HomeMy WebLinkAbout1964-04-22 - Resolution No. 110L^.S-408, Parcel No.6.
YOR.13:1 LINDA COUNTY
I^IATER. DIST`il"T LINE.
Imperial uighl,,ray to
Placertia-Yorba Road.
QUITCLAIM: EASE?,!EN-7_' DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby ack-
nowledged, MYRTLE B. KOCH hereby quitclaims, releases ar.d
to ?ORBA LINDA COUNTY ?'J:1TEF DISTRICT, a munic:;c:.l corporation, a
r r::et•_.al easement and right of way to install, construct, recon-
remove and ^eplace, inspect, maintain, repair, improve and
r-,, : Cate a sewer pipe line with fnridental appurtenanc::s and
-recticns in, on, and under said real props-ty hereiraft::r
1, %ed, and to install, construct, reconstruct, inspect. :maintain,
r:ir, replace, improve and relc ,-te lines para' 1(- . tG 3a` sewer
, and to construct service connection structures P_ :,_,art, -nt to
saia sy•.,rer line. Said easement s -,all lie in and under ,h_., certain
parcel cr land in the County of Crange, State of California, aescribed
as fol1W.Ts:
l: ^ip of land 15.00 feet w-de in that, -portion of Lot
4, lc ^k 34, and sots --id Block 2' ;:f the Yorba
Linda Tract, as shown on a -,ap filed in Book 5, pages
17 ~-,nd 18 of M-13cellanecus PQaps, records of Orange
County, in the Rancho ,.-non de Santa Ana, County of
Orange, State of California, said strip lying 7.50
feet on each side of tie following described centerline:
Beginning at a point in -';he north boundary of that parcel
of land labelled "Leoncia. Ycrba et al 10,9313 Ac. Gr." on
a map filed in Book 53, page 44 of Records of Surv:i~,
records of Orange County, said point being South '75 494
11," West 9.15 feet from the northeasterly terminus- of
t-.certain course thereon shown as North 750 49` 14"
Eat 527.59 feet; thence North 180 364 4$1' East 83495
feet to a point in a curve concave northeasterly and
having a radius of 405.00 feet, a radial line from said
point on said curve bears North 840 454 40" East, said
curve being in the westerly ri.-ht of way line of Orchard
Drive.
"EXHIBIT B"
i ~
The side lines of said 5.00 foot wide strip shall
be lengthened or shortened to terminate at said
westerly right of way line and said north boundary
of the land labelled "Leoncia Yorba et al 10.313 Ac.
C r it
ENCEPT from above description any portion of Lots 5
and 6 of Block 24 of said Yorba Linda Tract.
Tcgether with the right ".o enter upon and to pass and repass
c°--^ and along said strip of land, and to deposit tools, implements
a other materials thereon by said Yorba Linda County 1/Jatar District,
of:'icers, agents and employees, and by persons under coa.-act to
trust said sewer line, and their employees, wherever ana -.erever
;essary for the purpose of laying, constructing, recc " stru,r,, __ig,
,-...-wing, inspecting, maintaining, repairing, enlarging, using and
operating said sewer line.
It is understood that the permanent easement and rights of way
above described shall be acquired subject tc the rights of the owners,
their successor and assigns, to use the surface of the land within
th:" boundary line of such easemert and rights of way to the extent
c, at ::;le with the full and free exercise of said ea"sement and rights
o- way; provided, however, that: No buildings or stru~tures of any
kind shall be placed, erected or maintained thereon: nc. streets, alleys
nor ro :ways shall be constructed apon, over or along said easement
and rights of way to a grade less than 4 feet above the top of any
pipe or pipes located within the lines of said easement or rights of
way, no fill shall be placed or maintained over the surface of the
ground as it shall exist within the lines of said easement and rights
of way upon the completion of the.improvement to be constructed therein
greater than 10 feet in depth.
IN WITNESS WHEREOF, thiE. instrument has been executed th /'s-/ -C11
day of 1964•
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APPROVED AS TO TITLE
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Right of Way ."..gent V
APPROVED AS TO DESCRIPTION:
BY :
STATE OF CALIFORNIA
COUNTY OF
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On r.L...~P.!
before me, the undersigned, a Notary Public in and for said
County and State, Personally PPear Qd
fJ..d _~J
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known to me to be the person........ whose name 4t-.11
subscribed to the within instrument and acknowledged to me
....................:r. .......executed the same.
that....
WITNESS ;m hand and offic'al a 1.
G~
(Seal)s G~
Notary PublicMrd9orofi 9ounty aFd State.
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RESOLUTION NO.
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HLMC:bbb
RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA
COUNTY WATER DISTRICT APPROVING A RIGHT OF WAY AGREEMENT
AND GRANT OF EASEMENT FOR THE ACQUISITION OF RIGHT OF
WAY FROM MYRTLE B. KOCH, GRANTOR, AND APPROVING THE PAY-
MENT OF FUNDS TO SAID GRANTOR FOR CONVEYANCE OF REQUIRED
RIGHT OF WAY
The Board of Directors of the Yorba Linda County Water
District does hereby find, determine, order and resolve as
follows:
WHEREAS, certain right of way must be acquired from
MYRTLE B. KOCH, Grantor, for the construction of the sewer
transmission main, and
WHEREAS, an appraisal of the acquired right of way was
made by employees of the Land Acquisition Service, Inc. to
determine the fair market value of said right of way, and
WHEREAS, MYRTLE B. KOCH, Grantor, has agreed to convey
the necessary right of way for an amount identical to that
indicated in the before mentioned appraisal of the fair market
value of said required right of way.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that Ralph
Shook, General Manager of the Yorba Linda County Water District
be authorized to execute on behalf of said water district that
certain Right of Way Agreement marked and attached hereto as
"Exhibit A" and which is hereby incorporated by reference.
NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED that
Ralph Shook, General Manager of the Yorba Linda County Water
District carry out the provisions on behalf of the Yorba
Linda County Water District which are incumbent on said water
district to perform under the terms of the Right of Way Agreement
hereby attached as "Exhibit A". Ralph Shook is further speci-
fically authorized to pay from the sums previously allocated
for the acquisition of right of way the sum of $10.00 to
Myrtle B. Koch, Grantor, as provided for in that certain Right
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of Way Agreement attached as "Exhibit A" hereto.
NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED
that a Quitclaim Easement Deed from Myrtle B. Koch, Grantor,
in the form and manner as set forth in "Exhibit B" hereto be
accepted by the district and recorded.
The above and foregoing Resolution No. //a was
regularly passed and adopted by the Board of Directors of
the Yorba Linda County Water District at a regular meeting
of said Board held on the day of 1964.
VALDO Y. SMITH, Secretary of
the Board of Directors
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STATE OF CALIFORNIA. )
ss
COUNTY OF ORANGE )
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I, VALDO Y. SMITH, Secretary of the Board of Directors
of the Yorba Linda County Water District do hereby certify
that the above and foregoing is a full, true and correct copy
of Resolution No. of said Board, and that the same has
not been amended or repealed.
DATED this .l day of 1964.
J
VALDO Y. SMITH, Secretary of the Yorba
Linda County Water District and of the
Board of Directors thereof.
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MYRTLE B. KOCH
Grantor
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LAS-40$, Parcel No.6.
YORBA LINDA COUNTY
WATER DISTRICT LINE.
Imperial Highway to
Placentia Yorba Road.
1964•
RIGHT OF WAY AGREEMENT
QUITCLAIM EASEMENT DEED, dated 9& 14- , 1964,
covering property designated on Yorba Linda County Water District
records as LAS-40$, Parcel No.6, has been executed and delivered
to the Yorba Linda County Water District.
IN CONSIDERATION of which, and the other considerations herein-
after set forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agree-
ment. The performance of this agreement constitutes the entire con-
sideration for said document and shall relieve the Yorba Linda County
Water District of P11 further ob1igation or claims on this account,
or on account of the location or con--truction of the proposed sewer
line.
2. The Yorba Linda County Water District Shall:
A. Pay to the order of the undersigned grantor the sum of
$10.00 for the property or interest therein as conveyed
by said document, within sixty (60) days after date
title to said property or interest vests "n *'ze Yorba
Linda County Water District, free and clear ' all liens,
encumbrances, assessments, easements and leases (recorded
or unrecorded) and taxes, except:
"EXHIBIT A"
(1) seneral and special County and City taxes
for the fiscal year 1963-1964.
(2) Reasonable rights of way for canals, flumes
and aqueducts, etc. by deed recorded June 26,
1876, in Book 45, page 149 of Deeds, records
of Los Angeles County, California.
(3) All ri;,-,4,of way for irrigation or drainage
ditches., pi,-,e lines or cor.du~_tr, in deed
recorded Nov nber 22, 1915, in Book 279, page
172 of Deeds.
~4) The covenants, conditions and restrictions as
contained in said last mentioned deed.
(5) An easen.ant for drainage purposes s conveyed
to the State of California by deed recorded
April 11, 1962, in Book 60711 ; _ 3$ of
Official Records and re-recorded 26,
1962, in Boos: 6089, page 98 of ?ecords.
The undersigned grantor hereby- agrees and consents to the
d~.-, issal of an r'.tion in eminent domain filed in Superior Court of
Orange ^ounty by Lhe Yorba Linda County Water District entitled
Yor::a yinda County Water District vs. :carry E. Lotiro, as Executor of
thr. Estate of Herminie iayha Lowe, Deceased, et: al., S.C.C. No.1217C7,
coxr rinv the herein described property and also waives ~.ny and all
cl- im to .:y money that may b--z de,Dosited in the Superior Court in
I:.:_... L:v :.:i.
I"% t:.ITNESS WHEREOF, the parties have executed this agr : ement the
d- ar:''. gear first above written.
APPROVED AS TO 1? 1:
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BY : ,114w ✓~L 2t~
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R CAr.ENDFD FOR APP PL
BY . -~rtii of 1v
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YORBA LINDA COUNT'- WA: DISTRICT.
BY :