HomeMy WebLinkAbout1964-08-12 - Resolution No. 1160% • i 5-25--64 HLMc :bbb
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA. LINDA. COUNTY WATER DISTRICT APPROVING
A. RIGHT OF WAY AGREEMENT AND GRANT OF EASE-
MENT FOR THE ACQUISITION OF RIGHT OF WAY FROM
VIRGIL G. MORF AND LEITA MORF, GRANTORS, AND
APPROVING THE PAYMENT OF FUNDS TO SAID GRANTORS
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
VIRGIL G. MORF AND LEITA MORF, Grantors, 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, VIRGIL G. MORF and LEITA MORF, Grantors, have
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, BE IT 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 $1,497.00 to
VIRGIL G. MORF and LEITA MORF, Grantors, as provided for in
that certain Right of Way Agreement attached as "Exhibit A" hereto.
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NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED that
an Easement Deed from VIRGIL G. MORF and LEITA MORF, Grantors,
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. 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 2u1K_5 ~ 1964.
P'ecretaryv of
the Board of Directors
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STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, VALDO Y. SMITH, Secretary of the Board of Directors
of the Yorba Linda County Water District do hereby certify
that the foregoing resolution was duly adopted by the Board
of Directors of said District at a meeting of said Board duly
held on the _Zl~ - day of u 1964, and that it
was so adopted by the following vote:
AYES: //Ii/rlloel ~fl `~lu-+~ c~ /b~rt~ys~ ClofJ ~.Uagllef~
° n @ J
NOES:
ABSENT: /1010
Secretary the Yor a Linda County
Water District and of the Board of
Directors thereof
i..
LAS-435
Parcel Aoe2.
SEWER EASEMENT
FOR TRACT N0.5177.
VIRGIL G. MORF
LEITA MOgF
Grantors
, 1964•
RIGHT OF WAY AGREEMENT
EASEMENT DEED and TEMPORARY EASEMENT DEED, dated
1964, designated on Yorba Linda County Water District records as
LAS-435, Parcel No.2, 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
agreement. The performance of this agreement constitutes the entire
consideration for said document and shall relieve the Yorba Linda
County Water District of all further obligation or claims on this
account, or on account of the location or construction of the proposed
sewer line.
2. The Yorba Linda County Water District shall:
A. Pay to the order of the undersigned grantors the sum
of $1,497.00 for the property or interest therein as
conveyed by said documents, within sixty (60) days
after date title to said property or interest vests in
the Yorba Linda County Water District, free and clear
of all liens, encumbrances, assessments, easements
and leases (recorded or unrecorded) and taxes, except:
"EXHIBIT A"
y
le General and special County and City taxes
for the fist.~1 year 1964-1965, a lien not
yet payable.
2. The right of way for irrigation or drainage
ditches as rc:served in deed recorded March 30,
19121 in Book: 210, page 225 of Deeds.
Be Replace as soon as possible the now existing concrete
slab and the two clothes line poles, at no cost or
expense to the undersigned owners.
3. It is understood and agreed that after the completion of
the initial installation of the proposed sewer line, any damage done
by the Yorba Linda County Water District, or its authorized agents,
to any plants, trees, shrubs, or improvements permitted in the easement
area by said easement deed, will be replaced in kind or compensation
for such damage will be paid to the undersigned owners, or their
successors or assigns.
IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
APPROVED AS TO FORM;
BY :
RECOMMENDED FOR APP VAL:
BY : / ( v
u
YORBA LINDA COUNTY WATER DISTRICT
BY: ` l'r,
"EXHIBIT A"
•
LAS-435
PARCEL NO, 2
SEWER EASEMENT
FOR TRACT NO. 5177
0
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, VIRGIL G. MORF and LEITA MORF, husband and wife,
hereby grant and convey to YORBA LINDA COUNTY WATER DISTRICT,
a perpetual easement and right of way to install, construct,
reconstruct, remove and replace, inspect, maintain, repair,
improve and relocate a sewer line with incidental appurtenances
and connections in, on, and under said real property hereinafter
described, and to install, construct, reconstruct, inspect,
maintain, repair, replace, improve and relocate lines parallel
to said sewer line, and to construct service connection structures
appurtenant to said sewer line. Said easement shall lie in and
under that certain parcel of land in the County of Orange, State
of California, described as follows:
The southerly 15°00 feet of the westerly
315.00 feet of Lot 4 in Block 16 of the
Yorba Linda Tract, as shown on a map re-
corded in Book 5, pages 17 and 18 of
Miscellaneous Maps, records of Orange
County, California
Together with the right to enter upon and to pass and repass
over and along said strip of land, and to deposit tools, implements,
and other materials thereon by said Yorba Linda County Water
District, its officers, agents and employees, and by persons
under contract to construct said sewer line, and their employees,
whenever and wherever necessary for the purpose of laying,
"EXHIBIT B"
Constructing, reconstructing, renewing, 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 to the rights.of
the owners, their successor and assigns, to use the surface of
the land within the boundary line of such easement and rights of
way to the extent compatible with the full and free exercise of
said easement and rights of way; provided, however, that: NO
buildings or structures of any kind shall be placed, erected or
maintained thereon; no streets, alleys nor roadways shall be
constructed upon, 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 im-
provement to be constructed therein greater than 15 feet
in depth.
IN WITNESS WHEREOF, this instrument has been executed
this /9 day of 1964.
APPR7VAS TO TIM
BY: Flight of-Way Agent
APPROVED AS TO DESCRIPTION:
BY :
I "EXHIBIT B"
VIRGIL MORF, Grantor
,~a L 0 F', Gra or
STATE OF CALIFORNIA
COUNTY OF
Orange
,
On........ MaX_ I h.j....1944
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
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A
Virgil_.G.:Morf and
Latta Mo f
q
V
'Y
known to me to be the person.$.... whose name..S....B.rA....
subscribed to the within instrument and acknowledged to me
that tbv..... exec the same.
M WITNESS my hand a off ial seal.
(Seal)
tj0\MrkRVI4Md[fbPb14 County State.
4 1 My Commission Expires Dec. 18, 1966