HomeMy WebLinkAbout1964-09-10 - Resolution No. 117;i 10 1
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RE~E,vEQ
RESOLUTION NO.
~ AuG 31 19C,4~
RESOLUTION OF THE :BOARD OF DIRECTORS OF THE 'T oU%" %A_`
LINDA COUNTY WATER DISTRICT APPROVING A RIGHTS ' %AE90600
WAY AGREEMENT AND GRANT OF EASEMENT FOR THE A
SITION OF RIGHT OF WAY FROM JOHN A. SKOGMAN AN
MARGARET P. SKOGMAN, 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
JOHN A. SKOGMAN and MARGARET P. SKOGMAN, 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 Ser-,JZ.ce, Inc.
to determine the fair market value of said right of way, and
WHEREAS, a condemnation action was filed on behalf of
the Yorba Linda County Water District to acquire this parcel,
and
WHEREAS, JOdN A. SKOGMAN and MARGARET P. SKOGMAN,
Grantors, compromise said condemnation action by agreeing to
convey the necessary right of way for $2,000.00 which is con-
sidered fair and equitable under the circumstances.
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 $2,000.00 to
John A. Skogman and Margaret P. Skogman, Grantors, as provided
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for in that certain Right of Way Agreement attached as "Exhibit
A" hereto.
NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED that
an Easement Deed from John A. Skogman and Margaret P. Skogman,
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. Z/ 7 was
regularly passed and adopted by the Board of Directors of
the 'Y`,~:-,a Linda County Water District at a regular meeting
of said Board held on the Zo day of s ~ ~e r
1964.
AVPR V V E7 .711E
)joerd of Di rec`r. ^rt Of the
Vorba Lindn .-,r Dlst.
SEP 10 '64
VALDO , retary of the
Board of /Directors
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LAS-426,
YOHBA LINDA. COUNTY
WATER DIS ."RI CT EASEMENT.
1964.
U
-HN . S,OGKAIN
P. SKOGMT AN
Grantors
RIGHT OF WAY AGREE7111ENT
EASEMENT DEED, dated 1964, covering
property designated on Yorba Linda County Water District records,
as LAS-426, has been executed and delivered to the Yorba Linda
:ounty Water District.
11 CONSIDERATION of which, and the other considerations
:~ereinafter set forth, it is mutually agreed as follows:
1. The parties have 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 public
improvement.
2. The 'orba Linda County Water District shall:
A. Pay to the order of the undersigned grantors the
sum of 2,000 for the property or interest therein
v
as conveyed by said instrument within sixty (14)
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 i..tnrecorded) and
"EXHIBIT A"
taxes, except:
1. General and special County and City taxes
for the fiscal year 1964-1965, a lien not
yet payable.
2. Rights of way over said land for all necessary
ditches of the Anaheim Union Water Company.
3. Rights of way and other rights over said land
as conveyed to Yorba Linda Water Company, a
corporation, by deed recorded November 7th,
1911 in Book 203, page 291 of Deeds.
4. An easement for public utility purposes as
conveyed to Southern California Edison Company,
a corporation, by deed recorded October 24,
1961, in Book 5891, page 289 Official Records.
5. The covenants, conditions and restrictions as
set forth in a Declaration of Restrictions
recorded May 23, 1962, in Book 6116, page 284,
Official Records.
It is understood and agreed that the granting of this
easement deed does not grant the Yorba Linda County Water District
the right to install any structures that will extend to or above the
surface of the existing ground level.
Any and all moneys payable under this contract, up
to and including the total amount of unpaid principal and interest on
the note secured by deed of trust June 4, 1962, in Book 6131, page
297 of Official Records, together with penalty (if any) for payment
in full in advance of maturity, shall., upon demand, be made payable
co the beneficiary entitled thereunder.
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5. The und4rsigned grantors hereby agree and consent
to the dismissal of the action in eminent domain in the Superior
Court of Orange County entitled Yorba Linda CountyWater District,
:Plaintiff, VS. John A Sko~,man, et al, Defendants, Case No.122047
and waive any and all clai::is to any money that may be deposited
in the Sunerior Court in this action.
IN WITNESS WHEREOF, the parties have executed this agreement
day and year first above written.
''?PRC AS TO TITLE:
BY .
Runt of Flay Agent
PROVED AS TO DESCRIPTION:
ze,
BY:
01 • •
LAS-426
YORBA LINDA COUNTY
WATER DISTRICT EASEIvIENT.
__SF,idIF,TIT DEED
FOR VALUABLE CONSID.JHATION, receipt of which is hereby
acknowledged, JOHN A SKOGIUtAN and MARGARET P. SKOGMAN, do 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 and improve a sewer
line with incidental appurtenances in, through and under said real
property hereinafter described:
Said easement shall lie in, through and under that certain
parcel of land in the County of Orange, State of California, described
s follows:
That portion of Lot 2 in Block 23 of Yorba Linda Tract,
as shown on a map filed in Miscellaneous Maps, Book 5,
pages 17 and 18, records of said Orange County, described
as follows:
A strip of land 15 feet wide, with side lines measured at
right angles, 9 feet northeasterly and 6 feet south-
i%esterly from the following described line:
Beginning at a point on the northeasterly extension of
the southeasterly line of Grandview Avenue, distant thereon
129.85 feet northeasterly from the intersection of the
southwesterly line of said Lot 2 with the southeasterly
line of Grandview Avenue, as shown on a map filed in
Book 42, page 19 of Records of Surveys, records of Orange
County, California; thence South 610 57' 2011 East and
parallel with the southwesterly line of that certain
parcel shown as "1.437 Ac." on said Record of Survey map,
287.99 feet, more or less, to a point on the easterly
line of said 111.437 Ac." parcel.
The side lines of said easement to be lengthened or
shortened to meet property lines,
EXHIBIT "B"
•
To-ether 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
`.`later 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,
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 freww exercise of said
basement and rights of way; provided, however, that:
a) No building or permanent structures of any kind shall be
placed, erected or maintained thereon, other than a wooden,
chain link or wire mesh fence, not to exceed 6 feet in
height and located within the southeasterly 2 feet of said
easement area.
b) No streets, alleys or roadways shall be constructed upon,
over or along said easement and rights of way to a grade
less than four (4) feet above the top of any pipe located
within the lines of said easement or rights of way.
(c) 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 improve-
ment to be constructed therein greater than fifteen (15) feet
in depth.
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D:.TED this day of August, 1964.
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STATE OF CALIFORNIA
COUNTY OF
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aefore me, the undersigned, a Notary Public in and for said
County and Ste, personally appefired
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Notary Public in and for said Couy„Apd„$tase..o.a..rm