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HomeMy WebLinkAbout1965-05-26 - Resolution No. 131RESOLUTION NO. 131 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 ACQUI- SITION OF RIGHT OF WAY FROM BRADFORD BROS., INC., A NEVADA CORPORATION, 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 BRADFORD BROS., INC., a Nevada corporation, for the construction of a sewer transmission main, and WHEREAS, an appraisal of the required right of way was made by the employees of the Land Acquisition Service, Inc. to determine the fair market value of said right of way, and said appraisal was here- tofore approved by the District. Certain revisions to said appraisal were made in a letter form appraisal by said Land Acquisition Service and the District thereafter agreed that $2600.00 was the fair market value of the required right of way, and WHEREAS, Bradford Bros., Inc., a Nevada corporation, has agreed to convey the necessary right of way for $2600.00. 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 A7 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 specifically authorized to pay from the sums previously allocated for the acquisition of right of way the sum of 1. $2600.00 to Bradford Bros., Inc., a Nevada corporation, as provided for in that certain Right of Way Agreement attached as "Exhibit A" hereto. NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that an Easement Deed from Bradford Bros., Inc., a Nevada corporation, 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. 131 was regularly passed and adopted by the Board of Directors of the Yorba Linda County Water District at adjourned me held on the 26th day of Mav Secretary 2. eting of said Board 1965. of the,--Board of Directors • r 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 26th day of May 1965, and that it was so adopted by the following vote: AYES: 5 DIRECTORS - Wagner, Milmoe, Hastings, Clodt, McGuire NOES: 0 DIRECTORS - ABSENT:O DIRECTORS - Secretary o~-the'Yorba Linda County Water District and of the Board of Directors thereof. 3. riginu • 1965 BRADFORD BROS. INC. Grantor LAS-46'7 YORBA LINDA COUNTY WATER DISTRICT JOB NO.S-227 RIGHT OF WAY AGREEMENT EASEMENT DEED, dated ! 1965, covering property designated on Yorba Linda County Water District records as LAS-467, Job No.S-227, 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 set forth the whole of their agreement. The performance of this agreement constitutes the entire consider- ation 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 Yorba Linda County Water District shall: A. Pay to the order of the undersigned grantor the sum of $2,600.00 for the property or interest therein, as conveyed by said instrument, within thirty ('50) 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" • • 1. General and special taxes, if any. 2. The reservation of the use and control of cienegas and natural streams of water, if any, as contained in deed recorded May 4, 1903, in Book 30, page 397 of Deeds. 3. An easement for public road and incidental purposes by order of the Board of Supervisors of Orange County made on April 12, 1912. 4. An easement for road and incidental purposes in deed recorded November 23, 1926, in Book 689, page 302 of Deeds. 5. An easement for pole lines and incidental purposes in deed recorded October 2, 1953, in Book 2587, page 195 of Official Records. 6. An easement for the construction and maintenance of a sanitary sewer system and a water distribution system recorded March 27, 1963, in Book 6484, page 354 of Official Records. The undersigned grantor hereby agrees and consents to the dis- missal of that certain action in eminent domain filed in Superior Court as Case No.128617, entitled Yorba Linda County Water District, a.county.water...•district, vs. Bradford Bros., Inc., and waives any claim for costs of any kind including attorneys, appraisers or other fees and interest, and also waives any and all claim to any money that may have been-deposited in the Superior Court in said action. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. - 2 - • APPROVED AS TO FORM: / V J BY: Attorney RECOMMENDED FOR APPROVAL: BY. Right of Way Agent • BRADFORD BROS., INC., a Nevada corporation, BY: .Y YORBA LINDA COUNTY WATER DISTRICT BY :r A/ c.ll~'~ j,'~•, .f%,.i''9 s~~t'r'~i. BY: GeC~CI~ 1 • EASEMENT DEED r LAS-467 YORBA LINDA COUNTY WATER DISTRICT JOB NO.S-227 FOR VALUABLE CONSIDERATION, receipt of which is hereby or jtri. I,, a acknowledged, BRADFORD BROS., INC., a Nevada corporation, hereby grants and conveys to YORBA LINDA COUNTY WATER DISTRICT, a public corporation, a non-exclusive easement to install, construct, reconstruct, remove and replace, renew, inspect, maintain, repair and improve a sewer line with incidental underground appurtenances and connections in and under the real property hereinafter described. Said easement shall lie in and under that certain parcel of land in the County of Orange, State of California, described as follows: All that portion of the North half of Fractional Section 29, Township 3 South, Range 9 West, S.B.M., as shown on a map recorded in Book 51, page 7 of Miscellaneous Maps, Orange County, located in the City of Placentia, Orange County, California, described as being a strip of land of the uniform width of 15.00 feet, lying 7.50 feet on each side of the following described line: Beginning at a point on the centerline of Linda Vista Street, said point being distant South 3° 37' 31°7 East, 1141.85 feet along said centerline from the centerline intersection of Linda Vista Street and Yorba Linda Boulevard; said Yorba Linda Boulevard being parallel with and distant 20 feet Northerly therefrom the North line of Lot 5 in Hazard's Subdivision in the City of Placentia, County of Orange, State of California, as shown on a map thereof recorded in Book 18, page 7 of Miscellaneous Records of Los Angeles County; thence from said point of beginning North 89° 58' 45" West 575 feet, more or less, to the 15 foot sewer easement of the Yorba Linda County Water District as described in the Final Order of Condem- nation recorded in Book 6484, page 354, Official Records of said Orange County. The• rights of the grantee are subject to the following con- ditions and limitations: EXHIBIT "B" • c The rights and privileges granted herein to grantee shall terminate in the event the grantee shall permanently abandon use of the pipeline or sewerage facilities contained within the real property hereinabove described, or if grantee shall fail for a period of five (5) years to maintain and operate the structure or structures constructed thereon. The grantor, its successors and assigns, shall have the right to fully use and enjoy said real property hereinabove described, provided, however, that such use thereof shall be done in such manner as not to endanger or interfere with grantee's exercise and use of the right of way and easement herein described. Specifically, grantor shall have the right as to and in, upon and over said parcel to lay, construct, reconstruct, replace, renew, repair, maintain, operate, change the size of, increase the number of, and remove grantor's pipelines and appurtenances thereof for the transportation of oil, petroleum, gas, gasoline, water or other substances and to construct, maintain, operate, repair, renew and replace and add to and remove poles and overhead and underground wires, conductors, cables and conduits and appurten- ances thereof,with the further right to construct, maintain.and repair existing or future road,or roads for the purpose of ingress and egress to and from, over and across said real property herein described, provided, however, that the grantor, or its successors in interest, shall not unduly interfere with the rights of grantee to construct, repair, maintain, operate, renew, add to and remove its pipeline therein, it being understood that no buildings or structures of any kind shall be placed, erected or maintained on said strip of land, and further, cut from the now existing ground elevation or fill in excess of 15 feet within the easement area be made only with the permission of the Yorba Linda County Water District. In the event grantor or its successors shall be required to adjust r 4b or relocate any facilities constructed and maintained by it in said strip of real property to accomodate the use by grantee of the easement granted herein, grantee shall reimburse grantor for its costs incurred in such adjustment and relocation. IN WITNESS WHEREOF, this instrument has been executed this r day of „ 1965. BRADFORD BROS., INC., a Nevada corporation, APPROVED AS TO TITLE: BY: iy APPROVED AS TO DESCRIPTION: BY: / - BY: J STATE OF CALIFORNIA COUNTY OF ~iPA.dCE ss. On /~Mcbefore me, the undersigned, a Notary Public in and for ~i4.0F said State, personally appeared O~ ~r p known to me to be the President, and Y E.4s-'an/ known to me to be the <=cretary of the corporation that executed the within instrument, C and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of c directors. u WITNESS my han and o i ial seal. 0 l/} nature f f~^Ti~ / ~anccar 22, 196 7 Name (Typed or Printed) (This area for official notarial seal) This is to certify that the interest in real property conveyed by the within deed is hereby accepted by the under. signed officer or went on behalf of the Yorba Linda County Water District pursuant to authority conferred by Resolution No. 51 of the Yorba Linda County Water District adopted on September 25, 1961, and the Grantee consents to recordation thereof by its duly authorized officer. Ralph C. Shook, Ceneral Manager Yorba Linda County Water District