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HomeMy WebLinkAbout1964-11-25 - Resolution No. 119I RESOLUTION NO. 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 THE ESTATE OF WILLIAM H. EVANS, DECEASED,A.ND THE ESTATE OF WILLIAM E. EVANS, DECEASED, 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 the ESTATE OF WILLIAM H. EVANS, DECEASED, AND THE ESTATE OF WILLIAM E. EVANS, DECEASED, Grantors, for the construction of a sewer transmission main, and WHEREAS, an appraisal of the acquired 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 WHEREAS, THE ESTATE OF WILLIAM H. EVANS, DECEASED, and THE ESTATE OF WILLIAM E. EVANS, DECEASED, 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, and WHEREAS, the Yorba Linda County Water District was granted a right of entry on July 14, 1964. Interest at the legal rate is therefore payable for the amount of the settlement from that date to the date of the Right of Way Agreement in the amount of $15.00. 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 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 1. 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 $920.00, plus interest in the amount of $15.00, for a total sum of $935.00 to The Estate of William H. Evans, Deceased, and The Estate of William E. Evans, Deceased, Grantors, 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 The Estate of William H. Evans, Deceased, and The Estate of William E. Evans, Deceased, 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. q was regularly passed and adopted by the Board of Directors of the Yorba Linda County Water District at ad~CJ-le.1 meeting of said Board held on the I day of _,Oc,) .e,ja./, 1964. l' VALDO Adof Secre ary of the BoDirectors 2. 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 day of SoaC- /i o 10- , 1964, and that it was so adopted by the following vote: AYES: DIRECTORS - NOES: DIRECTORS - ABSENT: DIRECTORS - VA,LDO Y. SMITH Secretary of//the Yorba Linda County Water District and of the Board of Directors thereof. 3. Original LAS-435, PARCEL N0.1. SEWER EASEMENT FOR TRACT N0.5177. 1~?7i 1964 VIRGINIA ANN AUSTIN and LELIA E. RUST, Executors of the Estate of William H. Evans, Deceased VIRGINIA ANN AUSTIN and LELIA E. RUST, being the duly appointed and qualified executricies of the Estate of William E. Evans, Deceased RIGHT OF WAY AGREEMENT EASEMENT DEED AND TEMPORARY EASEMENT DEED, dated 1964, designated on Yorba Linda County Water District records as LAS-4351 Parcel No.l, 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: 11 The parties have herein set forth the whole of their agree- went. 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 $935.00 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" 11 General and special County and City taxes for the fiscal year 1964-1965, a lien not yet payable. 2. The rights of way granted to the Yorba Linda County Water District by deed recorded November 71 1911, in Book 203, page 291 of Deeds. 3. The right of way for irrigation, drainage ditches, pipe lines or conduits, and covenants, conditions and restrictions in deed recorded March 30, 19129 in Book 210, page 225 of Deeds. 4. An easement for underground water lines and incidental purposes in favor of Virgil G. Morf a and Leita T. Morf by deed recorded May 9, 1958, in Book 4282, page 5 of Official Records. B. Pay to the undersigned owners, at the-rate of $100.00 per tree, for total destruction of any of the now existing orange trees located adjacent to and northerly of the easement area granted by the above mentioned deeds, caused by the construction, maintenance, repair, replacement or enlargement of the proposed sewer line. 3. It is understood and agreed that the proposed installation of the above mentioned sewer line will be in accordance with plans and specifications prepared by Lowry and Associates for and approved by the Yorba Linda County Water District on April 13, 1964. 4. It is further understood and agreed that the Yorba Linda County Water District, or its authorized agent, shall replace, as near as practicable, the necessary ground fill withiNthe easement area to correspond with the existing condition. 5. It is further understood and agreed that after the installation of said sewer line, any damage done by reason of maintaining, reconstructing, replacing, repairing or improving said sewer line, to any improvements, except buildings or structures, placed within said easement area, be replaced in kind or, if replacement is not possible, compensation be made for such damage. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. r irginsa nn Austin and Lelia . Rust, Executors of the Estate of William H. Evans, Deceased. V Virginia nn Austin and Lelia E. Rust, being the duly appointed and qualified executricies of the Estate of William E. Evans, Deceased. APPROVED AS TO FORM: BY : RECOMMENDED FOR APPROV, : BY : _-'~(_C(~ , YORBA LINDA COUNTY WATER DISTRICT. BY : C, EASEMENT DEED • LAS-435 Parcel No. 1 SEWER EASEMENT FOR TRACT NO. 5177 1. FOR VALUABLE CONSIDERATION, receipt of which is her"eby, ,acknowledged, VIRGINIA ANN AUSTIN and LELIA E. RUST, Executors of the Estate of William H. Evans, Deceased,; and VIRC,TIiYA ANN AUSTIN and LELIA E. RUST, being the duly appointed and qualified executricies of the Estate of William E,'(,Evans, deceased, hereby grant and convey to YORBA LINDA COUNTY WATER DISTRICT, a perpetual easement and right of way to install, construct, reconstruct, re- move and replace, inspect, maintain, repair, and improve a sewer line with incidental appurtenances and connections in) on, and under said real property hereinafter described, 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 Lot 4 in Block 16 of the Yorba Linda Tract, as shown on a map recorded in Book 5, pages 17 and 1$ of Miscellaneous Maps, records of Orange County, California EXCEPTING the west 315.00 feet. 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, constructing, reconstructing, renewing, inspecting, maintaining, repairing, enlarging, using and operating said sewer line. EXHIBIT "B" P Provided, however, that all tools, implements, debris and other materials are removed from the easement area after said sewer line has been constructed, maintained, repaired or enlarged. 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 said sewer line 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 day of r 1t,~'r"~'1~~< : 1964. Virginia Ann Austin and ~el'ia Rust, Executors of the Estate of William H. Evans, deceased. n APPROVED AS TO TITLE .r~ L/I~ BY: ~titiu~lti Yiight of Way Agent Virginia Ann Austin and Lelia L. Rust, being the duly appointed and qualified executricies of the Estate of William E. APPROVED AS TO DESCRIPTION: Evans, deceased. BY: ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. On October 20th, 1964, before me, the undersigned, a Notary Public in and for said County and State, personally appeared VIRGINIA ANN AUSTIN and LELIA E. RUST, Executors of the Estate of WILLIAM H. EVANS, deceased, and VIRGINIA ANN AUSTIN and LELIA E. RUST, as executricies of the Estate of WILLIAM E. EVANS, deceased, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same as Executors and Executricies. WITNESS my hand and of'icial sdal. Notary Public in and ftSi`'1'sakd- County l~ 1 and State cHAr LES W. W,sT 1, My Cwiimission Expiras AE..1 1, 1 :67.