HomeMy WebLinkAboutResolution 1964 - 0120RESOLUTION NO.6Ll~~l2o_7
ACCEPTING EASEMENT FROM BILL BARRY ENTER
PRISES,INC.~CONTRACP NO.7-5-3
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7,OF ORANGE COUNTY,
CALIFORNIA,AUTHORIZING ACCEPTANCE OF EASEMENT
FROM BILL BARRY ENTERPRISES,INC.,AI~D AUTHORIZ
ING PAYMENT THEREFOR IN THE AMOUNT OF $300.00
(Contract 7-5-3)
The Board of Directors of County Sanitation District
No.7,of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1.That the certain Grant of Temporary Easement
dated August 11,196k,wherein BILL BARRY ENTERPRISES,INC.,grants
to County Sanitation District No.7 a temporary easement for sewer
purposes in connection with the construction of Contract No.7-5-3,
and grants to the District ingress and egress from First Street,
Santa Ana,to the jobsite for said Contract No.7-5-3,is hereby
approved and accepted;and,
Section 2.That payment for said easement In the total
wnount of $300.00 is hereby authorized to be made to Bill Barry
Enterprises,Inc.,2000 East First Street,Santa Ana,Calirornia,
in accordance with the terms and conditions outlined in a
communication from the General Counsel for the District,dated
August 11,1964,a copy of which said communication is attached
hereto and made a part of this resolution.
C
FILaD
th€Otfict~of ~5ecr~ta’i
•(...Ouflty San~tn(Cr!tJ~!~rC(
~10
August 11,1964 ~UG 121964
7
/~)
aill aarry Enterprises,Inc.
2000 East First Street
Santa Ana,California
Attention Bill Barry
Dear Sill:
)I am writing you on behalf of County Sanitation District
No.7 to confirm our verbal understanding reached this morningi
County Sanitation District No.7 will pay you $300.00
within ten days from the date of this letter,and in return you
will permit the District,including its agents,employees and
(contractors,to enter your leasenold property at the above street
address along the easterly driveway from First Street and to pro—
ceed directly to the southerly portion of your leasehold property
which is not occupied or improved.You will permit the temporary
use and occupation of that property necessary to construct a sewer
line to be laid along the easterly line of the southerly 400 feet
~of your leasehold property,which is more particularly described
on the attached description entitled ‘Permanent Easement’.It is
understood that the use and occupancy by the Sanitation District,
its agents,employees and contractors,w~1l be limited to a period
of ninety days from August 12,1964,and that the working area to
be used and occupied will consist of the permanent easement
described th the attached description and an additional 20 feet
lying adjacent to the permanent easement on the westerly and
+—northerly sides thereof.
It is understood ~.hat you,as lessee,have thc Lull rights
to the use and occupancy of the subject property and thdt the
District will,on or about August 12,1964,rile an at..cion in
eminent domain for the purpose of acquiring the permanent easement
as described in the description attached to this letter.
It is understood that upon completion of the work and
before the expiration of ninety days,the surface of the property
\!will,be returned to a.condition similar to that in which it was at
~the time of occupancy by the District,and that the $300.00 paid
herewith will be payment in full for the temporary use and occu—
pancy herein described.It is also understood that if the
Bill Berry Enterprises,Inc.—2—8/11/64
contractor in the execution of his contract should damage the pro
perty outside the working area or any improvements you may have on
the property,this agreement will in no way impair your ability to
recover any euch damages.
It is further understood that this agreement shall in no
way affect the damage,to be paid for the acquisition of the perman7
ant easement,and that the amount paid herein is not in any way
indicative of the value of your property or the permanent easement
to be acquired in the action in eminent domain.
can hw
Thank you for your cooperation.
Description attached
ACCEPTED AND APPROVED.
Dated:August 11,1964
BILL BARWI ENTERPRISES,INC.
Your,very truly
C.Arthur Nisson,General Counsel
for County Sanitation District
No.7
cc~County Sanitation District No.7
Attention Right-of-way Department
Contract 7~5~3Hubc~C.Wtt~on
&Louise Wilsor~
~R~jL\N~NT ~ASF~1~”Ti
/
Over a portion of Lot “C’~of the Stafford ~md Tustin
Tract,as per ~ap recorded in Book 2,pages6l3 and 619 of Mtscel~
laneous Records in the office of the County Recorder of the County
of Los Angeles,State of California,more particularly described
as follows:
Beginning at the intersection of the East line of said
Lot “C”and the Northerly line of the Santa Ana Free~iay right of
way,as shown by deed to the State of California,recorded July 12,
1954,in Book 2768,page 59 of Official Records of Orange ‘County,
State of California;thence on a bearing of N.63~41’16”J.as
described in said deed,120.00 feet;thence N.210 18’44”E
20.00 feet;thence S.680 41’16”E.90.00 feet,~re or less,to
a line parallel,with and 20.00 feet Westerly,measured at right
angles,from the East Line of said Lot ‘IC”;thence Northerly and
parallel to said Cast line to a point 713.36 feet South of the
South line of First Street,as now established;thence Easterly at
a right anglo to said Easterly line,20.00 feet to said East line
of Lot “C”;thence South along said ~aet line to the point of
beginning
//‘1
5 ~6 14
/
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,FRED A.HARPER,Secretary of the Board of Directors of
County Sanitation District No.7
,
of Orange County,California,
do hereby certify that the above and foregoing Resolution
No.641201!7 was regularly passed and adopted at an adjourned
regular meeting of said Board on the 12th day of AUGUSt
1964
,by the following vote,to wit:
AYES:i~irectors Sheridan,Cook,Rail,Meyers,
.~ark~and PhillipS.
NOES:None.
ABSENT:None.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.7
,
of
Orange County,California,this 13th day of August
,
1964
~
Board of Directors of County Sanitation
District No.7
,
of Orange County,
Call for’nia
—2--