HomeMy WebLinkAboutResolution 1977 - 0111RESOLUTION NO.77-111-2
AUTHORIZING ACCEPTANCE OF GRANT OF EASEMENT
FROM SANTA ANA VALLEY IRRIGATION COMPANY RE
CONTRACT NO.2-14-4
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.2 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING ACCEPTANCE
OF GRANT OF EASEMENT FROM SANTA ANA VALLEY
IRRIGATION COMPANY IN CONNECTION WITH
CONTRACT NO.2-14-4
***************
•The Board of Directors of County Sanitation District No.2 of Orange
Cou~ity,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That certain Grant of Easement dated August 3,1977,wherein
an easement in the vicinity of the Weir Canyon Orchard Property for sanitary
sewer purposes is granted to County Sanitation District No.2,is hereby accepted
from SANTA ANA VALLEY IRRIGATION COMPANY;and,
Section 2 That the real property over which said easement is granted is
more particularly described and shown on Exhibits “A”and.”B”,attached hereto
and made a part of this resolution;and,
Section 3 That said easement is granted in connection with construction
of.the Santa P~na River Interceptor Sewer,Reach 5,Contract No.2-14-4;and,
Section 4 That payment for said Grant of Easement is hereby authorized
pursuant to the terms of the Agreement re Purchase and Sale of.Underground
Easements and Right-of-Way,dated October 6,1977,with SAVI Development Co.,Inc.,
Santa Ana Valley Irrigation Company and Bicklyn,Inc.;and,
Section 5 That the Secretary of the Board of Directors of County Sanitation
District No.2 be authorized and directed to record said Grant of Easement in the
Official Records of Orange County,California.
PASSED AND ADOPTED at a regular meeting held August 10,1977.
RECORDING 1u~QuEs’rED DY
COUNL’Y ~AN1TA’11ON OISTI(ICT NO.2
WHEN RECORDED MAIL TO
0
COUNTY S7~NIT7~TION DISTRICT NO.2
P.0.Box 13127
Fountain Valley,CA 92700
________________________________SPACE ABOVE THIS LINE FOR RECORDER’S USE_
FU?~Og.5O(~-03
GRANT OF EASEMENT
THIS INDENTURE,made and entered into this 3rd day of August
1977,by and between SANTA ANA VALLEY IRRIGATION COMPANY,a California
corporation,Grantor,
and County Sanitation District No.2,of Orange County,California,a
public corporation,Grantee.
WITNESSETH:Fora valuable consideration the Grantor does hereby grant
unto the Grantee,a non-exclusive easement and right of way to establish,
construct and maintain for all time an underground public sewer and
appurtenances in,through,on and along that certain real property
situated in the County of Orange,State of California,more particularly
described as follows:
SEE ATTACHED EXHIBIT “A”
•
THIS GRANT is made by the Grantor under the full understanding and condition
that the Grantee,by acceptance of this grant,has the right to remove all
•things thereon that interfere with the purpose for which said easement is
granted.Further,it is agreed by the Grantor that any structure placed
upon,or tree,plant or shrub planted on said easement which injures the
sewer or unreasonably interferes with the maintenance thereof shall be
•removed by the Grantor at its expense when notified in writing to do so
by the Grantee.Further,it is understood that connections to such
public sewer constructed on the real property described will not unrea
sonably be withheld and will be made only upon strict compliance with
such rules and regulations as grantee shall adopt from time to time and
keep on file in the office of its secretary.
TO HAVE AND TO HOLD unto the Grantee forever for the sole object and pur
pose of constructing and maintaining thereon an underground public sewer
and appurtenances thereto.Grantee’s rights shall include the right to
construct and maintain manholes,air valves,blow of fs,and service
connection structures appurtenant to said line of trunk sewer pipe which
structures may extend above the surface of the ground.Grantor retains
•the right to use the surface and subsurface of the easement for any use
-----‘-~•.~t.rith 1-he maintenance and operation
$TATE OF CALIFORNIA ‘~
S
COUNTY OF ORA~E 3’”
a 3 1O~71 ‘ION COMPANY,
f ~On ugus ,‘
,before me,the undersigned,a Notary Public In and fog
.said State,personally appeered
ROY D.LEWIS
).~‘known to me to be the President,and_THQ~IiI$.F_~TQRRY
known to me to be the.......S.PC__—Tres..J~L4~4~,4 of the corporation that executed the within fnstrum’,nt,
and known to me to be the persons who ececuted the within dent
Instrument on behalf of the corporation therein named,and ac•~
•—(‘~~•
knowledged to me that such corporation eaecuted the within •~,,•••—,.
—
•f....I’\rt.LC’,~.,sI~E SCH~~CHT •~,,‘rres.
Instrument pursuant to its by.lewi or a resolution of its board of ~I ;~1.-~•,?~?f ‘‘‘
-C \~IFORI,IA
\~,••.~..I •‘‘“I’1’d,r.cto,s.
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•My C~unlk~cn E:~v.~6,X~76 ~
~~
EXHIBIT “A-i
That portion of a strip of land THIRTY (30)feet wide,lying within the
real property of the Grantor described as follows:
Lots 4,5,X and A through D (inclusive)of Tract No.865,as shown on
map recorded in E3ook 28,page 18 of Miscellaneous Maps,in the office of the
County Recorder of said County,together with that portion of the land
allotted to Maria do Jesus Wilson do Shorb as described.in the Decree of
Partition of the Rancho Santiago do Santa Ana entered September 12,1868
in Book “B”page 410 of Judgments of the District Court of the 17th Judicial
District in and for Los Angeles County,California and that portion of the
•3rd Class Land allotted to Andrea E.De Davila as described in the final
Decree of Partition of the Rancho Canon do Santa Ana,a certified copy of
which was recorded February 8,1874 in Book 28,page 158 of Deeds,in the
•office of the County Recorder of said Los Angeles County,described as follows:
Beginning at the Northeast corner of Tract No.2 allotted to Win.Ferguson
in said Decree of Partition of the Rancho Santiago de Santa Ana;thence South
27°08’OO”East,1188.00 feet,to the Southeast corner of said land allotted
to Wm.Ferguson on the Northwesterly line of Lot 2 of said Tract No.865;
thence r~orth 62°52’OO”East,along the Northwesterly line of said Lot 2 to
the Northeast corner of said lot 2;thence along the boundary line established
by agreement between Fred H.Bixby Co.and Susanna Bixby Bryant recorded
April 13,1938 in Book 937,page 164 of Official Records in the office of the
County Recorder of said Orange County,the following courses:North lS°28’46”
West,998.58 feet;North 670001001 West,273.59 feet,to the Northeasterly
prolongation of the Southerly line of Lot 5 of said Tract No.865;thence
South 6205210011 West,along said prolongation and said Southerly line to the
point of beginning.
The side lines of said strip of land THIRTY (30)feet wide shall be
TWENTY (20)feet Left and TEN (10)feet Right,measured at right angles,respectively,
from the surveyed reference line described as follows:
•Beginning at the intersection of a non—tangent curve concave Southwesterly
having a radius of 200 feet,with the boundary line as ~described in that
certain~“BOUNDARY LINE AGREE~1ENT”recorded July 15,1957 as Instrument No.92474
in Book 3973,page 485 of said Official Records,said boundary line is also
shown a map on file in Book 37,page 33 of Record of Surveys in the office
of said Orange County Recorder,said intersection being North 05°33’46”West,
measured along said bouniary line,413.66 feet,from a found .2 inch Iron Pipe
and Tag marked “1.S.2477”set at the Southerly terminus of that certain
course shown as having a bearing of “N.6°40’3l.3”W.”and a length of “1098.97”
feet on said map,said intersection also.being South 05°33’46”East,measured
along said boundary line,849.14 feet,more or less,from a found 2 inch Iron
Pipe and Tag marked “L.S.2477”set in the Northerly line of Esperanza Road
(60 feet wide)as shown on said map,a radial line to said intersection
bears North l7°06’38”East;thence Southeasterly along said curve,through
a central angle of 33°25’l9”an arc length of 116.66 feet;thence South
39°28’03”East,231.29 feet,to the beginning of a tangent curve concave
Northeasterly,having a radius of 200 feet;thence Southeasterly along said
curve,through a central angle of 80032b00hi an arc length of 281.11 feet to
the beginning of a compound curve concave Northwesterly having a radius of
9770 feet;thence Northeasterly along said curve,through a central angle
of 03°56’43”an arc length of 672.75 feet,to the beginning of a reverse curve
concave Southeasterly,having a radius of 200 feet;thence Northeasterly along
said curve,through a central angle of 5O044l59~an arc length of 177.15 feet;
thence South 73°11’47”East,165.09 feet,to the beginning of a tangent curve
concave Southwesterly having a radius of 1620 feet;thence Southeasterly along
said curve through a central angle of 08°l7’34”an arc length of 220.00 feet,
•to the beginning of a reverse curve concave Northerly,having a radius of 200
feet;thence Southeasterly along said curve through a central angle of 40°35’50”
an arc length of 141.71 feet,to the beginning of a reverse curve concave Southerly,
having a radius of 200 feet;thence Southeasterly along said curve through a
central angle of 51°O0’4l”an arc length of 178.06 feet,to the beginning of
a compound curve concave Southwesterly,having a radius of 1640 feet;thence
Southeasterly along said curve through a central angle of 0604715811 an arc length
of 166.00 feet,to the beginning of a reverse curve concave Northeasterly having
a radius of 200 feet;thence Southeasterly along said curve through a central
angle of 4101312511 an arc length of 143.90 feet;thence South 89°54’49”East,
83.32 feet,to the beginning of a tangent curve concave Northerly having a radius
of 800 feet;thence Northeasterly along said curve through a central angle of
38°02’17”an arc length of 531.11 feet;thence North 52°02’54”East,45.45
EXHIBIT “feet,to the beginning of a tangent curve concave Southeasterly having a
radius of 100 feet;thence Nort~i t~ter~y aluinj said curve through a central
angle of 1705912911 an arc length of 502.41 feet;thence North 70°02’23”East,
~OOl.76 feet;thence South 500501320 East,271.35 feet;thence North 73~O0’OO”
East,487.47 feet,to the beginning of a tangent curve concave Southerly
having a radius of 1600 feet;thence Northeasterly along said curve through
a central angle of 15°34’24~an arc length of 434.89 feet;thence North
88°34’24”East,1341.88 feet;thence South 07°07’30”East,299.66 feet,to
the beginning of a tangent curve concave Northeasterly having a radius of
800 feet;thence Southeasterly along said curve through a central angle of
2002213011 an arc length of 284.49 feet;thence South 27030b00h1 East,568.75
feet,to a point that bears North 67°02’43”East,20.67 feet,from a found
2 inch Iron Pipe and Tag marked “F.P.No.22”set at the Southeasterly
terminus of that certain course described (12)as “S.27°09’47”E,717.56 feet”
in PARCEL 68969-1 of Lis Pendens recorded February 1,1974 as Instrument No.927
in Book 11068,page 1271 of said Official Records,last mentioned found 2 inch
Iron Pipe bears South 27°lO’57”East,718.01 feet,from a found 2 inch Iron
Pipe and Tag marked “F.P.No.23”set at the Northwesterly terminus of said
certain course described (12);thence South 06°l6’13”East,199.44 feet
to the beginning of a tangent curve concave Northeasterly having a radius of
600 feet;thence Southeasterly along said curve through a central angle of
43°26’49”an arc length of 454.98 feet,to a point that bears North 36°Ol’l8”
East,110.10 feet,from a found 2 inch Iron Pipe and Tag marked “F.P.No.19”
set at the Northwesterly terminus of that certain course described (16)as
“S 7l°04’56”E,234.12 feet”in said PARCEL 68969—1,last mentioned found
2 inch Iron Pipe bears North 7100613911 West,234.18 feet,from a found 2
Inch Iron Pipe and Tag marked “F.P.No.18”set at the Southeasterly terminus
of said certain course described.(16);thence South 49°42’52”East,880.83 feet,
to the beginning of a tangent curve concave Northeasterly having a radius of
200 feet;thence Southeasterly along said curve through a central angle of
34°03’40”an arc length of 118.89 feet;thence South 83°46’32”East,211.56 feet,
to the beginning of a tangent curve concave Southwesterly having a radius
of 200 feet;thence Southeasterly along said curve through a central angle of
14°50’47”an arc length of 51.82 feet;thence South 68°55’45”East,210.00 feet,
to a Point that bears North 76°46’24”East,204.80 feet,froma found 2 inch
Iron Pipe and Tag marked “F.P.No.13”set at the Southwesterly terminus of
that certain course described (22)as “N 8l°31’02”E,521.28 feet”in said
PARCEL 68969—1,last mentioned found 2 inch Iron Pipe bears South 8103012611
West,521.31 feet,from a found 2 inch Iron Pipe and Tag marked “F.P.No.12”
set at the Northeasterly terminus of said certain course described (22),
last mentioned Point also being the beginning of a tangent curve concave
Northeasterly having a radius of 200 feet;thence Easterly along said curve
through a central angle of 33°46’39”an arc length of 117.91 feet;thence
North 77°17’36”East,224.32 feet;thence North 63°54’3l”East,478.71 feet,
to the beginning of a tangent curve concave Southeasterly having a radius of
1600 feet;thence Northeasterly along said curve through a central angle of
19°44’41”an arc length of 551.38 feet;thence North 83°39’l2”East,1675.53
feet;thence North 77°49’02”East,485.58 feet,to a Point that bears North
73°73’36”West,183.19 feet,from a found 2 inch Iron Pipe and Tag marked
“R.C.E.7872”set at the Northeasterly terminus of that certain course
described as “S.54°23’44”W.268.58 feet”in that certain Grant Deed recorded
October 16,1968 as Instrument ~c.11297 in Book 8754,page 111 of said
Official Records,said last mentioned found 2 inch Iron Pipe bears North
54°18’51”East,268.06feet,from a found 2 inch Iron Pipe and Tag marked
“R.C.E.7872”set at.Southwesterly terminus of last mentioned certain course,
last mentioned Point also being the beginning of a tangent curve concave
Northwesterly having a radius of 1000 feet;thence Northeasterly along said
curve through a central angle of 07°22’20”an arc length of 128.67 feet;thence
North 7O026~42~East,175.27 feet,to the beginning of a tangent curve concave
Southeasterly having a radius of 1000 feet;thence Northeasterly along said
curve through a central angle of 07°51’OB”an arc length of 137.04 feet;
thence North 78°l7’SO”East,231.37 feet,to a Point that bears North 1l0411311l
West,30.00 feet,from a found 2 inch Iron Pipe and Tag marked F.P.No.8”
set at the Northwesterly terminus of that certain course described as
“N.89°22’24”W.554.96 feet”in last mentioned certain Grant Deed;thence
North 87°1l’Sl”East,1592.99 feet;thence North 68°24’47”East,1339.99 feet;
thence South 88°02’OS”East,612.36 feet;thence North 65°17’Ol”East,
1308.83 feet,to the beginning of a tangent curve concave Southeasterly having
a radius of 1000 feet;thence Northeasterly .along said curve through a central
EXHIBIT “A—3 angle of 13°34’OU”an arc lenqth of 236.~2 feet;thence North 78°51 ‘09~East,
414.00 feet;thence South (,9”22’47”East,1260.87 feet;thence North 60°07’52”
East,464.03 fcet,to a Point that bears North 06°46’26”West,25.10 feet,
from a found 2 inch Iro,i Pipe set at the Southwesterly terminus of that certain
course described as “North 75°25’45”East 537.00 feet”in that certain Grant
Deed recorded February 28,1946 as Instrument No.9807 in L3ook 1383,page 365
of said Official Records,said last mentioned found 2 inch Iron Pipe bears
South 76°l0’03”West,537.36 feet,from a found 4 inch by 6 inch wooden post
set at the Northeasterly terminus of last mentioned certain course,last
mentioned Point also being the beginning of a tangent curve concave Southeasterly
having a radius of 1000 feet;thence Northeasterly along said curve through a
central angle of 34°03’20”an arc length of 594.38 feet;thence South 85°48’48”
East;841.55 feet;thence South 66°58’22”East,1202.31 feet,to the beginning
of a tangent curve concave Northerly having a radius of 1993.05 feet;thence
Easterly along said curve through a central angle of 15°02’04”an arc length
of 522.98 feet,to the beginning of a reverse curve concave Southerly having
a radius of 1200 feet;thence Easterly along said curve through a central angle
of 05°41’35”an arc length of 119.23 feet,thence South 76°18’51”East,362.99
feet,to the beginning of a tangent curve concave Northerly having a radius of
1200 feet;thence Easterly along said curve through a central angle of 08°36’12”
an arc length of 180.19 feet;thence non—tangent,South 85°25’OY’East,55.01
feet;thence South 85°29’29”East,192.96 feet;thence North 66°37’23”East,
297.44 feet,more or less,to a point in the boundary line between San
Bernardino County and Orange County said point being South 37°05’42”East,
1692.44 feet,measured along last mentioned boundary line from a found 2 inch
Iron Pipe and Cap marked “Orange County Triangulation Station Scully Hill”
said point also being North 37°05’42’West,1358.46 feet,more or less,
measured along last mentioned boundary line from a found Standard Orange
County Surveyor’s Brass Cap set at the corner common to San Bernardino,Orange
and Riverside Counties.
EXCEPTING THEREFROM that portion thereof lying Northwesterly of the
Southeasterly line of that certain parcel of land described in the deed to
Orange County Flood Control District recorded April 8,1969 as Instrument No.
5438 in Book 8921,page 238 of said Official Records.
PARCEL NO.2-14-4-C
Containing 3.20 acres,more or less.
EXHIBIT “B—i”
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•-PROPOSCO 30 ~Iw
•~_‘‘~~•—‘r——~
___________SURVEYED
TEMPCRARY REFERENcED LIP4E
CG~STRLC~N
£ASEUENT ~
LEGEND
~LANOS OF SANTA ArIA VALI.CY
IRRIGATION COUPAWI~A CORP.
LANOS CESCRIBED IN £XHI8IT 4
PARCEL NO.2-14-4C •32OACRES
c::i LANOS DESCRIDED IN LuIIBIT 0
PARCEL.NO.2~I4-4-O,V.6IACRCS Cast,I.....ISP CI tag
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EXHIBIT “B-2”-
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.77-111-2
was regularly passed and adopted at a regular meeting of said Board
on the 10th day of August ,1977 ,by the following vote,to wit:
AYES:Henry Wedaa CChairman),Don Smith,Thomas Riley,Donald
Fox,Vernon Evans,Donald Holt,Jr.,Bob Perry,Earl
Roget,Donald Roth,George Scott,Donald Winn and
Frances Wood
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.2 of Orange County,
California,this 10th day of August ,
1977
of Or ge:County,California
S -104