1962-0820RESOLUTION NO. 62R- 820
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 62R -534.
WHEREAS, heretofore on the 29th day of May, 1962,
the City Council of the City of Anaheim did pass and adopt
its Resolution No. 62R -534, finding and determining that the
public interest and necessity require the acquisition, con-
struction and completion of a public utility extension and
public improvement consisting of water mains, laterals,
service connections and works in certain portions of the City
of Anaheim and in portions of unincorporated territory con-
tiguous to and immediately adjacent to the City of Anaheim,
and finding and determining that said public interest and
necessity require the taking and acquisition by the City of
Anaheim for said public utility extension and public improve-
ment and use of the domestic water transmission and distri-
bution system of the Dyke Water Company located within certain
portions of the City of Anaheim and certain portions of unin-
corporated territory immediately adjacent to the City of
Anaheim, and describing the parcels of real property and
facilities of said Dyke Water Company so proposed to be
acquired by the City of Anaheim; and
WHEREAS, the City Council did elect to submit the
matter of determination of just compensation of the property
and facilities described in said resolution to the Public
Utilities Commission of the State of California, and the City
Attorney of the City of Anaheim was thereby directed to file
a petition of the first class with the Public Utilities
Commission of the State of California setting forth its
intention to acquire under eminent domain proceedings or
otherwise the lands and properties and rights therein described
and set forth for the purpose of having said Public Utilities
Commission find and determine the just compensation to be paid
for such property; and
WHEREAS, a copy of said Resolution No. 62R -534 was
attached to said petition as Exhibit "A and
WHEREAS, the City Council does find and determine
that Parcel 9 described in said Resolution No. 62R -534 should
be deleted and certain other parcels of real property more
particularly hereinafter described should be acquired for the
purposes set forth in said resolution and that the petition
heretofore filed with the Public Utilities Commission should
be amended to include said additional parcels of property and
facilities and for the deletion of said Parcel 9 above mentioned.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Resolution No. 62R -534 be and the same
is hereby amended by deleting therefrom Parcel 9 therein
described and by adding thereto the following parcels of real
property to be numbered from 28 to 3 both inclusive:
PARCEL 28
Those portions of the north half of the northwest quarter of the
northeast quarter of the southwest quarter of Section 23, Township
4 South, Range 11 West, in the city of Stanton, county of Orange,
state of California described as follows:
Parcel 28 -A: The east 10 feet of the west 25 feet of the south
10 feet.
Parcel 28 -B: An easement for ingress, egress, and water line pur-
poses over the west 15 feet.
SUBJECT TO:
1. The reservation for roads, railroads and ditches of a strip
of land 15 feet wide, along, adjoining and each side of the quar-
ter sections lines, and the reservation of the use and control of
cienegas and natural streams of water, if any, naturally upon,
flowing across, into or by Said tract, and the right of way and
to construct irrigation or drainage ditches through said tract to
irrigate or drain the adjacent land, as reserved by Stearns Ranch-
os Company.
2 The right of the County of Orange in and to the North 30 feet
of said land for highway purposes, as conveyed by deed recorded
December 12, 1928 in book 219 page 497, Official Records.
3. An easement for existing pipe lines and an easement for irri-
gation purposes over the South 10 feet of the North 40 feet of said
land as reserved in the deed from Cecil C. Belden and wife, to Ber-
nard T. Casserly and wife, (ated July 18, 1951 and recorded July 31
1951 as Instrument No. 39015 in book 2210 page 554, Official Records.
L1 An easement for pole lines and incidental purposes, over a strip
of land, 6 feet in width, lying within a portion of the north one
half of the northwest one; -e rarter of the northeast one quarter of
the southeast one quarter of Section 23, Township 11 West, San Ber-
nardino meridian; the southerly line of said strip being described
as follows:
Beginning at a point in the easterly line of Lowden Street, as now
established, distant southerly 200 feet from the southerly line of
Cerritos Avenue, as now established; thence easterly parallel with
said southerly line of Cerritos Avenue, a distance of 100 feet,
as granted to Southern California. Edison. Company, a corporation, by
deed recorded November 28, 195b in book 3726 page 233, Official
Lecords.
5. An unrecorded agreement dated May 24, 1958 by and between Ber-
nard J. Casserly and Virginia A. Casserly and Dyke Water Company,
the terms and provisions of which agreement are as follows:
"To
"Bernard J. Casserly, and
"Virginia A. Casserly
EXHIBIT "A"
"In consideration of your deeding to us, free and clear, a
well site, approximately 10 feet by 10 feet, with an easement to
maintain the same, and an easement for ingress and egress into
said property; the property being the N1/2 of the NW1 /4 of the
NE1 /4 of the SW1 /4 of Section 23, Township 4 South, Range 11
West, County of Orange, State of California;
"The undersigned hereby agrees to furnish domestic water to
your two existing houses located on the above mentioned property,''
at no cost to yourselves or your heirs.
"If your property is sold or transferred, the agreement to
supply water free to any part of said property is of no force or
effect.
"Dated this 24th day of May, 1958.
Dyke Water Company,
"The above is acceptable to us
s /T3ernard J. Casserly
Bernard J. Casserly"
s /Virginia A. Gasserl_y
Virginia A. Casserly"
By s /A. Lansdale
Secretary"
LL
7'
‘c.
\I"
a
PARCEL 2.9
That certain portion of Lots 6 and 7 of the Orangewood Tract, as shown
on a map recorded in book 7 page 1 +2 of x-:iscellcneous Maps, in the office
of the recorder, county of Orange, state of California described as
follows:
Beginning at the northeast corner of said above mentioned Lot 7, said
northeast corner being on the centerline of Simmons Avenue and distant
from the northwest corner of the southwest quarter of the southwest
quarter of Section 26, Township 4 South, Range 10 West, San Bernardino
meridian, said northwest corner being also the intersection of the center
lines of Haster Street and Simmons Avenue South 88° 42' 05" East 1320.64
feet; thence along the northerly line of said lot 7, North 88 42' O5"
West 2.54 feet; thence leaving said northerly line of Lot 7, South 01
17' 55" West 85.00 feet; thence South`88° 42' 05" East 29.61 feet to a
point in _Lot 6 of said Orangewood Tract; thence North 01° 17' 55" East
85.00 feet to a point in the northerly line of said Lot 6, said point
also being in the centerline of Simmons Avenue; thence North 88 42' 05"
West 27.07 feet to the point of beginning.
EXCEPT from that portion -of said land included within. Lot 6 all oil, gas,
minerals and hydrocarbon sup tan.ces lying below a depth of 500 feet from
the surface of said land, but without the right of entry upon any portion
of the surface of said land for the purpose of exploring for, boring,
extracting, drilling, mining, prospecting for, removing, or marketing
said substances.
ALSO EXCEPT from that portion of said land included within Lot 7 all oil,
gas, minerals and hydrocarbon substances lying below a depth of 500 feet
from the surface of said land, but without the right of entry upon any
portion of the surface of said land for the purpose of exploring for,
boring, extracting, drilling, mining, prospecting for, removing, or mar
keting said substances, as reserved in the deed from Julius Milbrat, Sr.
and wife, recorded February 18, 1955 in book 2965 page 439, Official
Records.
SUBJECT TO:
An easement for pipe lines or water conduits of Orangewood Water
Company as conveyed by coed recorded February 3, 1930 in book 348
page 15 of Official Records.
vAc
32-0 Cp
1/4
'CO; V P..
b
PNW,KLN.
PA'RCF,L 70
All that certain land situated in the Garden Grove Sanitary District,
county of Orange, state of California, described as follows, to -wit:
The South 60 feet of the West 25 feet of that portion of Lot 7 of the
Orangewood Tract, as shown on a Hap recorded in Book 7 page 42 of Mis-
cellaneous Maps, records of Orange County, California, described as
follows:
Beginning at a point on the center line of Simmons Street as, shown on
said map, distant thereon Easterly 976.00 feet from the center line of
Haster and Simmons Streets; thence Southerly parallel to said Haster
Street 240 feet; thence Easterly, parallel to said Simmons Street 100.-
00 feet, thence Northerly, parallel to said Haster Street, 240.00 feet
to the center line of said Simmons Street; thence Westerly along said
center line 100.00 feet to the point of beginning.
SUBJECT ,T
���,l�c� ro:
1. The reservation of the use and control of cienegas and natural
streams of water, if any, naturally upon, flowing across, into or
by said tract, and the right of way for and to construct irrigation
or drainage ditches through said tract to irrigate or drain the
adjacent land, as reserved in the deed from Stearns 2ancho, recorded
h
February 27, 1896 in book page 338 of Deed of Orange County.
2. An easement for pipe line disclosed by various needs of record
and described as running; south on or between Lots 7 and 8 of the
Orangewood Tract above described from the Orangewood Water Company's
pumping plant. located at the northeast corner of said Lot 8, among
the deeds of records are those recorded June 1, 1955 in book 3087
page 258, Official Records.
3. An easement over the west 6 feet of said land for an electric
line, crossarms and wire and incidental purposes, as conveyed to
Southern California Edison Company by deed recorded April 20, 1955
in book 3037 page 122 Official Records.
4. The condition contained :_n the deed from Julius =brat, Sr.,
and Olga Milbrat, husband and wife, and Louise S. Milbrat, a single
woman, to Dyke Water Company, a corporation, recorded June 22, 1955
in book 3112 page 275, Official Records, as follows:
"This deed is executed upon the express condition that the property
herein conveyed shall be used exclusively for a water well or water
wells, and in the event the Grantee, or its successors, shall fail
to keep and maintain one or more water wells on said property for
more than six (6) months continuously, the said property herein con-
veyed shall revert to the Grantor, their heirs and assigns.
N i
V
PARCEL �1
That portion of the northwest quarter of the southeast quarter of,
Section 18, Township 4 South, Range 10 West, San Bernardino Base
and Meridian, in the county of Orange, state of California, described
as follows:
The southerly 102.00 feet of the northerly 430.00 feet of the easterly
40.00 feet of the westerly 750.00 feet of said northwest quarter.
5
C R W4 GE.
PARCEL '12
All right, title and interest of Dyke Water Company in and to, under,
or arising out of that certain "Agreement" by and between Robert D.
Crowe, Helen M. Crowe, Francis R. Hall and Ruth B. Hall, therein re-
ferred to as "First Party" and Dyke Water Company, therein referred
to as "Second Party which Agreement was recorded March 3, 1859 in
book 4612 page 19, Official Records, and which provides as follows:
"Whereas, the First Party is the owner of the following described
property and well thereon, which has been used for irrigation purposes
and the furnishing of domestic water to First Party:
(Description of Well site) Exhibit A Part 1
The South 10 feet of the North 273 feet of the West 15 feet of the East
138 feet of the North half of the West half of the Northeast quarter of
the Northwest quarter of Sec. 28, Twp. 4 So. Rge 10 W. S.B.B. M Coun-
ty of Orange, state of California.
"Whereas, the First Party has reduced the use of the water supply
through the sale of lands heretofore irrigated by said well, and,
"Whereas, there now has been levied a certain pumping tax together
with installation of water meter to measure the usage of said water, and
the cost to operate and maintain said well would be prohibitive for the
amount of water needed to supply First Party, and,
"Whereas, Second Party could use said well for the furnishing of
water in connection with the operation of other wells in the vicinity,
"Now Therefore, in consideration of these premises and the agree-
ments contained herein, it is mutually agreed by and between the parties
hereto as follows:
"1. First Party hereby agrees to lease to Second Party the above
described well site with the well thereon, and all underground waters
lying beneath said land, in return for the furnishing of water, without
cost, to First Party at the following addresses:
"2. 1570 Katella Exhibit A Part 2
"3. 1562 Katella Exhibit A Part 3
"4. 1556 Katella Exhibit A Part 4
"Said water to be furnished to First Party, without charge, so long
as said property (2) and (3) as shown on the map attached hereto, is
owned by the now owners, whose addresses are listed above. As to part
(4) as shown on the map attached hereto, this agreement is to run with
the land, and no charge for water is to be made any new owners, so long
as said well is in operation by Second Party. Should Part 2 or Part 3,
as shown on the map attached hereto, be sold or transferred, Second Par-
ty will then charge its rates for water to the new owners as charged to
other users served by it in the same vicinity.
"Second Party also agrees to supply water to the now existing fire
control system in use adjacent to said property, without charge, said
system being used only in the emergency of fire or other emergency.
"First Party will assign an ingress and egress easement for the
purpose of installing and maintaining an 8" transite water main, as
shown on Exhibit A Part 5,; and said party of the First Part hereby
agrees to allow party of the Second Part to use the existing roadway
and easement shown on Exhibit A Part 6, by approval of Robert D.
Crowl, for the purpose of ingress and egress to the well and well site
for the maintenance thereof. When the existing roadway and easement,
Exhibit A Part 6 is no longer available, Second Party will use the
ingress and egress to the well site through its'easement furnished by
Tietz Construction Co., being the south 12' of Lot 37, Tract No. 3240.
"Second Party hereby agrees to operate and maintain said well and
said well site so long as the water supply in said well shall be suffi-
cient to supply First Party, but should said well cave in or become in-
operative through no fault of Second Party, First Party will be charged
for water by Second Party, under its water rates then charged other
water users in the same vicinity. Second Party to remove its equipment
and pump, and cap said well and otherwise clean up the well site under
health and safety regulations; quitclaiming all easements conveyed to
Second Party to the then owners of the property.
"Second Party hereby agrees to remove the existing pump and appurt-
enances and to install and maintain a submersible pump and connections
at its own cost and expense. Said pump and equipment now on the property
to remain the ownership of First Party.
"Second Party agrees to pay all taxes assessments, pump taxes,
energy and power as needed for the operation of said well and pumping
plant; and First Party to pay the real property taxes assessed against
the well site."
AVE.
49
CRP.CT
+I
38 37 m
324 0
39
WELL \\A°- `70
PAPS .�L
1
--ct
_J. 1�P.SED
PROPF_WTY
1
F'ARCEt... 1
wt
v
t3Z' 2s' Zs'
1
W
(o3Ca
PARCEL 13
oR Apt GE AVZ_
Goof
De
53
52.
51
CAS- NW kS`iC)<:›
The following described real property in the state of California, county
of Orange,
The Southerly 15 acres of the Easterly 18.35 acres of the Northwest
Quarter of the Southwest Quarter of Section 18, Township 4 South, Range
10 West, S. B. B. M. more particularly described as follows: Beginning
at a point 350.00 feet Easterly of the Westerly line of the Easterly 18.-
35 acres of the Northwesterly one- quarter of the Southwesterly one -quar-
ter of Section 18, Township 4 South, Range 10 West, S. B. B. M, and
379.00 feet Southerly of the Northerly line of the Southerly 15 acres of
said Easterly 18.35 acres; thence Southerly along a line parallel to the
said Westerly line of Easterly 18.35 acres, 20.00 feet; thence Easterly
along a line parallel to the Northerly line of said Southerly 15 acres,
10.00 feet; thence Northerly along a line parallel to said Westerly lire,
20.00 feet; thence along a line parallel to said Northerly line of South
15.00 acres, 10.00 feet to the point of beginning.
PNRCEL N° 33
41
50
PARCEL 14
All right, title and interest of Dyke Water Company in and to, or aris-
ing out of that certain "Agreement" dated July 16, 1959, by and between
Joseph J. Gordon and Ruby I. Gordon, as owners of Lot 1, Tract No. 2705,
as per map recorded in book 76, pages 1 and 2 of Miscellaneous Maps,
records of Orange County, California, therein referred to as "First Party"
and Dyke Water Company, there in referred to as "Second Party which
Agreement was recorded in book 4809 page 14, Official Records of said
county, and which provides as follows:
"It is understood that the Party of the First Part will allow the
Party of the Second Part to use for the purpose of supplying domestic
drinking water, a well casing located approximately 9' south of the north
property line and 8' west of the east property line as indicated in the
attached sketch.
"For this consideration the Party of the Second Part will give to the
Party of the First Part $250.00 and if at any time the Party of the Sec-
ond Part is forced to encroach into the afore- mentioned casing for one
hour or more, it will forfeit to the Party of the First Part $50.00 for
the nuisance value of said encroachment.
"This agreement is binding as long as First Party is owner of the
property and does not constitute an easement.
"It is also alleged that the Party of the First Part has agreed to
allow the Party of the Second Part to install and maintain a 6" pipe to
its main approximately 8' east of said casing."
:.%•1,4,
PARCEL 15
That certain real'property in the county of Orange, state of California,
more particularly described as follows:
Parcel 35 -A: An undivided 37 /81th's interest in that portion of the
north half of the southwest quarter of Section 19, in Township 4 South,
Range 10 West, in the Rancho Los Coyotes, county of Orange, state of
California, as shown on a map thereof. recorded in Book 51, page 10, Mis-
cellaneous Maps, records of said Orange County described as follows:
Commencing at the northwest corner of said southwest quarter and running
thence north 89 11' 50" east, along the north line of said southwest
quarter, 1297.45 feet; thence south 0 20' 10" east, 656.84 feet; thence
north 89° 39' 50" east, 139 feet to the true point of beginning of the
land herein described; running thence north O 20' 10" west, 15 feet;
thence north 89° 39' 50" east, 62 feet; thence south 0 20' 10" east, 15
feet; thence south 89° 39' 50" west, 62 feet to the true point of begin-
ning.
Parcel 35 -B: An easement for ingress and egress over a 10 foot strip of
land in the north half of the southwest quarter of Section 19, in Town-
ship 4 South Range 10,West, in the Rancho Los Coyotes, County of Orange,
State of California, as shown on a map thereof recorded in Book 51, page
10 Miscellaneous Maps, records•of said Orange County, the center line of
which is described as follows:
Beginning at a point in the north line of said southwest quarter, distant
thereon north 89° 11' 50" east, 1297.45 feet from the northwest corner of
said southwest quarter, and running thence south 0 20' 10" east 681.84
feet; thence north 89 39' 50" east, 144 feet; thence north 0° 2b' 10"
west, 25 feet.
SUBJECT TO:
The provisions of an agreement recorded in book 3187 page 311, Offi-
cial Records of said county.
CERQITOS
1297.4S'
\\V- MS
PARCEL U' 35
`M ACT
39.00'
131
A,
132
140
133
134
139
135
138
137
PARCEL 16
All right, title and interest of Dyke Water Company in and to, under, or
arising out of that certain "Agreement" dated March 6, 1959 recorded
March 12, 1959, in book 4624 page 364 Official Records of Orange County,
California, by and between Everett Jiles and Kathryn Jiles, therein
referred to as "First Party and Dyke Water Company, therein referred to
as "Second Party which provides as follows:
Whereas, the First Party is the owner of the following described pro-
perty and well thereon, which has been used for irrigation purposes and
the furnishing of domestic water to First Party:
(Description of Well Site)
Beginning at a point 48.00 feet South 85 25' West of a point in the East
line of the East half of the Northeast quarter of the Southeast quarter o:
Section 27, Township 4 South, Range 10 West S.B.B. M. said point in th+
East line being 172.60 feet North 1 19' 05" West from the Southeast cor-
ner of the East half of the Northeast quarter of the Southeast quarter of
Section 27, and running from said point of beginning South 4° 35' East
26.50 feet; thence South 85 25' West 47.50 feet; thence North 4° 35' West
26.50 feet; thence North 85 25' East 47.50 feet to the point of begin-
ning.
Whereas, the First Party has reduced the use of the water supply
through the sale of lands heretofore irrigated by said well, and,
Whereas, there now has been levied a certain pumping tax together
with installation of water meter to measure the usage of said water, and
the cost to operate and maintain said well would be prohibitive for the
amount of water needed to supply First Party, and,
Whereas, Second Party could use said well for the furnishing of water
in connection with the operation of other wells in the vicinity,
Now Therefore, in consideration of these premises and the agreements
contained herein, it is mutually agreed by and between the parties hereto
as follows:
"First Party hereby agrees to lease to Second Party the above des-
cribed well site with the well thereon, and'all underground waters lying
beneath said land, in return for the furnishing of water, without cost,
to First Party at the following address:
11731 Haster Street
Anaheim, California
"Said water to be furnished to First Party, without charge, so long
as said property above described is owned by the now owners, whose address
is listed above. Should one or more portions of said land be sold or
transferred, Second Party will then charge its rates for water, as charged
to other users served by it in the same vicinity.
"Second Party hereby agrees to operate and maintain said well and said
well site so long as the water supply in said well shall be sufficient to
supply First Party, but should said well cave in or become inoperative,
through no fault of the Second Party, First Party will be charged for
water by Second Party under its water rates then charged other water
users in the same vicinity. Second Party to remove its equipment and
pump and cap said well and otherwise clean up the well site under health
and safety regulations.
"Second Party hereby agrees to remove the existing pump and appurt-
enances and to install and maintain a pressure pump and tank at its own
cost and expense. Said pump and equipment now on the property to remain
the ownership of First Party.
"Second Party agrees to pay all taxes, assessments, pump taxes, ener-
gy and power as needed for the operation of said well and pumping plant;
said First Party to pay the real property taxes assessed against the well
site."
ORANGEWOOD
kl ‘k.KEtJ WAY
G3
1965
6 1
TRACT
G4
VAF2C L 'SCo
\..tAStt PROPERIY
WELL N' 119
PARCEL
As/
PARCEL 17
Owner: Dyke Water Company, a corporation.
Description; Lot 15, Tract 2563, per Map thereof recorded in Book 78,
pages 18 and 19, Miscellaneous Maps, records of Orange County, California
r�
rs
J1
ISp►LL D.
18
30
31
W VAS 101
c 37
17
16
'4RAC'C
15 ts
Go'
5Z9.5's� V !30.01'
PARCEL. NsZT
69
'CRACT
66
13
71
OR
W
0
Q
PARCEL 19
Owner: Dyke Water Company, a corporation.
Description: North 15.feet of the South 375 feet of the East 15 feet of
the Southwest quarter of the Northwest quarter of Section 19, Township 4
South, Range 10 West, in the Rancho Los Coyotes, as said section in indi-
cated on a Map recorded in Book 51, page 10, Miscellaneous Maps, records
of Orange County, California.
IaARR1E_T
CURS VT OS
\4 125
PAaC.Z..L. W 35
122
123
124
121
120
Z.G53
118
117
96
116
95
BE IT FURTHER RESOLVED that the City Attorney be,
and he is hereby authorized and directed to file a petition
with the Public Utilities Commission of the State of
California for leave to amend the petition heretofore filed
by deleting from Exhibit "A" thereto attached Parcel 9 therein
described and by adding thereto the parcels hereinabove
described.
THE FOREGOING RESOLUTION is approved and signed by
me this llth day of September, 1962.
A TEST:
(SEAL)
CIT CLE OF T CITY OF A HEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution
was passed and adopted at a regular meeting of the City
Council held on the llth day of September, 1962, by the
following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein
and Coons.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the llth day
of September, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this llth day of
September, 1962.
CITY CLERK OF THE CITY OF ANAHEIM