Easement Deed - Santa Ana Country Club - 2014-07-31q3�-
Recorded in Official Records, Orange County
RECORDING REQUESTED BY, AND Hugh Nguyen, Clerk- Recorder
WHEN RECORDED, MAIL TO: IIII III IIIIIIIIIIIIIIIIIIII IIIIIIII VIII VIII IIII NO FEE
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COSTA MESA SANITARY DISTRICT 2014000448463 9:36 am 11/04/14
628 W. 190' Street 65 406 E01 9
Costa Mesa, CA 92627 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
Exempt from Fee -- Public Agency
(Government Code Section 6103)
(Space above this line for Recorder's use only)
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EASEMENT DEED
Santa Ana Country Club Southeast Perimeter Utility Easement
APN 119 - 200 -11
This Easement Deed is made as of July, Wd -, 2014, by and between Santa Ana Country
Club, a non -profit corporation ( "Grantor ") Costa Mesa Sanitary District, a political
subdivision of the State of California ( "Grantee "). Grantor and Grantee are sometimes referred
to herein individually as a "Party" and together as the "Parties."
A. Grantor is the owner of certain real property in the City of Costa Mesa, known as
Assessor's parcel 119-200-11 more commonly known as 20382 Newport Boulevard, Santa Ana,
County of Orange, State of California, and which (generally speaking) operates as a private golf
course ( "Grantor's Property').
B. Grantee is a public entity providing, among other things, sanitary sewer services.
C. Grantee has constructed certain sewer utility improvements on Grantor's Property
and in particular the wet well, electrical panel and valve vault depicted on the accompanying
Exhibit A, but has never secured a recorded easement from Grantor for such uses on Grantor's
Property. In addition, Grantee now desires to improve the sewer utility by installing a backup
pumping unit inside a small building, which will require the relocation of a small portion of
Grantor's existing fencing as also depicted on the accompanying Exhibit A. Grantor is prepared
to grant an easement to Grantee to permit installation of the backup pumping unit and small
building, and to allow Grantee to relocate Grantee's fence to accommodate this improvement
work, and in connection with doing so the Parties desire to formalize Grantee's use of Grantor's
Property for the aforementioned sewer utility improvements (the "Utility Improvements ") by
creating an easement for such purposes within the portion of Grantor's Property identified for
that purpose (the "Easement Area") on the accompanying Exhibit A all as more particularly set
forth herein.
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NOW, THEREFORE, in consideration of the above recitals and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee
agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a perpetual, non - exclusive
easement (the "Easement') on, over, under, and across the Easement Area to install, construct,
reconstruct, remove and replace, inspect, maintain, operate, and improve the Utility Improvements.
The Easement is limited to use by Grantee and its employees, contractors, invitees, agents and
representatives (collectively, the "Grantee Parties "). The access, ingress and egress rights
conveyed under this Easement do not include access, ingress or egress for any other purpose.
2. Relocation of Grantor's Fence. As a material term hereof, Grantee is required to relocate,
at Grantee's expense, Grantor's existing fencing as depicted on Exhibit A. Such relocation shall
occur in a manner that is reasonably satisfactory to Grantor, taking into account the unique safety
functions that the fence in question serves.
3. Non - Exclusive Riehts. Grantee's use of the Easement Area shall be non - exclusive, and
Grantor retains the rights to use and to grant to others the non - exclusive right to use the
Easement Area for all lawful purposes, to the extent such uses, or any of them, do not
unreasonably interfere with the use by Grantee of the Easement for the purposes permitted
hereunder.
4. Condition of Utility Improvements. The Utility Improvements within the Easement Area
shall not exceed 12 feet in height measured from existing grade, and shall be maintained by
Grantee in a reasonable condition, consistent with their location adjacent to a private County
Club such that they do not create any reasonably avoidable, negative aesthetic or visual impacts
on Grantor's use of Grantor's Property. Grantee shall remove any graffiti on the Utility
Improvements within 72 hours of being requested to do so by Grantor. In the event Grantor
desires to improve the appearance of the Utility Improvements it shall be entitled to build
fencing, covers, housing, or to plant landscaping for such purposes at its expense, provided that
such efforts do not unreasonably interfere with Grantee's use of the Utility Improvements for
their designated sewer utility purposes. Grantee has inspected the Easement Area, and accepts
the same in their "AS -IS" condition, subject to all existing faults and hazards. including those
which occur by virtue of its location adjacent to a golf course driving range (such as damage
from errant golf balls). Grantee agrees to accept and bear all risks concerning its use of the
Easement Area and the condition thereof, and waives all claims against Grantor for any damage
to vehicles, property and/or persons sustained during use of the Easement Area by Grantee or
any of the Grantee Parties, and Grantee shall hold Grantor harmless from, and indemnify Grantor
against all such claims.
5. Compliance with Law. Grantee shall be responsible for complying with all laws,
ordinances, and regulations with respect to its use of the Easement.
6. Termination. The Easement shall terminate in the event that (a) another easement is
granted to Grantee replacing the Easement, or (b) the Easement Area is relocated as provided
herein.
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7. Relocation. Grantor shall have the right, after delivery of prior written notice to Grantee,
to relocate all or a portion of the Easement Area. Grantor shall be responsible to pay all costs
related to relocation that are incurred because of the relocation. Grantor's right to relocate all or
a portion of the Easement Area shall be conditioned upon the furnishing by Grantor to Grantee of
a good and sufficient grant of easement for a feasible relocation of the Easement Area, to be
determined solely by Grantor, which grant of easement shall be in a form substantially similar to
this Easement Deed, except for changes necessitated by the relocation. Grantor's right to relocate
the Easement Area may be exercised as many times as Grantor shall elect. In the event of any
such relocation, Grantee shall cooperate in executing any amendments to this Easement Deed or
quitclaims as are reasonably necessary to reflect such relocation and the termination of the
portions of the Easement Area that have been superseded by the relocation.
8. Damage and Repairs. If Grantee (or any of the Grantee Parties) damages any of Grantor's
Property during their activities under this Easement Deed, Grantee shall, at its sole cost and
expense, promptly repair and restore the same to the condition that existed prior to the damage;
provided, however, that prior to any such repair, Grantee shall review its planned repair with
Grantor to confirm that such repair will be done to the reasonable specifications of Grantor.
9. Failure to Perform. If Grantee fails to fulfill its responsibilities hereunder, Grantor may
provide Grantee with written notice of such failure describing the deficiencies in reasonable
detail (the "Deficiency Notice "). If such deficiency is not corrected within ten (10) business
days of Grantee's receipt of the Deficiency Notice, Grantor shall have the right, but not the
obligation, to cure the deficiency; provided, however, that if the deficiency is of a type that
cannot reasonably be cured within ten (10) business days, it will be deemed cured if Grantee
commences to cure the deficiency within such period and proceeds diligently thereafter to
complete the cure of such deficiency. If Grantee fails to cure such deficiency and Grantor elects
to cure the deficiency, it shall be performed by Grantor. Grantee shall reimburse Grantor for
Grantor's costs incurred in curing the deficiency within thirty (30) days of Grantee's receipt of
Grantor's invoice for such costs, which invoice shall be accompanied by copies of receipts
evidencing the actual cost of cure incurred by Grantor. Such amount shall bear interest at the
rate of ten percent (10 %) per annum or the maximum legal rate, whichever is less, from the end
of such 30 -day period until fully paid.
10. Liens. Grantee shall not suffer or permit to be enforced against the Easement Area any
mechanics', laborers', materialmens', contractors', subcontractors', or any other liens, claims, or
demands arising from any use of the Easement Area, or for other work performed by Grantee or
any other Grantee Party within the Easement Area, but Grantee shall pay or cause to be paid all
of said liens, claims, and demands before any action is brought to enforce the same against the
Easement Area or any other portion of Grantor's Property. Grantee agrees that the indemnity
obligations set forth in Section 11 below apply to any liens, claims, or demands described in this
Section.
11. Indemnification. Grantee shall indemnify, defend, and hold Grantor and any other person
or entity controlling, controlled by or under common control with Grantor, and each of their
respective owners, shareholders, partners, members, divisions, officers, directors, employees,
representatives, agents, successors and assigns (collectively, the "Indemnitees ") harmless from
and against any and all claims, obligations, damages, liabilities, costs, and expenses (including
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but not limited to attorneys' fees), whether made against or incurred by Grantor or any other
Indemnitee (collectively, the "Claims ") for property damage or bodily injury or death of any
person or persons arising from (a) the use of the Easement Area by Grantee and any other
Grantee Parry, including without limitation any repair or other activities described herein, and/or
(b) breach of any of the terms of this Easement Deed by Grantee; provided, however, that the
obligation to indemnify shall not apply to the extent any Claim is determined by a court of
competent jurisdiction to have been caused by the gross negligence or willful misconduct of any
Indemnitee. Payment of any Claim shall not be a condition precedent to enforcement of the
indemnity obligations contained herein. Grantee's obligations under this section shall survive
until lapse of the applicable statutory period for limitation of actions.
12. Notices. All Notices required or permitted under this Easement Deed shall be in writing,
addressed as follows:
If to Grantor: Santa Ana Country Club
20382 Newport Boulevard
Santa Ana, CA 92627
Attn: General Manager
If to Grantee: Costa Mesa Sanitary District
628 W. 19th Street
Costa Mesa, CA 92627
Attn: General Manager
Any such notice shall be deemed effective on the date of delivery, if hand- delivered or sent by
reputable overnight courier service (such as Federal Express), or on the third business day after
mailing in the United States mail, postage prepaid, if sent by mail.
13. Run With the Land. This Easement Deed and the terms, conditions and covenants
contained herein shall be perpetual in nature and shall run with Grantor's Property and the
Easement Area, and shall be binding upon and inure to the benefit of Grantor and Grantee and
each of their respective successors and assigns, whether the interest held by such parry is in fee
or otherwise.
14. Incorporation of Exhibits. Exhibit A, which is attached hereto, is hereby incorporated
herein by this reference.
15. Miscellaneous Provisions.
a. Amendment. This Easement Deed may be modified or amended in writing only
by an agreement signed by both Parties.
b. Waivers. Any waiver of the provisions of this Easement Deed shall be in writing
and signed by the authorized signatories of the Parry to be charged.
C. Applicable Law. This Easement Deed shall be construed and enforced in
accordance with the laws of the State of California.
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d. Attorneys' Fees. In the event of any legal action arising out of the terms or
conditions of this Easement Deed, the prevailing party in such action shall be entitled to recover
its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and
costs.
C. Authority. The persons executing this Easement Deed on behalf of each Parry
warrant that they are duly authorized to execute this Easement Deed on behalf of the Parry for
whom they sign and by so executing this Easement Deed, the Parties hereto are formally bound
to the provisions hereof.
f Successors and Assigns. The terms, covenants, and conditions contained herein
shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto.
g. Counterparts. This Easement Deed may be executed in counterparts, each of
which shall be deemed an original, and all of which together shall constitute one and the same
binding agreement.
h. Entire Agreement. This Easement Deed satisfies all obligations of Grantor to
provide easement rights to Grantee for the purposes of utilizing the Utility Improvements shown
on Exhibit A, and constitutes the entire understanding and agreement of the Parties with respect
to the subject matter hereof, and supersedes all negotiations, rights or previous agreements
between the Parties with respect to the subject matter hereof.
IN WITNESS WHEREOF, the Parties hereto have executed this Easement Deed as of the
date first written above.
"Grantor"
SANTA ANA COUNTRY CLUB,
a Califomia n- ofit poration.
By:
Name: X1 A) Ct A)ar
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"Grantee"
COSTA MESA SANITARY DISTRICT,
a political subdivision of the State of
California
By:
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Name:
Title:
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On SO 11 3 ';.6 1 Lj , before me, LyNri t sP-e. I Ar'i n , Notary Public,
personally appeared AA.Aq l 'N e 14Q r.1 who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Wit ss my hand and offs ial seal.
� [Seal]
(Si e)
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
6MVLYNN ESPELAND
Commission • 2032993 =
Notary Public - CatNornis fZ
Orange County
Comm. Wins Jul 11 2017+
On YL) 3 a.0 q , before me, t! . I rj rt ZS ao -e L A rJ 4 Notary Public,
personally hppear6d Sb 6 cm � So o W & I tj e who ved to me on the basis of
satisfactory evidence to b— on(s) wfrose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witne4s my hand and official s
l�� 1Ati [Seal] LYNN ESPELAND
(Si e) Commission ♦ 2032993
Notary Public - CW wMs
Orange County
M Comm. E JW 11 2017 +
JRC\ 30209 -0430\ 478671.3 527/2014 - 6 -
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On , before me, , Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
[Seal]
(Signature)
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On , before me, Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
(Signature)
[Seal]
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EXHIBIT "A"
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PREPARED BY.•
ROBIN B. HAMERS
234 E. 17th. ST., SUITE 205
COSTA MESA, CA 92627
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REVISED 071311201