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Deed - PSB REALTY CORP - 11/7/1986`RECORDING-REQUESTED BY • P.D,Q: ATTORNEY SERVICE Rebording Requested by COSTA MESA SANITARY DISTRICT When Recorded Mail to: . COSTA MESA SANITARY DISTRICT P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628 -1200 Mail Tax Statements to: CITY OF COSTA MESA P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628 -1200 86 :536495 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -312 p NOV — 7'86 Q COUNTY RECORDER Space Above This Line For Recorder's Use AP. No TCA Location (I1'' i 13/i ,emote EASEMENT DEED Deed No R/W No THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE. GOVERNMENTAL AGENCY EXEMPT COSTA MESA SANITARY DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PSB REALTY CORPORATION, a California corporation ( "Grantor ") 0 c ( "Grantee ") non - exclusive grant(s) and convey(s) to the COSTA MESA SANITARY DISTRICT A a perpetual easement and right of way for such purposes as are set forth in the Addendum herP1 -o .puffieses in, on, under, across and through all that real property situated in the COSTA MESA SANITARY DISTRICT, County of Orange, State of California, described as fel/ewx more particularly set forth in Exhibit "A" attached hereto and by this reference incorporated herein ( "Ease- ment Area "). See Addendum for additional terms hereof. Dated 7. 6 g< e g TE OF CALIFORNIA CO ` "M OF SS On before me, the under- signed, a Nota Public in and for said State, personally appeared ❑ personally known to me, or 0 proved to me on the basis of satisfactory evidence to be t : •erson(s) whose name(s) is(are) subscribed to the within in ument and acknowledged that executed the same. Witness my hand and officia eal. Signature PSB REALTY CORPORATION, a California corporation • • (Space above for official notarial seal) nal 1 -=St .n.. 1 /QA 867536495 ADDENDUM r THIS ADDENDUM is attached to that certain Easement Deed ( "Easement ") by and between PSB Realty Corporation, a California corporation ( "Grantor ") and Costa Mesa Sanitary District, a public entity ( "Grantee ") is dated as of the date set forth on the cover page of the Easement. The provisions, covenants, agreements and declarations made and set forth herein are intended to and shall have the same force and effect as if set forth at length in the body of the Easement. To the extent that the provisions of this Addendum are inconsistent with the terms and conditions of the Easements, the provisions hereof shall control. 1. The purposes of this grant of easement shall be for (1) collecting and transmitting sewage through certain sewer lines ( "Sewer Lines ") within the boundaries of the Easement Area, and (2) maintaining, operating, altering, repairing, replacing, reconstructing and inspecting from time to time the Sewer Lines. 2. Grantor reserves to itself the right to use the surface of the Easement Area for any purpose, including, without limitation, landscaping, paved parking and vehicular and pedestrian ingress and egress; provided, however, Grantor shall not construct any permanent buildings or structures on the Easement Area. This Grant of Easement is non - exclusive and Grantor reserves the right to grant to others easement rights in and to the Easement 'Area; provided, however, that such easement rights of others shall not substantially interfere with the easement rights granted herein. 3. Grantee, by acceptance and use of the easement granted herein, covenants and agrees, at its sole cost and expense to (1) operate, maintain, repair, replace and reconstruct the Sewer Lines as and when needed in order to cause the Sewer Lines to function in accordance with their intended purpose, (2) following the exercise of any of the rights granted herein or the performance of any of the obligations set forth herein, restore the surface of the Easement Area to a condition substantially similar to the condition existing immediately prior thereto, and (3) indemnify, hold harmless and defend Grantor and its successors -in- interest with respect to the ownership of the real property which is burdened by the easement granted hereby from and against any and all cost, expense, liability and damages arising from any acts (whether or not the same involve negligence) of Grantee or its agents, contractors, employees, and licensees in the exercise of the easement rights granted herein and /or in the performance of the obligations set forth herein. 0152U/P6316 -001 jb:05 /22/86/Rev. 1 • 2, 66 :536495 4. This Grant of Easement shall inure to and be binding upon the parties hereto and their respective successors, assigns, heirs and administrators. IN WITNESS WHEREOF, the undersigned has executed this ' Addendum this day and year first - written above. PSB REALTY CORPORATION, a California cor• oration By: - Its: Bv: • /_ - 3, 86°536495 STATE OF CALIFORNIA ) ) ss. COUNTY OF On this F � day of , in the year /K, before me, a Notar Publ , and for said-State, personally appeared90 .�� ._ A . ill personally known to me (o owed to me onfj a •asi. of satisfactory evidence) to be the and , personally known. to me (or proved to me o the basis of satisfactory evidence) to be the of PSB Realty Corporation, the corporation that ex u` ed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public OFFICIAL SEAL MARSHA 1. WHALEN NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Jan. 5, 1990 86 ®536495 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the COSTA MESA SANITARY DISTRICT, a public entity, hereby accepts the easement rights conveyed by the within document and consents to the recordation thereof. COSTA MESA SANITARY DISTRICT hereby agrees to be bound by all the covenants set forth in the within document. Dated: eTO,it 9 ,/9 6 COSTA MESA SANITARY DISTRICT, . a public entity (IL President By• STATE OF CALIFORNIA ) ) ss. COUNTY OF ) s: Secr ary On this 9th day of October , in the year 1986 , before me, a Notary Public in and for said State, personally appeared James A. Wahner , and Robert Hanson , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as president and Secretary of Costa Mesa Sanitary District, and acknowledged to me that Costa Mesa Sanitary District executed the same. WITNESS my hand and official seal. OFFICIAL` SEAL FLORINE I. REICHLE NOTANY YUiJLIC UALIFuM■IA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires April 15, 1988 No ary Public 8E536495 LENDER'S CONSENT *formerly Rainier Financial Services Co. THE UNDERSIGNED, RAINIER MORTGAGE COMPANY .a Washington corporation, beneficiary under that certain Deed of Trust, recorded on August 19, 1986, as Instrument No. 86- 368673, Official Records of Orange County, California hereby consents to the within instrument, and hereby subordinates the lien of said Deed of Trust to the provisions contained herein. RAINI MORTGAGE COMPANY, a Washington corporatio (fo merlyi Rainier na Se. ice Co.) By: By: Its: STATE OF WASHINGTON ) ) ss. COUNTY OF (n ) On this 5" day of /IJ 1 1, in the year Wee', before me, a Notary Public in and for said State, personally appeared j)bufit.O. rS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the ihce Prlsidi,,./- and - , personally known to me (or proved to me on the basis of satisfactory evidence) to be the of Rainier Mortgage Company, *the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. *formerly Rainier Financial Services Company Notary etilyou Pu{ c LV►� Girt' / (Slim 600 el CP (q/P, 1 2 8 4 5. 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 80 81 32 86536495 2PACO207 -02 LEGAL DESCRIPTION PUBLIC UTILITY SEWER EASEMENT'TO THE COSTA MESA SANITARY DISTRICT. IN THE CITY OF COSTA MESA, COUNTY'OF ORANGE, STATE OF CALIFORNIA, BEING THOSE PO PIONS OF PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. RECORDED 7/D C)6 AS . DOCUMENT NO. 86-•32Z35.0 • OFFICIAL RECORDS OF SAID COUNTY,'DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH THE CENTERLINE OF SAID STRIP • DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 89'16' 50" WEST, 314.00 FEET ON RAID LOT LINE ADJUSTMENT; THENCE SOUTH 00'21' 40" WEST, 4.39. FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 "16' 50" EAST, 166.72 FEET. THE SIDELINES OF SAID STRIP TO COMMENCE AT THE WESTERLY LINE OF PARCEL 1 OF SAID. LOT LINE ADJUSTMENT HAVING A COURSE OF NORTH 0'21' 40" EAST, 90.00 FEET. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIQNS, RIGHTS OF WAY AND EASEMENTS, IF ANY OF RECORD. PREPARED UNDER MY SUPERVISION. DAVID DE GROOT, L.S. 3968 • n!: crict 0,44944 6- 30 -`$8 • .°i4 20112a OK WINN= IMO RAMO WAD SAINCIIII Od4xe e v � 0 66 :536495 EXHIBIT "A" Page 2 of 2 sSwEre E43EMEN r 0:4.490 10' I ., ft' /» w Aei sue' JTREET ?1/40217.0 •€'EV /SED: 5//86 PARCEL / 444. A/O crC. A40. 8L- mil• 50' r- I N49•34'20"U/ E4200' 7/.00 5.16' Ne 9•-sB'2w w 1 3 3.00' DP.L. h I 49/23 1 11 I 1 1 .1 II m0!• /0'o0•W /35.001'11 ( (itio ILLN NeV•w29"E, /723' N072 GE .t NE9'id'2b"W /54.73 ,4/0D- 8/'40'E� 1 NEW P. L . 7Q' ialeCEL Ala LLa. ct:C. NO. 86- SEWER EASEM6A/T 74 BE A5A/E• ■ r 14er, frariv ,c34.9g' I NDY /W0'E 5.58' Ne9•. ' trW, /8.44' Wslr.57W 656' $hh I •e.es•/l'so'w ' 11.3 14.00• 43'' 589 ° /6'Sb'E ,✓ oo•�i'41o'E /66.72' SEWER E4SEMEwrS 7t0 ,4'd3 'a'50 d: , 0 d /S. CLZSrA MES•4 SAN /r,4Rr Lacsrie/CT zzz zs OCT 1 y1986 AW LG i -N8