Deed - RED LION INN - 1/21/1988Recording 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
88- 030096
EXEPAPT
C18
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
4219, 21°88
a COUNTY
RECORDER
Space Above This Line For Recorder's Use
AP. No.
TTCA
Location
EASEIVIENT' DEBP
Deed No.
W-NT. — - -
_12.15jleitgrretair THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE.
CoVrA HA GOVERNMENTAL AGENCY EXEMPT COSTA MESA SANITARY DISTRICT
06
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
rED LION INN - COSTA MESA, a California joint venture consisting of Newport Beach
Capital Investors, Ltd., a California limited partnership, and RL-Acquisition
Company, a California Limited partnership (Grantors)
(Grantee)
grant(s) and convey(s) sto COSTA MESA SANITARY DISTRICT / a perpetual easement and right of way for
SANITARY purposes ins -on, under,
across and through all that real property situated in the COSTA MESA SANITARY DISTRICT, County of Orange,
State of California, described as follows:
That portion of Parcel 3 of Parcel Map No. 83 -382 in the City of Costa Mesa,
County of Orange, State of California, as shown on the map filed in Book 185,
Pages 19 through 21 of Parcels Maps in the office of the County Recorder of said
County included _within si-rir of larr9=. -l5-_ W 'c t a. Z:i'.lth the cc urn, l :a�:. ui
said strip being described as follows:
Commencing at the Southeast corner of said Parcel 3; thence North 890 49' 10"
West 12.50 feet along the Southerly line of said Parcel 3 to.the TRUE POINT OF
BEGINNING, said point being on a line parallel with and Westerly 12.50 feet from
the Easterly line of said Parcel 3; thence North 0 13' 20" East 481.19 feet
along said parallel line to the Northerly line of said Parcel 3.
The sidelines of said strip to be prolonged or shortened to terminate Southerly
in said Southerly line and Northerly in said Northerly line.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record, and subject to the conditions and provisions as
contained on Page 2 of this Easement Deed.
Attached and made part of this description is a map designated as Exhibit "A ".
A424,6) en() PM?Ct a psri' o-t IS a luie4,,eArt oP PeAnerskp e%slAwieJ 13"
Dated August 19 , 1985
STATE OF C4LIFORAIIA
TY OF
SS
On before me, the under-
signed, a • . ry Public in and for said State, personally
appeared
❑ personally known to me, or ■ proved to me on
the basis of satisfactory evidence to be • e person(s) whose
name(s) is(are) subscribed to the within trument and
acknowledged that
executed the same. Witness my hand and office seal.
wig
*SEE ATTACHED SIGNATURE PAGE*
(Space above for official notarial seal)
CMF 0611 -68 rev. 1/84
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88 °030096
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed of Right of Way
/�
/ co 4/0A, / i✓ A) — A .7O,4) l/C ti „,d4 ._
dated kvyv.!r /7, ors' from q,0,7-p, /,v ,'eJrtrljLfd ,f/ ,9CO3,/J69o,0 to the COSTA
MESA SANITARY DISTRICT, is hereby accepted by order of the Board of Directors of the
Costa Mesa Sanitary District on the /6-it day of 4C'Gei22,6.€4.. , 1941 , and the
grantee consents to the recordation thereof by its duly authorized officer.
DATE: oezc .2 2./ /?f
))o4e d /,I NJ P,J
Secretary, Costa Mesa Sanitary District
By —
Assistant Secretary, Costa Mesa Sanitary
District
00 °030006
Easement Deed (Red. Lion ,Inn).
Page 2.
1. The easement granted herein shall be exclusive to Grantee and
Grantor covenants and agrees that it will not install any other
underground improvement of any kind without first having obtained
the permission of Grantee in writing.
2. Grantor shall be responsible for all maintenance, repair, upkeep,
and replacement of said sewer line for the first ten (10) years
after said line has been accepted by the District.
3. Grantor reserves to itself the right to use the surface of this
Easement for any purpose including landscaping and paved parking as
now exists in accordance with the site plans, provided however, that
the Grantor shall not erect, place, or construct any permanent building
or structure of this Easement.
4. Because of the proximity of permanent structures, the Grantor, or
its assigns, will be required to remove any improvements over or ad-
jacent to the sewer at any time an excavation is made and at the time
excavation is completed, said Grantor, or its assigsn, shall have the
responsibility of replacing such improvements.
5. Grantee shall have unlimited access to the right -of -way provided
for herein for the purposes of repair, maintenance, upkeep, and replace-
, ment and Grantor, or its assigns, shall not unreasonably obstruct said
right of access, nor shall Grantee be held liable for the destruction
of any improvements in, over, or upon said right -of -way in gaining
access.
6. Each of the parties hereto, Grantee and Grantor, shall be liable
for its negligence and that of its agents, contractors, employees,
and licensees in the construction, operation, repair, maintenance,
upkeep, and replacement installed and used in this right -of -way.
88- 030008
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WILLIAMSON %SCHMID
C UNSULIINO CIVIL ANOIN..III AND 1•1.0 SUM.IIOM.
17782 SKY PARK BOULEVARD
IRVINE, CALIFORNIA 92714
(714) 549 -2222
APPROVED BY
Sketch 7'0 accompany SCALE //t= 60/
ct /ega/ de..SCTo/p 7i/o rt. DRAWN BYCAR.
SEWZ/Q
EQSENIENT
SURVEYED BY
CHECKED BYTE V
FIELD BOOK
DATE / / —e -e4
JOB NO.
83/4/
88 ®03009&
SIGNATURE PAGE
RED LION INN - COSTA MESA,.
a California joint venture
By RL Acquisition Company,
a California Limited Partnership
By: KKR Associates, a Delaware Limited
Partnership, General Partner
By
Georg = R. Roberts
General Partner
By Newport Beach Capital Investors, Ltd.,
a California Limited Partnership
By; Newport Beach General Investors,
a general partnership, General
Partner
88-030096
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN FRANCISCO )
On 3/,‘,6,,;(r /er /o,,p , 1985, before me, the
undersigned, a Notary Public in and for said State,
personally appeared George R. Roberts, personally known to
me or proved to me on the basis of satisfactory evidence to
be the person who executed the within instrument as one of
the general partners of KKR Associates, a Delaware Limited
Partnership, said partnership being known to me to be one of
the general partners of RL Acquisition Company, a California
Limited Partnership, said second named partnership being
known to me to be one of the joint venturers of Red Lion
Inn -Costa Mesa, the joint venture that executed the within
instrument, and acknowledged to me that such second named
partnership executed it, both individually and as a joint
venturer of said joint venture and that such joint venture
also executed the same.
WITNESS my hand and official seal.
[SEAL
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Cowry wi Bomb 15 Pao') Z S» . rekNc..6Go L'ovw71
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/11"A
V_Ad 11 "fR Y AAA LLSV G /'.,...e IJ A ... -..r..1
NOT Y PUBLIC in an or
sa'• State
STATE OF CALIFORNIA
COUNTY OF
ss.
88 ®030096
On 1,,K,,sm ,— 07 , 1985, before me, the
undersigned, a Notary Public in and for said State,
nally app d - �,,, • and
l va∎cct t- . _ Cz_, —t-�— , personally known to me or
proved to me on the basis of satisfactory evidence to be the
persons who executed the within instrument as two of the
general partners of Newport Beach General Investors, a
general partnership, said partnership being known to me to
be one of the general partners of Newport Beach Capital
Investors, Ltd., a limited partnership, said second named
partnership being known to me to be one of the joint '
venturers of Red Lion Inn -Costa Mesa, the joint venture that
executed the within instrument, and acknowledged to me that
such second named partnership executed it, both individually
and as a joint venturer of said joint venture and that such
joint venture also executed the same.
WITNESS my hand and official seal.
[SEAL]
OFFICIAL SEAL
VICKIE SEA' 'AN
NOTARY PUBLIC - CALIFORNIA
BOND FILED IN
KERN COUNTY
y cometssion Bp. Feb. 24, 1989
.GrtL&# _ vfx ys
NOTAR PUBLIC in an or said
State
R
85-- 146932
tot rbsf
$11.00
C8
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Latham & Watkins
555 South Flower Street
Los Angeles, California 90071
Attn: Brigid McMahon
88 ®030096
STATEMENT OF PARTNERSHIP
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
.2 QQ PM APR 25'85
Q �/j COUNrr
RECORDER
The undersigned general partners of RED LION INN -
COSTA MESA declare that Red Lion Inn - Costa Mesa is a
General Partnership and that:.
1. Edward H. Pietz and Tod E. McClaskey, a California
general partnership, has withdrawn as a partner to, and RL
Acquisition Company, a California Limited Partnership, has
been admitted as a partner to Red Lion Inn - Costa Mesa.
The partnership, was not dissolved by reason of such
withdrawals and admissions of partners due to the existence
of a written agreement signed by all of the partners before
such withdrawals and admissions. Such agreement was
executed in accordance with the provisions of section
15031(7) of the Corporations Code.of the State of
California.
2. This Statement of Partnership amends, supersedes
and replaces in its entirety any prior Statement of
Partnership.
3. The name of the partnership is RED LION INN -
COSTA MESA.
85-- 146932
88 °030098
A. The name of each of the partners is as set forth
below:
(a) NEWPORT BEACH CAPITAL INVESTORS, LTD., A
CALIFORNIA LIMITED PARTNERSHIP; and
(b) RL ACQUISITION COMPANY, A CALIFORNIA LIMITED
PARTNERSHIP.
5. The parties named above are all of the partners in
the partnership.
IN WITNESS WHEREOF, the parties have hereunder set
their hands the day and year set forth in their respective
acknowledgements and verifications of this Statement of
Partnership.
NEWPORT BEACH CAPITAL
INVESTORS, LTD.,
A CALIFORNIA LIMITED
PARTNERSHIP
By NEWPORT BEACH GENERAL
ra P - tner
By
Its General P= 'rtners
RL ACQUISITION COMPANY, A
CALIFORNIA LIMITED PARTNERSHIP
BY: KKR ASSOCIATES, A DELAWARE
LIMITED PARTNERSHIP,
General Partner
By
Its GeN €AAI- PAP-Welt-
2
8s-- 46 932 88- 030096
VERIFICATION
We, Eldon R. Hugie and Richard L. Barnett, declare:
We are general partners of a general partner of Newport
Beach Capital Investors, Ltd., A California Limited Partnership.
We are duly authorized to make the representations contained herein
on its behalf. We have read the foregoing Statement of Partnership,
and know the contents thereof to be true of our own knowledge,
except as to those matters stated therein on information and belief,
which we believe to be true.
We declare under penalty of perjury that the foregoing
is true and correct.
STATE OF CALIFORNIA )
)
COUNTY OF KERN
On this ftS.
_ day of April, 1985, before me,_ _a Notary Public
in.and —for -said State,- residing therein, duly commissioned and sworn,
personally appeared Eldon R. Hugie and Richard L Barnett, personally
known to me (or proved to me on the basis of satisfactory evidence)
to be the persons who executed this instrument on behalf of Newport
Beach General Ivestors, which is a general partner of Newport Beach
Capital Investors, Ltd., A California Limited Partnership, the limited
partnership therein named, and acknowledged to me that said partnerships
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate irst above
written.
No ary Public
RO ERT J. SELF ✓
NOTARY PUBLIC - CALIFORNIA
BOND FILED IN
TERN COUNMV
MY COMMISSION EXPIRES APRIL 30. 19E6
1
88- 030096
SS-- 146932
VERIFICATION
I, George R. Roberts declare:
I am a general partner of a general partner of RL
Acquisition Company, a California Limited Partnership. I am
duly authorized to make the representations contained herein
on its behalf. I have read the foregoing Statement of
Partnership, and know the contents thereof to be true of my
own knowledge, except as to those matters stated therein on
information and belief, which I believe to be true.
I declare under penalty of perjury that the
foregoing is true and correct.
STATE OF CALIFORNIA
ss
COUNTY OFa,I^./IQ�tC,ea� )
(is )
On this - LiOday of , 1985,
before me, a Notary public in and or said State, residing
- th reim- - 4.+�?—eomwi- as -sio led - and- s-wor-n-,- personally—appeared-
, personally known . to be (or proved
to me on t e ►asis o satisfactory evidence) to be the
Orson who executed this instrument on behalf of KKR
Associates, a Delaware Limited•Partnership, which is the
general partner of RL Acquisition Company, a California
Limited Partnership, the limited partnership therein named,
and acknowledged to me that said partnerships executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day year in t}l•
certificate first above written.
OFFICIAL SEAL
DORIS M RANDUCH
NOTARY PUBLIC - CALIFORNIA
SAN FRANCISCO COUNTY
Ily comer. expires SEP 13, 1985
4
Notary Public