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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 0 O ►e 8 a tc r 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 A) 69 °06'09°W AIL)/ 1./NE PCL. 3 • r 7.50/ 7.50' I /5.001 W 0 0 z SLY L INE PCL. 3 9 A'B9 °49'/O"'W T. P.O. B: /2.5D ELY L /NE PCL..3 W � i 2 0 14 N M W U • o 2 2 W • 0 U u 0 O k u z Wo Vi NB9° 49'/04' W /2.50° y ,',4C I d,.R. /NO &VENCA/E 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 tlocial1ir �DA1rr IN Ae ottbkt4C . unr44 •tits LioV>3:11:WM61.LT Coo6 , r c,slzTWY vµD6R "Me PO Wneri olc FIT Rrimy fiber Tog Wvrkvl *did. 0 T1+B -peg,o1161,Sr To w Iu o+ 'r1 ui isrATEMEN:r 16 ATTAGiiteN Vats AS nu.ow* WPM. OF Morke# °n (RDA LEVY twre C01.0{1661o0 LXPI2E5 g Avyv41" 12v Me Cowry wi Bomb 15 Pao') Z S» . rekNc..6Go L'ovw71 Purse of TsxEwt'1tN $ ykt.i ci IGbSGO Covti.Ty 'Darr1. o AcvetvST !q1 1185 /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