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Deed - SEARS, SOUTH COAST PLAZA - 1/21/1988EXEMPT C18 c c c W.iording h. gr;.§ted by COSTA II1ESA SANITARY DISTRICT When Recorded Mail to: COSTA MESA SANITARY DISTRICT P.O. BOX 1200 COSTA MESA, CALIFORNIA 92626 Mail Tax Statements to: CITY OF COSTA MESA P.O. BOX 1200 COSTA MESA, CALIFORNIA 92626 88- 030000 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA b2.2 PM JAS 2199E .044- COUNTY gECORDER Space Above This Line For Recorder's Use • AP. No. TCA Location - - 3333- i�rr,,srrna 5r- Co4sI HA, G44 EASEMENT DEED Deed No R/WNo THE UNDERSIGNED DECLARE(i) DOCUMENTARY TRANSFER TA—Xi—NONE. GOVERNMENTAL AGENCY EXEMPT COSTA MESA SANITARY DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SEARS, ROEBUCK AND copiwy, a New York Corporation grant(s) and convey(s) to the COSTA MESA SANITARY DISTRICT a perpetual easement and right of way for Sewer and appurtenant structure purposes 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 follows: That portion of Parcel 6, in the City of Costa Mesa, County of Orange, State of California, as shown on the map filed in Book 99, Pages 30 through. 32, of Parcel Maps, in the office of the County Recorder of said County together with that portion of Parcel. 4 of Parcel Map No. 83 -386 as shown on the map filed in Book 194, Pages 24 through 26 of Parcel Maps in the office of said County Recorder, included within a strip of land, 10.00 feet in width, the centerline of said strip being described as follows: Beginning at the Southerly terminus of that certain course described as "South 261.00 feet" for a portion of the centerline of Parcel 1 as described in the easement deed to Costa Mesa Sanitary District, recorded April 12, 1974, in Book 11117, Page 1464, of Official Records, in the office of said County Recorder; thence East 47.00 feet; thence North 320.00 feet; thence West 207.00 feet; thence South 57 °53'28" West 111.00 feet to the centerline of Parcel 2 as described in said easement deed. See Schedule "A" to accompany Easement Deed. All as more particularly shown on the map attached hereto and made a part hereof. Dated e�,1° fAP_& 17) / 1 In STATE OF CALIFORNIA COUNTY OF SS Sears, Roebuck and Co., a New York Corporation By a . a 'anag-r _Real Estate Planning Group Y: On before me, the under- fi" T T signed, a Notary Public in and for said State, personally ai appeared . c,.r_�•.___ 4: J1stC+�.L Wb.l:_....._..-/ known to me to be the person(s) whose name(s) is(are) subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature (Space above for official notarial seal) y C CMF 0611 -68 83193.12 88030099 • SCHEDULE "A" Notwithstanding anything to the contrary contained in the Easement Deed to which this Schedule "A" is attached, it is understood and agreed that: (a) Upon any relocation, reconstruction, replacement or repair of Grantee's facilities, if any, located_ above the surface of the ground in the easement area, no such activity shall either (i) substantially increase the size of such facilities or (ii) substantially change the scope or location of such facilities without, in any such instance, the prior written consent of Grantor, which consent shall not be unreasonably withheld or delayed. (b) In the event that Grantee shall not, for a period of one (1) consecutive year, use the easement area described in this instrument for the location and operation of Grantee's facilities, the easement hereby granted shall be deemed abandoned at the expiration of such one (1) year period. Such one (1) year period shall not include any period of non -usage due to relocation, reconstruction, replacement, expansion or repair of Grantee's facilities by Grantee. Grantee accepts the easement and right of way granted hereby with the knowledge that Grantor intends to improve the surface of the easement herein granted and use the same for motor vehicle parking, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, Grantee shall adequately protect its installations against such use. In making any use of this easement, Grantee shall (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore areas and improvements to the condition in which they were prior to the performance of such work; and (c) Hold Grantor and other users of the easement harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from Grantee's use of such area, including but not limited to claims or incidents pertaining to the condition of and presence of Grantee's facilities in or on the easement area described herein. ICAT. NO. NN00737 TO 1945 CA (7 -82) (Corporation) STATE OFGFORiN+# T!l I e30I5 COUNTY OF o }� On c°.Ir� �� } /Wi before me, the undersigned, a Notary Public in and for said State, personally appeared Re 0ct14 13, Rath personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Ned 1) tf - ilea) rS1,t t t i! , . 1" . nd %Ttbi , . ersonally own to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the j$A'% • Secretary of the Corporation -L. ' , that executed the within instrument and acknowledged to me that such corporation executed the within instru- _ ment pursuant to its by -laws or a resolution of its board of directo WITNESS m and official seal. ' �,�� Signature . .2f, /"�% �A(it �e� Y (This area for official notarial seal) SS. JrrTITIE413SURANCE AND TRUST ATICOR COMPANY 88 ®030099 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Deed of Right of Way dated ..be ,Q, /7) ihre from je,f-da , ,eoeg'ez g,v L'o ,00°9 -vy to the COSTA MESA SANITARY DISTRICT, is hereby accepted by order of the Board of Directors of the Costa Mesa Sanitary District on the /046 day of 2>eim,iatx_— , 19 d 7 , and the grantee consents to the recordation thereof by its duly authorized officer. DATE: bee,."efeit.,- 22 /fI% tpAe /1g,r/1OA) Secretary, Costa Mesa Sanitary District By Li Assistant Secretary, Costa Mesa Sanitary District 88 °030008 3 .ed; 0,,. \ \• (0' 5' SI WEST , 207.00 '? N OC • r ,-1,(9) • _� 10' 5' 5' • POINT OF BEGINNIN < =' ' / . L.L. 1 EA5EMENT 727 CD$T4 ME5J SAN /T.4,2Y,o /5, /CT, ,"CL 1, ////v/.:(6,,0. Q APEy /5E,O 4- /B -ffe WILLIAMSON %SCHMID CONSULTING CIVIL ENGINEERS ANO LAND SURVEYORS 17782 SKY PARK BOULEVARD IRVINE, CALIFORNIA 92714 (714) 549 -2222 APPROVED BY SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SEWER EASEMENT SCALE: 1111.100? DRAWN BY m. L. SURVEYED BY CHECKED BY FIELD BOOK DATE I0/35 JOB NO. 83103.10 10 88030009 Agreed and Accepted this day of , 1986. COSTA MESA SANITARY DISTRICT, an Agency of the State of California By Title: By Title: STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me or proved to me on the basis of satisfactory evidence to be the and the of COSTA MESA SANITARY DISTRICT, the Agency that executed the within instrument, known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument on behalf of the Agency therein named, and acknowledged to me that such Agency 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