Deed - SOUTH COAST CENTER - 2/1/1988RECORDED AT THE REQUEST OF:
COSTA MESA SANITARY DISTRICT
234 East 17th Street #205
P.O. Box 1200
Costa Mesa, CA 92626 -1300
AND WHEN RECORDED MAIL TO:
SOUTH COAST CENTER ASSOCIATES
3070 S. Bristol, Suite 440
Costa Mesa, CA 92626
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SUPPLEMENT TO EASEMENT DEED
AND
CONSENT TO ENCROACHMENT
Documentary Transfer Tax is declared to be: NONE
Government Agency Exempt: Costa Mesa Sanitary District
FOR A VALUABLE CONSIDERATION, receipt and adequacy of
which are hereby acknowledged, the undersigned COSTA MESA SANITARY
DISTRICT ( "Grantee ") and SOUTH COAST CENTER ASSOCIATES, a
California general partnership as successor in interest to
Corporate Center Associates ( "Grantor "), as parties to that
certain Easement Deed dated October 2, 1985, recorded as .
Instrument No. 88- 052850 in the Official Records of Orange County,
California on February 4, 1988, hereby agree as follows:
1. Consent to'Encroachment. Reference is made to
paragraph 2 on page 2 of said Easement Deed, which reads in full
as follows:
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 obtaining the permission of Grantee in
writing.
Pursuant to the foregoing provision, Grantee hereby grants to
Grantor the right and permission to install, maintain, use,
operate, repair and replace (the "Encroachment Rights ") within the
area covered by said Easement Deed (the "Easement Area "), -at
certain locations generally shown on Exhibit "A" attached hereto,
those certain underground improvements described or shown on
Exhibit "A "; provided, that each of the parties hereto, Granteee
and Grantor, shall be liable for its own negligence and that of
its agents, contractors, eiipioyees• and licensees in its respective
construction, operation, repair, ;maintenance, upkeep and
replacement installed -and used within the °Easement Area.
S52 /jib /ca1022.doc 05/03/89 10:35am
2. Future Easements. Grantor may grant or transfer
all or any portion of its Encroachment Rights to any utility
companies, municipal districts, adjoining landowners or other
persons or entities, together with the right to record one or more
specific easement deeds or similar instruments setting forth such
rights in favor of any such transferees.
3. Continuing Effect. Subject to the provisions of
this instrument, all terms, conditions and provisions contained in
the Easement Deed shall remain in full force and effect.
DATED:
, 1989
SOUTH COAST CENTER ASSOCIATES,
a California general partnership
By CALIFORNIA PACIFIC PROPERTIES
a California general partnership,
As Manager
By NEWPORT PACIFIC DEVELOPMENT
GROUP, a California general
partnership, Man ng Partner
By
mes
Gener
Gre utcher
Ge - ' artner
CERTIFICATE OF ACCEPTANCE
This is to certify that all provisions contained in the
foregoing instrument are hereby accepted by the order of the Board
of Directors of the Costa Mesa Sanitary District on the / /tG day
of./Y1A4f/ , 1989, and the undersigned hereby consents to the
recordation thereof by its duly authorized officers.
DATED: An,q-y // , 1989 COSTA MESA SANITARY DISTRICT
■ • 4 11 ILA
_IL
IN WITNESS WHEREOF, I
have hereunto set my
hand and affixed the Seal
of the Costa Mesa Sanitary
'District, this 11th day
of May, 1989.
S52 /jib /ca1022.doc
By: .,.
2
Clerk of the District
•
•
05/03/89 10 :35am
1
(Partnership as a Partner of a Partner of. a Partnership)
STATE OF CALIFORNIA
COUNTY OF ORANGE
on -'7
) ss.
)
, 1989, before me, the
undersigned, a Notary Public in and for said State, "personally
appeared JAMES M. HIETBRINK, and GREGORY L. BUTCHER, personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within instrument as
the sole General Partners of NEWPORT PACIFIC DEVELOPMENT GROUP
( "Newport "), personally known to me (or proved to me on the basis
of satisfactory evidence) to be the Managing Partner of CALIFORNIA
PACIFIC PROPERTIES ( "CPP "), personally known to me (or proved to
me on the basis of satisfactory evidence) to be the Manager of
SOUTH COAST CENTER ASSOCIATES ( "SCCA "), the joint venture general
partnership that executed the within instrument, and each of them
acknowledged to me that they executed the same as such partners of
Newport, that Newport executed the same as such Managing Partner
of CPP, that CPP executed the same as such Manager of SCCA, and
that SCCA executed the same.
WITNESS my hand and official seal.
•
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On /%R-y // 1989, before me FLORINE T. REICHLE,
Notary Public in and for the County of Orange, State of
California, personally appeared James A. Wahner, President
of the Costa Mesa Sanitary District and Robert Hanson,
Secretary of the Costa Mesa Sanitary District, a public
agency, and known to me to be the persons who executed the
within instrument on behalf of said public agency and
acknowledged to me that the public agency executed same.
WITNESS my hand and official seal.
aarr ■111ssssiser■al111esss11ssaR
OFFICIAL SEAL •
NOTARYRPUBL T. CALIFORNIA:
PRINCIPAL OFFICE IN •
ORANGE COUN ilf
Q_ My QPmmisrlon Expires July 17, 1992
NswliWltlsaraisiim isaa a rmaal
■
i
Notary Public in and for
said County and State
tai
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed of Right of Way
dated aeio,6e /9 ix" from eOeicb,t4 e4 ,a7{A, 'wee to the COSTA
MESA SANITARY DISTRICT, is hereby accepted by order of the Board of Directors of the
Costa Mesa Sanitary District on the kra. day of ee�.e e� , 19 69"7 , and the
grantee consents to the recordation thereof by its duly authorized officer,
eal ek r y4-nJJeorc )
Secretary, Costa Mesa Sanitary District
By ;,� -,v .>�4
Assistant Secretary, Costa Mesa Sanitary
District
DATE: d(/,Q',e 4 -,aud' e22, /1/7
(Partnership)
STATE OF CALIFORNIA
COUNTY OF CORA AJG,' ,(=
On c I—Pe 0a
}ss.
TITLE INSURANCE
AND TRUST
AY1COR COMPANY
before me, the undersigned, a Notary Public in and for said State, personally appeared
known to me
to be DIVE of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
Signat
2080110010080oeneemencenesenerxen
OFFICIAL SEAL
JANET M. HENNESSEY
NOTARY PL:i.LIC- CAL;FORNIA
t'rincipc.i o:,ico in
ORANCLi COUNTY
My commission expires 12 -21 -1990
(This area for official notarial seal)
1
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