Easement - MAY DEPT STORES - 8/9/1966•s:.� -- — iC:*` w- r. aw :Y.s:.a,.'tw.�2r::.- «;.i -•;tra �+ :.a -.. .v '- - -= `i:•`•'':'R..L� ..
:L_TO: COSTA MESA SANITARY DISTRICT
PIO. Box 1200 6 129
COSTA MESA. CALIFORNIA 92627
CTRANT OF EASEMENT
BCD 80 14 ; 359
THE MAY DEPARTMENT STORES COMPANY, a New York
corporation, Grantor, fox• a valuable consideration, does hereby grant
to COSTA MESA SANITARY DISTRICT, Grantee, for the purposes
hereinafter set forth and for such purposes only, a non - exclusive ease -
ment and right of way under and across the lands of Grantor situated
in the City of Costa Mesa, County of Orange, State of California, more
particularly described on Exhibit A and shown on Exhibit A -1, each
attached hereto and made a part hereof by this reference.
The easement and right of way hereinabove described shall
be used by Grantee for the purpose of .`renching, laying, constructing,
operating, using., repairing, maintaining, inspecting and /or removing
therefrom sewage lines and appurtenant •,L7.derground structures with
any and all connections and deices necessary thereto for sanitary
sewer purpose ::.
No ;structure shall be maintained by Grantee upon the surface
of the grourd.
Grantor retains the right to use the surface areas and the
non - exclusive right to use the subsurface areas of the easement and
right of way in such manner as Grantor shall deem proper; provided,
however, that if Grantor should require Grantee to change or relocate
Grantee's sewage lines or any equipment incidental ther.:to and in the
performance of any bf the work which Gran-tee is autho zed to perform
RECORDED AT QUEST OF
Q. �� Mesa tyA ;_4 OR./ � ZSA-v A
• B cIC 8014 i'AGE 36
in the area of such easement and right of way, Grantee shall avoid any
damage or interference with other installations in the areas of such
easement or right of way.
Grantee accepts the easement and right of way with the knowl-
edge that Grantor intends to improve the ground area of the easement
herein granted and to use the same for motor vehicle parking and other
similar purposes. In making any installation or in the performance of
any work, Grantee shall adequately protect its installations against such
use. Grantee shall complete all such installations prior to the date upon
which Grantor shall notify Grantee that it intends to make such improve-
ments upon the surface areas of the easement and right of way.
Grantee shall have the right of reasonable ingress and egress
to the areas of such easement and right of way, subject to the uses "
which Grantor is making of the ,surface areas of such easement.
In making any use of the easement, Grantee shall:
(a) Make adequate provision for the safety and convenience .
of all persons using such areas or other improvements or facil-
ities in such areas;
(b) Replace and restore the areas and improvements to
the condition in which they were prior to the performance of
such work;
(c) Hold Grantor and other users of the easement harmless
against claims, including costs and attorneys'. fees arising from its
use of such area.
Bi;oK 60 14 x :F. 362
•
In its use of the easement and right of way herein granted,
Grantee shall not permit any claim, lien or other encumbrance aris-
ing from such use to accrue against or attach to said easement or
right of way or the interest of Grantor in the lands over or under
which this easement is granted.
In consideration of the foregoing Grant, Grantee by its
acceptance thereof (as evidenced by the recordation of this instrument),
hereby agrees ,at its own expense to keep and maintain in good order,
condition and repair any and all facilities and installations at any time
and from time to time. in stalled, constructed or maintained, pursuant
to this Grant.
this
IN WITNESS
day of
EREOF, this instrument is executed
, 1966.
e
THE MAY EPARTMENT TOR 8� o ANY GI
By /60 4( ITItE E
del
STATE of CALIFORNIA,
a
County of eA6?
the wider Diary Public in and for the said County
- • .I
•__ C— Ppresident, and /e'--4 -/
to bet Secretary of
the Corporation that exet�uted tthin Instrument, known to me to be the persons who
executed the within Instrument, on 7 behalf of the Corporation herein named, and acknowl-
edged to me that such Corporation executed the within Instrument pursuant to its by -laws or
a resolution of its board of directors.
Wrri ss my hand and offer seal.
19-4(.1.., before me,
and State, personally appeared
, known tometobethe
,known to me
_
44441/
Note
Public in and for said County and State.
.es Y. ,1.ut l,1RMFNT Con9 —PRE6 s SEC. — WOLCOTTS FORM 226 —REV. 4 -57
70090
•
UM 8014. rMck363
EXHIBIT A
A strip of land, 10.00 feet in width, lying within Section 35,
Township 5 South, Range 10 West, S.B.B.&M., in the land allotted
to James McFadden, in Decree of Partition of the Rancho Santiago
de Santa Ana, recorded in Book "B" of Judgments of the 17th Judicial
District Court of Los Angeles County, in the City of Costa Mesa,
County of Orange, the center line of which is more particularly
described as follows:
Parcel D
Beginning at the intersection of the center line of Sunflower
Avenue with the center line of Bristol-Street, as said intersection
is described in a deed of right of way, recorded February 21, 1952,
in Book 2290, page 510, of Official Records; thence South along the
center line of Bristol Street, 1810.01 feet; thence West, 936.2+
feet to the true point of beginning, said point being in that cer-
tain course described as "West 460.00 feet" in a deed to the May
Department Stores Company, a New York Corporation, recorded
January 29, 1965, in Book 7396, page 543, of Official Records of
said Orange County, said point also being on the center line of an
existing 8 -inch sewer force maik; thence South 9° 21° 45" East,
50.66 feet to the center of an existing sewer manhole; thence South along
the center line of an existing 12 -inch sewer main, 472.99 feet to the
North line of the San Diego Freeway as said Freeway is described in
a deed of right of way recorded December 2, 1964, in Book 7327,
page 272, of Official Records. The side lines of said strip of land,
10.00 feet in width, shall be lengthened or shortened so as to ter-
minate in said Northerly line of the San Diego Freeway and in said
course described as "West 460.00 feet ".
Parcel E
Beginning at the intersection of the center line of Sunflower
Avenue with the center line of Bristol Street, as said intersection
is described in a deed of right of way, recorded February 21, 1952,
in Book 2290, page 510, of Official Records; thence South along the
center line of Bristol Street, 2055.00 feet; thence West, 933.00
feet to the true point of beginning, said point being West, 5.00
feet from the center of an existing sewer manhole; thence West along
the center line of an existing 6 -inch sewer main, 272.00 feet to a
point West, 5.00 feet from the center of an existing sewer manhole.
i •
•
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PARCEL
1.
SAN DIEGO FREEWAY
SK ETCH SHOW/NG
SANITARY SEWER EASEMENTS
1N SECT/ON 35 s T-5 S., R. /0 W.
COSTA MESA, CAL/FOR/WA
- • . ■•••••••• •r- • I A /0.
•
//6 EAST. 18TH STREET
August 8, 1966
Mr. Jo Wylie Carlyle
County Recorder
County of Orange
Po O. Box 238
Santa Ana, California
Dear Mr. Carlyle:
Enclosed is a right of way\deed from
The May Department Sto a Company to a Costa Mesa
Sanitary District for rr cording.
ja
Aft r recording ease return to:
Thank you.
Enclosure (1)
Costa Mesa Sanitary District
Po Oe Box 1200
Costa Mesa, California
Yours very truly,
Jane Angel
Assistant Secretary
0
•
BOOK 80 9 4 iltCE 360
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed
of Right of Way dated July 7, 1966 from The Mav ar
Deptmgnt Stor
to the COSTA MESA SANITARY DISTRICT, is
Company
hereby accepted by order of the Board of Directors of the Costa Mesa Sanitary
District on the 3rd day of August , 19 6 6 and the grantee consents
to recordation thereof by its duly authorized officer,
DATE: August 8, 1966
ssis
Cos
1'
Secretary,
Mesa Sanit District
s Secret
Sanitary District
• JGD :en 6 -28 -66
•
'.^AIL TO: COSTA MESA SANITARY DOSTRICT
P.O. Box 1200
COSTA MESA0 CALIFORNIA 92627
6129
GRANT OF EASEMENT
• 4
E:;,'8Oe4 •'._,E359
THE MAY DEPARTMENT STORES COMPANY, a New York
corporation, Grantor, for a valuable consideration, does hereby grant
to COSTA MESA SANITARY DISTRICT, Grantee, for the purposes
hereinafter set forth and for such purposes only, a non - exclusive ease-
ment and right of way under and across the lands of Grantor situated
in the City of Costa Mesa, County of Orange, State of California, more
particularly described on Exhibit A and shown on Exhibit A -1, each
attached hereto and made a part hereof by this reference.
The easement and right of way hereinabove described shall
be used by Grantee for the purpose of trenching, laying, constructing,
operating, using, repairing, maintaining, inspecting and /or removing
therefrom sewage lines and appurtenant underground structures with
any and all connections and devices necessary thereto for sanitary
sewer purposes.
No structure shall be maintained by Grantee upon the surface
of the ground.
Grantor retains the right to use the surface areas and the
non - exclusive right to use the subsurface areas of the easement and
right of way in such manner as Grantor shall deem proper; provided,
however, that if Grantor should require Grantee to change or relocate
Grantee's sewage lines or any equipment incidental thereto and in the
performance of any of the work which Grantee is authorized to perform
B C, 6Q 0 4 iAGE 36 0
in the area of such easement and right of way, Grantee shall avoid any
damage or interference with other installations in the areas of such
easement or right of way.
Grantee accepts the easement and right of way with the knowl-
edge that Grantor intends to improve the ground area of the easement
herein granted and to use the same for motor vehicle parking and other
similar purposes. In making any installation or in the performance of
any work, Grantee shall adequately protect its installations against such
use. Grantee shall complete all such installations prior to the date upon
which Grantor shall notify Grantee that it intends to make such improve-
ments upon the surface areas of the easement and right of way.
Grantee shall have the right of reasonable ingress and egress
to the areas of such easement and right of way, subject to the uses
which Grantor is making of the •surface areas of such easement.
In making any use of the easement, Grantee shall:
(a) Make adequate provision for the safety and convenience .
of all persons using such areas or other improvements or facil-
ities in such areas;
(b) Replace and restore the areas and improvements to
the condition in which they were prior to the performance of
such work;
(c) Hold Grantor and other users of the easement harmless
against claims, including costs and attorneys' fees arising from its
use of such area.
2
Vfa
f
STATE OF CALIFORNIA,
County 0/
. tam
TY
ON �Y
4'
19 < , before me,
the unders(jned, a otary Public in and for the said County and State, personally appeared
Catuil T/iGC.Q� Prerfdent, i . '
to bet•
Secretary of
, known to me to be the
known to me
the Corporation that exetuuted tl / within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowl-
edged to me that such Corporation executed the within Instrument pursuant to its by -laws or
a resolution of its board of directors.
A 1
WITNESS my hand and official seal.
Notary Public in and for said County and State.
ACKNOWLEDGMENT — CORP. —PRES s SEC. — WOLCOTTS FORM 226 —REv. 4 -87
AL, n__.__:__,__ r
n_,. A 1 !1 r•
70090
Bah 8014 ..:_ 362
In its use of the easement and right of way herein granted,
Grantee shall not permit any claim, lien or other encumbrance aris-
ing from such use to accrue against or attach to said easement or
right of way or the interest of Grantor in the lands over or under
which this easement is granted.
In consideration of the foregoing Grant, Grantee by its
acceptance thereof (as evidenced by the recordation of this instrument),
hereby agrees at its own expense to keep and maintain in good order,
condition and repair any and all facilities and installations at any time
and from time to time in stalled, constructed or maintained pursuant
to this Grant.
this
IN WITNESS EREOF, this instrument is executed
day of
, 1966.
3
BCGK8O 1 4. TALL 363
EXIJILIIT A
A strip of land, 10.00 feet in width, lying within Section 35,
Township 5 South, Range 10 West, S. B. BO &M. , in the land allotted
to James McFadden, in Decree of Partition of the Rancho Santiago
de Santa Ana, recorded in Book "B" of Judgments of the 17th Judicial
District Court of Los Angeles County, in the City of Costa Mesa,
County of Orange, the center line of which is more particularly
described as follows:
Parcel D
Beginning at the intersection of the center line of Sunflower
Avenue with the center line of Bristol Street, as said intersection
is described in a deed of right of way, recorded February 21, 1952,
in Book 2290, page 510, of Official Records; thence South along the
center line of Bristol Street, 1810.01 feet; thence West, 936.2+
feet to the true point of beginning, said point being in that cer-
tain course described as "West 460.00 feet" in a deed to the May
Department Stores Company, a New York Corporation, recorded
January 29, 1965, in Book 7396, page 543, of Official Records of
said Orange County, said point also being on the center line of an
existing 8 -inch sewer force main; thence South 9° 21' 45" East,
50.66 feet to the center of an existing sewer manhole; thence South along
the center line of an existing 12 -inch sewer main, 472.99 feet to the
North line of the San Diego Freeway as said Freeway is described in
a deed of right of way recorded December 2, 1964, in Book 7327,
page 272, of Official Records. The side lines of said strip of land,
10.00 feet in width, shall be lengthened or shortened so as to ter-
minate in said Northerly line of the San Diego Freeway and in said
course described as "West 460.00 feet".
Parcel E
Beginning at the intersection of the center line of Sunflower
Avenue with the center line of Bristol Street, as said intersection
is described in a deed of right of way, recorded February 21, 1952,
in Book 2290, page 510, of Official Records; thence South along the
center line of Bristol Street, 2055.00 feet; thence West, 933.00
feet to the true point of beginning, said point being West, 5.00
feet from the center of an existing sewer manhole; thence Nest along
the center line of an existing 6 -inch sewer main, 272.00 feet to a
point West, 5.00 feet from the center of an existing sewer manhole.
EXHLBIT A
•
/ ;
SUNFLOWER AVENUE
WEST 581.00
PARCEL
P0.8._
PARCEL E
•
• f
�N
:v.,: EST 4C 7.9 Ii Nrw
s�
PARCEL 8 - --
' `' i •--PARCEL C
m ,�
W — 1
Nk
',.-5. 9'2/ 4S "E.
5066'
fj;S3
11 n �s. h
-7
1ZC.s.00'
WEST 11I 9.39,0o•
1. - -- PARCEL D
t_._____________---
SAN p1EG0 FR'-E WAY
,f ST 997.:7
WEST 536.24
P.0.8.
SKETCH SHOWING
SANITARY SEWER EASEMENTS
IN SECT /ON 35, T. 5 S., R. /0 W.
COSTA MESA, CAL /FORA/ /A
SOUTHWGRTH STEVENS, INC.
R.C.E. 6579 R.C.E. //066
CIVIL ENGINEERS
//6 EAST /8TH STREET
COSTA MESA, CAL ; F.
OATS
APR. 20 ,/966
SCALE FIELD t3OOr( JCB JL
/".= 300.
J 630
EXHIBIT A-1
•
ep.
• •■••
4
EX E
•