Easement - OLSON - 3/26/1999•
�• EXEMPT RECORDING REQUESTED
PFR GOVERNMENT CODE 6103
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Costa Mesa Sanitary District
P.O. Box 1200
Costa Mesa, California 92628 -1200
Recorded in the County of Orange, California
Gary L. Granville, Clerk /Recorder
111111111111111111111111 No Fee
19990225154 1:16pm 03/26/99
004 23016433 23 33
E02 9 15 0.00 6.00 24.00 0.00 0.00 0.00 0.00
0.00 0.00
(Space Above for Recorder's Use Only)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement ") is entered as of this 11th
day of March . 1999, by PHILIP E. OLSON and MARCIA L. OLSON, husband and
wife ( "Grantor ") and the COSTA MESA SANITARY DISTRICT ( "Grantee ")
1. AGREEMENT REGARDING EASEMENT
1.1 Grant of Easement. Grantor hereby grants and conveys to
Grantee, subject to the terms and conditions herein, a non - exclusive, perpetual easement
and right of way for sewer maintenance purposes (the "Easement ") in, on, under, and
through all that real property situated in the City of Costa Mesa, County of Orange, State
of California, described as shown on Exhibit C ( "Grantor Parcel "). The location of the
Easement on the Grantor's Parcel is more particularly described as shown on Exhibit A
and depicted on Exhibit B ( "Easement Area ").
1.2 Character of Easement. The Easement and covenants created
with respect to the Easement shall be non - exclusive and shall constitute an Easement on
and covenants running with the land and shall bind the Grantor Parcel and the Costa
Mesa Sanitary District and their successors and assigns. The Easement is subject to all
easements, covenants, conditions, restrictions, reservations, rights and rights -of -way of
record, apparent or known.
1.3 Repairs After Entry. Grantee, at its sole cost and expense, after
any entry in, on, under, or through the Easement Area, shall restore the surface of the
Easement Area and any other area of the Grantor Parcel affected or disturbed by such
entry to its condition prior to such entry.
1.4 Use of Easement Area. Grantee shall not use the Easement in any way so
as to unreasonably interfere with the use and enjoyment of the Grantor Parcel or unreasonably
interfere with any business located on the Grantor Parcel.
N131:404946.2
2. GENERAL PROVISIONS
2.1 Respective Costs. Except as specifically provided otherwise in
this Agreement, the expenses incurred by Grantor and by Grantee (when referring to one,
"Party" and collectively, "Parties ") in performing the acts required to be performed by
such Party under this Agreement shall be borne solely by such Party.
2.2 Attorneys' Fees. If a Party shall institute any action or
proceeding, including any arbitration proceedings, relating to the provisions of this
Agreement or any default or alleged default hereunder, then the unsuccessful Party in
such action or proceeding shall reimburse the successful Party therein for the reasonable
costs (including court costs and attorneys' fees) incurred therein by such successful Party.
2.3 General Interpretation. This Agreement shall be governed by
and construed in accordance with the laws of the State of California. without regard to
conflict of laws principles. If any term, provision or condition contained in this
Agreement (or the application of any such term, provision or condition) shall to any
extent be invalid or unenforceable, the remainder of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
2.4 Entire Agreement. This Agreement comprises the entire
agreement with respect to the Easement and other matters described herein.
2.5 Counterparts. This Agreement may be executed in counterparts.
[signature page follows]
NB1:404946.2 2
4.
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IN WITNESS WHEREOF, The Parties have executed this Agreement as of the
day and year first above written.
"Grantor ":
PHILIP E. OLSON, OWNER
4/4
MARCIA L. OLSON, OWNER
"Grantee ":
COSTA MESA SANITARY DISTRICT
By:
Name: G - ' ' to>. WOODSIDE:
Title: SEERETAMY, 'MAID - F DIRECTORS
NB1:404946.2 3
-
STATE OF
COUNTY OF
P►u-e-,
1 before me, L' nt 5r OP -P-A(
a Notary Public in and for said State, personally appeared
n1ReGi k , personally known to me ( f
to be the personOwhose name() We subscribed to the within
instrument and acknowledged to me that,fe/Aie /executed the same in friehW
authorized capaci �`, and that by l/h/ signature on the instrument the
persona or the entity upon behalf of which the person6) acted, executed the instrument.
S my hand and official seal.
NB I :404946.2 4
Seal)
s'1.144' NOTARY PUBLIC CAChristine eer
0 Comm. 011578511
O�i�✓ LIFORNW
ORANGE COUNTY (7
;i. 1s Comm. Exp. Oct. 5, 2001 -+
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STATE OF CALIFORNIA
COUNTY OF ORANGE
)
On March 11 , 1999 , before me, Joan Revak. Notary Public
a Notary Public in and for said State, personally appeared Arthur R. Perry and
Greg D. Woodside
, personally known to me
to be the person s@ whose name() Ware subscribed to the within
instrument and acknowledged to me that be /Ore /they executed the same in WOW/their
authorized capacity , and that by IN//r/their signature°s on the instrument the
persoq , or the entity upon behalf of which the persole acted, executed the instrument.
WITNESS my hand and official seal.
Signature
NB 1:404946.2 5
(Seal)
JOAN REVAK
Commission 01119205
Notary Public — Cantata's
Orange County —
My Comm Expires Oea 8, MO
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Exhibit C
GRANTOR PARCEL
All that certain land situated in the State of California, County of Orange, City of Costa Mesa,
described as follows:
That portion of Lot A of the Banning Tract, in the Rancho Santiago De Santa Ana, as shown on a
map attached to the report of the Referees filed April 14, 1890 in Case No. 6385 in the Superior
Court of the State of California, in and for the County of Orange, being an action for partition
entitled "Hancock Banning and others Vs. Mary H. Banning," described as follows:
Commencing at the intersection of the Northerly line of Fairview Farms, as shown on a map
recorded in book 8, pages 71 and 72 of Miscellaneous Maps in the office of the County Recorder
of said Orange County, with the centerline of Harbor Boulevard; thence North 89° 59' 17" East
1147.24 feet along said Northerly line to the Southwest corner of Tract No. 2750 as per map
recorded in book 91, pages 1 through 5 inclusive of Miscellaneous Maps in the office of the
County Recorder of said County of said Orange County; thence along the boundary line of said
Tract No. 2750, North 0° 00' 43" West 237.00 feet; thence North 28° 21' 48" West 394.84 feet
to the beginning of a tangent curve concave Easterly and having a radius of 580.00 feet; thence
Northerly 94.94 feet along said curve, through a central angle of 9° 22' 45 "; thence South 89°
59' 17" West 618.79 feet to the true point of beginning; thence North 0° 14' 00" East 391.94
feet, parallel with said centerline of Harbor Boulevard; thence South 89° 59' 17" West 300 feet
to the centerline of Harbor Boulevard, 391.94 feet; thence North 89° 59' 17" East 300 feet to the
true point of beginning.
EXCEPT therefrom, an undivided 40% interest in and to all oil and mineral rights but without
the right of entry to the surface thereof to a depth of 500 feet of said land, as granted to Peoples
Investment Corporation, a corporation, by instrument recorded February 14, 1958 in book 4197,
page 173 of Official Records of Orange County.
ALSO EXCEPT therefrom, an undivided 60% interest in and to all oil and mineral rights, but
without right of entry to the surface or to the subsurface thereof to a depth of 500 feet of said
land, as granted to Palm Investment Corporation, a corporation, by instrument recorded
February 14, 1958 in book 4197, page 177 of Official Records of Orange County.
ALSO EXCEPTING therefrom all water rights, claims or title to water, whether or not shown by
the public records.
NB1:404946.2
C -1
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EXHIBIT "A"
IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, BEING A PORTION OF PARCEL 3 OF A MAP FILED IN
BOOK 31, PAGE 24 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EASTERLY 10.00 FEET OF THE SOUTHERLY 65.00 FEET
OF SAID PARCEL 3.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT `B" AND
BY THIS REFERENCE MADE A PART HEREOF.
THIS DOCUMENT, CONSISTING OF TWO PAGES,
WAS PREPARED BY ME ON JANUARY 7,1999.
PAUL A. CUOMO, P.L.S. 4136
EXP. 6/30/00
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60.00'
r•
s'LY LINE
PARCEL .3
EXHIBIT "B"
1
E'LY LINE.
VA RC EL .3
10.00
EASEMENT PA1 CEL
NEs9°59'I`]"E. 300.40'
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EU
O
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Easement Agreement dated
MARCH 11, 1999 by PHILIP E. OLSON and MARCIA L. OLSON, husband and
wife, and the COSTA MESA SANITARY DISTRICT, is hereby accepted by order of the
Board of Directors of the Costa Mesa Sanitary District on. theil -- d0:,9f MARCH.
1999, and the grantee consents to the recordation thereof by- lts`duiy,suthorii officer.
By:
DATE: `Maitta— 1 l 1 1 q619
Secretary,' iv:- Mesa _Sarsta`y District
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Clerk o _ Costa Mesa Sara aky District