Easement - SEARS SOUTH COAST PLAZA - 12/16/1966•
MAIL TO:
COST: T ,S_"_ SPIJITLRY DISTRICT
P. 0. BOX 1200 •
COST:_ MESA, CAL.IFORFIA
9144 B:c. 8 129 ,ACE 747
GRANT OF EASEMENT
.•., SEARS, ROEBUCK AND CO., 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 easement 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'' 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, inspecting and /or
removing therefrom sewage lines and appurtenant underground
structures with any and all conne.ctions.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 ease-
ment 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 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
knowledge that Grantor intends to improve the ground area of
the easement herein granted and to use the same for motor vehicle
1.
• . a
4
B ; C. 8129 748
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
improvements 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
facilities 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.
In its use of the easement and right of way herein
granted, Grantee shall not permit any claim, lien or other
encumbrance arising 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 WITNESS WHEREOF, this instrument is executed this
tok day of October, 1966.
Jo 'n . +yheeler
Asst. Secretary
SEARS, RO UCK AND CO.
By
A. M. Wood
Vice Presiden c-
2 lam ,.d '�- •
rr v A •
r> i•
BOOK 8129 PAGE 750
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed
of Right of Way dated October 10, 1966fron Sears, Roebuck, and Company
to the COSTA MESA SANITARY DISTRICT, is
hereby accepted by order of the Board of Directors of the Costa Mesa Sanitary
District on the 7th day of December , 196.6 and the grantee consents
to recordation thereof by its duly authorized officer.
DATE: «�,- tau -z� /s— /7 d
Ellis Porter
Secretary
..w .' `p,.. -
V ° O•
Costa Mesa Sanitary Distt i, e, k : z.. -
by \�(, 2 C. i ley �.-.c y v ° +'•e•; ,4z:".;......
,�y t
Ass3s ant Secretary, C,•6sta:M & °°-a00
Sanitary District ''-i,:.,,,,.,..,'
• `o14-Uc_ti,
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
On this 7
8:..c. 8 l 29 .':749
day of Catsaliteir,
19 66,
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared A. M. WOOD,
President, and
to me to be the
, known to me to be the
JOHN L. WHEELER,
Asst. Secretary of
SEARS, ROEBUCK AND CO.,
Vice
known
the corporation that executed the within instrument, known to
me to be the persons who executed the within instrument on
behalf of the corporation therein named, and acknowbledged.to
me that such corporation executed the same.
WITNESS my hand and official seal.
SEAL
Notary Public i and for
said County and State
Mat thaw R. Crutchfield 1
., is ! .-- '•II • •,ee I'UFILIC CALIFORNIA 1
1.,.0 --:'• •� I: i'JC 1: 4i I ICr If -
;u,.' L'): ANGEL C'.=1 COUNTY
L. r Commission Expires Akgu 26, 1969
IRE
RECORDED ATREQU =T OF
IN OFFICIAL ECORD OF
ORANGE COUNTY, CALIF.
9:05 AM DEC 16 1966
J. WYLIE CARLYLE, County Recorder
DESCRIPTION
SANITARY SEWER EASEMENT
IN THE SEARS PARCEL OF
SOUTH COAST PLAZA SHOPPING CENTER
Bco;; 8129 r;;cE 751.
PARCEL A
A strip of land, 10.00 feat in width, lying within Section 35,
Township 5 South, Range 10 West, S.B.B.SM., in the land allotted to Jamas
KoFa 1 on 9 in Decree of Partition of the Rancho Sa nt is ro De Santa Ana,
recorded in Book "B" of Jud7irmnts of the 17th Judicial District Court of
Loci Angeles County, in the City of Costa Mesa, County of Orange, tho center
line of which io more particularly described as follows:
Beginning at the intersection of the center line of Sunflower Avenue
with the center line of Bristol Street, as said intersection is describcd
in Q deed of right of way, recorded February 21, 1952 in book 2290, pare
510 of Official Records; thence out along the center line of Bristol
Stwooto 604.00 feet; thence West, 407.99 feet to the true point of beginning,
said pipit being in the certain course described an "Fast 378.00 feet" in
e dead to Sams, Roebuck and Co., a t!gw YorY Corporation, recorded January
20e 1065 in book 7396, page 5465 of Cfficiel Records of said Grange County,
Maid point also being on the center line of an existing 8" sewer main;
thane North, along the centerline of said 8" sower main, 228016 feet to
the enter of an existing Dewar manhole; thence t5est along the center line
of an minting 8" sower stain, 581.00 foot to a point 5.00 feet tdoet of the
center of an existing sewer ranhole.- --
EXHIBIT '"A"
p
December 15, 1966
Mr. J. Wylie Carlyle
County Re co rde r
County of Orange
P. 0. Box 238
Santa Ana, California
Dear Mr. Carlyle:
follows:
Enclosed are two Right of Way Deeds as
From: South Coast P aza
Sej rs, P.oebuc & Company
To: Cosa Mesa Sani dry District
Please plac& the above Deeds on record
and ret to:
Costa Mesa Sanitary District
P. 0. Box 1200
Costa Mesa, California
Thank you.
ja
Enclosures
Yours very truly,
(Mrs.) Jane Angel
Assistant Secretary
WINMAR
REALTY
. DEVELOPMENT
COMPANY, INC.
Mr. Emmett O'Donnell
City of Costa Mesa
P.O. Box 317
Costa Mesa, California
Dear Mr. O'Donnell:
United California Bank Building
1010 N. Main St. Suite615
Santa Ana, California 92701
Area Code 714 543 -9358
November 10, 1966
Subject: SOUTH COAST PLAZA
Costa Mesa, California
Sanitary Easement JR- 6B- la(4 &5)b
Enclosed herewith is an executed Grant of Easement from Sears
Roebuck & Co. to the Costa Mesa Sanitary District.
JJJskw
encl.
Very truly yours,
SEATTLE o NEW YORK • BOSTON • CLEVELAND • DENVER • LOS ANGELES • SAN FRANCISCO
/> iy-r -.7
e 'From the deskof....
ROY JUNE
12/14/67
TO: Jane Angel
I am enclosing a copy of the easement
description and the sketch which may be
made a part of the easement deed from the
Segerstroms to the Costa Mesa Sanitary Dist.
You will recall that there was some
confusion about two easement deeds. Apparently
when we returned the last deed to the Seger -
strom Office for correction and execution the
revised it so that both easement grants are ir
a single document.
It will be proper for you to add this plat
and legal description to the easement grant
as an exhibit. If the easement deed has
already been recorded this legal description
should be added and the grant should be
re- recorded.
REJ:bk
Attach.
MAIL TO:
`rte COSTA I S' C: NIT!LEY DISTRICT 1 9043
e_ - P. O. BOX 1200
COSTA 11=S:, C "_LIFORNIA
November
GRANT OF EASEMENT
BCC' 8 29 745
THIS INDENTURE, made and entered into this 7th
, 1966, by and between
day of
SOUTH COAST PLAZA, a Partnership
Grantor, and Costa Mesa Sanitary District of Orange County, Cali-
fornia, a public corporation, Grantee.
WITNESSETH: For a valuable consideration the Grantor does hereby
grant unto the Grantee the easement and right of way to establish,
construct and maintain for all time a public sewer or sewers and
appurtenances in, through, on and along that certain real property
situated in the County of Orange, State of California, more particu-
larly described as follows:
A portion of the West half (W 1/2) of Section 36, Township 5
South, Range 10 West, S.B.M., being a permanent easement,
10 feet in width, lying 5 feet on each side of the following
described centerline:
Beginning at a point on a line parallel to and 70 feet
westerly of the centerline of the Santa Ana - Delhi Flood
Control Channel, said point being 873.50 feet northerly
of the centerline of Anton Boulevard; thence westerly
and parallel to the said centerline of Anton Boulevard
400 feet.
Also a permanent right of access to said easement.
THIS GRANT is made by the Grantor under the full understanding and
condition that the Grantee, by acceptance of this grant, has the
right to remove all things thereon that interfere with the purpose
for which said easement is granted. Further, it is agreed by the
Grantor that any structure placed upon, or tree, plant or shrub
planted on, along, or adjacent to said easement which injures the
sewer or interferes with the maintenance thereof shall be removed
by the Grantor at his /her /its expense when notified in writing to do
so by the Grantee. Further, it is understood that connections to
such public sewer or sewers constructed on the real property described
above may be made only upon strict compliance with such rules and
regulations as Grantee shall adopt from time to time and keep on file
in the office of its secretary.
TO HAVE AND TO HOLD unto the Grantee forever for the sole object and
purpose of constructing and maintaining thereon a public sewer or
sewers and appurtenances thereto. Grantee's rights shall include the
right to construct and maintain service roads and manholes appurtenant
to said line of trunk sewer pipe which structures may extend above the
surface of the ground.
DATED November 7, 1966
Ii3ECC1C106.0 A•.. .1r`';1;GT OF
LICT
OFFICIAL +irC7.ir.S OF,
enANGIE C0'. }NTY, CALF. I
9:05 AM DEC 1 % 1966
!ME CZILYLE, 4s.riy t_ec,::ttar
FREE
SOUTH COAST PLAZA,
By: .,� --2 l
rod TJ �e - rs �
eronica P. 5-ge s nom
r, i
-d-71
onne de,
e•
•
Segestr:m
Harold T. `S
gd•r trim Jr.
eanette E. Siegerstr
•
STATE OF CALIFORNIA ) ss
COUNTY OF ORANGE )
BCD 8.1 746
On November 7, 1966, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Harold T. Segerstrom,
Veronica P. Segerstrom, Nellie Ruth Segerstrom, Harold T. Segerstrom, Jr.
and Jeanette E. Segerstrom, known to me to be five 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.
Mary E. (Reyes
My Commission Expires Feb. 27, 1969
1,.
ff
P.:ARY E. KEYES
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL Off ICE In
ORANGE COUNTY
STATE OF CALIFORNIA ) SS
t COUNTY OF ORANGE )
On November 7, 1966, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Nellie Ruth Segerstrom, known to
me to be the person whose name is subscribed to the within instrument as the
Attorney in Fact of Henry T. Segerstrom and Yvonne de C. Segerstrom end
acknowledged that she subscribed the names of Henry T. Segerstrom and Yvonne
de C. Segerstrom thereto as two of the partners of the partnership that
executed the within instrument, and her own name as Attorney in Fact.
1
WITNESS my hand and official seal.
Mary E. Keyes
My Commission Expires Feb. 27, 1969.
F,:ARY E. KEYES
NOTARY PUBLIC- CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed
of Right of Way dated
Partnership
November 7, 196q- South Coast Plaza, a
to the COSTA MESA SANITARY DISTRICT, is
hereby accepted by order of the Board of Directors of the Costa Mesa Sanitary
District on the 7th day of
December , 19 6 6 and the grantee consents
to recordation thereof by its dully authorized officer.
DATE: id,
s- /7-(; (•
Ellis Porter
`
Secretary . • �
Costa Mesa Sanitary District ti 60, =r
s ;,
by i, _, (/,,,./..k/ "w.
Assistant Secretary, Costa: tes':14us.i. •••.o••` : '
Sanitary District ;- ,,„ ' 1
1
■
f
STATE OF CALIFORNIA)
•
) SS
COITNTY- 0-E- _0-RANGE ..)- - - - _
On before me, the undersigned, a Notary
Public.in and for said county and state, personally appeared .
known to me to be the person • _ whose name sub.scribed to the
within instrument and aeknowledged'that • executed the same.
I
(Seal)
Name typed or printed
Ss
...,:'Notarya Public in and for. said
County and State..
•
•