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Easement - SOUTH COAST PLAZA - 2/21/1968FEBRUARY 20, 1968 MR, J. tVY!_ I E CARLYLE COUNTY R! ZOR W, P. 0e Box 23C SANTA ':N,� , CI L I F • ;rs::'s p 92702 DEAR MR. CARLYLE: AFTER DLETE;MINING 1'1 T TAX IS DUE ON THE LEf C: _OSLD Gr Aj\ T OF EASa EN T FROM SO -I e ? COAST PLAZA TO ' nE ' COI$TA VISA SAN I T ; AY ' I TF: I CT, VJOULD YOU PLEASE - .ACE IT ON RECORD AND RETURN TO ME, !HANK Yr1 JA ENCLOSURE YOURSVERY TRULY, Wis.) JANE ANG L ASSISTANT SECRETARY Co Li Nr-ry co 130441 Q OFFICE OF THE COUNTY RECORDER Costa Mesa Sanitary Distriot PO 00 Box 1200 COSTA MESAS Calif 92627 J. WYLIE CARLYLE COUNTY RECORDER TELEPHONE: 834 -2500 AREA CODE 714 HALL OF RECORDS 212 WEST EIGHTH STREET P. O. BOX 236 SANTA ANA, CALIFORNIA 92702 Feb0 190 1968 Nos 76 We are returning UNRECORDED GrAn. of Easement together with your remittance of eo Cash Check MO because there is reason to believe the transaction may be subject to tax under the Documentary Stamp Act. The County Recorder is prohibited from recording any deed, instrument, or writing subject to the tax unless stamps in the value of the tax are affixed thereto. Will you kindly review the information on the enclosed summary showing examples and illustrations of conveyances subject to tax and conveyances not subject to tax. If your examination of the law shows a tax is due, determine the amount of tax according to the net amount of the sale from the table on the reverse, write the amount clearly on the document, and return the docu- ment with a check or money order for the purchase of tax stamps and another check or money order for the recording fee. We will affix stamps to the document in accordance with your instructions. If you determine the document is not subject to tax, type or print "No Tax Due" in the area at the top of the document normally reserved for affixing tax stamps and return with the recording fee. The recording fee will be $ If you need further information, please call 834 -2500, Extension 834 -2520 or 834 -2870. Sincerely, J. Wylie Carlyle, County Recorder Deputy STATE ( COUNTY ) DOCUMENTARY STAMPS TO BE AFFIXED ON SALES OF REAL PROPERTY CONVEYED ON AND AFTER 1/1/68 Stamps are printed in 17 basic denominations in multiples of $0.55 per $500 net transfer value for convenience in affixing the fewest number of stamps. In addi- tion to the 15 amounts starred, stamps of $110 and $550 are available. Net Value or Consideration Total Net Value Affix Stamps Tax or Consideration $ 101 - $ 500 *$0.55 $0.55 $25,001 - $25,500 501 - 1,000 * 1.10 1.10 25,501 - 26,000 1,001 - 1,500 * 1.65 1.65 26,001 -- 26,500 1,501 - 2,000 * 2.20 2.20 26,501 - 27,000 2,001 - :2,500 * 2.75 2.75 27,001 - 27,500 2,501 - 3,000 * 3.30 3.30 27,501 - 28,000 3,001 - 3,500 * 3.85 3.85 26,001 - 26,500 3,501 - 4,000 * 4.40 4.40 28,501 - 29,000 4,001 - 4,500 * 4.95 4.95 29,001 - 29,500 4,501 - 5,000 * 5.50 5.5o 29,501 - 30,000 5,001 - 5,500 5.50 & 0.55 6.05 30,001 - 30,500 5,501 - 6,000 5.50 & 1.10 6.60 ; 30,501 - 31,000 6,001 - 6,500 5.5o & 1.65 7.15 31,001 - 31,500 6,501 - 7,000 5.5o & 2.20 7.70 31,501 - 32,000 7,001 - 7,500 5.50 & 2.75 8.25 32,001 - 32,500 7,501 - 8,000 5.50 & 3.30 8.80 32,501 - 33,000 c,001 - 3,500 5.50 & 3. .5 9.35 33,001 - 33,500 8,501 - 9,000 5.5o & 4.4o 9.90 33,501 - 34,000 9,001 - 9,500 5.50 & 4.95 10.45 34,001 - 34,500 9,501 - 10,00o *11.00 11.00 34,501 - 35,000 10,001 - 10,500 11.0o & 0.55 11.55 35,001 - 35,500 10,501 - 11,000 11.00 & 1.10 12.10 35,501 - 36,000 11,001 - 11,500 11.00 & 1.65 12.65 36,001 - 36,500 11,501 - 12,000 11.00 & 2.20 13.20 36,501 - 37,000 12,001 - 12,500 11.00 & 2.75 13.75 : 37,001 - 37,500 12,501 - 13,000 11.00 & 3.3o 14.30 37,501 - 38,000 13,001 - 13,50o 11.00 & 3.85 14.85 '= 38,001 - 38y500 13,501 - 14,000 11.00 & 4.4o 15.40 38,501 - 39,000 14,001 - 14,500 11.00 & 4.95 15.95 39,001 - 39,500 14,501 - 15,000 11.00 & 5.50 16.50 39,501 - 40,000 15,001 - 15,500 11.00 & 5.5o & 0.55 17.05 40,001 - 40,50o 15,501 - 16,000 11.00 & 5.50 & 1.10 17.60 40,501 = 41,000 16,001 - 16,500 11.00 & 5.50 & 1.65 18.15 : 41,001 - 41,500 16,501 - 17,000 11.00 & 5.50 & 2.20 18.70 41,501 - 42,000 17,001 - 17,500 11.00 & 5.50 & 2.75 19.25 42,001 - 42,500 17,501 - 18,000 11.00 & 5.50 & 3.30 19.80 42,501 - 43,000 18,001 - 18,500 11.00 & 5.50 & 3.85 20.35 43,001 - 43,500 18,501 - 19,000 11.00 & 5.50 & 4.4o 20.90 43,501 - 44,000 19,001 - 19,500 11.00 & 5.5o & 4.95 21.45 44,001 - 44,500 19,501 - 20,000 *22.00 22.00 44,501 - 45,000 20,001 - 20,500 22.00 & 0.55 22.55 45,001 - 45,500 20,501 - 21,000 22.00 & 1.10 23.10 3 45,501 - 46,000 21,001 - 21,500 22.00 & 1.65 23.65 46,001 - 46,500 21,501 - 22,000 22.00 & 2.20 24.20 46,501 - 47,000 22,001 - 22,500 22.00 & 2.75 24.75 47,001 - 47,500 22,501 - 23,000 22.00 & 3.30 25.30 47,501 - 48,000 23,001 - 23,500 22.00 & 3.85 25.85 48,001 - 48,500 23,501 - 24,000 22.00 & 4.4o 26.40 48,501 - 49,000 24,001 - 24,500 22.00 & 4.95 26.95 49,001 - 49,500 24,501 - 25,000 22.00 & 5.50 27.50 49,501 - 50,000 (Compute larger Total Affix Stamps Tax $22.00 & 3.50 & 0.55 $28.05 22.00 & 5.50 & 1.10 28.60 22.00 & 5.50 & 1.65 29.15 22.00 & 5.50 & 2.20 29.70 22.00 & 5.50 & 2.75 30.25 22.00 & 5.50 & 3.30 30.80 22.00 & 5.50 & 3.65 31.35 22.00 & 5.50 & 4.40 31.90 22.00 & 5.50 & 4.95 32.45 *33.00 33.00 33.00 & 0.55 33.55 33.00 & 1.10 34.10 33.00 & 1.65 34.65 33.00 & 2.20 35.20 33.00 & 2.75 35.75 33.00 & 3.30 36.30 33.00 & 3.85 36.25 33.00 & 4.40 37.40 33.00 & 4.95 37.95 33.00 & 5.5o 38.50 33.00 & 5.50 & 0.55 39.05 33.00 & 5.5o & 1.10 39.60 33.00 & 5.5o & 1.65 40.15 33.00 & 5.50 & 2.20 40.70 33.00 & 5.50 & 2.75 41.25 33.00 & 5.50 & 3.30 41.80 33.00 & 5.50 & 3.85 42.35 33.00 & 5.50 & 4.40 42.90 33.00 & 5.50 & 4.95 43.45 *44.0o 44.00 44.00 & 0.55 44.55 44.00 & 1.10 45.10 44.0o & 1.65 45.65 44.0o & 2.20 46.20 44.0o & 2.75 46.75 44.00 & 3.3o 47.30 44.00 & 3.85 47.85 44.00 & 4.4o 48.40 44.00 & 4.95 48.95 44.00 & 5.50 49.50 44.00 & 5.50 & 0.55 50.05 44.00 & 5.5o & 1.10 50.60 44.00 & 5.50 & 1.65 51.15 44.00 & 5.5o & 2.20 51.70 44.00 & 5.50 & 2.75 52.25 44.00 & 5.50 & 3.30 52.80 44.00 & 5.5o & 3.85 53.35 44.00 & 5.5o & 4.4o 53.90 44.00 & 5.5o & 4.95 54.45 *55.00 55.00 ounts at $0.55 each ',500) 4 SUMMARY OF CALIFORNIA DOCUMENTARY STAMP ACT (Sections 11901 - 11935 Rev. & Tax. Code; Orange Co. Ord. No. 2183 Effective January 1, 1968 This tax continues the U.S. Documentary Stamp Tax on conveyances of real property that was operative for many years before being terminated December 31, 1967, by act of Congress. The California Legislature adopted a Documentary Stamp Act effective January 1, 1968, imposed at the same rate and essentially under the same regulations as the U.S. Stamp Tax but with the revenue collected to be distributed between the county and the cities in the county. Stamps must be purchased from the County Recorder in the county where the property is located. They are good only in the county where purchased. The tax is imposed on each deed, instrument, or writing by which any lands, tene- ments, or other realty sold within the county shall be granted, assigned, trans- ferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction. The tax is at the rate of $.55 for each $500 or fractional part thereof when the net consideration exceeds $100 exclusive of the value of any lien or encumbrance remaining thereon at the time of sale. The net consideration means the amount of new money needed to purchase property: Example No. 1 Sale price $20,000 Less existing trust deed assumed by purchaser - 15,000 Amount taxable $ 5,000 Tax due ( see table) $ 5.50 Example No. 2 Sale price $20,000 Trust deed of $15,000 paid off and new $15,000 loan - 0 Amount taxable $20,000 Tax due ( see table) $ 22.00 The tax is due at the time of delivery of the conveying document. During the tran- sition period from the Federal tax after January 1, 1968, it will be assumed that delivery is at the time of recording and the California Stamp tax is due unless the document bears a statement that delivery was made at an earlier date. The amount of tax due shall be shown on the document or in a separate document. If the party submitting the document for recordation so requests in the separate docu- ment, stamps in the amount of the tax shall be affixed to the document by the Recorder after the permanent record is made and before the original is returned. The game of the city of "unincorporated" must be shown in the document along with the description of property being conveyed to permit proper distribution of revenues. The tax shall be paid by any person who makes, signs, or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed, or issued. Exemptions are set forth in Sections 11921 through 11925 of the Revenue and Taxation Code. Exemptions include instruments in writing given to secure a debt and trans- actions between governmental agencies. Illustrations of conveyances subject to tax or not subject to tax are listed on the Teverse. ILLUSTRATIONS OF TAXABLE OR NON =TAXABLE PROPERTY TRANSFERS Not an Exclusive List CONVEYANCES SUBJECT TO TAX: 1. Conveyance of realty (net consideration m see examples on reverse). 2. Conveyance of realty in exchange for other property; also, the conveyance of other property, if it is realty. 3. Conveyance of realty in consideration of life maintenance (computed on net value of realty conveyed). 4. Conveyance of realty by judicial sale; i.e., certificate of sale which is subject to redemption: sheriff's or marshal's certificate of sale (computed on amount bid plus costs if paid by the purchaser). (Deed issued at end of redemption period is not subject to tax). 5. Conveyance in lieu of foreclosure (computed on amount of unpaid mortgage debt plus accrued interest). 6. Conveyance of realty by judgment or decree of condemnation or conveyance under threat of condemnation. 7. Conveyance of realty to a corporation in exchange for shares of its capital stock. 8. Conveyance of realty by a corporation in liquidation or in dissolution to its shareholders, if not made for the sole purpose of cancellation of the stock 9. Conveyance of realty by a partner to the partnership as a contribution of partnership assets. 10. Deed to standing timber and to mines. 11. Conveyance of real estate sold to or by the United States or other governmental body (other party pays tax). 12. Oil and gas lease for an indefinite period. (Usual form of lease runs for a period of years and for an indefinite period thereafter, such as "and so long thereafter as oil is produced ".) 13. Conveyance of water rights. 14. Assignment of oil and gas lease, if separate from fee title. CONVEYANCES NOT SUBJECT TO TAX: 1. Conveyance to secure a debt (trust deed, mortgage, etc.). 2. Reconveyance upon payment of debt. 3. Conveyance of realty without consideration: gift deed, or consideration of "love and affection ". 4. Gift of realty by husband to his wife, through "straw man" who immediately reconveys the property to the wife. 5. Deed to or by a trustee not pursuant to a sale. 6. Deed to confirm title already vested in grantee, such as quitclaim deed to correct a flaw in title. 7. Deed given by an executor in accordance with the terms of 8. Deed from an agent to his principal conveying real estate funds of the principal. 9. Option for purchase or contract for sale, if the contract title, 10. Partition deeds, unless for consideration, some of the parties take shares greater in value than their undivided interests. 11. Ordinary leases of real property for a definite term of years. 12. Deed to a trustee for the benefit of creditors. 13. Conveyance to a receiver, and reconveyance of the realty upon termination of the receivership. 14. Transfer of real estate in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation. 15. Where all parties to a taxable conveyance are exempted governmental bodies. 16. Certain changes in corporate reorganization and in partnerships as set out in Revenue & Taxation Code, Section 11923 -4 -5, and County Ordinance No. 2183. the will. purchased for and with does not vest legal FREE e1 11929 GRANT OF EASEMENT BCC' 8523 `'Et 845 NO MAX DUE RECORDED AT REQUEST OF Costa Mesa Sanitary Dist IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIF. 9:05 AM FEB 21 1968 i 9. VI LIE CARLYLE, County Recorder SOUTH COAST PLAZA, a California partnership, Grantor, for a valuable consideration, does hereby grant to COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, a public corporation, Grantee, for the purposes hereinafter set forth and for such pur- poses 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 refer- ence. 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, altering and /or removing therefrom a public sewer, or sewers and appurtenances. 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. Grantor may require Grantee to change or relocate Grantee's said facilities in the area of such easement and right -of -way and /or any equipment incidental thereto, which Grantee agrees to do at Grantor's expense. In the performance of any of the work which Grantee is authorized or required to perform in the area of such easement and right -of -way, Grantee shall avoid any damage or interference with other installa- tions or facilities in the areas of such easement or right -of -way, it being understood that the easement and right -of -way hereby granted is subject to common use with others to whom Grantor may from time to time grant easements and rights -of -way in the same property. Grantee accepts the easement and right -of -way with the knowledge Mail to: Costa Mesa Sanitary District City X11 P0O0Box 1200 Costa Mesa California. BC; "16523 PA H' 846 that Grantor intends to improve the surface area of the easement herein granted for street purposes. In making any installations or in the performance of any work, Grantee shall adquately protect its installations against such use. 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 ease- ment. In making any use of the easement, Grantee shall: (a) Make adequate provision for the safety and conven- ience 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) Diligently pursue to completion any maintenance or alteration work commenced; (d) Secure Grantor's written permission before storing any equipment or material anywhere upon the surface of such area for a period in excess of one week. (e) 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 consideration of the foregoing Grant, Grantee by its accept- ance 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 -2- 1 • $ac 8528 FACE 847 any time and from time to time installed, constructed or maintained pursuant to this grant. Should this easement and right -of -way cease to be used by Grantee for a continuous period of two (2) years, it shall automatically terminate. Grantee agrees to execute and deliver a quitclaim upon termination of this easement and right -of -way. IN WITNESS WHEREOF, this instrument is executed this 6th day of February , 1968. STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) SOUTH COAST PLAZA On February 6, 1968, before me, the undersigned, a Notary Public in and for said State, personally appeared Harold T. Segerstrom, Veronica P. Segerstrom, Henry T. Segerstrom, Yvonne de C. Segerstrom, Harold T. Segerstrom, Jr. and Jeanette E. Segerstrom known to me to be six 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. I, L_4`/ Mary E. ryes, No ary blic My Commission Expires Feb. 27, 1969 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) :ARV E. KEYES :.Vo,,A'rt;= NOTARY PUBLIC - CALIFORNIA fz'N'd` PRINCIPAL OFFICE IN ORANGE COUNTY On February 6, 1968 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Henry T. Segerstrom, known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of Nellie Ruth Segerstrom and acknowledged that he subscribed the name of Nellie Ruth Segerstrom thereto as principal and his own name as Attorney in Fact. WITNESS my hand and official seal. Mary E. eyes, Notary Publ i c My Commission Expires Feb. 27, 1969 -3- P.:ARY E. KEYES NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY CERTIFICATE OF ACCEPTANCE B CK 8523 PAGE 848 This is to certify that the interest in real property conveyed by Deed of Right of Way dated Fes, ?(J) L/X /9-g from 9z9, LA.� ipa ,eryG4 X04 ,eryyezersx-fC1° to the COSTA MESA SANITARY DISTRICT, is hereby accepted by order of the Board of Directors of the Costa Mesa Sanitary District on the 7r,44 day of �"E e,P u.9.e y , 196g and the grantee consents to recordation thereof by its duly authorized officer. •, �6 /7r ,4 ecretary, osta Mesa ani ary is BY Assip t ecre ary, to Mesa Sanitary District • • K ETC t4 TO ACCOMPANY A LEGAL. DESCRIPTdONl . PREPLs.R.o FOR 5OUT14 GOt T PI-L1.% 331Gj F- L∎lRV1EW ROLvO GoSTn. • MMao QGL\L1F -ORN1A r W 1- J 0 a .W PREPL\RCo c3Y s 1.IENNt NGS %ANL°ew1- eILsN-Ckoo b33 E. 1-7 -v Si'REET SL∎NTA. 4.1.:■ , FoRN\A ... ••t. .co ter- u 8 9 ° c co' oe-7 "W tIRO.151,1.Liv-is L. -r o Q 0 2 90.0ot-i 1•184°00 07W •O 0 O co L. Crr (0 N 4 1 D 'CL`L.E rs• -e% 5 6 492.01' ,� IJ 84 ° o co' o-7"14/ 0 0 0 1(' I. . . uI . n 00 0 22.50. 1.189 °Oes. o7"VV 2.122 4.7 1J jj9 ° o& O"7"W 400 i' 0 N ' 00 2 N 00 0 1 Cla Joc� 1S° 993 -2 -7 JUL `C 20, 197 tot JOB No. 993 2-7 LEGAL DESCRIPTION UTILITY EASEMENT 8523 A NON EXCLUSIVE EASEMENT OVER THAT PORTION OF LOTS 3, 4, AND 5, TRAIT No. 6358, !N THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 233, PAGES 16 ANO 17, OF MISCELLANEOUS MAPS RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, THENCE ALONG THE *EST LiNt THEREOF NORTH 00° 53' 53" EAST 24.00 FEET; THENCE, PARALLEL TO THE SOUTH LINE OF SAID LOT 3, SOUTH 89° 06' 07" EAST 492.01 FEET; THENCE, PARALLEL TO AND 30.00 FEET DISTANT FROM THE EAST LINE Of LUIS 3 AND 4, SouTH 00° 29' 15" EAST 48.01 FEET; THENCE, PARALLEL TO ANO 24.00 FEET FROM THE NORTH LINE OF SATO LOT 4, NORTH 89° 06' 07" WE5T 380.37 FEET TO A PLiliT 112.80 FEET EASTERLY OF THE NEST LINE OF SAID LOT 4; THENCE, PARALLE4 TD THE WEST LINE OF SAID LOTS 4 AND 5, SOUTH 00° 53' 5311 WEST 23:J.00 FEET; THENCE, PARALLEL TO THE NORTH LINE OF AND 64.00 FEET SOUTH OF THE NORTH LIME OF SAID LOT 5, NORTH 89° 06' 07" WEST 22.80 FEET; THENCE, PARALLEL TO AND 90 FECI EAST OF THE WEST LINE OF SAID LOTS 4 AND 5, NORTH 000 53' 53" EAST 230.00 rtET TO A POiN' *RICH IS 24.00 FEEL SOUTHERLY OF THE NORTH LINE OF SAID LOT 4; THENCE, PARALLEL TO SAID NORTH LINE Of LOT 4, NORTH 89° 06' 07" NEST 90.00 FEET TO THE wEST LINE OF SAiG LOT 4; THENCE, ALONG SAID *EST LINE NORTH O0* 53' 53" EAST 24,00 !&:ET TO THE POINT OF SEGiNNING. ,:E NNINGS"HALOERMAN -HOOD 20 July 1967 LRM:JI 849