Right of Way - SOUTH COAST PLAZA - 10/12/1966South Nog ?lazy
September 28, 19 6 6
Mr. Emmett O'Donnell, Director of Public Works
City of Costa Mesa
P. O. Box 317
Costa Mesa, California
Dear Emmett:
Enclosed is the grant deed conveying to the Costa Mesa Sanitary Dis-
trict the right -of -way across property owned by South Coast Plaza for
the use and maintenance of a sanitary sewer line to serve the South
Coast Plaza Shopping Center.
Will you kindly transmit this document to the Board of Directors of
the Costa Mesa Sanitary District for their approval and acceptance.
After this grant deed has been recorded, will you please furnish us
with the book, page and document number.
Thank you for your personal help in completing this conveyance.
Sincerely,
SOU H COAST PLAZA
Henry i . Segers
HTS:BWS
Encl.
CC: Mr. John Joyce
3315 FAIRVIEW ROAD COSTA MESA, CALIFORNIA 92626 TELEPHONE: (714) 546 -0li0
October 11, 1966
Mr. J. Wylie Carlyle
County Recorder
County of Orange
Pa Oo Box 238
Santa Ana, California
Daar Mr. Carlyle:
Enclosed is a Grant of Ease ,e t from the
South Coast Plaza to the Costa Mesa S 'tary District
for recording.
After recording pease return to
Costa Mesa SanitakvvDistrict
Po Oo Box 1200
Costa�{esa, California
Thank you.
ja
Enclosure
Yours very truly,
Jane Angel
Assistant Secretary
RECORD O Al REQUEST OF
CCST : Ct.NIT .Ry DIS :RICT
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
9:05 AM OCT 12 1966
J. WYLIE CARLYLE, County fftxorder
5920
GRANT OF EASEMENT
BC; :. 8073 .1::.669•;
Mail to: Costa Mesa Sanitary
Dist.
P. 0. Box 1200
Costa. Mesa, Calif.
SOUTH COAST PLAZA, a California partnership,
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 de-
scribed shall be used by Grantee for the purpose of
trenching, laying, constructing, operating, using, re-
pairing, 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. Grantor may require Grantee to change
or relocate Grantee's sewage lines 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 installations in the areas of
such easement or right of way. There shall be no less than
Kr,.. 8073 q,:.:67O
a three (3) foot cover on Grantee's lines.
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 parking, pedestrian access, land-
scaping and other similar purposes. In making any instal-
lation 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 consideration of the foregoing Grant, Grantee
BUc..8073 f c 672
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed
of Right of Way dated k7.�.,0, ,,,_�� �� .- /9� /f� .„4,2,-„,/7/7
i
\ L-L L CL
hereby accepted by order of the Board of Directors of the Costa Mesa Sanitary
to the COSTA MESA SANITARY DISTRICT, is
District on the Ste, day of -e_t--d
19 and the grantee consents
to recordation thereof by its duly authorized officer.
DATE: St.el_edLei i l/ /9<,F�
Secretary = 4 - —
Costa Mesa Sanitary Di ink : ' •°
by - C(,N'L C__ tV fit .'h
Assistant Secretary, Costa'Mes'a. •'
Sanita�y District U ,. : :•: •
r �
1
J
BCC 8073 t..: E 67
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 installed, constructed or maintained pursuant
to this Grant.
Should this easement and right of way cease to
be used by Grantee for a continous period of two (2) years,
it shall automatically terminate and Grantee agrees to
execute a quitclaim therefor.
SIN WITNESS WHEREOF, this instrument is executed
this pi�raday of ��61%44 , 1966.
SOUTH COAST PLAZA
By
By/
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On September 27,
B 8 073 FAcF673
, 1966, before me,
the undersigned, a Notary Public in and for the said
County and State, personally appeared HAROLD T. SEGERSTROM,
VERONICA P. SEGERSTROM, NELLIE RUTH SEGERSTROM. HENRY T. SEGERSTROM,
YVONNE de C. SEGERSTROM, HAROLD T. SEGERSTROM, JR. and JEANETTE E.
SEGERSTROM
known to me to be seven of the partners of the partnership
that executed the within Instrument, known to me to be the
persons who executed the within Instrument, on behalf of
the partnership herein named, and acknowledged to me that
such partnership executed the within Instrument.
WITNESS my hand and official seal.
[SEAL]
4'.7ARY E. KEYES
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
4
said
County of Orange, State of
California.
My Commission Expires Feb. 27, 1969.
Mary E. Keyes, Notary rpublic i n a for
EXHIBIT "A" B 'G± 807'3 A::E 674
PARCEL 1
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:
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,
1505.89 feet; thence West 67.86 feet to the true point of
beginning said point being South 25° 17' 06" East, 5.00
feet from the center of an existing sewer manhole; thence
North 25° 17' 06" West along the center line of an existing
sewer main, 796.34 feet to the center of an existing manhole;
thence North along the center line of an existing 8 inch sewer
main, 101.84 feet to a point in the certain course described
as "East 378.00 feet" in a deed to Sears, Roebuck and Co., a
New York Corporation, recorded January 29, 1965 in book 7396,
page 545 of Official Records of Orange County.
EXCEPTING THEREFROM that portion lying within the San Diego
Freeway right of way as described in a deed, recorded December
2, 1964 in book 7327, page 272 of Official Records.
0.
PARCEL 2
BCC 8073 f E 675.
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:
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, re-
corded February 21, 1952 in book 2290, page 510 of Official
Records; thence South along the center line of Bristol Street,
1437.44 feet; thence West 997.67 feet to the true point of
beginning, said point being the center of an existing 6 inch
sewer discharge main; thence South 9° 21' 45" East along the
center line of an existing 8 inch sewer force main, 377.60
feet to a point in that certain 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.
The side lines of said strip of land, 10.00 feet in width,
shall be lengthened or shortened so as to terminate in said
course described as "West 460.00 feet ".
EXHIBIT "A"
-2 -