Easement - PT Fairway Villas, LLC - 2020-08-14 •
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
Recording requested by IIII!IIIIIIIIII!11111 IIIIIIIIIIIIIIIIIIII11111 11111111 IIII1!II 1111111! NO FEE
Costa Mesa Sanitary District 2020000499191 2:59 pm�09/16/20
227 414A Al2 6
When recorded mail to
Costa Mesa Sanitary District 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00
290 Paularino Avenue,
Costa Mesa, California 92626
- ' C-emit- -
Space above this line is for recorder's use
EASEMENT AGREEMENT (-073
Preamble and Recitals
This Agreement is entered into on flu4 u s - I LI ZPZcby and between PT Fairway Villas,LLC, a
Delaware limited liability company,heIIafter referred to as"Grantor" and The Costa Mesa Sanitary
District, a California sanitary district,hereafter referred to as"Grantee".
A.
Grantor is the owner of certain real property situated in the City of Newport Beach (hereafter
referred to as the"Servient Tenement"), and more particularly described in Exhibits A and B,which
are attached to this Agreement and hereby incorporated by reference.
B.
Grantee is a sanitary district that provides for the transportation of sewage through sewer lines to a
treatment plant. Grantee must provide for safe transportation of that sewage so that spills and
overflows and other safety hazards do not occur. It must maintain its sewer lines by cleaning and
repair to keep those lines safe and operational. It lays its lines in public right of way and sometimes
in private rights of way. It must be able to access its lines for cleaning, repair and possible
replacement.
C.
Grantee desires to acquire certain rights in the Servient Tenement and quitclaim to Grantor the
existing easement by means of a quitclaim deed.
Grant of Easement
1.
For consideration described herein, Grantor grants to Grantee an easement, subject to the terms of
this Agreement.
Character of Easement
2.
The easement granted in this Agreement is in gross.
Description of Easement
3.
The easement granted in this Agreement is an easement for the purpose of installing and maintaining
a sewer line, along with the right to access such line for maintenance, cleaning, repair and possible
replacement.
Secondary Easements
4.
The easement granted in this Agreement includes the following incidental rights: Right of access
through adjoining private property provided reasonable notice is given. In exercising these rights,
Grantee must use reasonable care and may not unreasonably increase the burden on the Servient
Tenement or make any material changes to the Servient Tenement. Grantor agrees to facilitate such
access by not obstructing entry and by not allowing encroachments to obstruct access; including but
not limited to fences, locked gates, trees, and other vegetation. Grantor further agrees not to allow
obstructions and other encroachments to increase Grantee's maintenance and repair costs.
Term
5.
The easement granted in this Agreement shall be for perpetuity for as long as Grantee or a successor
in interest maintains a sewer line in the easement area.
Nonexclusive Easement
6.
The easement granted in this Agreement is nonexclusive. Grantor retains the right to make any use
of the Servient Tenement,including the right to grant concurrent easements in the Servient Tenement
to the third parties,that does not interfere unreasonably with Grantee's free use and enjoyment of the
easement. Grantor agrees not to prevent or restrict access to the easement. Grantor agrees not to build
any structure over the easement without Grantee's consent.
Supersession
7.
This Easement Agreement will supersede and replace the easement described as follow:An easement
for public utilities and incidental purposes, recorded January 28, 1959 as Book 4566, Page 49 of
Official Records. In favor of: Costa Mesa Sanitary District of Orange County,California Affects: As
described therein
Attorneys Fees
8.
If any legal action or proceeding arising out of or relating to this Agreement is brought by either party
to this Agreement,the prevailing party shall be entitled to receive from other party,in addition to any
other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the
action or proceeding by the prevailing party.
Entire Agreement
9.
This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above
easement. Any prior agreements,promises,negotiations, or representations not expressly set forth in
this Agreement are of no force and effect.Any amendment to this Agreement shall be of no force and
effect unless it is in writing and signed by Grantor and Grantee.
Binding Effect
10.
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of Grantor and Grantee, except as otherwise provided in this
Agreement.
Executed on it/417026
GRANTOR GRANTEE
PT Fairway Villas,LLC Costa Mesa Sanitary District
By ` By /
Secretary
Lair M
B
y 1�,�ce
President
' CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of _
gz the individual who signed the document to which this certificate is attached,and not -
the truthfulness,accuracy,or validity of that document.
E State of California )
County of f cxn Q P� )
V
f.
On �. �y � .eforeme, nspkOn'Refninc6A-on(here insert name and titlehe officer)
personally appeared Lacf 6 /V A:C
who proved to me on the basis of satisfactory evidence to be the person,(4whose namefo) is/subscribed to
the within instrument and acknowledged to me that he/Fre/tprey executed the same in his/lyef/thir _
authorized capacity s), and that by his/Iyer/thii(signature„(3)'on the instrument the person;(e'or the entity
upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct. - - - -- -
I ASPYN REMINGTON t
COMM. #2247019 z _
Notary Public-California o
WITNESS my hand and official seal. z' -j o Orange County
.Expires June 21,2022
g VMyComm p
Signature
_ (Seal)
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Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document Additional Information
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of ,eM2nt RI c ee men*. Proved to me on the basis of satisfactory evidence:
0 form(s)of identification 0 credible witness(es)
QUS-} /+�n ^l , Notarial event is detailed in notary journal on:
containing .3 pages,and dated r , �4 t� C) , Page# Entry#
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
❑ Corporate Officer(s)
Titie(s) ❑
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s)of Person(s)or Entity(ies)Signer is Representing
•
0 Copyright 2007-2017 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
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1
EXHIBIT"A"
SEWER EASEMENT LEGAL DESCRIPTION
THAT PORTION OF LOT 30, OF TRACT NO. 456, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 10 FEET WIDE, LOCATED 5 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT ON NORTHWESTERLY LINE OF SAID LOT 30, SAID POINT
BEING NORTH 39°48'45"EAST 155.00 FEET FROM THE WESTERLY CORNER OF SAID
LOT, THENCE SOUTH 50°13'28" EAST 69.58 FEET;
THENCE SOUTH 49°55'12"EAST 50.00 FEET;
THENCE SOUTH 72°57'46" EAST 52.08 FEET;
THENCE SOUTH 53°37'11"EAST 89.35 FEET;
THENCE SOUTH 33°27'27" WEST 36.33 FEET.
ATTACHED AND MADE A PART HEREOF IS EXHIBIT"B".
PREPARED BY: ti<`'-Ps,,
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MICHAEL BENESH, LS 5649 DATE
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Exhibit "B"
SEWER EASEMENT PLAT
AT if SANTA ANA AVENUE
7y- _ N 39'48'45" E 251.04' --/I\
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Cl , - N 39'48'45" E 246.11'
Cl ICt 155.00' '1171N,,
ASIS OF BEARINGS 4., 1 T P.O.B
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ARE BASED ON THE BEARING SNI,k0I I i
Q OF THE NORTHWESTERLY SIDE �1`r? ( I
O OF SANTA ANA AVE, BEING ,�G I I I
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' TRACT NO. 456, M.M, 17/9 5.00'-- 1 5,00' I
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MICHAEL BENESH, LS 5649 DATE 9 OF cAL1�