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Contract - OC Sanitation - 2007-06-27 ,I`1, RECORDING REQUESTED � BY AND RETURN TO clef`` t;` Official Recorded in Ocial Records, Orange County ORANGE COUNTY SANITATION DISTRICT 1111111111111111111111118111111111111111111111111111111111M 11111111111 NO FEE Fountain Valley California 92728 2007000451438 02:28pm 07/20101 116 159 E02 11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space Above This Line for Recorders Use) A' Exempt—California Government Code Section 6103 CticLt. (P—/3 / GRANT OF PROPERTY RIGHTS IN SEWER PIPELINE \\) AND ASSIGNMENT OF ACCOMPANYING EASEMENT RIGHTS FROM ORANGE COUNTY SANITATION DISTRICT TO THE COSTA MESA SANITARY DISTRICT THIS AGREEMENT is made and entered into this 27th day of June, 2007 by and between Orange County Sanitation District, a public corporation, ("Grantor')and Costa Mesa Sanitary District, a district established under the Sanitary District Act of 1923 ("Grantee"). Grantor is a regional operator of sewage collection facilities. In the late 1990s, the Grantor ° constructed new regional sewers that made an older system, called the Airbase Trunk Sewer System, unnecessary for regional purposes The Airbase Trunk Sewer System still serves as a sewage collection system for localized areas within Grantee's service area. In 2004, under a project known as Abandonment of Airbase Trunk Sewer Watson' Grantor has abandoned certain unnecessary portions of the Airbase Trunk Sewer and constructed a new smaller sewer to serve the local area Grantor also rehabilitated a portion of the Airbase Trunk Sewer between Harbor Blvd. and Cinnamon Ave. Grantor now wishes to transfer all rights In the new smaller sewer and the rehabilitated sewer with its related easement to Grantee. Grantee intends to maintain and operate the sewers as part of its local sewage collection system. NOW THEREFORE BE IT RESOLVED that the Grantor and Grantee agree as follows' 1 Grant of Property Rights in Sewer Pipelines Grantor does hereby grant and convey to Grantee all easements owned by Grantor along with the sewer lines located in those easements and public right of ways and all other associated property rights owned by Grantor which easements, sewer lines and associated property are described and depicted in Exhibits A, B and C attached hereto. The easements, sewer lines and property rights conveyed herein are subject to all covenants, conditions, burdens, restrictions, reservations, and obligations existing as of the date of this grant 2. Warranty of Condition Grantor makes no warranty or representation of any kind, other than as described above, regarding the condition of the sewers, condition of the easements or the suitability of the subject property for any purpose. Grantee has been granted an opportunity to fully inspect the condition of the subject sewers, easements and property and has done so Grantee accepts the sewers, easements and associated property as is' 3. Assignment The benefits and burdens of this Agreement shall be binding upon and inure to all successors-in-interests and assigns of the parties 4. Amendment Any amendment of this Agreement must be in writing, signed, and acknowledged by the Grantor and Grantee and duly recorded in the Official Records of the County Recorder of the County of Orange, State of California. 5. Entire Agreement This Agreement(including any attached Exhibits)contains the entire agreement between Grantor and Grantee regarding the subject matter of the Agreement, including all representations and warranties between them. 6. Notices Notices relating to this Agreement must be in writing and sent to the addresses set forth below. A party may change its address for notices by giving notice as required by this Section. A written notice will be considered given (i)when personally delivered, or(ii)two business days after deposit in the United States Mail as first class mail, certified or registered, return receipt requested with postage prepaid, or(iii)one business day after deposit with a reputable overnight delivery service for next business day delivery or(iv) on the business day of successful transmission by electronic facsimile. The parties' addresses for notices are as follows: To Grantor Orange County Sanitation District Attn: General Manager P O Box 8127 Fountain Valley, CA 92728-8127 To Grantee: Costa Mesa Sanitary District Attn. Manager 628 West 19'"Street Costa Mesa, CA 92627 8. Authority Each party warrants that the individuals who have signed this Agreement have the legal power right and authority to make this Agreement and bind each respective party IN WITNESS WHEREOF this Grant of Easement has been executed by the parties hereto. APPRO ED AS TO FORM COSTA MESA SANITARY DISTRICT .L.,,,,Le.„7 Attorney for Costa Mesa Sanitary By. J District Printed Name: Arthur Perry Title: President Date: May ]O. 2007 COSTA MME SASANITARY DISTRICT By `""/ D'"Wl 1 Cl-t-_, Printed Name: Robert Ooten Title: Secretary Date: May 10_ 2007 ORANGE COUNTY SANITATION DISTRICT BY /i' Print Name /43,ilej`��� rai Title: Chair of the Board of Directors Date: led 7 -61 APPROVED AS TO FORM ORANGE COUNTY SANITATION DISTRICT A • i ' B y. /2602),/2602), #1 0 Brad Hogin Orange County Sanitation District Printed Name: Penny Kyle «`� Title: end--of the Board of Directors Date: (Q/,( ' /a 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT £ ` 04,4-c ::cs ,caz -rrtirc�.. c- eck�. ,� -acrcr04,4Pzcc44cM State of California ss. i County of Orange °. On Nay 10, 2007 before me, Joan Revak, Notary Public i Oa Name and Till of Otte r be 9 'd Doe,Note- Puteel personally appeared Arthur Perry and Robert Ooten Name(s)of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory = evidence li . to be the person& I i P s('� whose name® is� subscribed to the within instrument and i acknowledged to me that he/she/they executed the same in his/her/their authorized KANRE AK capacity a ), and that by his/herG _ A,it)„ C.omnwpbn 0 1525660 signatur on the instrument the person(, or 91 S y..ili f**rypi,ac Calton* _ the entity upon behalf of which the person& °I �S'Ry Oronge County acted, executed the instrument. My Comm.Ivies Dec 6,2006 `I WITNESS my hand and official seal. e it Pla No sty Seal Ahoy Sign t pof Notary Public i OPTIONAL $ ,Z Though the information below is not required by law, it may prove valuable to persons :lying on the document :y and could prevent fraudulent removal and reattachment of this loan to another document f f ' Description of Attached Document Title or Type of Document:Grant of Property Rights in Sever Pipeline & s. it Assignment of Easement Rights from OCSD to the CMSD (California) Document Date: June 27- 2007 Number of Pages. 14 0' sI ,' Signer(s)Other Than Named Above It Capacity(ies) Claimed by Signer t Signer s Name Arthur Perry and Robert Ooten RIGHT THUMBPRINT ? • CI Individual OF SIGNER Tap nl tai th u Corporate Officer—Title(s) E L Partner—❑ Limited ❑General • L Attorney in Fact C Trustee C Guardian or Conservator $i Other President & Secretary of the CNSD sq Signer Is Representing: Costa Mesa Sanitary District (GNSD) 2 k. '°•'CZ'C-C. .occciitsa ' aY.Zxvmic .cetc C+'uetceert nw�..2?2Xs?Z`r<'rva!_LWav 01992 avers]Noe taxation.93350x,Soy,,A PO Boa 402. hwoM. 1322Nd ww nenoanob Nn J• 9 1W•oy Ca -fl968?5g8R? CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I 6.£SLY' ..5`�S. �'� 4'!'.:C +a7f_,C`,�".S.F '4�l'.CC'Gee',6v' -CC.�4<-.&£-4._ti�.6Y'-GY'S1`SC .4`�.:5)' S�S;S. 'S�."aT"�' State of California .}. County of C(�(/ tR A ss. s e iti On i LtM.Q, (27( 01007 before me, L( (LCi- 4 t r1 �[C Da Name nd Tee of()Ric (a g -J Doe.No ary Pubtc" personally appeared ! n Jp , q ite \TQ MPS P, F yr yyi e Name(s)of Sign r(s) C1 personally known to me ice i)4 proved to me on the basis of satisfactory dp, evidence • i to be the person(g) whose name(s) .is/are IRMA � subscribed to the within instrument and SY; CpmYwbn 16720i3 acknowledged to me that :Sate/they executed •;ti*, •":I NelayNt6lc CaMarYO the same in -litislf -/their authorized r \f n/IMVCarOn, � capacity(] ), and that by -bis&F�er/their signature(s) on the instrument the person(s), or il the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ( L- (U B'll-we_ I Pla Nota Seal Alum Signalu of Notary Public isi OPTIONAL Though the n/ormabon below is not required by law, it may prove aluable to persons relying on the document and could prevent fraudulent removal and attachment of this form to another document / _/3_r Description of Attached Document n P Title or Type of Document: & v(x4tt o f- ejet4,r/"-(,r 'tn/, �p t_itr'P&1 t2ncl aS5(9nM2.n7- c)f= /a--eco-rnipLnc lfn)Qa r+tzcl-R .9k-1`5 •From t7Ua lb Cfrsth Document Date-_J 4�!UC , 7 f .l _ J Number of Pages. •� 3 pl u sQ 4br g C ,'¢ ' Signers) Other Than Named Above: F}-r,�I C �� A r Oem. mitamai 6u „ca O 3 t 6 Capacity(ies) Claimed by Signer q Signer's Name ignn Vyy '^ rSS }i ) I"L ,±30.rteS.—M GPI rv. Mo.n _ RIGHT THUhBPRINT 9j I� Individual J" OF SIGNER 2� Corporate Officer—Tdle s ( 'lit 'Ana-1rd Ch General Limited i. Partner— Pop of thumb b �? C? L. Attorney in Fact :5t.1" 1 1 Trustee Guardian or Conservator I Other _ U. Signer is Representing_c qc _C_iu,,.it__ __ S' Scit re "czrc<2.5c oeccZ it cce,ec.c.c-i',c-ect.x,e4icc-i*i;cecc : '`-r tits: •egf ee au ccs-4c-r",<`c..uni-airecoczccr°.C" 4 y. t4S%Harem aN emnanoe,•9350 De Po gat 402 cr •ww. aloe r..t NO 5407 a,...n WO-$7 oeTl EXHIBIT 'A' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER PIPELINE WITHIN WATSON AVENUE TO COSTA MESA SANITARY DISTRICT N W U 4]pd <L7 CN v A � N-- N N M G 1125 -7 p z 0 0 I I Si ! . I + I �� w I I CI�y 3'S J ¢ I / NOT TO SCALE 1 W 1 Ss 9B A i Jj9.. Cam. c~i � I \„70 \S I 30' . <g. -ES I N 111')N �2�' € H I ON / -z \V m1a re, F I Ss, �FN o lo� z a 'B:r\ CAF c ' 41 S L I 1 I O o hoN V SHAMROCK LN 1 p xh ` I o y � M w o/ ``p�NDS / s / `A O ■W, NN/ Exp.12/31/98 w # No. 62 * w 70 0—A=5'30'00" -9�• 01. R=1 00,00' AL\F LEGEND — SEWER BEING TRANSFERRED 2-21-07 WATSONSCHEM.DWG SHEET 1 OF 3 EXHIBIT 'A' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER PIPELINE WITHIN WATSON AVENUE TO COSTA MESA SANITARY DISTRICT AO-0=5'30'00' R=1000.00' L=96.0' in .c;N. 0 \C�\ / � W��� h�gTSO� s; `'�,/ N �G S6 2 irk.. �� 8`\RVF ,/ (N, 4. M o x'') i S6 jB/ fire 41i /2 X /s 44Z-- ' ?S�S,A3 ` / ` 9B C / Fes\ / 22+21.7 BACK ` 22+16 AHEAD xbes i/ it' Or co en Urn i in 1 COST/A-77 COSTA— " I CC MESA SANITARY I / 1 O I DISTRICT SEWER , / I '� i NOT TO SCALE _ BAKER STREET 2-21-07 WATSONSCHEM.DWG SHEET 2 OF 3 EXHIBIT 'A' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER PIPELINE WITHIN COLLEGE AVENUE TO COSTA MESA SANITARY DISTRICT GISLER AVENUE --- ----i--- --- -- - - ________ _n .. _ - N �— — — ci, dg 1 N \ a2 \ �H \ , 4-\_g_ 18?. 1 \ GARLINGFORD STREET \ N N Nj / _ - — f+J a0 I N W 0 W N D zi V Z i i NOT TO SCALE i Q 0 F- 30' I 30'i m wI 1N CJ w C/L 8' SEWER ° 1 °n 1 0 n Jy b TS 6' ' \ J5 30.0 _ 2-21-07 WATSONSCHEM.DWG SHEET 3 OF 3 EXHIBIT 'B' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER EASEMENT AND PIPELINE TO COSTA MESA SANITARY DISTRICT THOSE PORTIONS OF LAND IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN A PORTION OF LOTS 10 AND 11 OF THE FAIRVIEW TRACT RECORDED IN BOOK 25, PAGE 76, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS. PARCEL A STRIP OF LAND, 25.00 FEET IN WIDTH, BEING A PORTION OF THE EASEMENT GRANTED TO COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY CALIFORNIA RECORDED AUGUST 12, 1955 IN BOOK 3173, PAGE 243, OF OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LINE DESCRIBED IN PARCEL NO. 4 OF SAID EASEMENT SAID POINT BEING DISTANT THEREON NORTH 58°02'42' WEST 362.11 FEET FROM THE SOUTHEASTERLY TERMINUS OF THAT PARTICULARLY COURSE DESCRIBED AS `SOUTH 56°53 46' EAST ALONG THE SAID 18 INCH SEWER 1062.90 FEET' IN SAID EASEMENT SAID POINT ALSO BEING ON THE CENTERLINE OF CINNAMON AVENUE, 50.00 FEET IN WIDTH, AS SHOWN ON THE MAP RECORDED IN BOOK 17 PAGE 7 OF PARCEL MAPS, IN THE OFFICE OF SAID ORANGE COUNTY RECORDER, THENCE ALONG THE DESCRIBED LINE OF SAID PARCEL NO. 4 SOUTH 58°02'42' EAST 362.11 FEET TO THE SOUTHEASTERLY TERMINUS OF SAID COURSE, SAID POINT ALSO BEING ON THE CENTERLINE OF HARBOR BOULEVARD AS DESCRIBED IN SAID EASEMENT THENCE CONTINUING ALONG THE DESCRIBED LINE OF SAID PARCEL NO 4 SOUTH 58°02 42' EAST 261 19 FEET MORE OR LESS, TO A POINT ON THE EASTERLY LINE OF LOT 20, TRACT NO 2432 AS SHOWN ON THE MAP RECORDED IN BOOK 76, PAGES 7 AND 8, OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID ORANGE COUNTY RECORDER. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHEASTERLY IN THE EASTERLY LINE OF LOT 20 OF SAID TRACT NO. 2432. PARCEL 2 A SEWER PIPELINE ALIGNMENT WITHIN PUBLIC RIGHT-OF-WAY MORE PARTICULARLY DESCRIBED AS FOLLOWS SHEET 1 OF 2 EXHIBIT B' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER EASEMENT AND PIPELINE TO COSTA MESA SANITARY DISTRICT PARCEL 2 (CONTINUED) BEGINNING AT A POINT ON THE LINE DESCRIBED IN PARCEL NO 4 OF THE EASEMENT GRANTED TO COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY CALIFORNIA RECORDED AUGUST 12, 1955 IN BOOK 3173, PAGE 243, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY SAID POINT BEING DISTANT THEREON NORTH 58°02'42' WEST 362.11 FEET FROM THE SOUTHEASTERLY TERMINUS OF THAT PARTICULARLY COURSE DESCRIBED AS `SOUTH 56°53 46' EAST ALONG THE SAID 18 INCH SEWER 1062.90 FEET' IN SAID EASEMENT SAD POINT ALSO BEING ON THE CENTERLINE OF CINNAMON AVENUE, 50.00 FEET IN WIDTH, AS SHOWN ON THE MAP RECORDED IN BOOK 17 PAGE 7 OF PARCEL MAPS, IN THE OFFICE OF SAID ORANGE COUNTY RECORDER; THENCE NORTH 0°39'45' WEST 12.90 FEET THENCE NORTH 44°45'57' WEST 9 75 FEET ALL AS SHOWN ON EXHIBIT `C' ATTACHED HERETO AND MADE A PART HEREOF rp1AND3 ExP.12/31/08 11:11 * Nio 7082 Dp AL1Fp�� 2-at-01 SHEET 2 OF 2 EXHIBIT 'C' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER EASEMENT AND PIPELINE TO COSTA MESA SANITARY DISTRICT iQ C I 1 :1D1§ 1 C ' i'6' , I � ' CA-..."1..„ t o lO l 75'm 1 60' PARCEL 1 I �. \ ' • I Z PORTION OF EXISTING 25' WADE CC I .. ..N,; �` I EASEMENT TO ORANGE COUNTY ; O c4, POINT F 1 SANITATION DISTRICT PER O.R. ( Cc u' BEGINNING 1 4.1:41. 3173/243 TO BE GRANTED , I If,62 PCI. 1 AND / � �� �S S J e, PC L. 2 :25'125'1 `., , pROR¢6f I \Ibo NOT TO SCALE '�', S S,j��?9 C> z - Iwi� ; ti`'o ,• . .1502. ay;O, I I= , " �:�l6?71 • zIal . F I 1 j• Oj -�` • GRANT TO CMSD DOES Q I L 2�,5���. I ( NOT INCLUDE EXISTING I Z — et, ► ABANDONED 18° SEWER z z I �- • SSe RAF CJ 1 +�L :' I ;.y y�242F 2,J/,OgO, I I ( - 2s, id. — iii - \ Ss I U I i I ; F--125',--{ '-` I I \L — 65 l , N U� pP L� I I I — ,�CA WATSON J p - I AVENUE * � /19.12/31 I ( ? I No.7052 14, C L1fC .r D 2-21-07 WATSONSCHEM.DWG SHEET 1 OF 1