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Contract - OC Sanitation - 2007-06-27 (2) RECORDING REQUESTED BY AND RETURN TO ORANGE COUNTY SANITATION DISTRICT P O Box 8127 Fountain Valley California 92728 (Space Above This Line for Recorder's Use) Exempt—California Government Code Section 6103 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 PO Box 8127 Fountain Valley CA 92728-8127 To Grantee: Costa Mesa Sanitary District Attn: Manager 628 West 19th 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. APPROVED AS TO FORM COSTA MESA SANITARY DISTRICT By pa/ _ Attorney for Costa Mesa Sanitary District Printed Name: Arthur Perry Title: President Date: flay 10. 2007 COSTA�M1�E�SA�SANITARY DISTRICT By `""_.s-l Printed Name. Robert Ooten Title: Secretary Date. jay 10. 7007 ORANGE COUNTY SANITATION DISTRICT By Printed Name: Title: Chair of the Board of Directors Date: APPROVED AS TO FORM ORANGE COUNTY SANITATION DISTRICT By Brad Hogin Orange County Sanitation District Printed Name: Penny Kyle Title Secretary of the Board of Directors Date. EXHIBIT 'A' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER PIPELINE WITHIN WATSON AVENUE TO COSTA MESA SANITARY DISTRICT -Cl CO W ¢U Y CC� C g <.I N n N 0 M IZ ZO O O 4-I I I } �� _` LZ I I Q I NOT TO SCALE -I---I 353�' I 1 W I ss ?S9\ �0 1 11 N, I �sJ'I / I I 49. E I 0 9C"SAY ¢, �1 Ix 130'1 30' S 'i9 Fip ^ \ ,. 4 L- I W N 1 r \ Cam\ / I W Ht I O N ° w °Z ' \ oN / ' ' / m Z vd I I 49., C / o 0 I W - U I w l FgsgB, /7 ��� N I) SHAMROCK LN I 1 ho R - I O �� �p��x I � M ��� 0 �LAND S09 v / r1"%%•-4 0 N cn / w Exp.12/31/08 I..I * No.7052 * QA -D=5'30'00" N �Q R=1000.00' '9 P� L=96.0' v• AL�FG 1�11 1 LEGEND — SEWER BONG 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 QA —A=5'30'00" R=1000.00' L=96.0' M • is ♦ o vw ��G j',f290.�� O,-RVf' ( c _ in .(‘ / i.Ox , 6,621.6 1.6• \♦ / 4 \ /,= S ,43'x\ 4 ?� ♦ J �p�<-V 8s / x98 / 4% ?q, '43F �e m / 22+21.7 BACK ♦ . 0 22+16 AHEAD x`Oc' 43\ W � In CO CO M I h� I/ I z N I I W EXISTING COSTA-"I I I MESA SANITARY DISTRICT SEWER I / I - I 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 1 1 ci ti >= 1 1 'f 1 ,:n aJ 1 " \ C 1 c7N � 1 a D4- i-? I 1 o o d 1 % \14;o1 -GARLINGFORD STREET il r \ N V 0 0 1 + 0 -4 I C c•J It ID _ _ _ _ _ 0 Lil N D Z I I NOT TO SCALE z I Q 0 I F_ 30' I 30'I ano LLI n CD I " L.1..1 I C/L 8" SEWER 8—I O i J I W \ I ' \ oo I 0 0 o _- ` ' n I Z I `/ I wArso 6' M CA. 8" Sao' 1 A\UE JS'`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 1 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 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 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 to AND B� et Cr AVY eh. y Exp.12,31/0�8 * No.7052 .* \Q. -9h,c OP et 2-V- 01 SHEET 2 OF 2 EXHIBIT 'C' ORANGE COUNTY SANITATION DISTRICT GRANT OF SEWER EASEMENT AND PIPELINE TO COSTA MESA SANITARY DISTRICT I tc; 1 ' dI� 1 CCI I I MJ I * I � �' ' � I I I � C/ I Z '� I 175' 00 1 60' AAA'%Pip I I 1 z I I I I ?\ • PARCEL 1 I I.n> I \ . .` I Z PORTION OF EXISTING 25' WIDE Cl�n a I Il .- J EASEMENT TO ORANGE COUNTY m c POINT OF '1 SANITATION DISTRICT PER O.R. 'u'h I BEGINNING e _ 3173/243 TO BE GRANTED = I 5 I PCL ``' -��• --`'� 'OF,p 95 I J n '25':25'1�,r �4• , Q4¢3F U I z o i NOT TO SCALE I I I ‘(ft�e. S 1, 06? I , i w 14 , ti4 .N., in 56` o2• ?45 0 y Z o I `` �'i71¢1- I I C%~•` •• I GRANT TO CMSD DOES 'Q a° I 12j`��j• I 1 NOT INCLUDE EXISTING Z I >_ L -- Sv ABANDONED 18" SEWER M i k�I � S6 19 . I A R S,9I z 1 Z ! ?. S 0 12.62. I i ' ,I I O� 2 � ' ,T 7 ' '/2°e0 J -'s'4 261u _..— ` 1 1 'NI I - I 65 ' `` v -----1 r I .--— \# AD A a 4 U� A J I i i I 1 I I = � � �' � C/L WATSON AVENUE I � 1v3,,,� I ( N , z1* 3. No.7052 * m 0 �P 9� .. OQ'\ J C'LC 0 D . & G 2-21-07 WATSONSCHEM.DWG SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT crC.-Kx..5Z`5� :s�.sr',4r, 'Srs occt', ic:<,c5e.r.cr5r5rsy?cf&[..cr..r,4rc[' .2 5[rrr s-,[5crc,[5,two,,ccrcrccc,.`., t1 State of California l zl, Orange } ss. I')' <1 County of J J, hh h r' Ps On May 10, 2007 me, Joan Revak, Notary Public Date Name nd Title of Ofhc (e g 'Ja Do Notary Public) 51 personally appeared Arthur Perry and Robert Ooten j I Name(s)of Sign r(s) ``ll M personally known to me LI proved to me on the basis of satisfactory ) evidence l to be the person@ whose names is/0 f' subscribed to the within instrument and 3l Api acknowledged to me that he/she/ e executed ; the same in his/her/6S authorized l JOAN REVAK capacity0 and that by his/her he' 1t`i! Commission 0 1525560 ,, ,,,,,,;� signatur-9 on the instrument the person, or l is 7?" Notary California t the entity upon behalf of which the persons) r `j 1MyComm.Expkes Dec5,2005 acted, executed the instrument. lif WITNESS my hand and official seal. ti IrS i(N� NC Pla Notary Seal Abov Sg ate of Notary Pubtc .l OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document ,.), al and could prevent fraudulent removal and reattachment of this form to another document. !� Description of Attached Document j 1/ Title or Type of Document: Grant of Property Rights in Sever Pipeline & 3 Assignment of Easement Rights from OCSD to the CMSD (Watson) PA Document Date. June 27, 2007 Number of Pages 3 9 Signer(s) Other Than Named Above: 'I Capacity(ies) Claimed by Signer 3 t Signer's Name: Arthur Perry and Robert Ooten RIGHTTHUtEPR1NT ❑ Individual OFSIGPER I El Corporate Officer—Title(s): Top of mt ,D he ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ' l<1 ❑ Trustee PI ❑ Guardian or Conservator II Other President & Secretary of the CMSD Signer Is Representing Costa Mesa Sanitary District >41' .c.ccr_c, ,,c4cc>/-4c..c,'oc>w'et>cc'cc , �t)c.c,-ccrc04.--,mac '�coc.ccocec^�,cc>cc - -L4. - - ,..c.- ., - Lase• 61999 Neaonal Nolary Asacoatwn•9350 De So o As PO Boo 2402•Chatswo CA 91313-2402•wmv nalronalnotaryc Prod No 5907 Roorde Call Toll-Free 1-800476-6827