Easement -Bailey-Findley -2007-08-02WHEN RECORDED MAIL TO ER Cert Mail D
RECEIVE corded in Official Records, Orange County
Costa Mesa Sanitary District m Dally, pCleprk-Rpecorder628 W p�
Cosa , 9'h Street OCT o 2007 p�p�p�III�III��I�I����1111111111111111111 NO FEE
Costa Mesa, CA 92627
Attn. Clerk of the District COSTA MESA SANITARYOISTRICI 2007000578110 10:52am 09/24/07
213 91 Al2 E01 7
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SPACE ABOVE THIS LINE FOR RECORDER'S US
Agency Department of Food and Agriculture
AGREEMENT AND GRANT OF EASEMENT Project: Orange County Fair and Exposition
Sewer Easement
THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the
32ND DISTRICT AGRICULTURAL ASSOCIATION, STATE OF CALIFORNIA, a political subdivision of the State
of California, hereinafter called State, and the COSTA MESA SANITARY DISTRICT a California Sanitary
District pursuant to Health and Safety Code Section 6400 et. seq. hereinafter called Grantee.
State, pursuant to the provisions of Section 4051 of the Food and Agricultural Code of the State of California,
hereby grants unto Grantee, its successors and assigns forever a nonexclusive easement to locate, relocate,
construct, reconstruct, alter use, maintain, inspect, repair and remove an underground Pressure Sewer Main
(force main), over on, under and across that certain real property situated in the City of Costa Mesa, County of
Orange, State of California, as described in the attached Exhibit A consisting of one (1) page, and Exhibit B'
which is provided for informational purposes only consisting of-one-(-I)-page; and by this -reference -made a -part
hereof.
THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT
Dated
32nd DISTRICT AGRICULTURAL ASSOCIATION
STATE OF CALIFORNIA
as political subdivision of the State of California
By,
APPROVED:
STATE OF CALIFORNIA
Department of Food and Agriculture
0
T'Ne
COSTA MESA SANITARY DISTRICT a California
Sanitary District pursuant to Health and Safely Code
Section 6400 et. seq.
0
L0
Robert Ooten
Secretary
APPROVED -
STATE OF CALIFORNIA
Department of General Services
JAMES S. MARTIN
ssistant Section Chief
Real Property Services Section
This Agreement and Grant of Easement is subject to the following terms and conditions:
This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which
may affect said real property and the use of the word 'Grant' herein shall not be construed as a covenant
against the existence of any thereof
2. Grantee waives all claims against State, its officers, agents, and employees, for loss or damage caused by
arising out of or in any way connected with the exercise of this Easement, and Grantee agrees to protect,
save harmless, indemnify and defend State, its officers, agents and employees, from any and all loss,
damage or liability including, without limitation, all legal fees, expert witness or consultant fees and
expenses related to the response to, settlement of or defense of any claims or liability which may be
suffered or incurred by State, its officers, agents and employees caused by arising out of, or in anyway
connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole
negligence of State.
3. STATE reserves the right to use said property in any manner provided such use does not unreasonably
interfere with Grantee's rights herein.
4 Grantee shall conduct all activities so as to provide protection to the health, safety and well-being of those
people and the premises of said facilities.
5. Grantee may only use that equipment on property approved by State, and necessary to conduct the
inspections or work specified herein. Grantee agrees to remove all equipment from the property within
twenty-four (24) hours of completion of work.
6. In performing any work, including any excavation on said real property of the State, Grantee shall take all
reasonable measures to make the same in such manner as will cause least injury to the surface of the
ground around such excavation, and excepting only that portion of said real property actually occupied by
surface improvements, shall replace the earth so removed by it and restore the surface of the ground and
any improvement thereon to as near the same condition as they were immediately prior to commencement
of Grantee's activities pursuant to this Easement as is practicable.
7 This Easement shall terminate in the event Grantee fails for a continuous period of eighteemi-.18)'months to
use this Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon
service of written demand, deliver to State, at no cost to State, a Quitclaim Deed to its right, title and
interest hereunder Should Grantee fail or refuse to deliver said Quitclaim Deed, State may record, in the
Recorder's Office of the County in which said real property is located, a written notice reciting said failure,
and such recordation shall, after ten (10) days from the date of recordation of,said notice, be,conclusive
evidence of such termination against Grantee. Grantee shall, upon Stale Yeguest, withput gostto•State,
and within ninety (90) days from said State request, remove all property placed byor"for Grantee upon said
real property and restore sa;d premises as nearly as possible to,tl 6isarpe:conndrtibrijps ihey,vyere pridr to
the execution of this Easement. In the evert Grantee should fail to restore the premises in accordance wilt
such request, State may do so at the risk of Grantee, and all costs of such removal and restorttioq'shall be
paid by Grantee upon demand.
8. State reserves the right to require Grantee, at State expense, to remove and relocate all improvements
placed by Grantee upon said real property upon determination by State that the same interfere with future
development of State's property Within one hundred eighty (180) after State's written notice and demand
for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a
feasible location on the property of State, as designated by State, and State shall furnish Grantee with an
easement in such new location, on the same terms and condition as herein stated, all without cost to
Grantee, and Grantee thereupon shall reconvey to State the easement herein granted.
9 By way of signature hereto, the individual (s) signing on behalf of the Costa Mesa Sanitary District warrant
that they are duly authorized to sign pursuant to a resolution or other authorizing instrument.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of nranaa
On 06-02-07 before me Rita Schrank, Notary Public
Date Name rd Ttle of Odic (e g 'Ja Do Notary Publm")
personally appeared Becky Bailey -Findley
Nameis) of Sign r(s)
�Kpersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signatures) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
�/WIIT/�/NE/�SSS my hand and official seal.
Pla Notary Seal Abe VJX 4Y� —,2,"
Signatu of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer{s) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
Signers Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact Top of thumb he
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney In Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
02004 Natm al Notary Assmiabo 9350 De Solo Av PO So 2402 Chatsworth, CA 91313-2402 Item No 5907 Re me Call Toll -Fr 1-800-876-6827,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On 9/13/07 before me, Joan Revak, Notary Public
Date Name no Title of ORic r (e g "Ja Do Notary Publi ")
personally appeared Arthur Perry and Robert Ooten
Name(.) of Sign hs)
Pla Notary Seal Abe
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
s✓
Signatu of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and Could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signer s Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
[I Guardian or Conservator
❑ Other
Signer Is Representing
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
Top of th June he
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EXHIBIT A
LEGAL DESCRIPTION
F4IR DRIVE SEWER
THAT PORTION OF LOT A OF THE BANNING TRACT IN THE RANCHO SANTIAGO DE SANTA
ANA, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS
SHOWN ON A MAP FILED IN THE CASE OF HANCOCK BANNING VERSUS MARY H. BANNING
FOR PARTITION IN CASE NO 6385 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR
COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES.
DESCRIBED AS FOLLOWS.
A STRIP OF LAND 10 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS
BEGINNING AT THE CENTERLINE INTERSECTION OF FAIR DRIVE AND FAIRVIEW ROAD AS
SHOWN ON A MAP OF TRACT NO 10522, RECORDED IN BOOK 455, PAGES 46 AND 47 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY THENCE EASTERLY ALONG SAID
CENTERLINE OF FAIR DRIVE S89039'07"E 1895.87 FEET THENCE N00020'53'E 50.00 FEET TO A
POINT ON THE NORTHERLY RIGHT -OF WAY LINE OF FAIR DRIVE AS DESCRIBED IN DEED
OF RIGHT -OF WAY RECORDED IN BOOK 2050, PAGE 59 OF OFFICIAL RECORDS OF ORANGE
COUNTY SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE N53°49'46"E 47.89
FEET THENCE S86048'52"E 172.87 FEET THENCE S89015707"E 41745 FEET THENCE
S83005'27"E 115.99 FEET THENCE S77018'39"E 107.65 FEET THENCE S71028'31 'E 64.89 FEET
THENCE S67027'30"E 136.75 FEET THENCE N62035'14"E 58.26 FEET THENCE N85025 14"E
16.13 FEET THENCE 549034 46"E 2.01 FEET TO A POINT ON A LINE DESCRIBED IN
AGREEMENT FOR THE TRANSFER OF CONTROL AND POSSESSION OF STATE-OWNED REAL
PROPERTY RECORDED IN BOOK 2436, PAGES 1096 THROUGH 1100, SAID POINT BEING
N40031 16"E 26.69 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT COURSE
DESCRIBED AS 'S40031 16"W 258.02 FEET IN SAID TRANSFER OF CONTROL.
AREA OF PARCEL= 1,1398.73S.F = 0.262 AC.
SUBJECT TO ALL EASEMENTS AND RIGHTS -OF WAY OF RECORD
DATED THIS�AY OF� g Qi 2004
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the Real Property conveyed by the Agreement and Grant of Easement from
the 32ND DISTRICT AGRICULTURAL ASSOCIATION, STATE OF CALIFORNIA, a political subdivision of the
State of California, to the COSTA MESA SANITARY DISTRICT a California Sanitary District pursuant to
Health and Safety Code Section 6400 et. seq. is hereby accepted by order of the Board of Directors of the
Costa Mesa Sanitary District and the Grantee consents to Recordation thereof by its duly authorized officer
DATED- September 13, 2007
Arthur Perry President
Costa Mesa Spaniitaiy�Di%stt ct
Robert. Ooten, Secretary,
Costa Mesa. Sanitary -District