Easement - Pfaff - 2013-09-26Recorded at the request of
and to be returned to:
Costa Mesa Sanitary District
c/o Harper & Burns LLP
453 South Glassell Street
Orange, California 92866
Recorded in Official Records, Orange County
Hugguyen, Clerk- Recorder
ri1111111IIIIII111111111111111111IIIIIil 1111111111111111111111 NO FEE
20130006510641:53 PM 11127113
47 422 E01 10
0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00
"Exempt from recording fees pursuant to
Government Code section 6103"
GRANT OF EASEMENT TO COSTA MESA SANITARY DISTRICT
FOR A STANDBY DIESEL GENERATOR
This Easement Agreement ( "AGREEMENT ") is made and entered into this ;,(P71t-
day of _W fO , 2013, by and between the Costa Mesa Sanitary District, a sanitary
district orghnized and existing pursuant to the Sanitary District Act of 1923 (Health & Safety
Code §§ 6400 et seq.), (hereafter "CMSD "), Dawn Alyson Pfaff and Donald Alan Pfaff as
Trustees of the Pfaff Irrevocable Trust dated July 15, 2009, (hereafter "PFAFF "), Steve G.
Haney, an individual, and Katherine G. Haney, an individual.
RECITALS
WHEREAS, CMSD desires to install a secondary power source in the form of a standby
diesel generator for the Canyon Pumping Station located at 999 Wilson Street, Costa Mesa; and
WHEREAS, the properties located at 2247 State Avenue and 2250 Canyon Drive are
necessary for the placement of said generator, conduits, and for construction of the same; and
WHEREAS, the property located at 2247 State Avenue, Assessor's Parcel Number 422-
072-25, is owned by PFAFF, Dawn Alyson Pfaff and Donald Alan Pfaff as Trustees, and is
legally described in the attached Exhibit "A "; and
WHEREAS, the property located at 2250 Canyon Drive, Assessor's Parcel Number 422-
072-01 is owned by Steve G. Haney and Katherine G. Haney and is legally described in the
attached Exhibit `B'; and
WHEREAS, CMSD surveyed the 2247 State Avenue and 2250 Canyon Drive properties
and prepared the attached Exhibit "C ", which shows the common property line of the two (2)
properties, the existing easements in and around said common property line, and the proposed
location of the standby diesel generator and conduits; and
WHEREAS, CMSD desires an easement on and across the aforementioned properties for
the installation, placement, maintenance, and access to the standby diesel generator and conduits
and PFAFF, Steve G. Haney, and Katherine G. Haney desire to grant said easement for
compensation as provided in this AGREEMENT; and
f
WHEREAS, CMSD plans to abandon said pumping station in 2018, and upon said
abandonment, CMSD plans to remove the pumping station and standby diesel generator; and
WHEREAS, abandonment of the Canyon Pumping Station is contingent on CMSD
constructing Three Million Seven Hundred Seventy Thousand Dollars ($3,770,000.00) worth of
improvements along with Orange County Sanitation District (OCSD) installing approximately
Ten Million Dollars ($10,000,000.00) worth of improvements; and
WHEREAS, the parties desire to agree to negotiate in good faith for an extension of this
AGREEMENT should the need arise in the future;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as
follows:
1. Easement. PFAFF, Steve G. Haney, and Katherine G. Haney hereby grant the CMSD a
five (5) year easement for access, construction, installation, and maintenance of the standby
diesel generator and conduits as they are shown in Exhibit "C ". Said easement includes the area
surrounding the generator and conduits as is necessary for access and maintenance.
2. Location of Equipment. The generator will be located on the 2247 State Avenue
property and the conduits on 2250 Canyon Drive property.
3. Payment. In consideration of a five (5) year easement as discussed herein, CMSD agrees
to a one (1) time payment to PFAFF in the amount of Five Thousand Dollars ($5,000.00) and to
a one (1) time total payment to Steve G. Haney and Katherine G. Haney jointly in the amount of
Three Thousand One Hundred Dollars ($3,100.00).
4. Renewal. On or around the fourth (4th) year of this AGREEMENT, if CMSD determines
that its abandonment of the diesel generator and appurtenances will be delayed beyond five
years, or if the project regarding improvements to be constructed by CMSD and OCSD,
discussed above, is cancelled and CMSD desires to leave the standby diesel generator and its
appurtenances in place, the parties hereto agree to renegotiate in good faith for an extension to
this AGREEMENT.
5. Retaining Wall. During abandonment of said pumping station and standby diesel
generator, PFAFF may request that CMSD leave in place the retaining wall surrounding said
generator. PFAFF will then assume ownership of the wall. Should PFAFF not request that the
wall remain, CMSD shall remove the retaining wall.
6. Runs With the Land. This AGREEMENT shall run with the land and shall be binding
on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and
personal representatives of the respective parties.
7. Amendment. Any amendment of this AGREEMENT must be in writing, signed, and
acknowledged by the parties.
8. Interpretation. This AGREEMENT shall be construed as drafted by both parties and
shall not be construed for or against either of the parties.
2
9. Severability. The invalidity or illegality of any provision hereof shall not affect the
remainder of this AGREEMENT.
10. Entire Agreement. This AGREEMENT (including any attached exhibits) represents the
entire understanding of the parties hereto regarding the subject matter of this AGREEMENT.
11. Authority. Each party warrants that the individuals who have signed this AGREEMENT
have the legal power, right, and authority to make this AGREEMENT and to bind his or her
respective party.
12. Indemnification. DISTRICT shall indemnify and hold harmless PFAFF, Steve G.
Haney, and Katherine G. Haney for any damage caused by DISTRICT's standby diesel generator
and conduits.
Dated this 2 day of O 13" , 2013
Approved:
Scott Carroll
District Manager- District Clerk
Approved as to form:
Colin Burns
Associate District Counsel
Approved as to content:
Robid Hamers
District Engineer
3
COSTA MESA SANITARY DISTRICT
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PFAFF IRREVOCABLE TRUST
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
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On 9< Z /0 before me, Pl o)"5 iJer_K
Date _ I Here Name arw TNe of ttie gRCer
personalty appeared
WILLIS D. BECK
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Commission k 1954378
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Place Notary Seal Above
who 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct. n
WITNESS my hajg(afid official seal.
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❑ Individual
❑ Corporate Officer — Trde(s):
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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
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct. /71
WITNESS m7—�'�Woz nd official seal.
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Title or Type of Document:
Document Date:
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Signer's Name:
❑ Individual
❑ Corporate Officer — Tdle(s):
• Partner — ❑Limited El General
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❑ Guardian or Conservator
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Signer Is Representing:
Number of Pages:
Signers Name:
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❑ Partner — ❑ Limited ❑ General _
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Commission w 1954378 9 capacity(ies), and that by his/her /their signatures) on the
z Notary Public - California z instrument the person(s), or the entity upon behalf of
= Orange County = which the person(s) acted, executed the instrument.
Comm. Aires Oct 27, 2015
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct. A
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by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this farm to another document.
Description of Attached Document
Title or Type of Document:
Document Date: -
Number of Pages:
Signer(s) Other Than Named Above:
Capecity(ies) Claimed by Signer(s)
Signer's Name:
Signers Name:
❑ Individual
❑ Individual
❑ Corporate Officer — TfOe(s):
❑ Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General _
_ ❑ Partner — [7) Limited El General _
• Attorney in Fact
' ❑ Attorney in Fact
• Trustee - Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 Natioml Notary Assocatim-93W De Solo Aw..P.O. sac 2402•01hatavmrlh. CA 9 1 313-2 4 0 2•w 19ationalNotagoig Item #5907 RmNer CellTOl Ree1A0G8]G882]
EXHIBIT "A"
LEGAL DESCRIPTION
2247 STATE AVENUE, COSTA MESA, CA
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Lot 24 of Tract No. 3717, in the City of Costa Mesa, County of Orange, State of
California, as per Map Recorded in Book 132, Page(s) 10 and 11 of Miscellaneous
Maps, in the Office of the County Recorder of said County.
APN: 422 - 072 -25
EXHIBIT "B"
LEGAL DESCRIPTION
2250 CANYON DRIVE, COSTA MESA, CA
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COSTA MESA, COUNTY
OF
ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 130 OF TRACT 653, AS PER MAP RECORDED IN BOOK 19, PAGE 42 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM THE SOUTHWESTERLY 67.24 FEET THEREOF MEASURED AT RIGHT
ANGLES FROM THE SOUTHWESTERLY LINE OF SAID LOT 130.
APN: 422 - 072 -01
EXHIBIT "C"
WILSON STREET
N89 28'00 "E
64.8'
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/ a PARCEL 'B' I I'
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1.9
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5' P.U.E. I
\ ACCESS EASEMENT I I I I
\TO 3 PROPERTIES
ALONG CANYON DR. I I
PARCEL "A"
ADDRESS: 2247 STATE AVE.
A.P.N. 422 - 072 -25
OWNER: DAWN A. PFAFF AND
DONALD A. PFAFF,
TRUSTEES OF PFAFF
IRREVOCABLE TRUST
PARCEL "B"
ADDRESS: 2250 CANYON DR.
A.P.N IS 422 - 072 -01
OWNER: STEVE G. HANEY AND
KATHERINE G. HANEY
200.23'
19.4'
0
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N89 28'00 "E 84.25'
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15R =.N L= 23.56'
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—N89 '28'00"E
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109.3 0_
PROPERTY LINE
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-5' P.U.E.
--
w
J
�12' DRAINAGE
ESMNT. TO CCM
INDICATES LOCATION OF
GENERATOR (4.5'x11')
r — — — l INDICATES LOCATION OF
L _ _ _ J OUTSIDE BOUNDARY OF
PROPOSED INSTALLATION AND
MAINTENANCE EASEMENT TO
CMSD (MINIMUM 3' EAST AND
5' SOUTH OF GENERATOR)
PREPARED BY.
ROBIN B. HAMERS
234 E. 17th. ST., SUITE 205
COSTA MESA, CA
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