Easement Agreement - Ibarra, Cesar - 2016-07-28 (2) RECORDING REQUESTED BY,AND
• WHEN RECORDED,MAIL TO: Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
COSTA MESA SANITARY DISTRICT I IIII
628 W.19th Street I
1111 IIIIIIIIIIIIIIIII III NEI 111111111 III IIIIIIII NO FEE
$ 11 11 6 9 4 91 $ *
Costa Mesa, CA 92627
2016000352819 3:00 pm 08/01/16
37 417 E01 8
Exempt from Fee--Public agency 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00
(Government Code Section 27383)
(Space above this line for Recorder's use only)
EASEMENT AGREEMENT
#316 Adams Pump Station Electrical Improvements
This Easement Agreement is made and entered into this dayof 10
�' 28
July 2016 by and between Cesar Ibarra, an individual, ("Grantor") and the Costa
Mesa Sanitary District, a California sanitary district, ("Grantee").
RECITALS
A. Grantor is the owner of certain real property located at 2043 Calvert Avenue,
in the City of Costa Mesa, described in Exhibit C.
B. Grantee is a sanitary district charged with operating a sewer system that
includes sewer lines to collect and transport sewage for treatment.
C. As part of Grantee's sewer system it operates and maintains a sewer pump
station known as the Adams Pump Station, located on Adams Avenue to the rear of the real
property owned by Ibarra. Occasionally the Adams Pump Station needs emergency power,
and is usually serviced from Adams Avenue, necessitating traffic diversion.
D. Grantee would prefer to install an underground electrical conduit across
Ibarra's property making electrical power possible from Calvert Avenue, which would
improve worker and driver safety.
E. Grantor is desirous of providing an easement for such purposes in exchange
for the consideration provided by the Grantee for this Easement Agreement.
NOW, THEREFORE, in consideration of the above recitals and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and
Grantee agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a perpetual, non-exclusive
easement (the "Easement") on, under, and across the Easement Area to install,
construct, reconstruct, remove and replace, inspect, maintain, service, operate and
improve the Utility Improvements.
2. Utility Improvements. The Utility Improvements shall include an underground
conduit and electrical cable approximately one hundred ten(110) feet in length across
the property and underground. The Utility Improvements will also include a
reconstructed block wall with a new opening to accommodate an automatic transfer
switch(ATS)and cabinet on Adams Avenue and adjacent to the Adams Pump Station.
In the parkway on Calvert Avenue will be a four-foot-high electrical box that will
allow connection to a mobile generator which will be parked in the street on Calvert
Avenue.This electrical box will have an art wrap that is approved by the neighborhood
and District.
3. Restoration. After the construction and after any repairs and reconstruction of the
Utility Improvements or similar activity, Grantee shall restore and maintain the site in
equal or better condition to what was previously in existence. Grantor shall remain
responsible for landscaping and watering costs after such construction or
reconstruction.
4. Utility Easement Area. The Utility Easement Area where the appurtenances shall be
located shall be as described in Exhibit A and as depicted in Exhibit B. In addition, a
temporary construction easement is being granted by Grantor by separate document
over the entirety of the Parcel for construction, repair and access purposes.
5. Compensation. Grantor and Grantee agree that Grantor's full compensation for
granting the permanent easement and the temporary construction easement including
the provisions contained therein is $10,000 and shall be paid after recordation of both
easement agreements within 30 days of recording.
6. Non-exclusive rights. Grantee's use of the property for the Utility Easement shall be
non-exclusive, and Grantor retains the right to use the property for any lawful purpose
which does not interfere with Grantee's use of the Easement for the purposes described
herein.
7. Damages and repairs. If Grantee damages Grantors' property during its activities in
using the Easement, Grantee shall repair it to Grantor's reasonable satisfaction.
8. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless for any
damage or claim that arises out of Grantee's use of the Easement.
9. Run with the land. The Easement Agreement and the terms and conditions shall be
perpetual and run with the land. This Easement Deed shall be binding on and insure
to the benefit of Grantor and Grantee and their successors in interest.
10. Amendment. This Easement Agreement may only be modified in writing by an
agreement signed by both parties.
11. Waivers.Any waiver of the provisions of this Easement Agreement shall be in writing
signed by the party to be charged.
12. Authority.The persons executing this Easement Agreement warrant that they have the
authority to execute this Easement Deed on behalf of the parties on whose behalf they
sign.
13. Counterparts. This Easement Agreement maybe signed in counterparts, each shall be
3
rP �' 1�
deemed an original, and all of which constitute the same binding agreement.
14. Entire Agreement. This Easement Deed represents the entire easement agreement
between the parties and supersedes previous agreements and representations of the
parties.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the
date first written above.
GRANTOR
arra
GRANTEE
COSTA MESA SANITARY DISTRICT
President ichael Scheaf r
-(7-243LV (L.2ect;
Secretary Robert Ooten
(Notary)
•
•
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
On '"f
/ f 201 y before me, NOELANI F. MIDDENWAY
Date ,, Here Insert Name and Title of the Officer
personally appeared CRAM(' 1 / c ' —
Name(s)of Signer(s)
•
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
rwr� he/she/they executed the same in his/her/their authorized
ELANI
r
MIDDENWAY capacity(ies), and that by his/her/their signature(s) on the
��� omma�on 2011576
4re. Notuy Public-#►Ca►ifornia instrument the person(s), or the entity upon behalf of
„% Orono County which the person(s) acted, executed the instrument.
Comm.E Mar 20,2017
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS.my and of- al .eal.
Signature O
Place Notary Seal Above / �e
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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual 0 Individual
❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General RIGHT THUfdBPF;lin 0 Partner—CI Limited 0 General NIGHT,hurlBPRtwT
❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER
O Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: 0 Other:
Signer Is Representing: Signer Is Representing:
J,G\H:�.:.�.:�-��i\!.�:\�.\�%�!�U:\�!:\�::\'iii\t::\JOU:\f/Gd:\%:\=!S\t::✓:��:\i:\�:\ :✓:\�!:\!:\-�:`::'�:�::�;.`�:�:�:�:'!:\J,�•J,:\-�:\•J,4�`✓,:�%
02007 National Notary Association•9350 De Soto Are.,P.D.Box 2402*Chatsworth,CA 91313-2402•www.NationaJNoiaryorg Item A5907 ReorderCa6Tol1-Free 1.800-876=8827
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
On V , 'e before me, NOELANI F. MIDDENWAY
Date Here Insert Name and Title of the Officer
personally appeared MIC -111-Gt- \ 1& B'E 2ri 0i13
ame(s)of Signer(s)
•
who proved to me on the basis of satisfactory evidence to
• be the person whose names is(0 subscribed to the
within i strument and acknowledged to me that
NOELANI MIOOENWA� he/she h executed the same in his/her/their authorized
Vortb.s commission#►2011576 capacity a ), and that b his/heOr signature( on the
NPublic-Californiainstrument the persons( , or the entity upon behalf of
a") Notary County which the person()acted, executed the instrument.
Comm. Mar 20,2017
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNES my h and offs •-
Signature
Place Notary Seal Above
OPTIONAL '
Though the information below Is not required by law,h 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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual 0 Individual
❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
❑ Partner—❑ Limited 0 General RIGH r THur,18PFi r,1 ❑Partner—0 Limited 0 General RIGHT rHur.1GPRIIJT
❑ Attorney in Fact OF SIGNER 0 Attorney in Fact of SIGNER
❑
Trustee Top of thumb here 0 Trustee Top of thumb here
❑ Guardian or Conservator 0 Guardian or Conservator
❑ Other: 0 Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402•www.NalionaMatmy.org Item N5907 Reorder:Ca#ToII-Free 1.800-87648827
•
Exhibit"A"
Legal Description
That portion of Lot 20 of Tract No. 4349, in the City of Costa Mesa, County of Orange, State of
California, as shown on a map thereof recorded in Book 154, pages 32 through 34, of
Miscellaneous Maps, in the office of the County Recorder of said county, described as follows:
The easterly 4.00 feet of said Lot 20.
Together with the southerly 4.50 feet of the westerly 14.50 feet of the easterly 18.50 feet
of said Lot 20.
Containing 465.25 square feet,more or less.
RoFESS/O
tv
Attached and made a part hereof is Exhibit"B". 5)ciia\N N�4 'q<cl`
0 NO.
RCE 31720 m
Prepared by: d
4114.6
OF cixte
7/6/16
Robin B. Flamers, RCE 31720 Date
Exhibit "B"
• PLAT
Calvert Avenue
P; o
M
r y;
RIGHT-OF-WAY 1; 1�/�
- - / - -
N89° 16'24"E 70.00' C� l�
0
�� 1 � _f_._4.00'
_
PROPERTY LINE
PROPERTY LINE � �r ' r..
o
.c 0/ r ., ., ,,,, _s_ _ M
°
Iid c ,
6'PACIFIC TEL. EASEMENT
M
REC. 2/7/62 PER BK. 6001,PG. 797 O.R.
Fn
.1-
0
z —4.00'
4.50'1
14.50'
N89° 16'24"E 70.00' V _ _
18.50'--
RIGHT-OF-WAY
N
6' SO. CAL. EDISON EASEMENT
REC. 1/31/62 PER BK. 5994,PG. 937 O.R.
i b tn
o
6'PUBLIC UTILITY EASEMENT
PER TRACT NO. 4349
SCALE: 1"=20' Adams Avenue
•
EXHIBIT "C"
Legal Description
For APN/Parcel ID(s): 139-404-14
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(S)20 OF TRACT NO.4349,IN THE CITY OF COSTA MESA,COUNTY OF ORANGE,STATE OF
CALIFORNIA,AS PER MAP RECORDED IN BOOK 154,PAGE(S)32,33 AND 34 OF MISCELLANEOUS
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Ij