Agreement - C.J. Segerstrom & Sons - 2017-08-23 RECORDING REQUESTED BY
Costa Mesa Sanitary District Recorded in Official Records, Orange County
290 Paularino Avenue Hugh Nguyen, Clerk-Recorder
Costa Mesa,CA 92626 IID 0110 II 1111ill 101 101 II III II liii II 39.00
WHEN RECORDED RETURN TO: * $ 13 0 0 0 9 6 2 1 8 1 0 $
201700043149312:46 pm 10111/17
Harper&Burns LLP 48 414 Al2 F13 11
453 S. Glassell Street 0.00 0.00 0.00 0.00 30.00 0.00 0.00 0.00
Orange, CA 92866
SPACE ABOVE LINE FOR RECORDER'S USE
AGREEMENT FOR INDEMNIFICATION
A This Agreement for Indemnification ("Agreement") is made and entered into this 2.3 clay
of AlltA 31- , 2017, by and between C.J. Segerstrom & Sons, hereinafter "Owner", and the
Costa'Mesa Sanitary District, a California sanitary district, hereinafter "District", with reference
to the following facts:
RECITALS
A. District operates the sewer collection system in the City of Costa Mesa and also serves
other adjacent areas.
B. In 1991-1992, Owner sought and obtained development approvals from the District,
which included the right to construct and connect commercial buildings within Harbor Gateway
Business Center (the "Center") to District's sewer collection system (the "System").
C. As part of that approval process, Owner dedicated sewer easements within the Center that
were dedicated to the District as part of its collection system including without limitation a
perpetual easement and right of way for sanitary sewer as more particularly described in that
certain Easement Deed executed by Owner, dated January 23, 1981, and recorded on March 13,
1981 in Book 13981, Page 1457 of the official records of Orange County, California (the
"Easement").
D. Owner now desires to develop that certain property within the Center described on
Exhibit A attached hereto and incorporated herein ("Owner's Property") and connect
improvements thereon to the System.
E. District now authorizes private property containing multiple parcels with different
ownership served by a single private lateral that connects to sewer mains in the public right of
way as long as an association is formed or a similar body is obligated to maintain the sewer
lateral.
F. Both parties desire to have District abandon all of the existing sewer mains, laterals,
manholes and other District improvements ("Sewer Facilities") located on that portion of
Owner's Property described and shown on Exhibit B attached hereto and incorporated herein
(the "Abandoned Easement Area") and quitclaim to Owner all of the District's rights in the
Abandoned Easement Area.
1.
NOW THEREFORE, Owner and District agree as follows:
1. District agrees to quitclaim to Owner all of its right, title and interest in and to the
Abandoned Easement Area and abandon all Sewer Facilities located in the Abandoned Easement
Area, in place and in exchange for Owner's covenants and agreements set forth in this
Agreement. To that end, concurrently herewith, District shall execute a Quitclaim Deed
remising, releasing and forever quitclaiming to Owner all right, title and interest District has in
the Abandoned Easement Area. Said Quitclaim Deed and this Agreement will be recorded
concurrently in the official records of Orange County, California, whereupon District shall also
be deemed to have unconditionally abandoned all Sewer Facilities within the Abandoned
Easement Area.
2. This Agreement does not obligate Owner, and Owner shall have no obligation, to
maintain any Sewer Facilities whether located on or under the Abandoned Easement Area or
elsewhere. This Agreement does not apply to any Sewer Facilities other than the Sewer Facilities
in the Abandoned Easement Area and District is not by this Agreement abandoning any other
Sewer Facilities located on Owner's Property or any adjoining property or terminating any sewer
easement with respect thereto. Likewise, Owner's indemnification and other obligations under
this Agreement apply strictly to the Sewer Facilities located on or under the Abandoned
Easement Area.
Effective upon the earlier of(a) one year from the date of this Agreement, or (b) installation by
Owner of a sewer manhole immediately to the south of the southern border of the Abandoned
Easement Area and within the area still subject to District's Easement (whether by relocation an
existing manhole on the Abandoned Easement Area or installation of a new one), Owner hereby
agrees to indemnify, defend and hold the District harmless from any and all liability arising from
the Sewer Facilities left in place in the Abandoned Easement Area or from any challenge, claim
or liability from the decision to abandon the Abandoned Easement Area or the Sewer Facilities
located in the Abandoned Easement Area or the process by which those actions were taken.
3. The parties agree that the agreements and obligations of Owner set forth herein
("Owner's Obligations") are covenants and conditions running with and burdening Owner's
Property and shall be binding upon and burden all persons having or acquiring any right, title or
interest in Owner's Property (only during their ownership of such interest) and their successors
and assigns. Owner's Obligations shall inure to the benefit of the property owned by District
described on Exhibit C attached hereto and incorporated herein ("Benefitted Property") and the
owners of the Benefitted Property and their successors and assigns. Notwithstanding anything to
the contrary in the foregoing, in the event that any portion of the Benefitted Property is conveyed
by District to a third party, Owner's Obligations shall cease to benefit such transferred parcel.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, the parties have executed this Agreement for Indemnity as of
the date and year set forth above.
COSTA MESA SANITARY DISTRICT C. J. SEGERSTROM & SONS, a California
general partnership
By By: Henry T. Segerstrom Management LLC,
Pr-?dent a California limited liability company,
Mana j:i
J (
By I amu" By 4CAli
/ L�
Secretary II
Title
By: HTS Management Co., •: , a Californi
corpor ion, M. 'ager
By 'i •
Title: Senior Vice President
Exhibits
A Owner's Property
B Abandoned Easement Area—Legal Description and Plat
C Benefitted Property
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3
Exhibit A
Owner's Property
The following land situated in the City of Costa Mesa, in the County of Orange, State of
California:
Parcel 2 as depicted on Exhibit "B" of Lot Line Adjustment No. LL 16-02, recorded September
27, 2016 as Instrument No. 2016000466367 in the Official Records of said County.
Exhibit B
Abandoned Easement Area
DATE: JUNE 27, 2016
EASEMENT LEGAL DESCRIPTION
A PORTION OF A 10—FOOT—WIDE STRIP OF LAND DESCRIBED AS PARCEL 1 OF
EASEMENT DEED RECORDED MARCH 31, 1981 IN BOOK 13981, PAGE 1457, OF
OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THE CENTERLINE OF
SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THE . COURSE OF SAID PARCEL 1
DESCRIBED AS "N 1'15' 17"W 511.78 FEET; THENCE NORTHERLY ALONG SAID PARCEL 1
COURSE N 1'15' 17"W 138.79 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL
2 AS SHOWN ON LOT LINE ADJUSTMENT LLA-92-02 RECORDED AS. INSTRUMENT NO.
92-324395 IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY;
THENCE CONTINUING ALONG SAID PARCEL. 1 COURSE NORTH 1'15' 17"WEST 78.98 FEET;
SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
CONTINUING ALONG SAID PARCEL 1 COURSE NORTH 1'15' 17" WEST 294.01 FEET TO
THE TERMINUS OF SAID PARCEL 1 COURSE.
CONTAINS AN AREA OF 2,890 SQUARE FEET, MORE OR LESS.
___Pue4-1 CI-At
LUCAS A. CORSBIE, PLS 9073 DATE
REGISTRATION EXPIRES 03/31/18
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* No. 9073
Exp. 03/31/18
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Page 1 of 2
Exhibit B
Abandoned Easement Area
DATE: JUNE 27, 2016
EASEMENT PLAT
W MACARTHUR BLVD —
1.W
0 443.390' N88' 44' 32"E S49' 15' 36"
26.90'
N43' 41' 58"E LEGEND 25.00'
(Z.
39.64' r//� � VACA TD BE I �o�� S
1 [� VACATED SAND
STREET ��5 r`; ;1 4%.
POINT OF •
CENTERLINE ��,.�F1 Al o
TERMINUS — — PROPERTY L CAS . C0RSBIE
BOUNDARY •
�I EASEMENT
*� E pN�03/31/18 `*
F P
'c..-, 6.00' I � 9TF Of (AOC II—
EXISTING 10 FT WIDE�i 10.00 SS EASEMENT, PER I Z (:),/.2`1, 16,
z \ BK13981 PG1457 O.R. I 1 Q
O� �O' 11— PORTION TO BE
N G.\ -l6 to_ VACATED L
I 1 °
I 1 °-` \4° II ct
N �p,G$'I6 1 O
42.00' N0 00
Z 1:2 10.00' ! !F � <
Li o FUTURE 1 I71 BASIS OF
Q09
I h. • SOUTHERLY LINE-\\ BEARINGS
0 • r ( OF PARCEL 2� I I z THSCENIC E CENTERLINEAVENUE AS OF
Z I —
—
TPOB 1 SOUTHERLY LINE OF II o SHOWN ON TRACT
= PARCEL 2, LLA 92-02 "? NO. 10876, IN THE
N1' 14'7853.9"8W.
53"98W J I /RECORDED ASIII Ni CITY OF COSTA
1 ' 92-324395 03 MESA, COUNTY OF
11 ORANGE, STATE OF
S CALIFORNIA, AS PER
EXISTING 10 FT WIDE / MAP RECORDED IN
I 'n SS EASEMENT, BOOK 486 PAGES
\- res �° d co BK13981 PG1457 O.R. 1-8 INCLUSIVE OF
��P 0��6 I 300.97' I I OFFICE MAPS, IN
OF THE
a I II� S88' 44' 29"W L I COUNTY RECORDER
CENTERLINE EXISTING — OF SAID COUNTY.
ISS EASEMENT, PER I
BK13981 PG1457 POB o
4 O.R. A
X
a N44' 19' 44"W N43' 45' 00."E
f 41.00'
28.29'
Z3' S88' 44' 43"W 441.754'
$ — — 0 50 100
— ar.
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:' SCENIC AVE 1,,=100
Page 2 of 2
Exhibit C
Benefitted Property
The properties described below shall constitute the "Benefitted Property" for purposes of this
Agreement, provided that any such property shall cease being part of the "Benefitted Property"
at such time as fee title to such property ceases to be owned by District:
1. Parcel 1 as shown on Exhibit"B" attached to that certain Lot Line Adjustment approved
by Resolution No. PC-78-31, recorded October 19, 1978, in Book 12889, Page 1930 of
the Official Records of the County of Orange, California; and
2. All other property owned by District in the County of Orange, California, as of the date
of recordation of this Agreement.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
STATE OF CALIFORNIA
) ss.
COUNTY OF ORANGE
On ,u
AU SL 2/ 2017, before me, 6../.62c./4 e L i n , Notary Public, personally
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appeared C z�b _ , . je /3-/-i-o.,-, who proved to me on the basis of satisfactory evidence
to be the person,*whose name,(s)-Qlar-e subscribed to the within instrument and acknowledged to me that
gg/tom executed the same in)a.is4r tleii^authorized capacityfelss), and that by, thei -signatures
on the instrument the perso or the entity upon behalf of which the person 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 correc .
ELAYNE LINTON
Commission#t 2075882 z WITNESS my hand and official seal.
Notary Public-California z
zTcz'y � Orange County
Comm.Ex fires Au 22,20_14 ;'4')GeSignat5 O `�otary
OPTIONAL
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prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual Ajieero,cn I- —tea
❑ Corporate Officer �i7 de/v.1n iJcac l -�.
Title(s) Title Or Type Of Document
❑ Partner(s) 0 Limited
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O Attorney-In-Fact Number Of Pages
O Trustee(s)
O Guardian/Conservator
O Other: Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On AI4ttSi 23 , 2017, before me, /4-(14-c, Lin- ,, Notary Public, personally
appeared caiidr S_ OLtil(m/s who proved to me on the basis of satisfactory evidence
to be the person, whose nam%.8f0aFesubscribed to the within instrument and acknowledged to me that
jas/-shepey executed the same in s?her/tpetfauthorized capacity, and that by •'= '%yr signatu e(s)-
on the instrument the persory(.8),' or the entity upon behalf of which the persoja(-sr acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
istrLi
e_utd_cQrrgct__________
ELAYNE LINTON
Commission#2075882 I WITNESS my hand and official seal.
.•.;,P,411110"-...i7-.:5-- Notary Public-California z
Z k,„.--,,y Orange County '
I__ / J / W4 )(4111
'_ IIA CommE
. xp res_Ai 22,2018
Signat e Of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual ,vee ril 7_,
'r ,, / - •i,,4rcG4,,;.
❑ Corporate Officer
Title(s) Title Or Type Of Document
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney-In-Fact Number Of Pages
❑ Trustee(s) /1
/
❑ Guardian/Conservator /-111 uS/ 23, 2019
❑ Other: Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On VCU 2 17, before me, A�a 4, I 1_41, 4 Notary Public, personally
appeared \C Q SC'\ t who proved to me on the ba-'s of satisfactory evidence
be the person whose name : ; ape subscribed to the within instrument and ac nowledged to me that
,he +h /th
eey executed the same in& cr/thcir authorized capacity(ies-), and that by ii herit#etrsignaturefg)
on the instrument the person), or the entity upon behalf of which the person 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.
4407—,-7 ,,e NOELANI MIDDENWAY WITNESS my hand and official seal.
N 1,4 .,�r m COMM.#2198863
-,!,._o NOTARY PUBLIC CALIFORNIA41
Y''g.'�' ' ORANGE COUNTY
ciu`F' MY COMM.EXP.MAY 25,2021 ii,--
Sig atu e • • .r
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s) Title Or Type Of Document
❑ Partner(s) 0 Limited
0 General
❑ Attorney-In-Fact Number Of Pages
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other: Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
On O% ' �� is, 2017, before me, 1 1�1� 'N1 J% , Notary Public, personally
appeared a 1 1 1/436 Y who proved to me on the asis of satisfactory evidence
to b the person : whose name,( ) /. - subscribed to the within instrument and ackno, ledged to me that
Allay executed the same in - -Yip/tkeiF authorized capacity{es), and that by•14+s ii '/theft=signaturef,,s')
on a instrument the person$i), or e entity upon behalf of which the person/) 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.
NOELANI MIDDEN WAY WITNESS my hand and official seal.
S f
N •1• X0; 1° pCOMM.#2198863
N TARP PUBLIC-CALIFORNIA•
ORANGE COUNTY
�+ a+ ' MY COMM.EXP.MAY 25,2021 /✓
Sign ture f Ntta
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s) Title Or Type Of Document
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney-In-Fact Number Of Pages
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other: Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above