Contract - Grant - 1969-09-16 1 A G R E E M E N T
2 THIS AGREEMENT, made and entered into this /6 day of
3 September 1969 by and between THE COSTA MESA SANITARY DISTRICT
4 a district formed under the Sanitary Act of 1923 hereinafter
5 called DISTRICT and EDWARD B GRANT an individual hereinafter
6 called GRANT
7 W I T N E S S E T H T H A T
8 WHEREAS the said GRANT proposes to make certain improvements
9 on his real property on the corner of Rochester Street and Newport
10 Boulevard in the City of Costa Mesa and
11 WHEREAS said improvements will constitute an encroachment
12 upon an existing sewer line and sewer right of way which said
13 line serves the City of Costa Mesa Rochester Street Fire Station
14 Grant's Surplus Store and Gulf Oil Service Station at the corner
15 of Cabrillo Street and Newport Boulevard and
16 WHEREAS it is inconvenient for the said GRANT to revise and
17 remodel said building to avoid said encroachment upon districts
18 right of way and
19 WHEREAS DISTRICT and GRANT desire to set forth an encroach-
20 ment agreement which would authorize said construction over said
21 existing pipe line and to establish the rights and liabilities of
22 the parties in connection therewith
23 NOW, THEREFORE, for and in consideration of the covenants
24 herein contained performed and to be performed the parties
25 hereto agree as follows
26 I
27 The DISTRICT hereby and by this agreement grants an
28 encroachment permit to the said GRANT for the construction of
29 improvements over and upon DISTRICT s right of way existing pipe
30 line as shown in a map and legal description attached hereto
31 marked Exhibit A and by this specific reference made a part
32 hereof said encroachment to be under the following terms and
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1 conditions
2 II
3 In compliance with the Uniform Building Code and the Uniform
4 Plumbing code as adopted and inforce in the City of Costa Mesa the
5 said GRANT will cause to be installed at his expense cast iron
6 sewer pipe under the new construction contemplated by the said
7 GRANT in accordance with plans and specifications and in accordance
8 with the requirements of District Engineer which said installation
9 shall include among other things adequate clean outs for service
10 purposes
11 III
12 The said GRANT shall authorize DISTRICT to have access in his
13 present existing building which now encroaches upon said sewer
14 easement and installed line for the purposes of such maintenance
15 as may be necessary in connection with this line and as set forth
16 in this agreement
17 IV
18 The DISTRICT shall assume the obligation of maintenance of
19 the existing line and the new newly installed cast iron pipe
20 under the terms and conditions hereof commencing at the time that
21 the District Engineer approves and accepts the installation as
22 provided for in this agreement
23 V
24 All construction in connection with this agreement shall be
25 performed in accordance with DISTRICT specifications and under
26 the supervision and approval of District Engineer
27 VI
28 GRANT agrees that in the event of the sale of the property
29 as described herein that he will cause this agreement to be made
30 binding upon a subsequent purchaser or purchasers and GRANT
31 further agrees to indemnify and hold harmless DISTRICT from any
32 claim ascerted against it by reason of the performance of
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1 maintenance of said line as set forth herein
2_ DATED the day and year first above written
3, _ THE COSTA MESA S` - TARY DISTRICT
4 -ATTEST. e
.
BY A
u&4/-Secretary U President
6
'DISTRICT
7
8
EDWARD B. GRANT
9
,
10 BY - / AV ,V v
Edward B Grant
11
'GRANT
12
13
14
15
16
17
18
19
20
21
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23
24
25
26
27
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32
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SKETCH SHOW/NG
SANITARY SEWER EASEMENT
/N LOTS /4) /S ' /G OF TRACT 279
COSTA MESA CAL/FORN/A
s
COSTA MESA SANITARY DISTRICT
CITY HALL
P 0. BOX 1200 COSTA MESA, CALIFORNIA DIRECTORS
ELLIS PORTER, PRES.
KERM RIMA, SEC.
ROBERT O BRIGGS
FRANCIS H. GLOCKNER
C. THATCHER WARREN
LEGAL DESCRIPTION
EASEMENT FOR SANITARY SEWER
The southeasterly 10 .00. feet of Lots 14 and 15
and the northeasterly 1000 feet of the south-
easterly 10 00 feet of Lot 16 of Tract No 279 as
shown on a map of said tract, recorded in book 14,
page 4 of Miscellaneous Maps, Official Records of
Orange County, California