Contract - Newport Mesa - 2010-04-28 Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
11111 11511111111111011 111IIIIIIpIII110111111 NO FEE
EXEMPT RECORDING REQUESTED 2011000293412 614 am 006111
PURSUANT TO SECTION 6103, 63 40$ G38 e
GOVERNMENT CODE o 00 0 00 0.00 0.00 16.00 o.00 too 0.00
AND WHEN RECORDED MAIL TO:
JOAN REVAK
CLERK OF THE DISTRICT
COSTA MESA SANITARY DISTRICT
628 W 19111 STREET
COSTA MESA,CA 92627-2716
COSTA MESA SANITARY DISTRICT
NEWPORT MESA UNIFIED SCHOOL DISTRICT
SPAN-OVER COVENANT 1 ( +`
This Covenant is made on (3& 2Sr 2010,by and between the COSTA MESA
SANITARY DISTRICT(hereafter referred to as `CMSD")and the NEWPORT MESA
UNIFIED SCHOOL DISTRICT(hereafter referred to as"NMUSD").
RECITALS
WHEREAS,CMSD is a California sanitary district and a public entity organized and
existing under the authority of the Sanitary District Act;and
WHEREAS,NMUSD is a California school district and a public cntity organized and
existing under the laws of the State of California;and
WHEREAS, CMSD currently maintains sewer system infrastructure,including pipes,
conveyances, lift stations,and appurtenances,throughout its district which includes the City of
Costa Mesa;and
WHEREAS,NMUSD owns and operates Costa Mesa High School located at 2650
Fairview Road, Costa Mesa, California; and
Page 1 of4
WHEREAS, CMSD owns and operates a sewer and owns a sewer easement located
approximately in the center of and running through the Costa Mesa High School, and
WHEREAS, CMSD's sewer and easement located in the Costa Mesa High School
campus restrict development over the twenty foot(20') width of the easement; and
WHEREAS,NMUSD desires to develop certain improvements to the Costa Mesa High
School campus including the construction of a second floor for a theater and enclave that will
span over the CMSD sewer easement; and
WHEREAS, should NMUSD be denied the ability to span the second floor over the
CMSD easement,NMUSD will incur additional costs for stairs, an elevator and utilities
approximating$400,000; and
WHEREAS, CMSD supports the concept of improving the Costa Mesa High School
campus but must ensure that its sewer infrastructure and access to that sewer infrastructure for
and including maintenance, cleaning, CCTV and reconstruction,when necessary is protected
and not impeded so that CMSD ratepayers are not required to incur additional costs;and
WHEREAS,CMSD is agreeable to allowing improvements to the Costa Mesa High
School campus to span over its easement provided NMUSD agrees to compensate CMSD for
any additional costs in accessing the sewer infrastructure which are incurred as a result of said
improvements;and
WHEREAS,NMUSD agrees to compensate CMSD for any additional costs incurred
accessing the sewer infrastructure that arise out of or are caused by the second story
improvements to the Costa Mesa High School spanning over the CMSD sewer casement;
NOW THEREFORE,the parties hereto agree to the following terms:
Page 2 of 4
I Premises: This Covenant concerns the property located at 2650 Fairview Road, Costa
Mesa,California;more commonly referred to as Costa Mesa High School.
2. Legal Description: The legal description of the premises is included in Exhibit A
attached to this Covenant and incorporated herein by reference. A plot plan showing the land,
proposed construction,and sewer easement is attached as Exhibit `B.
3 Improvements: CMSD and NMUSD agree that NMUSD may construct those
improvements shown in Exhibit B at the Costa Mesa High School, including a second story
structure that will span over the CMSD's sewer easement.NMUSD shall construct the building
footings in a manner so as to not place any load on the sewer main or the area two feet on either
side of the pipe from one foot below the bottom of the pipe extending upwards to the ground
surface.
4. Indemnification and Hold Harmless: If CMSD is caused any extra expense or is
damaged in any way by allowing NMUSD to construct the improvements shown in Exhibit B,
NMUSD agrees to indemnify and hold CMSD harmless from any additional expenses or damage
caused thereby Such expenses shall include, but are not limited to,extra costs in accessing the
sewer infrastructure for testing or maintenance, extra CCTV or other inspection costs,and any
extra repair costs,such as the need for a different method of repair or reconstruction,
5. Run With the Land: This Covenant 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.
6. Attorneys' Fees: If either party brings any action or proceeding to enforce, protect, or
establish any right or remedy under this Covenant,the prevailing party shall be entitled to
recover reasonable attorneys' fees.
7 Interpretation: This Covenant shall be construed as drafted by both parties and shall
not be construed for or against either of the parties.
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8. Entire Agreement: This Covenant contains the entire agreement between the panics.
No promise,representation, or warranty not included in this Covenant has been or is relied on by
either party Each party has relied on his own examination of this Covenant and the counsel of
his own advisors.
9 Severability'The invalidity or illegality of any provision hereof shall not affect the
remainder of this Covenant.
10. Authority to Sign. Each individual signing this Covenant represents and warrants that
he/she has the authority to bind the parties on whose behalf he/she is signing.
Dated this'lY4 day of art 201l) COSTA MESA SANITARY DISTRICT
By. CleM
President
Approved as to form
B
/ y �,h _t.
vti Secretary
Alan R. Bums
CMSD General Counsel
NEWPORT MESA UNIFIED SCHOOL
DISTRICT
By. l/
Deputy Superintendent
Approved as to form
NMUSD General Counsel
Page 4 of 4
Attachment A
Property Description—Costa Mesa High School
Real property in the City of Costa Mesa, County of Orange, State of California, described as
follows:
THAT PORTION OF THE SANTA ANA ARMY AIR BASE BEING A PORTION OF LOTS 8 AND 11 OF
BERRY RANCHO AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 7 OF MISCELLANEOUS
RECORDS, OF LOS ANGELES COUNTY CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THAT CERTAIN
COUNTY ROAD OF VARIABLE WIDTH, KNOWN AND CALLED SANTA ANA ROAD, AS SAID SANTA
ANA ROAD IS SHOWN ON A MAP ATTACHED TO A LEASE TO THE UNITED STATES OF AMERICA
RECORDED SEPTEMBER 27 1941 IN BOOK 1107 PAGE 536 OF OFFICIAL RECORDS WITH THE
SOUTHERLY LINE OF SAID LOT 11 OF BERRY RANCHO, SAID POINT OF BEGINNING BEING
LOCATED AT COORDINATE STATION NORTH 1000.00 AND EAST 967.50 AS PER PLANE
COORDINATE SYSTEM ESTABLISHED BY THE UNITED STATES ARMY ENGINEERS FOR THE
SANTA ANA ARMY AIR BASE; THENCE EAST ALONG THE SOUTHERLY LINE OF SAID LOT 11 AND
ALONG THE GRID LINE NORTH 1000.00 OF SAID COORDINATE SYSTEM 1533.00 FEET TO
COORDINATE STATION NORTH 1000.00 AND EAST 2500.50; FEET NORTH 00 21 30" EAST
ALONG A LINE PARALLEL WITH SAID CENTER LINE OF SANTA ANA ROAD, 2030.00 FEET TO
COORDINATE STATION NORTH 3029.96 AND EAST 2513.20;THENCE WEST ALONG A LINE
PARALLEL WITH THE SAID SOUTHERLY LINE OF LOT 11, 1533.00 FEET TO THE CENTER LINE
OF SAID SANTA ANA ROAD AND.COORDINATE STATION NORTH 3029.96 AND EAST 980.20;
THENCE SOUTH 00 21 30' WEST ALONG SAID CENTER LINE OF SANTA ANA ROAD 2030.00
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 50.00 FEET
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF COSTA MESA IN
THE DEED RECORDED JANUARY 7 1997 AS INSTRUMENT NO. 1997-0008430 OFFICIAL
RECORDS.
APN: 141-342-46
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