Contract - Pope - 1977-09--07 s 14
i Y (rA
ORI INAL
A G R E E M E N T
THIS AGREEMENT made and entered into on the day of
19 by and between the COSTA MESA
SANITARY DISTRICT hereinafter referred to "DISTRICT' and EDKER
POPE and BLANCHE POPE the owners of the real property interest
conveyed hereby hereinafter referred to as "GRANTOR'
W I T N E S S E T H T H A T
WHEREAS the DISTRICT did on May 4 1977 declare and find
that it is in the public interest to acquire certain real property
interests for sanitary sewer purposes by condemnation if necessary
including the subject property herein and
WHEREAS the DISTRICT has retained the services of Mark Hasker
Byer M A I as appraiser to establish the fair market value of said
real property and
WHEREAS the GRANTOR intends to convey an easement over under
across and through a portion of the subject property as set forth here-
in by this negotiated Agreement as well as a Temporary Construction
Easement over a portion of the subject property
NOW THEREFORE the parties mutually covenant and agree as
follows
1
GRANTOR agrees to sell and DISTRICT agrees to purchase an
easement over under across and through the subject property located
east of Bristol Street south of the San Diego Freeway in the City of
Costa Mesa County of Orange State of California more particularly
described on Exhibit "A" attached hereto and incorporated herein by
reference as well as a temporary construction easement across subject
property more particularly described in Exhibit "B" attached hereto
and incorporated herein by reference
II
DISTRICT shall pay and GRANTOR shall accept the sum of
* V '"F Fn C . IT . O• (S19,445 bo cir' i�.], c
- )
DOLLARS
as the full and complete purchase price for the subject easements
herein acquired said sum payable in cash when all documents are ready
to record
*Plus interest @ 7% per annum from March 25, 1977 to the date j)
of close of escrow
III
Contemporaneously with the execution of this Agreement
GRANTOR shall execute and deliver to DISTRICT an EASEMENT DEED conveying
said sanitary easement to the DISTRICT as well as said temporary
construction easement
IV
GRANTOR agrees and warrants that the signatures affixed hereto
and on said EASEMENT DEEDS are those of all the owners of subject
property and that title conveyed to DISTRICT shall be a good and
marketable title free and clear of all liens encumbrances defects
or burdens except
General and Special County taxes for the fiscal year 1977-78 a lien
V
The risk of loss if any shall remain with GRANTOR until
such time as DISTRICT has actually taken physical possession of the
subject property interests by its authorized representatives
VI
The DISTRICT shall bear all the following costs Recording
fees escrow fees notarial fees documentary and transfer if any
title insurance fees mortgage reconveyance fees and costs of drawing
said documents
GRANTOR shall bear all the following costs all costs if
any to convey marketable title
VII
Each party warrants that the person signing herein has the
power and authority to bind said party and does so bind said party
his heirs assigns personal representatives or other successors in
interest The singular shall nclude the plural and the masculine
the feminine and vice-versa as used herein
VIII
Time is of the essence of this Agreement and each party
shall execute all documents necessary to effectuate the intent herein
DATED on the day and year first above written
COSTA MESA SANITARY DISTRICT
President
ATTEST
Assistant Secretary
GRANTORS
APPROVED AS TO FORM C,,/
��
E POPE S
DK
A for ey 1
ik L/2
BLANCHE POPE
APPROVED
i L eFZ
Right o Way 'gent
EXHIBIT "A
A strip of land 15 00 feet in width, lying within Lot 2 Block D
Berry Tract in the Rancho Santiago de Santa Ana in the City of
Costa Mesa County of Orange State of California as per map
recorded in Book 9 page 6 of Miscellaneous Records of Los Angeles
County California together with that portion of the South half
of that certain unnamed road adjoining said Lot on the North as
shown on said map and as abandoned December 17 1935 by Order
of the Board of Supervisors of said Orange County the Westerly
line of which is more particularly described as follows
Beginning at a point in the North line of the land described in a
deed to Big Eye Costa Mesa Inc recorded January 9 1967 in Book
8147 page 341 of Official Records of said Orange County said point
being 15 00 feet measured at right angles Westerly of the Westerly
line of the Santa Ana-Delhi Channel as shown on a map of Tract No
8241 recorded in Book 341 pages 21 and 22 of Miscellaneous Maps of
said Orange County thence North 0° 14'06" East parallel with said
Westerly line of Santa Ana-Delhi Channel 543 53 feet to a point
in the North line of the South half of that previously mentioned
certain unnamed road adjoining said property on the North
EXHIBIT 'B"
A strip of land 10 00 feet in width lying within Lot 2 Block D
Berry Tract in the Rancho Santiago de Santa Ana in the City of
Costa Mesa County of Orange State of California as per map
recorded in Book 9 page 6 of Miscellaneous Records of Los Angeles
County California together with that portion of the South half
of that certain unnamed road adjoining said Lot on the North as
shown on said map and as abandoned December 17 1935 by Order of
the Board of Supervisors of said Orange County the Easterly line
of which is more particularly described as follows
Beginning at a point in the North line of the land described in a
deed to Big Eye Costa Mesa Inc recorded January 9 1967 in Book
8147 page 341 of Official Records of said Orange County said
point being 15 00 feet measured at right angles Westerly of the
Westerly line of the Santa Ana-Delhi Channel as shown on a map of
Tract No 8241 recorded in Book 341 pages 21 and 22 of Miscellaneous
Maps of said Orange County thence North 0° 14'06" East parallel
with said Westerly line of Santa Ana-Delhi Channel 543 53 feet to
a point in the North line of the South half of that previously
mentioned certain unnamed road adjoining said property on the North
a_A_-
RECEIVED. COPY
A G R E E M E N T
SEP I?
10 26 AH
ally AGREEMENT made and entered into on the 7 day of
I • 19 7 7 by and between the COSTA MESA
SANITARY DISTRICT hereinafter referred to "DISTRICT" and EDKER
POPE and BLANCHE POPE the owners of the real property interest
conveyed hereby hereinafter referred to as "GRANTOR"
W I T N E S S E T H T H A T
WHEREAS the DISTRICT did on May 4 1977 declare and find
that it is in the public interest to acquire certain real property
interests for san Lary sewer purposes, by condemnation if necessary
including the subject property herein and
WHEREAS the DISTRICT has retained the services of Mark Hasker
Byer M A 1 as appraiser to establish the fair market value of said
real property and
WHEREAS the GRANTOR intends to convey an eases nt over under
across and through a portion of the subject property as set forth here-
in by this negotiated Agreement as well as a Temporary Construction
Easement over a portion of the subject property
NOW THEREFORE the parties mutually covenant and agree as
follows
1
GRANTOR agrees to sell and DISTRICT agrees to purchase an
easement over under across and through the subject property located
east of Bristol Street south of the San Diego Freeway in the City of
Costa Mesa County of Orange State of California more particularly
described on Exhibit A" attached hereto and incorporated herein by
reference as well as a temporary construction easement across subject
property more particularly described in Exhibit '8" attached hereto
and incorporated herein by reference
II
DISTRICT shall pay and GRANTOR shall accept the sum of
r'
- ($_ ) l; la
as the full and complete purchase price for the subject easements
her in acqu red said sum payable in cash when all documents are ready
to record
0
.7:1 A....1
ill
Contemporaneously with the execution of this Agreement
GRANTOR shall execute and deliver to DISTRICT an EASEMENT DEED conveying
said sanitary easement to the DISTRICT as well as said temporary
construction easement
IV
GRANTOR agrees and warrants that the signatures affixed hereto
and on said EASEMENT DEEDS are those of all the owners of subject
property and that title conveyed to DISTRICT shall be a good and
marketable title, free and clear of all liens encumbrances defects
or burdens except
General and Special County taxes for the fiscal year 1977-78 a lien
V
The risk of loss, F shall remain with GRANTOR until
such time as DISTRICT has actually taken physical possession of the
subject property interests by its authorized representatives
VI
The DISTRICT shall bear all the following costs Recording
fees escrow fees notarial fees documentary and transfer if any
title insurance fees mortgage reconveyance fees and costs of drawing
said documents
GRANTOR shall bear all the following costs all costs if
any to convey marketable title
VII
Each party warrants that the person signing herein has the
power and authority to bind said party and does so bind said party
his heirs assigns personal representatives or other successors in
interest The singular shall include the plural and the masculine
the feminine and vice-versa as used herein
Time is of the essence of this Agreement and each party
shall execute all documents necessary to effectuate the intent herein
DATED on the day and year first above written
COSTA MESA SANITARY DISTRICT
President
1 'ATA
. :: ":„ • tik /
i
sistant r: y
GRANTORS
APPROVED 4S TO FORM �_„p
EDOPE °� 1
LI � _ /1 n_0
r
A- for ey �/��
BLANCHE POPE
APPROVED
/ /trie: - /
Right o Way pent
■
EXHIBIT "A
A strip of land 15 00 feet in width lying within Lot 2 Block D
Berry Tract in the Rancho Santiago de Santa Ana in the City of
Costa Mesa County of Orange State of California as per map
recorded in Book 9 page 6 of Miscellaneous Records of Los Angeles
County California together with that portion of the South half
of that certain unnamed road adjoining said Lot on the North as
shown on said map and as abandoned December 17 1935 by Order
of the Board of Supervisors of said Orange County the Westerly
line of which is more particularly described as follows
Beginning at a point in the North line of the land described in a
deed to Big Eye Costa Mesa Inc , recorded January 9 1967 in Book
8147 page 341 of Official Records of said Orange County said point
being 15 00 feet measured at right angles Westerly of the Westerly
line of the Santa Ana-Delhi Channel as shown on a map of Tract No
8241 recorded in Book 341 pages 21 and 22 of Miscellaneous Maps of
said Orange County thence North 0° 14'06" East parallel with said
Westerly line of Santa Ana-Delhi Channel 543 53 feet to a point
in the North line of the South half of that previously mentioned
certain unnamed road adjoin ng said property on the North
EXHIBIT 'B'
A strip of land 10 00 feet in width lying within Lot 2, Block D
Berry Tract in the Rancho Santiago de Santa Ana in the City of
Costa Mesa County of Orange State of California as per map
recorded in Book 9 page 6 of Miscellaneous Records of Los Angeles
County California together with that portion of the South half
of that certain unnamed road adjoining said Lot on the North as
shown on said map and as abandoned December 17 1935 by Order of
the Board of Supervisors of said Orange County the Easterly line
of which is more particularly described as follows
Beginning at a point in the North line of the land described in a
deed to Big Eye Costa Mesa Inc recorded January 9 1967 in Book
8147 page 341 of Official Records of said Orange County, said
point being 15 00 feet measured at right angles Westerly of the
Westerly line of the Santa Ana-Delhi Channel as shown on a map of
Tract No 8241 recorded in Book 341 pages 21 and 22 of Miscellaneous
Maps of said Orange County thence North 0° 14'06" East parallel
with said Westerly line of Santa Ana-Delhi Channel 543 53 feet to
a point in the North line of the South half of that previously
meat oned certain unnamed road adjoining said property on the North