HomeMy WebLinkAbout12 - CC-8 - Attachment 1 - 7/7/2015RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:
CITY OF COSTA MESA
P.O. Box 1200
Costa Mesa, California 92628
Attn: Engineering Division
ATTACHMENT 1
(SPACE ABOVE FOR RECORDER'S USE)
FEE EXEMPT - GOVERNMENT CODE §27383
DRAINAGE EASEMENT AGREEMENT
This Drainage Easement Agreement is entered into this day of , 2015, by and
between the City of Costa Mesa, a California municipal corporation ("Grantor" or "City") and
Collective Westside, LLC, a California limited liability company ("Grantee"). Grantor and
Grantee may also be referred to individually as a "Party" and collectively as the "Parties" in this
Drainage Easement Agreement.
RECITALS.
A. Grantor is the owner of the real property commonly known as Fairview Park located in the
County of Orange, State of California, more particularly described in Exhibit "C" attached
hereto and incorporated herein by reference ("Fairview Park") and, in its capacity as a
public municipal entity, is also the owner of the municipal separate storm sewer system
("MS4") which runs, in part, through Fairview Park.
B. Grantee is the owner of the real property adjacent to the Fairview Park in the County of
Orange, State of California, more particularly described in Exhibit "D" attached hereto and
incorporated herein by reference ("Property"). Grantee intends to improve the Property
with five (5) for -sale single family residences, along with common areas and improvements
which, along with the easement proposed herein, shall be operated and maintained by the
Collective Westside Maintenance Association, a California nonprofit mutual benefit
corporation ("Association").
C. Grantee has applied to the City to connect a private storm drain system, by means of
Grantee's privately -owned lateral drains, which may include the installation of pipes,
drains, or other equipment or improvements necessary as directed and approved by
Grantor, (collectively, "Laterals"), to connect to the MS4 via a storm drain scheduled to be
constructed by the City within a storm drain channel located within Fairview Park ("Storm
Drain").
D. In connection with Grantee's development of the Property, City is prepared to grant to
Grantee, a drainage easement into Fairview for the sole and exclusive purpose of drainage
from the Property to the MS4 within Fairview Park including Grantee's construction,
operation, and maintenance of its Laterals, to be connected to the MS4, subject to the terms
and obligations set forth herein.
NOW THEREFORE, Grantor and Grantee agree as follows:
1. INCORPORATION OF RECITALS.
The Parties acknowledge that the recitals are true and correct, and incorporate those recitals
by reference into this Drainage Easement Agreement.
2. GRANT OF EASEMENT
Drainage Easement; Drainage Easement Area. Subject to the use restrictions set forth in
Section 3.1 of this Drainage Easement Agreement, Grantor grants to Grantee, and Grantee
accepts from Grantor, a non-exclusive, drainage easement for the benefit of the Property
over, under, along and across a portion of Fairview Park, including a right of ingress and
egress, as more particularly described in Exhibit "A" & Exhibit `B" attached hereto and
incorporated by reference (the "Drainage Easement Area"), which interest shall include
the following rights:
2.1 Surface Drainage. The right to drain any and all surface water from the Property
over, along and across the Drainage Easement Area to the existing earthen drainage
swale within Fairview Park until such time as the City completes construction of
the Storm Drain. The rights contained in this Subsection 2.1 shall terminate at such
time as Grantee has completed construction of the Laterals.
2.2 Construction of Laterals. Commencing upon City's construction of the Storm Drain
within Fairview Park, and subject to obtaining the development and building
permits and other government approvals necessary, including but not limited to
encroachment permit, the Grantor grants Grantee the right to (a) construct,
maintain, use, and operate the Laterals within the Drainage Easement Area and to
connect the Laterals to the Storm Drain; and (b) drain any and all surface water
from the Property through the Laterals within the Drainage Easement Area to the
Storm Drain within Fairview Park. The rights contained in this Subsection 2.2 shall
only become effective at such time, if ever, that Grantor receives all necessary
approvals to commence construction of the Storm Drain within Fairview Park and
commences construction thereof. Grantee must complete construction of the
Laterals no later than six (6) months following completion of the Storm Drain.
The easements described in this Section 2 shall be collectively referred to herein as the
"Drainage Easements".
2.3 Disclaimer. Grantee expressly disclaims any right, title, or interest in any portion
of Fairview Park, except as is expressly granted herein. Grantee further
acknowledges that the grant herein, is made in part in material reliance upon
Grantee's plan to develop five single family residences upon the Property. Grantee
expressly disclaims any expansion of the Drainage Easement Area or use for the
1
Drainage Easement Area beyond what is expressly set forth herein, regardless of
any future increase or expansion of use of the Property or change in use.
3. USE RESTRICTIONS
Grantee understands and expressly acknowledges that the rights hereunder are expressly made
subject to and contingent upon Grantees compliance with the requirements of the Fairview Park
Master Plan and Water Quality Management Plan, both of which are incorporated herein by
reference, and with the following:
3.1 Construction Phase On -Site Monitoring
A. Archaelogical and Native Monitoring.
• An archaeological and native monitor shall be present during all earth moving
activities. In the event that cultural resources are discovered, construction
work in the area shall be halted immediately until the resource can be assessed
and treatment is determined through consultation under Section 106 of the
National Historic Preservation Act and in accordance with the California
Environmental Quality Act ("CEQA") and the California Code of
Regulations, Title 14, §15000 et seq. As part of the objectives, criteria, and
procedures required by §21082 of the California Public Resources Code,
provisions should be made for the accidental discovery of cultural resources
during construction as described within §15064.5.
Qualified archaeologists will monitor all earth moving activities in order to
identify any archaeological or significant Native American features and
materials that may be exposed, and to take steps to secure and protect any
such features until they are adequately evaluated. The qualified archaeologist
will determine if any archaeological features or materials exposed during earth
moving activities warrant further investigation.
• If features or other areas of historic, Native American and/or archaeological
significance are exposed, these localities shall be cordoned off so that
additional investigations can be undertaken.
• Construction shall be immediately halted at the relevant location within the
project area if construction personnel encounter archaeological materials,
features and/or human remains during the phases of construction.
Construction shall remain halted at that location until a qualified archaeologist
has adequately evaluated the potential discovery and any further steps
determined to be necessary to mitigate any resultant adverse effects to the
properties or otherwise treatment of the discovery has been completed.
• If bone fragments are uncovered during excavation, a determination will be
made as to whether the bone is human or other animal. In the event human
remains are encountered, the following measures will be implemented.
Excavation immediately stops and the human remains are protected from the
elements by covering the cultural deposit with a permeable membrane and
then soil; the spot is marked with flagging.
• In accordance with the California Health and Safety Code §7050.5, no further
disturbance shall occur until the County Coroner has made the necessary
findings as to origin. Further, pursuant to California Public Resources Code
§5097.98(b) remains shall be left in place and free from disturbance until a
final decision as to the treatment and disposition has been made. The remains
will be uncovered for inspection by the coroner. If the Orange County
Coroner determines the remains to be Native American, then in accordance
with the Public Resource Code requirements, the Most Likely Descendant, as
identified by the Native American Heritage Commission, shall be notified
immediately. The most likely descendant shall then make recommendations,
and engage in consultations concerning the treatment of the remains as
provided in Public Resources Code §5097.98.
B. Avian Nest Surveys
If construction takes place during nesting season, nest surveys will be required
to be performed by qualified personnel prior any scheduled construction.
3.2 Access to Fairview Park. Fairview Park contains archaeological and biological
resources that are required to be protected. Access to the park, whether during
construction or any time thereafter, outside of the easement requires prior
approval from the City and applicable regulatory agencies. Ample time needs to
be factored into the construction schedule as coordination with regulatory
agencies may be lengthy
3.3 Maintenance. Grantee shall maintain the Laterals and the Drainage Easement
Area in a good condition acceptable to the City, and to repair any defects or
deficiencies as they occur. Grantee shall perform its designated maintenance
obligations on a regular basis on its own accord, but in accordance with industry
standards for the maintenance of similar systems. Notwithstanding the foregoing,
Grantee shall perform any required maintenance or repair within twenty (20) days
after receiving notice from City regarding a need for such maintenance or repair;
provided, however, that in the event of a emergency or other dangerous condition
(including but not limited to structural collapse, systemic failure of the Laterals, or
any violation of the Water Quality Management Plan) Grantee shall respond
immediately to remedy the condition or violation. In the event that that Grantee is
unwilling or unable to respond to a dangerous condition, City shall, in its sole
discretion, have the right to access the Drainage Easement Area and the Laterals to
remedy the emergency or dangerous condition on its own initiative, and Grantee
shall reimburse City for any costs incurred within thirty (30) days of receiving an
invoice from City. City's remedy of any emergency or dangerous condition is not a
waiver of City's right to any other remedy provided herein.
3.4 Disconnection. Grantee shall disconnect the Lateral from the Storm Drain within
thirty (30) calendar days of termination of this Drainage Easement Agreement.
Failure of Grantee to disconnect the Lateral from the Storm Drain within the
specified time will result in the City having the Lateral disconnected at Grantee's
sole cost and expense, plus administrative overhead costs.
3.5 Water Quality Management Plan Requirements. Grantee shall implement and
comply with all Best Management Practices and other requirements set forth in
the City -approved Water Quality Management Plan.
3.6 No Representation or Warranty. This Drainage Easement Agreement does not
address or alter any building or planning approval and permit process of the City
of Costa Mesa. Grantee must abide by the City's regular procedure and schedule
for permit and land use approvals. Grantee understands and agrees that City is not
making any representation, warranty, or promise regarding any permit or land use
approval. At all times City retains its right and obligation under the law to make
land use and other decisions in its independent governmental capacity, taking into
account the requirements of federal, state and local law, and the best interests of the
City.
3.7 No Restriction on Cit... Nothing in this Agreement prevents City from
construction, repair, alteration, or modification of any portion of Fairview Park, or
the Drainage Easement Area, or improvements located thereon. Any construction,
repair, alteration, or modification of Fairview Park shall be done at City's sole cost
except for any work related to the Laterals or Grantee's use of the Drainage
Easement Area for which Grantee shall remain responsible. In the event City needs
to initiate any construction, repair, alteration, or other modifications to Fairview
Park or the Drainage Easement Area as a direct result of Grantee's use of Fairview
Park or the Drainage Easement Area, Grantee shall be solely responsible for the
costs incurred by City.
3.8 City Access to Drainage Easement Area. Grantee agrees that City, its employees,
officers and agents, are authorized to enter in, under and upon the Drainage
Easement Area at any time and for any purpose, including but not limited to the
removal of the Laterals for the purpose of restoring the Drainage Easement Area
to an aboveground condition reasonably the same as existed before the
construction/installation of the Laterals, in the event such restoration has not been
performed by Grantee as required under this Agreement. Should City be required
to remove the Laterals pursuant to this Paragraph, Grantee agrees to reimburse the
City for the cost to remove the Laterals and to restore Fairview Park including,
but not limited to, any administrative overhead costs, within thirty (30) days of
receiving written notification from the City of the cost incurred. Grantee's
obligation to reimburse the City for such costs shall continue in full force and
effect and shall survive termination or expiration of this Agreement. Nothing in
this Agreement shall limit the City's right to access the Drainage Easement Area
at any time for its own purposes and reasons, which purposes and reasons are
separate from the activities or Improvements authorized under this Agreement.
3.9 Hazardous Materials.
A. As used herein the term "Hazardous Material" means any hazardous or toxic
substance, material or waste which is or shall become regulated by any
governmental entity, including without limitation, City acting in its
governmental capacity, the State of California or the United States
Government.
B. Grantee will not cause or permit any "Hazardous Materials" to be brought
upon, kept or used in or about the Drainage Easement Area or Fairview Park.
If Grantee breaches the condition stated herein, or if contamination of the
Drainage Easement Area or Fairview Park by Hazardous Materials otherwise
occurs as a result of or in connection with Grantee's occupation or use of the
Drainage Easement Area, then Grantee will indemnify, defend and hold City
harmless from any and all claims, judgments, damages, penalties, fines, costs,
liabilities or losses (including without limitation, diminution in value of the
Drainage Easement Area or Fairview Park, damages for the loss or restriction
on use of rentable or usable space or any amenity of Fairview Park or the
Drainage Easement Area, damages arising from any adverse impact on
marketing of space in the Drainage Easement Area or Fairview Park, and
sums paid in settlement of claims, court costs, attorneys fees, consultant fees
and expert witness fees) which arise as a result of such contamination, or
which are in any way related to such contamination.
C. Preexisting Contamination. Grantee will not be held liable, nor will Grantee
be required to indemnify City for any loss or damage sustained as a result of
pre-existing Hazardous Material located on or near the Drainage Easement
Area or Fairview Park.
4. TERM AND TERMINATION.
4.1 Term. This Drainage Easement Agreement shall commence upon the date of its
recording in the Official Records and shall perpetually and continuously remain in
effect unless sooner terminated or extinguished by (a) written agreement, (b)
default as set forth herein, (c) abandonment for a period of no less than six months,
(c) or merger.
4.2 Termination. This Drainage Easement Agreement, in addition to any other
remedies which may be pursued in law or in equity, may be terminated, along with
any rights granted herein, by either Party upon a default of any material covenant,
condition, or term herein by the other Party, which default is not cured as set forth
below or by abandonment of the Drainage Easement or merger of the Property and
Fairview Park.
4.3 Default. In the event there is a default by either party with respect to any of the
provisions of this Drainage Easement Agreement or its obligations under it, the
non -defaulting party shall give the defaulting party written notice of such default.
After receipt of such written notice, the defaulting party shall have forty eight (48)
hours to cure a default arising from an emergency or dangerous condition pursuant
to Section 3.3 of this Agreement and thirty (30) days in which to cure any other
default, provided the defaulting party shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure of a default is such that
it reasonably requires more time that set forth herein and the defaulting party
commences the cure within the time required and thereafter continuously and
diligently pursues the cure to completion. The non -defaulting party may not
maintain any action or effect any remedies for default against the defaulting party
unless and until the defaulting party has failed to cure the same within the time
periods provided in this Paragraph.
4.4 Forfeiture and Reversion of Interest. In the event of termination of this Agreement,
Grantee, and its successors and assigns forfeit all right, title, and interest in the
Drainage Easements and such right, title, and interests shall revert back to the City.
5. COVENANTS RUN WITH LAND; EQUITABLE SERVITUDE
5.1 Covenants Running with the Land. The provisions of this Drainage Easement
Agreement shall constitute covenants running with the land pursuant to applicable law, including
California Civil Code Section 1468. Each covenant to do or refrain from doing some act hereunder
shall run with the Fairview Park and the Property, shall be binding upon all persons having or
acquiring any interest in the Fairview Park, the Property or any part thereof, shall inure to the
benefit of and burden the Property and the Fairview Park, and any interest therein, and shall inure
to the benefit of, be binding upon, and may be enforced by the owners of the Fairview Park, the
Property, and their successive owners and assigns including, without limitation, the Association.
5.2 Effect of Drainage Easement Agreement; Equitable Servitudes. Except as
otherwise expressly provided herein, no rights or privileges conferred upon the Parties by this
Drainage Easement Agreement shall inure to the benefit of any person or entity other than Grantor,
Grantee, or their respective successors and assigns nor shall any other person or entity be deemed
to be a third -party beneficiary of this Drainage Easement Agreement. Each and all of the
restrictions, covenants, and easements of this Drainage Easement Agreement (i) shall constitute
equitable servitudes which shall apply to and be binding on the Parties hereto and each and all of
their respective successors and assigns; and (ii) are imposed for the improvement and use of the
land affected hereby and are designed for the mutual benefit of the Parties.
6. INDEMNITY
In consideration of the grants set forth herein, Grantee hereby agrees to defend, indemnify and
hold harmless the City and its elected and appointed boards, officers, agents and employees from
and against any and all claims, suits or liabilities and losses of any nature whatsoever including
but not limited to reasonable attorney fees and costs, for damage to property and the
improvements thereon or to persons, including death, which arise out of or are related to:
(a) The construction, connection, use, operation, repair, replacement, maintenance or
reconstruction of the Laterals;
(b) Rain or surface water, including any type of pollutant contained therein deposited or
retained upon the Property served by the Laterals as a result of any failure of the
Laterals to function as intended or as desired or as the result of any failure of the
Lateral connections to the Storm Drain System.
(c) The discharge of any type of pollutant from the Property to the Storm Drain or MS4,
which discharge is not in compliance with the requirements of the applicable Water
Quality Management Plan.
The aforesaid indemnity obligation shall apply regardless of the fault or negligence of the
indemnitor or indemnitees, excepting only that said indemnity obligation shall not apply if the
claim, liability or loss arises out of the sole active negligence or willful misconduct of the City.
Nothing in the Agreement is intended to transfer to the City or otherwise release Grantee, or its
respective successors or assigns from any liability which any of them may now or in the future
have under federal, state or local laws or regulations relating to the discharge or release of any
type of pollutant from or onto the Property whether or not such discharge or release is in
compliance with the Water Quality Management Plan or any other City requirement.
7. ASSIGNMENT
The Parties acknowledge that Grantee shall assign Grantee's rights and obligations under this
Drainage Easement Agreement to the Association. Such assignment shall be recorded in the
Official Records, and a copy of the recorded assignment shall be provided to Grantor. However,
the Parties further acknowledge that the Association is prohibited from further transfer
conveyance or assignation of the rights granted hereunder and any such transfer, conveyance, or
assignation is a material breach of this Agreement. Grantee shall notify the City of any sale,
transfer or assignment of the rights and interest provided herein within thirty (30) days of said
sale, transfer or assignment. Association shall execute a written acknowledgement consenting to
the terms, conditions and obligations of this Agreement. Upon the transfer conveyance, or
assignment by Grantee of its interest in Fairview Park or the Property, the rights and obligations
of the Grantee shall automatically be transferred and assigned and the Grantee shall be released
from any further obligations hereunder, except that the Grantee shall continue to be obligated to
defend and indemnify City for any claims, suits or liabilities and losses, as provided for in
Section 6 above, which arose out of Grantee's acts prior to transfer or assignment of the rights
and obligations hereunder. Neither Grantee nor any transferee or assignee of Grantee shall
assign its interest in the Property to any person or entity that does not have the financial
capability of performing the transferor's or assignor's obligations.
8. TAXES, FEE AND CHARGES
Grantee shall have the responsibility to pay any personal property, real estate taxes, assessments, or
other fees or other charges, that may be assessed or determined to be owed, which are in any way
related to the Grantee use of the Drainage Easements. This specifically includes any taxes which are
determined to have arisen from the installation of the Laterals.
Grantee shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge
or seek modification of any tax assessment or billing for which Grantee is wholly or partly
responsible for payment. City shall reasonably cooperate with Grantee at Grantee's expense in filing,
prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence,
including but not limited to, executing any consent, appeal or other similar document. In the event
that as a result of any appeal or challenge by Grantee, there is a reduction, credit or repayment
received by the City for any taxes previously paid by Grantee, City agrees to promptly reimburse to
Grantee the amount of said reduction, credit or repayment. In the event that Grantee does not have
the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph,
City will pursue such dispute at Grantee's sole cost and expense upon written request of Grantee.
9. MISCELLANEOUS
9.1 Notices. All notices hereunder must be in writing and shall be deemed validly given
if sent by certified mail, return receipt requested or by commercial courier, provided the courier's
regular business is delivery service and provided further that it guarantees delivery to the addressee
by the end of the next business day following the courier's receipt from the sender, addressed as
follows (or any other address that the Party to be notified may have designated to the sender by like
notice):
City: City of Costa Mesa
77 Fair Drive
Costa mesa, California 92626
Phone: (714) 754-5000
Attn: City Clerk
Grantee: Collective Westside, LLC
20 Enterprise, Suite 320
Aliso Viejo, CA 92656
Attn: Robert Scanlan
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant
to the foregoing.
9.2 Compliance with Laws. All easement rights granted to Grantee pursuant to this
Drainage Easement Agreement shall be exercised in accordance with all applicable federal, state
and local government laws and regulations, including, without limitation, all requirements of the
City's municipal code and any conditions to approval, requirements for inspection or mitigation
measures imposed by the City or County in connection with entitlements for development of the
Property.
9.3 Venue. The interpretation and performance of this Drainage Easement Agreement
shall be governed by the laws of the State of California. Venue shall be in Orange County,
California.
9.4 Counterparts. This Drainage Easement Agreement may be executed in
counterparts, all of which, taken together, shall be deemed one original.
9.5 Attorneys' Fees. If any legal action, arbitration or other proceeding is brought for
the enforcement of this Drainage Easement Agreement, or because of any alleged dispute, breach,
default or misrepresentation in connection with this Drainage Easement Agreement, the prevailing
party shall be entitled to recover its reasonable attorney fees and other costs it incurred in that
action or proceeding, in addition to any other relief to which it may be entitled.
9.6 Entire Agreement; Amendments; Severability. This Drainage Easement
Agreement, and the grants of easements contemplated herein, set forth the entire understanding
and agreement of the Parties with respect to the conveyance of the Drainage Easements (except as
set forth in the Hold Harmless Agreement), and supersedes all prior discussions, negotiations,
understandings or agreements relating to the grant of the Drainage Easements (except for the Hold
Harmless Agreement), all of which are merged herein. This Drainage Easement Agreement may
not be modified or altered except in a writing signed by all Parties hereto. The unenforceability,
invalidity or illegality of any provision(s) of this Drainage Easement Agreement shall not render
the other provisions unenforceable, invalid or illegal.
9.7 Successors and Assigns. This Drainage Easement Agreement shall be binding upon
and inure to the benefit of the Parties hereto, and to their respective personal representatives, heirs,
successors and assigns.
9.8 Captions. The captions in this Drainage Easement Agreement have been inserted
solely for convenience of reference, and are not a part of this Drainage Easement Agreement and
shall have no effect upon its construction or interpretation.
9.9 Authority. Each signatory below represents that he or she has the authority to bind
the Party to this Drainage Easement Agreement on whose behalf the signatory is executing this
Drainage Easement Agreement.
[SIGNATURES ON THE FOLLOWING PAGES]
GRANTOR'S SIGNATURE PAGE FOR
DRAINAGE EASEMENT AGREEMENT
CITY OF COSTA MESA,
a California municipal corporation
go
Attest:
Ernesto Munoz
Public Services Director
Brenda Green
City Clerk
Approved as to Form:
Tom Duarte
City Attorney
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 document.
STATE OF CALIFORNIA
COUNTY OF
On
before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature 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.
WITNESS my hand and official seal.
Signature:
1
(SEAL)
GRANTEE'S SIGNATURE PAGE FOR
DRAINAGE EASEMENT AGREEMENT
COLLECTIVE WESTSIDE, LLC,
a California limited liability company
go
Robert Scanlan
Title
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 document.
STATE OF CALIFORNIA
COUNTY OF
On , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature 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.
WITNESS my hand and official seal.
Signature:
1
(SEAL)
EXHIBIT 6(A99
Drainage Easement Legal Description
That portion of Lot A of the Banning Tract, in the Rancho Santiago De Santa
Ana, City of Costa Mesa, County of Orange, State of California, as shown on a
map of said tract -filed in Action No. 6335, i--, the Superior Court of the
State of California, in and for the County of Los Angeles, California, being
an action for partition entitled Hancock Banning et al .rersus -Mary H Banning,
also being a portion of Sections 8 and 17, Township 6 South, Range 10 West,
S.B.B. 4 M., described as follows:
Beginning at the northeast corner of Lot 3 of Tract No. 17705, as shown on a
map recorded in Book 934 pages 5 through a, of Miscellaneous Maps, records of
Orange County, California, thence North 59138'37" West 10.00 feet along the
northerly line of said Lot 3;
Thence North 00021'23" East 25.00 feet to a line which is parallel with and
25.00 feet north of the north line of said Lot 3;
Thence South 89038'37' East 10.00 feet along said parallel line;
Thence South 00021'23- West 25.00 feet to the Point of Beginning (P.O.B.).
Containing 250 square feet, more or less.
Attached and rade a part hereof 4.5 Exhibit 'B' .
Prepared by:
Robin B. Hameys L Associates, Inc.
231 E. 17" Street, Suite 2-05
Costa Mesa, CA 92Z27
494940.1 2/13/15
IF f
Robin B. Hamers, RCE 317ZO Date
Page 1 of 1
I
EXHIBIT 'S'
PLAT
SCALE: 1"-40'
FAIRVIEW R ' C O N A L PARK
POR.. LOT A, BANNING 'TRACT
5890 38' 37"E
1(1.UQ'.__�
N'LY LINE TRACT 140.17705
14000 21'23"E
25.00'I
jp, 14890 39' 37"W
41 30 1�.��.
r
LOT 1 LOT 2 LOT 3
*iJ
r
r Q+rr. TRACT NO, 1_71O5
M.M 93475^-8
I TRACT NO. 17705
(_ BANNING PLACE (VACA
4 r' LOT 4 LUT 5
5000 21' 23"W
f 25.00'
P.O.B.
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PREPAREf] 13Y: _ - -
ROBIN B. HAMERS ASSOCIATES, INC.
' 234 E. 17TH STREET, SUITE 205 [adFEsIs
COSTA MESA, CA 92627 ` B.
SQ NO. �
CD RCE 31720
2/13/15`Civiv
ROB ,4 B. FT %MERE, RCE 31720 I]ATE Or- rha Ike
THE BEARIN65 SHOWN HEREON ARE BASET) UPON THE BEARIN6 BETWEEN O.C.S. HORIZONTAL
CONTROL STATION 6PS NO. 6201 AND STATION GPS NO. 6197R2 BEING NORTH 72°41'23" EAST, PER
RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR.
CITY OF COSTA
bRAINA&E EASEMENT DRAWN BY: MLB
1
MESA
DATE: 2/13/1.5
LEGAL DESCRIPTION
EXHIBIT "C"
LEGAL DESCRIPTION OF
FAIRVIEW PARK
Real property located in the City of Costa Mesa, County of Orange, State of California, described
as follows:
PARCEL 1:
THAT PORTION OF LOT A OF THE BANNING TRACT, IN THE RANCHO SANTIAGO DE SANTA
ANA, AS SHOWN ON A MAP OF SAID TRACT FILED IN ACTION NO. 6385, IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS
ANGELES, BEING AN ACTION FOR PARTITION, ENTITLED HANCOCK BANNING AND
OTHERS VS. MARY H. BANNING AND ALSO THAT PORTION OF LOTS 3, 4 AND 5 OF THE
J.A. DAY TRACT, RECORDED IN BOOK 4 PAGE 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY SHOWN
ON A MAP FILED IN BOOK 53 PAGES 34 TO 36 OF RECORD OF SURVEY IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF FAIRVIEW FARMS, AS
SHOWN ON A MAP RECORDED IN BOOK 8 PAGE 71 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY AND THE CENTER LINE OF PLACENTIA AVENUE, AS SAID CENTER LINE
IS SHOWN ON THE MAP OF TRACT NO. 2215 RECORDED IN BOOK 106 PAGE 34,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; THENCE ALONG THE NORTHERLY
LINE OF SAID FAIRVIEW FARMS, SOUTH 890 27' 30" WEST 2640.02 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 00 32' 30" WEST 660.00 FEET; THENCE NORTH 891
27' 30" EAST 660.14 FEET; THENCE NORTH 00 32'30" WEST 209.11 FEET; THENCE NORTH
510 50'47" EAST 662.84 FEET; THENCE NORTH 370 15' 16" EAST 30.00 FEET TO A POINT ON
A CURVE, CONCAVE NORTHEASTERLY SAID POINT BEING ON THE CENTERLINE OF
PLACENTIA AVENUE, HAVING A RADIUS OF 800.00 FEET; A RADIAL LINE FROM SAID
POINT BEARS NORTH 370 15' 16" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 520 31' 27", AN ARC DISTANCE OF 733.38 FEET; THENCE
NORTH 00 13' 17" WEST 426.91 FEET TO THE NORTHWEST CORNER OF PARCEL "F" AS
SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTH 680 48' 33" EAST 997.43 FEET
ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL "F" TO THE SOUTHEASTERLY CORNER
OF PARCEL "E" AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL "E", NORTH 00 12' 30" WEST 98.24 FEET TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 550.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 220 30' 00",
AN ARC DISTANCE OF 215.98 FEET; THENCE NORTH 220 17' 30" EAST 317.12 FEET TO
THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 350.00
FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 780 13'
11" AN ARC DISTANCE OF 477.82 FEET TO A POINT; A RADIAL LINE FROM SAID POINT
BEARS SOUTH 340 04' 19" WEST; THENCE NORTH 00 12' 30" WEST 890.81 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID LOT A OF THE BANNING TRACT; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT A, SOUTH 890 28' 13" WEST 3164.10 FEET TO A
LEGAL DESCRIPTION
POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 455.00 FEET MEASURED AT
RIGHT ANGLES, FROM THE CENTERLINE OF THE SANTA ANA RIVER CHANNEL, AS SAID
CENTER LINE IS SHOWN ON A MAP FILED IN BOOK 12 PAGE 25 OF RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, STATE OF
CALIFORNIA; THENCE SOUTH 131 24' 49" WEST ALONG SAID PARALLEL LINE, 4034.61
FEET TO THE NORTHERLY LINE OF SAID FAIRVIEW FARMS; THENCE NORTH 891 27' 30"
EAST 2260.02 FEET ALONG THE NORTHERLY LINE OF SAID FAIRVIEW FARMS TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM PARCEL H-1 AS SHOWN ON A MAP FILED IN BOOK 53 PAGES 34 TO
36 OF RECORD OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS MINERALS AND OTHER HYDROCARBON
SUBSTANCES, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS
OF RECORD.
TOGETHER WITH ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST IN AND TO SUCH
EASEMENT OR EASEMENTS AS ARE SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 53
PAGES 35 AND 36 OF RECORD OF SURVEY AND ACQUIRED BY GRANTOR UNDER THAT
CERTAIN AGREEMENT RECORDED IN BOOK 4152 PAGE 223, OFFICIAL RECORDS AND DEED
RECORDED IN BOOK 6799 PAGE 513, OFFICIAL RECORDS AS IT AFFECTS SUBJECT
PROPERTY.
THIS CONVEYANCE IS SUBJECT TO THE EXPRESS CONDITION SUBSEQUENT THAT THE
REAL PROPERTY CONVEYED SHALL BE USED ONLY FOR PARK AND RECREATION
PURPOSES FOR A PERIOD OF 25 YEARS. SHOULD SAID EXPRESS CONDITION BE
VIOLATED, THE STATE OF CALIFORNIA SHALL HAVE THE RIGHT TO
ENTER AND TAKE POSSESSION OF THE REAL PROPERTY, AND UPON SUCH RE-ENTRY, TITLE
THERETO SHALL THEREUPON REVERT TO THE STATE OF CALIFORNIA.
LEGAL DESCRIPTION
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PARCEL 2:
THAT PORTION OF LOT "A" OF THE BANNING TRACT, AS SHOWN ON A MAP ATTACHED TO
THE REPORT OF THE REFEREES FILED APRIL 14, 1890 IN CASE NO 6385 IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS
ANGELES, CALIFORNIA AND MORE PARTICULARLY DESIGNATED PARCEL "F" ON A MAP
FILED IN BOOK 53 PAGES 34 TO 36 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL "F", BEING THE
SOUTHEASTERLY TERMINUS OF THAT CERTAIN CURVE IN THE BOUNDARY OF SAID
PARCEL "F", CONCAVE SOUTHERLY AND HAVING A RADIUS OF 800.00 FEET, A RADIAL
LINE OF SAID CURVE FROM SAID TERMINUS BEARS SOUTH 280 22' 42" WEST; THENCE
ALONG THE BOUNDARY OF SAID PARCEL "F" THE FOLLOWING COURSES: NORTHWESTERLY
AND WESTERLY ALONG SAID CURVE 229.45 FEET THROUGH A CENTRAL ANGLE OF 160 25'
59"; THENCE TANGENT TO SAID CURVE, NORTH 780 03' 17" WEST, 122.38 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
760.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE
1086.76 FEET THROUGH A CENTRAL ANGLE OF 770 50'00"; THENCE TANGENT TO SAID
CURVE, NORTH 00 13' 17" WEST, 426.91 FEET; THENCE SOUTH 680 48' 33" EAST, 997.43
FEET TO THE WESTERLY LINE OF THAT CERTAIN EASEMENT DEFINED AND DELINEATED
IN BOOK 4761 PAGE 550 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE
ALONG SAID WESTERLY LINE SOUTH 00 12' 30" EAST, 64.91 FEET;THENCE NORTH 891 47'
30" EAST, 37.00 FEET; THENCE SOUTH 00 12' 30" EAST, 885.32 FEET TO THE POINT OF
BEGINNING.
PARCEL 3:
THAT PORTION OF LOT A OF THE BANNING TRACT, IN THE CITY OF COSTA MESA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SAID TRACT FILED
IN THE CASE OF HANCOCK BANNING AND OTHERS VS. MARY H. BANNING FOR PARTITION
AND BEING CASE NO. 6385 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR COURT OF
THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES MORE
PARTICULARLY DESIGNATED AS PARCEL H-1 ON A MAP FILED IN BOOK 53 PAGES 34 TO
36 OF RECORD OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
ORANGE COUNTY, CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION
(Continue)
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL H-1 THE FOLLOWING
COURSES:
NORTH 790 29' 00" WEST, 540.24 FEET; THENCE NORTH 011 24' 54" WEST, 740.07 FEET TO
A POINT ON THE CENTERLINE OF THAT CERTAIN EASEMENT DESCRIBED AND
DELINEATED IN BOOK 4761 PAGE 550 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CENTERLINE AND
CONTINUING NORTH 890 35' 23" EAST, 97.28 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET;THENCE
SOUTHEASTERLY 447.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 510
16' 07"; THENCE TANGENT TO SAID CURVE SOUTH 390 08'30" EAST, 134.28 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
500.00 FEET; THENCE SOUTHEASTERLY 171.06 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 190 36' 06" 800.00 FEET A RADIAL LINE OF SAID CURVE FROM SAID
POINT BEARS NORTH 761 37' 28" WEST; THENCE LEAVING THE CENTERLINE OF SAID
EASEMENT DESCRIBED IN BOOK 4761 PAGE 550 OF OFFICIAL RECORDS AND CONTINUING
ALONG THE BOUNDARY OF SAID PARCEL H-1, THE FOLLOWING COURSES:
SOUTHERLY 157.19 FEET ALONG SAID CURVE OF 800.00 FOOT RADIUS, THROUGH A
CENTRAL ANGLE OF 110 15' 29"; THENCE SOUTH 240 38' 01" WEST, 145.87 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 800.00
FEET; THENCE SOUTHERLY 167.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 110 58'04" TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL GAS MINERALS AND OTHER HYDROCARBON SUBSTANCES,
RESELYING
A DEPTH OF5 04 RE�T6RWDITHOUT THE RIGHT OF SURFACE ENTRY, AS
LEGAL DESCRIPTION
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PARCEL 4:
A NON-EXCLUSIVE EASEMENT FOR STREET AND HIGHWAY PURPOSES OVER THE
FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT "A" OF THE BANNING TRACT, AS SHOWN ON A MAP OF SAID
TRACT FILED IN THE CASE OF HANCOCK BANNING AND OTHERS VS. MARY H. BANNING FOR
PARTITION AND BEING CASE NO. 6385 UPON THE REGISTER OF ACTIONS OF THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS
ANGELES AND MORE PARTICULARLY DESIGNATED ON A MAP FILED IN BOOK 53 PAGES 34
TO 36 OF RECORD OF SURVEY OF SAID COUNTY OF ORANGE, SITUATED WITHIN A 60
FOOT STRIP OF LAND LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT "A"
AND THE EASTERLY LINE OF PARCEL H-2, ALL AS SHOWN ON SAID RECORD OF SURVEY;
THENCE SOUTH 00 31' 47" EAST, 301.45 FEET TO THE BEGINNING OF A CURVE, CONCAVE
WESTERLY AND HAVING A RADIUS OF 800 FEET; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 250 09'48", A DISTANCE OF 351.34 FEET; THENCE SOUTH 240 38'
01" WEST. 145.87 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 800 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF
240 51' 18", A DISTANCE OF 347.04 FEET THENCE SOUTH 00 13' 17" EAST, 436.80 FEET.
THE SIDE LINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE IN
SAID NORTH LINE OF LOT "A", AND IN THE SOUTHERLY LINE, AND ITS WESTERLY
PROLONGATION OF PARCEL "E" AS SAID SOUTHERLY LINE IS SHOWN ON SAID RECORD OF
SURVEY.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL 3
EXHIBIT "D"
LEGAL DESCRIPTION OF
GRANTEE PROPERTY
Real property located in the City of Costa Mesa, County of Orange, State of California,
described as follows:
Lots 1 through 5, inclusive, of Tract No. 17705,
as shown on a Subdivision Map, Filed on July
17, 2014, in Book 926, at Pages 47 to 50,
inclusive, of Miscellaneous Maps, in the Office
of the Orange County Recorder.
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