Loading...
HomeMy WebLinkAboutCC-5 - 26-144 - Attachment 1 Existing Water Easement - 3/3/2026 Free Recording Requested By and Return To: Mesa Water District 1965 Placentia A venue Costa Mesa, California, 92627 Attention: Engineering Mesa Water District File No. C0013-25-04 (Space Above Line for Recorder 's Use) GRANT OF EASEMENT TO MESA WATER DISTRICT Exempt from recording fee pursuant to California Government Code §27383 Conveyance is to an exempt governmental entity or political subdivision R&T §11922 FROM CITY OF COSTA MESA 77 FAIR DRIVE Costa Mesa, CA 92626 County of Orange A.Grant of Easement For valuable consideration, receipt of which is hereby acknowledged, City of Costa Mesa, a municipal corporation (the “Owner”), hereby grants and conveys to the Mesa Water District, a county water district pursuant to Section 30000 et seq. of the California Water Code (the "Grantee"), a perpetual nonexclusive easement and right of-way (the "Easement") to construct, reconstruct, lay, install, remove and replace, maintain, renew, repair, inspect, improve, relocate, operate, enlarge, duplicate, and otherwise use a pipeline or pi pelines, with incidental ordinary and necessary appurtenances and connections (the "Facilities") over , under, upon , along, though, and across that real property located within the City of Costa Mesa, County of Orange, State of California, described on Exhibit "A" attached hereto and incorporated by reference herein and depicted on Exhibit "B" attached hereto and incorporated by reference herein ("Easement Area"): and to construct other structures appurtenant to the Facilities, which structures may extend above the surface of the ground, together with the right to enter upon other adjacent land of Owner in order to obtain access to and along the Easement Area and to deposit tools , implements, and material thereon by Grantee, its officers, agents, and employees, or by persons under contract to the Grantee, whenever and wherever ATTACHMENT 1 necessary for the purpose of constructing, reconstructing, laying, installing, removing and replacing, maintaining, renewing, repairing, inspecting, improving, relocating, operating, enlarging, duplicating and using the Facilities. B. Rights and Responsibilities of Owner Owner retains the right to use the surface areas and nonexclusive right to use the subsurface areas of or in the Easement Area in such a manner as will not prohibit access to the Grantee granted hereunder. Further the Owner shall not apply to any other governmental agency of entity for access limitation as to the territory encumbered by the Easement, or issue permits to allow the construction of a privately gated community covering the territory encumbered by the Easement, which would interfere with the rights of Grantee as granted by this Easement. In the performance of any work which Grantee is authorized to perform in the Easement Area, Grantee shall endeavor to avoid any unnecessary damage or interference with other installations i n the Easement Area. There shall be no less than a 42-inch (42") cover over the Facilities or the Grantee, not greater than a 12-foot (12’) fill thereon. There shall also be no less than 20 feet (20’) of clear vertical distance immediately above the surface area of the Easement Area measured at finished ground level, nor shall any trees, buildings, or other permanent structures be planted , installed or located within the Easement Area. Grantee agrees to confer with Owner thereof in order that the Grantee's activity(ies) as to the easement rights granted hereunder will result in a minimum of inconvenience or hardship to Owner. C. Responsibilities of Grantee In making any use of this Grant, Grantee shall: a. Make adequate provision for the safety and convenience of all persons using the Easement Area or other improvements or facilities in or on the Easement Area; b. Not be responsible for replacing decorative concrete, pavers, block walls, fences, grass, rock, irrigation systems, or other appurtenances which may be installed within the boundaries of the Easement Area as a result of Grantee's standard maintenance or emergency repair work or the exercise of rights granted under this Grant of Easement. Grantee shall use asphalt paving to repair maintenance work performed within the Easement Area and only over the location of the repair(s). Grantee shall not be responsible for any cost(s) over and above the cost of replacing with asphalt pavement. c. Subject to the limiting provisions of (b.), above, in exchange for the granting of the Easement, Grantee agrees to indemnify Owner against and to hold the Owner harmless from any liability, loss, claims, or damage with respect to any property, injury, or death of any person whomsoever, proximately caused in whole or in part by the negligence of Grantee, its employees or agents are liable without fault in the exercise of the rights herein granted; save and except to the extent that such liability, loss, damage, injury, or death is proximately cause by the negligent act or omission of the owner or the employees or agents of Owner or by an act or omission for which Owner or the employees or agents of Owner are liable without fault. In its use of the Easement, Grantee shall not permit any claim, lien, or other encumbrance arising from such use to accrue against or attach to the Easement Area of the interest of Owner in the land in, on, and under the Easement Area. In providing the Easement grant set forth herein , Owner expressly acknowledges the conditions set out in this subsection C. D. Relocation at Owner's Expense Owner may require Grantee to change or relocate the Facilities. If Owner requires such a change in the Facilities, then Grantee shall, within two hundred seventy (270) consecutive calendar days after the receipt from Owner of a notice in writing to do so, relocate the Facilities or portions thereof at the sole cost and expense of Owner and at no cost or expense to Grantee; provided, however, said obligation to relocate at the expense of Owner shall be conditioned upon the furnishing by Owner to Grantee a good and sufficient permanent grant of easement in a location acceptable to Grantee, which grant of easement shall be in a form identical to this Easement Grant. E. Successors and Assigns This Easement shall be binding upon and inure to the benefit of the successors and assigns of Owner and Grantee. F. Acceptance and Recordation Grantee acknowledges, by acceptance and recordation of this Grant of Easement from Owner, that the terms and conditions herein set forth shall be binding upon and inure to the benefit of Grantee. G. Notices Any notices, requests, demands, consents, approvals, or other communications required or permitted hereunder by law, shall be in writing and deemed received when personally served, of twenty-four hours after being deposited in the United States mail, first class postage prepaid, registered, or certified, and addressed as follows: OWNER: City of Costa Mesa 77 Fair Drive Costa Mesa, California 92626 Attn: Raja Sethuraman GRANTEE: Mesa Water District 1965 Placentia A venue Costa Mesa, California 92627 Attn: Engineering Any party may from time to time, by written notice to the other party hereto, designate a different address which shall be substituted for that specified above. [Remainder of this page intentionally left blank] IN WITNESS WHEREOF this Grant of Easement has been executed this day of , 2026. OWNER - CITY OF COSTA MESA ________________________________ Signature ________________________________ Raja Sethuraman Public Works Director Date: __________________________ Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate in attached. and not the truthfulness. accuracy. or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On, before me, (Date) (Here Insert Name and Title of the Officer) Personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: CERTIFICATE OF ACCEPTANCE MESA WATER DISTRICT This is to certify that the interest in real property conveyed by the attached Easement Deed granted by: Owner- CITY OF COSTA MESA In and to that certain property described and depicted in Exhibits A and B hereto to the Mesa Water District ("District"), is hereby accepted by the undersigned officer on behalf of the District pursuant to authority conferred by the District's Board of Directors ("Board"), and the Board consents to recordation thereof by its duly authorized officer. Date this___________ day of__________________________, 2026 Mesa Water District By: Denise Khalifa District Secretary Signature of Notary Public STATE OF CALIFORNIA ) COUNTY OF ) On, before me, (Date) (Here Insert Name and Title of the Officer) Personally appeared _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate in attached, and not the truthfulness, accuracy, or validity of that document.