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OFFICIAL BUSINESS
Document entitled to free recording
per Government Code Section 27383
RECORDED AT REQUEST OF AND
WHEN RECORDED, RETURN TO:
City Clerk
City of Anaheim
200 South Anaheim Boulevard
Second Floor
Anaheim, CA 92805
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM RECORDER’S FEE PER GOVERNMENT CODE 6103
SEWER EASEMENT AGREEMENT
This Sewer Easement Agreement (“Agreement ”) is dated for reference purposes as of _____________________, 2025, and is entered into by and among ZELMAN 39 COMMONS PARTNERS, LLC, a California limited liability company (“Zelman”); the CITY OF ANAHEIM, a charter city and a municipal corporation duly organized and existing under the Constitution and the laws of the State of California (“ City”); and ANNIE LOAN PHAM, an unmarried woman; THAI QUANG DINH, a married man; VU DAVID DINH, a single man; BINH QUANG DINH, a single man ; and HUY QUANG DINH, a single man , as joint tenants (collectively, “Dihn”).
Zelman and the City are sometimes hereinafter referred to individually as a “Grantor ” and collectively as the “Grantors.” Zelman, the City, and Dihn are sometimes hereinafter referred to individually as a “ Party” and collectively as the “Parties .” This Agreement shall become effective (the “Effective Date ”) upon recordation hereof among the official land records of the County Recorder of the County of Orange (the “Official Records”).
RECITALS:
A. Zelman is the owner of that certain real property in the City of Anaheim, County of Orange, State of California, more particularly described on Exhibit “A” attached hereto (the “Zelman Property”).
B. The City is the owner of that certain real property in the City of Anaheim, County of Orange, State of California more particularly described on Exhibit “B” attached hereto (the “City Property”).
C. Dihn is the owner of that certain real property in the City of Anaheim, County of Orange, State of California more particularly described on Exhibit “C” attached hereto (the “Dihn Property”).
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D. Dihn, as successor-in-interest to Loan Pham, as landlord, and the City, as tenant, are parties to that certain Ground Lease dated February 1, 2003 (the “ Loan Pham Lease”), with respect to the Dihn Property.
E. Dihn, as successor-in-interest to Peter W. Ratajczak and Rosemarie Ratajczak, husband and wife as joint tenants as to an undivided two-thirds interest and Alojz Ostrak, a single man as to an undivided one -third interes t, on the one hand, and Zelman and the City, as the successors-in-interest to Century Properties, a California corporation, with respect to the Zelman Property and the City Property, respectively, on the other hand, are parties to certain Easement Deed recorded April 28, 1978 as in Book 12654, Page 657 of Official Records of Orange County, California (the “1978 Easement Deed”).
F. The Parties desire to terminate the 1978 Easement Deed including, without limitation, any and all easements and rights contained in the 1978 Easement Deed (collectively, the “Existing Easement ”), and Zelman and the City have agreed to grant Dihn certain non- exclusive easements more particularly described in this Agreement. In addition, Zelman has agreed to grant the City a non-exclusive easement to allow sewage from the City Property to pass through the Sewer Line installed within the portion of the Easement Area located on the Zelman Property as provided in this Agreement.
G. The purpose of this Agreement is to set forth the terms and conditions for the grant of the easements in the Easement Area.
AGREEMENT:
NOW THEREFORE, in consideration of the covenants and conditions contained herein and other good and valuable consideration, each Party declares, covenants and agrees, by and for itself, and its successors and assigns, for the benefit of the other P arties hereto, and each of their respective successors and assigns, as follows:
1. GRANT OF EASEMENTS.
(a) The “Dihn Easement Effective Date” shall mean the earlier to occur of the following dates: (A) the expiration date of the term of the Loan Pham Lease (without any further renewal or extension of such term), or (B) the termination date of the Loan Pham Lease. (b) Subject to the terms of this Agreement, effective from and after the Dihn Easement Effective Date, Zelman hereby grants to Dihn and all successors in interest to Dihn as owner of the Dihn Property, for the benefit of Dihn and such owners of the Dihn Property, and as a burden upon the Zelman Property, a non-exclusive easement over the Zelman Property Easement Area (as herein defined) for (i) the construction, re-construction, installation, maintenance and repair of an underground sanitary sewer pipeline and other underground improvements appurtenant to the sanitary sewer line as constructed (the “Sewer Line”) if Zelman has not constructed a Sewer Line in the Zelman Property Easement Area prior to the Dihn Easement Effective Date (a “Construction and Maintenance Easement”), and (ii) the passage of sewage from the Dihn Property through the Sewer Line (as herein defined) (a “Sewage Passage Easement”), subject to the terms hereof . The “Zelman Property Easement Area” is described 084950\17882848v11
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on Exhibit “A” of Exhibit “D” attached hereto and depicted on Exhibit “B” of Exhibit “D” attached hereto.
(c) Subject to the terms of this Agreement, effective from and after the Dihn Easement Effective Date, City hereby grants to Dihn and all successors in interest to Dihn as owner of the Dihn Property, for the benefit of Dihn and such owners of the Dihn Property, and as a burden upon the City Property, non-exclusive easements over the City Property Easement Area (as herein defined) for (i) the construction, re -construction, installation, maintenance and repair of an underground sanitary sewer pipeline and other underground improvements appurtenant to the sanitary sewer line as constructed, and (ii) the passage of sewage from the Dihn Property through the Sewer Line, subject to the terms hereof. The “City Property Easement Area” is described on Exhibit “A” of Exhibit “E” attached hereto and depicted on Exhibit “B” of Exhibit “E” attached hereto. The Zelman Property Easement Area and the City Property Easement Area are sometimes referred to herein collectively as the “Easement Areas” and individually as an “Easement Area.” (d) Subject to the terms of this Agreement, Zelman hereby grants to the City and all successors in interest to the City as owner of the City Property, for the benefit of the City and such owners of the City Property, and as a burden upon the Zelman Property, a non-exclusive easement over the Zelman Property Easement Area for the passage of sewage from the City Property through the Sewer Line, subject to the terms hereof. Zelman reserves the right to utilize all surface areas of the Zelman Property Easement Area for any purposes not inconsistent with the easement rights granted herein, provided Zelman shall not construct any buildings within the Zelman Property Easement Area above the Sewer Line.
(e) The easements described in Sections 1(b), (c) and (d) of this Agreement are referred to herein collectively as the “Easements ” and individually as an “ Easement.” The Zelman Property, the City Property and the Dihn Property are sometimes referred to herein individually as a “Property.” The term “Burdened Property ” shall mean a Property that is the servient tenement of an Easement granted pursuant to this Agreement. The term “ Benefitted Property” shall mean a Property that is the dominant tenement of an Ea sement granted pursuant to this Agreement. Each Grantor reserves the right to utilize all surface areas of the Easement Area located on its Property for any purposes not inconsistent with the easement rights granted herein, provided each Grantor shall not construct any buildings within the portion of Easement Area located on its Property above the Sewer Line.
2. EASEMENT RUNNING WITH THE LAND. The Easement s described in this Agreement shall be appurtenant to each Benefitted Property and shall constitute a permanent easement running with the land of the Burdened Property which will burden the Burdened Property for the benefit of each Benefitted Property, now and in the future.
3. MAINTENANCE. If a Grantor constructs a Sewer Line within the Easement Area located on the Grantor’s Property, then such Grantor and each of its successors and assigns as owner of such Grantor’s Property shall be responsible at its sole cost and expense for all maintenance and repair whether ordinary or extraordinary, capital or annual expense in nature, major or minor, of the portion of the Sewer Line and other improvements appurtenant to the Sewer Line as constructed by the Grantor within the portion of the Easement Ar ea located on such Grantor’s Property as required from time to time to provide continuous and unobstructed passage 084950\17882848v11
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of sewage from each Benefitted Property through the Sewer Line within the Easement Area located on each Burdened Property. Each owner of a Benefitted Property (each a “Grantee ”) and its successors and assigns as owners of a Benefitted Property shall have the right to maintain and repair the Sewer Line if a Grantor fails to commence such maintenance and repair of the Sewer Line located on such Grantor’s Property within thirty (30) days after the Grantor receives written notice from the Grantee and thereafter diligently prosecute such maintenance or repairs to completion. In such event such Grantor shall reimburse the Grantee for all actual and documented costs incurred by Grantor within thirty (30) days of invoice by Grantor (which shall include copies of contractors’ invoices that evidence the amount paid by the Grantee).
4. BINDING ON SUCCESSORS. The terms and conditions of this Agreement shall be binding upon the successors in interest of the Parties as to each Burdened Property and each Benefitted Property, it being the intent of the Parties to create a perpetual easement running with the ownership of each Burdened Property and Benefited Property as provided herein.
5. RELOCATION OF EASEMENTS . Each Grantor or Grantor’s successors in interest shall have the right to relocate the E asement Area and the Sewer Line located on the Grantor’s Property so long as the Sewer Line continues to allow for continuous and unobstructed passage of sewage from each Benefitted Property through the Sewer Line as constructed on the Grantor’s Property.
6. INCORPORATION OF EXHIBITS . The Exhibits referred to in this Agreement and attached hereto are hereby incorporated into this Agreement as though each such Exhibit was fully included in the text of this Agreement.
7. TERMINATION OF EXISTING EASEMENT. Dihn, Zelman and the City hereby terminate the 1978 Easement Deed including, without limitation, the Existing Easement, and Dihn hereby remises, releases and quitclaims any and all right, title and interest of Dihn in and to that certain the 1978 Easement Deed including, without limitation, the Existing Easement and any and all other easements and rights contained in the 1978 Easement Deed. Dihn hereby represents and warrants that Dihn is the owner of the Dihn Property.
8. GENERAL PROVISIONS.
(a) This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. This Agreement may not be terminated, modified or amended without the written agreement of the owner s of the Zelman Property, the City Property and the Dihn Property.
(b) Upon the request of any party, the other parties agree promptly and at no cost to the requesting party to execute, acknowledge and deliver any additional documents which may be reasonably necessary to carry out the purposes or implement the provisions of t his Agreement.
(c) This Agreement may be executed in counterparts, each of which, after all the parties hereto have signed this Agreement , shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 084950\17882848v11
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(d) If any term, covenant, condition or provision of this Agreement, or the application hereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement, or the application hereof to any other person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
(e) This Agreement shall be governed by the laws of the State of California.
The sole proper venue for any action filed to enforce this Agreement or for remedies arising under this Agreement shall be the Superior Court of Orange County, California, and all parties hereby waive any right to bring or maintain an action in any other venue. (f) No waiver of any breach of any covenant or provision herein contained, or any act inconsistent with the easement rights or a party set forth herein, shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provisi on herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act except those of the waiving party, which shall be extended by a period of time equal to the period of the delay. (g) All notices, consents, requests, demands or other communications to or upon the respective parties shall be in writing and shall be effective for all purposes upon receipt on any Business Day before 5:00 PM local time and on the next Business Day if receiv ed after 5:00 PM or on other than a Business Day, including without limitation, in the case of (i) personal delivery, (ii) delivery by messenger, express or air courier or similar courier, and (iii) delivery by United States first class certified or registered mail return receipt requested, postage prepaid, addressed to the following addresses. For purposes hereof, “Business Day” means any day other than Saturday on which national banking associations in Los Angeles , California are open for business. Any party may change its address by written notice to the other parties in the manner set forth above. Receipt of communications by United States first class or registered mail will be sufficiently evidenced by return receipt.
Owner of the City Property:
City of Anaheim
200 South Anaheim Boulevard
Anaheim, California 92805
Attention: Director
Copy to: City Attorney
With a copy to:
Sergio M. Ramirez,
Economic Development Director
City of Anaheim
201 South Anaheim Boulevard, 10th Floor
Anaheim, California 92805
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With a copy to:
City Attorney
City of Anaheim
200 South Anaheim Boulevard
Anaheim, California 92805
Owner of the Zelman Property:
Zelman 39 Commons Partners, LLC
c/o Zelman Development Co.
2400 East Katella Avenue, Suite 760
Anaheim, CA 92806
Attention: Brett Foy and Paul Casey
Owner of Dihn Property:
c/o David Vu Dinh
(h) Whenever this Agreement provides for one party to grant permission to the other, approve something submitted for approval, or take any action with respect to the other party, the party acting shall act reasonably and in good faith, and the request or consent shall not be unreasonably withheld, conditioned or delayed. Time is of the essence in this Agreement, and no party shall cause unnecessary delays to another party that affect its business operations. [
Signatures on next page]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the respective dates set forth below.
“CITY” CITY OF ANAHEIM, a California municipal
corporation and charter city
Dated: __________________, 2025 By:
Sergio M. Ramirez, Economic Development
Director
THERESA BASS, CITY CLERK
City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By
Leonie Mulvihill
Assistant 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 this ___ day of ______________, 20__ before me, ,
Notary Public, personally appeared , 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: (Seal)
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“ZELMAN”
ZELMAN 39 COMMONS PARTNERS, LLC,
a California limited liability company
By: Zelman Development Co.,
a California corporation
Its: Manager
By:
Name:
Its:
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 this ___ day of ______________, 20__ before me, , Notary Public, personally appeared , 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: (Seal)
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“DIHN”
Annie Loan Pham by Vu David Dinh
as attorney in fact
Thai Quang Dinh
Vu David Dinh
Binh Quang Dinh
Huy Quang Dinh
[Notary Acknowledgements on following pages]
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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 this ___ day of ______________, 20__ before me, , Notary Public, personally appeared , 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: (Seal)
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 this ___ day of ______________, 20__ before me, , Notary Public, personally appeared , 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: (Seal)
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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 this ___ day of ______________, 20__ before me, , Notary Public, personally appeared , 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: (Seal)
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 this ___ day of ______________, 20__ before me, , Notary Public, personally appeared , 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: (Seal)
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[Signature Page to Sewer Easement Agreement]
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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 this ___ day of ______________, 20__ before me, , Notary Public, personally appeared , 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: (Seal)
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Exhibit A – Page 1
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EXHIBIT “A”
LEGAL DESCRIPTION OF ZELMAN PROPERTY
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Exhibit B – Page 1
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EXHIBIT “B”
LEGAL DESCRIPTION OF CITY PROPERTY
Real property in the City of Anaheim, County of Orange, State of California described as follows:
PARCEL A:
LOTS A, B AND D AS SHOWN AND DESCRIBED ON LOT LINE ADJUSTMENT LLA2023-00844, RECORDED NOVEMBER 12, 2024 AS INSTRUMENT NO. 2024000304451, OF OFFICIAL RECORDS OF ORANGE COUNTY.
PARCEL B: INTENTIONALLY OMITTED.
PARCEL C: INTENTIONALLY OMITTED.
PARCEL D: INTENTIONALLY OMITTED.
PARCEL F: INTENTIONALLY OMITTED.
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Exhibit B – Page 2
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Exhibit C – Page 1
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EXHIBIT “C”
LEGAL DESCRIPTION OF DIHN PROPERTY
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL B, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
APN: 258-011-24
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Exhibit D – Page 1
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EXHIBIT “D”
ZELMAN PROPERTY EASEMENT AREA
[SEE ATTACHED EXHIBITS “A” AND “B” OF EXHIBIT “D”]
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Exhibit A of Exhibit D – Page 1
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EXHIBIT “A” OF EXHIBIT “D”
LEGAL DESCRIPTION OF ZELMAN PROPERTY EASEMENT AREA
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Exhibit B of Exhibit D – Page 1
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EXHIBIT “B” OF EXHIBIT “D”
DEPICTION OF ZELMAN PROPERTY EASEMENT AREA
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Exhibit B of Exhibit D – Page 2
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Exhibit E – Page 1
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EXHIBIT “E”
CITY PROPERTY EASEMENT AREA
[SEE ATTACHED EXHIBITS “A” AND “B” OF EXHIBIT “E”]
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Exhibit A of Exhibit E – Page 1
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EXHIBIT “A” OF EXHIBIT “E”
LEGAL DESCRIPTION OF CITY PROPERTY EASEMENT AREA
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Exhibit B of Exhibit E – Page 1
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EXHIBIT “B” OF EXHIBIT “E”
DEPICTION OF CITY PROPERTY EASEMENT AREA
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Exhibit B of Exhibit E – Page 2
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