RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Golden State Water Company
630 E Foothill Blvd
San Dimas, CA 91773
Attn: Property Tax Department
GRANT OF EASEMENT
Documentary Transfer Tax Declaration
This is a conveyance of an easement and
the consideration and value is less than $100.00.
R&T 11911
THIS GRANT OF EASEMENT (this "Easement Agreement") is made as of , 2022, by CITY OF PLACENTIA, a California municipal corporation ("Grantor"), for the benefit of GOLDEN STATE WATER COMPANY, a California corporation ("Grantee"), with reference to the following recitals:
RECITALS
A. Grantor owns that certain real property located on Vista Avenue and Park, North of the Channel, City's bridge on the Orange County Flood Control Channel, in the City of Placentia, in the County of Orange, State of California, and more particularly described on Exhibit A attached hereto (the "Property").
B. Grantee has requested a permanent easement to operate, maintain, repair, enlarge, replace, and if elected by Grantee, abandon water pipelines and appurtenances within (the "Easement Purpose") a portion of the Property more particularly described on Exhibit B attached hereto (the "Easement Area"), and depicted on the site plan attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby declares as follows:
1. Easement. Grantor hereby grants to Grantee a permanent non-exclusive easement to the Easement Area for the Easement Purpose; and for the further purpose of ingress, egress and passage across with all the necessary materials, tools, supplies, and other equipment related to the Easement Purpose, together with a right of way upon, over, under, through and across the Property to access the Easement Area (the "Easement"). Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures over the hereinafter described Easement Area.
2. Maintenance. Grantor hereby grants to Grantee a perpetual non-exclusive easement for maintenance and repair purposes over the Easement Area and such portions of the Property as are reasonably necessary for such maintenance and repair. Grantee shall be responsible for all costs associated with the Grantee's use of the Easement.
3. No Gift or Dedication. Nothing contained in this Easement Agreement shall be deemed to be a gift or dedication of any portion of the Property to or for the general public or for any public use or purpose whatsoever, it being the intention of the parties that the Easement and rights granted in this Easement Agreement shall be strictly limited to and for the purposes herein expressed with respect to private property solely for the benefit of the parties and their respective tenants, invitees and licensees.
4. Mortgagee Protection. No breach or violation of this Easement Agreement or of the restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to any portion of the Property, but all of the provisions of this Easement Agreement shall be binding upon and effective against any subsequent owner (including any mortgagee or beneficiary under a deed of trust) who acquires title to the Property or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.
5. Relocation and Abandonment. Grantee shall have the right in its sole discretion to relocate the Easement Area to a comparable location on the Property, provided such comparable area does not materially interfere with Grantor's use and enjoyment of the Property. Grantee shall have the right in its sole discretion to abandon the Easement.
6. Notice of Material Issue. Grantor shall promptly notify Grantee in writing of any material issue or fact that may affect the Easement.
7. Governing Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of California.
8. Successors and Assigns; Covenants Running with the Land. This Easement Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns, tenants, invitees and licensees. All of the provisions of this Easement Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section 1457 et. seq. of the California Civil Code.
9. Severabilitv. If any provision of this Easement Agreement is prohibited or held to be invalid, illegal or unenforceable for any reason, the parties hereto agree to the fullest extent permitted by law that (a) the validity, legality and enforceability of the other provisions shall not be affected or impaired thereby and (b) the parties hereto shall endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid and enforceable provisions, the economic effect of which comes as close as possible to that of the invalid or unenforceable provisions.
2 10. Remedies. In the event of any breach or threatened breach of any provision of this Easement Agreement, the parties hereto may prosecute any proceedings at law or in equity to enjoin such breach or threatened breach and to recover damages for any such breach. The remedies permitted or available pursuant to the provisions of this Easement Agreement shall be cumulative and in addition to any rights or remedies available at law or in equity.
11. Indemnification.
(a) Grantee shall indemnify, defend and hold Grantor, and its officers, employees and agents (collectively, the "Grantor Parties") harmless from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, liabilities, judgments and damages resulting directly from Grantee's exercise of any rights granted to Grantee under this Easement Agreement, provided that Grantee shall not be required to indemnify or hold any Grantor Party harmless from and against any loss, claim, demand, cost, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or negligent acts or omissions of a Grantor Party. (b) Grantor shall indemnify, defend and hold Grantee, and its officers, affiliates, contractors, employees and agents (collectively, "Grantee Parties") harmless from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, liabilities, judgments and damages resulting directly or indirectly from or related to Grantor's exercise of any rights retained by Grantor under this Easement Agreement or arising from the willful or negligent acts or omissions of a Grantor Party, provided that Grantor shall not be required to indemnity or hold Grantee harmless from and against any loss, claim, demand, costs, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or negligent acts or omissions of a Grantee Party.
12. Counterparts. This Easement Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Easement Agreement attached thereto.
13. Cost of Enforcement. If any legal or equitable action or proceeding is instituted by one party against the other to enforce or interpret any provision of this Grant, the party prevailing in such action shall be entitled to recover from the losing party all of its costs of suit, including, but not limited to, reasonable attorneys' fees awarded by the court. [Signatures appear on the following pages]
3 IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above -written.
Grantor: City of Placentia
By:
Name:
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 LOS ANGELES
)
)
)
ss.
On 2022 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.
(Seal)
Notary Public
IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above -written.
Grantee: Golden State Water Company
By:
Name: Patrick Kubiak
Title: Vice President — Asset Management
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 LOS ANGELES
)
)
)
ss.
On , 2022 before me, Ledina Hill , Notary Public,
personally appeared Patrick Kubiak , 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.
(Seal)
Notary Public
IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above -written.
Grantee: Golden State Water Company
By:
Name: Eva G. Tang
Title: Senior Vice President - Finance, Chief
Financial Officer, and Secretary
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 LOS ANGELES
)
)
)
ss.
On , 2022 before me, Ledina Hill , Notary Public,
personally appeared Eva G. Tang , 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.
(Seal)
Notary Public
EXHIBIT A
Legal Description of the Property
Recording Requested by
DIVISION 07 HIGHWAYS
*hen Recorded 'all to
STATE OF CALIFORNIA
DIYIsroN OF HIGHWAYS
Box 2304 Terminal Annex
Los A geles, California 90054
Asn,
/Pee ft. east
,c„„90 10 X95
IMCORDED AT REQUEST OF,
i QFFICiAL R
eaAxcgco�as of
COUNTY, CALIF
FREE MAN JUL 2 1969
GS
L iti2rAtom r
RELINQUISHMENT OF HIGEWAY RIGHT. OF WAY IN TEE
CITY OF FLACENTIA, ROAD 07 -ORA -57-15.4.-16.4
REQUEST NO. 694
AVIEREAS, by freeway agreement 9 dated August 12, 1965, between the City of Placentia and the State of Ca'
iifprnia and by
City Council Resolution .Ra, 940, dated Asst 2, 1966, the City agreed to accept title to relocated and reconstructed city streets, frontage roads and pedestrian facilities upon relinquishment thereof to said city by the State of California; and
AREAS, the State of California has acquired right of
way for and has constructed said streets, roads and pedestrian facilities in the City of Placentia, between La, Palma Avenue and Orangethorpe Avenue, road O7 -Ora -57, in accordance with said agreement and resolution; and
WHEREAS, this Commission has found and determined, and
does hereby find and:determine,.that it is desirable and in the public interest that said streets, roads and pedestrian facilities be relinquished to the City of Placentia, for use as city .streets and facilities;
NOW, THEREFORE, IT IS VOTED bythe
California Highway
Commission that it relinquish and it does hereby relinquish to the City of Placentia, effective upon the recordation of a
HIGHWAY COMMON
OXc% Uo,
KU
JUN 20
eco49010 ni696
certified copy hereof with the Recorder of Orange County, all of the State of California's right, title and interest in and to said streets, roads and pedestrian facilities, in said city, together with the right of way and appurtenances thereof, described as follows:
All those portions of relocated and reconstructed city
streets, frontage roads and pedestrian facilities shown as Parcels 5 through 9 inclusive as delineated and shaded on maps recorded on January 29, 1969 in State Highway Map Book No. 6, pages 33 to 40, inclusive, Records of Orange County.
EXCEPTING and RESERVING to the State of California any
and all rights of ingress to and egress from the highway hereby relinquished in and to the adjoining freeway, except at such points as now are or may be established by resolution of this Commission.
THIS IS I0 CERTIFY That the foregoing is a hill and correct copy of the original resolution duly passed by the California Highway Commission al its meeting regularly called and held on the._ th _day of _ _.June ._--_-_--_.— . 1969.
is fhe City of... Fresno
._�__-._
Dated this__ 2 3 dikt June 1195 9. 0
JAI ke_L(/ 74- -72
ASSISTANT SKIETARY 0! THE U
(AU$ORNIA HIGNWAY COMMISSION
MIT. w- goat -*2a .c er o1Iir /
STATE OF CALIFORNIA
TRANSPORTATION AGENcy
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGIUWAYS
RIGHT OF WAY MAPS OF
STATE HIGHWAY
In Orange County on Route 57 between
La Palma Avenue and Orang,ethorpe Avenue
ANAHEIM
PLACENTIA
PARCELS
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EXHIBIT B
Legal Description of the Easement Area
EXHIBIT "B"
WATERLINE EASEMENT
BEING A STRIP OF LAND IN A PORTION OF PARCEL 9 AS DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED "RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE CITY OF PLACENTIA, ROAD 07 -ORA - 57 -15.4-16.4, REQUEST NO. 694", FILED FOR RECORD JULY 2, 1969, IN BOOK 9010, AT PAGE 695,
OFFICIAL RECORDS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 9, ALSO BEING A POINT ON
THE NORTHEASTERLY RIGHT-OF-WAY LINE OF VISTA AVENUE, THENCE SOUTHEASTERLY ALONG THE MOST SOUTHERLY LINE OF SAID PARCEL 9, SOUTH 78°42'23" EAST, 7.12 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 62°48'32" EAST, 16.07 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 1 AS DESCRIBED IN DIRECTOR'S DEED FILED FOR RECORD OCTOBER 1, 1969, IN BOOK 9096, AT PAGE 48, OFFICIAL RECORDS, IN THE OFFICE OF THE RECORDER FOR SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE AND ITS PROLONGATION, SOUTH 78°42'23" EAST, 60.40 FEET, TO A POINT HEREINAFTER DESCRIBED AS POINT "A"; THENCE LEAVING SAID PROLONGATION, SOUTH 11°17'37" WEST, 10.00 FEET TO A POINT ON THE MOST SOUTHERLY LINE OF SAID PARCEL 9;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE, NORTH 78°42'23" WEST, 72.98 FEET TO THE POINT OF BEGINNING.
CONTAINING 666.92 SQUARE FEET, MORE OR LESS.
PARCEL 2
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A", NORTH 18°25'55" WEST, 18.14 FEET TO THE POINT OF BEGINNING OF PARCEL 2;
THENCE NORTH 11°17'37" EAST, 10.00 FEET TO A POINT ON THE MOST EASTERLY LINE OF SAID PARCEL 9;
THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE, NORTH 18°02'14" WEST, 198.54 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 63°02'14" WEST, 11.26 FEET; THENCE NORTH 15°56'28" WEST, 16.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 9; 1 THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE, NORTH 77°58'35" WEST, 1.04 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 46.00 FEET, AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 85°20'25" EAST; THENCE NORTHERLY 1.70 FEET ALONG SAID CURVE, AND SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 2°06'53";
THENCE LEAVING SAID EASTERLY LINE, SOUTH 74°03'32" WEST, 9.39 FEET; THENCE SOUTH 15°56'28" EAST, 22.72 FEET;
THENCE SOUTH 63°02'14" EAST, 11.48 FEET;
THENCE SOUTH 18°02'14" EAST, 8.56 FEET TO A POINT IN THE NORTHWESTERLY LINE OF PARCEL 2 OF SAID DIRECTOR'S DEED (BOOK 9096, AT PAGE 48);
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 75° 08'03" EAST, 0.99 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 9;
THENCE SOUTHEASTERLY ALONG THE LINE COMMON TO SAID PARCEL 2 AND SAID PARCEL 9, SOUTH 16°01'09" EAST, 9.96 FEET TO A CURVE TO THE RIGHT, HAVING A RADIUS OF 140.55 FEET; THENCE SOUTHWESTERLY 9.33 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3°48'18"; THENCE LEAVING SAID COMMON LINE, SOUTH 18°02'14" EAST, 160.90 FEET; THENCE NORTH 78°42'23" WEST, 0.53 FEET;
THENCE SOUTH 11°17'37" WEST, 10.00 FEET TO A POINT IN NORTHERLY LINE OF SAID PARCEL 1 OF DIRECTOR'S DEED;
THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE AND ITS PROLONGATION, SOUTH 78°42'23" EAST, 12.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2362.60 SQUARE FEET, MORE OR LESS.
EXHIBIT "B": ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THE BASIS OF BEARINGS FOR THE HEREINABOVE DESCRIBED PARCELS 1 & 2, WAS DETERMINED LOCALLY
BY USING THE GEODETIC VALUES FROM THE CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS) OPERATED BY THE LEICA SMARTNET REFERENCE NETWORK. BEARINGS ARE BASED ON NAD83(NA2011), EPOCH 2020.25, CALIFORNIA COORDINATE SYSTEM (CCS), ZONE 6.
END DESCRIPTION
2 THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
PAUL S. SEROKA
L.S. NO. 9611
APRIL 8, 2021
DATE
3 EXHIBIT C
Site Plan of the Easement Area
S74°03'32"W
E
9.39'
K
S15°56'28"E
Co 22.72'
J
Lil
O �
O
o
O
a
S63°02'14"E
11.48'
S18°02'14"E
8.56'
_ EXHIBIT "B”
N15°56'28"W
16.20'
N63°02'14"W
11.26'
N75°08'03"E
0.99'
S16°01'09"E
9.96'
A=3°48'18"
R=140.55' J
L=9.33'
-S77°47'p9„W (R) I
1 9096 O.R. 48
(PARCEL 2)
Nps LAN
0 \\ /
No. 9611
OF C P �F
N62°48'32"E
16.07'
POINT OF
COMMENCEMENT
S78°42'23"E
7.12'(TIE)
POINT OF
BEGINNING
(PARCEL 1)
\
10 00
9010 O.R. 695
(PARCEL 9)
9096 0.R.
(PARCEL
S78°42'23"E 60.40,
NSAS
AVENUE
9010 O.R. 695
(PARCEL 9)
S85°20'25"W(R)
-0
0 rn
0 c.
rrk
-20
v.%
A=2°06'53" y
R=46.00' -4
L=1.70'
N77°58'35"W
1.04'
DETAIL
SCALE: 1" = 5'
PARCEL 2
\
N78°42'23"W
/ 0.53'
/
c)
1 o • 0
0 O
90,96 (PARCE R•' 48
DETAIL
SCALE: 1" = 10'
N78°42,23"
2.98,
PREPARED FOR:
-4
GOLDEN STATE WATER
PREPARED BY:
�on
N18°25'55"W
18.14'(TIE)
N
W
Q;
S78°4223,,E.
12.00 O
N 18°25'55"W
18.14'(TIE)
POINT "A"
S11°17'37"W
10.00'
0 1 0 5 0 SOUTHWOOD DRIVE
SAN LUIS OBISPO, CALIFORNIA 93401
( 8 0 5) 5 4 4— 7 4 0 7
Civil Engineering • Planning • Surveying
LEGEND
P.O.B.
O.R.
DOC.NO.
-0
0 G
-23
crk
P.O.B.
PARCEL 2
POINT OF BEGINNING
OFFICIAL RECORDS
DOCUMENT NUMBER
30 60
1 INCH = 30 FEET
JOB # 210842
LA JOLLA FACILITY
WATERLINE EASEMENT
VISTA AVENUE
PLACENTIA, CA
DRAWN BY: RBP 1 SCALE: AS NOTED