ASSIGNMENT OF EASEMENT

Transcription

1 Page 1 of 12 Recording requested by and when recorded, return to: South Orange County Community College District Marguerite Parkway Mission Viejo, California Attn: Vice Chancellor of Business Services With a Conformed Copy To: The Irvine Company LLC 550 Newport Center Drive Newport Beach, CA Attn: General Counsel s Office EXEMPT FROM RECORDING FEES PER GOVT. CODE SEC EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX. CODE SEC (Space Above For Recorder s Use) ASSIGNMENT OF EASEMENT This Assignment of Easement ( Assignment Agreement ) is made as of March 31, 2014, by and between THE IRVINE COMPANY LLC, a Delaware limited liability company ( Company ), as assignor, and the SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, a community college district of the State of California ( District ), as assignee. A. Company is the successor in interest to The Irvine Company, a West Virginia corporation. Pursuant to exceptions and reservations in that certain Grant Deed from Company s predecessor in interest, as grantor, and Southern California Edison Company ( SCE ), as grantee, recorded on December 29, 1971, in Book 9944, Pages of the Official Records of Orange County, California (the Grant Deed ), Company holds a nonexclusive easement and right-of-way to construct, reconstruct, use, operate, maintain and repair roads and various utilities and facilities (the Road & Utility Easement ) in, on, over, under, through and across certain land in the City of Irvine, County of Orange, State of California as described more specifically in the Grant Deed (the SCE Land ). Company s exercise of its reserved rights under the Road & Utility Easement is subject to the conditions that any exercise of same (a) shall be without cost to SCE, and (b) shall not interfere with or endanger, in the opinion of SCE, the operation or maintenance of the facilities of SCE. B. In connection with District s desire to provide additional access to its campus at Irvine Valley College ( IVC ), District wishes to construct an access road (the Roadway ) between the IVC campus boundary and Barranca Parkway. Part of the Roadway would cross over the portion of the SCE Land described on Exhibit A and depicted on Exhibit B attached hereto (the Easement Area ). C. In order to implement the construction and operation of the Roadway over the Easement Area, District desires to obtain from Company and Company desires to assign to District a non-exclusive right to use the Road & Utility Easement over the Easement Area, subject

2 Page 2 of 12 to the terms and conditions of the Grant Deed. A copy of the Grant Deed that contains the language of the Road & Utility Easement and the terms and conditions related to the exercise of said easement is attached as Exhibit C to this Assignment Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained and other valuable consideration, Company and District agree as follows: 1. Assignment of Road & Utility Easement; Acceptance by District. Pursuant to its rights under the Grant Deed, Company hereby assigns, grants and conveys to District the Road & Utility Easement over the portion of the SCE Land located within the Easement Area, and District hereby accepts such assignment, effective on the date set forth in Section 3 below (the Effective Date ). District acknowledges and agrees that (a) Company is not the fee owner of the SCE Land upon which the Easement Area is located, (b) the easement assigned hereunder is non-exclusive and does not affect Company s rights to utilize the Road & Utility Easement in any portion of the SCE Land, and (c) the assignment and grant of such easement hereunder is subject to the relevant terms and conditions of the Grant Deed. 2. Assumption by District. Effective upon the Effective Date, District, for the benefit of Company, hereby (a) agrees to the terms of the Road & Utility Easement assigned hereunder, and (b) agrees, with respect to its exercise of the rights assigned to it hereunder, including but not limited to the construction, use, operation and maintenance of the Roadway, to be bound by and comply with all obligations under the Grant Deed related to the Road and Utility Easement. 3. Attorney s Fees. In the event any declaratory or other legal or equitable action is instituted between Company and District in connection with this Assignment Agreement, then the prevailing party shall be entitled to recover from the losing party all of the prevailing party s costs and expenses, including court costs and reasonable attorneys' fees as determined by the trier of fact. 4. Effective Date. This Assignment Agreement shall be deemed effective as of the recordation of this document in the Official Records of Orange County, California. 5. Governing Law. This Assignment Agreement shall be construed and enforced in accordance with the laws of the State of California. IN WITNESS WHEREOF, Company and District have executed this Assignment Agreement as of the date first set forth above. THE IRVINE COMPANY LLC, a Delaware limited liability company By: Daniel T. Miller Senior Vice President By: Jamie Yoshida Assistant Secretary

3 Page 3 of 12 CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property conveyed by the within instrument from The Irvine Company LLC, a Delaware limited liability company, to the South Orange County Community College District, a community college district of the State of California ( District ), is hereby accepted by the undersigned officer or agent on behalf of the District pursuant to authority conferred by resolution of the Board of Trustees of the District adopted on March 31, 2014, and the District consents to recordation thereof by its duly authorized officer. South Orange County Community College District Dated: By: Dr. Debra L. Fitzsimons Vice Chancellor of Business Services STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On, 2014, before me,, a Notary Public in and for said State, personally appeared Debra L. Fitzsimons, 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 and for said State

4 Page 4 of 12 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On, 2014, before me,, a Notary Public in and for said State, personally appeared Daniel T. Miller, 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 and for said State STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On, 2014, before me,, a Notary Public in and for said State, personally appeared Jamie Yoshida, 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 and for said State

5 Page 5 of 12 EXHIBIT A DESCRIPTION OF EASEMENT AREA

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7 Page 7 of 12 EXHIBIT B DEPICTION OF EASEMENT AREA

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9 Page 9 of 12 EXHIBIT C COPY OF GRANT DEED

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