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HomeMy WebLinkAbout20A - OC STREETCAR DESIGNREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 17, 2018 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND SECOND AMENDMENT TO OC STREETCAR DESIGN COOPERATIVE AGREEMENT; AND AUTHORIZE EXECUTION OF PURCHASE AND SALE AGREEMENT FOR EASEMENT ACQUISITION (NONGENERAL FUND) (PROJECT NO. 17-6766) (STRATEGIC PLAN NO 3,2C & 413; 6, 1 G) Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute a second amendment to the cooperative agreement with the Orange County Transportation Authority for design of the OC Streetcar Project, to reflect the transfer of the agreed-upon easements from the City of Santa Ana, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a Purchase and Sale Agreement for two easements to be purchased by the Orange County Transportation Authority in the amount of $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 3. Approve an Appropriation Adjustment recognizing income from the sale of the two easements in the amount of $200,000 into the Select Street Construction Revenue Account, and appropriating the same into the Select Street Construction Expenditure Account. DISCUSSION On March 15, 2016, a Design Cooperative Agreement (Agreement) with the Orange County Transportation Authority (OCTA) was approved by City Council for the design of the OC Streetcar Project (Project). The Agreement outlines the general roles and responsibilities between the City of Santa Ana and OCTA for the design phase of the Project. The Agreement was subsequently executed by OCTA on May 9, 2016. A first amendment to the agreement was later approved on April 4, 2017, which slightly revised the scope of the agreement and adjusted the expenditure plan. 20A-1 Amendment to OC Streetcar Design Cooperative Agreement July 17, 2018 Page 2 The proposed second amendment to the Agreement (Exhibit 1) updates Section 10.3, "City Property' of Exhibit B, "Project Scope', to reflect the transfer of the agreed-upon easements to OCTA by the City. The City agreed to sell to OCTA, at an appraised value of $200,000, two easements at the City Hall parking lot for one of the OC Streetcar traction power substations (Exhibits 2 & 3). Additionally, the City agrees to identify the following permanent easements for Project use at no cost to OCTA: - Easement at Santa Ana Regional Transportation Center for the OC Streetcar Platform and Traction Power Substation (Exhibit 4) - Easement at abandoned Fourth Street adjacent to Sasscer Park, for construction, maintenance, and operation of the OC Streetcar (Exhibit 5) STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet the following Strategic Plan Goals: 1. Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). 2. Goal #3 - Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). 3. Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans; e.g., transit vision, street car, fixed guideway project, SARTC master plan, Bristol Street widening, neighborhood streets, traffic improvements, park facilities, sport fields, soccer fields, senior centers, bike master plan, etc.). ENVIRONMENTAL IMPACT c There is no environmental impact associated with this action. 20A-2 Amendment to OC Streetcar Design Cooperative Agreement July 17, 2018 Page 3 FISCAL IMPACT The City has agreed to a $200,000 purchase price for two easements at the City Hall parking lot. These funds will be set aside for any unforeseen expenditures related to the implementation of the OC Streetcar route in Santa Ana. The recommended appropriation adjustment will recognize income from the easement purchase in the amount of $200,000 into the Select Street Construction Revenue Account (No. 05917002-57071) and appropriate the same into the Select Street Construction Expenditure Account (No. 05917660-66220). / I �? APPROVED AS TO FUNDS & ACCOUNTS: �YLA-� - ';t C\a L" )L� — Fuad S. Oweiss, PE, PLS Francisco Gutierrez N� 41-s� ExecutivH Director Executive Director Public V40rks Agency Finance & Management Services Agency FSS/EWG/JG/ST Exhibits: 1. Design Cooperative Agreement Amendment No. 2 2. Purchase and Sale Agreement for Easement 3. Legal Description and Exhibit for Permanent Easement — City Hall Parking Lot 4. Legal Description and Exhibit for Permanent Easement — SARTC 5. Legal Description and Exhibit for Permanent Easement — Sasscer Park 20A-3 20A-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.:2 TO COOPERATIVE AGREEMENT NO. -C-5=3583.---` BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR THE DESIGN PHASE OF THE OC STREETCAR PROJECT THIS AMENDMENT NO. 2 is effective this day of 2018, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange Califomia 92863-1584, a public entity of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Santa Ana, a charter city and a municipal corporation (hereinafter referred to as "CITY"), each individually known as "Party" and collectively referred to as "Parties". WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-5-3583, dated August 1, 2015 (the "Agreement'), as last changed by Amendment No. 1 dated April 11, 2017, for support of the design phase of the OC Streetcar, and WHEREAS, the Agreement provided for the CITY's sale and/or grant of certain CITY -owned property interests to the AUTHORITY for the construction, operation, and maintenance of the traction power substation and related equipment necessary for the OC Streetcar, and WHEREAS, the Parties agree that the AUTHORITY will provide the necessary funds to acquire the specified properties necessary for construction and operation of OC Streetcar; and WHEREAS, the Parties agree to amend Exhibit B, "Project Scope", Section 10.3 —City Property, for revised locations of the traction power substations for construction and operation of the OC Streetcar, and WHEREAS, the CITY's City Council approved this Amendment No. 2 on EXHIBIT 1 Page 1 of 3 L:\Camm\CLERICAL\W ORDPROCWGREEW MEND\AM253583.docx 20A-5 AMENDMENT NO.2 TO AGREEMENT NO. C-5-3583 1 NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY 2 that the Agreement is hereby amended in the following particulars only: 3 1. Amend Exhibit B, `Project Scope" to delete Section 10.3, "City Property" in its entirety 4 and replace with the following: 5 "10.3 CITY PROPERTY 6 The CITY agrees to sell to the AUTHORITY the CITY property, at the appraised value, 7 necessary for the AUTHORITY to construct, operate, and maintain a traction power substation and 8 related equipment necessary for the OC Streetcar at the following location: 9 (2) easements — City Hall Parking Structure (Traction Power Substation and 10 Public Utility Easement) (Appraise/Sell) 11 The CITY agrees to grant to the AUTHORITY an easement to use CITY property for streetcar 12 purposes, including the right to construct, operate, and maintain traction power substations and related 13 equipment necessary for the OC Streetcar at the following (2) locations: 14 • (1) easement — Santa Ana Regional Transportation Center (Platform and 15 Traction Power Substation and Guideway) (Grant) 16 • (1) easement —Abandoned 40' Street adjacent to Sasscer Park (Easement for 17 construction, maintenance, and operation) (Grant) 18 The CITY and AUTHORITY agree to execute a separate Purchase and Sales Agreement 19 (P&SA) which shall describe the terms and conditions for the sale of the City Hall Parking Structure 20 easements (fraction Power Substation and Public Utility Easement) and the granting of the Santa Ana 21 Regional Transportation Center easement (Platform and Traction Power Substation and Guideway) and 22 the Sasscer Park easement (Easement for construction, maintenance, and operation) to the 23 AUTHORITY. The AUTHORITY agrees to minimize the amount of property purchased or used while 24 providing for construction, operations, and maintenance activities. The AUTHORITY and the CITY shall 25 work collaboratively to ensure the traction power substation sites are not obtrusive to surrounding uses 26 Page 2 of 3 L:\Camm\CLERICAL\WORDPROC\AGREEIAMENDWM253583.doac 20A-6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 ' 24 25 ML 26 AMENDMENT NO. 2TO AGREEMENT NO. C-5-3583 through the Station and Urban Design effort identified in Exhibit B, "Project Scope" Section 5.9.1. of original Agreement No. C-5-3583." The balance of said Agreement remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C-5-3583 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Raul Godinez II City Manager APPROVAL AS TO FORM: By: i+ri/ A� `lit/.'TL . 9L S a Carvalho City Attorney ATTEST: Bv: Maria D. Huizar City Clerk Dated: Meena Katakia Manager, Capital Projects APPROVAL AS TO FORM: Page 3 of 3 L:\Camm\CLEPoCALIWORDPROC%AGREEViMENDW M253583.docz 20A-7 20A-8 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 20 Civic Center Plaza Santa Ana, CA 92701 Property Address OC STREETCAR PROJECT OCS-004-01, -02 OCS-008 OCS-009-01, -02 Parcel No(s) 008-067-47 398-221-23,008-068-09 398-351-04,-05,-07,-08 APN(s) TBD -Pending FTA Federal Project No. Escrow No. Title Order No. PURC-HASE-AND.,SALE AGREEMENT This PURCHASE AND SALE AGREEMENT ("PSA") is dated for reference purposes as of the _ day of 2018 ("Date of PSA"), and is being entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California ("CITY" or "Seller"), and the ORANGE COUNTY TRANSPORTATION AUTHORITY, a Public Entity, ("AUTHORITY" or "Buyer"), for the acquisition by Buyer of certain real property interests described below. Each will be individually known as "Party" and collectively known as the "Parties". RECITALS WHEREAS, the OC Streetcar Project ("Project') is a modem streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove; WHEREAS, the CITY and AUTHORITY entered into COOPERATIVE AGREEMENT No. C-5-3583 ("Agreement') on August 1, 2015 for support of the design phase the Project; WHEREAS, the CITY owns the real property located at the City Hall Parking Structure, Sasscer Park, and the Santa Ana Regional Transportation Center (SARTC), known as APNs 008-067-47; 398-221-23, 008-068-09; and 398-351-04, -05, - 07, -08, in the County of Orange (collectively, the "CITY Property"); WHEREAS, the CITY agrees to sell to the AUTHORITY the CITY property, at the appraised value, necessary for the AUTHORITY to construct, operate, and maintain a traction power substation and related equipment necessary for the Project at the following location described in Amendment No. 2 to the Agreement: (2) easements- CityrHall.=Parking�Structure'(-Traction"Power'Substation.ands,Public�Utility_-Easement) (Appraise/Sell)'" WHEREAS, the CITY agrees to grant to the AUTHORITY an easement to use CITY property for streetcar purposes, including the right to construct, operate, and maintain traction power substations and related equipment necessary for the Project at the following two (2) locations described in Amendment No. 2 to the Agreement: (1) easement- Santa Ana Regional Transportation Center (Platform and Traction Power Substation and Guideway) (Grant) (1) easement- Abandoned 4th Street adjacent to Sasscer Park (Easement for construction, maintenance, and operation) (Grant) NOW, THEREFORE, the CITY agrees to sell and grant interests in the CITY Property to the AUTHORITY and the AUTHORITY agrees to purchase interests in the CITY Property from the CITY upon the terms and for the consideration set forth in this PSA and through the instruments attached as follows: EXHIBIT 2 20A-9 ORANGE COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.2 1, it shall be kept confidential in order to protect against unauthorized disclosure. • Document No. OCS-004-01 also known as APN 008-067-47 in the form of a Public Utility Easement deed attached hereto as Exhibit "1" covering a portion of the City Hall Parking Structure as described and depicted in Exhibits "A" and `B" attached to said Public Utility Easement; and Document No. OCS-004-02 also known as APN 008-067-47 in the form of a Traction Power Substation Easement deed attached hereto as Exhibit "2" covering a portion of the City Hall Parking Structure as described and depicted in Exhibits "A" and 'B" attached to said Traction Power Substation Easement deed (collectively the "City Hall Parking Structure"). • Document No. OCS-008 also known as APN 398-221-23, 008-068-09 in the form of an Easement Deed attached hereto as Exhibit "3" covering a portion of Sasscer Park ("Sasscer Park") as described and depicted in Exhibits "A" and `B" attached to said Easement Deed. • Document No. OCS-009-01 and OCS-009-02 also known as APN 398-351-04, 398-351-05, 398-351-07, and 398-351-08 in the form of a Platform and Traction Power Substation Easement deed attached hereto as Exhibit "4" covering a portion of the Santa Ana Regional Transportation Center ("SARTC") as described and depicted in Exhibits "A" and `B" attached to said Platform and Traction Power Substation Easement deed. 1. It is agreed that AUTHORITY shall conduct an internal escrow. This PSA constitutes the joint escrow instructions of AUTHORITY and CITY. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow. 2. (A) AUTHORITY shall pay the CITY the sum of Two Hundred Thousand Dollars and No Cents ($200,000.00), the appraised value, for the property at the City Hall Parking Structure when title to said Property interests vests in AUTHORITY free and clear of all liens, deeds of trusts, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes. The CITY will grant at no cost the property interests at Sasscer Park and SARTC. (B) AUTHORITY will pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by AUTHORITY, the premium charged therefore. Due to AUTHORITY's status as a public entity, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code Section 11922). (C) It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by OCTA, including the right to remove and dispose of improvements, shall commence on the close of escrow controlling this transaction, and that the amount shown in Clause 2 (A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. (D) CITY agrees that the payment described in Clause 2 (A) above shall constitute full and fair compensation for any and all claims that CITY, and its successors and assigns, may have against AUTHORITY for the acquisition of the Property interests. (E) The property rights shall transfer upon the close of escrow. (F) Should the property be materially destroyed by fire, earthquake, or other calamity without the fault of either party, this contract may be rescinded by AUTHORITY; in such an event, AUTHORITY may reappraise the property and make an offer thereon. (G) In the event AUTHORITY determines that acquisition of the Property interests is no longer feasible for the Project, AUTHORITY may revoke this offer at any time. 20A-10 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL t Purchase and Sale Agreement This document contains personal rm infoa[iou, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 3. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages, which have accrued or may accrue to CITY's remaining property by reason of its severance from the property conveyed herein and/or the construction and use of the proposed Project, including, but not limited to, any expense which CITY may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction. 4. Any notice either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92701 Attn: Clerk of the Council To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attn: Real Property Department It is understood and agreed by and between the parties hereto that this PSA inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and/or assignees. Neither this PSA, nor any of the Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior consent of the other Party. 6. CITY represents and warrants that, to the best of the CITY'S knowledge, during the period of CITY's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. CITY further represents and warrants that CITY has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to CITY taking title to the Property, other than that described in the Environmental Report. If contamination is found, this offer will be subject to amendment. 7. The acquisition price of the Property interests being acquired in this transaction reflects the full and complete settlement of the Property interests without the presence of contamination. If the Property interests being acquired are found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, AUTHORITY may elect to recover the clean-up costs from those who caused or contributed to the contamination including, but not limited to, CITY. 8. This PSA constitutes the entire agreement between the parties hereto with respect to the subject matter of this PSA and may not be modified except by an instrument in writing signed by the party to be bound thereby. 9. If any term or provision of this PSA shall be held to be invalid or unenforceable, the remainder of the PSA shall remain in full force and effect. 10. Each individual executing this PSA on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this PSA and that said entity will thereby be obligated to perform the terms of this PSA. 20A-11 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 11. This PSA may be executed in counterparts, including by facsimile and/or electronic transmission (i.e., email), each of which so executed counterpart shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 12. This Agreement is subject to approval by AUTHORITY's governing Board of Directors and CITY'S City Council. SIGNATURE PAGE FOLLOWS 20A-12 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL Purchase and Sale Agreement info document contains personal g information, and pursuant to Civil Code section 179821, it shall be kept confidential in order to protect against unauthorized disclosure. In Witness Miereof, the parties have executed this Purchase and Sale Agreement on the day and year set forth below. CITY OF SANTA ANA By: Raul Godinez, II City Manager Date: Approved as to Form: By: o 'a R. Carvalho �_ City Attorney Date: 1— Z By: Fuad S. Sweiss Executive Director, Public Works Agency Date: ORANGE COUNTY TRANSPORTATION AUTHORITY James G. Beil DATE Executive Director, Capital Programs Approved as to Form: By: James M. Donich DATE General Counsel Orange County Transportation Authority 20A-13 ORANGE COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (008-06747) CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall he kept confidential in order to protect against unauthorized disclosure. Document No. OCS-004-01 / Public Utility Easement (Exhibit °°1") (SEE THE FOLLOWING PAGES) 20A-14 NO FEE DOCUMENT Exempt per Government Code &6103 & $27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Above Space For Recorder's Use On] Project Name: OC Streetcar Pro Address: Santa Ana, California APN: 008-067-47 Project Parcel No.: OCS-004-01 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive public utility easement ("PUE") for the purpose of constructing, maintaining, repairing, relocating, and adjusting, as applicable, underground utility and communication facilities and their appurtenant fixtures and equipment, as required, in and under that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. During the Construction Period, OCTA's use and occupancy of the PUE will be exclusive, subject to the rights and limitations set forth below. OCTA's use and occupancy of the PUE prior to and after the Construction Period will be non-exclusive. Rights and Limitations of Use and Occupancy of PUE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this PUE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PUE area. • Reasonable pedestrian access to the property shall be maintained at all times • Access to the PUE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the PUE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this PUE. o Approximately 5,600 SF of pavement 0 33 parking stalls (temporarily) • The following improvements within the PUE area will be protected in place: o None 1201539.1 20A-1 5 • The following improvements within the PUE area will be constructed and/or replaced in kind by OCTA: o Pavement o Striping of affected parking stalls o Affected landscaping and irrigation Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. Prior to the termination of the Construction Period, OCTA will remove from the PUE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The PUE area will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. There shall not be constructed any improvement in, on, over, under, across or within the PUE that would impede the rights as defined herein. Once the utilities are in place, the surface of the PUE may be used for access or automobile parking purposes. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: M Sonia R. Carvalho City Attorney Approved as to Form: Z Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-16 ACKNOWLEDGEMENT 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 ORANGE On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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. (seal) 1201539.1 Signature 20A-17 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Bell Executive Director, Capital Programs 1201539.1 20A-1 8 PSOMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1, 2 and 6 through 10, Block `D,' of the Ross Addition to Santa Ana, recorded in 7 Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, 8 together with those portions of Van Ness Street and Parton Street vacated per Resolution 9 69-27 of the City Council of the City of Santa Ana adopted February 17, 1969, a certified 10 copy of said resolution being recorded in Book 8878, Page 863 of Official Records of 11 said Orange County, described as follows: 12 13 Beginning at the intersection of the northwesterly line of Santa Ana Boulevard (54 -foot 14 northerly half -width) as described in the Easement Deed to the City of Santa Ana, 15 recorded in Book 8 82 1, Page 290 of Official Records of said county, with the westerly 16 line of said Lot 6, said northwesterly line being a curve concave northwesterly having a 17 radius of 746.00 feet, a radial line to said curve bears South 09°25'05" East; thence 18 southwesterly along said curve and said northwesterly line, 21.13 feet through a central 19 angle of 01'37'21 "; thence North 12'15'18" West 22.08 feet; thence 20 North 67°48'31" East 286.30 feet; thence North 57°59'03" East 3.09 feet; thence 21 North 55034'50" East 12.16 feet; thence North 55°37'54" East 17.92 feet; thence 22 North 54050137" East 2.80 feet; thence South 89°24'45" East 30.75 feet to the beginning 23 of a non -tangent curve concave northwesterly, having a radius of 725.00 feet, a radial line 24 to said beginning bears South 35'36'16" East; thence southwesterly along said curve 25 86.42 feet through a central angle of 06°49'48"; thence North 29°26'32" West 5.44 feet; 26 thence South 67°48'31" West 223.83 feet; thence South 12'29'18" East 17.33 feet to the 27 northwesterly line of said Santa Ana Boulevard, said point also being the beginning of a 28 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 29 said beginning bears South 11012'12" East; thence southwesterly along said curve and 30 M:\2HNT010400\SURVEY\LEGAIS\TPSS}\Description\V-LG-PE-DESC-APN 008-06747—Below—REV 3.docx Page 1 oft 3/9/2018 20A-19 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PSOMAS said northwesterly line 21.07 feet through a central angle of 01'37'06" to the Point of Beginning. Containing 5,524 sq. ft. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. J Peter J. Fitzpatrick, PLS 6777 PETER J. FITZPATRICK No. 6777 W 7 M:\2HNT010400\SURVEMEGALS\TPSS_3\Descrip[ion\V-LG-PE-DESC-APN 008.067-47_Below REV 3.do" 3/92018 20A-20 Page 2 of 2 EXHIBIT "B" LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904, O.R. RESOLUTION 69-27 ORDERING VACATION OF STREETS AND P- RESERVING EASEMENTS FOR PUBLIC UTILITIES BK 8878. (n PG 863. O.R. y o ---- -- -- r —'-TIS---T---T w w I I I IAPN 008-067-47 I I Lu o ;� r o BILK E l o, I I ALK .� Z Z l a l i A l Sr,UK ; y PAGE Q ROSS I ADD To SANTA ANA RECORDED151K 3, PGS 534 ?• 535 60' OF NJISC..i REGOROS; LA CDJ�;TY 60' LOT 5 I LOT 4 l LOT 3 I LOT 2 I LOT I L3 L5 LE GRANT OF EASEMENT FOR ELECTRICALI it AND COMMUNICATION 5 I I I I L2 703, O.R.PER BK. 10338, PG. 7D3. OI I 2 REC. 9/22/1972 1 G \ 30' 30' I 1 I 6 30 / T�--I- w I LOT b LOT 71 LOT B V) l I L7 �D S35 Sz,-CE(R� \� S38°46'28"E (R) oao�u\i I I E 2 LOT 9 I 3� A8 I Q � ¢mm� N630 vwi¢¢�'c� I y,� 5 L8 63°A `n / Qowc�w I wwda� I �' �1L�1J S1140�1 2"E (R) y / L C1 C3 Cq EASEMENT DEED FOR STREET S07°47'44"E(R) AND HIGHWAY PURPOSES P.O.B 9°25'05"E (R) PER BK 8821, PG 290. O.R. v REC. 12/19/1968 cn N Z \\ LL 130'Z 30' CURVE DATA: LEGEND: PERMANENT EASEMENT i/ SCALE 1" = 60' DESCRIPTION PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA LINE DATA: RADIUS ANGLE LENGTH Cl 746.00' 01°37'21" L2 21.13' C2 725.00' 06°49'48" N55034'50"E 86.42' C3 746.00' 01037'06" 21.07' C4 746.00' 03°14'27" 2.80' 42.20' SCALE 1" = 60' DESCRIPTION PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA LINE DATA: P 5 0 M A s m°C.A50)°waf27U 7141751-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 BEARING DISTANCE L1 N12015'18"W 22.08' L2 N57°59'03"E 3.09' L3 N55034'50"E 12.16' L4 N55°37'54"E 17.92' L5 N54°50'37"E 2.80' 1-6 S89°24'45"E 30.75' L7N29°26'32"W 5.44' L8 S12.29,18 "E I17.33' P 5 0 M A s m°C.A50)°waf27U 7141751-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 ORANGE COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (008-06747) CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.2 1, it shall he kept confidential in order to protect against unauthorized disclosure. Document No. OCS-004-02 / Traction Power Substation Easement (Exhibit 11211) (SEE THE FOLLOWING PAGES) 20A-22 NO FEE DOCUMENT Exempt per Government Code 0103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Above Space For Recorder's Use On] Project Name: OC Streetcar Project Address: Santa Ana, California APN: 008-06747 Project Parcel No.: OCS-004-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive traction power substation easement (TPSSE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, above ground and underground facilities, and their appurtenant fixtures and equipment, including but not limited to utility and communication facilities, as required, in, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of TPSSE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this TPSSE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the TPSSE area. • The emergency driveway/gated area in the NE area will not be accessible during the Construction Period • Access to the TPSSE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the TPSSE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this TPSSE. o Pavement within limits of TPSSE 0 6 parking stalls (permanently) • The following improvements within the TPSSE area will be protected in place: o Adjacent retaining wall o Adjacent fencing 1201539.1 20A-23 The following improvements within or adjacent to the TPSSE area will be constructed and/or replaced in kind by OCTA: 0 8 -foot tall fencing similar to adjacent fencing o Pavement around TPSS unit and electrical equipment o Raised parking lot island with concrete curb o Landscape and irrigation Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. Prior to the termination of the Construction Period, OCTA will remove from the TPSSE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The area around the TPSSE and unit will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. The TPSS unit and electrical equipment will be enclosed by a fence/gate and will be locked. There shall not be constructed any improvement in, on, over, under, across or within the TPSSE that would impede the rights as defined herein. Once the TPSS unit is in place, a portion of the surface of the TPSSE may be used for access including fire access. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: 0 Sonia R. Carvalho City Attorney Approved as to Form: M Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-24 ACKNOWLEDGEMENT 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 ORANGE On 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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 (seal) 1201539.1 20A-25 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-26 PSOMAS 1 EXHIBIT'A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1 and 10, Block `D,' of the Ross Addition to Santa Ana, recorded in Book 3, Pages 7 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with 8 those portions of Van Ness Street vacated per Resolution 69-27 of the City Council of the 9 City of Santa Ana adopted February 17, 1969, a certified copy of said resolution being to recorded in Book 8878, Page 863 of Official Records of said Orange County, described 11 as follows: 12 13 Commencing at the intersection of the northwesterly line of Santa Ana Boulevard 14 (54 -foot northerly half -width) as described in the Easement Deed to the City of Santa 15 Ana, recorded in Book 8821, Page 290 of Official Records of said county, with the 16 westerly line of Lot 6 of Block `D' of said Ross Addition to Santa Ana, said 17 northwesterly line being a curve concave northwesterly having a radius of 746.00 feet, a 18 radial line to said curve bears South 09°25'05" East; thence northeasterly along said 19 curve and the northwesterly line of said Santa Ana Boulevard, 252.27 feet through a 20 central angle of 19°22'30" to the True Point of Beginning; thence 21 North 29026132" West 21.00 feet to the beginning of a non -tangent curve concave 22 northwesterly having a radius of 725.00 feet, a radial line to said curve bears 23 South 28046128" East; thence northeasterly 86.42 feet along said curve through a central 24 angle of 06°49'48"; thence South 89°24'45" East 1.34 feet to the westerly line of the land 25 described in the Grant Deed to the State of California recorded on September 26, 2007 as 26 Document Number 2007000582904 of Official Records of said county; thence along said 27 westerly line South 00°01'32" West 2.84 feet; thence South 51°55'16" West 0.83 feet; 28 thence South 00'17'58" East 21.73 feet to said northwesterly line and the beginning of a 29 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 30 1 said curve bears South 34°31'58" East; thence southwesterly 74.73 feet along said curve M:\2HNT010400\SURVEY\LEGALS\TPSS 3\Description\V-LG-PE•DESC-APN 008 -067 -47 -Above Grade REV 2.docx Page l oft 03/09/2018 20A-27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PS OMAS and said northwesterly line through a central angle of 05°44'23" feet to the True Point of Beginning. Containing 1,702 sq. ft. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. Ad Peter J. Fitzpatrick, PLS 6777 PETER J. FITZPATRICK No. 6777 M:12HNT010400\SURVEY\LEGALS\TPSS_3\De cription\V-LG-PE-DESC-APN 008-06747 -Above Grade_REV 2.docx 03109/2018 20A-28 Page 2 of 2 E (R) DETAIL "A" N.T.S. EXHIBIT "B" LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904. O.R. - L5i' RESOLUTION 69-27 ORDERING VACATION OF STREETS AND h - RESERVING EASEMENTS FOR PUBLIC UTILITIES M BK 8878, PG 863. O.R. o ------ r ----T11---T---T -- Q I o[,IF I IIAPN 008-067-47 I I W o I I I B� 1< D I Z Z a l i A 4. I Jofji< 3 y FAD- ,j -j I Q aOZ a ROssIADD To sANTA ANA 1 > �� RrGORDrJ ax 3>' PGS4 534 %? 535 60 0= OF Ad180,i REGORDSy A 001 JNTY I l 6D' LOT 5 I LOT 4 I I LOT 3 I LO7 2 I LOT II -y)7 w GRANT OF EASEMENT FOR ELECTRICALI II I I AND COMMUNICATION SYSTEMS I� I I IG'` L5 PER BK. 10338. PG. 703, O.R. I ���-IL,I REC. 9/22/19720' I 30' I I iRl '----–I---� — '21� 6 `L V) I LDT b I LOT 7I I LOT 8 15201 1 �1 G n O ' I / `0 IW oa En ' I I I I1.0� '' T.P.O.B. �Q 1 - wlt~c�- I I I 1 LOT 9 !/' l �j' � w 3iPMI.j ,m emm00f vi= L; a owc�w 1 9.22 a_ — --__ EASEMENT DEED FOR STREET ' AND HIGHWAY PURPOSES P.tC\SO9*25'05"E (R) PER BK 8821. PG 290. O.R. c REC. 12/19/1968 _�- LEGEND: 1 CURVE DATA: 30' PERMANENT EASEMENT / -- P.O.C.- POINT OF COMMENCEMENT -� T.P.O.B.- TRUE POINT OF BEGINNING ! LINE DATA: RADIUS DELTA LENGTH C1725.00' 06°49'48" 86.42' C2 746.00' 05°44'23" 74.73' 0' 30' 60' 120' 180' SCALE 1" = 60' PERMANENT EASEMENT FOR APN 008-067-47 GTY OF SANTA ANA P SOMA S Svnl4'Ma CWf.— CZ07 0 714/751-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED FD/NG CHECKED JLE DATE 03/09/2016 JOB NUMBER 2HNT010400 Y..HNT010400\SURVEY\LECGLS\TPSS-3\Err BEARING DISTANCE L1 N29°26'32"W 21.00' L2 S89°24'45"E 1.34' L3 SOO'01'32"W 2.84' L4 S51°55'16"W 0.83' L5 SOO'17'58"E 21.73' 0' 30' 60' 120' 180' SCALE 1" = 60' PERMANENT EASEMENT FOR APN 008-067-47 GTY OF SANTA ANA P SOMA S Svnl4'Ma CWf.— CZ07 0 714/751-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED FD/NG CHECKED JLE DATE 03/09/2016 JOB NUMBER 2HNT010400 Y..HNT010400\SURVEY\LECGLS\TPSS-3\Err ORANGE COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (398-221-23, 008-068-09) CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. Document No. OCS-008 / Easement Deed (Exhibit "3") (SEE THE FOLLOWING PAGES) 20A-30 NO FEE DOCUMENT Exempt per Government Code 46103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Above Space For Project Name: OC Streetcar Pr( Address: Santa Ana, California APN: 398-221-23, 008-068-09 Project Parcel No.: OCS-008 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive permanent easement (PE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, track, track slab; platforms, including, but not limited to subsurface foundations and footings; ticket vending machines; utilities; overhead catenary systems; and communication systems, along with their appurtenant fixtures and equipment, as required, in, over, under, across and within that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of PE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this PE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PE area. • Reasonable pedestrian access to adjacent properties shall be maintained at all times • Access to the PE area shall be from public right of way. • The following improvements within the PE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed as identified on the project plans shall be included in the compensation paid by OCTA for this PE, including but not limited to: o Brick/concrete pavers o Concrete sidewalk/banding, as required o Trees, as required o Landscaping and raised concrete planter boxes as required o Fire Hydrant o Water Main o Site Drainage System 1201539.1 20A-31 • The following improvements within the PE area will be protected in place: o None • The following improvements within the PE area will be constructed and/or replaced by OCTA: o Linear concrete pavers o Decorative concrete banding o Landscaping and trees o Fire Hydrant o Water Main o Site Drainage System • Surface drainage patterns will be maintained during construction and restored to pre- existing conditions. • Prior to the termination of the Construction Period, OCTA will remove from the PE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. • There shall not be constructed any improvement in, on, over, under, across or within the PE that would impede the rights as defined herein. OCTA expressly reserves the right to convey, transfer, or assign the PE subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: W Sonia R. Carvalho City Attorney Approved as to Form: LO Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-32 ACKNOWLEDGEMENT 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 ORANGE On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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. (seal) Wa." 1201539.1 Signature 20A-33 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-34 PSOMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being that portion of 6 4th Street abandoned per Resolution No, 69-27, recorded on February 19, 1969 in Book 7 8878, Page 863 of Official Records of said County, together with that portion of the 4h 8 Street abandoned per Resolution No. 80-160, recorded on October 20, 1983 in Book 9 13796, Page 1800 of Official Records of said County, described as follows: 10 11 Beginning at the northeasterly corner of Lot 1, Block `1', of the Jacob Ross Addition to 12 Santa Ana, recorded in Book 5, Page 582 of Miscellaneous Records of Los Angeles 13 County, California; thence along the northerly line of said Lot 1 North 82°45'22" West 14 15.00 feet to the westerly line of North Ross Street, (80 feet wide) as shown on said 15 Jacob Ross Addition to Santa Ana and the True Point of Beginning; thence 16 North 89023'44" West 82.53 feet; thence North 00°36'16" East 13.44 feet; thence 17 North 89023'44" West 192.87 feet; thence South 01007'03" West 12.34 feet to the 18 southerly line of said 4th Street; thence along said southerly line North 89°23'44" West 19 10.03 feet to the beginning of a non -tangent curve concave northerly having a radius of 20 569.44 feet, a radial line to said curve bears South 01°41'49" West; thence westerly 21 55.13 feet along said curve through a central angle of 05°32'49"; thence 22 North 82045'22" West 19.28 feet to a curve concave northerly having a radius of 23 569.44 feet; thence westerly 23.04 feet along said curve through a central angle of 24 02°19'07'; thence North 80°26'15" West 57.94 feet to the curved southeasterly line of 25 Santa Ana Boulevard, (108 feet wide) per Resolution No. 68-186 recorded in Book 8819, 26 Page 934 of Official Records of said County, said curved southeasterly line being 27 concave northwesterly having a radius of 854.00 feet, a radial line to said curve bears 28 South 15025108" East; thence northeasterly 69.58 feet along said curve through a central 29 angle of 04°40'05"; thence South 89°23'44" East 38.78 feet; thence 30 South 07°14'38" West 12.24 feet to the beginning of a non -tangent curve concave 31 northerly having a radius of 545.00 feet, a radial line to said curve bears M:\2HNT010400\SURVEYU.EGALS\TPSS_3\Description\V-LG-PE-DESC-APN 398-221-23 and 008-068-09_REV 1.do" Page 1 of 2 3/92018 20A-35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 I&TO]WEIVI South 07°06'05" West; thence easterly 61.80 feet along said curve through a central angle of 06°29'48'; thence South 89°23'44" East 53.68 feet; thence North 00°36'16" East 14.77 feet; thence North 65°52'29" East 6.45 feet; thence South 33°09'11" East 4.57 feet to a curve concave northeasterly having a radius of 14.35 feet; thence southeasterly 14.02 feet along said curve through a central angle of 55°57'58'; thence South 89°23'44" East 118.22 feet; thence South 00°36'16" West 7.30 feet; thence South 89°23'44" East 14.75 feet to a curve concave northerly having a radius of 80.00 feet; thence easterly 33.07 feet along said curve through a central angle of 23°41'09'; thence North 66°55'08" East 38.42 feet to the westerly line of said Ross Street; thence along said westerly line South 00°03'18" West 47.61 feet to the True Point of Beginning. Containing 9,924 sq. ft. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. Peter J. Fitzpatrick, LS 6777 PETER J. FITZPATRICK No. 6777 * , Date � i v M:\2HNT010400\SURVEYILEGALS\TPSS_3\Description\V-LG-PE-DESC-APN 398-221-23 and 008-068-09_REV I.docx 3/9/2018 20A-36 Page 2 of 2 LINE DATA: RFARTN(; L1 EXHIBIT DISTANCE LENGTH 82.53' N00°36'16"E CURVE DATA: L1 N89°23'44"W DELTA LENGTH L2 N00°36'16"E 05°32'49" 13.44' L3 N89°23'44"W 569.44' 192.87' L4 S01"07'03"W C3 12.34' L5 N89'23'44"W C4 10.03' L6 N82045'22"W 61.80' 19.28' L7 N80°26'15"W zea 57.94' LB S89°23'44"E 23°41'09" 38.78' L9 S07°14'38"W 12.24' L10 S89°23'44"E I 0 53.68' L11 N00'36'16"E tr� `l 14.77' L12 N65°52'29"E 9 6.45' L13 S33°09'11"E JO 4.57' L14 S89°23'44"E 118.22' L15 S00°36'16"W 7.30' L16 S89-23 44"E 14.75' L17 N66°55'08"E 38.42' L16 500°03'18"W 47.61' L19 N82°45'22"W 15.00' 1113" RADIAL DATA: R1 S01°41'49"W RADIUS DELTA LENGTH Cl 569.44' 05°32'49" L6 55.13' C2 569.44' 02°19'07" O 23.04' C3 854.00' 04°40'05" 69.58' C4 545.00' 06°29'48" S 61.80' C5 14.35' 55"57'58" zea 14.02' C6 80.00' 23°41'09" 3RD STREET ,. 33.07' RADIAL DATA: R1 S01°41'49"W R2 S15°25'08"E W R3 S07'06'05"W L6 N R4 S20°05'13"E F- O R5 S00'52'51"W W Q a 4TH STREET ABANDONED PER RESOLUTION N 69-27 BK. 8878, PG 863 O.R. & PER RESOLUTION NO. 80-161 _ BK. 13796, PG 1800 O.R. 98-221-23 R4 L8 7 RRC3 W W _ _L7_ . �1 L6 N C2 C1m� Iz F- O Ja1C�J� FJ�vu = W Q a N: 98-221-24 Z 2 1 wz S ' AAA IA. (jouj\J rY F - BLOM< zea Yrllii w 3RD STREET ,. Q. L 1 L13 L16 CS R5 114 L15 J, 30' 0' 50' 100' 200' 300' SCALE 1" = 100' DESCRIPTION: PERMANENT EASEMENT- APN 398-221-23 & 008-068-09 CITY OF SANTA ANA `VAN NESS STREET DETAIL 'A' (ABANDONED) L3. L5 i 4 4----DETAIL-'A' �1 SEE HEREON W / p(A 7[i2) F- Z N: 398-221-26 = W Z S wz zm F - zea 30' 0' 50' 100' 200' 300' SCALE 1" = 100' DESCRIPTION: PERMANENT EASEMENT- APN 398-221-23 & 008-068-09 CITY OF SANTA ANA `VAN NESS STREET DETAIL 'A' (ABANDONED) N.T.S. W 5TH STREET m / r I ro � ' I I = W L z F - w � I � I I 0 z tr� `l 9 JO W 4TH STREET J r1 P.O.B. imp rrRAC �r JI � N � O I jN I 98-227-19 I 125' 40' I 15' I W I I IM I ' o ' IZ I i - � P S OMAS 200 3 Nulla° Cabe W,S. 300 gonia 1-7373 lo.w 93)0) )ug5f-A)J LEGEND: ® - PERMANENT EASEMENT SHEET 1 O 1 SCALE DRAFTED FD/NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 10400\9119VFTV FCAl S\TP55 3\Fxhlblt ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (398-351-04,398-351-05,398-351-07, and 398-351-08) Document No. OCS-009-01 and OCS-009-02/ Platform and Traction Power Substation Easement (Exhibit "4") (SEE THE FOLLOWING PAGES) 20A-38 NO FEE DOCUMENT Exempt per Government Code 0103 & U7383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Above Space For Recorder's Use Onl Project Name: OC Streetcar Project Address: Santa Ana, California APN: 398-351-04, 398-351-05, 398-351-07 and 398-351-08 Project Parcel No.: OCS-009-01 and OCS-009-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PLATFORM AND TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive perpetual platform and traction power substation easement which allows Grantee and its employees, agents, representatives, contractors, successors and assigns the right to use the described property for the construction, operations, maintenance, and all related purposes, of the OC Streetcar System, in, on, over, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights, Limitations of Use and Occupancy of Easements; and facilities to be constructed: • OCTA shall provide the City a minimum of thirty (30) -days written notice as to when construction will commence. • The OC Streetcar controlled work access zone is defined as the area extending four (4) feet beyond the farthest rail, any portion of a streetcar stop within ten (10) feet of a traction power substation unit and ten (10) feet from the overhead contact system (OCS). • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over, below or above Parcel 1 Easement area, except for driveway purposes. • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over, below or above Parcel l Easement area. • The facilities to be constructed on, over, below or above Parcel 1 Easement area are those elements included in the construction documents reviewed and approved by the City. • OCTA shall maintain all facilities within Parcel 1 Easement area with the exception o£ o Curb and gutter north of OCTA's traction power substation o Driveway pavement north end of TPSS area • The facilities to be constructed on, over below or above Parcel 2 Easement area are those elements included in the construction documents reviewed and approved by the City. 1201539.1 20A-39 • OCTA shall maintain all facilities within Parcel 2 Easement area with the exception of: o Driveway pavement south end of OC Streetcar Platform area o Sidewalk and curb and gutter at south end of OC Streetcar Platform area • Except as to those improvements identified below as being protected in place, improvements within the Easement areas will be removed as needed by OCTA to allow for construction activities. Pursuant to Amended and Restated Cooperative Agreement C-94- 859 and the Memorandum of Understanding C-5-3295 referenced above, no compensation will be paid by OCTA for this Easement or improvements. • The following improvements within the Easement area will be protected in place: o NONE OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein.• Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: 0 Sonia R. Carvalho City Attorney Approved as to Form: M Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-40 ACKNOWLEDGEMENT 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 ORANGE On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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 (seal) 1201539.1 20A-41 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-42 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `A' LEGAL DESCRIPTION I PERMANENT EASEMENTS I Parcel l: In the City of Santa Ana, County of Orange, State of California, being those portions of Block 43 and Brown Street (abandoned) of the Town of Santa Ana- East, recorded in Book 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of said Orange County; thence along the centerline of said Santiago Street South 25'28'19" East (South 26°04'21" East per said Record of Survey 84-1188) 561.32 feet; thence North 64°31'41" East 40.00 feet to a point on the northeasterly line of said Santiago Street, and the True Point of Beginning; thence along said northeasterly line North 25'28'19" West 55.00 feet; thence North 64°31'41" East 70.50 feet to a line parallel with and 70.50 feet northeasterly of said northeasterly line; thence South 25028'19" East 55.00 feet along said parallel line; thence South 64°31'41" West 70.50 feet to the True Point of Beginning. Containing 3,878 sq. ft. Parcel 2: In the City of Santa Ana, County of Orange, State of California, being those portions of Lots 1 through 14, Block 51 of the Town of Santa Ana- East, recorded in Book 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows: M:\2FNT010400\SURVEY\LEGALS\SARTC\Description\V-LG-PE-DESCSARTC_REV Ldocx 3/82018 20A-43 Page I of 3 PS OMAS 1 Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as 2 shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of 3 said Orange County; thence along the centerline of said Santiago Street 4 South 25'28'19" East (South 26°04'21" East per said Record of Survey 84-1188) 5 340.22 feet; thence North 64°31'41" East 40.00 feet to the southernmost comer of Lot 12 6 on the northeasterly line of said Santiago Street, and the True Point of Beginning; 7 thence North 25'28'19" West 281.24 feet along said northeasterly line to the curved 8 easterly line of the land described in the Easement Deed to the City of Santa Ana, 9 recorded in Book 9139, Page 1 of Official Records of said county, said curve being 10 concave southeasterly having a radius of 33.00 feet, a radial line to said curve bears 11 North 80023'42" West; thence northerly 10.53 feet along said curve through a central 12 angle of 18°16'51" to the southerly line of Fruit Street as described in Easement Deed to 13 the City of Santa Ana, recorded in Book 554, Page 376 of Deeds, records of said county; 14 thence South 89°23'36" East 1.82 feet along said southerly line to the southeasterly line is of said Santa Ana Boulevard having a southerly half width of 52.00 feet; thence 16 North 64053144" East 35.05 feet along said southeasterly line to a line parallel with and 17 44.00 feet northeasterly of the northeasterly line of said Santiago Street; thence 18 South 2502811911 East 320.93 feet along said parallel line; thence South 64°31'41" West 19 44.00 feet to said northeasterly line; thence North 25'28'19" West 33.20 feet along said 20 northeasterly line to the True Point of Beginning. 21 22 Containing 14,109 sq. ft. 23 24 Subject to any easements or rights per recorded or unrecorded documents. 25 26 All as shown on Exhibit `B" attached hereto and made a part thereof. 27 28 This legal description is not intended to be used in the conveyance of land in violation of 29 the Subdivision Map Act of the State of California. 30 31 M:12HNT0104001SURVEYU.EGALSISARTC1DescriptionlV-LG-PE-DESC-SARTC_REV l.docx Page 2 of 3/8/2018 20A-44 1 2 3 4 5 6 7 8 9 10 11 it:M 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. J Peter J. Fitzpatric c, PLS 6777 Hmr-cw 0 2pI,e Date M:12HNT0104001SURVEYILEGAISISARTC\Description%V-LG-PE-DESC-SARTC_REV Ldocx 3/82018 20A-45 PETER J. FITZPATRICK No, 6777 Page 3 of 3 1 97' a? io 1 87' EXHIBIT I M N of z 40' N64'31'41 40.00' 40' I 40' LEGEND: ® PERMANENT EASEMENTS 1 N64'31'41 "E 40.00' 80' B SANTA ANA BLVD / of N64'5305'44"Ey 35.' M 5 ----I--- RS 95-1035 1 L5 2 \RSB 151/ PG 47-50 I S'LY LINE OF / - - - - ------ \ FRUIT ST N � I �3 I m z rl I a Z< 5 ------------ 6 __________b APN 398-351-07 rn N o M 7 I LU �J U w 8 IL m 0 9 m I N_ _ _ _ _ _ _ _ _ _ TOWN OF SANTA !0 ANA -EAST --BK 10, PGS. 43-9 44' 1 1 M, R. L.A • COUNT _---------- 1301C 51 12 APN 398-351-05 1 ___________I / 13 ' L7 14 Ro 24-1 188 C2 r---------15 1 10/ PG ' 21 / �________________I /� --------1b------I / Z0, 17 I/ , 4pN 11g6, L2 357.0 / I. 9 / . 0. D n / m -,L& / TOWN OF SANTA OWN F� ANA- EAST IBK 10, PGS, 43-44; 1 M•R. L.A. DOUNTY 1 BLOCK 43 .. /.` DETAIL .'A" � EASEMENT TO CITY OF SANTA ANA 8K. 554, PG. 376. DEEDS GRANT DEED TO CITY OF SANTA ANA /Q1 INST. NO. 85-145812. O.R. REC. 4/24/1985 Y /0 Q ' A. FINAL ORDER OF CONDEMNATION CASE NO. 37-30-04 INST. N0. 84-2184-218845. O.R. REC. 5/24/1989 DESCRIPTION: PERMANENT EASEMENTS OVER SANTA ANA REGIONAL TRANSPORTATION CENTER LINE DATA: 0' 40' 80' 160' 240' SCALE 1" = 80' PSOMAS 3 Hutton CenVe D5 5uRe 200 S.M. Mo. CaDcrnc 92707 ,14/751-7373 SHEET 1 OF 1 SCALE 1" = 80' DRAFTED NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 F I I F PATH i BEARING DISTANCE L1 N25°28'19"W 55.00' L2 N64°31'41"E 70.50' L3 S25"28'19"E 55.00' L4 S64"31'41"W 70.50' L5 S89°23'36"E 1.82' L6 N64°53'49"E 35.05' L7 S64°31'41"W 44.00' L8 N25'28'19"W 33.20' 0' 40' 80' 160' 240' SCALE 1" = 80' PSOMAS 3 Hutton CenVe D5 5uRe 200 S.M. Mo. CaDcrnc 92707 ,14/751-7373 SHEET 1 OF 1 SCALE 1" = 80' DRAFTED NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 F I I F PATH i NO FEE DOCUMENT Exempt per Government Code 46103 &.&27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Above Space For Recorder's Use On] Project Name: OC Streetcar Project Address: Santa Ana, California APN:008-067-47 Project Parcel No.: OCS-004-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive traction power substation easement (TPSSE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, above ground and underground facilities, and their appurtenant fixtures and equipment, including but not limited to utility and communication facilities, as required, in, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of TPSSE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this TPSSE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the TPSSE area. • The emergency driveway/gated area in the NE area will not be accessible during the Construction Period • Access to the TPSSE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the TPSSE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this TPSSE. o Pavement within limits of TPSSE 0 6 parking stalls (permanently) • The following improvements within the TPSSE area will be protected in place: o Adjacent retaining wall o Adjacent fencing 1201539.1 EXHIBIT 3 20A-47 The following improvements within or adjacent to the TPSSE area will be constructed and/or replaced in kind by OCTA: 0 8 -foot tall fencing similar to adjacent fencing o Pavement around TPSS unit and electrical equipment o Raised parking lot island with concrete curb o Landscape and irrigation Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. Prior to the termination of the Construction Period, OCTA will remove from the TPSSE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The area around the TPSSE and unit will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. The TPSS unit and electrical equipment will be enclosed by a fence/gate and will be locked. There shall not be constructed any improvement in, on, over, under, across or within the TPSSE that would impede the rights as defined herein. Once the TPSS unit is in place, a portion of the surface of the TPSSE may be used for access including fire access. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: Sonia R. Carvalho City Attorney Approved as to Form: 10 Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-48 ACKNOWLEDGEMENT 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 On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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 (seal) 1201539.1 20A-49 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-50 PS OMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1 and 10, Block `D,' of the Ross Addition to Santa Ana, recorded in Book 3, Pages 7 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with 8 those portions of Van Ness Street vacated per Resolution 69-27 of the City Council of the 9 City of Santa Ana adopted February 17, 1969, a certified copy of said resolution being 10 recorded in Book 8878, Page 863 of Official Records of said Orange County, described I I as follows: 12 13 Commencing at the intersection of the northwesterly line of Santa Ana Boulevard 14 (54 -foot northerly half -width) as described in the Easement Deed to the City of Santa 15 Ana, recorded in Book 8821, Page 290 of Official Records of said county, with the 16 westerly line of Lot 6 of Block `D' of said Ross Addition to Santa Ana, said 17 northwesterly line being a curve concave northwesterly having a radius of 746.00 feet, a 18 radial line to said curve bears South 09°25'05" East; thence northeasterly along said 19 curve and the northwesterly line of said Santa Ana Boulevard, 252.27 feet through a 20 central angle of 19°22'30" to the True Point of Beginning; thence 21 North 29026132" West 21.00 feet to the beginning of a non -tangent curve concave 22 northwesterly having a radius of 725.00 feet, a radial line to said curve bears 23 South 28046128" East; thence northeasterly 86.42 feet along said curve through a central 24 angle of 06°49'48"; thence South 89°24'45" East 1.34 feet to the westerly line of the land 25 described in the Grant Deed to the State of California recorded on September 26, 2007 as 26 Document Number 2007000582904 of Official Records of said county; thence along said 27 westerly line South 00°01'32" West 2.84 feet; thence South 51°55'16" West 0.83 feet; 28 thence South 00°17'58" East 21.73 feet to said northwesterly line and the beginning of a 29 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 30 1 said curve bears South 34°31'58" East; thence southwesterly 74.73 feet along said curve M:\2HNT010400\SURVEY\LEGALS\TPSS_3\Descrlption\V-LG-PE-DESC-APN 008-067-47 -Above Grade_REV 2.docx Page 1 of 2 03/09/2018 20A-51 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PSOMAS and said northwesterly line through a central angle of 05°44'23" feet to the True Point of Beginning. Containing 1,702 sq. ft. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. Peter J. Fitzpatrick, PLS 6777 PETER J. FITZPATRICK No. 6777 * Date MA2HNT010400\SURVEY\LEGALS\TPSS_30eription\V-LG-PE-DESC-APN 008.067-47 -Above Grade—RFV 2.docz 03/09/2018 20A-52 Page 2 of 2 611611E (R) ♦����� .i�i�i�i�i�i� 4oi�i�i�i�i�i� ♦����� EXHIBIT "B" LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904. O.R. - L ' RESOLUTION 69-27 ORDERING VACATION OF STREETS AND (-- RESERVING EASEMENTS FOR PUBLIC UTILITIES f/) BK 8878, PG 863. O.R. co o w — r--TI—I----T' Lu T-- —1 w ---I— IIAPN 008-067-47 I I W o z 0 SLiC r I o I i SLii D Z a I a I L�A I S"L10K 1, PAGr 'l7� Q ° -Zo RDSSIADD To SANTA ANA > a <w RDCDRD D �iC PGS 535 60' ww Ur Pill SC RRC6RDSy I A 00 NTY I �_ 60' I LOT 5 I LOT -1 1 1 I LOT 3 LDT 2 I LOT I i w GRANT OF EASEMENT FOR ELECTRICAL( AND COMMUNICATION SYSTEMS I I IG1 PER BK. 10338, PG. 703, O.R. II L5 REC. 9/22/1972 I 30 I 1 T--I---r-�--- w 1 LO7 6 I LOT 7i I LOT e S28i/ I �� G2 1n o P 1 / 10 ,w 1 I LOT 9 oaooln 1 i 1 ii I .25231 I A w aowo �q6• n j _w` j �" c�w ' '' V- wwaa� I 130 EASEMENT DEED FOR /STREET AND HIGHWAY PURPOSES / i P.O.0 �9°25'05"E (R) PER BK 8821, PG 290. O.R. v _ REC. 12/19/1968 m F -IN Z \\ a 130' Z 30' /-' EGEND: ® - PERMANENT EASEMENT / P.O.C.- POINT OF COMMENCEMENT T.P.O.B.- TRUE POINT OF BEGINNINC j' LINE DATA: CURVE DATA: RADIUS DELTA LENGTH C1 725.00 06049'48" 1 86.42' C2 1 746.00' 1 05°44123" 174.73' 0' 30' 60' 120' 180' SCALE 1" = 60' DESCRIPTION: PERMANENT EASEMENT FOR APN 008-067-47 CITY OF SANTA ANA P SOMA S 5 nt. M, Vf.,. 'S927070 7141751-7373 I SHEET 1 OF 1 1 SCALE 111=60' DRAFTED FD/NG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 BEARING DISTANCE L1 N29°26'32"W 21.00' L2 S89°24'45"E 1.34' L3 S00°01'32"W 2.84' L4 S51055'16"W 0.83' L5 S00°17'58"E 21.73' 0' 30' 60' 120' 180' SCALE 1" = 60' DESCRIPTION: PERMANENT EASEMENT FOR APN 008-067-47 CITY OF SANTA ANA P SOMA S 5 nt. M, Vf.,. 'S927070 7141751-7373 I SHEET 1 OF 1 1 SCALE 111=60' DRAFTED FD/NG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 NO FEE DOCUMENT Exempt Per Government Code &6103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Address: Santa Ana, California APN:008-067-47 Project Parcel No.: OCS-004-01 Use THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive public utility easement ("PUE") for the purpose of constructing, maintaining, repairing, relocating, and adjusting, as applicable, underground utility and communication facilities and their appurtenant fixtures and equipment, as required, in and under that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. During the Construction Period, OCTA's use and occupancy of the PUE will be exclusive, subject to the rights and limitations set forth below. OCTA's use and occupancy of the PUE prior to and after the Construction Period will be non-exclusive. Rights and Limitations of Use and Occupancy of PUE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this PUE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PUE area. • Reasonable pedestrian access to the property shall be maintained at all times • Access to the PUE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the PUE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this PUE. o Approximately 5,600 SF of pavement 0 33 parking stalls (temporarily) • The following improvements within the PUE area will be protected in place: o None 1201539.1 20A-54 • The following improvements within the PUE area will be constructed and/or replaced in kind by OCTA: o Pavement o Striping of affected parking stalls o Affected landscaping and irrigation Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. Prior to the termination of the Construction Period, OCTA will remove from the PUE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The PUE area will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. There shall not be constructed any improvement in, on, over, under, across or within the PUE that would impede the rights as defined herein. Once the utilities are in place, the surface of the PUE may be used for access or automobile parking purposes. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California By Raul Godinez, II City Manager Approved as to Form: M Sonia R. Carvalho City Attorney Approved as to Form: am Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-55 ACKNOWLEDGEMENT 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 ORANGE On 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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. (seal) 1201539.1 Signature 20A-56 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: 1201539.1 a James G. Beil Executive Director, Capital Programs 20A-57 PS OMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1, 2 and 6 through 10, Block `D,' of the Ross Addition to Santa Ana, recorded in 7 Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, 8 together with those portions of Van Ness Street and Parton Street vacated per Resolution 9 69-27 of the City Council of the City of Santa Ana adopted February 17, 1969, a certified to copy of said resolution being recorded in Book 8878, Page 863 of Official Records of 11 said Orange County, described as follows: 12 13 Beginning at the intersection of the northwesterly line of Santa Ana Boulevard (54 -foot 14 northerly half -width) as described in the Easement Deed to the City of Santa Ana, 15 recorded in Book 8821, Page 290 of Official Records of said county, with the westerly 16 line of said Lot 6, said northwesterly line being a curve concave northwesterly having a 17 radius of 746.00 feet, a radial line to said curve bears South 09°25'05" East; thence 18 southwesterly along said curve and said northwesterly line, 21.13 feet through a central 19 angle of 01°37'21'; thence North 12°15'18" West 22.08 feet; thence 20 North 67°48'31" East 286.30 feet; thence North 57°59'03" East 3.09 feet; thence 21 North 55034150" East 12.16 feet; thence North 55037'54" East 17.92 feet; thence 22 North 54050'37" East 2.80 feet; thence South 89°24'45" East 30.75 feet to the beginning 23 of a non -tangent curve concave northwesterly, having a radius of 725.00 feet, a radial line 24 to said beginning bears South 35'36'16" East; thence southwesterly along said curve 25 86.42 feet through a central angle of 06°49'48'; thence North 29026132" West 5.44 feet; 26 thence South 67°48'31" West 223.83 feet; thence South 12'29'18" East 17.33 feet to the 27 northwesterly line of said Santa Ana Boulevard, said point also being the beginning of a 28 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 29 said beginning bears South 11'02'12" East; thence southwesterly along said curve and 30 11 M:\2HNT010400\SURVEY\LEGALS\TPSS_3\Description\V-LG-PE-DESC-APN 008-067-47_Below_REV 3.dom—' Page 1 of 2 3!9/2018 20A-58 I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PSOMAS said northwesterly line 21.07 feet through a central angle of 01'37'06" to the Point of Beginning. Containing 5,524 sq. ft. All as shown on Exhibit "B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. o` PETER J. a FITZPATRICK ,yA /P✓ (� q 'P No. 6777 OF CAI-�F� Peter J. Fitzpatrick, PLS 6777 Date M:\2HNT010400�SURVEYII.EGAISITPSS}1Description\V-LG-PE-DESC-APN 008-067-47—Below—REV 3.doex 3/92018 20A-59 Page 2 of 2 EXHIBIT "B" LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904, O.R. RESOLUTION 69-27 ORDERING VACATION OF STREETS AND P- RESERVING EASEMENTS FOR PUBLIC UTILITIES BK 8878. (n PG 863, O.R. U o �w I IIAPN 008-067-47 W o 3'LX I z I I SLKI I Z 0 I m I i A.;! 5'DOX 1, PAGE 'y7 I Z a a ROSSIADD To SANTA ANA I > REc,ORDDD i X 33 PGS � 53'F 4 535 60' Dr J141 SG i l Rr GORDS y A GO NTY I L5 I 60' LOT 5 LOT 4 I I LOT 3 I LDT 2 LOT 1 L6 GRANT OF EASEMENT FOR ELECTRICALI II I I L3 �.A AND COMMUNICATION SYSTEMS L2 PER BK. 10338, PG. 703, O.R. 1 I I I REC. 9/22/12/19797 2 I 30• 30• I II I I 830 y. O716 LOT 71 LOT a L7��35e3Ro x.538°46'28"E (R) LOT 9 r-Qoo\ / 8113, IIE Zi aowcow 1"` wwaa¢ I L8 -,��� Ln P` P C3 511°02'12"E (R) j v / S07'47'44"E(R) v N a N Z 0 F.. )30'Z CURVE DATA: 30' Cq —_EASEMENT DEED FOR STREET --\\ AND HIGHWAY PURPOSES B\ -509°25'05"E (R) PER BK 8821, PG 290, O.R. REC. 12/19/1968 / LEGEND: / ® - PERMANENT EASEMENT I/ LINE DATA: 01 30' 6 • :0 SCALE 1" = 60' PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA RADIUS ANGLE LENGTH Cl 746.00' 01A37'21" L2 21.13' C2 725.00' 06°49'48" N55°34'50"E 86.42' C3 746.00' 01°37'06" 21.07' C4 746.00' 03°14'27" 2.80' 42.20' 01 30' 6 • :0 SCALE 1" = 60' PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA P SOMA S a Hutton centre D,Swle 200 Am a. N. cnoroMo 92797 716/751-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 F I I F PATH BEARING DISTANCE L1 N12°15'18"W 22.08' L2 N57e59'03"E 3.09' L3 N55°34'50"E 12.16' 14 N55°37'54"E 17.92' 1-5 N54e50'37"E 2.80' L6 S89e24'45"E 30.75' L7 N29'26' 2"W5.44' LB S12e29'18"E 17.33' P SOMA S a Hutton centre D,Swle 200 Am a. N. cnoroMo 92797 716/751-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 F I I F PATH NO FEE DOCUMENT Exempt per Government Code 56103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Recorder's Use Address: Santa Ana, California APN: 398-351-04, 398-351-05, 398-351-07 and 398-351-08 Project Parcel No.: OCS-009-01 and OCS-009-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PLATFORM AND TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive perpetual platform and traction power substation easement which allows Grantee and its employees, agents, representatives, contractors, successors and assigns the right to use the described property for the construction, operations, maintenance, and all related purposes, of the OC Streetcar System, in, on, over, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights, Limitations of Use and Occupancy of Easements; and facilities to be constructed: • OCTA shall provide the City a minimum of thirty (30) -days written notice as to when construction will commence. • The OC Streetcar controlled work access zone is defined as the area extending four (4) feet beyond the farthest rail, any portion of a streetcar stop within ten (10) feet of a traction power substation unit and ten (10) feet from the overhead contact system (OCS). • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over, below or above Parcel 1 Easement area, except for driveway purposes. • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over, below or above Parcel l Easement area. • The facilities to be constructed on, over, below or above Parcel 1 Easement area are those elements included in the construction documents reviewed and approved by the City. • OCTA shall maintain all facilities within Parcel 1 Easement area with the exception of o Curb and gutter north of OCTA's traction power substation o Driveway pavement north end of TPSS area • The facilities to be constructed on, over below or above Parcel l Easement area are those elements included in the construction documents reviewed and approved by the City. 1201539.1 EXHIBIT 4 20A-61 OCTA shall maintain all facilities within Parcel 2 Easement area with the exception of: o Driveway pavement south end of OC Streetcar Platform area o Sidewalk and curb and gutter at south end of OC Streetcar Platform area Except as to those improvements identified below as being protected in place, improvements within the Easement areas will be removed as needed by OCTA to allow for construction activities. Pursuant to Amended and Restated Cooperative Agreement C-94- 859 and the Memorandum of Understanding C-5-3295 referenced above, no compensation will be paid by OCTA for this Easement or improvements. The following improvements within the Easement area will be protected in place: o NONE OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: LN Sonia R. Carvalho City Attorney ' Approved as to Form: UZ Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-62 ACKNOWLEDGEMENT 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 ORANGE ) On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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. (seal) 1201539.1 Signature 20A-63 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-64 PS OMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENTS 5 Parcell: 6 In the City of Santa Ana, County of Orange, State of California, being those portions of 7 Block 43 and Brown Street (abandoned) of the Town of Santa Ana- East, recorded in 8 Book 10, Pages 43 and 44 of Miscellaneous Records of Las Angeles County, California, 9 described as follows: 10 1 I Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as 12 shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of 13 said Orange County; thence along the centerline of said Santiago Street 14 South 25028119" East (South 26°04'21" East per said Record of Survey 84-1188) 15 561.32 feet; thence North 64°31'41" East 40.00 feet to a point on the northeasterly line of 16 said Santiago Street, and the True Point of Beginning; thence along said northeasterly 17 line North 25'28'19" West 55.00 feet; thence North 64°31'41" East 70.50 feet to a line 18 parallel with and 70.50 feet northeasterly of said northeasterly line; thence South 19 25'28'19" East 55.00 feet along said parallel line; thence South 64°31'41" West 20 70.50 feet to the True Point of Beginning. 21 22 Containing 3,878 sq. ft. 23 24 Parcel 2: 25 In the City of Santa Ana, County of Orange, State of California, being those portions of 26 Lots 1 through 14, Block 51 of the Town of Santa Ana- East, recorded in Book 10, Pages 27 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as 28 follows: 29 30 31 M:\2FNT010400\SURVEYILEGALS\SARTC\Descrip[ion\V-LG-PE-DESC-SARTC_REV I.docx 3/8/2018 20A-65 Page I of ;,,,t. PS OMAS 1 Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as 2 shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of 3 said Orange County; thence along the centerline of said Santiago Street 4 South 25'28'19" East (South 26°04'21" East per said Record of Survey 84-1188) 5 340.22 feet; thence North 64°31'41" East 40.00 feet to the southernmost corner of Lot 12 6 on the northeasterly line of said Santiago Street, and the True Point of Beginning; 7 thence North 25'28'19" West 281.24 feet along said northeasterly line to the curved 8 easterly line of the land described in the Easement Deed to the City of Santa Ana, 9 recorded in Book 9139, Page 1 of Official Records of said county, said curve being to concave southeasterly having a radius of 33.00 feet, a radial line to said curve bears 11 North 80023'42" West; thence northerly 10.53 feet along said curve through a central 12 angle of 18°16'51" to the southerly line of Fruit Street as described in Easement Deed to 13 the City of Santa Ana, recorded in Book 554, Page 376 of Deeds, records of said county; 14 thence South 89°23'36" East 1.82 feet along said southerly line to the southeasterly line 15 of said Santa Ana Boulevard having a southerly half width of 52.00 feet; thence 16 North 6453'44" East 35.05 feet along said southeasterly line to a line parallel with and 17 44.00 feet northeasterly of the northeasterly line of said Santiago Street; thence 18 South 25028'19" East 320.93 feet along said parallel line; thence South 64°31'41" West 19 44.00 feet to said northeasterly line; thence North 25028'19" West 33.20 feet along said 20 northeasterly line to the True Point of Beginning. 21 22 Containing 14,109 sq. ft. 23 24 Subject to any easements or rights per recorded or unrecorded documents. 25 26 All as shown on Exhibit `B" attached hereto and made a part thereof. 27 28 This legal description is not intended to be used in the conveyance of land in violation of 29 the Subdivision Map Act of the State of California. 30 31 MA2HNT0I 0400\SURVEY\LEGAIS\SARTC\DccripGon\V-LG-PE-DESC-SARTC_REV l.docx Page 2of3 3!8/2018 r O N .., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. Peter J. Fitzpatric c, PLS 6777 /k/mew 0 2�;"-dg Date M:\2HNT010400\SURVEY\LEGALS\SARTC\Description\V-LG-PE-DESC-SAATC_REV Ldocx 3/82018 20A-67 PETER J. FITZPATRICK No. 6777 Page 3 of 3 EXHIBIT "B" I � , m C M N al z 40' N64°31'41"E�T.P.O.B� 40.00' I PCL 2 1 40' 40' i LEGEND: ® PERMANENT EASEMENTS I _ ao.0080' N64'31'41 "E 'T.P.O.B. IP CL 11 SANTA ANA BLVD N64353'4"E 5.054 \ i 1 1 Q,,,010 1� RS 95-1035 m BEARING DISTANCE L1 N25°28'19"W _ RSB 151/ PG 4 0 N64"31'41"E 70.50' L3 2 55.00' M S64°31'41"W 70.50' L5 S89°23'36"E 1.62' m N64°53'44"E 35.05' L7 3 44.00' M N25.2B'19"W 33.20' I M� z a 4 5 I b APN 398-351-07 CV m__ n 7 ____! W U a w \ a 9 TOWN OF SANTA N 10 ANA -EAST --B1< 107 PGS. 43-9 44' II M.R. L.A. COUNT ----------B170C1t 51 12 APN 39I8-351-05 ___________I 13 / RS 34-1 las ; y _-L7 ------14 1 10/ PG 15 21 i �Q=/ 1/ --------16- /Z ?D- 17 ?D. 04, 4 IB 12 / / 1 L4 ITOWN A 5 EAS f A `O SK 107 PGS. 43-447 M.R. LA. COUNTY BLOCK 43 \/ JL5 S'LYLINE OF FRUIT / \ FRUIT ST / /C TA "A" EASEMENT TO CITY OF SANTA ANA BK. 554. PG. 376. DEEDS GRANT DEED TO CITY OF SANTA ANA /Q1 INST. NO. 85-145812. O.R. REC. 4/24/1985 Y' / O i 1P FINAL ORDER OF CONDEMNATION [V CASE NO. 37-30-04 INST. NO. 84-218845. O.R. REC. 5/24/1984 DESCRIPTION: PERMANENT EASEMENTS OVER SANTA ANA REGIONAL TRANSPORTATION CENTER LINE DATA: 0' 40' 80' 160' 240' SCALE 1" = 80' P SOMA S 3 Mt.c C.,, 01. sate 340 SZ. M, Cdi(e.de 92,. 71./751-0373 SHEET 1 OF 1 SCALE 1" = 80` DRAFTED NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT01040C I BEARING DISTANCE L1 N25°28'19"W 55.00' L2 N64"31'41"E 70.50' L3 S25'28'19"E 55.00' 1-4 S64°31'41"W 70.50' L5 S89°23'36"E 1.62' L6 N64°53'44"E 35.05' L7 S64°31'41"W 44.00' LB N25.2B'19"W 33.20' 0' 40' 80' 160' 240' SCALE 1" = 80' P SOMA S 3 Mt.c C.,, 01. sate 340 SZ. M, Cdi(e.de 92,. 71./751-0373 SHEET 1 OF 1 SCALE 1" = 80` DRAFTED NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT01040C I NO FEE DOCUMENT Exemnt per Govemment Code 0103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Above Space For Recorder's Use On] Project Name: OC Streetcar Pr( Address: Santa Ana, California APN: 398-221-23, 008-068-09 Project Parcel No.: OCS-008 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive permanent easement (PE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, track, track slab; platforms, including, but not limited to subsurface foundations and footings; ticket vending machines; utilities; overhead catenary systems; and communication systems, along with their appurtenant fixtures and equipment, as required, in, over, under, across and within that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of PE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this PE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PE area. • Reasonable pedestrian access to adjacent properties shall be maintained at all times • Access to the PE area shall be from public right of way. • The following improvements within the PE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed as identified on the project plans shall be included in the compensation paid by OCTA for this PE, including but not limited to: o Brick/concrete pavers o Concrete sidewalk/banding, as required o Trees, as required o Landscaping and raised concrete planter boxes as required o Fire Hydrant o Water Main o Site Drainage System 1201539.1 EXHIBIT 5 20A-69 • The following improvements within the PE area will be protected in place: o None • The following improvements within the PE area will be constructed and/or replaced by OCTA: o Linear concrete pavers o Decorative concrete banding o Landscaping and trees o Fire Hydrant o Water Main o Site Drainage System • Surface drainage patterns will be maintained during construction and restored to pre- existing conditions. • Prior to the termination of the Construction Period, OCTA will remove from the PE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. • There shall not be constructed any improvement in, on, over, under, across or within the PE that would impede the rights as defined herein. OCTA expressly reserves the right to convey, transfer, or assign the PE subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: 0 Sonia R. Carvalho City Attorney Approved as to Form: LM Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-70 ACKNOWLEDGEMENT 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 ORANGE ) On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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. (seal) 1201539.1 Signature 20A-71 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-72 -72 PSOMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being that portion of 6 4`h Street abandoned per Resolution No, 69-27, recorded on February 19, 1969 in Book 7 8878, Page 863 of Official Records of said County, together with that portion of the 4`h 8 Street abandoned per Resolution No. 80-160, recorded on October 20, 1983 in Book 9 13796, Page 1800 of Official Records of said County, described as follows: 10 11 Beginning at the northeasterly corner of Lot 1, Block `1', of the Jacob Ross Addition to 12 Santa Ana, recorded in Book 5, Page 582 of Miscellaneous Records of Los Angeles 13 County, California; thence along the northerly line of said Lot 1 North 82°45122" West 14 15.00 feet to the westerly line of North Ross Street, (80 feet wide) as shown on said 15 Jacob Ross Addition to Santa Ana and the True Point of Beginning; thence 16 North 89023'44" West 82.53 feet; thence North 00°36'16" East 13.44 feet; thence 17 North 89023'44" West 192.87 feet; thence South 01'07'03" West 12.34 feet to the 18 southerly line of said 4h Street; thence along said southerly line North 89°23'44" West 19 10.03 feet to the beginning of a non -tangent curve concave northerly having a radius of 20 569.44 feet, a radial line to said curve bears South 01'41'49" West; thence westerly 21 55.13 feet along said curve through a central angle of 05°32'49'; thence 22 North 82045'22" West 19.28 feet to a curve concave northerly having a radius of 23 569.44 feet; thence westerly 23.04 feet along said curve through a central angle of 24 02°19'07'; thence North 80°26'15" West 57.94 feet to the curved southeasterly line of 25 Santa Ana Boulevard, (108 feet wide) per Resolution No. 68-186 recorded in Book 8819, 26 Page 934 of Official Records of said County, said curved southeasterly line being 27 concave northwesterly having a radius of 854.00 feet, a radial line to said curve bears 28 South 15025'08" East; thence northeasterly 69.58 feet along said curve through a central 29 angle of 04°40'05"; thence South 89°23'44" East 38.78 feet; thence 30 South 07°14'38" West 12.24 feet to the beginning of a non -tangent curve concave 31 northerly having a radius of 545.00 feet, a radial line to said curve bears MA2HNT0 10400\SURVEY\LEGALS\TPSS_3\Description\V-LG-PE-DESC-APN 398-221-23 and 008.068-09_REV I.docx Page 1 of 2 3/9/1018 20A-73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS South 07°06'05" West; thence easterly 61.80 feet along said curve through a central angle of 06°29'48'; thence South 89°23'44" East 53.68 feet; thence North 00°36'16" East 14.77 feet; thence North 65°52'29" East 6.45 feet; thence South 33°09'11" East 4.57 feet to a curve concave northeasterly having a radius of 14.35 feet; thence southeasterly 14.02 feet along said curve through a central angle of 55°57'58'; thence South 89°23'44" East 118.22 feet; thence South 00°36'16" West 7.30 feet; thence South 89°23'44" East 14.75 feet to a curve concave northerly having a radius of 80.00 feet; thence easterly 33.07 feet along said curve through a central angle of 23°41'09"; thence North 66°55'08" East 38.42 feet to the westerly line of said Ross Street; thence along said westerly line South 00003'18" West 47.61 feet to the True Point of Beginning. Containing 9,924 sq. ft. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. J Peter J. Fitzpatrick, LS 6777 PETER J. FITZPATRICK No. 6777 .* , Date i t/ M:X2HNT0104001SURVEYILEGALS\TPSS_31Description\V-LG-PE-DESC-APN 398-221-23 and 008.068-09_REV Ldoex 3/9/2018 20A-74 Page 2 of 2 LINE DATA: RGAPTHn L1 EXHIBIT DISTANCE 82.53 L2 N00°3616"E CIIRVE DATA: L1 N89°23'44"W DELTA 82.53 L2 N00°3616"E 05°32'49" 13.44' L3N89°23'44"W C2 569.44' 192.87' L4 501°07'03"W C3 12.34' L5 N89"23'44"W 69.58' 10.03' L6 NB2°45'22"W 19.28' L7N80°26'15"W 14.35' 55°57'58" 57.94' L8 589'23'44"E 80.00' 38.78' L9 S07°14'38"W 12.24' L101 S89°23'44"E 53.68' L11 N00°36'16"E 14.77' L12 N65°52'29"E 6.45' L13 S33°09'11"E 4.57' L14 S89°23'44"E 118.22' L15 S00°36'16"W 7.30' L16 S89°23'44"E 14.75' L17 N66°55'08"E 38.42' L18 S00°03'18"W 47.61' L1911 N82°45'22"W 15.00' .,B" RADIAL DATA: C4 v I 1 J / R1 L5 r \ VAN NESS STREET \ DETAIL'A' (ABANDONED) N.T.S. 0' 50' 100' 200' 300' SCALE 1" = 100' DESCRIPTION: PERMANENT EASEMENT APN 398-221-23 & 008-068-09 CITY OF SANTA ANA LEGEND: ® - PERMANENT EASEMENT ■ IT F- a v ril #k %7 5 n''Mn Colo 593)01° )H/731-]3)] SHEET 1 OF 1 SCALE 1"=100' DRAFTED FD/NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 MI°40T41RWY\I FCAI S\TPSS 3\Fxbl°I1 RADIUS DELTA LENGTH Cl 569.44' 05°32'49" 55.13' C2 569.44' 02°19'07" 23.04' C3 854.00' 04°40'05" 69.58' C4 545.00' 06°29'48" 61.80' C5 14.35' 55°57'58" 14.02' C6 80.00' 23°41'09" 33.07' RADIAL DATA: C4 v I 1 J / R1 L5 r \ VAN NESS STREET \ DETAIL'A' (ABANDONED) N.T.S. 0' 50' 100' 200' 300' SCALE 1" = 100' DESCRIPTION: PERMANENT EASEMENT APN 398-221-23 & 008-068-09 CITY OF SANTA ANA LEGEND: ® - PERMANENT EASEMENT ■ IT F- a v ril #k %7 5 n''Mn Colo 593)01° )H/731-]3)] SHEET 1 OF 1 SCALE 1"=100' DRAFTED FD/NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 MI°40T41RWY\I FCAI S\TPSS 3\Fxbl°I1 20A-76 NO FEE DOCUMENT Exempt per Government Code 0103 & V7383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Address: Santa Ana, California APN:008-067-47 Project Parcel No.: OCS-004-02 Use TIES TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive traction power substation easement (TPSSE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, above ground and underground facilities, and their appurtenant fixtures and equipment, including but not limited to utility and communication facilities, as required, in, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of TPSSE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this TPSSE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the TPSSE area. • The emergency driveway/gated area in the NE area will not be accessible during the Construction Period • Access to the TPSSE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the TPSSE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this TPSSE. o Pavement within limits of TPSSE 0 6 parking stalls (permanently) • The following improvements within the TPSSE area will be protected in place: o Adjacent retaining wall o Adjacent fencing EXHIBIT 3 1201539.1 20A-77 • The following improvements within or adjacent to the TPSSE area will be constructed and/or replaced in kind by OCTA: 0 8 -foot tall fencing similar to adjacent fencing o Pavement around TPSS unit and electrical equipment o Raised parking lot island with concrete curb o Landscape and irrigation • Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. • Prior to the termination of the Construction Period, OCTA will remove from the TPSSE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The area around the TPSSE and unit will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. • The TPSS unit and electrical equipment will be enclosed by a fence/gate and will be locked. • There shall not be constructed any improvement in, on, over, under, across or within the TPSSE that would impede the rights as defined herein. Once the TPSS unit is in place, a portion of the surface of the TPSSE may be used for access including fire access. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California EPA Raul Godinez, II City Manager Approved as to Form: BY W, %/. Sqya R. Carvalho City Attorney Approved as to Form: Lo Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-78 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identityof 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 ORANGE On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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 (seal) 1201539.1 Signature 20A-79 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-80 PS OMAS 1 EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1 and 10, Block `D,' of the Ross Addition to Santa Ana, recorded in Book 3, Pages 7 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with 8 those portions of Van Ness Street vacated per Resolution 69-27 of the City Council of the 9 City of Santa Ana adopted February 17, 1969, a certified copy of said resolution being to recorded in Book 8878, Page 863 of Official Records of said Orange County, described 11 as follows: 12 13 Commencing at the intersection of the northwesterly line of Santa Ana Boulevard 14 (54 -foot northerly half -width) as described in the Easement Deed to the City of Santa 15 Ana, recorded in Book 8821, Page 290 of Official Records of said county, with the 16 westerly line of Lot 6 of Block `D' of said Ross Addition to Santa Ana, said 17 northwesterly line being a curve concave northwesterly having a radius of 746.00 feet, a 18 radial line to said curve bears South 09°25'05" East; thence northeasterly along said 19 curve and the northwesterly line of said Santa Ana Boulevard, 252.27 feet through a 20 central angle of 19°22'30" to the True Point of Beginning; thence 21 North 29026132" West 21.00 feet to the beginning of a non -tangent curve concave 22 northwesterly having a radius of 725.00 feet, a radial line to said curve bears 23 South 28046128" East; thence northeasterly 86.42 feet along said curve through a central 24 angle of 06°49'48'; thence South 89°24'45" East 1.34 feet to the westerly line of the land 25 described in the Grant Deed to the State of California recorded on September 26, 2007 as 26 Document Number 2007000582904 of Official Records of said county; thence along said 27 westerly line South 00°01'32" West 2.84 feet; thence South 51°55'16" West 0.83 feet; 28 thence South 0001758" East 21.73 feet to said northwesterly line and the beginning of a 29 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 30 said curve bears South 34°31'58" East; thence southwesterly 74.73 feet along said curve M:\2tNT010400\SURVEY\LEGALS\TPSS_3\Description\V-LG-PE-DESC-APN 008-067-47 -Above Grada REV 2.do" 03/09/2018 20A-81 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PS OMAS and said northwesterly line through a central angle of 05°44'23" feet to the True Point of Beginning. Containing 1,702 sq. ft. All as shown on Exhibit `B" attached hereto and made apart thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my. direction. a,/V% Peter I Fitzpatrick, PLS 6777 Date 0)97 `. J. FiUPV*R Ntl, VV M:\2HNr0104001SURVEY\LEGALS\7PSS_3\1)mcdpdon\V-LG-PE-DESC-APN 008-067-47 -Above Grade REV 2.dom 03/09/2018 20A-82 Page 2 of S35'36'16"E (R) ' L2 ` G1 DETAIL "A" N.T.S. 30' N I W N V 1 od m 1 w¢r- w�in¢� oaoo� 1 � za IfWOYQ M. Oct= w�mm U <owC W 1 wwaa� i P1J P L1 z N 21.00' O S89°24'45"E 1.34' L3 SOO'01'32"W 2.84' L4 a 30'z L5 EXHIBIT "B" LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904. O.R. - RESOLUTION 69-27 ORDERING VACATION OF STREETS AND RESERVING EASEMENTS FOR PUBLIC UTILITIES BK 8878, PG 863. O.R. r I——f1-1----- I I IIAPN 008-067-47-47 T I 1 I I 1: SLK, D 1 1 1 1 L .;Q:8 -o DJC J; PADrL -1-71 1 ROSSIADD TO SANTA ANA 1 REGORD�rDIDK 3• PBS 534 4 535 OF' JYl J SD � l Rgobr'2DS • I_A 00 NTY 3 I LOT 5 1 LOT 4 1 I LOT 3 LOT 2 LOT 1 i FOR V SYSTEMSCTRICALI i1 I I 3. 703. O.R. 30' I I l I I I k (: LOT' 6 1 LOT 7i I LOT 8 I H N� w W o Z 0 Z zm a< 60' a =o uj¢ o= `W A T.P.O.B. LOT 9 00 n�i.% R%1g6 n _ -Z , 30 EASEMENT DEED FOR STREET AND HIGHWAY PURPOSES P SSQ9°25'OS"E (R) PER BK 8821. PG 290. O.R. REC. 12/19/1968 -' LEGEND: ® - PERMANENT EASEMENT - / - P.O.C.- POINT OF COMMENCEMENT -�- T.P.O.B.- TRUE POINT OF BEGINNING j LINE DATA: 30' CURVE DATA: RADIUS DELTA LENGTH Cl 725.00' 06°49'48" 86.42' C2 746.00' 05°44'23" 74.73' i BEARING DISTANCE L1 N29°26'32"W 21.00' L2 S89°24'45"E 1.34' L3 SOO'01'32"W 2.84' L4 S51055'16"W 0.83' L5 500°17'58"E 21.73' 0' 30' 60' 120' 180' SCALE 1" = 60' DESCRIPTION: PERMANENT EASEMENT FOR APN 008-067-47 CITY OF SANTA ANA r�� P SOMA S so�'ia''sNo tam�707 SHEET 1 OF 1 SCALE 1"=60' DRAFTED FD/NG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 NO FEE DOCUMENT Exempt Per Government Code &6103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Above Project Name: OC Streetcar Pro Address: Santa Ana, California APN: 008-06747 Project Parcel No.: OCS-004-01 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive public utility easement ("PUE") for the purpose of constructing, maintaining, repairing, relocating, and adjusting, as applicable, underground utility and communication facilities and their appurtenant fixtures and equipment, as required, in and under that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. During the Construction Period, OCTA's use and occupancy of the PUE will be exclusive, subject to the rights and limitations set forth below. OCTA's use and occupancy of the PUE prior to and after the Construction Period will be non-exclusive. Rights and Limitations of Use and Occupancy of PUE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this PUE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PUE area. • Reasonable pedestrian access to the property shall be maintained at all times • Access to the PUE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the PUE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this PUE. o Approximately 5,600 SF of pavement 0 33 parking stalls (temporarily) • The following improvements within the PUE area will be protected in place: o None 1201539.1 20A-84 • The following improvements within the PUE area will be constructed and/or replaced in kind by OCTA: o Pavement o Striping of affected parking stalls o Affected landscaping and irrigation • Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. • Prior to the termination of the Construction Period, OCTA will remove from the PUE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The PUE area will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. • There shall not be constructed any improvement in, on, over, under, across or within the PUE that would lmpeae the rights as detnled herein. Once the utilities are in place, the surface of the PUE may be used for access or automobile parking purposes. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this qday of 2018. 1201539.1 City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, H City Manager Approved as to Form: Ey. is R. Carvalho City Attorney Approved as to Form: M r10• Fuad S. Sweiss Executive Director, Public Works Agency ACKNOWLEDGEMENT 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 ORANGE On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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. (seal) 1201539.1 41 Signature CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1701539.1 20A-87 PSOMAS I EXHIBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1, 2 and 6 through 10, Block `D,' of the Ross Addition to Santa Ana, recorded in 7 Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, 8 together with those portions of Van Ness Street and Parton Street vacated per Resolution 9 69-27 of the City Council of the City of Santa Ana adopted February 17, 1969, a certified 10 copy of said resolution being recorded in Book 8878, Page 863 of Official Records of 11 said Orange County, described as follows: 12 13 Beginning at the intersection of the northwesterly line of Santa Ana Boulevard (54 -foot 14 northerly half -width) as described in the Easement Deed to the City of Santa Ana, 15 recorded in Book 8821, Page 290 of Official Records of said county, with the westerly 16 line of said Lot 6, said northwesterly line being a curve concave northwesterly having a 17 radius of 746.00 feet, a radial line to said curve bears South 09°25'05" East; thence 18 southwesterly along said curve and said northwesterly line, 21.13 feet through a central 19 angle of 01037121'; thence North 12'15'18" West 22.08 feet; thence 20 North 67°48'31" East 286.30 feet; thence North 57059103" East 3.09 feet; thence 21 North 55034150" East 12.16 feet; thence North 55°37'54" East 17.92 feet; thence 22 North 54050137" East 2.80 feet; thence South 89°24'45" East 30.75 feet to the beginning 23 of a non -tangent curve concave northwesterly, having a radius of 725.00 feet, a radial line 24 to said beginning bears South 35°36'16" East; thence southwesterly along said curve 25 86.42 feet through a central angle of 06°49'48'; thence North 29°26'32" West 5.44 feet; 26 thence South 67°48'31" West 223.83 feet; thence South 12'29'18" East 17.33 feet to the 27 northwesterly line of said Santa Ana Boulevard, said point also being the beginning of a 28 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 29 said beginning bears South 11'02'12" East; thence southwesterly along said curve and 30 M.,VHNT010400\SURVEY\LEGALSITPSS_3\Dmcripdon\V-LG-PE-DESC-APN 008-067-47_Below_REV 3.docx Page I oft 3/M018 PKI 46 46 PSOMAS 1 11 said northwesterly line 21.07 feet through a central angle of 01037'06" to the Point of 2 Beginning. 3 4 Containing 5,524 sq. ft. 5 6 All as shown on Exhibit `B" attached hereto and made a part thereof. 7 8 This legal description is not intended to be used in the conveyance of land in violation of 9 the Subdivision Map Act of the State of California. 10 11 The Basis of Bearings for this legal description is based on the California State Plane 12 Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 13 1983 (NAD83); 2011.00 Epoch. 14 15 16 This legal description was prepared by me or under my direction. 17 18 a F!??pAiRfCic 19 Nd &777 _ 20 21 Peter J. Fitzpatrick, PLS 6777 Date 22 23 24 25 26 27 28 29 30 M:WINf010400\SURVEY\LEGALS\1PSS_3\De aiption\V-LG-PE-DESC-APN 008-067-47—Below—REV 3.d= 3/9/2018 r1 M •• Page 2 of 2 EXHIBIT 111311 LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904, O.R. RESOLUTION 69-27 ORDERING VACATION OF STREETS AND F - RESERVING EASEMENTS FOR PUBLIC UTILITIES BK 8878. (n PG 3V! O.R.cn o — --- I— w l F I �i PA N 008-067 47 I W a �LJ< E I o I ;; DL�< D I I Z Z I a I I L ,A.Iib'DDJ{ J; PAGE Z< a I ROSSIADD TO SANTA AMA I RECDRDEDIEX 3; PGS, 5,34 ?• 60' OF NJJSO I RECORDS, LA 00 NTY I 6110 LOT 5 I LOT 411 I LOT 3 I LOT 2 LOT I �p L5 LE GRANT OF EASEMENT FOR ELECTRICALI II I I I L3 �. AND COMMUNICATION SYSTEMS II L2 PER BK. 10338, PG. 703. O.R. TII I I REC. 9/22/1972 1 N w N v O !- oa - m w¢ti w�N inm oa0 - -0- Z< - WOYmO 2mmm w m Ind= U <0w �w wwaaM 50"47' 44 "E Bl/ F- P Z 0 a )30'Z CURVE DATA: 30' LBI�-'ul n C3 511L02L1-LE ((R) C��4. ANDEASEHIGHWAYEPURPOSED FOR SREET .B SO9'25'05"E CR) PER BK 8821: PC 290. D.R. ' REC. 12/19/1968 LEGEND: PERMANENT EASEMENT ---- --- -- -- LINE DATA: 0' 30' 60' 120' 180' SCALE 1" = 60' DESCRIPTION. PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA RADIUS ANGLE LENGTH C1 746.00' 1 01037'21" L2 21.13' C2 725.00' 06°49'48" N55°34'50"E 86.42' C3 746.00' 01°37'06" 21.07' C4 746.00' 03°14'27" 2.80' 42.20' 0' 30' 60' 120' 180' SCALE 1" = 60' DESCRIPTION. PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA 20A-90 P SOMA S Wt- C..V° O, 9N1. 200 9. w M°...Z 9170 T /78..iD] I SHEET 1 OF 1 1 DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 BEARING DISTANCE Li N12015'18"W 22.08' L2 N57°59'03"E 3.09' L3 N55°34'50"E 12.16' L4 N55°37'54"E 17.92' L5 N54°50'37"E 2.80' L6 S89°24'45"E 30.75' L7 N29°26'321W 5.44' LS S12'29' 18"E 1 17.33' 20A-90 P SOMA S Wt- C..V° O, 9N1. 200 9. w M°...Z 9170 T /78..iD] I SHEET 1 OF 1 1 DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 NO FEE DOCUMENT Exempt per Government Code &6103 & 627383 RECORDING REQUESTED BY AND WBENN RECORDED MAB, TO: Capital Programs ORANGE COUNTY AUTHORITY 550 South Main Street P.O. Box 14184 Address: Santa Ana, California APN: 398-351-04, 398-351-05, 398-351-07 and 398-351-08 Project Parcel No.: OCS-009-01 and OCS-009-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PLATFORM AND TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive perpetual platform and traction power substation easement which allows Grantee and its employees, agents, representatives, contractors, successors and assigns the right to use the described property for the construction, operations, maintenance, and all related purposes, of the OC Streetcar System, in, on, over, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights, Limitations of Use and Occupancy of Easements; and facilities to be constructed: • OCTA shall provide the City a minimum of thirty (30) -days written notice as to when construction will commence. • The OC Streetcar controlled work access zone is defined as the area extending four (4) feet beyond the farthest rail, any portion of a streetcar stop within ten (10) feet of a traction power substation unit and ten (10) feet from the overhead contact system (OCS). • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over, below or above Parcel 1 Easement area, except for driveway purposes. • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over, below or above Parcel 2 Easement area. • The facilities to be constructed on, over, below or above Parcel 1 Easement area are those elements included in the construction documents reviewed and approved by the City. • OCTA shall maintain all facilities within Parcel 1 Easement area with the exception of: o Curb and gutter north of OCTA's traction power substation o Driveway pavement north end of TPSS area • The facilities to be constructed on, over below or above Parcel l Easement area are those elements included in the construction documents reviewed and approved by the City. EXHIBIT 4 1201539.1 20A-91 • OCTA shall maintain all facilities within Parcel 2 Easement area with the exception of o Driveway pavement south end of OC Streetcar Platform area o Sidewalk and curb and gutter at south end of OC Streetcar Platform area • Except as to those improvements identified below as being protected in place, improvements within the Easement areas will be removed as needed by OCTA to allow for construction activities. Pursuant to Amended and Restated Cooperative Agreement C-94- 859 and the Memorandum of Understanding C-5-3295 referenced above, no compensation will be paid by OCTA for this Easement or improvements. • The following improvements within the Easement area will be protected in place: o NONE OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, II City Manager Approved as to Form: By V14 IKI, S is R. Carvalho 11�— City Attorney Approved as to Form: Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-92 ACKNOWLEDGEMENT 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 ORANGE On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their 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. (seal) 1201539.1 Signature 20A-93 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Beil Executive Director, Capital Programs 1201539.1 20A-94 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS LEGAL DESCRIPTION I PERMANENT EASEMENTS I Parcell: In the City of Santa Ana, County of Orange, State of California, being those portions of Block 43 and Brown Street (abandoned) of the Town of Santa Ana- East, recorded in Book 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of said Orange County; thence along the centerline of said Santiago Street South 25028'19" East (South 26°04'21" East per said Record of Survey 84-1188) 561.32 feet; thence North 64031141" East 40.00 feet to a point on the northeasterly line of said Santiago Street, and the True Point of Beginning; thence along said northeasterly line North 25028119" West 55.00 feet; thence North 64°31'41" East 70.50 feet to a line parallel with and 70.50 feet northeasterly of said northeasterly line; thence South 25'28'19" East 55.00 feet along said parallel line; thence South 64°31'41" West 70.50 feet to the True Point of Beginning. Containing 3,878 sq. ft. Parcel 2: In the City of Santa Ana, County of Orange, State of California, being those portions of Lots 1 through 14, Block 51 of the Town of Santa Ana- East, recorded in Book 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows: M:\2HNr0104001SURVEYN.EGALS\SARTMI crip5on\V-LG-PE-nESC-SARTC_REV l.docx 3/8/2018 20A-95 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of said Orange County; thence along the centerline of said Santiago Street South 25'28'19" East (South 26°04'21" East per said Record of Survey 84-1188) 340.22 feet; thence North 64031141" East 40.00 feet to the southernmost corner of Lot 12 on the northeasterly line of said Santiago Street, and the True Point of Beginning; thence North 25'28'19" West 281.24 feet along said northeasterly line to the curved easterly line of the land described in the Easement Deed to the City of Santa Ana, recorded in Book 9139, Page 1 of Official Records of said county, said curve being concave southeasterly having a radius of 33.00 feet, a radial line to said curve bears North 80°23'42" West; thence northerly 10.53 feet along said curve through a central angle of 18°16'51" to the southerly line of Fruit Street as described in Easement Deed to the City of Santa Ana, recorded in Book 554, Page 376 of Deeds, records of said county; thence South 89023136" East 1.82 feet along said southerly line to the southeasterly line of said Santa Ana Boulevard having a southerly half width of 52.00 feet; thence North 64°53'44" East 35.05 feet along said southeasterly line to a line parallel with and 44.00 feet northeasterly of the northeasterly line of said Santiago Street; thence South 2528'19" East 320.93 feet along said parallel line; thence South 64031141" West 44.00 feet to said northeasterly line; thence North 25'28'19" West 33.20 feet along said northeasterly line to the True Point of Beginning. Containing 14,109 sq. ft. Subject to any easements or rights per recorded or unrecorded documents. All as shown on Exhibit `B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. M:VEt4T010400VSURVEY\LEGALSVSARTC1DescriptionlV-LG-PE-DESCSARTC_REV l.docx Paget of 3/8/2018 KO • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. Peter J. Fitzpatric C PLS 6777 Date M:\2M.TrOI0400\SURVEY�LEGALSVSARTC1Dmaipdon\V-LG-PE-DESC-SARTC REV Ldoax 3/82018 20A-97 F, It FJT$PATR)CK Pago 3 of 3 EXHIBIT = 33.00' 18=16'51" 10.53' 40 N64°31'41"E T.P.O.8 40,00' PCL 2 1 1 40' 40' LEGEND: ® PERMANENT EASEMENTS I 1 N64.310'41 "E 40.0 , SANTA ANA BLVD 6 R-- ------ �� N6354"E 05SF 15 RS 95-1035 Y2- S'LLINE OF / I FRUIT ST 3I 1 FR �\ T 4 "A" I MD -1 -----------i �e9y0 ----- - - - - - j O f 6 APN 398-351-07 F� M I N 7 I M 1 W Ld w B Q I a m 9------------ 1 TOWNy OF SANTA ti 10 ANA -EAST ----- -BK JO, PGS. 43-44, 44' 11 M.R. L.A. COUNTY /4 _Bl�OCX 51 12 APN 398 -351 -OS _ _ _ _ _ _ 1 - L7 - - RS 94- 1 I BB ; h 15 1 10% PD 21 i0 �________________1 /v0 16 17 i//zp; z°. 4"V 1 L2 / / J / •' Q L4 `I @q D�STR ITOWN NA F EAST A O F� BK10, POS. 43-44p \ M.R. L.A. COUNTY BLOCK 43 DESCRIPTION: PERMANENT EASEMENTS OVER SANTA ANA REGIONAL TRANSPORTATION CENTER TTO SANTA ANA . PG. 376, DEEDS GRANT DEED TO CITY OF SANTA ANA INST. NO. 85-145812, O.R. REC. 4/24/1985 FINAL ORDER OF CONDEMNATION CASE NO. 37-30-04 INST. NO. 84-218845. O.R. REC. 5/24/1984 LINE DATA: 87' DISTANCE L1 N25.28'19'W 55.00' L2 N64.31'41"E 70.50' L3 S25°28'19"E 55.00' = 33.00' 18=16'51" 10.53' 40 N64°31'41"E T.P.O.8 40,00' PCL 2 1 1 40' 40' LEGEND: ® PERMANENT EASEMENTS I 1 N64.310'41 "E 40.0 , SANTA ANA BLVD 6 R-- ------ �� N6354"E 05SF 15 RS 95-1035 Y2- S'LLINE OF / I FRUIT ST 3I 1 FR �\ T 4 "A" I MD -1 -----------i �e9y0 ----- - - - - - j O f 6 APN 398-351-07 F� M I N 7 I M 1 W Ld w B Q I a m 9------------ 1 TOWNy OF SANTA ti 10 ANA -EAST ----- -BK JO, PGS. 43-44, 44' 11 M.R. L.A. COUNTY /4 _Bl�OCX 51 12 APN 398 -351 -OS _ _ _ _ _ _ 1 - L7 - - RS 94- 1 I BB ; h 15 1 10% PD 21 i0 �________________1 /v0 16 17 i//zp; z°. 4"V 1 L2 / / J / •' Q L4 `I @q D�STR ITOWN NA F EAST A O F� BK10, POS. 43-44p \ M.R. L.A. COUNTY BLOCK 43 DESCRIPTION: PERMANENT EASEMENTS OVER SANTA ANA REGIONAL TRANSPORTATION CENTER TTO SANTA ANA . PG. 376, DEEDS GRANT DEED TO CITY OF SANTA ANA INST. NO. 85-145812, O.R. REC. 4/24/1985 FINAL ORDER OF CONDEMNATION CASE NO. 37-30-04 INST. NO. 84-218845. O.R. REC. 5/24/1984 LINE DATA: 0' 40' 80' 160' 240' SCALE 1" = 80' P SOMA S 3 xmto. C.n . D,, sw. mo san 0 Nq, CWf. 22107 )unslJ3u SHEET BEARING DISTANCE L1 N25.28'19'W 55.00' L2 N64.31'41"E 70.50' L3 S25°28'19"E 55.00' L4 S64°31'41"W 70.50' L5 S89°23'36'E 1.62' L6 N64"53'44'E 35.05' L7 S64°31'41"N 44.DO' LB N25°28'19'W 33.20' 0' 40' 80' 160' 240' SCALE 1" = 80' P SOMA S 3 xmto. C.n . D,, sw. mo san 0 Nq, CWf. 22107 )unslJ3u SHEET 1 OF 1 SCALE 1" = BO' DRAFTED NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 FIIF PATH 20A-98 NO FEE DOCUMENT Exempt per Government Code 46103 & U7383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 The Address: Santa Ana, California APN: 398-221-23, 008-068-09 Project Parcel No.: OCS-008 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive permanent easement (PE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, track, track slab; platforms, including, but not limited to subsurface foundations and footings; ticket vending machines; utilities; overhead catenary systems; and communication systems, along with their appurtenant fixtures and equipment, as required, in, over, under, across and within that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of PE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this PE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PE area. • Reasonable pedestrian access to adjacent properties shall be maintained at all times • Access to the PE area shall be from public right of way. • The following improvements within the PE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed as identified on the project plans shall be included in the compensation paid by OCTA for this PE, including but not limited to: o Brick/concrete pavers o Concrete sidewalk/banding, as required o Trees, as required o Landscaping and raised concrete planter boxes as required o Fire Hydrant o Water Main o Site Drainage System EXHIBIT 5 1201539.1 20A-99 The following improvements within the PE area will be protected in place: o None The following improvements within the PE area will be constructed and/or replaced by OCTA: o Linear concrete pavers o Decorative concrete banding o Landscaping and trees o Fire Hydrant o Water Main o Site Drainage System Surface drainage patterns will be maintained during construction and restored to pre- existing conditions. Prior to the termination of the Construction Period, OCTA will remove from the PE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. There shall not be constructed any improvement in, on, over, under, across or within the PE that would impede the rights as defined herein. OCTA expressly reserves the right to convey, transfer, or assign the PE subject to the same rights and limitations described herein. Dated this day of 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California a Raul Godinez, II City Manager Approved as to Form: Soya R. Carvalho Q City Attorney 7'* Approved as to Form: Ey Fuad S. Sweiss Executive Director, Public Works Agency 1201539.1 20A-100 ACKNOWLEDGEMENT 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 ORANGE On , 2018, before me, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature onthe 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. (seal) 1201539.1 Signature 20A-101 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: James G. Bell Executive Director, Capital Programs 1201539.1 20A-102 PSOMAS 1 EXIE[IBIT `A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being that portion of 6 41 Street abandoned per Resolution No, 69-27, recorded on February 19, 1969 in Book 7 8878, Page 863 of Official Records of said County, together with that portion of the 4' 8 Street abandoned per Resolution No. 80-160, recorded on October 20, 1983 in Book 9 13796, Page 1800 of Official Records of said County, described as follows: 10 11 Beginning at the northeasterly comer of Lot 1, Block `1', of the Jacob Ross Addition to 12 Santa Ana, recorded in Book 5, Page 582 of Miscellaneous Records of Los Angeles 13 County, California; thence along the northerly line of said Lot 1 North 82°45'22" West 14 15.00 feet to the westerly line of North Ross Street, (80 feet wide) as shown on said 15 Jacob Ross Addition to Santa Ana and the True Point of Beginning; thence 16 North 89023'44" West 82.53 feet; thence North 00°36'16" East 13.44 feet; thence 17 North 89023'44" West 192.87 feet; thence South 01'07'03" West 12.34 feet to the 18 southerly line of said 4' Street; thence along said southerly line North 89°23'44" West 19 10.03 feet to the beginning of a non -tangent curve concave northerly having a radius of 20 569.44 feet, a radial line to said curve bears South 01 °41'49" West; thence westerly 21 55.13 feet along said curve through a central angle of 05°32'49'; thence 22 North 82045'22" West 19.28 feet to a curve concave northerly having a radius of 23 569.44 feet; thence westerly 23.04 feet along said curve through a central angle of 24 02019'07'; thence North 80°26'15" West 57.94 feet to the curved southeasterly line of 25 Santa Ana Boulevard, (108 feet wide) per Resolution No. 68-186 recorded in Book 8819, 26 Page 934 of Official Records of said County, said curved southeasterly line being 27 concave northwesterly having a radius of 854.00 feet, a radial line to said curve bears 28 South 15025'08" East; thence northeasterly 69.58 feet along said curve through a central 29 angle of 04040'05"; thence South 89°23'44" East 38.78 feet; thence 30 South 07014'38" West 12.24 feet to the beginning of a non -tangent curve concave 31 northerly having a radius of 545.00 feet, a radial line to said curve bears M:\2HNT0104001SURVEY\LEGALS\TPSS_3\De cription\V-LG-PE-DESC-APN 398-221-23 and 008-068-09_REV Ldom Page 1 of 3/9!2018 20A-103 PSOMAS 1 I South 0700605" West; thence easterly 61.80 feet along said curve through a central angle 2 of 06°29'48'; thence South 89°23'44" East 53.68 feet; thence North 0003616" East 3 14.77 feet; thence North 65°52'29" East 6.45 feet; thence South 33°09'11" East 4.57 feet 4 to a curve concave northeasterly having a radius of 14.35 feet; thence southeasterly 5 14.02 feet along said curve through a central angle of 55'57'58"; thence 6 South 89°23'44" East 118.22 feet; thence South 00'36'l6" West 7.30 feet; thence 7 South 89°23'44" East 14.75 feet to a curve concave northerly having a radius of 8 80.00 feet; thence easterly 33.07 feet along said curve through a central angle of 9 23°41'09'; thence North 66°55'08" East 38.42 feet to the westerly line of said Ross 10 Street; thence along said westerly line South 00°03'18" West 47.61 feet to the True Point 11 of Beginning. 12 13 Containing 9,924 sq. ft. 14 15 All as shown on Exhibit `B" attached hereto and made apart thereof. 16 17 This legal description is not intended to be used in the conveyance of land in violation of 18 the Subdivision Map Act of the State of California. 19 20 The Basis of Bearings for this legal description is based on the California State Plane 21 Coordinate System of 1983 (CCS 83), Zone VI, relative to the North American Datum of 22 • 1983 (NAD83); 2011.00 Epoch. 23 24 This legal description was prepared by me or under my direction. 25 26 iti F�RPATF{IL`K 27 'sem No; 677 28 29 // �'• �"Lr� 3o Peter J. Fitzpatrick, LS 6777 Date 31 M,VJW010400\SURVEYILEGALs\TPSS_3\DmcripGon%V-LG-PE-DESC-APN 398-221-23 and 008-068-09_REV Ldoez 3/9/2018 20A-104 Page 2 of 2 LINE DATA: EXHIBIT "B" BEARING DISTANCE rnnvC nATA- L1 N89°23'44"W DELTA 82.53' L2 N00°36'16"E 05°32'49" 13.44' L3 N89°23'44"W 02°19'07" 192.87' L4 S01°07'03"W W40105" 12.34' L5 N89°23'44"W 06°29'48" 10.03' L6 N82°45'22"W 55°57'58" 19.28' L7 N80°26'15"W 23°41'09" 57.94' L8 S89°23'44"E 38.78' L9 S07°14'38"W 12.24' L10 S89°23'44"E 53.68' L11 NOO°36'16"E 14.77' L12 N65°52'29"E 6.45' L13 533°09'11'E 4,57' L14 S89°23'44"E 118.22' L15 S00°36'16"W 7.30' L16 S89°23 '44'E 14.75' L17 N66°55'08"E 38.42' L18 S00°03'18'W 47.61' L19 N82°45'22"W 15.00' RAOIAI_ DATA: C4 PZVANII L5 R=9TNEET DETAIL'A' (ABANDONED) N.T.S. F - w w H rn z O F- (L 0' 50' 100' 200' 300' SCALE 1" = 100' DESCRIPTION-' PERMANENT EASEMENT APN 398-M-23 & 008-068-09 CRY OF SANTA ANA i I I J Hullw Centre p,SWle ]OG Soma lln. C°G(wI o2m7 ]H/)SI-]A)J LEGEND: SHEET 1 OF 1 ' ®-PERMANENT EASEMENT SCALE 1"=100' DRAFTED FD/NPG CHECKED JLE tDATE 03/08/2018 NUMBER 2HNT010400 Y,.HNT0104M1\GIRVFY\IFf,Al5\TPSS ]\FVM1I �If 20A-105 RADIUS DELTA LENGTH C1 569.44' 05°32'49" 55.13' C2 569.44' 02°19'07" 23.04' C3 854.00' W40105" 69.58' C4 545.00' 06°29'48" 61.80' C5 14.35' 55°57'58" 14.02' C6 80,00' 23°41'09" 1 33.07' RAOIAI_ DATA: C4 PZVANII L5 R=9TNEET DETAIL'A' (ABANDONED) N.T.S. F - w w H rn z O F- (L 0' 50' 100' 200' 300' SCALE 1" = 100' DESCRIPTION-' PERMANENT EASEMENT APN 398-M-23 & 008-068-09 CRY OF SANTA ANA i I I J Hullw Centre p,SWle ]OG Soma lln. C°G(wI o2m7 ]H/)SI-]A)J LEGEND: SHEET 1 OF 1 ' ®-PERMANENT EASEMENT SCALE 1"=100' DRAFTED FD/NPG CHECKED JLE tDATE 03/08/2018 NUMBER 2HNT010400 Y,.HNT0104M1\GIRVFY\IFf,Al5\TPSS ]\FVM1I �If 20A-105 20A-106