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Home My WebLink AboutSPS TECHNOLOGIES, LLC (2)Recor6 ng requested by: Commonwealth Land Title Company When recorded, please mail this Instrument and tax statements to: Clerk of the Council Ci of Santa Ana 20 ivic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 5 ➢OR! 27383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJ$I 1I11I[]IIIIIIIII NO FEE *$ R 0 0 1 3 1 9 6 1 4 5 $ * 20210005939651:59 pm 09/24/21 90 R1N9A E02 A04 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 _,_,_,,,,,SPACE ABOVE THIS LINE PORRECORDER'S USE A-2021-119-02 CANOR4 1 APPROWDA810 APPROYEDHY 13850RIPT10N D➢90RIPTlON A. P.NUM➢IIR AAYMAP PRD]RGT TAXES PORMHY ATTY. DIRECTOR WRITTRN➢Y CHECKED, NUh1➢➢R x ---] 1224E. Wwnur Avunµu,SoottAou.CA92705 nERn NUM➢Rn 9208906 q-1'7q TEMPORARY CONSTRUCT/ON EASEMENTAGREEMENT FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to CherryAerospace LLC, a Delaware limited liability company ("Grantor") Does Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized underthe Constitution and laws of the State of California (the "City'), A temporary construction easement on, over, and above that real property in the City of Santa Ana, County of Orange, State of California described in Exhibit 'A-1' and shown in Exhibit 'B-1' (the "Temporary Easement Area"), which exhibits are attached hereto and by reference made a part hereof, to use the Temporary Easement area (i) as an ingress/egress for the purpose of constructing road improvements and (ii) for possible grading and landscaping pursuant to the City's restoration obligations herein. The temporary easement granted herein shall automatically expire and terminate (and be of no further force or effect without further action of the parties) at 11-69 p,m. on the date that is one hundred eighty (180) days after a 16 days written notice Is given to Grantor by the City prior to commencement of work within TCE area, which shall be the start date of the TCE. Upon such termination, City shall, if requested in writing by Grantor, promptly execute and deliver to Grantor (for recording in the Records of Orange 110933392.4 0000072.00010 When recorded, please mail this instrument and tax statements to: Cleric of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by TIE CITY OF SANTA ANA PER C>OVERNN ENT CODE SECTION 6103. ABOVE THIS LINES FORRECORDEWS USE CANCEL APPROVED AS TO APPROVEDBY DESCRIPTION DESCRIPTION A.P.NU MZ RAW MAP MOMCT TAXES FORMBYATTY. DMCTOR WRITENBY CII,=D-OIL 016-150-09 NUMBER NUMBER x 1224 E. Wamer Avonuq Santa Ana, CA 92705 DEEDNUMIIER TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to CherryAerospace LLC, a Delaware limited liability company ("Grantor") Does Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California (the "City"), A temporary construction easement on, over, and above that real property in the City of Santa Ana, County of Orange, State of California described in Exhibit 'A-1' and shown in Exhibit B-1' (the "Temporary Easement Area"), which exhibits are attached hereto and by reference made a part hereof, to use the Temporary Easement area (i) as an ingress/egress for the purpose of constructing road improvements and (ii) for possible grading and landscaping pursuant to the City's restoration obligations herein. The temporary easement granted herein shall automatically expire and terminate (and be of no further force or effect without further action of the parties) at 11:59 p.m. on the date that is one hundred eighty (180) days after a 15 days written notice is given to Grantor by the City prior to commencement of work within TCE area, which shall be the start date of the TCE. Upon such termination, City shall, if requested in writing by Grantor, promptly execute and deliver to Grantor (for recording in the Records of Orange County, California) a termination of this Temporary Construction Easement Agreement in form and content reasonably acceptable to Grantor to confirm such termination. City shall keep the Temporary Easement Area and Grantor's adjacent property free from any and all liens arising out of any work performed by City or its contractors or employees on the property adjacent to the Easement Area or otherwise. 110933660.2 0060972-00016 Upon completion of City's use of the Temporary Easement Area pursuant to this Temporary Construction Easement Agreement, the City shall, prior to expiration of the temporary easement granted herein and at City's expense, remove all debris and restore the Temporary Easement Area to a condition equivalent to or better than that which existed prior to such disturbance. City shall defend, indemnify and hold Grantor harmless for, from and against any and all claims, demands, losses, damages, expenses and liabilities, including personal injury and forany damage to or loss or destruction of property, suffered by Grantor, its tenants, employees and invitees, arising out of or resulting from use, maintenance, repair or restoration of the Temporary Easement Area by City, its officers, employees, agents or contractors; provided however, that Grantor shall not be entitled to such indemnification for damage caused to Grantor or any third party by reason of the sole negligence or misconduct of Grantor or damage caused by the concurrent negligence of Grantor to the extent of such concurrent negligence. City's obligations under this paragraph shall survive the expiration or other termination of this Temporary Construction Easement Agreement. The temporary easement granted hereby is subject to all prior easements and encumbrances of record. The temporary easement granted hereby shall be non-exclusive and Grantor reserves the right to grant other easement rights in and to the Temporary Easement Area; provided that such easement rights shall not unreasonably interfere with the easement rights granted herein. IN WITNESS WHEREOF, the grantor ereto has ga used this Temporary Construction Easement Agreement to be executed as of this Z7� day of L1epk Am , 2021. Dated : MILZ az 2_02f 110933660.2 0060972-00016 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe document to which this certificate is attached, and not the mithfulness, accuracy, or validity of that document. State of California ) ) ss County of OR at a ) On �JP�1 n Z7 2Q2A before me, Cel Yl l` e l p-t Notary Public r tame of Notary) personally appeared 41 _r-I�5�'f��Ii �CGt (RG�Ic� who proved to me on the basis of sdtgfacto6 evidence to be #4 person(4)-whose name(s)Q/are subscribed to the within instrument and acknowledged to me thateVsheLthe}-executed the same in is ter�their--authorized capacity(ies} and that by is erAheif-signature(s)-on the instrument the person(*, or the entity upon behalf of which the person(&) -acted, executed the instrument. 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. J ' (Notary Signature) DANIELA 60RBE Nolary Public- California Orange County Commission X 2227659 z My Comm. Expires Jan 31. 2022 +rrr+nfwrri 110933660.2 0060972-00016 A-2021-119-02 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Temporary Construction Easement dated April 14, 2021 from SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to CherryAerospace LLC, a Delaware limited liability company ("Grantor") to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: Date City Manager ACKNOWLEDGMENT 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 July 22, 2021 before me Yesenia Cruz, Notary Public (insert name and title of the officer) personally appeared Steven Me oza who proved to me on the basis of satisfactory evidence to be the person( hose name is /,p(re subscribed to the within instrument and acknowledged to me that he/s y executed the same In his/h t Ir authorized capacity ' s), and that by his/he fir' Sig nature( 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. YESENIACRUZ Notary Public - California Orange County Commission k 2247542 *My Comm. Expires May 21, 2022 Signature EXHIBIT "A-1" HUITT-ZOLL.ARS, INO. • 2608 Main Street, Suite 400 • Irvine, CA 92014,4260.949.988,8016 phnrte ,.949.088.6820.fax � hulit-zailers.eom R307513,19 05-14-20 REVISED 05-15-20 EXHIBIT "Alt LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 016-150-09 That portion of the land allotted to James McFadden, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and for Los Angeles County, in the City of Santa Ana, County of Orange, State of California, more particularly shown on the Record of Survey filed in Book 25, Page 3, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the Westerly Southern Pacific Railroad Company Right of Way line as described in that certain Grant Deed recorded in Book 210, Page 33, of Deeds, in said office of the County Recorder, as shown on said Record of Survey and the Southerly line of the easement for street purposes described in that certain Deed, recorded April 5, 1966, in Book 7890, Page 714, of Official Records, in said office of the County Recorder, being the Southerly Right of Way line of Warner Avenue, 40.00 feet wide as now established; thence along said Westerly Right of Way line South 01°23'57" West 12.50 feet to a line parallel with and 12.50 feet Southerly of said Southerly easement line, also being the TRUE POINT OF BEGINNING; thence leaving said Westerly line along said parallel line North 88°29'43" West 126,31 feet to the beginning of a curve concave Northerly, having a radius of 6,085.00 feet; thence leaving said parallel line Westerly 231,92 feet along said curvet through a central angle of 02*11'01" to the beginning of a reverse curve having a radius of 7.00 feet; thence Westerly and Southwesterly 5.38 feet along said curve through a central angle of 44°02'03" to the beginning of a reverse curve having a radius of 23.00 feet; thence Southwesterly and Westerly 17.93 feet along said curve through a central angle of 44°39'33" to the beginning of a reverse curve having a radius of 22,526.00 feet; thence Westerly 124.53 feet along said curve through a central angle of 00°19'00"; thence non -tangent North 88023'57" West 81.60 feet to the Easterly line of Emmett's Addition of South Santa Ana, per map filed in Book 8, Page 13, of Miscellaneous Maps, in said office of the County Recorder, as shown on said Record of Survey; thence along said Easterly line South 01 °20'34" West 21.49 feet; thence leaving said Easterly line South 88°23'57" East 47.95 feet; thence South 02°25'13" West 9.96 feet; thence South 88°2943" East 216.10 feet; thence North 01°30'17" East 25.69 feet; thence South 88°39'35" East 321.64 feet to said Westerly Southern Pacific Railroad EXHIBIT "A-1" EXHIBIT A R307513.19 LEGAL DESCRIPTION -CONTINUED 05-14-20 PAGE 2 OF 2 REVISED 05-15-20 Company Might of Way lame; thence along said Westerly line North 01.923'57" East 2,22 feet to the TRUE POINT OF BEGINNING. Containing an area of 8,503 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof, DAVID W. MACKEY, P 9 8912 110933392.4 0060972-00016 IIN EXHIBIT "B-1" WAR NQ879'43"W EASC'MENT FOR STREET PURPOSES PER 000K 2339, PAGE 255, O.R. EASE7VfENT FOR $TREET PURPOSES ; PEER ROOK_? 90,_PA_GE 774, O.R, _ � 8,503 San.. 00 0 SHEET t OF 2 1 AV,ENUF J/�MES McFADD+EN ALLOT ENT /N rANTIAG r+le SAN A ANA REVISED. 511512020 III I ♦ I ...ascrt-� u.,.- 5 t5 2020 rpo 70' r �wory 70' II SKETCH TO ACCOMPANY A LEGAL DESCRIP77ON EXHOT 'B' TEMPORARY CONS7RU0770N EASEAdENT A.PW Ole-100-047 1 .40' OWU °y RHH SIM12020 R3075iJ t9 EXHIBIT "B-1" IIN WAR —n N8879'43"W .,. EASEMENT FOR STREET PURPOSES PER ROOK 2339, PAGE 255, O.R, f ASEMENT FOR STREET PURPOSES tu _PeR saGK 7590, PAGE 714, a.R _ 027101 R.G,085'OG'^ 8,503 S4.n «0"26/0 AV VENUE ' 4 1 � N0173 571E rz5a� i:P.O.B N01'23'57 E 2,22' 70' y, (r Ei C91 JAIWES McFAD+EN ALL FMENF !N THE ^ANGMIo'15 BARFUS0 do "ANFA ANA 6,54,"'21 70' REVISED: 511512020 ,, �(�L p� �,,\ ./ I'�? kVhe 4QW9a 5816 Mw58 SKETCH TO ACCOMPANY A LEGAL DESCRIP77ON EfAW 18E TEMPORARY CONSTRUCTION EASEMENT A.PW OiS-150-09 MAW GME-19ui DAre r 5(t5 202o im NO. 1 m40' DKW RHH R.707513 19 R. \R30751.319\aAOD\MAPPING\DWG\EX\3075