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HomeMy WebLinkAboutNATIONAL PARK SERVICE (2)Recorded in Official Records, Orange County HugNguyen, Clerk -Recorder Recording requested by: jjjjIII{�IlIIIIIillll�llllllllllllll�11lllllllrl llllllllllfdIIlllO FEE Suzi Furjanic *$ R 0 0 1 3 6 6 5 3 8 1$ City of Santa Ana-PRCSA, M23 2022000141048 9.44 am 04/13122 20 Civic Center Plaza 63 RWI1A ROS 23 Santa Ana, CA 92701 0.00 0.00 0.00 0,00 66.00 0,00 0.000.000.00 When recorded mail to: 0.00 Clerk of the Council - City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92701 Free recording requested by THE CITY OF SANTA ANA GOVERNMENT CODE SECTION SPACE ABOVE THIS LINE FOR RECORDER'S USE Centennial Park, Santa Ana, California A — Z p Z Z— Ol S — 0 l Former F.C.C. Monitoring Station Santa Ana, Portion DEED NO. 8819 GSA Ws Z-Calif-598-B, C and D A V -?EWMERELEASE G J1 1 l 1 D J�f This Deed of Release (this "Release") is from THE UNITED STATES OF AAMERICA, acting by and through the undersigned Regional Director, Pacific West Region, National Park Service, under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat, 377), as amended (the "Act"), and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), to City of Santa Ana ("Grantee"), and its assigns. Recitals: A. Grantor conveyed to Grantee, pursuant to authority delegated by the Secretary of the U.S. Department of the Interior, and as authorized by the Act and regulations and orders promulgated thereunder, 83.62 acres of real property, more or less, located in Santa Ana, County of Orange, California (the "Park Property"), consisting of 21.65 acres as more fully described in the Quitclaim Deed dated June 30, 1977, and recorded in Official Records Book 12326, at Pages 1194 - 1199, together with a portion of land described in a deed dated June 1,1969 for approximately 60.52 acres filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described in a deed for 1.43 acres of real property, more or less, as more fully described in the Quitclaim Deed dated FEBRUARY 15, 2022 and recorded, Filed as instrument number 2022000060506, Recorder's Office, Orange County, California (the "Quitclaim Deeds"). B. The Park Property was conveyed to Grantee upon the express condition that the Park Property was to be used exclusively for public park and recreational purposes and certain restrictions were expressly set forth as paragraphs 1 through 8 of the 1977 Quitclaim Deed and paragraphs 1 through 5 of the 1969 Quitclaim Deed and paragraphs 1 through 14 of the 2022 Quitclaim Deed (collectively, the "Restrictions"). C. Subsequent to the said conveyance of Park Property, Grantee allowed construction of a community college on a portion of the Park Property, consisting of a tract of approximately 2.42 acres, as more fully described on Schedule l attached hereto and made a part hereof (the "Exchange Property"), and seeks to obtain a release of the said condition that the Exchange Property was to be used exclusively for public park and recreation purposes, in exchange for which Grantee would acquire other real property, as more fully described in Schedule 2 attached hereto and made a part hereof, consisting of 3 properties known as Centennial Park f GSA Ke Z-Calif-598B, C&D Page 1 of 22 Deed of Release Replacement Property 1) Raitt-Myrtle St Park, encompassing 1.09 acres more or less of real property and located at the intersection of Raitt and Myrtle Streets, Replacement Property 2) 61 and Lacy St. Park, encompassing 0.42 acres more or less , and located at the corner of 61 Street and Lacey Street, and Replacement Property 3) the Pacific Electric Park site encompassing 1.25-acres more or less, and located at the northeast comer of the intersection of McFadden Avenue and Orange Avenue, (collectively the "Replacement Properties") and would impose a condition that the Replacement Properties be used exclusively for public park and recreation purposes, as required pursuant to the Act. D. Grantor and Grantee wish to make the Replacement Properties available to be used exclusively for public park and recreation purposes, E. The Act authorizes the Secretary of the Interior to release the Exchange Property from the Restrictions if certain conditions are met, which authority has been redelegated to the Director of the National Park Service and the Regional Directors of the National Park Service. F. The General Services Administration has advised the National Park. Service by letter dated July 12, 2021, that it concurs with releasing all Restrictions set forth in the Quitclaim. Deeds placed upon the Exchange Property for public park and recreational purposes. NOW, THEREFORE, the said Regional Director, acting on behalf of the United States of America, does hereby release the Exchange Property from all Restrictions placed upon it in the Quitclaim Deeds, including, without limitation, the requirement that the Exchange Property be used exclusively for public park and recreational purposes. This Release does not affect, and the Exchange Property remains subject to, ail legal easements, leases, agreements, tights -of -way, and other restrictions. All Park Property conveyed in the original Quitclaim Deeds that is not included in the Exchange Property remains subject to the Restrictions in the Quitclaim Deeds, including but not limited to the requirement that it be used for public park and recreation area purposes in perpetuity. This Deed of Release does not convey any right of exclusive use of any areas, including but not limited to parking areas, outside the Exchange Property. In consideration of the release of the Exchange Property from the Restrictions, Grantee has on this same day entered into a Declaration of Restrictions for each of the three Replacement Properties with the United States of America, acting by and through the Secretary of the Interior, whereby Grantee will pledge certain rights and interests in the Replacement Properties to the United States of America, acting by and through the Secretary of the Interior. The form of the Declaration of Restrictions is attached as Schedule 3 to this Release. Remainder of page intentionally left blank Centennial Park / GSA Ns Z-Calif 598B, C&D Page 2 of 22 Deed of Release IN WITNESS WHERE_OF the Grantor bas caused this Deed or Release to be executed in its name and on its behalf on this the -y day off /-L-- , 20 � -, UNITED STATES OF AMERICA Acting by and through the Secretary ofthe Interior B / Y• Ly Cindy Orlando Acting Regional Director National Park Service 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, accurac', or validity of that document, State of California County of San. Francisco } ss. } before me,Ana& / �/ 1�2 , L14T personally appeared , who proved to me on the basis of satisfactory evidence to e person whose names is/be subscribed to the within instmment, and acknowledged to me that Ogishe/thy executed the same N/her/tNir authorized capacity(%s), and that by1fts/her/tl't # signature{°s,} on the instmment the personW or the entity upon behalf of which the personK acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. kPRIL M. JQHNSON r Notary Public - California n z SEAL: z San Francisco County } r Commission r 238a9b2 (Signature otgotary Public) `My Comm. Expires N❑v 13, 2025 Page 3 o f22 Centennial Park/ GSA N Z-Calif-598S, C&D Deed of Release The foregoing conveyance is hereby accepted, and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. � TEST. City of Santa Ana, California $y �.r�c y° Kristine Ridge City Clergy City Manager Date 27Z2 2, ACKNO WLLDGE WNT 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 ) ) ss. County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Centennial Park / GSA .Ne Z-Calif-598B, C&D Deed of Release Page 4 of 22 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 February 17 2022 before me Yesenia Cruz, Notary Public (insert name and title of the officer) personally appeared Kristine Ride ho proved to me on the basis of satisfactory evidence to be the person whose nameKis 1 subscribed to the within instrument and acknowledged to me that/sheft executed the same in tslliieritrr authorized capacity ] and that by Wtrer{thei�� signature n the instrument the person(,s}-6r the entity upon behalf of which the perso kej 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. ° YESENJACRUZ Notary public - Caiifornla :7 . 4ranoe County Como w comm. Expires s 2ay 21,2 /I1J My Comm. Expires May 21, 2022 SCMDULE 1 Exchange Property In the City of Santa Ana, County of Orange, State of California, being a portion of land, described. in a deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County, together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described hi a deed filed as instrument number 2022000060506 records of said County, described as a whole as follows; Commencing at Westerly terminus of that certain course shown as North 880 50' 00" East, 1020.05 feet, in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as shown on said map; Thence, South 1 ° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South I 10' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of Beginning; Thence North 88" 50' 00" East, 242.53 feet; Thence South 1 ° 10' 00" East, 16.82 feet; Thence South 41' 54' 23" East, 5 8.24 feet; Thence North 89' 50' 00" East, 199.08 feet; Thence South 11 10' 00" East, 89.92 feet; Thence South 88' 50' 00" West, 96.56 feet; Thence South 1' 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90.21 feet; Thence South 58' 11' 54" West, 84.07 feet; Thence South 88150' 00" West, 84.35 feet; Thence North 1Q1.0' 00" West, 13.76 feet; Thence South 88' 50' 00" 'hest, 136.16 feet to a point of intersection with the Westerly line of said Deed; Thence South 88' 50' 00" West, 43.97 feet; Thence North I' 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East, 5.98 feet; Thence North 1° 10' 00" West, 32.85 feet; Thence North 45' 22' 35" West, 25.45 feet; Thence North 10 10' 00" West, 64.92 feet; Thence North 88' 50' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Ceatennial Park/ GSA Nq Z-Calif-598B, C&D Page 5 of 22 Deed of Release SCHEDULE 1 Exchange Property Sketch 31a.aS ON U- a H1:aON Ma alp ```--- -_ (i � v.. 4 ;,:0.0. ; O.w S. em s, ter. e .•' Si .f A ; r w - trr b irr L 9„"43[1 ,17 4 a t S Y C Z iR,t Co. Y C7 co a .lU u. on 3. efvU• ,0.�4� �' Cq N .to ' W �0 r; KT R L: at Nl p ur V1. rrn0. ,Q'a,� Vi -�-p- wo w � w R c f GO � S6 r 3 0 IO: seam co Co. [no; .z Sf} � Q Q o a I�N�� cq O kn u N G�$9�19 ZOE '�N z z r.OR I 3 054940o4ZZ�} c Maui '` r,00 r0y0Y �ti� [ u' ,fx4.'.ZE4 .,H tq- 4 C�5 W j B� fZ&'u9 7Ciu h n00 eQL.6 h1 N N cJ „00 10LeL $ O. C *- in, ao f, f�Q zz.,' I{{ r-I Nq 00 kM ly8 w 30 14 180 liM�il�O m 6 r n � A „00 ,oi.at N Centennial Park / GSA Ms z-Calif 598B, C&D Page 6 of 22 Deed of Release SCHEDULE 2 Replacement Properties Replacement Property 1 - Raitt-Myrtle Site All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL 1: APN: 007-273-12 BEGINNING AT A POINT 1232 FEET SOUTH OF A POINT IN THE CENTER OF FIRST STREET, WHICH IS 1942 FEET WESTERLY FROM THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; RUNNING THENCE WESTERLY PARALLEL WITH THE CENTER LINE OF FIRST STREET, 443.4 FEET TO THE EASTERLY LINE OF ARTESIA STREET; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF ARTESIA STREET 44 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO PAUL W. LADIGES AND WIFE, BY DEED DATED DECEMBER 18, 1922 AND RECORDED IN BOOK 451 PAGE 70 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LADIGES, 443.4 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH 44 FEET TO THE POINT OF BEGINNING, PARCEL 2: APN: 007-273-14 BEGINNING AT A POINT IN THE CENTER OF FIRST STREET, 1942 FEET WEST OF THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B. AND M,, AND RUNNING THENCE SOUTH 1320 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 1 OF THE SEPULVEDA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE WEST ALONG SAID SOUTH LINE 443.4 FEET, MORE OR LESS, TO THE EAST LINE OF ARTESIS STREET; THENCE NORTH ALONG SAID EAST LINES 1320 FEET, MORE OR LESS, TO THE CENTER LINE OF WEST FIRST STREET, AND THENCE EAST 443.4 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 1232 FEET THEREOF. Centennial Park I GSA Na Z-Calif-598B, C&D Page 7 of 22 Deed of Release ur g abed aseajaxjo paaQ Q?Sa `SBbS TIgD-Z 3X bSrJ 1 NJud IPiuualnaD Wd W3 07AZfLw :Payupd ' o4qv;j vo" .Ad monbam l jo t oRed W=Inssv dvly Az•t l ? uogla41UAWLISwa}�e iaglo10o6eal�s'u�uaurassa+o�aq�e�oi`sayLelsa'eugsu41u'p Pnsu[1 riplu�dueojay! 'Aug A ';uou!@slopua 14 oDuEunau! elyl pu npad a lualxo ca cildog °PDl JdDp puel aqt Jo Awns a 4" R Pue'puel �oyln Pua eq�rpuflnq Izln eu `s{a8tp 6u u @fP� a! u�lle @!+� P'a@7 >q!!osop u oloq o!4 fL nrol til p a ue:se paws uln! Bulnaf it d.�i. em g�li 1 34. $�' �• � � pAlSY Si(F�7' R �� jib- • y rnnlr�xxe • SrRE�r � Ik Ir N Abe 1 � �Y�Iti ti ���.,7 � 1:J (�,� Q a '�A 0 V Jh i L y A rlj Replacement Property 2 - VVLacy Parr Site [from title report] The land referred to herein is situated in the State of California, County of Orange, described as follows: LOT 8, BLOCK 10, FRUIT ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 34, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-03 LOT 7 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANTA ANA", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, ST A TE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 398-334-04 LOT 6 IN BLOCK 1 D OF "FRUIT'S ADDITION TO SANT A ANA", AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 34 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-05 Centennial Park / GSA .N® Z-Calif-598B, C&D Page 9 of 22 Deed of Release r+a ^ WR �i tilt H I = _ 1 u �I I r IF M A . rr • � Y •-t -a � -� � pryry �eI t,• VV 1133ill8 N.�1,vCd � r• r f my • �k w N N �• yO . i t t � ♦D d33iiS •a �.�,� g rv�inrnv l 1J w w 1:.J 4 i O a •,nr � • 0 8 n • 0 �o a b `f tL - 44*4 tiY-i W MIA Ti In a s song urns sd as an ail in eca rig FA6 Hari d—eacribad Laftd in reiafion to a o n stree nature un a s and other land, ur <i ka no! a survey of Iha land de&tad, Except to the exlhent a pailay of ttla Insuianeo ps expro y mgdikd py andorsesent If any, lha Company dooa nor inawe dlmonslons, disfancea, Idcalloa of easements, acreage ar olhar matters shown Ihoreon, Ordnr;02012344 Doe: 3s833 MAP A55955OR Page it 611 Requested 6y:lteuln Medheo , kinled: 41210202;30 PM Centennial Park / GSA N2 Z-Calif-598B, C& D Page 10 of 22 Deed of Release Replacement Property 3 - McFadden -Orange/ Electric Park Site All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: ASSESSOR'S PARCEL NUMBER: 011-065-20 LOTS 10 AND 11 IN BLOCK "B" OF TRACT NO.227, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL B: ASSESSOR'S PARCEL NUMBER: 011-065-21 LOT 12, BLOCK "B" OF TRACT NO. 227, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: ASSESSOR'S PARCEL NUMBER: 011-065-22 THE WEST 50 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF MC FADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF LOT 2 OF THE MC FADDEN-WILSON TRACT, AS PER MAP THEREOF RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE STRIP OF LAND CONVEYED TO H.E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF DEEDS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, AND RUNNING THENCE NORTH 175 FEET; THENCE WEST 260 FEET; THENCE SOUTH 175 FEET; THENCE EAST 260 FEET TO THE POINT OF BEGINNING. PARCEL D: ASSESSOR'S PARCEL NUMBER: 011-065-23 THE EAST 80.00 FEET OF THE WEST 130.00 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 2, AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE STRIP OF LAND CONVEYED TO H_ E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 169, PAGE 219 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 175.00 FEET; THENCE WEST 260.00 FEET; THENCE SOUTH 175.00 FEET; THENCE EAST 260.00 FEET TO THE POINT OF BEGINNING. PARCEL E: ASSESSOR'S PARCEL NUMBER: 011-066-24 THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN CN A MAP RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LDS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 2, AT A POINT 80.00 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF THAT CERTAIN STRIP OF LAND CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND Centennial Park / GSA M Z-Calif 598B, C&D Page 11 of 22 Deed of Release CONVEYED BY R. E. JOYCE AND WIFE TO ROBERT R. CALENDAR AND WIFE, BY DEED RECORDED IN BOOK 432, PAGE 67 OF SAID DEEDS; THENCE NORTH ON THE WEST LINE OF SAID PARCEL A DISTANCE OF 175.00 FEET TO THE NORTHWEST CORNER THEREOF, WHICH POINT IS IN THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY DORSEY A. HARWOOD AND WIFE TO B. L. CLAPP AND WIFE, BY DEED RECORDED IN BOOK 372, PAGE 16 OF SAID DEEDS; THENCE WEST ON SAID SOUTH LINE A DISTANCE OF 50.00 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF THE AFOREMENTIONED PARCEL CONVEYED TO CALENDAR, A DISTANCE OF 175.00 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 2 WHICH IS 50.00 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST ON SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. PARCEL F: ASSESSOR'S PARCEL NUMBER; 011-065-19 THAT PORTION OF LOT 2 OF THE MC FADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MC FADDEN STREET, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 2 AT THE POINT OF INTERSECTION OF THE WEST LINE OF A STRIP OF LAND CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED SEPTEMBER 21, 1908 IN BOOK 159, PAGE 219 OF DEEDS; THENCE NORTH 175 FEET; THENCE WEST 80 FEET; THENCE SOUTH 175 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF SANTA ANA RECORDED AUGUST 11, 2000 AS INSTRUMENT NO.20000421957 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. Centennial Park / GSA Ns Z-Calif-598B, C&D Page 12 of 22 Deed of Release CD L U a LO 1 ri o�oo G b`� O O O h? O Y a T)iRr! 0 0} ,� I �u � q 0 A W Q b 4 fzir � C a .. � �� �.I ? fA q ti a 3 eEOD dab �..+r R 0 � 2 sc a�clJ O R U :i. a o (2) S n ..y -j— —F 30NV80 5 Ij ;o�000aooz ry N � O• Le ``J 0 O V O O ` 0 }! '3AV SSAVA3 ti 1 gMf+yN :i- h ziz� a � a `f NNa 5 ii. 41N Nan 4l t>_yUUU4 ti 2 �R RR 4 AU M to _ o �Z-Ota a \ 1-[ to 3v. W�� ONI i wa Centennial Park I GSA Nn Z-CaliF-598B, C&D Page 13 at 22 Deed of Release SCHEDULE 3 Forin of tlje Declaration of Restrictions GSA Na Z-Calif 598B,C&D This Declaration of Restrictions is made by and between the City of Santa Ana, a municipal corporation ("Grantor"), and the UNITED STATES OF AMERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior ("Grantee"), pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act'), and regulations and orders promulgated thereunder. Recitals; A. Grantor is the owner of [acres] of real property known as the [site name] and located at [location], within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property [#] "). For convenience, Replacement Property [#] shall be referred to in the remainder of this document as the "Replacement Property." B. This Declaration of Restrictions is made in consideration of the Deed of Release dated of even date herewith between Grantee and Grantor relative to 2.42-acres of real property, more or less, located at Centennial Park, and more fully described on Schedule 1. C. Grantor has agreed to impose on the Replacement Property, for the benefit of Grantee and its successors and assigns, restrictive covenants to ensure that the Replacement Property will be permanently used solely for park and recreational purposes. A r� cement: NOW THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare, covenant, and agree, for itself and its successors and assigns, that the said Replacement Property shall hereafter and perpetually be held and conveyed subject to the following conditions and restrictions, to -wit: 1. The Replacement Property shall be used and maintained exclusively for public park and recreational purposes in perpetuity as set forth in the program of utilization and plan contained in Grantor's Environmental Assessment, Project Description (EA §1.2.3), dated January 2020, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and become a part of the original application (the "Program of Utilization"). 2. The Grantor shall, within 6 months of the date of this Declaration of Restrictions, erect and maintain a permanent sign or marker near the point of principal access to the Replacement Property indicating that the Replacement Property is a park or recreation area and has been acquired in substitution for property acquired from the Federal Government through the Centennial Park/ GSA N© Z-Calif 598B, C&D Page 14 of 22 Deed of Release Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general public. 3. The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the Replacement Property for public park or public recreational purposes subject to the same terms and conditions in this Declaration of Restrictions, Any mortgage, lien, or any other encumbrance not wholly subordinate to the interest of the Grantee in this Declaration of Restrictions shall constitute an impermissible disposal, However, this provision shallnot preclude the Grantor, its successors and assigns from issuing revenue or other bonds related to the use of the Replacement Property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the Replacement Property. Furthermore, this provision shall not preclude the Grantor from providing related recreation facilities and services compatible with the approved application though concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. 4. Funds generated on the Replacement Property may not be expended for non -recreational purposes. Until the Replacement Property has been fully developed in accordance with the Program of Utilization, all revenues generated on the Replacement Property must be used for the development, operation, and maintenance of the Replacement Property. After the Replacement Property has been fully developed in accordance with the Program of Utilization, revenue generated by the Replacement Property may be expended on other recreation properties operated by Grantor. 5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the Replacement Property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary of the Interior. 6. Grantor further covenants and agrees for itself, its successors and assigns, that: (1) any use, operation, program or activity on or related to the Replacement Property will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as such may be amended from time to time: (a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantor, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantor, its successors or assigns, is authorized to provide services or benefits on or in connection with the Replacement Property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, Centennial Park/ GSA Ns Z-Calif 598B, C&D Page 15 of22 Deed of Release undertake for himself the same obligations as those imposed upon the Grantor, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior or his successor or assign; (6) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantee and enforceable by the Grantee against the Grantor, its successors and assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the Replacement Property in order to determine compliance with the terms of this conveyance. 7. The Grantor, its successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantee, its employees, officers, attorneys, agents, and representatives from and against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to real or personal property or economic loss) that relates to the Grantor's failure to comply with the terms of this Declaration of Restrictions or from the use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or agents. 8. In the event that there is a breach by the Grantor, its successors or assigns, of any of the covenants, conditions, restrictions, and agreements set forth herein, whether caused by the legal or other inability of the Grantor, its successors or assigns, to perform said covenants, conditions, restrictions or agreements, the Grantee will give written notice, with a reasonable time stated therein, of such breach together with the actions required by Grantee in order to cure said breach. In the event Grantor, its successors or assigns, fails to cure such breach within the designated time frame set forth in the written notice, Grantor, for itself, its successors and assigns, covenants and agrees that Grantee shall be entitled to the following alternative remedies: a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed to the Replacement Property and shall allow Grantee the immediate right to reenter and take possession of the Replacement Property. Final acceptance of such deed shall be at the sole option of the Grantee. b. In the event Grantor, its successors and assigns, fails to comply with the remedy provided in Section 8(a) above, Grantor, for itself and its successors and assigns covenants and agrees that Grantee shall have the right to prosecute and complete a Quiet Title and Ejectment action, or other reasonably equivalent appropriate action, in a federal court of competent jurisdiction against Grantor, its successors and assigns and any other party -in - interest to the Replacement Property so that Grantee can acquire title and possession of the Replacement Property. By executing this Declaration of Restrictions, Grantor, for itself and its successors and assigns, hereby confesses judgment to Grantee to enable Grantee to complete such judicial proceedings. In addition, Grantor, for itself and its successors and assigns, agrees to pay Grantee all costs associated with any such judicial proceedings incurred by Grantee in acquiring title and possession of the Replacement Property. c. Until Grantee acquires and accepts title and possession to the Replacement Property at Centennial Park I GSA N2 Z-Calif-598B, C&D Page 16 of 22 Deed of Release its sole option and in accordance with the terms of Section 8(a) or 8(b) above, Grantor, for itself and its successors and assigns, covenants and agrees to be fully responsible to provide protection to and maintenance of said property at all times until such time as the title is actually accepted by the Grantee, including the period of any notice of intent to exercise Grantee's rights. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations 41 CFR 102- 75.690 as such maybe amended. 9. The failure of the Grantee to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but obligation of the Grantor, its successors and assigns, with respect to such fiiture performance shall continue in full force and effect. 10. The National Park Service and any representative it may so delegate shall have the right of entry upon the Replacement Property at all reasonable times to conduct inspections of the Replacement Property for the purposes of evaluating the Grantor's compliance with the terms and conditions of this Declaration of Restrictions. 11. The covenants, conditions, and restrictions set forth herein are intended to be covenants running with the land in accordance with all applicable law and shall burden and run with the Replacement Property and every part thereof or interest therein, and shall be binding on Grantor, its successors, assigns, and every successor in interest to all or any part of the property, and shall benefit Grantee and Grantee's, successors and assigns. All restrictions and conditions contained herein are for the sole benefit of the United States of America and may be modified or abrogated by the Secretary of the Interior, or his successor in function, as provided by the Act. Centennial Park / GSA N2 Z-Calif-598B, C&D Page 17 of 22 Deed of Release To indicate their agreement to the provisions contained in this Declaration of Restrictions, Grantor and Grantee have caused this instrument to be executed by their duly authorized representatives effective as of _, 24 Grantor: City of Santa. Ana, California SAMPLE DOCUMENT — NO SIGNATURE REQUIRED A.mNowu,DGEMENT 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 ) ) ss. County of San Francisco before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose naine(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ics), and that by hiAer/their signature(s) on the instrument the person(s) or . the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL: (Signature of Notary Public) Centennial Park / GSA Ne Z-Calif598B, C&D Page 18 of 22 Deed of Release Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior SAMPLE DOCUMENT — NO SIGNATURE REQUIRED By Cindy Orlando Acting Regional Director National Park Service Date AcxNOWLEDGEMENT 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 ) ) ss. County of San Francisco } On before me, personally appeared _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. SEAL; (Signature of Notary Public) Centennial Park / GSA Ns Z-Calif-598B, C&D Page 19 of 22 Deed of Release SCIICDULE I Exchange Property In the City of Santa Ana, County of Orange, State of California, being a portion of land,. described in a deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County, together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds, records of said County, together with a portion of land described in a deed filed as instrument number 2022000060506 records of said County, described as a whole as follows: Conunencing at Westerly ternninus of that certain course shown as North 88' 50' 00" East, 1020.05 feet, in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as shown on said map; Thence, South 1° 1.0' 00" East, 52.00 .feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1 ° 10' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of Beginning; Thence North 88' 50' 00" East, 242.53 feet; Thence South 1° 10' 00" East, 16.82 feet; Thence South 410 54' 23" East, 5 8.24 -feet; Thence North 88° 50' 00" East, 199.08 feet; Thence South i° 10' 00" East, 89.92 feet; Thence South 88' 50' 00" West, 96.56 feet; Thence South 1 ° 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90 .21 feet; Thence South 58° 11' 54" West, 84.07 feet; Thence South 88' 50' 00" West, 84.35 feet; Thence North 1°10' 00" West, 13.76 feet; Thence South 98' 50' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed; Thence South 88' 50' 00" West, 43.97 feet; Thence North 1° 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East, 5.98 feet; Thence North 1° 10' 00" West, 32.85 feet; Thence North 45' 22' 35" West, 25.45 feet; Thence North 1° 10' 00" West, 64.92 feet; Thence North 88' 50' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Centennial Park / GSA Na Z-Calif 598% C&D Page 20 of 22 Deed of Release t Ln VO4% V Q 3A i as YMV TfVat OIN —,e A'l SCHEDULE I Exchange Property Sketch ,.4vak kn W < N 0 N',cQ ka. m an L L6 0 Cq tr c\I 1109*zoi .00 Mot 5 q 90GO90000EFOZ -ON, —4sIjj rJ ,7 a. EX L I U11 10 1 • Be,L A �.q.k N t1o, N "00. i .Q C34 tij 0 I z u4W zcr Ln wo M a.00 OL..t N Centennial Park I GSA Na Z-Calif-598B, C&D Page 21 of 22 Deed of Release SCHEDULE2 Replacement Propert rlegal description] Centennial Park J GSA Na Z-Calif 598B, C&D Page 22 of 22 Deed of Release