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HomeMy WebLinkAboutNATIONAL PARK SERVICE (3)Recording requested by: Suzi Furjanic City of Santa Ana-PRCSA,M23 20 Civic Center Plaza Santa Ana, CA 92701 When recorded mail to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92701 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I11PI1111ff1111111111111111111I1111113 611IIllllllllll111111II111I11111[ NO FEE 2022000141051 fig 44 am 04/13/22 63 RW11A D06 12 0.00 0.00 0.00 0.00 33.00 0.00 0.000.000.00 0.00 Free recording requested by THE CITY OF SANTA ANA GOVERNMENT CODE SECTION I�W� S730,3 ACE ABOVE THIS LINEFOR RECORDER'S USE Centennial Park Land Exchange, Santa Ana, California A — 2 0 2 2 - d 15' — a 2 GSA N2 Z-Calif-598B, C&D DEED NO.8820 Replacement Property 43; Pacific Electric Park Site DECLARATION OF RESTRICTIONS 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 1.25-acres of real property known as the Pacific Electric Park Site and located at the northeast corner of the intersection of McFadden Avenue and Orange Avenue, within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property 3"). For convenience, Replacement Property 3 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-) aed-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 f zlly described on Schedule 1 (the "Exchange Property"). 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. Agreement. 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 Z-Calif S98B, C&D I of 11 Replacement Property #3 -- Pacific Electric Park Site Z(( 0 0 fj 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), elated 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 Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general public. 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 shall not 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, (e) Title Ili of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Z-Calif-598B, C&D 2 or 11 Replacement Property #3 — Pacific Electric Park Site 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 seep 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, 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. Z-Calif 598B, C&D 3 of 11 Relaceinent Property #3 — Pacific EIectric Park Site c. Until Grantee acquires and accepts title and possession to the Replacement Property at 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 may be 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 future 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. --------- ---- ----------- Remainder of page intentionally left blank--------- ---_-- ----- Z-Calif-598B, C&D 4 of 11 Replacement Property #3 — Pacific Electric Park Site To indicate their agreement to the provisions contained in this Declaration of Restrictions, Grantor and Grantee have cause this instrument to be executed by their duly authorized representatives effective as of 20,Z2, Grantor: ATTEST: City of Santa Ana, California By: By ti City Clerk Kristine Ridge City Manager 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 ) 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) Z-Calif-598B, C&D Replacement Property #3 — Pacific Electric Park Site 5of11 Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior By /Cindy Orlando Acting Regional Director National Park Service Date -Z 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 truthfiilness, accuracy, or validity of that document. State of California ) ) ss. County of San Francisco ) On: L% 2-f before me,A%7/7i�1/�M,Lo lS 16a flr0i� nersonally appeared 11-16'dt4 04an f� who proved to me on the basis of satisfactory evidence to be-tlie persor" whose names) is/ads, subscribed to the within instrument, and acknowledged to me thal'hslshe;rth�&}c executed the same his/herl eir authorized capacity(ies), and that by lfiislher/t1Teir-signatu") on the instrument the personN 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 (Signature ofKotary Public) SEAL Z-Calif-598B, C&D C of ll Replacernent Property #3 - Pacific Electric Park Site a, r APE11L M. JOHNS©N .�4f� :ra..'yr✓ Notary Public -California z San Francisco Coun `My Comm. Expires Nov 13, 2025 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 Febr_uary_17, 2022 before me Yesenia Cruz, Notary Public _ (insert name and title of the officer) personally appeared Kristine Ridge who proved to me on the basis of satisfactory evidence to be the person} whi e name�rj s /aKEubscribed to the within instrument and acknowledged to me that I shelth executed the same In h' erl t Kerlit authorized capacityks), and that by,4islherlt it signature,s�6h the instrument the person, or the entity upon behalf of which the persorp(sacted, 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. *my YESENIACRUZ Notary PubliC - Californta Orange CounCommission # 2243542 COMM, Expires May 21, 2022 SCHEDU E I Exchange Propert4' In the City of Santa Ana, County of grange, 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 oti-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 instrLunent number 2022000060506 records of said County, described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 89' 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 rnap; 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 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 10 10' 00" East, 16.82 feet; Thence South 41' 54' 23" East, 5 8.24 feet; Thence North 88' 50' 00" East, 199.08 feet; Thence South-1° 10' 00" East, 8992 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 88' 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. Z-Calif-59813, C&D 7 of 11 Replacement Property #3 — Pacific Electric Park Site C, gf; 2,0 aye 31V*g ON H 1,8 a t4 11381S A13141, 10 CD ve. L LU to 3 uaO. IJDLOt t. :f 7 VP LO C11 cc Y to CY z _C3 01 100 M.4 s Nr Sal law Ln Do Y;Q ' it CD in La A OR4Q ltr 0 'Cen, CM to 0, SR C4 w VC4 3 uq4 S in ,Ln r sg1 A lot)"o(l M ,OQ ()t.l wa CBS ww 46> RIP ALY -ja M '.00 Mit N Z-Calif-598B, C&D 8 of 11 Replacement Property #3 - Paciflo. Electric Park Site SCHEDULE 2 Replacement Property_ Replacement Property 3 - McFadden-0 range/ 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 159, PAGE 219 OF DEEDS, RECORDS OF ORANGE COUNTY, ZCalif 598B, C&D 9 of 11 Replacement Property #3 — Pacific EIectric Park Site 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: 011-065-24 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 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 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 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. 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