HomeMy WebLinkAboutNATIONAL PARK SERVICE (4)Recording requested by:
Suzi Furjanic
City of Santa Ana-PRCSA,M23
20 Civic Center Plaza
Santa Ana, CA 92701
'4'i'hen 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
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Free recording requested by
THE CITY OF SANTA ANA
GOVERNMENT CODE SECTION 1'7, 7 '� 0-3
SPACE ABOVE ` FHS LINE FOR RECORDER'S
Centennial Park Land Exchange, Santa Ana, California A - Z 0 2 Z " a 1 S _ 0 -3
GSA Ns Z-Calif`598B, C&D DEED NO. 8821
Replacement Property #2; 6/Lacy 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 0.42-acres of real property known as the 6"'/Lacy Park Site and located at
the Southwest corner of 611 Street and Lacy Street, within the corporate limits of the City of Santa Ana, as
more filly described on Schedule 2 (the "Replacement Property 2"). For convenience, Replacement
Property 2 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 (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
declare, covenant, and agree, for itself and its successors and assigns, that the said Replacement Property
Z-Calif 598B, C&D 1 of 10
Replacement Property 42 - G'b/Lacy Park Site
shall hereafter and perpetually be held and conveyed subject to the following conditions and restrictions, to -
wit:
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 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.
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
Z-Calif-598B, C&D 2 of 10
Replacement Property #2 — ALacy park Site
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, 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. hi 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 alterative 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 Ej ectment 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-CEM--59$13, C&➢ 3 of to
Replacement Pioperty #2 — 61h[Lacy 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 fixture 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 ofpage intentionally left blank ----- ---------- —
Z-Calif-598B, C&D 4 of 10
Replacement Property #2 — 66/1racy 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
Grantor:
A411 ..�
City of Santa Ana, California By.
By
Kristine fudge
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 narne(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.
1 certify under PENALTY OF PER.ILTRY 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 5 of to
Replacement Property #2 - 6'4/Lacy Park Site
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 Rid a who proved to me on the basis of satisfactory evidence to be
the person whose nam is 1subscribed to the within instrument and acknowledged to me
that l s�i{{el 6y execute the same in perl r'authorized capacit)��, and that bit"/her1#1e
sigriatureeon the instrument the persoi , or the entity upon behalf -of which the persopfs1lacted,
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.
YESENIA CRUZ
Notary Public - California
_ Orange County
' Commission # 2243542
tr oe-�
^ my comm. Expires May 2 i, 2022
Al A
Grantee.
UNITED STATES OF AMERICA
Acting by and through the Secretary of the Interior
By i
Cindy Orlando
Acting Regional Director
National Park Service
Date
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-ofthat document.
State of California )
) ss.
Comity of San Francisco )
{ %�lG 1 before me,U,f1,n S6,-j lVq
personally appeared j✓j , Orlyndz) ,who proved to me on
the basis of satisfactory evidence to 49dthe personN whose nameXs) isles subscribed to the within
instrument, and acknowledged to me that N/she4ey executed the same NAer/ftir authorized
capacity(ieQ, and that by7iiiAer/th* signature(skon the instrument the person(5*), or the entity upon
behalf of which the person(f�acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws o fthe State of California that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
(Signature fNotary Public)
2-Calif-598B, C&D
Replacement Property 92 - 6"'/Lacy Pads Site
APRIL M. JOHNSON
....,.FF� Notary
.�
2
Public - California
San Francisco County
SEAL:
My
Commission ; 2380962
Comm. Expires Mov 13. 2025
6 of tO
SCHEDULE 1
Exchan a Propertv
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 Boob 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:
Commencing at Westerly terminus 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" 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 1 ° 10' 00" East, 16.82 feet;
Thence South 41° 54' 231" East, 5 8.24 feet;
Thence North 88' 50' 00" East, 199.08 feet;
Thence South 1 ° 10' 00" East, 89.92 feet;
Thence South 88" 50' 00" West, 96.56 feet;
Thence South 1° 10' 001" East, 68.26 feet;
Thence South 88' 50' 00" West, 90.21 feet;
Thence South 581 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 98' 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--598B, C&D 7 of 10
Replacement Property #2— 61/Lacy Park Site
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Z-Calif-598B, C&D 8 of 10
Replacement Property #2 -- 64h/Lwy Park Site
SCHEDULE 2
Replacement Property
Replacement Property 2 - 61VLacy Park Site
[froze 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 1N 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 10 OF "FRUIT'S ADDITION TO SANT A ANA", AS SHOWN ON A
MAP RECORDED 1N BOOK 10, PAGE 34 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
APN: 398-334-05
Z-Calif598B, C&D 9 of to
Replacement Property ##2 — 6114 acy Park Site
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Z-Calif-5938, C&D 10 of 10
Replacement Property 42 — 61hlLaey Park Site