HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (2)APN: DOCUMENTARY TRANSFER TAX$
Computed on the consideration or value of property conveyed
Exempt per Revenue & Taxation Code Section 11922
x Exempt from Recording Fees per Govt. Code Section 27383
❑ Unincorporated Area
N Incorporated - City of Santa Ana
Facility/Parcel No: E01-R1455, R1456, R1457 & R1458
Project Name: Santa Ana River Channel
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged, A-2022-183-01
PP QWA t Il ORANGE COUNTY FLOOD CONTROL DISTRICT,
IM' a body corporate and politic,
`` ``9 hereinafter referred to as "DISTRICT,"
N does hereby grant to
(V
cD
CITY OF SANTA ANA,
N a charter city and municipal corporation duly organized under the Constitution and laws of the State of
r—
California
hereinafter referred to as "GRANTEE," its, successor and assigns,
a non-exclusive easement for bridge and roadway purposes in, on, over, under, upon and across that certain
real property in the City of Santa Ana, County of Orange, State of California (hereinafter referred to as
"Easement Area") described in "Exhibit A-1, A-2," and illustrated in "Exhibit B-1, B-2," which exhibits are
attached hereto and by this reference made a part hereof. DISTRICT and GRANTEE, may sometimes
hereinafter be individually referred to as "Party" orjointly as "Parties".
GRANTEE's rights shall include rights to construct, reconstruct, repair, replace, alter, inspect, operate and
maintain a bridge, bridge piers, footings, debris nosing, a roadway, curbs, gutters, sidewalks, and any
appurtenant structures related thereto ("GRANTEE's Facilities"), and shall include reasonable access to the
Easement Area for the purpose of exercising the rights herein granted.
Bridge and Roadway Easement - OCFCD to City of Santa Ana t Rev. 09 27 22
It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right
of way herein granted in this casement deed ("Easement Deed") shall be subject to the following terms,
conditions, and reservations:
CONSTRUCTION AND MAINTENANCE (PMES2.2S)
GRANTEE shall have all construction, excavation, maintenance and or demolition plans approved in writing
by DISTRICT's Director OC Public Works, or designee, (hereinafter referred to as "Director") through OC
Public Works ("OCPW") County property encroachment permit process and shall obtain a County property
permit (CPP) with payment of normal processing fees therefor and shall provide evidence of adequate
insurance coverage prior to commencement of any work in, on, over, upon or across the Easement Area; and
upon completion of any such work, GRANTEE shall immediately notify Director in writing of such
completion.
Director's approval of GRANTEE's construction and/or maintenance plans shall not be deemed approval from
the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other
governmental requirements. DISTRICT is not responsible for permitting of any construction and/or
maintenance, design, assumptions or accuracy of GRANTEE's construction and/or maintenance plans.
Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE's
construction and/or maintenance plans.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of DISTRICT's flood control
facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed
flood control operations and maintenance of the Channel by DISTRICT.
Should it be necessary for GRANTEE to conduct any construction, demolition, inspection, repair, maintenance
or other activities that may disturb the surface of the Easement Area or require the use of any specialized
vehicles or equipment, including but not limited to haulers or cranes, subsequent to the completion of the initial
installation of GRANTEE Facilities, GRANTEE agrees to notify Director in writing sixty (60) days in advance
of such planned activities, obtain the Director's written approval of all plans, and obtain a CPP for any such
activities with payment of normal processing fees therefor mid shall provide evidence of adequate insurance
coverage prior to commencement of any such activities in, on, over, upon or across the Easement Area. The
Director's prior approval shall not be necessary, nor shall GRANTEE be required to obtain a CPP prior to
conducting any work associated with an emergency situation, however, GRANTEE shall notify the Director
within five (5) days following commencement of any such emergency work, and if so, requested by the
Director, GRANTEE shall secure a CPP for the purpose of documenting the emergency work.
In addition, GRANTEE shall condition third parties (e.g. permittees and/or franchisees) who seek to perform
any construction, demolition, or other activities that may disturb the surface of the Easement Area or require
the use of any specialized vehicles or equipment within the Easement Area, to obtain approval from the
DISTRICT through the CPP process prior to commencement of performing said activities or placement of any
facilities in, on, over, across or under within the Easement Area, which approval shall not be unreasonably
withheld, GRANTEE agrees that rights or permits granted to third parties by reason of this clause shall contain
provisions that such rights are subject to this Easement Deed, and that any such grants to third parties include
a provision that requires the third party to obtain a CPP before performing any construction, demolition, or
other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles
or equipment within the Easement Area, with the understanding that such a CPP may contain reasonable
conditions designed to ensure that said activities or placement of any facilities within the Easement Area do
not interfere with DISTRICT's use of the Easement Area and that the surface of the Easement Area, if
disturbed, shall be restored in kind as nearly as practicable to its original condition upon the completion of said
Bridge and Roadway Easement - OCf CD to City of Santa Ana 2 Rev. 09 27 22
activity.
Except in areas in which such activities require regulatory agency approval, or are otherwise designated as
environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with
GRANTEE Facilities provided, however, that any excavation shall be made in such a manner as will cause the
least injury to the surface of the ground and any improvements and/or landscaping around such excavation,
and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or
landscaping around such excavation, damaged shall be promptly restored by GRANTEE at its expense to the
same condition as existed prior to excavation, to Director's satisfaction.
GRANTEE shall, at no cost to DISTRICT, maintain Easement Area free of debris, graffiti and litter and shall
maintain in good repair and in safe condition, all GRANTEE's Facilities constructed, used or placed upon the
Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed and further agrees to require
any of its utility franchisees or other pennittees to maintain in good repair and in safe condition, all equipment
constructed, used or placed upon or within the Easement Area, at no cost to DISTRICT.
GRANTEE hereby acknowledges that the bridge piers, footings and debris noses are an integral part of
GRANTEE's bridge structure which will require, among other things, routine and periodic
inspection/maintenance. GRANTEE shall assume all maintenance responsibility of the bridge structure
including the piers, footings and debris noses.
2. REMOVAL AND/OR ABANDONMENT (PMES3.1S)
GRANTEE agrees that in the event (a) GRANTEE Facilities are no longer required, or (b) GRANTEE's use
of said Facilities ceases for a continuous period of more than one (1) year without written notice from
GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE's intention to
resume usage of GRANTEE Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT,
remove and/or abandon said GRANTEE Facilities within ninety (90) days after receipt of written notice from
Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no
cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement
Deed, to Director's satisfaction. In the event GRANTEE fails to commence and diligently pursue completion
of the removal of its Facilities from the Easement Area and the restoration of the Easement Area as provided
under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the
Director's option after thirty (30) days' written notice to GRANTEE, may cause the removal of any GRANTEE
Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including
but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee
of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said
costs from the Director.
GRANTEE shall also execute and deliver to the Director, within ninety (90) days of such removal and/or
abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed
sufficient to remove the encumbrance of this Easement Deed from title.
3. RELOCATION (PMES4.1S)
In the event GRANTEE Facilities shall at any time interfere with the operation, maintenance, replacement,
enlargement or improvement of DISTRICT's property as determined by the Director, and such interference
requires, in the Director's sole and absolute determination, the removal or relocation of GRANTEE Facilities,
the Director shall provide GRANTEE written notification of such interference and the need for the removal of
GRANTEE Facilities from the Easement Area, hi such instance, the Director shall endeavor to, but shall not
be obligated to locate an alternate site on DISTRICT -owned property for the relocation of GRANTEE
Facilities. Under no circumstance, shall DISTRICT be obligated to purchase any property, easement rights,
or enter into or pay for any lease or license rights to accommodate the relocation of GRANTEE Facilities. To
Midge and Roadway Easement - OCFCD to City of Santa Ana 3 Rev. 09 27 22
the extent an alternative area on DISTRICT property cannot reasonably be made available, DISTRICT may
terminate this Easement Deed and require GRANTEE to remove its Facilities from the Easement Area.
Except in an emergency, the Director shall provide GRANTEE with written notice a minimum of two hundred
forty (240) days in advance of the date that GRANTEE Facilities must be removed from the Easement Area.
GRANTEE agrees at its sole cost and expense, to remove its Facilities from the Easement area, restore the
Easement Area to the condition that existed prior to the installation of GRANTEE Facilities, satisfactory to the
Director, within such 240-day period, or as such date may be extended by the Director, and if an alternate site
on District property has been identified for the relocation of GRANTEE Facilities, GRANTEE at its sole cost
and expense shall relocate its Facilities to such location within said 240-day period, unless such period is
extended at the sole discretion of the Director. The removal and/or relocation of GRANTEE Facilities shall
be subject to the provisions of Section I (Construction and Maintenance) of this Easement Deed.
In the event GRANTEE fails to perform its obligations to commence and diligently pursue completion of the
removal of its Facilities from the Easement Area and restoration of the Easement Area as provided under this
section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director's
option after thirty (30) days' written notice to GRANTEE, may cause the removal of any GRANTEE Facilities
from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not
limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such
costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from
Director. Under no circumstance shall DISTRICT be obligated to relocate GRANTEE Facilities to any
alternate relocation site regardless of whether a relocation site had been designated on District -owned property,
4. REVISION OF LEGAL DESCRIPTION (PMES5.IS)
In the event it becomes necessary to relocate GRANTEE Facilities as provided in Section 3 (Relocation) of
this Easement Deed and the legal description described in attached Exhibit A and illustrated in Exhibit B are
subsequently determined to inaccurately describe the location of the Easement Area, the Parties agree that
GRANTEE shall cause the legal description and illustration of the Easement Area to be revised, and upon
written approval of both Parties of the revised legal description and illustration, this Easement Deed shall be
amended so as to replace the original legal description and illustration of the Easement Area with the revised
legal description and illustration and such amended Easement Deed shall be recorded by GRANTEE. The
Parties agree that the amendment of Exhibit A and Exhibit B and the re-recording of the Easement Deed shall
not affect, alter, or change any of the terms, conditions or reservations of this Easement Deed and further agree
that the amended and re -recorded Easement Deed shall relate back and be deemed in place as of the initial date
of this Easement Deed.
5. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out
all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all
governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction
in, on, over, upon or across the Easement Area, which arise from GRANTEE's use of or performance of any
activities permitted to be conducted in, on, over, under or across the Easement Area.
In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance
with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water
quality statutes, regulations, ordinances, or permits applicable to the construction, including but not limited to
use of appropriate best management practices, so as to ensure that pollutants are not discharged into the
Channel nor into DISTRICT's flood control system.
GRANTEE shall not accept any regulatory permit, or consent to any regulatory permit provision which may
(i) affect the operation and maintenance of the Channel; (ii) commit DISTRICT to any new maintenance
Bridge and Roadway Easement - OCPCD to City of Santa Ana 4 Rev. 09 27 22
obligation; (iii) require the installation of any water quality feature within the Channel property; (iv) result in
increased Channel operation or maintenance expenses; or (v) be inconsistent with DISTRICT's Channel
operations and/or facilities standards and criteria, without the Director's prior written approval, which approval
shall be at Director's sole discretion and which approval may include, but not be limited to the posting of a
bond or the deposit of funds to cover any permit obligations, GRANTEE shall ensure that any such proposed
permit provision(s) not approved in writing by the Director is/are stricken or deleted from the final permit prior
to its issuance.
No approvals or consents given hereunder by DISTRICT, as a Party to this Easement Deed, shall be deemed
approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.
G. COMPLIANCE WITH THE PROVISIONS OF THIS EASEMENT DEED
GRANTEE agrees that it shall be responsible for ensuring that all work or activities performed within, on,
over, under or about the Easement Area by GRANTEE's employees, contractors, subcontractors, agents,
representatives, permittees, franchisees or invitees are conducted in accordance with the provisions of this
Easement Deed.
HOLD HARMLESS (PMES7.2S)
GRANTEE acknowledges the Easement Area is in, on, over, under or about DISTRICT's Channel and may
be subject to all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or
otherwise, associated therewith. For purposes of this Section, GRANTEE acknowledges and agrees that
DISTRICT shall not be deemed negligent in the maintenance and/or operation of the Channel if DISTRICT
operates and maintains the Channel in substantial conformance with standard DISTRICT practices used for
other similar facilities.
GRANTEE hereby releases and waives all claims and recourse against DISTRICT and the County of Orange
("County") including the right of contribution for loss of or damage to property, or injury to or death of any
person arising from, growing out of or in any way connected with or related to this Easement Deed, including
any damage to or interruption of use of GRANTEE Facilities caused by erosion, flood, or flood overflow
conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement,
enlargement or improvement of the Channel or by DISTRICT's flood control operations, except claims arising
from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees
and contractors.
GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and bold
harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and
contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any
persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over
the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its agents,
officers, employees, invitees or licensees including, but not limited to, use of the Easement Area by members
of the general public. GRANTEE's indemnity obligation shall not extend to any liability arising out of the
concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials,
officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefi•om. If
DISTRICT and/or County is/are named as co-defeadant(s) in a lawsuit, GRANTEE shall notify Director of
such fact and shall represent DISTRICT/County in such legal action unless DISTRICT/County undertake(s)
to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to
DISTRICT/County its/their litigation costs, expenses, and attorney fees. I£ judgment is entered against
DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active
negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be
apportioned as determined by the court. Neither Party shall request a jury apportionment.
Bridge and Roadway Easement - OCFCD to City of Santa Ana J Rev. 09 27 22
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code
Section 1542 which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of executing the release, and that
if !mown by him or her, would have materially affected his or her settlement with the
debtor or released party,
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this section.
8. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.29)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon,
kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if
contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally
liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel
approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or
appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties,
fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums
paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after
GRANTEE's use of the Easement Area as a result of such contamination. This indemnification includes,
without limitation, costs incurred by DISTRICT in connection with any investigation of site conditions or any
cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or
agency because of Hazardous Material being present in the soil or ground water under the Easement Area.
GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and
restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE,
provided GRANTEE shall first have obtained. Director's written approval and the approval of any necessary
governmental entities or agencies for any such remedial action.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste
which is or shall become regulated by any governmental entity or agency, including, without limitation, the
County, the state of California, or the United States government.
9. RESERVATIONS (PMES9.IS)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights
in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights
and easement herein granted and reserves for itself the right to act in accordance with the Orange County Flood
Control Act including, but not limited to improving, constructing, reconstructing, rehabilitating, operating and
maintaining the Channel facility.
DISTRICT further reserves the right to grant easements, rights of way, and permits in, over, upon, through,
across, and along any and all portions of the Easement Area as will not interfere unreasonably with or prohibit
the use by GRANTEE of the rights and easement herein granted.
In the event DISTRICT exercises such rights to utilize the Easement Area, which use results in the disturbance
of the Easement Area, DISTRICT's only responsibility shall be to backfill with compacted earth to the grade
of the surrounding property following completion of DISTRICT's activity. GRANTEE shall restore
GRANTEE Facilities to the design and grade approved as provided for in Section 1 (Construction and
Maintenance) above.
Bridge mid Roadway Easement - OCFCD to City orSenta Ana 6 Rev. 09 27 22
10. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES1o.1S)
This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to
GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or
warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT's
interest therein.
11. TAXES AND ASSESSMENTS (PMESII.IS)
Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such
interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory
interest tax) which become due and payable upon the Easement Area or upon any GRANTEE Facilities,
fixtures, equipment, or other property installed, constructed or used by GRANTEE thereon in connection with
this Easement Deed, shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and
assessments to be paid promptly when due.
12. NOTICES (PMESI2.IS)
All notices, documents, correspondence and communications concerning this Easement Deed shall be
addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be
sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or
delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the
other Party at least ten (10) calendar days' prior written notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other
communications to the other by personal delivery or by Federal Express or similar courier service and so given
shall be deemed to have been given upon receipt.
To DISTRICT:
Orange County Flood Control District
c/o CEO/Real Estate Services
RE: Santa Ana River Channel — E01-R1455, R1456,
R1457 & R1458
P.O. Box 4048
Santa Ana, CA 92702-4048
13. VENUE (PMES13.IS)
To GRANTEE:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-19888
The Parties hereto agree that this Easement Deed has been negotiated mid executed in the state of California
and shall be governed by and construed under the laws of California. In the event of any legal action to enforce
or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located
in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of
such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically
agree to waive any and all rights to request that an action be transferred for trial to another county.
14. WAIVER OF RIGHTS (PMES14.18)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this
Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not
be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the
Bridge and Roadway Easement - OCFCD to City of Santa Ana 7 Roy. 09 27 22
Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term,
covenant, or condition of the Easement Deed.
15, SEVERABILTTY (PMES15.IS)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect
and shall in no way be affected, impaired or invalidated thereby.
16. ATTORNEY FEES (PMES 16. 1 S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any
provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.
17. SUCCESSORS AND ASSIGNS (PMESI8.IS)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors,
administrators and assigns of the Parties hereto.
18. AUTHORITY (PMES20.1S)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized
and executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
Signatures pages follow.
Bridge and Roadway Basement - OCPCD to City of Santa Ana 8 Rev. 09 27 22
Approved as to Form
Office of the County Counsel
Orange County, California
By:
Deputy
Date:
Signed and certified that a copy of this agreement
has been delivered to the Chairman of the Board per
G.C. Sec. 25103, Reso 79-1535
Robin Stieler, Clerk of the Board
Orange County Flood Control District
County of Orange, California
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 )
DISTRICT
ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic
By; _
Chairman of the Board of Supervisors
County of Orange, California
ACKNOWLEDGMENT
On , 20 _before me, personally
(lawn name orNotary Public a title)
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 some in 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.
Signature
(Seal)
[fridge and Roadway Easement - OCECD to City of Santa Ana 9 Rev. 09 27 22
A-2022-183-01
Approved as to Form:
By: _ �14 -
_
John Funk
Chief Assistant City Attorney
Date: October 5, 2022
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
documentto which this certificate is attached, and not the
truthfulness, accuracy, or validity of that. document.
State of California )
County of Orange )
GRANTEE
CITY OF SANTA ANA,
a chatter city and municipal corporation duly
organized under the Constitution and laws of the
State of California
Kristine Ridge
City Manager
ACKNOWLEDGMENT
On , 20 before me, _ �, personally
nre,A n..e fNotazy Pub' H.—k`tke
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 in 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.
Signature
(Seal)
Bridge and Roadway Easement - DCFCD to City of Santa Ana 10 Rev. 09 27 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 October 12, 2022 before me, Claudia M. Fernandez -Shaw, 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) whose name&&�
subs abed to the within instrument and acknowledged to me that-4e4@M#" executed (he same in
etw authorized capacity(ies), and that by.bis&e 'their signature(4on the instrument the
person(W, or the entity upon behalf of which the person(4acted, 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.
CLAUDIA M. FERNANDE -SNAW
Notary Public - California
P
hand nd official seal. orange cnuotyCommission 4 2388597
My Comm Expires Jan 25, 1026
EXHIBIT A-1, A-2
Bridge and Roadway Easement - OCFCD to City of Santa An Rev. 09 27 22
Coast Surveying, Inc.
Septanber 6, 2022
EXHIBIT A— r
LEGAL DESCRIPTION
SANTA ANA RIVER CHANNEL
FACILITY NO.: E01
THOSE CERTAIN PORTIONS OF LAND, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, OVER LAND DESCRIBED IN
THE QUITCLAIM DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT,
RECORDED ON AUGUST 18, 1958 IN BOOK 4386, PAGE 151 OF OFFICIAL
REOCRDS IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS
FOLLOWS:
PARCEL NO.: R1455
COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF
WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY
92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36
THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY
TERMINUS OF THE COURSE SHOWN AS "S 89e33'52" E 36.46"' ON SAID
RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH
89033'54" EAST FOR THE PURPOSES OF THIS DESCRIPTION; THENCE
ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING
TWO (2) COURSES:
SOUTH 00020'06" WEST 33.13 FEET;
SOUTH 36019'06" WEST 85.10 FEET TO THE WESTERLY LINE OF THE
100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA
RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL
RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER AND THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH.00e20'06" WEST
16.59 FEET; THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTH
08e58'25" WEST 13.72 FEET TO SAID NORTHWESTERLY RIGHT OF WAY
LINE; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 36019'06" EAST
3.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 18 SQUARE FEET, MORE OR LESS.
JN 114-054 Fairview West REV3 Page 1 of 3
ast
COSurveying, EXHIBIT A,! September S, 2022
PARCEL NO.: R1456
COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF
WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY
92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36
THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY
TERMINUS OF THE COURSE SHOWN AS "S 89033'52" E 36.46'" ON SAID
RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH
89033'54" EAST FOR THE 'PURPOSES OF THIS DESCRIPTION; THENCE
ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING
TWO (2) COURSES:
1. SOUTH 00020'06" WEST 33.13 FEET;
2. SOUTH 36019'06" WEST 85.10 FEET TO THE WESTERLY LINE OF THE
100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA
RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL
RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH 00020'06" WEST
102.86 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING
ALONG WESTERLY EASEMENT LINE SOUTH 00020'06" WEST 7.00 FEET;
THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTH 89045'58"
WEST 11.94 FEET; THENCE NORTH 00014'02" EAST 7.00 FEET; THENCE
SOUTH 89045'58" EAST 11.95 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 84 SQUARE FEET, MORE OR LESS.
PARCEL NO.: R1457
COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF
WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY
92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36
THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY
TERMINUS OF THE COURSE SHOWN AS "S 89033'52" E 36.46"' ON SAID
RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH
89033'54" EAST FOR THE PURPOSES OF THIS DESCRIPTION; THENCE
ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING
TWO (2) COURSES:
1. SOUTH 00020'06" WEST 33.13 FEET;
2. SOUTH 36019'06" WEST 85.10 FEET TO THE WESTERLY LINE OF THE
100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA
RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL
RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER;
JN 114-054 Fairview West REV3 Page 2 of 3
ast sulveying, Inc
EXHIBIT A --I CoSeptember8, 2022
THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH 00020'06" WEST
554.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG WESTERLY EASEMENT LINE SOUTH 00020'06" WEST 33.03 FEET;
THENCE LEAVING SAID WESTERLY EASEMENT LINE SOUTH 32007'41"
WEST 11,75 FEET; THENCE NORTH 57052'19" WEST 20.04 FEET; THENCE
NORTH 36065'08" EAST 39.92 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 601 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 8-1 ATTACHED HERETO
AND MADE A PART HEREOF.
DATED THIS 8TH DAY OF SEPTEMBER, 2022.
L.S. 5108
GWEN-VERA DEL CASTILLO, PLS 5108
JN 114-054 Fairview West REV3 Page 3 of 3
Coast Surveying, Inc.
Septombw 8, 2022
EXHIBIT A - 2-
LEGAL DESCRIPTION
SANTA ANA RIVER CHANNEL
FACILITY NO.: E01
PARCEL NO.: R1458
THOSE CERTAIN PORTIONS OF LAND, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, OVER LAND DESCRIBED IN
THE QUITCLAIM DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT,
RECORDED ON AUGUST 18, 1958 IN BOOK 4386, PAGE 151 OF OFFICIAL
REOCRDS IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS
FOLLOWS:
COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF
WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY
92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36
THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY
TERMINUS OF THE COURSE SHOWN AS "S 89033'52" E 36A6"' ON SAID
RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH
89033'54" EAST FOR THE PURPOSES OF THIS DESCRIPTION; THENCE
ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING
TWO (2) COURSES:
1. SOUTH 89033'54" EAST 36.46 FEET;
2. NORTH 36054'22" EAST 23.28 FEET TO THE EASTERLY LINE OF THE
100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA
RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL
RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER AND THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY
LINE NORTH 35054'22" EAST 2.83 FEET; THENCE LEAVING SAID
NORTHWESTERLY LINE SOUTH 00014'02" WEST 10.61 FEET; THENCE
SOUTH 03012'48" EAST 47,67 FEET; THENCE SOUTH 89°45'58" EAST 15.34
FEET; THENCE SOUTH 58°12'05" EAST 17.19 FEET; THENCE SOUTH
35055'08" WEST 49.46 FEET; THENCE SOUTH 00"14'02" WEST 50.57 FEET;
THENCE NORTH 35°55'08" EAST 40,70 FEET; THENCE SOUTH 54°04'52"
EAST 13.00 FEET; THENCE SOUTH 35°55'08" WEST 58.80 FEET; THENCE
SOUTH 00014'02" WEST 77,71 FEET; THENCE NORTH 35055'08" EAST 40.70
FEET; THENCE SOUTH 54°04'52" EAST 13.00 FEET; THENCE SOUTH
35055'08" WEST 58.80 FEET; THENCE SOUTH 00°14'02" WEST 77.71 FEET;
JN 114.054 Fairview East REV3 Page 1 of 2
X {9.BIT A — Coast Surveying,L
Sepmmber 8, 202.22
THENCE NORTH 35e55'08" EAST 40.70 FEET; THENCE SOUTH 54004'52"
EAST 13.00 FEET; THENCE SOUTH 35055'08" WEST 58.80 FEET; THENCE
SOUTH 00014'02" WEST 77.71 FEET; THENCE NORTH 35055'08" EAST 40.70
FEET; THENCE SOUTH 54004'52" EAST 13.00 FEET; THENCE SOUTH
35055'08" WEST 58.80 FEET; THENCE SOUTH 00"14'02" WEST 46,09 FEET;
THENCE SOUTH 41036'14" EAST 33.90 FEET; THENCE NORTH 89045'58"
WEST 18.61 FEET; THENCE SOUTH 00014'02" WEST 147.20 FEET TO THE
SOUTHEASTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER PER
SAID RECORD OF SURVEY 92-1000; THENCE ALONG SAID
SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 35007'54" WEST 19,07 FEET
TO THE EASTERLY LINE OF SAID 100 FEET WIDE EASEMENT; THENCE
LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE AND ALONG SAID
EASTERLY EASEMENT LINE NORTH 00020'06" EAST 712.11 FEET TO THE
TRUE POINT OF BEGINNING
CONTAINING 8,531 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 82ATTACHED HERETO
AND MADE A PART HEREOF,
PREPARED BY ME OR UNDER MY DIRECTION.
DATED THIS 8TH DAY OF SEPTEMBER, 2022.
L.S. 5108
GWEN-VERA DEL CASTILLO, PLS 5108
JN 114-054 Fairview East REV 3 Page 2 of 2
EXHIBIT B-19 B-2
Bodge and Roadway Easement - OCFCD to City of Smda Ana Rev. 09 27 22
DETAIL:
N.T.S.
9
~16TH STREET
z
+ A-f-LEFT—e
PCL. ,1455--
po R1
of
�< " � P L. RIVARI
BlASIS OF BEARIN95:- C°
BEARINGS ARE BASED ON��,o
THE BEARING BETWEEN �S
ORANGE COUNTY SURVEYORS
CONTINUOUS GPS STATIONS
"SACY" TO "BLSA" BEING
N62'11'52.0"W PER CCS 83,
ZONE VI, 2007.00 EPOCH T
BEARING
DISTANCE
1
S00'20'06"W
33.13'
2
S36'19'06'W
85.10'
3
SOO'20'06"W
16.59'
4
N08'58'25"W
13.72'
5
N36'19'06"E
3.78'
6
SOO'20'06"W
102.86'
7
SOO'20'06"W
7.00'
8
N89'45'58"W
11.94'
9
N00*14'02"E
7.00'
10
S89'45'58"E
11.95,
11
S00'20'06"W
451,15'
12
S00'20'06"W
33.03'
13
S32'07'41"W
11,75'
14
N57'52'19"W
20.04'
15
N35'55'08"E
39.92'
R145
m
h
O
N
W
50'
J
c�
e-
�.' 2wO
w�!
llRACTMo
fM . M. 52117
rS6%S I�IN_GTON_AVENUE__
SANTA ANA RIVER CHANNEL
i PARCEL NO.: E01—R1455, R1456,
1 R1457
;-:JCOAST SURVEYING, INC.
DETAIL;
N.T.S. 00 i
T.P.O.B. `167H STREET P,
4 La �G. v.
2 2 g SEE DETAL
AT LEFT
1� 6 1 7 2�v/
r v
VARIES 0 1 HOC?
A O '
ocF
ocn
oll
° 1
IIH � / W V
BASIS OF BEA INGS:
BEARINGS ARE BASED ON II
THE BEARING BETWEEN w
ORANGE COUNTY SURVEYORS Q�/
CONTINUOUS GPS STATIONS `'� IS= OTRACT 1789
"SACY" TO "BLSA" BEING ¢ z
N62'11'52.0"W PER CCS 83, f WII� M°" 52 117
ZONE VI, 2007.00 EPOCH cell ,
SEE SHEET 2 FOR BEARING
AND DISTANCE INFORMATION.
4 i ry
SANTA ANA RIVER CHANNEL
PARCEL NO. E01—R1458 c� cv- �•
4-'
1
TRACT 9216
WAIINgTEIN_AVENUE
INC.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
BEARING
DISTANCE
S89'33'54"E
36.46'
N35'54'22"E
23.28'
N35'54'22"E
2.83'
S00'14'02"W
10.61'
S03'12'48"E
47.67'
589'45'58"E
15.34'
S58'12'05"E
17.19'
S35'55'08"W
49.46'
500'14'02"W
50.57'
N35'55'08"E
40.70'
S54'04'52"E
13,00'
S35'55'08"W
58.80'
S00'14'02"W
77.71'
N35'55'08"E
40.70'
S54'04'52"E
13.00'
S35'55'08"W
58.80'
S00'14'02"W
77.71'
N35'55'08"E
403D'
S54'04'52"E
13.00'
S35'55'08"W
58.80'
S00'14'02"W
77.71'
N35'55'08"E
40.70'
S54'04'52"E
13.00'
S35'55'08"W
58.80'
S00'14'02"W
46.09'
S41'36'14"E
33.90'
N89045'58"W
18.61'
S00'14'02"W
147.20'
S35'07'54"W
19.07'
N00'20'06"E
712.11'
INC.
A-2022-183-01
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Easement Deed dated
from the Orange County Flood Control District, a body corporate and politic, 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 by its duly authorized officer.
CeTT.R—W-PaN
By.--:4�r
Kristine Ridge
City Manager
Date: l0.� 2
ATTEST:
J0,, CLERK OF THE COU611L '
CITY OF SANTA ANA
Bridge and Roadway Easement - OCFCD to City of Santa Ana Rev 09 27 22