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HomeMy WebLinkAboutItem 08 - Prentice Park Deed ModificationParks, Recreation, and Community Services www.santa-ana.org/parks Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 20, 2023 TOPIC: Prentice Park Deed Modification AGENDA TITLE Receive and File Update on Prentice Park Deed and Zoo Master Plan RECOMMENDED ACTION Receive and file. DISCUSSION Over the past 71 years, the Santa Ana Zoo at Prentice Park has grown from an open field with several monkey exhibits into a vibrant and thriving organization with conservation and animal well-being at its core. Through fun, adventure, and learning, the Zoo empowers the community to save wildlife and wild spaces. In keeping with modern animal management and husbandry, the animal habitats and practices are constantly being improved. The Zoo employs over 25 full-time employees and 40 part- time employees, and is supported by over 100 volunteers. It is estimated that the Zoo will contribute over $200 million to the local economy between 2019 and 2028 with continued implementation of the Master Plan. The Zoo was founded upon the donation of 12 acres of land from Mr. Joseph Edward Prentice with a desire to develop a Zoo for the community and provide opportunities for the children in Santa Ana. The donation came with a number of conditions and the action recently taken and included as an exhibit with this staff report modifies the deed by striking one condition specific to the number of monkeys at the Zoo. While the Zoo has always endeavored to maintain 50 monkeys for visitors, with the evolution of zoo management and modern animal husbandry practices, this requirement has become less attainable and optimal over time. With support of the Prentice Family, this deed modification provides clarity as we proceed with implementation of the Master Plan, the driver of future development. In 2018, the City Council approved a 20-year Master Plan for Zoo and a number of projects are currently under construction or in planning stages. An area of focus in the plan and the only area remaining relatively unchanged since the founding of the Zoo is the north end area, where the highest concentration of primate habitats exist. Prentice Park Deed Modification Page 2 The Master Plan identifies the Primate Forest Project as a redevelopment opportunity for the north end of the Zoo. The very name —Primate Forest —evokes wondrous images of lush forests with playful monkeys swinging through towering rainforest trees; these very images inspire an entirely new immersive experience. The future dynamic new habitats promise to inspire visitors with a deeper understanding of worldwide conservation efforts and a more comprehensive appreciation for protecting our endangered species. While the Primate Forest is still in early planning stages, some antiquated monkey habitats were removed over the years and additional habitats will be removed with completion of the Amazon's Edge Project, which is currently under construction. This modification provides clarity and assurance as the Zoo moves into the future. Simply put, this will allow staff to focus on the work that matters, operating a great cultural asset for the community, contributing to valuable conservation programs, and building on the 71-year legacy. Staff considers the history of primate conservation a key part of the Zoo's identity and intends to honor that legacy in perpetuity. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Agreement Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager RECORDING REQUESTED AND WHEN RECORDED MAIL TO: City of Santa Ana/Office of the City Attorney 20 Civic Center Plaza, 7th Floor Santa Ana CA 92701 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III �'lll'ii I![I ![III II lIIII IIlIIlf I�lN'�IIII![ 'Ilia![ NO FEE *$ R 0 0 1 4 3 4 3 7 9 Q$ 2023000107575 3:12 pm 05/09/23 63 RW11A Al2 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 THIS SPACE IS FOR RECORDERS USE ONLY Exempt from Filing Fees Per Government Code Sections 6103 and 27381 AGREEMENT TO AMEND DECLARATION OF RESTRICTION (MODIFICATION TO RESTRICTION} (Title of Document) Exempt from Recording Fees Per Government Code Section 27383 Recording Requested By And When Recorded Mail To: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Attention: Clerk of the Council And County of Orange, Real Estate Services 333 West Santa Ana Blvd, 3rd Floor Santa Ana, CA 92701 (Space Above for Recorder's Use) Exempt from Recordation Fee per Gov. Code § 6103 and 27383 AGREEMENT TO AMEND DECLARATION OF RESTRICTION (MODIFICATION TO RESTRICTION) The grant deed, recorded July 21, 1949, and referenced herein, contains a use restriction whereby the original conveyance of property was made to the City of Santa Ana subject to the following conditions: 'T That said premises shall be used for City Park only. 2. That said City Park shall be named 'Prentice Park.' 3. That at all times ample accommodations shall be provided for 50 monkeys. And a minimum of 50 monkeys shall be maintained on said premises at all times." The deed further provides that "at such time that any of the above conditions are not fulfilled, the same shall cause the premises to revert to the grantor, his heirs or assigns, and grantors, his heirs and assigns shall be entitled to immediate possession thereof" (the "Reversionary Interest"). By grant deed, recorded on March 30, 1954, and as shown on page 476 of book 2698, or as instrument No. 23165, of the official records of the County of Orange, State of California, Grantor as described above conveyed the Reversionary Interest to Mr. Jac Crawford. The undersigned represents that he is the sole living heir to Mr. Jac Crawford. Pursuant to California Civil Code sections 885.010, 885.030, and 885.070, the Reversionary Interest is considered a "Power of Termination" of record that has now expired as matter of law. Pursuant to California Civil Code section 885.060(b), expiration of a power of termination operates to terminate the restriction to which the fee simple estate is subject. Accordingly, this document is being recorded solely for the purpose of striking and eliminating that use restriction as shown on the grant deed recorded on July 21, 1949 and recorded in book 1876 and page 280 of the official records of the County of Orange, State of California. Attached hereto as Exhibit "A" is a true, correct and complete copy of said document, with the use restriction stricken. :Fhis- mAd0f0r-.;4tiam 4Qr-i-rreHt shall b iRdexed The effective date of the terms and conditions of this modification document shall be the date of recording. Dated 047-& vY 0---, G- J CRAWFORD, JR. Sale Heir of Grantor CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 Ca ' ornia Courtly of On before me,Q-G. Date n (} Here Insert N-otid a d Titl of the Offic r personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person;f<inrhose narn re subscribed to the within instrument and acknowledged to me that ze he/they executed the same in pis herltheir authorized capacity(ies), and that by(Dherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the perso�kacted, executed the instrument. CARLA ANN FOGLIO W' 3 Notary Public - California San Luis Ob€spa County Commission # 2336667 My Comm. Expires Oct 24, 2024 y Place Notary Seal and/or Stomp Above 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 OPTIONAL Signature of Notary Completing this information can deter alteration of the document or fraudulent reattachment of this farm to an unintended document. Description of Attached Document Title or Type of Document: Pz t] Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer- Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Exhibit A .. GRANT DLFD tl?? FOR A FALUABLZ CONSIDSRkTION, reosi t of which is hereby aoknaww- J, //! lodged, J. M.iPRENTICk, does hereby Grant to CTTV O! SANTL AM, a runioipal corporation of the fifth olame, the real property in the County of Orange, State of California, described as followni That portion of Lot AL of the Stafford and Tustin Tract, as shown on a map recorded in Book 21 at page 618,of Miscellaneous Records of Los Angeles County, California, bounded and desoribed as followst Beginning at the point of intersection of the Eaaterly line or said Lot A with the Southerly line of First Street, and Punning thence South S94 071 30' Sleet along mild Southerly line of first street 36.3_lg feet; thence South 99' 11+ 20' Wert along maid Southerly Tine of First Street 15.92 feat; thanoe South O" 141 50' tarot, parallel with the Eaeteriy, line of Bald Lot k 124-0.75 feat to the Northerly line of ?lair► Street; thnnae North 86 05 ' 3O" t. Easslang &aid Northerly Tina Of !lain st set 379 feet to the Easterly line of m id Lot Al; thence North 00 It' 50 West along gall. Easterly line 12�0.52 teat to the point of beginning. ALSO all lntereat of the grantor in the Southerly half of First Street adjoining said land on the North, and the Northerly half of !lain Street adjoining call land on the South. Sil8,iCUT TO Td$ FOLLOWING'. 1. Taxes for the fiscal year 1949-50, a lien. 2. Covenants, oonditione, restrictions, reservations, rights, rights of way and easements, if any, of record. This conveyance is made speoi<fiaa3,1y upon the following oondi- tions: 1. That said premises shall be used for City Parr only. 2. That said City Park shall be named_"Prentioa Park'. AT BUCH TIM that Any. the above acnditions are not fulfilled, the eame shall cause the premimea. to revert to the grantor, his 3iaLrC-or�aasigns, and grantor , his halre or aaeigns shall be entitled to lamediate oaseeeion thereof. Dated May 20, 1949. Internal Revenue Stamps not required. STATA OF CALIFORNIA j ■a. County of Orange. ) On Juns 20, 1949, before ;'am, the ynctersigned, a, Notary Public In for said County and State, '-,.-:personally appeared J.E.PRENTIOM, known to me to be the person whose name is subscribed to the within lnstrumedt and aoknowledged that .he, *Xkuted the same. 1fIT my hand and official anal. a cry u o n s or es County and State. 49001DED AT EXgUIST ns' 14EL1wNCE 7 %e co,4p ",, JUL 21 ISO as 9;ao A. m ' %w• ivy, C.U&rWJA When recorded, return toi City of Santa Ana,, flity Hail Banta Ana, California