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HomeMy WebLinkAboutItem 07 - OC Streetcar Purchase and Sale Agreement for City EasementPublic Works Agency https://www.santa-ana.org/pw Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 1, 2021 TOPIC: OC Streetcar Purchase and Sale Agreement for City Easement AGENDA TITLE Approve Appropriation Adjustments and Addendum No. 1 to Purchase and Sale Agreement to Increase Compensation by $5,775 for an OC Streetcar Easement Acquisition (Project No. 17-6766) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute Addendum No. 1 to the Purchase and Sale Agreement with Orange County Transportation Authority, A-2018-175, to increase the compensation to the City by $5,775, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an Appropriation Adjustment of $5,775 in the Select Street Construction fund, from the proceeds of the sale listed in above. 3. Approve an Appropriation Adjustment of $200,000 in the Select Street Construction fund, from the fund balance that includes $200,000 of proceeds from sale of an easement approved by Council on July 17, 2018. DISCUSSION On July 17, 2018 the City agreed to sell two easements at the City Hall parking lot to the Orange County Transportation Authority (OCTA), at an appraised value of $200,000, for an OC Streetcar traction power substation (TPSS) (Exhibit 1). Additionally, the City agreed to identify a permanent easement at the Santa Ana Regional Transportation Center (SARTC) for use at no cost to OCTA. The intent of these easements was to bring necessary utilities to and from the TPSSs. The $200,000 proceeds from the sale of the easement were recognized with an appropriation adjustment approved by Council on July 17, 2018. However, the funds were not added to Project 17-6766 for future expenditure and therefore not included in the Council approved carryforward for Fiscal Year 2020-21. Upon approval of the requested appropriation adjustments, funds in the amount of $205,775 will be available for any unforeseen expenditures related to the implementation of the OC Streetcar route in Santa Ana. Amend OC Streetcar Easement Agreement June 1, 2021 Page 2 It has since been determined that Southern California Edison (SCE) requires a separate easement at both locations, Civic Center and SARTC to provide the electrical connection to the TPSSs. While the majority of the requested SCE easement at Civic Center overlaps with the existing OCTA easements, a minor portion falls outside the footprint. OCTA has agreed to amend the original Purchase and Sale Agreement (Exhibit 2) to compensate the City $5,775 for the portion which falls outside the original footprint. The SCE easement at SARTC will be provided at no cost pursuant to the 2017 Amended and Restated Cooperative Agreement for SARTC that establishes the roles and responsibilities for the various rail and bus operations at the train station. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City has agreed to sell an easement at the City Hall parking lot for $5,775, which will be credited to account 05917002-57071 and appropriated for spending in account 05917660-66220 Project No. 17-6766, if City Council approves recommendations #1 and #2. Another $200,000 will be appropriated to 05917660-66220 Project No. 17-6766 from the estimated Select Street Construction estimated fund balance of $12.2 million at June 30, 2021, if City Council approves recommendation #3. The combined appropriation of $205,775 will be set aside for any unforeseen expenditures related to the implementation of the OC Streetcar route in Santa Ana. EXHIBIT(S) 1. A-2018-175 Purchase and Sale Agreement with OCTA 2. Addendum No. 1 to Agreement with OCTA Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager A-2018-175 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENT ®; This document contamu Ntrchase and Sale Agreement Return ORIGINAL information, and pursuant to Civil Code section 1799.21, it shall be kept confidential Executed Copy to COTC in order to protect against unauthorized WUMNCE NOT REQUIRED (M-301T11) disclosure. ®C STREETCAR PROJECT CLERK CF COUNCIL JUL, 3 1 ?Q18 20 Civic Center Plaza Santa Ana. CA 92701 008-067-47 398-221-23, 008-068-09 398-351-04, -05, -07, .08 VyW7rty Address Parcel No(s) APN(s) TBD-Pending FTA Federal Proi ect No. Escrow No. Title Order No, OCS-004-01, -02 OCS-008 OCS-009-01, -02 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT ("PSA") is dated for reference purposes as of the( day of u- 2018 ("Date of PSA"), and is being entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California ("CITY" or "Seller"), and the ORANGE COUNTY TRANSPORTATION AUTHORITY, a Public Entity, ("AUTHORITY" or "Buyer"), for the acquisition by Buyer of certain real property interests described below. Each will be individually known as "Party" and collectively known as the "Parties". RECITALS WHEREAS, the OC Streetcar Project ("Project") is a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove; WHEREAS, the CITY and AUTHORITY entered into COOPERATIVE AGREEMENT No. C-5-3583 ("Agreement") on August 1, 2015 for support of the design phase the Project; WHEREAS, the CITY owns the real property located at the City Hall Parking Structure, Sasscer Park, and the Santa Ana Regional Transportation Center (SARTC), known as APNs 008-067-47; 398-221-23, 008-068-09; and 398-351-04, -05, - 07, -08, in the County of Orange (collectively, the "CITY Property"); WHEREAS, the CITY agrees to sell to the AUTHORITY the CITY property, at the appraised value, necessary for the AUTHORITY to construct, operate, and maintain a traction power substation and related equipment necessary for the Project at the following location described in Amendment No. 2 to the Agreement: (2) easements- City Hall Parking Structure (Traction Power Substation and Public Utility Easement) (Appraise/Sell) WHEREAS, the CITY agrees to grant to the AUTHORITY an easement to use CITY property for streetcar purposes, including the right to construct, operate, and maintain traction power substations and related equipment necessary for the Project at the following two (2) Iocations described in Amendment No. 2 to the Agreement: (1) easement- Santa Ana Regional Transportation Center (Platform and Traction Power Substation and Guideway) (Grant) (1) easement- Abandoned 4th Street adjacent to Sasscer Park (Easement for construction, maintenance, and operation) (Grant) NOW, THEREFORE, the CITY agrees to sell and grant interests in the CITY Property to the AUTHORITY and the AUTHORITY agrees to purchase interests in the CITY Property from the CITY upon the terms and for the consideration set forth in this PSA and through the instruments attached as follows: 1 N20.11-:1kIIPa ORI-.NGE COUNTY TRANSPORTATION AUTHORITY Purchase and. Sale Agreement CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. Document No. OCS-004-01 also known as APN 008-067-47 in the form of a Public Utility Easement deed attached hereto as Exhibit "1" covering a portion of the City Hall Parking Structure as described and depicted in Exhibits "A" and "B" attached to said Public Utility Easement; and Document No. OCS-004-02 also known as APN 008-067-47 in the form of a Traction Power Substation Easement deed attached hereto as Exhibit "2" covering a portion of the City Hall Parking Structure as described and depicted in Exhibits "A" and "B" attached to said Traction Power Substation Easement deed (collectively the "City Hall Parking Structure"). Document No. OCS-008 also known as APN 398-221-23, 008-068-09 in the form of an Easement Deed attached hereto as Exhibit "3" covering a portion of Sasscer Park ("Sasscer Park") as described and depicted in Exhibits "A" and "B" attached to said Easement .Deed. Document No. OCS-009-01 and OCS-009-02 also known as APN 398-351-04, 398-351-05, 398-351-07, and 398-351-08 in the form of a Platform and Traction Power Substation Easement deed attached hereto as Exhibit "4" covering a portion of the Santa Ana Regional Transportation Center ("SARTC") as described and depicted in Exhibits "A" and "B" attached to said Platform and Traction Power Substation Easement deed. It is agreed that AUTHORITY shall conduct an internal escrow. This PSA constitutes the joint escrow instructions of AUTHORITY and CITY. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow. (A) AUTHORITY shall pay the CITY the sum of Two Hundred Thousand Dollars and No Cents ($200,000.00), the appraised value, for the property at the City Hall Parking Structure when title to said Property interests vests in AUTHORITY free and clear of all liens, deeds of trusts, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes. The CITY will grant at no cost the property interests at Sasscer Park and SARTC. (B) AUTHORITY will pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by AUTHORITY, the premium charged therefore. Due to AUTHORITY's status as a public entity, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code Section 11922). (C) It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by OCTA, including the right to remove and dispose of improvements, shall commence on the close of escrow controlling this transaction, and that the amount shown in Clause 2 (A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. (D) CITY agrees that the payment described in Clause 2 (A) above shall constitute full and fair compensation for any and all claims that CITY, and its successors and assigns, may have against AUTHORITY for the acquisition of the Property interests. (E) The property rights shall transfer upon the close of escrow. (F) Should the property be materially destroyed by fire, earthquake, or other calamity without the fault of either party, this contract may be rescinded by AUTHORITY; in such an event, AUTHORITY may reappraise the property and make an offer thereon. (G) In the event AUTHORITY determines that acquisition of the Property interests is no longer feasible for the Project, AUTHORITY may revoke this offer at any time. ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclose o. 3. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages, which have accrued or may accrue to CITY's remaining property by reason of its severance from the property conveyed herein and/or the construction and use of the proposed Project, including, but not limited to, any expense which CITY may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction. 4. Any notice either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92701 Attn: Clerk of the Council To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attn: Real Property Department It is understood and agreed by and between the parties hereto that this PSA inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and/or assignees. Neither this PSA, nor any of the .Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior consent of the other Party. 6. CITY represents and warrants that, to the best of the CITY'S knowledge, during the period of CITY's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. CITY further represents and warrants that CITY has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to CITY taking title to the Property, other than that described in the Environmental Report. If contamination is found, this offer will be subject to amendment. The acquisition price of the Property interests being acquired in this transaction reflects the full and complete settlement of the Property interests without the presence of contamination. If the Property interests being acquired are found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, AUTHORITY may elect to recover the clean-up costs from those who caused or contributed to the contamination including, but not limited to, CITY. This PSA constitutes the entire agreement between the parties hereto with respect to the subject matter of this PSA and may not be modified except by an instrument in writing signed by the party to be bound thereby. If any term or provision of this PSA shall be held to be invalid or unenforceable, the remainder of the PSA shall remain in full force and effect. 10. Each individual executing this PSA on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this PSA and that said entity will thereby be obligated to perform the terms of this PSA. ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Purchase and Sale Agreement infonnation, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 11. This PSA may be executed in counterparts, including by facsimile and/or electronic transmission (i.e., email), each of which so executed counterpart shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 12. This Agreement is subject to approval by AUTHORITY's governing Board of Directors and CITY's City Council. SIGNATURE PAGE FOLLOWS ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personas Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disolosure. In Witness Whereof, the parties have executed this Purchase and Sale Agreement on the day and year set forth below CITY OF SANTA ANA Raul Godirl z,11 City Manager Date: 43 - 2 `1 9 Approved as to Eorrna By: ''.%4-F ` T o is R. Carvalho City Attorney ate: By: ! A,-. Fuad S. Sweiss, PE, P Executive Director Pub WjQrs A��}�cy Date: / ��SS ORANGE ATTEST- 11-M �J MARIA Q. HUIZAR CLERK OF THE COUNCIL TION AUTHORITY Beil f DA7 Director, Capital Programs Approved its to 57 mineral Counsel Orange County Transportation Authority Return ORIGINAL Executed Copy to COTC [IN-301TI I i ORANGE, COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN 008-067-47 CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in. order to protect against unauthorized disclosure. Document No. OCS-004-011 Public Utility Easement (Exhibit "1") (SEE THE FOLLOWING PAGES) NO FEE DOCUMENT Excff'121 er Government Code 'b103 & §27383 RECORDING .REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUT110RiTY SSU South Main Street P.O. Box 14184 Recorded in Official Records, ©range County Hugh Nguyen, Clerk -Recorder !ll l'�I II Ills I IIII IIII II I'�III II NO FEE *$ R 0 0 1 0 3 9 5 b 2 5$ 2018000364980 2:04 pm 10105118 7 413 E01 7 0.00 0.00 0.00 0.00 18.00 0.00 0.000.000,00 0.00 The Above Space For Recorder's Use On Project Name, OC Streetcar project Address: Santa Ana, Califomia APN: 398-221-23, 008-068-09 Project Parcel No.: OCS-008 THIS TRANSACTION IS EXEMPTFROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF TIME CALIFORNIA REVENUE AND TAXATION CODE. EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive permanent easement (PE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, track, track slab; platforms, including, but not limited to subsurface foundations and footings; ticket vending machines; utilities; overhead catenary systems; and communication systems, along; with their appurtenant fixtures and equipment, as required, in, over, under, across and within that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof, Rights and Limitations of Use and Occupancy of PE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this PE a minimum of thirty (30)-days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around. the PE area, • Reasonable pedestrian access to adjacent properties shall be maintained at all times • Access to the PE area shall be from public right of way. • The following improvements within the PE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed as identified on the project plans shall be included in the compensation paid by OCTA for this PE, including but not limited to: o Brick/concrete pavers o Concrete sidewalk/banding, as required o Trees, as required o Landscaping and raised concrete planter boxes as required o Fire Hydrant o Water Main o Site Drainage System 1201539A The following improvements within the PE area will be protected in place; o None The following improvements within the PE area will be constructed and/or replaced by OCTA: o Linear concrete pavers o Decorative concrete banding o Landscaping and trees o Fire Hydrant o Water Main o Site Drainage System Surface drainage patternswill be maintained during construction and restored to pre- existing conditions. Prior to the tennination of the Construction Period, OCTA will remove from the PE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. There shall not be constructed any improvement in, on, over, under, across or within the PE that would impede the rights as defined herein. OCTA expressly reserves the right to convey, transfer, or assign the PE subject to the same rights and limitations described herein. Dated this 0-& day of /4"USf' 2018. ATTF-S m � MA IA D. HU I Z V GLERK OF THE COUNCIL_ City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California y_... Raul Godinez, II --- l City Manager�2f1� Approved as to Force: By Ifs• Soya R. Carvalho City Attorney Approve ems• tForm; m By Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency 1201539A 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 COUNTY OF ORANGE ) On k_ r l 2018, before me,_�` '�-i��Q. ,Notary Public, personaify appeared, V . c e)► .ul- who proved to me on the basis of satisfactory evidence to be the persono whose name is subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hislher/-ftir authorized capacity, and that by his/herltheir-signature on the instrument the person, or the entity upon behalf of which the person 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 a ,C JP11Y (seal) RC75A A. i=LORE5 Notary Public - CaiiFnrnia z '. Is.`s:: Orange. CPunty r Commission 9 2228a50 My Comm. Expires Feh 7, 2022 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California, to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No, 2010-010 adopted on March S, 2010, and the Grantee consents to recordation thereof by its duly authorizedjficer. , Dated: 9 /Irl� //6 By: KG. BeiI utive Director, Capital Programs 1201539.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 P S ®M A S EXHIBIT `A' LEGAL DrSCRIPTION PI+IRMANENT EASEMENT In the City of Santa Ana, County of Orange, State of California, being that portion of 4t1i Street abandoned per Resolution No, 69-27, recorded on February 19, 1969 in Book 8878, Page 863 of Official Records of said County, together with that portion of the 4th Street abandoned per Resolution No. 80-160, recorded on October 20, 1983 in Book 13796, Page 1800 of Official Records of said County, described as follows: Beginning at the northeasterly corner of Lot 1, Block '1', of the Jacob Ross Addition to Santa Ana, recorded in Book 5, Page 582 of Miscellaneous Records of Los Angeles County, California; thence along the northerly line of said Lot 1 North 82°45'22" West 15.00 feet to the westerly line of North Ross Street, (80 feet wide) as shown on said Jacob Ross Addition to Santa Ana and the True Point of Beginning; thence North 89°23'44" West 82.53 feet; thence North 00°36'16" East 13.44 feet; thence North 89°23'44" West 192.87 feet; thence South 01 °07'03" West 12.34 feet to the southerly line of said 4' Street; thence along said southerly line North 89°23'44" West 10.03 feet to the beginning of a non -tangent curve concave northerly having a radius of 569.44 feet, a radial line to said curve bears South 01°41'49" West; thence westerly 55.13 feet along said curve through a central angle of 05132'49"; thence North 82°45'22" West 19.28 feet to a curve concave northerly having a radius of 569.44 feet; thence westerly 23.04 feet along said curve through a central angle of 02°19'07"; thence North 80'26'15" West 57.94 feet to the curved southeasterly line of Santa Ana Boulevard, (108 feet wide) per Resolution No. 68-186 recorded in Book 8819, Page 934 of Official Records of said County, said curved southeasterly line being concave northwesterly having a radius of 854.00 feet, a radial line to said curve bears South 15°25'08" East; thence northeasterly 69.58 feet along said curve through a central angle of 04°40'05"; thence South 89°23'44" East 38.78 fleet; thence South 07' 14'38" West 12.24 feet to the beginning of a non -tangent curve concave northerly having a radius of 545.00 feet, a radial line to said curve bears M:12fTNT0104001,[ORVEY1LEGALSITPSS_31DtscriptionlV-LG-PE-DESC-APN 398-221-23 and 008.068-09_RF-V 1,doex Page 1 of YK018 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 South 07°06'05" West; thence easterly 61.80 feet along said curve through a central angle of 06°29'48"; thence South 89°23'44" East 53.68 feet; thence North 00°36'16" East 14.77 feet; thence North 65°52'29" East 6.45 feet; thence South 33'09'11" East 4.57 feet to a curve concave northeasterly having a radius of 14.35 feet; thence southeasterly 14.02 feet along said curve though a central angle of 55°57'58"; thence South 89°23'44" East 118.22 feet; thence South 00°36'16" West 7.30 feet;. thence South 89°23'44" East 14.75 feet to a curve concave northerly having; a radius of 80.00 feet; thence easterly 33.07 feet along said curve through a central angle of 23°41'09"; thence North 66°55'08" East 38.42 feet to the westerly line of said Ross Street; thence along said westerly line South 00°03'18" West 47.61 feet to the True Point of Beginning;. Containing 9,924 sq. ft. A11 as shown on Exhibit "B" attached hereto and made a ,part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal. description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by >ne or under my direction. e, -17— Peter J. Fitzpatrick,LS 6777 Date a f'ITZf'A'Ct�1�3C 1ST No. 6777 yQ M.12HNT0104001SCJRVIs" YILF.CrALSITPSS_31Descriptiocl\V-LCi-PE-DL;SC-APN 398-221-23 and 008.068-09_ ,REV l.doex Page 2 of 2 3/9/2018 LINE DATA: RPAPTNr DISTANCF L1 N89°23'44"W 82.53' L2 N00°39'16"E 13.44' L3 N89°23'44"W 192.87` L4 12.34' T5 _S01e07'03"W N89°23'44"W 10.03' L6 NB2°45'22"W 19.28' L7 N80026'15"W 57.94` L8 S89°23'44"E 38.76' L9 S07°14'38"W 12.24' L10 S89°23'44"E 53.68' L11 N00°36'16"E 14.77' L12 N65°52'29"E 6.45' L13 S33009'11"E 4.57' L14 S89°23'44"E 118.22' L15 S00°36'16"W 7.30' L16 589023'44"E 14.75' L17 N66°55'08"E 35.42' L18 S00°03'16"W 47.61' L19 N82°45'22"W 15.00' EXHIBIT "Bv' CURVE DATA: RADIUS DELTA LENGTH Cl 569.44 05°32'49" 55.13' C2 569.44' 02°19'07" 23.04' C3 854.00' 04°40'05" 69.58' C4 545.00' 06°29148" 61.80' C5 14.35' 55n57'58" 14.02' IC61 80.00' 23°41'09" 33.07' RADIAL DATA: R1 S01°41'49"W R2 S15'25'08"E R3 S07°06'05"W R4 S20e05'13"E R5 S00° 52' 51 "W / 4TH STREET ABANDONED PER RESOLUTION N . 69-27 BK, 8878, PG 863 O.R. & PER RESOLUTION NO, 80-161 _ BK. 13796, PG 1800 O.R. P 98-221 -23 R.4 L B% 9 02 L6 .rr C1 mil' ii I\ ro" CO nln Flo fax J, I N: 98-221-24 7 4 J\kF-L L & couiNTY L 0CK *1211" L_ 3RD STREET /rrr 4 -'�L1. I � R1 L5 r VAN NESS8TREET DETAIL 'A" (ABANDONED) N. T. 5 .� ` W 5TH STREET • N 00 I W ouj cn I s P � K 0" r' S, 654-5 5 1 1L11 L12L13 L16L17 • C5 R5 L14 L15 C6 W 4TH STREET _ J �, -- L 3 - _ P O R ' Y � ! L5�L4 w' LU F- OW Z co 0 W Z Z CO m zl¢ 30, 30, 0' 50' 100' 200' 300' SCALE i" = 100' DESCRIPTION: PERMANENT EASEMENT APN 398-221-23 & 008-068-09 CITY OF SANTA ANA DE_TAI_L_W ti SEEHEREON p� j8_9 APIV_W3�B-221-26 rl 0 LEGEND: 13 - PERMANENT EASEMENT I I 40' P S® M A S 3 Hutton Cantre Dr, Snitn 200 S.nlo Ana, Collfornlo 92707 7141751-7373 SHEET 1 OF 1 SCALE 1"=100' DRAFTED FD/NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 Mi • HN I N I O900N Sfll7VA7\l FGAI N\I Y55 }1F xh Tn It A_2018-175 NO FEE DOCUMENT T�xem t per. Government Code '6103 & '27383 RECORDING REQUESTED BY AND WIMN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Recorded in Official Records, Orange County Hugh Nguyen, clerk -Recorder I 111I I IICI 11111 I li III IIIi Ili IIII III II No FEE *$ R 0 0 0 3 9 5 6 2 3$ 2018000364978 2:04 pm 10105/18 7 413 E01 7 0.00 0.00 0.00 0.00 18.00 0.00 0,000,000.00 0.00 The Above Space For Recorder's Use Project Name: OC Streetcar Project Address: Santa Ana, California APN: 008-06747 Project Parcel No.: OCS-004-01 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive public utility easement ("PUE") for the purpose of constructing, maintaining, repairing, relocating, and adjusting, as applicable, underground utility and communication facilities and their appurtenant fixtures and equipment, as required, in and under that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit `{A" ..and depicted on Exhibit "B",both of which are attached hereto and made a part hereof. During the Construction Period, OCTA's use and occupancy of the PUE will be exclusive, subject to the rights and limitations set forth below. OCTA's use and occupancy of the PUE prior to and after the Construction Period will be non-exclusive. Rights and Limitations of Use and Occupancy of PUE. OCTA shall provide the owner(s) and occupant(s) of the property subject to this PUE a minimum, of thirty (30)-days written notice as to when the Construction Period will commence, , • During the Construction Period, OCTA may place a temporary fence around the PUE area. • Reasonable pedestrian access to the property shall be maintained at all times • Access to the PUE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the PUE area, will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this PUE. o Approximately 5,600 SF of pavement o 33 parking stalls (temporarily) • The following improvements within the PUE area will be protected in place; o None 120I539.1 • The following improvements within the PUE area will be constructed and/or replaced in kind. by OCTA: o Pavement o Striping of affected parking stalls o Affected landscaping and irrigation • Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. • Prior to the termination of the Construction Period, OCTA will remove from the PUE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The PUB area will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. • There shall not be constructed any improvement in, on, over, under, across or within the .eUL that would 1111peco Lie rights as auhnmi herein. Once the uulztius are in place, the surface of the PUB may be used for access or automobile parking purposes, OCTA expressly resarves the right to convey, tr=fer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of LtS f 2018. ATTEST' yVIAR1A D. HUiiAR CLERK OF THE COUNCIL 1201539.1 City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California $yam w7 Raul Godine�,,, II City Manager's Approved as to Form: By Ill, Sbfia R. Carvalho City Attorney Appravecl as l?arxn: By Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency 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 valiMy of that document. STATE OF CALIFORNIA j COUNTY OF ORANGE ) On � ,y1�1,.��" �,i , 2018, before me, R0 � k . F Notary Public, personally appeared,D who proved to me on the basis of satisfactory evidence to be the person(r)'whose name is subscribed to the within instrument and arlcnowiedged to me that he/shhefthey executed the same in hisfheb4heir authorized capacity, and that by his/lmirfthtir signature on the instrument the person., or the entity upon behalf of which the person 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) , RQSAA,FI.ORl:S NotaryPublic- California z WOrangzCaunty Commission 9 2228450 My Comm. Upires Feb 7, 2022 Signature 1-� a - 4 1201539.E CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8 2010, and the Grantee consents to recordation thereof by its duly authorized off'!Zcer. D ed • at 1? By; 4r es G. Bell tive Director, Capital Programs 1201539.1 PS OMAS 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1, 2 and 6 through 10, Block `D,' of the Ross Addition to Santa. Ana, recorded in. 7 Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, 8 together with those portions of Van Ness Street and Parton Street vacated per Resolution 9 69-27 of the City Council of the City of Santa. Ana adopted February 17, 1969, a certified 10 copy of said resolution being recorded in Boob 8878, Page 863 of Official Records of I 1 said Orange County, described as follows: !2 13 Beginning at the intersection of the northwesterly line of Santa Ana Boulevard (54-Foot 14 northerly half -width) as described in the Easement Deed to the City of Santa Ana, 15 recorded in Boole 8821, Page 290 of Official Records of said county, with the westerly 16 line of said Lot 6, said northwesterly litre being a curve concave northwesterly having a 17 radius of746.00 feet, aradial line to said curare bears South 09°25'05" East; thence _.._.____.1 g - southwesterly along said curve and said northwesterly line, 21.13 feet through a central 19 angle of 01 037121'; thence North 12115' 18" West 22.08 feet; thence 20 North 67048'31" East 286.30 feet; thence North 57°59'03" East 3.09 feet; thence 21 North 55°34'50" East 12.16 feet; thence North 55°37'54" East 17.92 feet; thence 22 North 54050'37" East 2.80 feet; thence South 89°24'45" East 30.75 feet to the beginning 23 of a non -tangent curve concave northwesterly, having a radius of 725.00 feet, a radial line 24 to said beginning bears South 35°36' 16" East; thence southwesterly along said curve 25 86.42 feet through a central angle of 06049'48"; thence North 29o26'32" West 5.44 feet; 26 thence South 67°48'31" West 223.83 fect; thence South 12°29' 18" East 17,33 feet to the 27 northwesterly line of said Santa Anna Boulevard, said point also being the beginning of a 28 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 29 said beginning bears South 11'02'12" East; thence southwesterly along said curve and 30 M:UHNT0104001SURVEY\LEGALSITPSS_3Mescription\V-LG-PE-DESC-APN 008.067-47_Be1aw,_REV 3.docx Page i of2 319/2018 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 P S O M,AS said northwesterly line 21.07 feet through a central angle of 01°37'06" to the Faint of Beginning. Containing 5,524 sq. ft. All as shown on Exhibit "B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California. State Plane Coordinate System of 1983 (CCS83), Zone VT, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. I.Aly4 4 p PETER J. cat FITZPATRICK i� G] s� No. 5777 Peter J. Fitzpatrick, PLS 6777 Date M:\2HNT0104001SURVEMEGALSVPPSS_3\Descripticin\V-LO-PE-DESC-APN 008-067-47_Selow_REV 3.docx Page 2 of 319120.1.8 EXHIBIT '1 B 11 LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904, C.R. RESOLUTION 69--27 ORDERING VACATION OF STREETS AND �-•• 1 RESERVING EASEMENTS FOR PUBLIC UTILITIES BK 8878, PG 863, O.R. __ . — ..— .�._._.._..f w �.I,_....__- i iAPN 008-057-�q7 � � I W f©, I I ;; �L1C J I I z rc a I I L. A, j i R088111���-��ryry0K J gTO � }P�I`�;..-' E TA 7'i 11 i��'1✓rJ.��J� J � rJJC .� i i'G� � ��-'i %?• �i� 60' NA r GDRDSy LA 001 J\J �'Y 60' I LOT a 1Lrr 4 i f I LOT 3 I LOT 2 I L 07 I �p L5 1 L6 GRANT OF EASEMENT FOR ELECTRICALI iI I I I L3 �' AND COMMUNICATION SYSTEMS it L2 PER BK- 10338, PG. 7031 O.R. 41 � REC. /22/1 �o r I 3Q I I I I f o' I , aj w f LOT b LOT 7' Ltl"f i� o ,� r I � � I I L 7 10 \, "S 3 e 3 R` tC E- j R )� w=: I I '' f I 23•�� f���/ IV-421"ems C30-0 Ln I I / 1 jr� � LOT 11 r n I re o AS I �/ � 1zmmo aOWcaw La IL1 144 _ C,1 C3 511°02_'_12r,E (R1 / N �! �q EASEMENT DEED FOR STREET r� -5-01L-47'44"E--J R-) / : " AND HIGHWAY PURPOSES F'.0.B \S09a25 05 E (R) PER BK 8821t PG 290, Q.R. v REC. 12/19/1968 LO Ln v z 0 CL 30 � CURVE DATA« 30' LEGEND: PERMANENT EASEMENT r r I LINE DATA: RADIUS ANGLE LENGTH C1 746.00' 01437'21" 21.13' C2 725.00' 06n49'48" 86.42' C3 746.00' 01'37'06" 21.07' C4 746.00' 03e14'27" 42.20' 0' 30' 60' 120' 180, SCALE T' = 60' DESCRJPTIONs PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA BEARING DISTANCE L1 N12°15'18"W 22.08' L2 N57059'03"E 3.09, L3 N55'34'50"E 12.16' L4 N55°37'54"E 17.92' L5 N54"50'37"E 2.80' LG 589'24'45"E 30.75' LT N29°26'32"W 5.44' LS S12°29'18"E 17.33' P S 0 M A S 3 Fulton Cenlre 9r, 9nilo 200 Sonlo Anv. ConPorrh 92707 7141751-7373 _SHEET 1OF 1 SCALE 1 801 DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 FSIF p4TH ORANGE COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (008-067-47) CONlr1 DENTUL This document contains persona[ information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. Document No. OCS-004-011 Public Utility Easement (Exhibit "1") (SEE THE FOLLOWING PAGES) ORANGE COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (008-067-47) CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. Document No. OCS-004-021 Traction Power Substation Easement (Exhibit 11211) (SEE THE FOLLOWING PAGES) A-2018-175 NO TEE DOCUMENT ExeMDt per Government Code §6103 & 427383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Recorded in Official Records, Orange County Hugh Nguyen, ClelIrk-Recorder II I �III���IIIII���IIIIiIIl1fIIl�Ilil �I�II NO FEE *$ R 0 0 1 Q 3 9 5 6 2 4$ Capital Programs204 $00036A979 2:04 m "� 414;118 ORANGE COUNT' TRANSPORTATION 7 413 E01 7 AUTHORITY 0.00 0,00 O3 00 0.0018,00 000 0.000=0.00 040 550 South Main Street P.O. Box 14184 Orange, CA 92963-1584 The Alcove Space For Recorder's Use Only_ — Project Name: OC Streetcar Project Address: Santa Ana, California APN: 008-067-47 Ely cx)py Project Parcel No.: OCS-004-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT` TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive traction power substation. easement (TPSSE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, above ground and underground facilities, and their appurtenant fixtures and equipment, including but not limited to utility and communication facilities, as required, in, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of TPSSFI: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this TPSSE a minimum of tltitly (30)-days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the TPSSE area. • The emergency driveway/gated area in the NE area will not be accessible during the Construction Period • Access to the TPSSE area shall be [Tom public right of way. • Driveway access will be maintained at all times, • The following improvements within the TPSSE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this TPSSE. a Pavement within limits of TPSSE o 6 parking stalls (permanently) • The following improvements within the TPSSE area will be proteoted in place: o Adjacent retaining wall a Adjacent fencing 1201539.1 The following improvements within or adjacent to the TPSSE area will be constructed and/or replaced in kind by OCTA- 0 8-foot tall fencing similar to adjacent fencing o Pavement around TPSS unit and electrical equipment a Raised parking lot island with concrete curb o Landscape and irrigation Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. Prior to the termination of the Construction Period, OCTA will remove from the TPSSE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The area around the TPSSE and unit will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. The TPSS unit and electrical equipment will be enclosed by a fence/gate and will be locked. There shall not be constructed any improvement in, on, over, under, across or within the TPSSE that would impede the rights as defined herein. Once the TPSS unit is in place, a portion of the surface of the TPSSE may be used for access including fire access. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein, Dated this day of 2018. ATTESM MA A D, NU17AFi CLERK of Ti-i�- C UNCIL City of Santa Ana., a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California u r' By 7 Raul Godinez II City Manager+�� Approved as to Form: By r S a R. Carvalho 1Ci y Attorney Approved as onn: By Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency 1201539.1 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 COUNTY OF ORANGE On NNAlh ) l , 2018, before me, f . � L , Notary Public, personally"' appeared,- C: . r . who proved to me on the basis of satisfactory evidence to be the personWwhose name is subscribed to the within instrument and acknowledged to me that he/,she/they executed the same in his/her/th6r- authorized capacity, and that by his/her -/-their signature on the instrument the person, or the entity upon behalf of which the person 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) ... ROSA A. FLORE5 hkKary Pubd(: - California z C)rsing¢}Country > x' ✓' Commission u 2228450 my Comm, Expires Feb 7, 2Q22 Signature Qq)-� UA � 1201539.1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized off e9r. ° Dated; 1) By: _ Jam -- 1� tive.Director, Capital Programs 120I539.1 PS OMAS r EXHI BIT `A' 2 LEGAL DESCR1PTiON 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1 and 10, Block `D,' of the Ross Addition to Santa Ana, recorded in Boole 3, Pages 7 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with 8 those portions of Van Ness Street vacated per Resolution 69-27 of the City Council of the 9 City of Santa Ana adopted February 17, 1969, a certified copy of said resolution being 10 recorded in Book 8878, Page 863 of Official Records of said Orange County, described I as follows; 12 13 Commencing at the intersection of the northwesterly line of Santa Ana Boulevard 14 (54-foot northerly half -width) as described in the Easement Deed to the City of Santa 15 Ana, recorded in Book 8821, Page 290 of Official Records of said county, with the 16 westerly line of Lot 6 of Block `D' of said Ross Addition to Santa Ana, said 17 northwesterly line being a curve concave northwesterly having a radius of 746.00 feet, a 18 radial line to said curve bears South 09°25'05" East; thence northeasterly along said 19 curve and the northwesterly line of said Santa Ana Boulevard, 252.27 feet through a 20 central angle of 19°22'30" to the True Point of Beginning; thence 21 North 29026'32" West 21.00 feet to the beginning of a non -tangent curve concave 22 northwesterly having a radius of 725.00 feet, a radial line to said curve bears 23 South 28°46'28" East; thence northeasterly 86.42 feet along said curve through a central 24 angle of 06°49'48"; thence South 89°24'45" East 1.34 feet to the westerly line of the land 25 described in the Grant Deed to the State of California recorded on September 26, 2007 as 26 Document Number 2007000582904 of Official Records of said. county; thence along said 27 westerly line South 00°01'32" West 2.84 feet; thence South 51°55'16" West 0.83 feet; 28 thence South 00° 17'58" East 21.73 feet to said northwesterly line and the beginning of a 29 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 30 said curve bears South 34°31'58" East; thence southwesterly 74.73 feet along said curve M:VHN'FO104001SURVEYILEGAI,S%'f1'SS_3U7cscrfptiori%V-LG-PE-DESC-A.PN 008-067-47 -Above Grade —REV 2.docx Page 1 of 2 03/09/2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PS OMAS and said northwesterly line through a central angle of 051144'2311 feet to the Trite Point of Beginning. Containing 1,702 sq. ft. All as shown on Exhibit "B" attached hereto and made a part thereof This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Dat-.nn of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. i V�� ''�' Peter J. Fitzpatrick, PLS 6777 PETER J. FITzPATRICK 4\ /* JYj No. 6777 Q� CA�-li Date M:12HN'€'0104001SURVF,,YIt.,EC.rA€,SITPSS_31Descril)tionlV-€.G-PC-DESC-APN 008-067-47 -Above Grade_. R1iV 2.docx Page 2 of2 03/09/2018 OMER _36'16"E (R) L2 DETAIL "A" >-L31 N. T. S. i i �L4 EXHIBIT "B " LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904, O.R. - RESOLUTION 69-27 ORDERING VACATIDN OF STREETS AND �— RESERVING EASEMENTS FOR PUBLIC UTILITIES (/a BK 8878. PG B63, O.R. r----i --i-- —rIA N 008-067-47---T— W w Y IL IK I z I I I � LX, J i l z z i z I l L A a'f_1J1{ 1 FAD—P fi it I z cn �z r�r COr Jr J I8X 3, posa 3.4 %? 535 I 60 ww I 60' i LOT E I LOT 4 i 1 i LOT a I LOT 2 LOT I Li GRANT OF EASEMENT FCR ELECTRICALI AND COMMUNICATION SYSTEMS 1 PER BK- 10338, PG, 703, O.R. �I I I i iGN L5 REC. 9/22/11 72 30 I 30'11 I _ - -,--I - - - - -I- twn v l LOT 6 i LOT �� LO-f 2 �� i �1 0 1, h, nrL .� I! T.P.o.S. wDLn�� i I I I LO r �� �0. �i z < mmcno a0l..1cDw i EASEMENT DEED FOR STREET AND HIGHWAY PJRPOSES / P.U.C.\SO9°25'05"E (IR) PER BK 8821, PG 290, O.R. REC. 12/19/1968 to ' __--_---- f--' LEGEND: u-1 30' CURVE DATA: a Z 30' RADIUS DELTA LENGTH C1 725.00' 06'49'48" 86.42' C2 746.00' 05'44'23" 74,73' PERMANENT EASEMENT P•O,C•- POINT OF CCMMENCEMENT T.P.O.B. - TRUE PCINT OF BEGINNING LINE DATA: BEARING DISTANCE N29°26'32N 21.00' S89°24'45"E 1.34' E SOD°01'32"W 2.84' S51°55'16"W 0.B3' S03n17'58"E 21.73' 0' 30' 60' 120' 180' SCALE 1" = 60' DESCRIPT1W PERMANENT EASEMENT FOR APN 008-067-47 CITY OF SANTA ANA P S 0 M A Si 3 Hutton Centre Dr, Sulte 200 SA. Ano Coil.,— 92707 714/731-73n SHEET 1 OF 1 SCALE 1"-60' DRAFTED FD/NG CHECKED JLE DATE 03/09/2018 JOB :DUMBER 2HNTOk0400 ORANGE COUNTY TRANSPORTATION AUTHORITY Purchase and Sale Agreement ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (398-221-23, 008-068-09) CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. Document No. OCS-008 / Easement Deed (Exhibit "J") (SEE THE FOLLOWING PAGES) A-2018-176 NO PEE DOCUMENT I xemnt ner Government Code 56103 & &27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: �corded in official Records, orange CounlY �Igh Nguyen, MY�%IWIIRm',!YIM No FEE�,WW5 Capital Programs 2018000364980 2:04 pm 10105118 ORANGE COUNTY TRANSPORTATION AUTHORITY 7 413 E01 7 0.00 0.0o 0.0018.00 0.00 0.000.000.00 0.00 550 South Main Street 0.o0 P.O. Box 14184 Orange, CA 92863-1584 1 The Above Lace For Recorder's Use_Only Project Name: OC Streetcar Project Address: Santa Ana, California APN: 398-221-23, 008-068-09 tE� COPY Project Parcel No.: OCS-008 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE, EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive permanent easement (PE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, track, track slab; platforms, including, but not limited to subsurface foundations and footings; ticket vending machines; utilities; overhead catenary systems; and communication systems, along with their appurtenant fixtures and equipment, as required, in, over, under, across and within that certain teal property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of PE: �► OCTA shall provide the owner(s) and occupant(s) of the property subject to this PE a minimum of thirty (30) -days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PE area. • Reasonable pedestrian access to adjacent properties shall be maintained at all times • Access to the PE area shall be from public right: of way. • The following improvements within the PE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed as identified on the project plans shall be included in the compensation paid by OCTA for this PE, including but not limited to: o Brieldconcrete pavers o Concrete sidewalk/banding, as required o Trees, as required o Landscaping and raised concrete planter bones as required o Fire Hydrant o Water Main o Site Drainage System 1201539.1 The following improvements within the PE area will be protected in place; o None The following improvements within the PE area will be constructed and/or replaced by OCTA: o Linear concrete pavers o Decorative concrete banding o Landscaping and trees a Fire Hydrant o Water Main o Site Drainage System Surface drainage patterns will be maintained during construction and restored to pre- existing conditions. Prior to the termination of the Construction Period, OCTA will remove from the PE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. There shall not be constructed any improvement in, on, over, under, across or within the PE that would impede the rights as defined herein. OCTA expressly reserves the right to convey, transfer, or assign the PE subject to the same rights and limitations described herein. Dated this day of tS7 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California B ' Y _ . Raul Godinez, lI City Manager'��li� Approved as to Form: By_ lVVr� S a R. Carvalho City Attorney Approved t Form: ATTF-ST: By Fuad S. Sweis's, PE, PLS �IA ©. Heil Executive Director CLERK OF THF- COUNCIL Public Works Agency 12{i 1539.1 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 ) COUNTY OF ORANGE ) On tiQ `� , 2018, before me, Notary Public, personal y appeared, who proved to me on the basis of satisfactory evidence to be the person( whose natne is subscribed to the within instrument and acknowledged to me that he/shut-hey executed the same in hislhcrhhrir authorized capacity, and that by his/het ieirsignature on the instrument the person, or the entity upon behalf of which the person 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) ROSA A. FLARES Notary Public - California orange County Commission i 22Z8450 My Comm. Expires Feb 7, 2022 1201539.1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by Its duly authorized 9,1ficer, Dated: — By: JamG. Beil 0 cutive Director, Capital Programs 1201539.1 PS OMAS EXHIBIT A' 2 LLGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being that Portion of 6 4t1' Street abandoned per Resolution No, 69-27, recorded on February 19, 1969 in Book 7 8878, Page 863 of Official Records of said County, together with that portion of the 4tn 8 Street abandoned per Resolution No. 80-160, recorded on October 20, 1983 in Book 9 13796, Page 1800 of Official Records of said County, described as follows: 10 11 ]Beginning at the northeasterly corner of Lot 1, Block `1', of the Jacob Ross Addition to 12 Santa Ana, recorded in Boob 5, Page 582 of Miscellaneous Records of Los Angeles 13 County, California; thence along the northerly line of said Lot 1 North. 82°45'22" West 14 15,00 feet to the westerly line of North Ross Street, (80 feet wide) as shown on said 15 Jacob Ross Addition to Santa Etna and the True Point of Beginning; thence 16 North. 89023144" West 82.53 feet; thence: North 0096'16" East 13.44 feet; thence 17 North 89023144" West 192.87 feet; thence South 01°07'03" West 12.34 feet to the 18 southerly line of said 411 Street; thence along said southerly. line North. 89°23'44" West 19 10.03 feet to the beginning of a non -tangent curve concave northerly having a radius of 20 569.44 feet, a radial line to said curve bears South 01°41'49" West; thence westerly 21 55.13 feet along said curve through a central angle of 05°32'49"; thence 22 North 82045'22" West 19.28 feet to a curve concave northerly having a radius of 23 569.44 feet; thence westerly 23.04 feet along said curve through a central angle of 24 02" 19'07"; thence North 80'26' 15" West 57.94 feet to the curved southeasterly line of 25 Santa Ana Boulevard, (108 feet wide) per Resolution No. 68-186 recorded in Book 8819, 26 Page 934 of Official Records of said County, said curved southeasterly line being 27 concave northwesterly having a radius of 854.00 feet, a radial line to said curve bears 2s South 15025108" East; thence northeasterly 69.58 feet along said curve through a central 29 angle of04°40'05"; thence South 89"23'44" East 38.78 feet; thence 30 South 07014'3 8" West 12..24 feet to the beginning of a non -tangent curve concave 31 1 northerly having a radius of 545.00 Feet, a radial line to said curve bears MA2INT0104001SURVEYULEC3ALS%TPSS-3Tcscriptio"1V-Lia-PE-DESC-APH 398-221-23 aild 008-06B-09_REV Ucax Page ! of 2 319/2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 South 07°06'05" West; thence easterly 61.80 feet along said curve through a central angle of 06°29'48"; thence South 89°23'44" East 53,68 feet; thence North 00136'16" East 14.77 feet; thence North 65°52'29" East 6.45 feet; thence South 33'09'11" East 4.57 feet to a curve concave northeasterly having a radius of 14.35 feet; thence southeasterly 14.02 feet along said curve through a central angle of 55°57'58"; thence South 8902344" East 118.22 feet; thence South 009616" West 7.30 feet;.,thence South 89°23'44" East 14.75 feet to a curve concave northerly having a radius of 80.00 feet, thence easterly 33.07 feet along said curve through a central angle of 23°41'09"; thence North 66°55'08" East 38.42 feet to the westerly line of said Ross Street; thence along said westerly line South 00003'18" West 47.61 feet to the True Point of Beginning. Containing 9,924 sq. ft. All as shown on Exhibit "B" attached hereto and made a part thereof, This legal description is not intended to be used in the conveyance of laud in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone 'VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. t Peter J.1*itzpatricic, LS 6777 Date PETER J. EI TZPATRICK No. $777 M:l2HNT0l0400\SURVEYILEQALSIrPSS 31DeseriptianlV-LG-PE-DESC-MN 398-221-23 and 048-068-09_RFV 1.dock Page 2 of 2 3&2018 LINE DATA: RFARTN� DISTANCE L1 I NB9'23'44"W B2.53' L2 N00'36'16"E 13.44' L3 N89023'44"W 192.87' L4 S01'07'03"W 12.34' L5 N89'23'44"W 10.03` LG N82°45'22"W 19.28' L7 N80°26'15"W 57.94' LB S89°23'44"E 3B.78' L9 S07014'38"W 12.24' L10 S89'23'44"E 53.68' L11 N00'36'16"E 14.77' L121 N65'52'29"E 6.45' L13 S3Y 09'11"E 4.57' L14 S89023'44"E 118.22' L15 500°36'16"W 7.30' Lib 589'23'44"E 14.75' L17 N66'55'08"E 8.42' L18 S00003'18"W ]E47.61' L19 N82`A5'22"W 15.00' EXHIBIT lvBvv CURVE DATA: RADIUS DELTA LENGTH C1 569.44' 05'32'49" 55.13' C2 569.44' 02'19'07" 23.04' C3 854.00` 04'40'05" 69.58` C4 545.00' 06'29'48" 61.80, C5 14.35' 1 55057'58" 1 14.02' LC 80.00' 1 23'41'09" 1 33.07' RADIAL DATA: R1 S01°41'49"W R2 S15'25'08"E R3 S07'06'05"W R4 S20005'13"E R5 S00'52'51"W 4TH STREET ABANDONED PER RESOLUTION N6. 69-27 BK 8878, PG 863 O.R. & PER RESOLUTION NO. 80-161 _ BK. 13796, PG 1800 O.R. 98-221-23 L8 R2 c — _L7 C2 L I _ JAM 15, 1 4 ��iL1'3, 1.rL COUNTY 310f'X 3R❑ STREETS C1 LI F10188 Cl _ —�,. L �- L 3 --1f �• I r li R1 L5 —r VAN NEU STREET �• DETAIL' A' (ASANDONE3) N.T.S. —� f W 5TH STREET ob RN� 00LLI I I Lp J10310 ADDITION Ix N �` cn IVIA k OUI\rfY Lj1 L12L13 L16L17 - — 05 Ft5 L1q L15 c6 W 4TH STREET L5 I� w' c� �z 0 wz za ,F`- 131 30' 30' 0' 50' I00' 200' 300` SCALE V = 100' ❑ESCRIPTIONt PERMANENT EASEMENT APN J96-REI-23 & 0006-068-09 CITY OF SANTA ANA L3. DETA.IL._'A_' �5EE HEREON POL 582 m : 398-921— L 1 L I T.P.O.B. i°1i C IN � I N ! __N: 398— 21-19 -, 1 125� 40' ! z3 4 1 � L11 w I I I d i I 10 I I z LEGEND: El— PERMANENT EASEMENT PS ® M A S 3 Lt- C= 01, Sulln 204 Sonld Jam, Cartlo+nla 92707 7W7G1-7373 SHEET 1 OF 1 SCALE 1"=100' DRAFTED FD/NPG CHECKED JLE. DATE 03/08/201B ,roe NUMBER 2HNT010400 )di'HNT01[)A00',M)HVFY\l MAI R\TP95 3%Fxlllhl7 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. ATTACHMENTS TO PURCHASE AND SALE AGREEMENT APN (398-351-04, 398-351-05, 398-351-07, and 398-351-081 Document No. OCS-009-01 and OCS-009-021 Platform and Traction Power Substation Easement (Exhibit 11411) (SEE THE FOLLOWING PAGES) ,t! Ol FO.R ED COPY A-2018-176 NO FETE DOCUMENT Exempt per Government Code §b103,& §27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P,O, Box 14184 Recorded in official Records, Orange County Hugh !Nguyen, Clerk -Recorder I N� ��E I�II14IIl1ll4��i14110�llllll�����3llll! Illl�l�llilllllll�l�lli$llll�l�4 20180003649812:04 pm 10105118 7 413 E01 8 0.00 0,00 0.00 0,00 21.00 0.00 0.000.000.00 0.00 The Above Space For Recorder's Use Onl Project Name: OC Streetcar Project Address: Santa Ana, California APN: 398-351-04, 398-351-05, 398-351-07 and 398-351-08 Project Parcel No.: OCS-009-01 and OCS-009-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE, PLATFORM AND TRACTION POWER SUBSTATION EASEMENT FOR 'VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive perpetual platform and traction power substation easement which allows Grantee and its employees, agents, representatives, contractors, successors and assigns the right to use the described property for the construction, operations, maintenance, and all related purposes, of the OC Streetcar System, in, on, over, under and across that certain real property situated in the City of Santa'Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof. Rights, Limitations of Use and Occupancy of Easements; and facilities to be constructed: • OCTA shall provide the City a minimum of thirty (30)-days written notice as to when construction will commence. • The OC Streetcar controlled work access zone is defined as the area extending four (4) feet beyond the farthest rail, any portion of a streetcar stop within ten (10) feet of a traction power substation unit and ten (10) feet from the overhead contact system (OCS). • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over; below or above Parcel I Easement area, except for driveway purposes. • No permanent improvements, including, but not limited to parking structures, walls, etc, shall be constructed by City on, over, below or above Parcel 2 Easement area. • The facilities to be constructed an, over, below or above Parcel 1 Easement area are those elements included in the construction documents reviewed and approved by the City. • OCTA shall maintain all facilities within Parcel 1 Easement area with the exception of o Curb and gutter north of OCTA's traction power substation o Driveway pavement north end of TPSS area • The facilities to be constructed on, over below or above Parcel 2 Easement area are those elements included in the construction documents reviewed and approved by the City. 1201539.1 OCTA shall maintain all facilities within Parcel 2 Easement area with the exception of: o Driveway pavement south end of OC Streetcar Platform area o Sidewalk and curb and gutter at south end of OC Streetcar Platform area Except as to those improvements identified below as being protected in place, improvements within the Easement areas will be removed as needed by OCTA to allow for construction activities. Pursuant to Amended and Restated Cooperative Agreement C-94- 859 and the Memorandum of Understanding C-5-3295 referenced above, no compensation will be paid by OCTA for this Easement or improvements. The following improvements within the Easement area will be protected in place: o NONE OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and Iimitations described herein. Dated this 0-�6Lday of &qLL 2018. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California By -' Raul odinez, II /r City Manager Approved as to Fonn: By S is R. Carvalho City Attorney Approved as to Form: ,- AA1Clh � ; Fuad S. Sweiss, PE, PLS CLERK OF THE CD Executive Director Public Works Agency 1201539.1 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 COUNTY OF ORANGE On NIAc , k �-I , 2018, before me . �kbsA IV F-WLS , Notary Public, personally appeared,fl� who proved to me on the basis of satisfactory evidence to be the personW whose name is subscribed to the within instrument and acknowledged to me that he/sheAbey executed the same in his/heetneir authorized capacity, and that by his/herAhai-r signature on the instrument the person, or the entity upon behalf of which the person 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. SignaturetO'.' s . L (seal) ROSA A. FLORES o"nW.1 Notary Public - California OrangeCountyCommission : 2228A50My Comm, Explres Feb 7, 2oZZ �ww+rw�,iw- 1201$39.1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana a charter city and munic.i al cor oration organized and existing under the Constitution and laws of the State of California to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 20.10-010 adopted on March S, 2010, and the Grantee consents to recordation thereof by its duly authorized o er. Dated: By: Jam s . Bell E five Director, Capital Programs E20 [ 539, I 2 0 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS >c IBIT =A? UwAL DESCRIPTION PERMANENT EASEMENTS Parcel X; In the City of Santa Ana, County of Orange, State of California, being those portions of Block 43 and Brown Street (abandoned) of the Town of Santa Ana- East, recorded in Book 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of said Orange County; thence along the centerline of said Santiago Street South 25°28' 19" East (South 26°04'21" East per said Record of Survey 84-1189) 56132 feet; thence North 6491'41" East 40.00 feet to a point on the northeasterly line of said Santiago Street, and the True Point of Beginning; thence along said northeasterly line North 25°28' 19" West 55.00 feet; thence North 64131'41" East 70.50 feet to a line paraIleI with and 70.50 feet northeasterly of said northeasterly line; thence South.. 25°28'19" East 55.00 feet along said parallel line; thence South 64°31'41" West 70.50 feet to the True Point of ]Beginning. Containing 3,878 sq. ft, ]Parcel 2: In the City of Santa Ana, County of Orange, State of California, being those portions of Lots 1 through 14, Block 51 of the Town of Santa Ana- East, recorded in Book 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows: M:12HNT0104001SURVEYiLLGALSISARTCOosofiption\V-LG-PE-UESC-SARTC REV I.docx Pap I of 3/8l2018 l 2 3 4 5 6 7 8 9 t0 tt 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 r Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as shown on Record of ,Survey 84-1188 filed in Boob 110, Page 21, of li =ords of Survey of said Orange County; thence along the centerline of said Santiago Street South 25128' 19" East (South 26°04'21" East per said Record of Survey 84-1188) 340.22 feet; thence North 64031'41" East 40.00 feet to the southernmost corner of Lot 12 on the northeasterly line of said Santiago Street, and the True Point of Beginning; thence North 25 °28' 19" West 281.24 feet along said northeasterly line to the curved easterly line of the land described in the Easement Deed to the City of Santa Ana, recorded in Boole 9139, Page 1 of Official Records of said county, said curve being concave southeasterly having a radius of 33.00 feet, a radial line to said curve bears North 80°23'42" West; thence northerly 10.53 feet along said curve through a central angle of 19' 1 b' 51" to the southerly line of Fruit Street as described in Easement Deed to the City of Santa Ana, recorded in Book 554, Page 376 of Deeds, records of said county; thence South 89°23'36" East 1.82 feet along said southerly line to the southeasterly line of said Santa Ana Boulevard having a southerly half width of 52.00 feet; thence North 64°53'44" East 35.05 feet along said southeasterly line to a line parallel with and 44.00 feet northeasterly of the northeasterly line of said Santiago Street; thence South 251128'-19", East 320.93 feet along said parallel line; thence South 64031'41" West 44.00 feet to said northeasterly line; thence North 25°28' 19" West 33.20 feet along said northeasterly line to the True Point of Beginning. Containing 14,109 sq. ft. Subject to any easements or rights per recorded or unrecorded documents. All as shown on. Exhibit "B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in: violation of the Subdivision Map Act of the State of California. M:12i4NT0104001SURVBMF,C?ALS\SARTC1DescriptionlV-LG-PE-DESC-SARTC REV 1.400x Page 2 of 3 Mao 1 s 1 2 3 4 i S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by me or under my direction. Peter J. Fitzpatric , PLS 6777 !1,�, ,f _ 19 Date PETER J. FITZPATRICK No, 6777 / N1:12-INT0104001S(JRVP,MECAI.S1SARTCIDescriptionlV-LG-PE-DP-SC-SARTC_REV LdQex Page 3 of 31812013 N a, N64°31'41 40.00' EXHIBIT" B "" 87' r / r I 47' 40' �PCL 22 i � AO' I LEGEND: 13 PERMANENT EASEMENTS i I I co 0i z 40' ^�-SANTA ANA BLVD � \ a fji - Alt 4r4Ef�- _L6 2 I S.LY LINE OF FW� RUIT ST -I ti m IR TA ------------ N b APN 398-361 -07 0 M � ----- ----- ^f EASEMENT TO m N U ! - L °----------4 -..._....... -----� Ln TO�V ] CF' SANTA !Q 04 tl ANA-I~AST ---- - - Ell< lily PeDS� '13--4-4 !!2 44 J 1 PJJ�R. L � A . DDLI1TY _...-- - _- 12 APN 398-351-05 ^J -`_- -- - - -i i�Ww F .- -- - - - - - 1 rt..S. vF /+1 m __15 J 10/ VD. 21!1 0T I ! ® ' 16 4a'- ... .......---I f------Vl2a, 4AN 3g7 ! I 80' J N64° 31' 41 "E r�'T.P.0.61 40.00' PCL 1 CITY OF SANTA ANA BK. 554. PG. 376. DEEDS GRANT DERD T4 CITY OF SANTA ANA INST. NO, 85-145812, O.R. NEC. 4/24/19BE FINAL ORDER ❑F CDNDEMNAT10N CASE NO. 37-30-.04 INST. NO. 84-218645, O.R. REC. 5/24/1984 1 1Mr DATA: BEARING DISTANCE L1 25'28'19"W 65.00' L2 NS4°31'41"E 70,50' L3 525°28'19"E 55.00' L4 564°31'41'W 70.50' L5 SR9°23'36"E 1.82' L6 NG4°53'44'E 35.05' L7 S64°31'41"W 44.00' L8 N25°2B'19"W 33.20'_ 0' 40' 80' 160' 240' I3. n n �! SCALE 1" = 80' dui C" ! o�Y TOWN 05 SANTA ANA- FAST ,L"J{ lby PGs, r}30-4- M.F. L.A, .000 TY. BLOC]< 43 DESCRIPTION: PERMANENT EASEMENTS OVER SANTA ANA REGIONAL TRANSPORTATION CENTER PS 0 M A S 3 tintlnn C..V. Cr salt. 2M Santa Me. C'Mor6G D2707 7w751-T.3U1 SHEEN' 1 OF 1 SCALE 1" = So' DRAFTED NPO CHECKED JLE DATE C3/06/2018 JOB NUMBER 2HNT010400 F I I F PATH A-2018-175 NO FEE DOCUMENT Exempt per Government Code 0103 & 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111IIIIIflllfflllliflllfflflllflllfllllfllllflffllIII ilNO FEE *$ R 0 1 a 3 9 5 6 2 4 $ * 2018000364979 2:04 pm 10105/18 7 413 SOI 7 0.00 0.00 0.00 0.00 18.00 0.00 01000.000.00 0.00 _ I The Above Space For Recorder's Use Project Name: OC Streetcar Project Address: Santa Ana, California APN: 008-067-47 . CQftR-MED Cop'y Project Parcel No.: OCS-004-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF TIIE CALIFORNIA REVENUE AND TAXATION CODE. TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive traction power substation easement (TPSSE) for the purpose of constructing, maintaining, repairing, and adjusting, as applicable, above ground and underground facilities, and their appurtenant fixtures and equipment, including but not limited to utility and communication facilities, as required, in, under and across that certain real property situated in the City of Santa Ana, County of Oranges State of California; which is described in Exhibit "A and depicted on Exhibit "B", both of which are attached hereto and made a part hereof. Rights and Limitations of Use and Occupancy of TPSSE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this TPSSE a minimum of thirty (30)-days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the TPSSE area. • The emergency driveway/gated area in the NE area will not be accessible during the Construction Period • Access to the TPSSE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the TPSSE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this TPSSE. o Pavement within limits of TPSSE o 6 parking stalls (permanently) • The following improvements within the TPSSE area will be protected in place: o Adjacent retaining wall o Adjacent fencing F01113FU3i • The following improvements within or adjacent to the TPSSE area will be constructed and/or replaced in kind by OCTA: n 8-foot tall fencing similar to adjacent fencing n Pavement around TPSS unit and electrical equipment o Raised parking lot island with concrete curb a Landscape and irrigation • Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions. • Prior to the termination of the Construction Period, OCTA will remove from the TPSSE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The area around the TPSSE and unit will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to comruencerxaent of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and owner. • The TPSS unit and electrical equipment will be enclosed by a fence/gate and will be locked. • There shall not be constructed any improvement in, on, over, under, across or within the TPSSE that would impede the rights as defined herein. Once the TPSS unit is in place, a portion of the surface of the TPSSE may be used for access including fire access. OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this �4.,_ day of 6` I LL6_� 2018. MAMA D. HUIZAR CLERK OF THE C UNCIL City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Raul Godinez, Il - .. ✓ram) City Manager�f Ir Approved as to Form: By, ly a R. Carvalho Y Attorney Approved as -Orin: By Euad S. Sweiss, PE, PLS Executive Director Public Works Agency 1201539.1 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 COUNTY OF ORANGE ) On �Qlt� , 2018, before me, RbI5,k V6 Notary Public, personally appeared, G tL-6 who proved to me on the basis of satisfactory evidence to be the person(4- whose name is subscribed to the within instrument and acknowledged to me that hc/sho4hey executed the same in his/er r authorized capacity, and, that by his/hen4heir signature on the instrument the person, or the entity upon behalf of which the person 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. A RASA A, FLORES Notary Public - California z Orange County Commission = 2228450 My Comm. Expires Feb 7, 2022 Signature DIA, Li • A-, U-w 1201539.1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement need dated from the City,of Santa Ana a charter cit and municipal corporation organized and existing under the Constitution and laws of the e � State of California to the Orange ..__ County Transportation Authority (OC A), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized offfigr, Dated: ` iD ,t?5 By: _ 1a Director, Capital Programs 1201539.1 P5 OMAS 1 EXHIBIT'A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1 and 10, Block `D,' of the Ross Addition to Santa Ana, recorded in Book 3, Rages 7 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with s those portions of Van Ness Street vacated per Resolution 69-27 of the City Council of the 9 City of Santa Ana adopted February 17, 1969, a certified copy of said resolution being 10 recorded in Book 8878, Page 863 of Official Records of said Orange County, described I as follows; 12 13 Commencing at the intersection of the northwesterly line of Santa Ana Boulevard 14 (54-foot northerly half -width) as described in the Easement Deed to the City of Santa 15 Ana, recorded in Book 8821, Page 290 of Official Records of said county, with the 16 westerly line of Lot 6 of Block `D' of said Ross Addition to Santa Ana, said 17 northwesterly line being a curve concave northwesterly having a radius of 746.00 feet, a 18 radial.iine to said curve bears South 09125'05" East; thence northeasterly along said 19 curve and the northwesterly line of said Santa Ana Boulevard, 252.27 feet through a 20 central angle of 19a22'30" to the True Point of Beginning; thence 21 North 291126'32" West 21,00 feet to the beginning of a non, -tangent curve concave 22 northwesterly having a radius of725.00 feet, a radial line to said curve bears 23 South 28046128" East; thence northeasterly 86.42 feet along said curve through a central 24 angle of06°49'48"; thence South 89°24'45" East 1,34 feet to the westerly line of the land 25 described in the Grant Deed to the State of California recorded on September 26, 2007 as 26 Document Number 2007000582904 of Official Records of said county; thence along said 27 westerly line South 00001'32" West 2.84 feet; thence South 51'55'16" West 0.83 feet; 28 thence South 00°17'58" East 21.73 feet to said northwesterly line and the beginning of a 29 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 30 said curve bears South 34*31'S8" East; thence southwesterly 74.33 feet along said curve M 12MT010400%SURVEY\LEGALSITPSS-3DcscriptionlV-LG-T I8-DESC-ApN 008-06747 -Above Grade REV 2.docx Page] of t 03109/2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PSOMAS and said northwesterly line tluough a central angle of 05°44'23" feet to the True Point of Beginning. Containing 1,702 sq. ft. .All as shown on Exhibit "B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. This legal description was prepared by ax>e or under my direction. PETER J. FITZPATRICK J+ No. 6777 Peter J. Fitzpatrick, PLS 6777 Date( W21ANT0104003 SURVMLFGALSITPSS 31Dcscriirtion\V-LG-PE-1?ESC-APN 008-067-47 -Above Grade: —REV 2.doox Page 2 of 03109/20I8 ~� i036'1G"E (R) -L2 \� DETAIL "A" 3'y N.T.S. EXHIBIT "B" LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904, O, R. - RESOLUTION 69-27 ORDERING VACATION OF STREETS AND w- RESERVING EASEMENTS FOR PUBLIC UTILITIES BK �8878. PG 863, O.R. -----I — ---- o w _�I Z -47 E' K I I I ,F "L K,� D I I z o � Q d �a .r A�; � �J�JJ< J s JarIC�J~ 4l� I 1��C�7>Jr JiJfi la J.-'i %� 3J 111 60 nx I 6D' i LOT 5 I LOT 4 �; f LOT 8 I L- LOT I � ., Lu GRANT OF EASEMENT FOR ELECTRICALI i� I I i I ,•� AND COMMUNICATION SYSTEMS 0 y I I I IG` L5 PER BK. 10338+ PG. 703, O.R. 1 REC. 9/22/1 7 1 30 I I I I 1 , \ `� I LOT b I —Lr7`, LOT a �iG`Z 1w Ln f- I l i I? woil- w T.�.�.� p� 1 o0.C�a�1; LOT 5 ,Y'Z1' 1 ii4 cxs oQ Ld co <owcDW EASEMENT DEED FOR STREET AND HIGHWAY PURPOSES - F".D.G \SQ9° 25' 05 "E_._((R) PER BK 8821, PG 290, O.R. REC. 12/19/196B In Lo 3 0' CURVE DATA: z 0 Q 61.. z 30' PERMANENT EASEMENT P.O.C.-- POINT OF COMMENCEMENT T.P.O.B.-- TRUE POINT OF BEGINNING r r 1 LINE DATA: RADIUS DELTA LENGTH C1 725,00' 06e49,4B" 86.42' C2 746.00' 05044'23" 74.73' DISTANCE L1 N29'26'32"W 21.00' FSEARING L2 S89°24'45"E 1.34' L3 S00001'32"W 2.84' L4 S51e55'16"W 0.83, L5 I S00°17'58"E 21.73' 0' 30' 60' 120' 180, SCALE 1" = 60' OESCRIPTION� PERMANENT EASEMENT' FOR APN 008-067-47 CITY {7F SANTA ANA PS 0 M A S 5 Hutton Cenlre dr.Sulle 200 ..to An, Uniornlo 92707 714/751-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED FD/NG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010400 Mk-HNT01040D%SURVEYNLEGAI.S\TP55..3%Fxh4 NO FEE DOCUMENT E cni t er Government Code §6103 & b17L83 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AMBORITY 550 So«tll Main Street P.O. Box 14184 OranL,e. CA 92863-1584 Recorded III Official Records, orange County Hugh Nguyen, Clerk -Recorder NO FEE l IIt 1111 III ltl 111 111 11 lull II I *$ R 0 0 1 0 3 9 5 6 2 3$ 2018000364978 2:04 pm 101018 7 413 E01 7 0.00 0.00 0.00 0.00 18.00 0,00 0.000.000.00 0.00 The Above Space For Recorder's Use Project Name: OC Streetcar Project Address: Santa Ana, California APN: 008-067-47 Project Parcel No,: OCS-004-01 T1115 TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA ANA, a cltarter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California, ("Grantor") licreby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), a non-exclusive public utility easement ("PUE") for the purpose of constructing, maintaining, repairing, relocating and adjusting, as applicable, underground utility and conunun.ication facilities and their appurtenant fixtures and equipment, as required, in and under that certain real property situated in the City of Santa Ana, County of Grange, State of California, which is described in Exhibit "A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof During the Construction Period, OCTA's use and occupancy of the PUE will be exclusive, subject to the rights and limitations set forth below. OCTA's use and occupancy of the PATE prior to and after the Construction. Period will be non-exclusive, Rights and Limitations of Use and Occupancy of PUE: OCTA shall provide the owner(s) and occupant(s) of the property subject to this PUE a minimum of thirty (30)-days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the PUE area, • Reasonable pedestrian access to the property shall be maintained at all times • Access to the PUE area shall be from public right of way. • Driveway access will be maintained at all times. • The following improvements within the PUE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this PUE. a Approximately 5,600 SF of pavement 0 33 parking stalls (temporarily) • The following improvements within the PUE area will be protected in place: o None 12s01539,1 • The following improvements within the PUB area will be constructed and/or replaced in kind by OCTA: o Pavement o Striping of affected parking stalls o Affected landscaping and irrigation • Drainage patterns and/or systems will be maintained during construction and restored to pre-existing conditions, • Prior to the termination of the Construction Period, OCTA will remove from the PUE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction -related debris. The PUE area will be restored to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities, as indicated above, unless otherwise agreed to in writing between OCTA and. owner. • There shall not be constructed any improvement in, on, over, under, across or within the PUE that would nnpeae the rights as defined herein. Once the utilities are in place, the surface of the PUE may be used for access or automobile parking purposes, OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this day of 2018. ATTE'S . 'j &JL P k�yvl D, HUI AR CLERK OF THE GOUN011 City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the S to of California By Raul Godinez, 11 City Manager Approved as to Form: By S is R. Carvalho City Attorney Approvedas.SForm: $ y Fuad S. Sweiss, PE, PLS e Executive Director Public Works Agency 1261539A 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 COUNTY OF ORANGE On '/'- 1 , 2018, before me, tio, ;,€ , Notary Public, personallappeared, who proved to me on the basis of satisfactory evidence to be the person(w)whose name is subscribed to the within instrument and acknowledged to me that he/she hey executed the same in hislherA-hoir authorized capacity, and that by hisfhzrftheir signature on the instrument the person, or the entity upon behalf of which the person 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) � ROSA A. FLARES ■ tip`. Notary Public - California arangecounty y s commission = 222845a My Comm. Expires Fob 7, 2022 2 SignatureC'j, �V 120 l 539. l CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on March 8., 2010, and the Grantee consents to recordation thereof by its duly authorized Dated: By: J's G. Beil ecutive Director, Capital Programs 1201539.1 PS OMAS i EXHIBIT ' A' 2 LEGAL DESCRIPTION 3 4 PERMANENT EASEMENT 5 In the City of Santa Ana, County of Orange, State of California, being those portions of 6 Lots 1, 2 and 6 through 10, Block `D,' of the Ross Addition to Santa Ana, recorded in 7 Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, 8 together with those portions of Van Ness Street and Parton Street vacated per Resolution 9 69-27 of the City Council of the City of Santa Ana adopted February 17, 1969, a certified 10 copy of said resolution, being recorded in Book 8878, Page 863 of Official Records of 1 z said Orange County, described as follows: 12 13 Beginning at the intersection of the northwesterly line of Santa Ana Boulevard (54-foot 14 northerly half -width) as described in the Easement Deed to the City of Santa Ana, 15 recorded in Book 8821, Page 290 of Official Records of said county, with the westerly 16 line of said Lot 6, said northwesterly line being a curve concave northwesterly having a 17 radius of 746.00 feet, a radial line to said curve bears South 09°25'05" East; thence is southwesterly along said curve and said northwesterly line, 21.13 feet through a central 19 angle of 01 "37'21 "; thence North 12' 15' 18" West 22.08 feet; thence 20 North 67048'31" East 286.30 feet; thence North 57°59'03" East 3.09 feet; thence 21 North 551134'50" East 12,16 feet; thence North 55°37'54" East 17.92 feet; thence 22 North 541150'37" Last 2.80 feet; thence South 89°24'45" East 30.75 feet to the beginning 23 of a non -tangent curve concave northwesterly, having a radius of 725.00 feet, a radial line 24 to said beginning bears South 3596' 16" East; thence southwesterly along said curve 25 86.42 feet through a central angle of 06°49'48"; thence North 29°26'32" West 5.44 feet; 26 thence South 67°48'31" West 223.83 feet; thence South 12'29' 18" East 17.33 feet to the 27 northwesterly line of said Santa Ana Boulevard, said point also being the beginning of a 28 non -tangent curve concave northwesterly having a radius of 746.00 feet, a radial line to 29 said beginning bears South 11'02' 12" East; thence southwesterly along said curve and 30 M:12HNT01040015URVEE,YILEGAL,SITPSS__31DesoriptionlV-L,G-PE-DESC-APN 408-067-47-13elow_ RE'V 3.doox Page 1 of 2 3/9/2018 1 2 3 4 5 6 7 8 9 1a 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 34 'u1 said northwesterly line 21.07 feet through a central angle of 01 °37'06" to the Point of Beginning. Containing 5,524 sq. ft. All as shown on Exhibit "B" attached hereto and made a part thereof. This legal description is not intended to be. used in the conveyance of land in Violation of the Subdivision Map Act of the State of California. The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone V1, reIative to the North American Datum of 1983 (NAD83); 2011,00 Epoch. This legal description was prepared by me or under my direction. Peter J. Fitzpatrick, PLS 6777 Date p PEl'l=ft J, )! FITZPATRICK No, 6777 M:12HN°I"4104001SURVFaY1].I;GA.LSVCPSS-31i)escriptionlV-i�G-PE-I)ESC-APN 008-067-47_Below, REV 3,doex Page 2 of 2 3/9/2018 EXHIBIT 'NB" LAND CONVEYED TO THE STATE OF CALIFORNIA PER DOCUMENT NO. 2007000582904, O.R. - RESOLUTION 69-27 ORDERING VACATION OF STREETS AND RESERVING EASEMENTS FOR PUBLIC UTILITIES BK 8878, PG 863. D.R. — — — i— __1APN 008-067 47 I — — - 1 �' 1 i! L K,, J 1 1 1 L, A, ', 'I 00N 1 y FA DE 'J7� i RDSS 3 .ADZ To SANTA rlNA i OP JVJJGD�l Rl'-_-D6RDSy �A cNI Nfy 1 60 ` 1 LDT 8 1 LOT 4 LOT 8 i L_ r� i LOT I L GRANT OF EASEMENT FOR ELECTRICALI 1 ION PER BANDOMMYSTEMSK 1 0338, P5. UNICATS703, O.R. L2� H W Z z z � d 60' L5 L6 REC. 9/22/1972 I 30 30 I iDr6 —1— 0'f 71 m Lo 1 9 2$� I 1 1 tr' „ n N .'l I L7 D 4 S35R15�(Ri� MCLr. .°n i 'g,� ,fl�/ �.S28°46'28"E (R) �n mac_ 1 13�3'� 22 LC1T 9 y` L11 co to Is cr d o w c_ ud WJ11..f1D_a� 1L1 i S.1°02'2 1"" (R) " YC1 Ca DEED FOR STREET q„ SD7' 47 `-44 "E ( R) / , _EASEMENT `--- AND P.O.8 \SS0.9° 25' 05"E ( R ) PER HIGHWAY PJRPOSES BK 8821 � PG 290, O.R. Q REC. 12/19/1968 v 30' CURVE DATA: r PERMANENT EASEMENT r I RADIUS ANGLE LENGTH C1 746.00' 01037'21" 21.13' C2 725.00' 06,49,48" 86.42' C3 748.00` 01037'06" 21.07' C4 746.00' 03°14`27" 42.20' 0' 30' 60' 120' 1B0' SCALE I" = 60' DESCRIPTION: PERMANENT EASEMENT APN 008-067-47 CITY OF SANTA ANA LINE DATA: BEARING DISTANCE L1 N12°15'18"W 22.OB` L2 N57°59'03"E 3.09` L3 N55°34'50"E 12.16' L4 N55°37'S4"E 17.92' L5 N54°50`37"E 2.80' L6 S89°24'45"E 30.75` L7 N29°26`32"W L8 S12°29'18"E 17.33` P S 0 M A S 3 Hulton Centre pr, Sultn 200 Santo MC. collfornitr 92707 7IV781-7373 SHEET 1 OF 1 SCALE 1"=60' DRAFTED KPV/NPG CHECKED JLE DATE 03/09/2018 JOB NUMBER 2HNT010g00 F I I F PATH -2{ i$475 NO FEE OCUMENT Exempt er Government Code §6103 & �27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Capital Programs ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Recorded in official Records, Orange County Hugh�Nguyen, Clerk -Recorder � I[J 11111111 lull 11$�]111111111111 ill 11111 111J1111��l 11� NO FEE *$ R 0 0 1 p 3 9 5 6 2 6 $ * 2018000364981 2:04 pm 10105118 7 413 E01 8 0.00 0.00 0.00 0.00 21.00 0X0 0.000-000.00 0.00 The Above Space For Recorder's Use Only Project Name: OC Streetcar Project Address: Santa Ana, California APN: 398-351-04, 398-351-05, 398-351-07 and 398-351-08 Project Parcel No.: OCS-009-01 and OCS-009-02 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE, PLATFORM AND TRACTION POWER SUBSTATION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY OF SANTA AMA, a charter city and mtmicipal corporation organized and existing under the Constitution and laws of the State of California, ("Grantor") hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity ("Grantee"), an exclusive perpetual platform and traction power substation easement which allows Grantee and its employees, agents, representatives, contractors, successors and assigns the right to use the described property for the construction, operations, maintenance, and all related purposes, of the OC Streetcar System, in, on, over, under and across that certain real property situated in the City of Santa Ana, County of Orange, State of California, which is described in Exhibit "A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof, Rights, Limitations of Use and Occupancy of Easements; and facilities to be constructed: • OCTA shall provide the City a minimum of thirty (30)-days written notice as to whon construction will commence, + The OC Streetcar controlled work access zone is defined as the area extending four (4) feet beyond the farthest rail, any portion of a streetcar stop within ten (10) feet of a traction power substation unit and ten (10) feet from the overhead contact system (OCS). • No permanent improvements, including, but not limited to parking structures, walls, etc, shall be constructed by City on, over, below or above Parcel I Easement area, except for driveway purposes, • No permanent improvements, including, but not limited to parking structures, walls, etc. shall be constructed by City on, over, below or above Parcel 2 Easement area. • The facilities to be constructed on, over, below or above Parcel I Easement area are those elements included in the construction documents reviewed and approved by the City. • OCTA shall maintain all facilities within Parcel l Easement area with the exception of a Curb and gutter north of OCTA's traction power substation o Driveway pavement north end of TPSS area • The facilities to be constructed on, over below or above Parcel 2 Easement area are those elements included in the construction documents reviewed and approved by the City. INI539.t • OCTA shall maintain all facilities within Parcel 2 Easement area with the exception of: o Driveway pavement south end of OC Streetcar Platform area a Sidewalk and curb and gutter at south end of OC Streetcar Platform area • Except as to those improvements identified below as being protected in place, improvements within the Easement areas will be removed as needed by OCTA to allow for construction activities. Pursuant to Amended and Restated Cooperative Agreement C-94- 859 and the Memorandum of Understanding C-5-3295 referenced above, no compensation will be paid by OCTA for this Easement or improvements. • The following improvements within the Easement area will be protected in place: o NONE OCTA expressly reserves the right to convey, transfer, or assign the Easement subject to the same rights and limitations described herein. Dated this -6 day of 4 �- ' 2918. City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and lavers of the State of California . Ate.. ._... y._._.....,_., �..-_. Raul Godinez II City Manager d��2 Approved as to Form: By4 IVU, w° S is R. Carvalho f,— City Attorney Approved as to Form: JAPR,I ft-)lJ4AG CIL aMn� Fuad S. Sweiss, PE, PL5 GL,F--RK O TH Executive Director Public Works Agency 1201539.1 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 COUNTY OF ORANGE On N c 1 i A- �- l , 2018, before me � t � a r-\ • Hm S , Notary Public, personall appeared, _ is t' r� CM ' coy*'-?-. who proved to me on the basis of satisfactory evidence to be the person(.sj whose name is subscribed to the within instrument and acknowledged to me that he/&her they executed the same in his/her t eir authorized capacity, and that by his/her-4,heir signature on the instrument the person, or the entity upon behalf of which the person 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) RASA A.FLORES N 'ary Public -- California z i Orange County a s 2228450 Commission My Comm. Expires Feb 7, 2022 1201539,1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Deed dated from the City of Santa Ana, a charter city and municipal corporation organized and existing -under the Constitution and laws of the State of California to the Orange County Transportation Authority (OCTA), a Public Entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted�on March 8, 2010, and the Grantee consents to recordation thereof by its duly authorized offf" er. Dated: By: JarnAA. Bell ° E tive Director, Capital Programs 1201539.1 2 3 4 5 6 7 g 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT`A' LEGAL ]DESCRIPTION PERMANENT EASEMENTS Parcel 1: In the City of Santa Ana, County of Orange, State of California, being those portions of Block 43 and Brown Street (abandoned) of the Town of Santa Ana- East, recorded in Book 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows; Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as shown on Record of Survey 84-1188 filed in Book 110, Page 21, of Records of Survey of said Orange County; thence along the centerline of said Santiago Street South 25°28' 19" East (South 26004'21" East per said Record of Survey 84.1188) 561.32 feet; thence North 64131'41" East 40.00 feet to a point on the northeasterly line of said Santiago Street, and the True Point of Beginning; thence along said northeasterly line North 25°28' 19" West 55.00 feet; thence North 64°31'41" East 70.50 feet to a line parallel with and 70.50 feet northeasterly of said northeasterly line; thence South 25°28'19" East 55.00 feet along said parallel line; thence South 64°3141" West 70.50 feet to the True Point of Beginning, Containing 3,878 sq. ft, Parcel 2: In the City of Santa Ana, County of Orange, State of California, being those portions of Lots 1 through 14, Block 51 of the Town of Santa Ana- East, recorded in Boole 10, Pages 43 and 44 of Miscellaneous Records of Los Angeles County, California, described as follows: M:12[iNI'010400\SURVEY\L1 GAI.SISA.RTCTescriptionlV-LG-PE-DISC-SARTC_REV Ldoox Page l of 318O N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS ONE AS Beginning at the centerline intersection of Santa Ana Boulevard with Santiago Street as shown on Record of Survey 84-1188 tiled in Book 110, Page 21, of Records of Survey of said Orange County; thence along the centerline of said Santiago Street South 25'28' 19" East (South 26°04'21" East per said Record of Survey 84-1188) 340.22 feet; thence North 64"31'41" East 40.00 feet to the southernmost corner of Lot 12 on the northeasterly line of said Santiago Street, and the True Point of Beginning; thence North 25'28' 19" West 281.24 feet along said northeasterly line to the curved easterly line of the land described in the Easement Deed to the City of Santa Ana, recorded in Book 9139, Page 1 of Official Records of said county, said curve being concave southeasterly having a radius of 33.00 feet, a radial line to said curve bears North 80°23'42" West; thence northerly 10.53 feet along said curve through a central angle of 18' 16' 51" to the southerly line of Fruit Street as described in Easement Deed to the City of Santa Ana, recorded in Book 554, Page 376 of Deeds, records of said county; thence South 89°23'36" East 1.82 feet along said southerly line to the southeasterly line of said Santa Ana Boulevard having a southerly half width of 52.00 feet; thence North 64°53'44" East 35.05 feet along said southeasterly line to a line parallel with and 44.00 feet northeasterly of the northeasterly line of said Santiago Street; thence South 25°28' 19" East 320.93 feet along said parallel line; thence South 64°31'41" West 44.00 feet to said northeasterly line; thence North 25'28' 19" West 33.20 feet along said northeasterly line to the True Point of Beginning. Containing 14,109 sq. ft, Subject to any easements or rights per recorded or unrecorded documents. All as shown on Exhibit "B" attached hereto and made a part thereof. This legal description is not intended to be used in the conveyance of land in violation of the Subdivision Map Act of the State of California. M;121-iNT0104001SURVEYILEGALSISARTCU7cscriptionlV_-LG-Pf-DESC-SAR1'C_REV Ldoox Paget of 302018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS ONAS The Basis of Bearings for this legal description is based on the California State Plane Coordinate System of 1983 (CCS83), Zone 'VI, relative to the North American Datum of 1983 (NAD83); 2011.00 Epoch. 'this legal description was prepared by me or under nay direction. Peter J, Fitzpatric , PLS 6777 10 Date M;12FINT0104001SkJRVEY1LEGALSISAffC\DcseriptionlV-LG-PE-DESC-SAR'r(,'—tEV i.docx 3/8/2018 c5` F' T1 R J. `: FITZF"ATRICK � � x )A Na, 6777 Page 3 of 3 87, 1 47' i EXHIBIT 40, P.O.S. R= 33.0 0= 18'16' , �f v �IN m Q 1 z� Z Q , ¢a 8B' 48, 40, za N r• I O n_ �a, to H m , V Zm I 0 N LoW N O- = ro L, N z I I ti I 1 NLn _ NBA°31'41 "E--rF.p.O.E3,� 4a.ao' PCL 2 i 40' 11 40, i LEGEND: 13 PERMANENT EASEMENTS i i I N64'31'41 "E --'' 40.00' 7•P.O.E PCL 1 11 1311 r ^� r SANTA ANA BLVD ^/ q N6 35 05' E_1 R�0 "q �• _ � � � h j` �L5 L I `,� S'LY LINE OF / FRUIT sT --2ELT A " 6 APN 39B-351-07 rn N N 7 _ _ - _ -._ _ - - V EASEMENT TO CITY OF SANTA ANA u w 8K. 554, PG. 376• DEEDS _ - - - -- I CL `o 9GRANT DEED TO n -- _ —- _ CITY CF SANTA ANA Eli1_ __ —G1CI A1�JA �1Slri11 /1(IQ� REC7.4/O, 6198545612, O.R. —HK 10 PGS, 43-44y 1!Z , 44' 4 Y J 1 1�11 R I, A. c©UNl f'V , 4 J2 APN 398-351-05 - ------- - - ---- / r\ FINAL ORDER OF CONDEMNATION CASE NC. 37-30-04 --��[V INST. N0. 84-218845. O.R. -------- - REC. 5/24/1984 L7 14 i�S ��'}'-JIB 3 !/� LINE DATA: — -- -- _ — R Oaf / Z 15 1 10/ PG , 2 1 //�tI p 16 / I / L 4aN I7 / Imo. 39 / BEARING DISTANCE L1 N25°28'19'W 55.00' L2 N64"31'41"E 70.50' L3 S25°28`19"E 55.00' L4 S64°31'41"W 70.50' L5 S89^23'3611E 1.82' L6 N64°53'44'E 35.05' L7 SW 31' 41 "W 44.00' L8 N25°2B'19"W 33.20` L2 a oy I' 0' 40' so, 160' 240' / SCALE 1" = 80' Q L 4 ` � ' - eq DOSTR�r T0WNI OF 19AN }'A F ANA- F:Asl ©j �?C } )y POu 43-44y I A I RI L, A � COUNTY I -0L0CK 21,73 DESCRIPTION: PERMANENT EASEMENTS OVER SANTA ANA REGIONAL TRANSPORTATION CENTER P S 0 M A S 3 Hinton Centro 9r, S-110 200 Santo Ma, c vomlo 92797 714/761-7373 SHEET I OF 1 SCALE 1" = 80' DRAFTED NPG CHECKED JLE DATE 03/08/2018 JOB NUMBER 2HNT010400 F I I F PATH ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Addendum No, l to Purchase and Sale Agreement information, and pursuant to Civil Code section 1799.21, it shall be kept confidential in order to protect against unauthorized disclosure. OC STREETCAR PROJECT OCS-004-01,-02 008-067-47 20 Civic Center Plaza OCS-008 398-221-23, 008 068-09 Santa Ana, CA 92701 OCS-009-01, -02 398-351-04, -05, -07, -08 Property Address Parcel No. APN. Escrow No. Title Order No. ADDENDUM NO.1 TO PURCHASE AND SALE AGREEMENT The Addendum. No. 1 to Purchase and Sale Agreement ("Addendum") is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California ("CITY" or "Seller"), and the ORANGE COUNTY TRANSPORTATION AUTHORITY, a Public Entity, ("AUTHORITY" or "Buyer"), for the acquisition by Buyer of certain real property interests described below. Each will be individually known as "Party" and collectively known as the "Parties". RECITALS WHEREAS, on July 31, 2018, CITY and AUTHORITY entered into a Purchase and Sale Agreement ("PSA"), PSA Reference A-2018-175, whereby CITY and AUTHORITY agreed to grant AUTHORITY (i) two separate easements a Traction Power Substation Easement and a Public Utility Easement on the Property, as more particularly described and depicted in Document Nos. OCS-004-01 and OCS-004-02 and (ii) an Easement Deed on the property as more particularly described and depicted in Document Nos. OCS-008 and (iii) a Platform and Traction Power Substation Easement as more particularly described and depicted in Document Nos. OCS-009-01 and OCS-009-02 attached as Exhibit "1", "2", "3" and "4", respectively to the Original Purchase and Sale Agreement; and WHEREAS, the AUTHORITY has determined that it is necessary to acquire two additional permanent Grant of Easements for utility purposes to support the Traction Power Substations. The first Grant of Easements is two strips, 6.00 Feet wide and 14.00 feet wide, over the property designated as Assessor's Parcel Number 008-067-47 ("Civic Center") and is legally described and depicted in Exhibit "A" attached to and made part of the Grant of Easement attached hereto to and incorporated herein as Exhibit 1(the "Southern California Edison Easement at Civic Center"). The second Grant of Easements is a parcel of land over the property designated as Assessor's Parcel Number 398-351- 04 ("SARTC") and is legally described and depicted in Exhibit "A" attached to and made part of the Grant of Easement attached hereto to and incorporated herein as Exhibit 2 (the "Southern California Edison Easement at SARTC"); and WHERAS, the Southern California Edison Easement at Civic Center is over a significant portion of the area encumbered by Document Nos. OCS-004-01, OCS-004-02; and the Southern California Edison Easement at SARTC is over an area encumbered by Doewnent Nos OCS-009-01 and OCS-009-02; and WHERAS, the purpose of this Agreement is to allow the AUTHORITY to acquire the Southern California Edison Easement at Civic Center and the Southern California Edison Easement at SARTC under the terms and conditions as set forth in this Agreement; and WHEREAS, the CITY agrees to Grant the Southern California Edison Easement at Civic Center and the Southern California Edison Easement at SARTC under the terms and conditions as set forth in this Agreement; and WHEREAS, the AUTHORITY agrees that the Southern California Edison Easement at Civic Center and the Southern California Edison Easement at SARTC will be primary to the use and rights granted to OCTA by the City Page I of 6 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Addendum No. I to Purchase and Sale Agreement infonnation, and pursuant to Civil Code section 1798.21, it shall be. kept confidential in order to protect against unauthorized disclosure. pursuant to the easements designated as Document Nos, OCS-004-01, OCS-004-02, OCS-009-01 and OCS-009-02; and; WHEREAS, CITY and AUTHORITY wish to add this Addendum No. 1 to the PSA to compensate the CITY for the Southern California Edison Easement at Civic Center under the terms and conditions as set forth in this Agreement; and WHEREAS, it is understood that the CITY will grant at no cost the property interests at SARTC; as defined in Clause 2A in the PSA. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions hereinafter set forth, CITY and AUTHORITY mutually agree as follows: 1. All terms used herein shall have the meaning assigned to them in the PSA and Addendum No. I to the PSA unless the context clearly requires otherwise. 2. CITY agrees that the sum of Five Thousand Seven Hundred Seventy -Five dollars and Zero Cents ($5,775.00) (the "Purchase Price") shall be considered full and final consideration and just compensation for the grant of the Southern California Edison Easement at Civic Center. All other terms, condition, releases, and waivers of the Original PSA remain in full force and effect. 4. This Addendum No. 1 may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.' 5. This Addendum No. 1 is subject to approval by CITY's City Council and by AUTHORITY's governing Board of Directors. REMAINDER OF PAGE LEFT INTENTIONALLY BLAND SIGNATURE PAGE FOLLOWS Page 2 of 6 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDE MIAL This document contains personal Addendum No.1 to Purchase and Sale Agreement information, and putsuant to Civil Code sce ion 1798.21, it shall be kept confidential in order to protect against tmnutkorized disclosure. In Witness Whereof, the patties have executed this Addendum No. I on the day and year set forth below. CITY *F SAiV" A ATNA By: Kristine Ridge NATE City ",Manager Approved as to Form: Sonia R. Carvalho, City Attorney By: �g, -f" L 4-30-21 hn M. Funk IRATE Sr. Assistant City Attorney By: Nabil Saba llATE Executive Director Public Works Agency ORANGE COLNTY TRANSPORTATION AUTHORITY By: James G. Boil DATE Executive Wrector, Capital Programs Approved as to Form: By: .........-- Janles D*nich DATE General Counsel Orange County Transportation Authority Page 3 of 6 ORANGE COUNTY TRANSPORTATION AUTHORITY Addendum No.1 to Purchase and Sale Agreement CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1799.21, it shall be kept confidential in order to protect against unauthorized disclosure. Page 4 of 6 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains persona] Addendum No. I to Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in outer to protect against unauthorized disclosure. Exhibit "I" Southern California Edison Easement at Civic Center RECORDING REQUESTED BY riSOUTFILRN CALIFOItNIA EDISON An EDISON INTERNATIONAL Corriponv WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doc. No. GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX $ NONE Central OC TD1579883 VALUE AND CONSIDERATION LESS THAN $100.00) SCE Company FIM - APN 008-067-47 VEGETATION & SLS/CG 04/27/21 SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME LAND MANAGEMENT DEED NO, 8784 CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), a non-exclusive easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: SCE EASEMENT: TWO STRIPS OF LAND LYING WITHIN LOTS 6 THROUGH 10, IN BLOCK "D" OF ROSS ADDITION TO SANTA ANA, AS PER MAP RECORDED IN BOOK 3, PAGES 534 AND 535 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP #1 (6.00 FEET WIDE) COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY BOUNDARY OF SANTA ANA BOULEVARD, AS DESCRIBED IN AN EASEMENT DEED TO THE CITY OF SANTA ANA, RECORDED IN BOOK 8821, PAGE 290, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, WITH THE WESTERLY LINE OF SAID LOT 6; THENCE ALONG SAID WESTERLY LINE, NORTH 00000'00" WEST 4.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 45°15'00" EAST 28.00 FEET; THENCE NORTH 67°45'00" EAST 98.00 FEET TO A POINT TO BE HEREINAFTER REFERRED TO AS POINT "A'; THENCE CONTINUING NORTH 67°45'00" EAST 94.50 FEET; THENCE SOUTH 89°45'00" EAST 48.00 FEET TO A POINT OF ENDING. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHWESTERLY IN SAID WESTERLY LINE AND TO JOIN AT THE ANGLE POINTS. CONTAINING AN AREA OF APPROXIMATELY 1611 SQUARE FEET. STRIP 42 (14.00 FEET WIDE) COMMENCING AT SAID POINT "A"; THENCE SOUTH 22°15'00" EAST 2.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 67°45'00" EAST 17.00 FEET TO A POINT OF ENDING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE. CONTAINING AN AREA OF APPROXIMATELY 136 SQUARE FEET. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code, Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 20 GRANTOR CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California Signature Print Name Title M1579883 EXECUTED this day of 20 W%.NemN SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name Title 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 On before me, a Notary Public, 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 in his/her/their authorized capacity(ics), 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) --DSE-802013460 — TD 1579883 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 On before me, a Notary Public, 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 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) - - - - - DSF802013460 TD 1579$83 30' I I I �oQopa I TPOB STRIP #1 �:0 POC STRIP #1 301 6.P' 30' I I 5 4 i 3 i I BLK. "D" I I I 14o S S ADDITIO* To SANTA ANA i M.R. 3/534-535 I DEED I L�S ANGELES Cp. REC. JA ARY 15, 1974 I I BIC 11057, G 898 O.R. I I ORANGE O. I I 6I 71 g l /. � PT. "A" I I I 19 / I STRIP #2 I 14' WIDE I (� VA gD ot� NA B A EASEMENT DEED BK 8821, PG 290 O.A. ORANGE CO. 40 0 40 80 scale 1 "= 40' feet 2 I 1 I I I I I I N I I I I I I I STRIP #1 6' WIDE i 10 s SKETCH EXHIBIT "A" SCE EASEMENT LEGEND DENOTES SCE EASEMENT AREA POC = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL This document contains personal Addendum No. 1 to Purchase and Sale Agreement information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. Exhibit "2" Southern California Edison Easement at SARTC RECORDING REQUESTED BY rI SOt1Tl1Cl2N CALIFORNIA E®I ON WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doc. No. GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE Central OC TD1369033 VALUE AND CONSIDERATION LIESS THAN $100,00) SCE Company FiM APN 398- 5I-04 VEGETATION & SLS/BT 04/27/21 SIG, OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME LAND MANAGEMENT DEED NO. 8785 CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), a non-exclusive easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, bndholes, and including aboveground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: SCE EASEMENT: A PARCEL OF LAND LYING WITHIN THAT PORTION OF BLOCK 43 AND BROWN STREET (NOW ABANDONED), AS SHOWN ON THE TOWN OF SANTA ANA, AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, SAID PORTION IS ALSO DEPICTED ON RECORD OF SURVEY 84-1188, AS PER MAP FILED IN BOOK 110, PAGE 21 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF SIXTH STREET, WITH THE CENTERLINE OF SANTIAGO STREET, SAID INTERSECTION IS SHOWN ON SAID RECORD OF SURVEY 84-1188; THENCE ALONG THE CENTERLINE OF SAID SANTIAGO STREET, NORTH 26°04'21" WEST 477.84 FEET; THENCE LEAVING THE CENTERLINE OF SAID SANTIAGO STREET, NORTH 63°55'39" EAST 40.00 FEET TO THE NORTHEASTERLY LINE OF SAID SANTIAGO STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY LINE OF SAID SANTIAGO STREET, NORTH 26°04'21" WEST 59.16 FEET; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID SANTIAGO STREET, NORTH 63°55'39" EAST 15.25 FEET; THENCE SOUTH 26004'21" EAST 14.00 FEET; THENCE SOUTH 6Y55'39" WEST 3.02 FEET; THENCE SOUTH 26"04'21" EAST 18.86 FEET; THENCE SOUTH 63°55'39" WEST 4.37 FEET; THENCE SOUTH 26°04'21" EAST 26.29 FEET; THENCE SOUTH 63°55'39" WEST 7.87 FEET TO THE TRUE POINT OF ]BEGINNING. CONTAINING AN AREA OF APPROXIMATELY 651 SQUARE FEET, SEE EXHIBIT "A", SKETCH, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code, -- — --- ---- — 1-of 4 — D SE-802050276- T➢1369033 Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth Ell or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trine or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 20 GRANTOR CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California Signature Print Name Title 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 On before me, a Notary Public, 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 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) 2-of-4-DSE802050276 TD 1369033 EXECUTED this day of _ 20� GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name Title 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 On before me, a Notary Public, 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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltbeir 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) — DSE802050276 --- TD 1369033 LINE TABLE LINE # BEARING LENGTH L1 N26'04'21 "W 59.16' L2 N63'55'39"E 15.25' L3 S26'04'21 "E 14.00' L4 S63'55'39"W 3.02' L5 S26'04'21 "E 18.86' L6 S63'55'39"W 4.37' L7 S26'04'21 "E 26.29' L8 S63'55'39"W 7.87' BLOCK ,,, BLOCK \ ` SEE DETAIL THIS SHEET • BROWN STREET (ABANDONED) � \ - --SCE�EASEMENT \ TPOB I T N BLOCK 4� VOWN Off <�, \ SAN'TA ARIA F=A57 N.M.�0143 SCE EASEMENT \ �� ��� LOS ANGELES CO. cs A C� RECORD OF SURVEY 84-1188 R.S.110121 �\O TPOB �-� ` ORANGE CO. 1� �6 �rn \DETAIL A X 3 NOT TO SCALE c'�\ Cp LEGEND DENOTES SCE EASEMENT AREA PDC = POINT OF COMMENCEMENT TPOIB = TRUE POINT OF BEGINNING SKETCH EXHIBIT "A" SCE EASEMENT DSE I TD1369033 SIXTH \+ S TREE T POC 0 0 60 Page 4 of 4 scale 1 95= 60' feet