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Home My WebLink AboutMETROLINK (SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY) (2)A - ?, cc>3 - 005 A I)PY it (a RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Southern California Regional Rail Authority Attn: Francisco Oaxaca 700 South Flower Street, 26th Floor Los Angeles, CA 90017 Fee Exempt Recording (Government Code §6103) This Agreement is entered into on , 2004, by and between City of Santa Ana, a municipal corporation of the State of California (hereinafter referred to as "GRANTOR"), and the Southern California Regional Rail Authority, a body corporate and politic (hereinafter referred to as "GRANTEE"). A. GRANTOR is the owner of certain real property located within Lincoln Avenue between Eighteenth Street and Seventeenth Street, in the City of Santa Ana, County of Orange, State of California, as is hereinafter described as the Subject Property. The Subject Property is more particularly described in Exhibit "A-1 " attached hereto and made a part hereof. B. GRANTEE plans to acquire property rights and construct improvements for the operation of a second main track immediately adjacent to and west of the existing single railroad track from approximately La Veta Avenue in the City of Orange and south to Seventeenth Street in the City of Santa Ana. Construction would include 1.8 miles of second main track, a second railroad bridge over Santiago Creek, construction of a barrier along the east side of Lincoln Avenue and any necessary utility relocations (hereafter referred to as the "PROJECT"). C. GRANTOR and GRANTEE have entered into that certain unrecorded Settlement Agreement dated January 6, 2003, which in part requires GRANTOR to transfer an easem,nt over certain real property to GRANTEE for the PROJECT. 1. The GRANTOR hereby grants to the GRANTEE an easement and right of way to establish, construct, reconstruct, operate, maintain and use railroad trackage and related or incidental uses (hereinafter collectively referred to as "railroad"), through, on and along that certain real property (hereinafter referred to as "Easement Area") described and depicted in "Exhibit A-1 " attached hereto and made a part hereof. The term "related or incidental uses" is limited to the construction of improvements and/or - 1 - Agreement A changes made to the Easement Area required to efficiently and effectively provide railroad use. To have and to hold unto the GRANTEE for the object and purpose of constructing, reconstructing, operating, maintaining and using thereon a railroad and appurtenances thereto. GRANTEE's railroad easement and right-of-way shall be exclusive over the surface of the Easement Area. 2. The parties to this Agreement anticipate that the GRANTEE's needs and requirements relating to the use of the easement granted in this Agreement may change in the future as a result of technological improvements and/or economic conditions. Consequently, the parties agree that GRANTEE's use of the easement for railroad transportation may change, and that GRANTEE may change or increase GRANTEE's use of the easement to accommodate and facilitate the "related or incidental uses" as described herein, provided that -any new use does not unreasonably increase the burden on the servient tenement and the easement continues to be used for railroad use. 3. By acceptance of this Easement Agreement, GRANTEE agrees that this grant is subject to the following express limitations: a. No construction shall be commenced within said Easement Area without prior written notification to the Executive Director of Public Works of the City of Santa Ana or designee (hereinafter referred to as "DIRECTOR") and, if necessary, a permit for construction has been issued by GRANTOR. GRANTOR agrees that such application for permits shall be: reviewed within a reasonable time following receipt thereof, and that approval will not be withheld without good cause. b. GRANTEE shall have the right to undertake work on gutters, curbs and sidewalk as may interfere with said improvements. However, excavation shall be made in such manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements (including without limitation to gutters, curbs and sidewalks) and/or landscaping around such excavation damaged shall be promptly restored by GRANTEE (including, if necessary, re -striping of Lincoln Boulevard) at its sole expense to the same condition as existed prior to excavation and improvement, to DIRECTOR's satisfaction. c. All improvements constructed or placed in the Easement Area by GRANTEE shall be operated and maintained at no cost to GRANTOR and GRANTEE shall maintain said improvements in a good state of repair. d. GRANTEE shall hold GRANTOR harmless from any loss for damages resulting from the inadequacy of the design, construction, operation and/or maintenance of any permanent or temporary improvements constructed by GRANTEE within the Easement Area. GRANTEE shall indemnify, defend with counsel mutually accepted by 2 .. Agreement A GRANTOR and GRANTEE, and hold GRANTOR, its elected and appointed officials, agents, officers and employees harmless from any and all penalties, liabilities, or losses resulting from claims or court action arising directly or indirectly out of any damage or injury to persons or property by reason of the actions or omissions of the GRANTEE, its employees, agents, and/or contractors in exercising any of the privileges herein granted or in consequence thereof. e. GRANTEE covenants for itself, its successors and assigns that should GRANTEE file for abandonment or discontinuance of service of the rail line with the Surface Transportation Commission (or other applicable regulatory authority), and complies with all applicable laws, rules and regulations, and said abandonment or discontinuance is approved, and Grantee thereafter ceases to use this easement for a continuous period of eighteen (18) months for the purposes stated herein, then all rights granted in this easement shall terminate. GRANTEE upon written request shall execute and deliver to GRANTOR a Quitclaim Deed to all rights granted herein at no cost to GRANTEE. f. GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs or is discovered as a result of GRANTEE's use of the Easement Area, then GRANTEE shall indemnify, defend and hold GRANTOR, and its elected or appointed officials, officers, employees, and agents,harmless from any and. all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, consultant fees, and expert witness fees) which arise during or after GRANTEE's use of the Easement Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by GRANTOR in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material in the soil and/or ground water in, on, or under the Easement Area, but only to the extent that GRANTOR's liability for said costs arises solely out of its mere ownership of the Easement Area. GRANTOR is not, by the provisions of this paragraph, released from any liability which would otherwise be imposed by law for GRANTOR's release, disposal or placement of Hazardous Material in the soil and/or groundwater in, on, or under the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary, to clean, remove, and restore the Easement Area to its condition prior to the introduction, if any, of Hazardous Material by GRANTEE, provided that GRANTEE shall first have obtained GRANTOR's written approval and any necessary approval from appropriate governmental agencies. As used herein, the term "Hazardous Material" means any substance, material, or waste which is or becomes, regulated by the State, or the United States, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," -3- Agreement A "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6,5 (Hazardous Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article I I of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY David R. Solow Chief Executive Officer CITY OF SANTA ANA DAVID N. REAM City Manager. Agreement A APPROVED AS TO FORM: JOSEPH W. FLETCHER, City Attorney 11 31 --, / �-- Be lam' aufm istant CiVy Attorney LLOYD W. PELLMAN, County Counsel Helen Parker, Principal Deputy County Counsel Principal Deputy County Counsel Attorneys for Southern California Regional Rail Authority -5- Agreement A STATE OF CALIFORNIA) ) ss COUNTY OF ) ACKNOWLEDGEMENT On , 2004, before me a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA) ss COUNTY OF ) Signature ACKNOWLEDGEMENT On , 2004, before me a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature WON Agreement A 5 SHEET I OF 4 SHEETS PARCEL 3 TRIANGULAR SLIVER IN LINCOLN AVENUE, NORTH OF SEVENTEENTH STREET, CITY OF SANTA ANA THAT PORTION OF LINCOLN AVENUE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALITORNIA, LYING WITHIN LOT 7 OF THE DERICOT TRACT AS PER MAP FILED IN BOOK 1, PAGE 95 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE. SOUTHERLY LINE OF SANTA CLARA AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY) AS SHOWN ON TRACT 4528 AS PER MAP FILED IN BOOK 162, PAGES 3 AND 4 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 88°57'04" WEST, 13.53 FEET ALONG THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE; THENCE SOUTH 01000'27" WEST, 1279,82 FEET; THENCE SOUTH 01°02'07" WEST, 49,99 FEET TO THE BEGINNNG OF A NON -TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 17,180.23 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 88°54'33" EAST; THENCE SOUTHERLY, 190.59 FEET ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 0038'38"; THENCE SOUTH 01046'56" WEST, 49.99 FEET; THENCE SOUTH 01048'36 WEST, 524.45 FEET TO THE CENTERLINE OF LINCOLN AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'48'36" WEST, 466.02 FEET TO THE EASTERLY PROLONGATION OF THE NORTH LINE OF SEVENTEENTH STREET AS SHOWN ON PARCEL MAP AS PER MAP FILED IN BOOK 49, PAGE 27 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 88°47'46" EAST, 6.99 FEET ALONG SAID WESTERLY PROLONGATION TO SAID CENTERLINE OF LINCOLN AVENUE; THENCE NORTH 00057'03" EAST, 466.00 FEET ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROL)ND DISTANCE DIVIDE GRID DISTANCE BY 0.999981722. CONTAINS 1628 SQUARE FEET MORE OR LESS. CALVIN LYOS3IIIT ICE LS 5622 IL4EXPIRES 7 /22, /20c, <{- DATE CA01N L Y4 H1TAK� EXP. JUNE 3Q,z No. 5822 WaniceI2',janice data',d-h la'.fr1i'Jincoln 2nd main trk deliverable 072304'PARCEL3 LINCOLN,doc EXHIBIT "A SHEET 2 OF 4 SH{ LINE TABLE LINE BEARING LENGTH L1 N88'57'04"W 13.53 L2 SSB'47'33"E 1.1 J L3 588'47' 6"E 8-98 L4 $68'+47'46"E 6.99 US S01'46'56 49.99 L6 501'0207"7W 49.99 r JQr,Ico Dsto FR6!\tlmc n 7,fd mnln Irk\Calc Janann\Nrporll'l,vAPI^W.. nK/�* rn, ASPEN AVENUE FU BOLT SPIKE f PER CL TI S I I � FOU PER CSAT8 + j SANTA CLAR—AA VENUE I FD BOL eo^,,. t.-lq- - __. I I I I� BUFFALO AVENUE ► 58902 5 E, 0.24 M 4 Ic U nj J � I SSANTA CLARA AVENUE 588'57'04"E e38.03' CL ESTAB PER r 4328 CSAT8 10/104 c'sti@o ID a fir, CT sole 0.e�� ow _L4 SCALE 1' o i4 PYHIRIT "A_1" N CHL[NE SHEET 3 OF 4 SHEEN FD 1' IP LS 2210 S59'02'57'E, 0.151 CATALINA AVENUE FD 10 IP LS 22101 S89'02'57"E, 0.12' m . N h La J S88-54-33"E (R � TWENTY FIRST ST w , w Z L� z °I ff f TIR.% ;ntlu 59 II ., SCALE 11 100' �ppANWY7V1^= Mid FD 1" 1P LS 2210 FD 1.5" 1P RE 501 S88'47'33"E, 0.08' TWENTIETH STRE ET CI i J Fil SPK & C5A T I PER CW,8 10/179 1 y ' � I z [I as -41 V+ 4� fD MOTE: SEE SrlM 2 FOR IFBL D COLRSES I �l �- k4ATCr"-JNE t :EE SHEEN 4 EXHIBIT "A•1 JANICE DATA\FRH lncclr xnc molr trk\chic dwovn\Itnpo1V]-PAP3A.awl� 05Z01 j0s r J " SHEET 4 OF 4 SKEtTS MLTvHLINE SEE SHEET 3 J � NINETEENTH STREET M SPK do SA TA , PER CSATB 1U/173 SB9'02'S7"E, 0.12' n g' SCALE 1 " 100' W $' EIGHTEENTH STREET �I�'' IL FD SPK do CSA TAI PER ;.SAT33 9/155 $89'02'574E. 0.14 03 n I �n C.T.A. R/W m 4 � ry z I CEL 3 I J RIAN UL-AR SLIVER IN UNCOLN !! 0 NORTH OF SEVENTf7EHTH I J � 1-1/2"-IP tS 221 G --i `k CL ESTAB PER CSAT9 '• 9/183 FR CSA WELL MON V NTIENTH STREET N88'3i'Q4'VY 1 N88'47'48^W 1304.73' FD SPK dC CS4 W spw & wnsHER 1 P Efi CSATB 1 /z57 W ; i z I a� 0 1 z; <' < %Q—E: SEE Sj-,EE71 2 FOR TABLED COURSES E LL j I.JQnfte pats F"1H ' Ircoln ind mnlr. i-x\Cola �cn&rn�knvarl llnPARNR de.q " 01 G1 __ EXHIBIT "A-1" __