HomeMy WebLinkAboutORANGE, COUNTY OF (PACIFIC ELECTRIC RAIROAD)APAENT 5
GREE
REVENUE SHARING AGREEMENT
THIS AGREEMENT made and entered into thiqj�?/ day of
1974/, by and between the CITY OF SANTA,ANA, a chartered municipal
corporation, hereinafter referred to as "CITY" and the COUNTY OF
ORANGE, a division of the State of California, hereinafter refer-
red to as "COUNTY".
W I T N E S S E T H
WHEREAS, COUNTY has agreed to share some of its general revenue
sharing funds with cities, service areas and Parks and Recrea-
tion Districts; and
WHEREAS, the CITY has requested that one of these revenue sharing
projects be the acquisition of a Pacific Electric Railroad right-
of-way to be used for a bike trail; and.
WHEREAS, the Santa Ana Bike Trail will be a recreational facility
serving the southern area of Santa Ana with an approximate
population of 80,000 people; and
WHEREAS, CITY has adopted the General Plan Program of the city,
page 16, technical workbook 4 Facilities Plans/Implementations
Proposals, whereby the minimal park requirements are two acres
per one thousand population; and
WHEREAS, CITY has further delineated park and recreation lands
and facilities in its General Plan, page 19, workbook 4, existing
and proposed;
NOj+7, THEREFORE, FOR AND IN C0IN7SIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES
HERETO AGREE AS FOLLOWS:
I
The Bike Trail (5e9 acres) legal description is attached and
incorporated herein in its entirety for the purposes of this
agreement.
II
The parties hereto agree that the cost of acquisition for recrea-
tional use of the revenue sharing project site described in
paragraph I above -shall be equally divided between the CITY and
the COUNTY and the CITY shall pay 50% of the project cost, or
Thirty Two Thousand Five Hundred Dollars ($32,500), and the COUNTY
shall pay 500 of the project cost, with a ceiling price of Thirty
Two Thousand Five Hundred Dollars ($32,500) or a lesser amount,
if the CITY°S cost of acquisition after the date of the agreement
decreases. CITY shall be responsible for the cost of overhead,
operation and maintenance, such costs are not to be included in
thie joint funding agreement. Monthly payments by the COUNTY,
based on actual expenditures, shall be made upon tender of
2
invoices and proper documentation of accounting and with the
approval of the County Administrative Office.
III
The CITY'S source of funds for its share of the project cost
is derived from its participation in the Federal Revenue Sharing
Program.
IV
For the purpose of this agreement the acquisition of the Pacific
Electric Railroad right-of-way shall be completed no later than
June 30, 1975 and all funds received under this contract
shall be disbursed or encumbered on or.before that date.
V
CITY shall maintain proper accounting records and procedures
and other evidence pertaining to costs incurred which records
shall be kept available at the CITY'S office during the
agreement period and thereafter for five (5) years from the
date of final payment of county revenue sharing funds and
shall make said records available to the COUNTY for -the
purposes of auditing and that quarterly progress reports
shall be supplied by the CITY to the County Administrative
Office.
VI
CITY agrees that for acquisition projects appraisal services and
all other acquisition overhead, including title documents, shall
not be included in joint funding. CITY further agrees that
appraisals and preliminary title documents shall be approved
by COUNTY before lands are acquired.
3
'9
VII
The CITY acknowledges that funds being provided by COUNTY.
are funds received by the County of Orange pursuant to the
state and local Fiscal Assistance Act of 1972, Public Law
92-512, and that expenditure of these funds must be in
accordance with said law and regulations issued by agencies
of the federal government. CITY further acknowledges that
when such funds are used on any construction project for
which twenty five percent (250) or more of the costs are
paid out of revenue funds, prevailing wages must be paid in
accordance with the Davis -Bacon Act, as amended, 40 U.S.C.
276(a) and 276(a)(7), and in compliance with labor standards
as specified by the Secretary of Labor. CITY further agrees
that any federal funds which are expended improperly by the
CITY shall be refunded to the COUNTY.
VIII
No person shall, on the basis of race, color, national origin,
or sex, be excluded from participation in or be denied the
benefits of, or be subject to discrimination under, any program
or activity funded in whole or in part with funds made
available under this agreement.
Ix
CITY agrees the projects under this program must be retained
for public parks, recreation or open space purposes, along
with the level of operation and maintenance adequate to insure
the maximum utilization of the project by
4
the public for recreation purposes and that the use of the
property shall be granted to all residents of the County on
the same conditions that residents of CITY use the property
and that if the property ceases to be used for said purpose
by CITY, CITY ,shall -repay to COUNTY the sum contributed by
the County in this agreement.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement this day and year first above written
ATTEST:
COUNTY OF ORANGE
B�WD OF SUPERVISORS
7. ST JOHN
�2WTUAM
, (P (4 -
Clerk of the Board of
�Chairman
Supervisors
AS, TO FOP
ATTEST:
CITY OF SANTA ANA,
a municipal corporation
A
CLERK OF THE COUNCIL
Mayor
APPROVED AS -FOR'M--
James A. With
City Attorney
5
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AVE.
DESCRIPTION
All of those certain strips of land, situated in the City of Santa Ana, County of
Orange, State of California as conveyed to the Pacific Electric land Cozy, by
H.E. Huntington recorded as Document No. 396 on January 6, 1911 in Book 195, Page
83 in the office of the County Recorder of said County described as follows:
All those certain lots, strips, pieces and parcels of land, situated in the City
of Santa Ana, County of Orange, State of California as conveyed to H.E. Huntington,
by the following named grantors by conveyances recorded in the office of the
County Recorder of said Orange County as hereinbeloa set forth, to which con-
veyances, and the record thereof, reference is hereby had for a further descrip-
tion.
1. Jessie Lee Toler, Book 139, Page 315 of Deeds,
2. C.H. Sessions, et ux., " 139, " 58 " If
Excepting all that portion thereof conveyed by H.E. Huntington, Trustee,-ta S.M.
Smith, et ux., by deed recorded on Page 165 of Book 139 of Deeds, in the Office
of the County Recorder of said Orange County.
3.
S.M. Smith, et ux.,
Book 139, Page 115 of Deeds,
4.
Robert H. Reynolds, et ux.,
"
139,
"
27
" "
5.
W.J. Hole, et ux.,
if
139,
"
303
"
6.
S.D. Wester, et ux.,
Book 138,
Page 368 of Leeds,
7.
W.J. Hole, et ux.,
139,
"
305
" "
8.
Charles W. Lash, et ux.,
139,
"
64
" "
9.
John Luerm, et ux.,
`°
139,
"
91
10.
-John LaU m., et ux.,
"
139,
"
290
11.
Florentin C. Little, et con.,
"
158,
"
383
•' "
12.
R.H. Quincey,
'°
159,
"
31
13.
F.E. Tomlinson, et ux.,
139,
"
254
"
14.
F.L. Chaffee, et con.,
of
158,
it
385
It t'
15.
Robert C. Hiatt,
155,
334
" It
16.
J.G. Launer, et ux.,
155,
"
232
" it
17.
J.H. Maley, et ux.,
„
139,
237
" "
18.
Milton Reeler, et ux.,
"
139,
"
235
" It
19.
Sarah C. Talbert,
„
155,
"
175
„ °,
20.
H.J. Boatman, et a1.,
„
155,
"
40
" "
.21.
W.J. Hole, et ux.,
°'
139,
"
310
" "
22.
Benjamin W. Elliott,
"
139 ,
"
177
" "
23.
A.H. Cheney, et al.,
139,
"
19
„
24.
M.N. rlewmark, et al.,
°'
156,
21
25.
E.H. Stone, et ux.,
"
139,
"
242
„
26.
Los Angeles Inter -Urban Ry. Co.,
°f
155,
142
"
27.
John Lueim, et al.,
°'
155,
°'
140
28.
Frank H. Green, et ux.,
139,
213
"
29.
Vhi C. Young,
"
139,
"
130
°' it
30.
Truman Berry, et ux.,
155,
„
358
31.
Jacob Stern et ux.,
159,
151
"
32.
Jacob Stern, et ux.,
159,
".
156
"
33.
Jacob Stern, et ux.,
159,
159,
"
34.
Anaheim Union Water Co.,
155,
"
242
"
35.
Orange County 'Title Co., Trustee,
150,
"
54
It °°
Subject to such easement for a street or road crossing over a portion of the land
conveyed by said last mentioned deed as was conveyed by said H.E. Huntington, Trustee,
to the City of Santa Ana, by deed dated September 29th, 1909.
36.
Eliza J_ Cordell,
Book 161, Page 155 of Deeds,
37.
Maria C. Fill,
" 161,
154 " "
38.
Walter A. Stafford, et ux.,
�� 159, "
207 „
39.
A. Wallis Maguire, et ux..,
159,
210
40.
Frank Wakeham,
159, 11
213
41.
A. Otis Birch, et ux.,
159,*
216 "
42.
D.G. Cole, et ux„
159, "
219 "
Subject to such easements for streets or roads over portions of the land conveyed
by above mentioned deeds numbered 38 to 41, both inclusive, as were conveyed by
said H.E. Huntington, Trustee, to the City of Santa Ana, by deed dated November
llth, 1908.
43. Southern California Sugar Co., Book 160, Page 148 of Deeds,
44. Charles A. Andres, et ux., " 159, 225 'T
45. Jamws McFadden, " 159, " 222 " "
Excepting those portions thereof conveyed by said H.E. Huntington, Trustee, to
James McFadden, by deeds dated May 28th, 1909 and November 7th, 1910, respectively,
and subject to such easements for streets or roads as were conveyed by said H.E.
Huntington, Trustee, to City of Santa Ana, by deed dated November llth, 1908..
46. Janes McFadden,
Book 174, Page 253 of Deeds,
Excepting that portion thereof conveyed by said H.E. Huntington, Trustee, to
'Tames McFadden, by deed dated November 7th, 1910.
47. A.T. Goodwin, Trustee,
48. A.L. Reed, et ux.,
49. J.N. Hearn, et al.,
50. H.S. F.adsall, et ux.,
51. W.T. Newland, et al.,
52. S.H. Finley, Trustee, et al.,
53. A.H. Clute,
54. David Brush, et ux.,
55. Henry Neill, et ux.,
56. Fred Hinze, et al.;
57. Catherine E. £1easor,
58. Delhi School District,
59. S.H. Finley, Trustee,
60. Southern California Sugar Co.,
61. Southern California Sugar Co.,
Book 159, Page 330 of Deeds,
°'
174,
"
115
"
"
"
160,
"
190
"
159,
,e
334
n
.,
"
160,
195
"
174,
117
"
"
174,
"
119
Book
174,
Page
256
of Deeds,
of
174,
"
258
"
"
IT
174,
"
260
"
"
"
174,
262
"
"
174,
-"
210
"
"
"
174,.
:".
216
"
"
1591
364
"
"
k�cepting those portions thereof conveyed by said H.E. Huntington, Trustee, to H.E.
Talbert, by deed dated May 28th, 1909, and by said H.E_ Huntington, Trustee, to
Samuel E. Talbert, by deed dated May 28th, 1909.
62. Southern California Sugar Co., Book 174, Page 251 of Deeds.