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HomeMy WebLinkAboutRIVERA, NARCISO A. AND LANDAVERDE, ROSA ELVIRA (DEED NO. 8899) Recorded in Official Records, Orange County Commonwealth Land Title Company Hugh Nguyen, Clerk-Recorder, II NO FEE When recorded, please mall this $ R n n s 3 s 5 z $ instrument and tax statements to: 202400033508510:14 am 12126/24 Clerk of the Council 440 EX26A E01 8 City of Santa Ana 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 20 Civic Center Plaza,M-30 Santa Ana,California 92701 Free recording requested by THE CITY OFSANTA ANA PER __,_SPACE ABOVE THIS LINE FOR RECORDER'S USE DOVERNMEN r CODS SECTION I13� CANCEL APPROVED AS APPROVED BY DESCRIPTION 11P.SCW710N A,P M MAP PROJECT TAXM TO FORM BY DIRRCTOR WRITTEMBY CHBCHED•QK. NUMBER408-335.17 NUMBER NUMBER ATTY. X 1305 W, Saint Anne Place, Santa Ana, CA 92707 DFEpNOMBEA TEMPORARY CONSTRUCTION EMSEMENT "This conveyance transfers realty to an exempt governmental agency. R&T 11911.14 2024-330-02 FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, NARCISO A. RIVERA ;sand ROSA ELVIRA LAN,. v , husband and wife as Joint tenants ("GRANTOR'), Does hereby Grant to the CITY OF SA AWNa charter City and,municipal; corporation duly organized under the Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY"), Its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County of Orange, State of California, which is described on Exhibit "C"" (legal description) and depicted on Exhibit "D" (plat to accompany legal description), which are attached hereto and made a part hereof(the"Property"), upon the terms set forth below. 1. Purpose.This TEMPORARY CONSTRUCTION EASEMENT("TCE")Is for the purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, Its successors and assigns, the power to perform all activities necessary for the construction and completion of the Project, inclusive of Ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's Property. 2. Term, GRANTOR agrees that the term of the TCE shall be for a period of 18 months, and shall commence when the CITY issues a notice of commencement of construction to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall automatically terminate and be of no further force and effect. 3. Release. For valuable consideration, as set forth in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release and fully discharge the CITY and each of Its predecessors and successors, and all of their officers, directors, members, employees, agents, contractors, assignees, and representatives,from any and all claims, demands, damages, causes of action, costs, and expenses (including, without limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or' potential, foreseen or unforeseen, fixed or contingent, arising from or In any way connected with the construction or use of the PROJECT ("Claim"), including, without limitation, any Claim suffered by reason of the theories of impairment of access, Inverse condemnation, property damages, loss of Income and/or goodwill, and relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise. GRANTOR understands and agrees that the release contained herein shall not be deemed or construed as an admission by the CITY of any liability of any kind to GRANTOR. Rivera who acquired tittf, formerly known as Rosa Elvira Landaverde Commonwealth Land Title Company When recorded, please mall this instrument and tax statements to: Cleric of the Council City of Santa Ana 20 Civic Center plaza,M-30 Santa Ana,California 92701 Free recording requested by TI-IF CITY OFSANTA ANA PER ._-_SPIKE ALCOVE THIS LINE FORRECORDBR'S USE GOVERNMENT CODE SECTION 64%, CANCEL APPROVEDAS APPROVED BY hHSCRIPTION D"CRIPTION A.P. MY MAP PROJECT TAXES To FORM BY DIRECTOR WRITTF.NRY CHECRED-OX NUMBJ$R 400-33,5-17 NUMR8R NUMBER ATTY. x 1305 W. Saint Anne Place, Santa Ana, CA 92707 =DEEDMISFR �� �✓ �JS TEMPORARY CONSTRUCTION EASEMENT .�D 00 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NARC ISO A. RIVERA ,�;and ROSA ELVIRACSMTIANA,�, husband and wife as joint tenants ("GRANTOR"), Does hereby Grant to the CITY OF a charter City and,municipal; corporation duly organized under the Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY"), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property In the City of Santa Ana, County of Orange, State of California,which is described can Exhibit "C" (legal description) and depicted on Exhibit "D" (plat to accompany legal description), which are attached hereto and made a part hereof(the "Property"), upon the terms set forth below. 1, Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, its successors and assigns, the power to perform all activities necessary for the construction and completion of the Project, Inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's Property. 2. Term. GRANTOR agrees that the term of the TCE shall be for a period of 18 months, and shall commence when the CITY issues a notice of commencement of construction to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall automatically terminate and be of no further force and effect. 3. Release, For valuable consideration, as set forth in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release and fully discharge the CITY and each of Its predecessors and successors, and all of their officers, directors, members, employees, agents, contractors, assignees, and representatives,from any and all claims, demands, damages, causes of action, costs, and expenses (including, without limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of the PROJECT ("Claim"), including, without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, property damages, loss of Income and/or goodwill, and relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise. GRANTOR understands and agrees that the release contained herein shall not be deemed or construed as an admission by the CITY of any liability of any kind to GRANTOR. Rivera, who acquired title- formerly known as Rosa Elvira Landaverde 4. Special Provisions. The Special Provisions attached hereto as Exhibit "E," if any, are hereby incorporated, and made a part of this Agreement by this reference. In the event of any conflict or inconsistency between this Agreement and the Special Provisions, the terms of the Special Provisions shall prevail. 5. Miscellaneous. It is mutually stipulated and agreed by and between GRANTOR and the CITY hereto that this TCE contains the whole agreement between them as of this date and that any amendments or modifications thereto must be in writing and signed by the parties. The provisions of this TCE shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. /Vr9 az Executed this day of pG oh-e r , 2©Z NARCISO A. RIVERA and ROSA ELVIRArY�M?Y, husband and wife as joint tenants era Printed:_UARCISO A. RIVERA, an individual Nye N No,(-c; 0 P,V 0-.�a '�,�v��a Printed: ROSA ELVIRA L �Q /ll , an individual Rivera V� CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of V/ y� On OG4�lot, 73 74 v before me, r�c.,nH � 6�v(fll r`r'ri�S �i��[ c ,tiv try Date �] Here Insert Rome and Title of the Officer personally appeared A )D-r`c�50 f'IPreJo 'I.e.rr\ c rn 4Se^ LLN-cr. VVrG, Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be t erso s whose name's is ar bscribed to the within instrument and acknowledged to me that he/sh the xecuted the same in his/he /the' authorized capacity ies) and that by his/he thei ignatur (6s on the instrument the persoes or the entity upon behalf of whit e persorcted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 1%MyEtDWlMNALEiANDROFLORfS paragraph is true and correct. aWryPublic•CaliforniaorangeCountyWITNESS my hand and off[cial seal. mission#248f275 Comm.Expires Feb 5,202E � Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02019 National Notary Association I;XIHBIT `C' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES--AP No.408-335-17 BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIF,ORNIA, SAID STRIP BEING A PORTION OF LOT 20 OF TRACT NO. 2209,PER MAP RECORDED IN BOOK 64,PAGES 25 AND 26 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHERLY.LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE INTERSECTION OF ST. ANNE PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE,ALONG SAID CENTERLINE OF ST. ANNE PLACE,NORTH 8 8"13'46"WEST, 159.86 FEET; THENCE,PERPENDICULAR TO SAID CENTERLINE,NORTH 1°46'14"EAST,30.00 FEET,TO A POINT ON THE SOUTH LINE OF SAID LOT 20, SAID POINT BEING ON A NON-TANGENT CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 95.00 FEET,A RADIAL LINE OF SAID CURVE RUNNING'THROUGH SAID POINT HAVING A BEARING OF SOUTH 20°21'47"EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE,NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9"05'55"TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY,WESTERLY,AND NORTHERLY,HAVING A RADIUS OF 43.00 FEET; THENCE,EASTERLY, SOUTHERLY,AND WE, ALONG SAID CURVE AN ARC DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242027'52"TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 95.00 FEET; THENCE,NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9°05'55"TO A POINT IN THE NORTH LINE OF LOT 17 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. THE NORTIERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE EASTERLY IN THE EAST LINE OF SAID LOT 20 AND SOUTHWESTERLY IN THE SOUTH LINE OF SAID LOT 20. Page 1 of 2 CONTAINING AN AREA OF 279 SQUARE FEET,MORE OR LESS, ALL AS SHOWN ON EXHIBIT `B',ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS,RESERVATIONS, EASEMENTS OF RECORD,AND RIGHTS OF WAY,IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON � �� r SEPTEMBER 24, 2015 ANTHONY C. CUOMO,PLS 6042 �t�4ny Cuomo Na. 42 Page 2 of 2 EXHIBIT'D' o 0 0 o � � Z II Il 1 1 ry Q' -a I I pti rq� 6 IL t~ 4 o �Dod j � i • � CD r ® I r) nJIO J0J -2 � 1 p MZ C 0i fU O Q VC o N 4 4 4 II (. 70Z ❑ LaZa® u W IL 0 o raw » u U u U It U pL a HziLo -w IL. g? to '1SNC1Q a 0 in mm� �• 04 a 1 IL X4l r © � - - u 0 S L U I 0 0 F"" I N 13° 59' 04" E RAD S 10° 26' 27" E RAD v to In C%j cr I z Q in © U <1 N N (V 1 co 0 oil n a I-- P. R. C. P. R. C. z p .e a a ,Qn 'Q ,Qd 'OC Q I a z S2Q° 21' 47" E RAD "�T 9 ° QN N23° 54' 14" E RAT] w z W a r, z`'¢ co lI 0 � SUn w ui r ttt za o x z�na CU 0 Jam¢n CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Temporary Construction Easement dated October 23, 2024 from Narciso A. Rivera and 'f oreY4 Rosa Elvira , husband and wife as joint tenants, to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: Da e City Manag Alvaro Nunez Date ty Clerk fifer .. Hall Y"" CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of V 1 On N Off eXYI`OP.1� Zo) �ZLi before me, Lv I G PLA b I 1 c- Date Here Insert Name and Title of the Officer personally appeared I�I Vam N UA Z Name(s)of Signer(s) 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 EVELYN"'AR paragraph is true and correct. Notary P001-California "F Orange County #� Commission a A4$446H WITNESS my hand and official seal. aty Comm.i xplres May 3,2028 Signature Place Notary Seal and/or Stamp Above Si na re of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee © Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02019 National Notary Association