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6/14/76
RESOLUTION 76-6
A RESOLUTION OF THE HOUSING AUTHORITY OF
THE CITY OF SANTA ANA APPROVING THE
AMENDMENT TO AGREEMENT BETWEEN THE COM-
MUNITY REDEVELOPMENT AGENCY OF THE CITY
OF SANTA ANA, THE HOUSING AUTHORITY OF
THE CITY OF SANTA ANA, AND NATIONAL
HOUSING CONSULTANTS, INC., FOR THE SALE
OF LAND FOR PRIVATE REDEVELOPMENT PURSUANT
TO THE SANTA ANA COMMUNITY REDEVELOPMENT
PROJECT IN SANTA ANA, CALIFORNIA AND
AUTHORIZING THE CHAIRMAN TO EXECUTE THE
SAME.
BE IT RESOLVED, by the Housing Authority of the City
of Santa Ana that it hereby approves that certain "Amendment"
to Agreement between the Community Redevelopment Agency of the
City of Santa Ana, the Housing Authority of the City of Santa
Ana, and National Housing Consultants, Inc., for the Sale of
Land for Private Redevelopment pursuant to the Santa Ana Com-
munity Redevelopment Project in Santa Ana, California, "Form
dated June 15, 1976,"which Amendment is on file in the office
of the Executive Director of the Authority, and the Chairman
of the Authority is hereby authorized to execute said Amendment
on behalf of the Authority.
City
PASSED AND
of Santa A11a at
21st day of
ADOPTED by the Housing Authority of the
its Re~ular meeting held on the
June .,. 1976.
AYES:
Ward, Garthe,
Brandt
None
Yamamoto, Evans,
COMMISSIONER:
NOES:
COMMISSIONER:
ABSENT:
Ortiz
ATTEST:
COMMISSIONER:
~fUL
Manuel A. Rede
Executive Director/Secretary
I HEREBY CERTIFY that the foregoing Resolution was
duly and regularly passed and adopted at the Regular Meeting
of the Housing Authority of the City of Santa Ana held this
21s t day of June , 1976.
~ 0, fjJ~. -
Manuel A. Rede
Executive Director/Secretary
APPROVED AS TO FORM:
/~ ¿ç:;
Ke1th L. Gow, Hous1ng
Legal Counsel
Authority
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6/9/76
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AMENDMENT
AMENDMENT TO AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA, THE HOUSING
AUTHORITY OF THE CITY OF SANTA ANA,
AND NATIONAL HOUSING CONSULTANTS, INC.,
FOR THE SALE OF LAND FOR PRIVATE
REDEVELOPMENT æu UANT TO THE SANTA ANA
COMMUNITY REDE OPMENT PROJECT IN
SANTA ANA, CALI RNIA
For good and valuable consideration, receipt of which is
hereby acknowledged, the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF SANTA ANA, a public body corporate and politic (which together
with any successor public body or officer hereafter designated by
or pursuant to law, is hereinafter called 8Agency"), established
pursuant to Chapter 2 of the Community Redevelopment Law of the
State of California and having its office at 20 Civic Center Plaza
in the City of Santa Ana, State of California, and the HOUSING
AUTHORITY OF THE CITY OF SANTA ANA, a public body corporate and
fit
politic (which together with any successor public body or officer
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hereafter designated by or pursuant to law, is hereinafter called
"Authority"), established pursuant to Chapter 1 of the Housing
Authorities Law of the State of California, and NATIONAL HOUSING
CONSULTANTS, INC., a corporation organized and existing under the
laws of the State of California (hereina,fter called "Redeveloper")
and having an office for the transaction of business at 12735 Ventura
Boulevard, Suite 28, in the City of Studio City, State of California,
do hereby agree to amend that certain Agreement between the parties
dated January 19, 1976, entitled, "Contract for Sale of Land for
Private Development," as follows:
1.
It is agreed by the parties hereto that Section 2A
of said Agreement be amended to read as follows:
SEC. 2A CONVEYANCE OF EASEMENT TO SOUTHERN
CALIFORNIA EDISON COMPANY
Redeveloper agrees, subsequent to the conveyance
of the property by Agency to Redeveloper, to convey
to the Southern California Edison Company, a corpor-
ation, its successors and assigns, an easement and
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right of way for utility purposes in the form of deed
attached hereto and added to the Agreement as Attach-
ment No.5 (hereinafter referred to as "Grant of Ease-
ment") .
Redeveloper agrees to execute said Grant of
Easement and deliver the same to Safeco Title Insurance
Company prior to close of escrow as specified in Section
2.
Agency agrees to seek to have the City of Santa Ana
vacate an easement and right of way for utility purposes
("reserved easement") reserved in the form set out in
Resolution 76-143, attached hereto as Attachment 6, so
as to clear Redeveloper's title thereof.
Redeveloper and Agency agree to cause Safeco Title In-
surance Company to hold the Grant of Easement until the
City of Santa Ana has vacated said reserved easement,
and upon vacation thereof, to cause Safeco Title Insur-
ance Company to record and deliver the Grant of Easement
to Southern California Edison Company.
The Safeco Title Insurance Company shall buy, affix
thereto and cancel any transfer stamps required by law.
Escrow fees, if any, arising from this Section 2A shall
be paid by Redeveloper and Agency pursuant to and con-
sistent with the terms of Section 2 of this Agreement.
Safeco Title Insurance Company is authorized and
directed to pay and charge the Agency and the Redeveloper
for any fees, charges and costs payable under this
Section 2A, and deliver the Deed of Easement to Southern
California Edison Company at its offices located at
1325 South Grand Avenue, Santa Ana, California 92705,
and record said Deed if necessary or proper to vest
title to the easement and right of way in Southern
California Edison Company, all of which acts are to
be done in accordance with the provisions of Section 2A
of this Agreement.
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Any amendment to these escrow instructions shall be
in writing and signed by both the Agency and the Redeveloper.
Nothing contained in this Section 2A shall prevent the
closing of escrow as specified in Section 2.
3.
It is agreed by the parties hereto that Attachment
No.2, entitled "Legal Description of the Property," found in para-
graph 2 of the Amendment, is hereby amended so that the "Legal
Description of the Property" is subject to the following:
An easement, reserved by Resolution No. 75-143 of
the Council of the City of Santa Ana, four feet in
width, lying within that portion of Second Street,
60 feet wide, as shown on the map of the Tract
Addition to Santa Ana, recorded in book, page 30,
Record of Surveys, in the office of the Recorder of
said Orange County, the Northerly line of said strip
of land being described as follows:
Commencing at the intersection of the centerline of
First Street, 60 feet wide with the centerline of said
Birch Street as shown on the map of said Tract, thence
Northerly along said centerline of Birch Street, 339.71
feet, more or less, to its intersection with the Easterly
prolongation of the North line of said Second Street as
shown on the map of said tract; thence Westerly along
said prolongation a distance 30 feet to the intersection
of the North line of said Second Street and the West
line of said Birch Street, last said intersection being
also the true point of beginning; thence continuing
Westerly along said North line of Second Street to its
intersection with a line parallel with and distant 40.00
feet Easterly, measured at right angles from the center-
line of Ross Street (being 50 feet in width), as shown
on the map of said tract.
The above described easement is to construct, lay, in-
stall, use, maintain, alter, add to, repair, replace,
inspect and/or remove, at any time and from time to time
3.
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aerial and underground electric lines and communication
lines, consisting of poles, guys, and markers and other
fixtures and appliances, for conveying electric energy
to be used for light, heat, power, telephone and/or
other related uses, in, on, over, under and through as
the Southern California Edison company may require, as
provided in document recorded September 22, 1975, #21218.
4.
Except as hereinabove expressly amended, each and
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every provision of the Agreement for "Contract for Sale of Land
for Private Redevelopment," and the Amendment to said Agreement
dated April 29, 1976, shall be and remain in full force and effect,
and the parties do hereby ratify said Agreement and Amendment, as
hereinabove amended, as their Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement Amendment on the 24thday of
June
, 1976.
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
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BY~'J~'
Jo Ga t e, C aJ.rman
,1976
ATTEST:
~~-
Executive Director and
Recording Secretary
APPROVED AS TO FORM:
¡-á-I c:;
KeJ.th L. Gow
Agency Legal Counsel
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THE CITY OF
,1976
If
ATTEST:
.~~~(¡:&/fi~
Recording Secretary
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4IÞ Manuel A. Rede
Executive Director & Secretary
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APPROVED AS TO FORM:
tiff f. ç:
Housing Authority Legal Counsel
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IS
,1976
NATIONAL HOUSING CONSULTANTS, INC.
ATTEST:
By;~*~S:~~~h(.
ar es L. et s reS1 ent
.~~
Secretary
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SOUTlŒRiI CAUFOR:¡¡/\ WSD: COr,;PANY
ATTACHUENT NO.5
WIH::N nl:COnCEC MAIL TO
SOUTIIERN CALIFORNIA EDISON COMPANY
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GRANT. OF EASEMENT CCORPORATIONI
SPAC,", ADOVF: THIS LINE FOR RECOnCl:n'S USE-
CCï:UMEHIARY TrJ.~Sf[~ ax S None f no considerotion)
C-' J. If 1 . - .
c;..--.J.(~:"'..:...T ~~lj.e,(l.ð,~.~~:_£~~I~~I_.~~:
8IGNATUIU: 0,. DCC.."''''''NT o.r .U::'"£"'T DE:TCRMINlllu:; TAIL ..IRM ""...I0Il.
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- - NA:¡'IONAL HoUSn~r. CONSULTANTS. .INC.. 'a California corporation ,
.mQ)."TCt1I!X(hereinofter referrëd to os "Grontor"), hereby gronts to SOUTIIE~'< CALlFOR.'iIA EDISO:-¡ COMPANY, 0
. corpor3tion, its successors and assigns (hereinafter referred to as uGrantcc .'). an easement and fight of way to construct, use,
mointoin, operote, alter. odd to, repoir, repbee, reconstruct, inspect and remove ot ony time ond from time to lime
underground electricol supply systems ond communication systems (hereinafter referred to os "systems"), consisting of wires, '
undcfsround conduits. cabks, vaults. manholes, handholes, and incluåing abovc-!:round enclosures. JT13rkcrs and concrete
pods and, olher appurtenant fìxlures and equipment necessory or useful for àistribùting electrical energy and for Irrinsmitting'
inlelli~cnce by electricolme~ns, in, on, o\'er, under, across and along thot cerlOin real properly in the County of
Orange' ", State of California, described as follows:
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J-6713 ~
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4-9251-
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APII'''OVIltI:)
ow. LAND
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A strip of land four feet in width lying within that portion o~ Second
Street 60 feet wide, as shown on the map of The Park Tract Addition to
Santa Ana recorded in Book 1, Page 30, Record of Surveys, in the office
of the Recorder of said Orange County; the Northerly line of said stri~
of land being described as follows: .
'Commencing at the intersection' of the centerline of First Street 60 feet
w~de with the centerline of said Birch Street, as shown on the map of said
tract; thence Northerly along said centerline of Birch Street, 339.71 feet,
more or less to its intersection with the Easterly prolongation of the Ne>rth
line of said Second Street as shown on the map of said tract; thence Westerly
along said prolongation a distance 30 feet to the intersection of the north
line of said Second Street and the West line of said Birch Street, last sa1d
intersection being also the true point of beginning; thence continuing
Westerly along said North line of Second Street to its intersection with
a line parallel with and distant 40.00 feet Easterly, measured at right
angles from the centerline of Ross Street (being 50 feet in width), as
shown on the map of said tract. .
The Grantor agrees for ilself; it$ successors and ass¡[!IIs not to erect, ploce or maintain, nor to permit the erection,
placement or maintenance of any buiJàing. planter boxes, earth fill or other structures except wal!s and fences on the above
describe-d rC31 proPCrty. The Grantee. anà its contractors, agents and employees. 'shJIl have thc ri~t to trim or cut tree rooa
,as moy endon;er or interfere with soid systems and' sholl hove free access to said systems and every port thereof, at oll times,
for the purpose of ext:rcising the rights herein gramed; provided. however. th3t in makink! any excavation on SJid property of
the Grantor(s), the Grolltce shoil mokc the same in such a monner as ",ill couse the Icasl injury to the surfoce of the ground
around:s~~h excovation, ond sholl repiacc the eorth so removed by it arid restore the surface of .the ground to as near the same
conditi.ònos it "'as prior to such exca\'3tion as is practicable. .
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EXECUTED llús
day or
,19-
NATIONAL HOUSING CONSULTANTS. INC.
By
STATE OF CAlIFOR:-IIA,
COUNTY OF
}ss.
By
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. ATTACHMENT NO.6
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RESOLUTION NO. 75-143
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A RESOLUTION OF TIlE CITY COUNCIL OF TIlE
CITY OF SANTA ANA ORDERING TilE VACATION
OF SECOND STREET BET\VEEN BIRCH AND ROSS
STREETS AND TIlE El\ST-HEST ALLEY, SOUTH.
OF SECOND STREET' BETNEEN BIRCH AND ROSS
STREETS AND RESERVING AN El\SEMENT FOR
UTILITY PURPOSES .
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æIEREAS, on recommendation of the Department of
Public Works ~nd the Planning Commission of the City of Santa
Ana, Resolution No, 75-111 was adopted giving notice. of
intention to vacate Second Street between Birch and Ross Streets
and the East-\-Iest Alley, South of Second Street Between Birch
and Ross Streets; aÍ!d
WHEREAS, on September 15, 197?, a public hearing was
duly held on vacation of said street and alley on posted
notice and the publication of said Resolution No. 75-111.
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NOW, THEREFORE, BE IT RESOLVED that the City .Council
of the City of Santa Ana hereby finds that the abovementioned
street and alley is unnecessary for present or prospective.
street purpQFes and does hereby make its .order abandoning and
vacating for street purposes that. certain right of way loca te.d .
in the City of San'ta Ana, County of Orange, 'State of Calif-
ornia, described as follows: .
That portion of Second Street, 60 feet wide
as shown on the map of the Park Tract Addition
to Santa Ana, in the City of Santa Ana, recorded
in Book 1, page 30, Record of Surveys, in the
office of the County Recorder of said Orange
County, bounded on the East by the \Vest line of
Birch Street, 60 feet wide and bounded on the
West by a'line parallel with and distant 15
feet Easterly, as measured at right angles from
the east line of Ross Street, 50 .feet wide.
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ALSO, that portion of the. alley shown on the map
of sàid tract, bounded on the South by Lots 15,
17, 19, 21,23, 25, 27 and 29 at said tract;
bounded on the East by the í'lest line of Birch
Street, 60 feet wide; bounded on the West by a
line parallel with and distant 15 feet Easterly,
,as measured at right angles from the East line
.of Ross , Street, 50 feet wide; and bounded on the
North by Lots 14, 16, 18, the North. line of the
Southerly 5 feet. of Lot 20, Lots 22, 24, 26 and
28 of said tract. .
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, RESERVING &~ EASEMENT, four feet in width, lying
within that portion of Second Street 60 feet wide,
as shown on the map of the Park Tract Addition to
Santa Ana recordsd in Book 1, page 30, Record of
Surveys, in the office of the Recorder of said
Orange County; the Northerly line of said strip of
land being described as follows:
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RESOLUTION NO. 75-143
PAGE 'l'\~O
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Commencing at the intersection of the center-
line of First Street 60 feet ~lide with the
.centerline of said Birch Street, as shown on
the 'map of said tract; thence Northerly along
said centerline of Birch Street, 339.71 feet,
more or less to its intersection with the'
Easterly prolongation of the north line of '
said Second Street asshpwn on the map of
said tract; thence. Westerly along said pro-
longation a distance 30 feet to the inter- '
section of the North line of said Second'
Street and the West line of said Birch Street,
last såid intersection being also the true
point of beginning; thence continuing Westerly
along said North line of Second Street to its
intersectiçm with a line parallel with and
distant 40.00 feet Easterly, measured at right
angles from"the centerline of Ross Street.
(being 50 feet in width); as .' shown on the map of
said tract. ."
The above described easement is to construct
lay, install, use, maintain, alter, add to,
repair, replace, inspect and/or remove, at
any time and from time to time aerial and
underground electric lines and communication
lines, consisting of poles, guys, and markers
and other fixtures. and appliances, 'for con-
veying electric energy to be used for light,
heat, power, telephone and/or other related
uses, in, on, over, under and through as the
Southern California Edison Company may require.
BE Ir'FURTHER RESOLVED that pursuant to the provisions
of Section 5079 of the Public Resources Code of the State of
california, this Council does hereby: find and determine that
neither said portion(s) of said street nor parts thereof is
useful as bicycle paths or routes. .
of Santa
of
PASSED AND ADOPTED by
Ana at, its regular
September, 1975.
the City Council ,of the City.
meeting held on the 15th day
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-ATTEST:
ORIGINAL SIGNED BY
JQHN (;ARTHE
UAYOR .
1)~rGIN AL SIGN~D' BY
. FLORENCE 1. MALONE
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE) 55
CITY. OF SANTA. ANA )
,I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the fore-
going Resolution was introduced to.said Council at its
, regular meeting held on the 15th day of. Se~' .
. 1975, and' was at said meeting passed and adopted~e follow~ng
vote, to wit: . . . .
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RESO]"UTION NO. 75-143
PAGE TllRE£
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AYES,
COUNCILMEN:
Evans, Ward,' Bricken,
Yamamoto, Garthe
Ortiz,
NOES,
COUNCILMEN: Brandt
ABSENT,
COUNCILMEN: None
ORIGINAL SIGNED BY
CLERK OF
'ÞLORENCE I. MALONE
THE COUNCIL
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APPROVED AS TO FORM:
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KEITH L. GOW
'City Attorney
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. FLORENCE I. MALONe .
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