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Home My WebLink AboutCORPORATE TERRACE MAINTENCE ASSOCIATION 1-2006 . INSURANCE NOT REQUIRED WORK MAY PROCEED C.1.ERK Cf COUNCIL DATE:\"): PWA. Doilen (}I\.dr Ly) . /- 30-07 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: II N-2006-l26 CITY OF SANTA ANA CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA POST OFF1CE BOX 1988 SANTA ANA, CA Qn02 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 1111111 11111111111111111111111111111111111111111111111111111111111111111111 NO FEE 2007000061792 03:21pm 01/30/07 11611 E01 A12 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 t'KH: RtlOJWINU KbQUl.:S ['l.:.U PLRSLANT TO UOV1!RNMENT ('ODI~ SITTION 6103 ~ '1\ EASEMENT DEED AND AGREEMENT FOR MAINTENANCE OF STREET / ,W' \'J This Easement Deed and Agreement ("Street Maintenance Easement Agrccment") is entered into this _~__ day of _~-pJ::.:__. , 2006, by and bctwcen the undersigned, Corporate Terrace Maintenance Association, a California non-profit mutual bendit wrporation ("Grantor") and the City of Santa. Ana., a. charier city a.ml municipal corporation of the Slate of Califomia ("City"). 1. RECITALS A. Grantor is the owner of certain real property located at Hotel Terrace in the City of Santa Ana. COWIty of Orange, State of California ("Property"). Said Property is more particularly described in Exhibits A and B, attached hereto a.nd incorporated herein by reference. B. Grantor has agreed to grant to City certain rights to the Property for the maintenance, repair, replacement an<lIor removal of the Street surface. 2. GRANT Of EASEMENT For valuable consideration, receipt of which is hereby acknowledged, Grantor, for it,di" and its successors and assigns, hereby grants to the City, its successors and assigns. a non-exclusive street surface easement covering curb/gutter to curb/gutter, curb to curb, solely encompassing the street surface and not including the adjacent sidewalk areas and/or curb cnts. Exhibit A, attached hereto and incorporated herein by reference, i~ the legal description that depicts the "Easement Area", as does Exhibit B the Site Map, a:tached hereto aml incorporated herein by rekrellce. Exhibits A :.lIlLl B depict the Easement Area granting access to the City for the maintenance, repa'l" and replacement of the street surface ("Easement"). INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE:O' pwA. OeOlfJn C/.I'""'r Ly) /- 30-07 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: N-2006-126 CITY OF SANTA ANA CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CA 92702 I-'KE.E RECORUING Kl:.()Ul:Sll~lJ PURSUANT TO CiOVI~R.NMENT CODE SITT10N 610.1 EASEMENT DEED AND AGREEMENT FOR MAINTENANCE OF STREET This Easement Deed and Agreement ("Street Maintenance Easement Agreement") is entered into this _~__ day of _~t.__ , 2006, by and between the undersigned, Corporate Terrace Maintenance Association, a California non-profit mutual bendit corporation ("Grantor") and the City of Santa Ana, a charIer city amI municipal corporation of the State of CaIifomia ("City"). I. RECITALS A Grantor is the owner of certain real property located at Hotel Terrace in the City of Santa Ana, COWlty of Orange, State of California ("Property"). Said Property is more particularly described in Exhibits A and B, attached hereto and incorporated herein by reference. B. Grantor has agreed to grant to City certain rights to the Property for the maintenance, repair, replacement and/ur removal uf the Slreet surface. 2. GRANT Of EASEMENT For valuable consideration, receipt of which is hereby acknowledged, Grantor, for itself and its successors and assigns, hereby grants to the City, its successors and assigns, a non-exclusive street surface easement covering curb/gutter to curb/gutter, curb to curb, solely encompassing the street surface and not including the adjacent sidewalk areas and/or curb cuts. Exhibit A, attached hereto and incorporated herein by reference, is the legal description that depicts the "Easement Area", as does Exhibit B the Site Map, attached hereto and incorporated hcreiu by reference. Exhibits A and B depIct the casement Area granting access to the City for the maintenance, repair and replacement of the street surface ("Easement"). 3. PERMISSIBLE ACTIONS OF CITY This Easement shall allow the City to maintain. repair and replace the street surface. The City shall also be allo\ved to construct maintain, operate, replace, remove. and renew sanitary se\\'ers and storm Jrains and appurtenant structures, and, pursuant to any' existing franchise or rcnc\vals thereof. or otherwise. to construcL maintain. operate, replace, remove. renc"'" and enlarge lines of pipe, conduits. cables, wires. poles. and other convenient structures. equipment and fixtures for the operation or gas pipelines. telegraphic and telephone line, railroad lines. and for the transportation or distribution of electric energy. petruleum and its products. ammonia. and water, and for incidental plllVOSCS. including access to protect these \vurks from all hazards in. upon, and over the area of the Ilotel Terrace Easement Area hereby granted. The City also reserves any casements for thc City's storm drain facilities and the Orange County Sanitation District sewer trunk facilities. MorclIver, irthcre arc any in-place public utility facilities that are in use, tht: City reserves an easement and rights necessary to maintain, operate, replace, remove or renew the public utility facilities. 4. GENER^L PROVISIONS 4.1 In the event that any term or condition contained herein is hcld to be invalid. void or illegal by any court of cumpetentjurisdiction. the same shall be deemed severable from the remainder of this Street Maintenance casement Agrt:cmenl and shall in no way affect, impair or invalidate any other term or condition contained herein. 4.2 This Street 1\1aintenance Easement Agreement has been executed and delivered in the State ofCaliliJrnia aIllI the validity. interpretation. pertilfmance. and ent(lfCement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County. California. shall be the venue for any action or proceeding that may be brought or arise out of, in connection \vith or by reason of this Agreement. 4.3 The parties intend and agree that all terms and L:umlitiul1s set forth herein relate to the repair. maintenance or improvement of the Easement Area and shall run \\'ith the land for such purposes. 4.4 Urantor warrants and covenants that it has the right to convey to City this Easement. and shall indemnifY the City fully. including reasonable custs and atturney's fees. for any. injuries or damages to the City in the event that such authOlity or pOvver is not, in l~lct, held by the :-;ignatory or is \.vithdr3\.\/I1. 4.5 All Exhibits referenced herein and attached heretu shall be incorporated as iffully set forth in the body of this Agreement. 2 IN WITNESS WHEREOF, the parties have executed and delivercd this Street Maintenance Easement Agreement as of the date first set forth ahove. GRANTOR: Corporate Terrace Maintenance Association BY:~~ Name: jJ ;'" CA--f"-"~{(.' I' Ille: Gr~/lL r"-f Y\1 "'''''':5~'''' ATTEST: CITY OF SANTA ANA a charter city and municipal corporation ~~ City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By .'1i,~ ( ~ Lisa E. Storck, Assistant City Attorney 3 FORM OF ACCEPTANCE Government Code Ii 27281 This is to certify that the intcrcst in real property conveyed hy the Easement from Corporate Terrace Maintenance Association to the City of Santa Ana, a charter city and municipal cop oration organized under the Constitution and laws of the State of California, is hereby accepted hy the undersigned officer on behalf of the City of Santa Ana pursuant to authority conferreu by the City Council of the City of Santa Ana by Ordinance No. NS-2352 adopted on J Wle 2, 1998, and the Grantee consents to recordation thereof by its duly authorized officer. David N. Ream, City Man gel City of Santa Ana STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On ~ter...W dl , 200~, before me, l:xtnt-l\ rnuu.cio , personally appeared"fn, l;p c.o.r'Y\~ne.. t~_ and , pemeHally 13lB"'R t? me (or proved to me on the hasis of satisfactory evidence) to be the person(81whosc name(l<) (is) (are) subscribed to the within instrument and acknowledged to me that (he) (;;heJ(they) executed the same in (his) (hett(lhcir) authorized capacity\ieSJ. and that by (his) (her1 (llleif) signaturc\Bron the instrument the persor*!, or the entity upon behalf of which the person{!() acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ({)j~ fYU~ Notary Public in and for said State 1------~_ADl-, a D;OHEU t1llltMJO _ ComrnlUlOn(JI16102<t6 I' "'*"V1'ublIc.C_ I - - - ~~~~~~ Exhibit "A" Legal Description A portion of Hotel Terrace Drive in the City of Santa Ana, County of Orange, State of California, being a portion of Lot A shown as Corporate Terrace on Parcel Map 79M908 filed in Book 151, Pages 26 through 28 of Parcel Maps, Records of said Orange County, described as follows: Beginning at the intersection of the centerline of said Corporate Terrace and the centerline of Dyer Road as shown on said Parcel Map; thence North 00 33'49" East along said centerline of Corporate Terrace 56.00 feet to a point on the north line of said Dyer Road, said point being the True Point of Beginning; thence along said north line South 89" 05' 26" East 36.57 feet to a point on a non~tangent curve concave northeasterly, having a radius of 35.00 feet, a radial line to said point bears South 400 25' 38" West thence northwesterly along said curve through a central angle of 50' 08' 11" an arc length of 30.63 feet; thence North 0' 33' 49" East 31.94 feet to the beginning of a curve concave westerly, having a radius of 200.81 feet; thence northerly along said curve through a central angle of 19' 10' 25" an arc length of 67.20 feet to the beginning of a reverse curve concave easterly, having a radius of 239.11 feet; thence northerly along said curve through a central angle of 19' 10' 25" an arc length of 80.02 feet to the beginning of a compound curve concave southeasterly, having a radius of 251.70 feet; thence northeasterly along said curve through a central angle of 45" 00' 00" an arc length of 197.68 feet; thence North 45' 33' 49" East 179.88 feet to the beginning of curve concave northwesterly, having a radius of 340.00 feet; thence northeasterly along said curve through a central angle of 45' 00' 00" an arc length of 267.04 feet; thence North 0" 33' 49" East 142.74 feet to the beginning of a curve concave southeasterly, having a radius of 300.00 feet; thence northeasterly along said curve through a central angle of 45" 00' 00" an arc length of 235.62 feet; thence North 45" 33' 49" East 52.99 feet to the beginning of a curve concave southeasterly, having a radius of 300.00 feet; thence northeasterly along said curve through a central angle of 43" 56' 07" an arc len9th of 230.04 feet; thence non-tangent to last said curve South 88" 36' 16" East 211.49 feet; thence North 89" 29' 56" East 80.00 feet to the beginning of a curve concave northerly, having a radius of 480.00 feet; thence easterly along said curve through a central angle of 8" 00' 00" an arc length of 67.02 feet; thence North 81029' 56" East 34.08 feet to the beginning of a curve concave southwesterly, having a radius of 35.00 feet; thence southeasterly along said curve through a central angle of 590 32' 14" an arc length of 36.37 feet to a point on the west line of Grand Avenue as shown on said Parcel Map, said west line being 50_00 feet west of the centerline of said Grand Avenue, a radial line to said point bears North 51" 02' 09" East; thence North 0" 33' 13" East 46.84 feet along said west line of Grand Avenue to said centerline of Corporate Terrace; thence continuing along said west line North 00 33' 13" East 38.23 feet to a point on a non-tangent curve concave northwesterly, having a radius of 35.00 feet, a radial line to said point bears South 490 55' 43" East; thence southwesterly along said curve through a central angle of 41 0 25' 39" an arc length of 25.31 feet; thence South 81' 29' 56" West 79.16 feet to the beginning of a curve concave northerly, having a radius of 480.00 feet thence westerly along said curve through a central angle of 8' 00' 00" an arc length of 67.02 feet; thence South 89" 29'56" West 47.48 feet; thence South sr 36' 08" West 211.49 feet to a point on a non-tangent curve concave southeasterly, having a radius of 340.00 feet, a radial line to said point bears North 0' 30' 04" West; thence southwesterly along said curve through a central angle of 43" 56' 07" an arc length of 260.72 feet; thence South 450 33' 49" West 52.99 feet to the beginning of a curve concave southeasterly having a radius of 340.00 feet; thence southwesterly along said curve through a central angle of 45' 00' 00" an arc length of 26704 feet; thence South 0' 33' 49" West 142.74 feet to the beginning of a curve concave northwesterly having a radius of 300.00 feet; thence southwesterly along said curve through a central angle of 45" 00' 00" an arc length of 235.62 feet; thence South 45' 33' 49" West 223_33 feet to the beginning of a curve concave southeasterly, having a radius of 248.25 feet; thence southwesterly along said curve through a central angle of 45000' 00" an arc length of 194_98 feet to the beginning of a compound curve concave easterly, having a radius of 297.11 feet; thence southerly along said curve through a central angle of 19'" 10' 25" an arc length of 99.43 feet to the beginning of a reverse curve concave westerly, having a radius of 142.81 feet; thence southerly along said curve through a central angle of 190 10' 25" an arc length of 47.79 feet thence South 00 33' 49" West 31.16 feet to the beginning of a curve concave northwesterly, having a radius of 35.00 feet; thence southwesterly along said curve through a central angle of 50049' 41" an arc length of 31.05 feet to a point on said north line of Dyer Road, a radial bearing to said point bears South 38" 36' 30" East; thence along said north line South 89" 05' 26" East 46.89 feet to the True Point of Beginning. Containing an area of 2.07 acres, more or less. All as shown on Exhibit "8" attached hereto and made a part hereof. I jt-/tl(-, / I Date Lee J. LS 5683 . . . . . 0 ;..,;......... "'''' :-'~ .. 0"; 0'"' 7..... z... .--- ------ -'-- .~ _n_n_n_n_n_.._.._ ______. --r.'..,..~~~.~ ----IT :~ I ..,..,.~. .~~ ~1. ~'~~~~ .. 1 .- r~. ,.,~N.., ~N ! '>..,.~ I n:.....~_ni \ \\ 0 ~ L.._n_._n_._._n_..L ._n_n_n_.._n_.._n-r_n_nj ! "..,.'~ I' \ .'. ;. CJ) j .'\ 0 ~~ ~::: LU' i . .... ~ e:::! ' <C. 'l"~" ;~ 0 i 10 ~ .~. . - ~~ .<( LU <( . Ln_.._nJ a:: '. .... t-- ~ 1 '. e::: 0 .. ' a::. -nl... <( C"i ~~ !!i)-wi ~-. a .-..-....;,~. , ~,,'" 1 ..... j 'l.. C\."-. . ~'" ~ ~ i z ~. . ", ,~ , '''l~~ ~; ! ..,~..,J, 'I <>:.~ --! '<~'-n .. .. -' . ." ! 0 ~--........._.--. ..._.i_.._n_.._.__l._._~'~~'~.._.._.._.._.._.._..L.._..-.--.. ~~.__._.._',,~ ::-::.." .. ON _N ._.._.._.._______.._n____.._.._.._.._.._.._n_.._.._.._n_..____u_ --..-..-..-..- .- . ( .OOl '" .. ~ : 31,JS) ~) m I:: m - :r: >< w f . o .. .. . . . . 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IN Kl-':l)l:tSTH\(; PROCESSII\GOF AGIH.,'!-,\.HNIS rOH THLCITY: " AGREEMENT NUMBER (IF AMENDMENT): 11"m AMENDMENT NUMBER (II' APPLICAGLI'.): n/"nv . COUNCIL APPRO V AL DATE: 1fW71-Ji-- AMOUNT: D OVER ~ I 0,000 X No AMOUNT NAME or CONSULT ANT: CORPORATE TERRACE MAINTENANCE ASSOCIATION TERM OF AGREEMENT: No TERM INSURANCE REQUIRED: X NO DYES U ATTACHED D IN PROGRESS n AUTO U CGL (Commercial General Liability) D PROFESSIONAL DWORKERS COMPENSATION LIABILITY (I;'I/S. APPROV AT, REQUIREU BY CAO PRIOR TO SIIBMITTING TO COTC) SIGNATURES REQU1R~D: X VENDOR X CITY ATTORNEY o o AGENCY (UNDER 510,0(0) OTlIER COMMENTS:_Eascmenl Deed and Agreement has already been signed by the vendor. Please nhtain signatures and provide conformed copy for me to take to County Recorder's uffice to record, Thanks, , /!u.t ':C~aC.t {a.il,'JrV ,vi \)665>vJ;/~ ~Vh-U:/"j '0 N'tl.-7 );;., ~~t:'f'./. Q/YJ ~/~ ~ . ,2f2~ /-J(J-(}7 ()~ (M~ j!wcI k~~'