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HomeMy WebLinkAbout25J - OCTA AT GRADE RAIL SAFETY ENHANCEMENT PROJECT REQUEST FOR m~,®.~ COUNCIL ACTION ~ ` CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 3, 2010 TITLE: APPROVED ? As Recommended ACQUISITION OF RIGHT OF WAY FOR O As Amended THE OCTA AT-GRADE RAIL SAFETY ? Ordinance on 1S` Reading ? Ordinance on 2"d Reading ENHANCEMENT PROJECT ? Implementing Resolution (PROJECT 091745) ? Set Public Hearing For CONTINUED TO FILE NUMBER CIT MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached acquisition agreement, subject to non-substantive changes approved by the City Manager and City Attorney, with John M. Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. Dated July 1, 1987, for the purchase of a portion of the property located at 1701 E. McFadden Avenue the amount of $28,500. DISCUSSION On October 20, 2008, City Council approved a cooperative agreement with Orange County Transportation Authority (OCTA) for the At-Grade Crossing Enhancement Program at ten crossings in the city. Improvements include medians, roadway signing and striping, pedestrian gates and other vehicular gate enhancements. OCTA is the lead agency for this project and the City matches 12 ' percent of the costs and is responsible for acquiring the right-of-way on OCTA's behalf. The purpose of this program is to enhance railroad safety and make the streets and roads safer for the community. One of the railroad crossings to be enhanced as a result of this program is at Seventeenth Street. To install the improvements at this crossing, OCTA determined that acquisition of 416 square feet will be required from the property at 1701 E. McFadden Avenue. The compensation amount is the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT A Notice of Exemption and Categorical Exemption -Class 1 (f): Safety Protection Devices (ER # 2008-159) has been prepared for the project and is consistent with both of these agreements. 25J-1 Acquisition of Right-of-Way OCTA At-Grade Rail Safety Program May 3, 2010 Page 2 FISCAL IMPACT Funds for the City's share of the costs are available in Select Street Construction, Measure M Street Construction program (accounting unit 03217660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: ~1, , Raul Godinez II Francisco Gutierrez Executive Direct Executive Director Public Works Agency Finance & Management Services Agency RG/SA Exhibit 1: Agreement 25J-2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on I~, 201 0, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and the Mitchell family Trust and the Lyle B. Mitchell Trust (hereinafter "Seller"), regardless of number or gender; THEREFORE for and in consideration of their mu#ual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property") legally described and depic#ed as follows: SEE EXHIBIT "A" -Legal Description and EXHIBIT "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1701 E. McFadden Avenue, Santa Ana, Ca) Said purchase and safe of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance b S~ eller. Seller agrees to convey Said Real Property to City, by Grant Deed, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveved. (a) The Seller's interest to the Real Property will be conveyed to City by Seller by Grant Deed as set forth in Exhibit "C" to this PSA. {b) Seiler agrees to convey to City a Temporary Construction Easement (hereinafter "TCE") as described in the attached Exhibit "A-1" and depicted on the attached Exhibit "B." The TCE is also described in greater detail in Exhibit "D," the TCE Deed, attached hereto and by this reference made a part hereof 3. Proaerty Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and Taxation Code of the State of California. Ail unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 4 Aavment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of Twenty-Seven Thousand Four Hundred Seventy and No/100 Dollars ($28,500.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the settlement amount of Twenty-Six Thousand and No/100 Dollars ($26,000.00) to Seller, and Two Thousand Five Hundred and No/100 Dollars ($2,500.00) to Said Real Property's Lessee, Rosendo Villa, Sr., compensation for the improvement impact, payable to Lessee per Seiler, within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seiler has marks#able title to Said Real Property. 6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. 25J-3 7. Possession, Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Asslpns, Successors-in-interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 10. Time Is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of possession to the area described In Exhibit "A-1", "B" and "D" to perform the work described in Paragraph 25. However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48-hour prior written notice to perform the cons#ruction items listed in Paragraph 25 below, The right to use the property shall continue in effect for a periad of six (6} months. All efforts shall be made to complete the described work within the proscribed period of time; however, extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period delineated above, and the occurrence is verified through the contractor orCity/State project inspection logs, the Buyer agrees to pay at the rate of $133.33 per month, prorated to the actual date of Buyer's termination of use. It Is further understood that in no event shall the Buyer's use of the property exceed the early of either the term of the TCE described above or the project completion date. 12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, In the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: Mitchell Family Trust Lyle B. Mitchell Trust 8961 Ernest Fulsom Drive Garden Grove, CA 92841-4606 13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue{s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 14. Exairation of Agreement. This PSA shall terminate and become unenforceable by any Party if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to Seller before March 15, 2010. 15, Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon {i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the 25J-4 Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or - transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act pos# close of this escrow. 16. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in foil force. 18. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 19. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 20. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (inform and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 23. A Ilcabili of A reement To Asst Haas. This PSA shall b u~- ~ g g e bindin u on and shall i g p nure to the bene it of # he successors and assi ns of the g Parties to this PSA. 24. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify Cify fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, In fact, held by the signatory or is withdrawn. 25. Construction Contract and Curative Work. {a) It is understood and agreed by and between the parties here#o in addition to the compensation shown in Paragraph 2 hereinabave, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: NONE. 25J-5 (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the Property: i. Landscaping 26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Date: 2, ~ / 9 - , 2010 Jo M. itchell Trustee Date: , 2010 Darla R. Mitchell, r tee CitylBuyer City of Santa Ana Date: , 2010 David N. Ream City Manager Attest: Date: , 2010 Maria D, Huizar City Clerk Approved as to Form: . Joseph W. Fletcher City Attorney Date: ~ ` at e~-- , 2010 Jo San oval aging Senior Assistant City Attorney 25J-6 7 Coast Surveying, Inc. July 9, 2003 EXHIBIT "A" LEGAL DESCRIPTION MCF-PCL-1 THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED 1N BOOK 2, PAGE 618, MfSCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITGHELL, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 15, 1974 1N BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE NORTH 90°00'00" WEST 30.00 FEET; THENCE NORTH 44°48'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50°00'00" EAST 21.36 FEET TO THE POINT OF BEGINNING. CONTAINING 206 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9'h DAY OF JULY, 2008. • ~ ANO S, ~P I)EC ~V~rti ~..~o GWEN-VERA DEL CASTILLO, PLS 5108 ~ f_.S. 5i08 p ~ REGISTRATION EXPIRES 6130109 ~ EXP. 6/30/09 ~ OF CAL~FO Jn 1070G9-04 Santa Ana MCF-PCL-V 1 25J-7 o \ ~'o ti~ ~ ~ s ~ P~f~° ~©1>I d ~ ~4/A11~~~G~D Qfn~iD ~NJ~4a~l 5 \ '~f~QC~4 Guy°~a~°%1. ~ / ~ s• ~ \ I N' LY LINE 11057/905 O.R. 3 6 2 P.O.C. w T.C.E. w ~ T.C.E. z a o J d- McFADDEN AVENUE ~ BEARING DISTANCE 1 S50 ° 00' 00" E 21. 36' 2 N90° 00' 00" W 30. 00' 4 N44° 48' 36" E 23. 90' TEMPORARY CONSTRUCTfON 5 S50 ° 00' 00" E 5. 02' EASEMENT 6 S44° 48' 36" td 19. 35' JOB ;1 are: 7 07 08 CQ,Q S / SURVEYING, INC. SCALE; 1 =20 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT ~soat PARKWAY LOOP, SUITE B HEET 1 OF 1 7USTIN, CA 92780-6527 (714) 9f8-8266 ...\MCF-PCL-1.dgn 7/9!2008 1:37:44 PM 25J-8 Coast Surroeying, Inc. July 9, 200$ EXHIBIT "A" LEGAL DESCRIPTION LYN-PCL-2 THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 68-034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SA{D COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY LINE OF LYON STREET (30 FOOT HALF WIDTH}; THENCE ALONG SAID EASTERLY LINE SOUTH 00°00'00" WEST 27.67 FEET; THENCE NORTH 45°25'36" EAST 20.68 FEET; THENCE NORTH 00°25'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHtSON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50°00'00° WEST 19.24 FEET TO THE POINT OF BEGINNING. CONTAINING 210 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9~' DAY OF JULY, 2008. ~ ~ ANp S OEL C ~~G GWEN-VERA DEL CASTILLO, PLS 5108 ~ L.S. 5108 ~ REGISTRATION EXPIRES 6/30/09 ~ EXP. 6/30/09 ~F CA1.~~0 Jn 107069-04 Santa Ana LYN-PCL-2 1 25J-9 NO~ANDY PI.A~_ _ \ I O \ c c0 I \ I ~ \T ~ w ~ S~ o P.O.C. ~ ~ h ~ T.C.E. 2 \ ~ ~ ~ 7 \ 30' 30' ~ 1 3 j T. P. 0. B. S' T.C.E. 6 5 ® TEMPORARY CONSTRUCTION EASEMENT POo 100 ~ BEARING DISTANCE ~~Q~[~OO G°~© /,~1(~JD 4~~ i~Of}~ 1 N00° 00' 00" E 27. 67' ~G~Q~4 ~°G°3°L~°Q° ~~~4~3 2 S50 ° 0 0' 0 0 " E 19. 24' D~~° ~°0~~3 O°G~° 3 S50° 00' 00" E 5. 58' 4 S45° 25' 36" lJ 26. 69' 5 N00° 00' 00" E 7. 02' 6 N4S° 25' 36" E 20. 68' JOB DATE: 7 D7 08 C~~ S / SURVEYING, INC. SCALE: 1 =20 15031 PARKWAY LOOP, SUITE B HEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780-6527 (714) 918-626b ...1LYN-PCL-2.dgn 7/9/2008 1:41:21 PM 25J-10 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CTI'Y OF SANTA ANA PER SPACE ABOVJ? THIS LINE FOR RECORDER'S USE GOVERNMENT CODE SECTION 6103. Exhibit "C" CANCEL APPROVED AS TO APPROVED DY DESCRIP7I0~7 DESCRIPTION A,P. RAY AL1P PROJECT TAXES FORbf Dl' ATTY. DIRECTOR ~1RI776NBY CIIECKEP•O.K NUMBBR 4112-U42-01 NUAffiER Ni1diBER X PoAion of 1701 B. McFadden Aveauo, Santa Ana, CA DEED NtniBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John M. Mitchell and Daria R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided % interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust initially created August 25, 1988, as to an undivided'/ interest. Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duty organized under the Constitution and laws of the State of California, easement for publicright-of-way purposes in, on, over under, and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1701 E. McFadden Avenue, described as follows: SEE EXHIBITS "A"AND "B° ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; For: The Mitchell Family Trust & Lyle B. Mitchell Trust Dated By: John M. Mitchell, Trustee Dated By: Darla R. Mitchell, Trustee State of California County of ~ On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wi#hin Instrument and acknowledged to me that he/shelthey executed the same in hislher/their authorized capacily(ies), and that by hislher/their signature(s) on the Instrument the persons}, 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 paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 25J-11 Coast Suraeying, inc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION MCF-PCL-1 THAT PORTION OF LOT J OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF "ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES ESCRlBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED COUNTY, AS D 8 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE UARY 25 198 JAN , DER OF SAID COUNTY DESCRIBED AS FOLLOWS: TY RECOR OF THE COUN BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED 70 THE CITY OF SANTA ANA, RECORDED JANUARY 15, 1974 IN 800K 11057, PAGE 905, OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE NORTH 90°00'00" WEST 30.00 FEET; THENCE NORTH 44°48'36" EAST 19.35 FEET 70 SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50°00'00" EAST 21.36 FEET TO THE POINT OF BEGINNING. CONTAINING 206 SG~UARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 91h DAY OF JULY, 2008. ~ ANf1 S, DES, c'~'~~~ ~v~~ ~~~Q~- ~ GWEN-VERA DEL CASTILLO, PLS 5108 ~ L.S. 5108 p ~ REGISTRATION EXPIRES 6130109 ~ EXP. 6/30/09 9>~ ~F ~ 0~2 CA Jn 107069-04 Santa Ana MCF-PCL-I 1 25J-12 o c,~ \ ~'o ti~ ~ ~ `9~ ~ ~S tih \~~S? ~ ~`I~GQG f~OO 1~DD Q t~©4NJ~4~f~ 5 \ DO~° ~IOo ~~Oo ~~9~3 00 1 ~ ~ ~ ~ ~ N' LY LINE 11057/905 O.R. 3 6 2 P.O.C. T, C. E. ~ ~ T.P.O.B. ~ T.C.E. z 0 o J d' ^ ~ McFADDEN AVENUE ~ BEARING DISTANCE 1 S50°00' 00"E 21. 36' 2 N90 ° 00' 00" W 30, 00' ® 3 N90° 00' 00" W 7, 05' 4 N44° 48' 36" E 23, 90' TEMPORARY CONSTRUCTION 5 S50 ° 0 0' 0 0" E 5. 0 2' EASEMENT 6 S44° 48' 36" W 19. 35' JOB Are: 7 07 08 C~~Q,~T SURVEYING, INC. SCALE: 1 =20 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT ~5oae PARKWAY LOOP, sulTe e HEFT 1 OF 1 TUSTIH, CA 92780-6527 (714) 9t8-6266 ...1MCF-PCL-1.dgn 7/9/2008 1:37:44 PM 25J-13 Coast Sur~~eying, Inc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION LYN-PCL-2 THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, iN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE SOUTH 00°00'00" WEST 27.67 FEET; THENCE NORTH 45°25'36" EAST 20.68 FEET; THENCE NORTH 00°25'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50°00'00" WEST 19.24 FEET TO THE POINT OF BEGINNING. ~ CONTAINING 210 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9th DAY OF JULY, 2008. LAND- S 4'`~~~~~ DEt, c,~s'~~~ - LO LS 510 L.S. 5108 ~ ~ GWEN VERA DEL CASTIL , P 8 REGISTRATION EXPIRES 6130109 ~ EXP. 6/30/09 ~F; ~Q~ Ofi CA~1F Jn 107069-04 Santa Ana LYN-PCL-2 l 25J-14 N0~ f0Y PLA~~ _ -----r \ r \ I o~, ~ ' ~o II \T w ~ `S.~ ~ ~ II o P.O.C. ~ ~ ~ T.C.E. 2 I ~ 7 \ 30' 30' h 1 3 ~ T.P.O.B. s' T.C.E. 6 5 4 ® TEMPORARY CONSTRUCTION EASEMENT p~G~° I~Oo~' d BEARING DISTANCE ~~('Q~~®I~DD QG`Jl®SPM~II~~I 1 N00° 00' 00" E 27, 67' Sf(~QC~~ ~"~°~eQo 2 S50 ° 0 0' 0 0 " E 19. 24' ~0 li~l~o ~~~j~~ O°G~o 3 S50° 00' 00" E 5. 58' 4 S45° 25' 36° tJ 26, 69' S N00° 00' 00" E 7, 02' 6 N45° 25' 36" E 20. 68' 7 N00° 25' 39" E 0, 79' roe 7- OATE:.7 07 08 COAST SURVEYING, 1NC. SCALE: 1 =20 15031 PARifWAY LOOP, SUITE 8 SHEET 1 OF 1 R1G1-IT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 7USTIN, CA 92780-6527 (714) 918-8266 ...\LYN-PCL-2.dgn 7/9!2008 1:41:21 PM 25J-15 When recorded, please mall this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M•36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AOENCY(lES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RfWtv1AP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED•O.K NUMBER NUMBER NUMBER al?z-oas-of. Portion of 1701 E. McFadden Avenue Santa Ana CA Exhibit "D" TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John M. Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided interest, and Lyle B. Mitchell, Trustee of the Lyie B, Mitchell Trust Initially created August 25, 1988, as to an undivided % Interest. Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, , a temporary easement for purposes incidental to construct the proposed improvements to 1701 E. McFadden Avenue, in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of Cal{forma, as described and depicted on "Temporary Construction Exhibits'A1' and'B', which is attached hereto by reference and made a part hereof. This permission is granted subject to the following conditions being fulfilled by Cily: (A) Additional construction parameters within the Temporary Construction area will be as follows: , (B) During construction of driveway approaches, access fo the business wilt be maintained at all times. In some cases, construction of one- i half of a driveway approach at a lime maybe required. At no time, the contractor shall block access to the business during construction. (C) City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any properly, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the City is liable in the exercise of the rights herein granted. it Is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry of owner's property by City's contractor. In the event' that actual use extends beyond 6-months, and said use is verified through the City's/State contractor log, the City shall pay the owner at the rate of $133.33 per month prorated to the actual date said use terminates. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than August, 2011. Date; , 2010 By: By: By: John M. Mitchell, Trustee By: Darla R. Mitchell, Trustee STATE OF CALIFORNIA }ss. COUNTY OF 1 On ,2010, before ms, personally appeared ,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 capaGty(ies), and that by his/her/theft signature(s) on the instrument the person(s) or the entity upon behalf of which the parson(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct. Signature SIGNATURE OF NOTARY PUBLIC PLACE NOTARY SEAL ABOVE 25J-16 i Coast Surveying, Inc. Jtdy 9, 2008 EXHIBIT "A-1" LEGAL DESCRIPTION MCF-PCL-1 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT N0. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED iN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE NORTH 90°00'00" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 44°48'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50°00'00" WEST 5.02 FEET; THENCE SOUTH 44°48'36" WEST 23.90 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE; THENCE ALONG SAID NORTHERLY LINE NORTH 90°00'00" EAST 7.05 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 108 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9th DAY OF JULY, 2008. ~O LAND S ~ f .-f ~v~~J~P DEl, C~~G~.c GWEN-VERA DEL CASTILLO, PLS 5108 ~ L.S. 5108 ~ REGISTRATION EXPIRES 6/30/09 ~ EXP. 6/30/09 4 OF CA1.~F0 Jn !07069-04 Santa Ana ~1CF-PCL-I TCE 1 25J-17 . c~ \ ~'o ~ ~ \~T ~ ~S \~'S' ~ PCc~G~° 1004 ~J \ 4G°3QC~`~ X11°~"f~"GQ° ~ / ~ s. 5 \ D©6e a0o ° Uo °G~° ~ 4 1 I \ - - - ~ - N' LY LINE ~ 11057/905 O.R, 3 g 2 P.O.C. T.C.E. ~,.1 I a T.P.O.6. T.C.E. z 0 o J d' I~ McFADDEN AVENUE ~ I I BEARING DISTANCE 1 S50° QO' 00" E 21, 36' 2 N90 ° 00' 00" W 30, 00' ® 3 N90° 00' 00" W 7, 05' 4 N44° 48' 36" E 23. 90' TEMPORARY CONSTRUCTION S S50° 00' 00" E S. 02' EASEMENT 6 S44° 48' 36" W 19, 35' JOB SCALE: 71 07208 C0,4 ST SURVEYING, INC. RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 75031 PARKWAY LOOP, suirE e HEFT 1 OF 1 TUSTIN, CA 92780-6527 (714) 918-6286 ...1MCF-PCl.-1.dgn 7/9/2008 1:37:44 PM 25J-18 Coast Surveying, Jnc. July 9, 2008 EXHIBIT "A-1" LEGAL DESCRIPTION LYN-PCL-2 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT "J" OF THE STAFFORD AND 7USTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY LINE OF LYON STREET (30 FOOT HALF WIDTH}; THENCE ALONG SAID EASTERLY LINE SOUTH 00°00'00" WEST 27.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 45°25'36" EAST 20.68 FEET; THENCE NORTH 00°25'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50°00'00" EAST 5.58 FEET; THENCE SOUTH 45°25'36" WEST 26.69 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF LYON STREET; THENCE ALONG SAID EASTERLY LINE NORTH 00°00'00" EAST 7.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 120 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THlS 9th DAY OF JULY, 2008. 0 ~ ANO S . ~,~'~J~P DEL C~~GF 0 GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108 a ~ REGISTRATION EXPIRES 6/30/09 ~ EXP. 6/30/09 ~ 04 r7F. CA~~ ~I I I~ Jn 107069-04 Santa Ana LYN-PCL-2 TCE 1 25J-19 ~ N0~ R~~OY PE` Air _ 4 OC ~ ~'o ~ \ i q w ~ s,~ w ~I o P.O.C. ,yh ~ T.C.E. 2 ! ~ 7 30' 30' ~ 1 3 T, P.O.B. s' T,C.E. 6 5 4 ® TEMPORARY CONSTRUCTION EASEMENT pOo G~° L~Oo ~t ~J BEARING DISTANCE ~ 4~Qf~f~Oo Gip Q(v1© ~'NJ~40b 1 N00° 00' 00° E 27. 67' ~(~G°a~U ~oG°3°~°Q° 2 S50 ° 00' 00" E 19. 24' ©O~o U~1~° 3 S50° 00' 00° E 5. 58' 4 S45° 25' 36" td 26. 69' 5 N00° 00' 00° E 7. 02' 6 N45° 25' 36" E 20, 68' 7 N00° 25' 39° E 0, 79' .roe DATE: 7 07 08 COjq S / SURVEYING, INC. SCALE: ~ =2fl 15031 PARKWAY LOOP, SUITE B HEFT 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUST[N, CA 92780-6527 (714) 91s-s2es ...1LYN-PCL-2.dgn 7/9/2008 1:41:21 PM 25J-20