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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (28) When recorded, please mail this Cf Recorded in Official Records, Orange County instrument to: Hugh Nguyen, Clerk-Recorder Clerkof Council Citytyof Santa a Ana II I I II II I II I 110111 1111 I I II II An NO FEE 20 Civic Center Plaza M-30 * $ R 0 0 1 5 6 6 7 6 6 0 $ * Santa Ana, CA92701 2025000187529 09:18 am 07/02/25 63 RecWinliA E02 10 Free recording requested by 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 0.00 0.00 THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103,27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RNV MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER Near 109-064-40 & S-SW382 For Abandonment 24- 109-062-33 03 S. Hesperian Street s/o Tolliver Street&Alley e/o S. Hesperian Street 8910 k (Address/Approximate.Location) DEED NUMBER � l" EASEMENT DEED AND AGREEMENT Recording Requested by and when Recorded Mail to: CITY OF SANTA ANA 20 Civic Center Plaza P.0. Box 1988 Santa Ana,CA 92702 Exempt from Fee--Public Agency (Government Code Section 27383) SPACE ABOVE FOR RECORDER'S USE ONLY Return FULLY EXECUTED Copy to City Clerk, M-30 EASEMENT DEED AND AGREEMENT N-2025-121 For a cul-de-sac on Hesperian Street and an alley from the cul-de-sac on Hesperian Street to the alley east of Hesperian Street ("Property") 1-cw N\c\cols (�F1 FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, SANTA ANA UNIFIED SCHOOL DISTRICT,a California public school district, ("Grantor"), hereby GRANTS AND CONVEYS to the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California, (the "Grantee"), and its successors and assigns, the real Property located in the City of Santa Ana,County of Orange,State of California, described as follows: an easement for public street and utility purposes ("Easement") all more particularly described in Exhibit"A" and shown in Exhibit"B,"which exhibits are attached hereto and made a part hereof. It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns that the rights granted herein are subject to and limited by the following: Reservation: The Easement granted herein is subject to the rights of Grantor, its successors, and assigns to use the Easement in any and all ways not inconsistent with the rights granted hereby, as permitted by Grantee in compliance with the Santa Ana Municipal Code. Grantor agrees that it shall not grant any surface, subsurface, or aerial rights in the Easement as will unreasonably interfere with or prohibit the use by Grantee of the rights and Easement granted herein.Notwithstanding any other provision in this Easement Deed and Agreement, Grantee hereby accepts the Easement "as is" with all faults known and unknown, and Grantor makes no representation or warranty (either express or implied)as to the suitability of the Easement for Grantee's use. Maintenance/Repairs: Grantee shall, at its sole cost and expense, be responsible for the maintenance and repair of the Easement. 1 Grantee accepts the Easement"AS IS" with no representation as to the condition of the Easement. Grantor makes no expressed or implied representation on the suitability of Easement for Grantee's purposes. Grantee is solely responsible for determining whether the conditions of the Easement are suitable for its purposes. Grantor also grants to Grantee,its successors, and assigns, and its and their contractors, agents, and employees the right to trim such trees and other foliage and to cut such limbs and roots on said Property as may be necessary for the protection of said Easement,and the right to clear and keep the Easement free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind which may endanger said Easement or any part thereof or interfere with the exercise of the rights herein granted. Grantee hereby agrees to refrain from expanding,altering,replacing,or reconstructing the Easement in any way which would create an unreasonable risk to the Property or its occupants. Compliance With Laws. Grantor has complied with all Education Code requirements to convey the Easement to the Grantee and does not require the Easement for classroom purposes. Grantee shall at Grantee's expense comply with all requirements of all governmental authorities, in force either now or in the future, affecting the Property, the Easement and Grantee's use thereof, and shall faithfully observe all laws, regulations and ordinances of these authorities, in force either now or in the future including, without limitation, all applicable federal, state and local laws,regulations,and ordinances. Indemnification. Grantee shall indemnify, defend and hold harmless Grantor and its agents, employees, officers, trustees, members, directors, and all those acting on behalf of Grantor, (collectively, the "Grantor Parties"),and each of them,from all claims,losses,liabilities,damages,costs and expenses(including reasonable attorneys' fees) (collectively, "Losses"), directly related to City's construction, replacement, repair, or installation of improvements on the Easement Area or maintenance thereof. Provided,however,nothing contained in this paragraph shall operate to relieve Grantor from any Loss to the extent caused by the negligence or intentional misconduct of Grantor or any other Grantor Party. Payment shall not be a condition precedent to enforcement of the obligations set forth in this paragraph. Insurance:The City represents that,as a charter city and municipal corporation, it is self-insured against damages, injury and other forms of liability. Notices: Any notice,payment or instrument required or permitted to be given or delivered by this Easement may be given or delivered by electronic service, personal delivery or by depositing the same in any United States mail depository, first class postage prepaid,and addressed as follows: If to Grantee: City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92701 2 Attn: City Clerk cityclerk@santa-ana.org If to Grantor: Santa Ana Unified School District 1601 E. Chestnut Avenue, Santa Ana, CA 92701 Attn:Ron Hacker ron.hacker@sausd.us or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository. Warranty of Authority: Each officer of Grantor and Grantee affixing his or her signature to this Easement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity, and authority to enter into this Easement and perform all of its provisions and obligations,and that no other approvals or consents are necessary in connection therewith. Headings: The titles and headings of Sections and Paragraphs of this Easement, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms,covenants or conditions of this Easement,or to control,limit or modify any of the terms, covenants or conditions hereof. Integration, Construction and Amendment: This Easement contains the entire understanding of the Parties and supersedes any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Easement shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and Grantee. No amendment, change, or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Easement, signed by all of the Parties. Successors: This Easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives,successors,and assigns. Partial Invalidity: If any term, covenant, condition, or provision of this Easement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable,the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition,or provision contained in this Easement. 3 Further Assurances: Each of the Parties shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the Parties. GRANTOR GRANTEE SANTA A NAUNIFI D Sc OOL DISTRICT CITY OF SANTA ANA By: By: Ron Hacke 44. Oiled l/a'i Herear City Manager Associate Superintendent/Chief Business Official, Title: Business Services Date: Date: lei 30 f 2025 APPROVED AS TO FORM By: Assistant City Attorney ATTEST By: City Clerk 4 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 1 County of 61Z,Gi'/YLQ.P- On 6lkYI.Q. 3 0 / otOoo,5 before me, c.e C.(II a V.{.((IYi LUYLGL i 1't 0.4 f.PAR! , Date Here Insert�ame and Title of the personally appeared 12o-vtthJd Wain_ 116LC4Q L Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose namV are subscribed to the within instrument and acknowledged to me tha he he/they executed the same ier/their authorized capacity(ies), and that b is her/their signatureis) on the instrument the person), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing CECIIIAVUONGLUNA paragraph is true and correct. .a�!� , Notary Public-California Z �,,,., Orange i WITNESS my hand and official seal. y ,yam r*° Commission#2519353 f 1Y!"T`f �+rso My Comm.Expires May 31,2029 Signature &,(4 U Place Notary Seal and/or Stamp Above Signature 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: Lyil,l&it" I ^ Ea44tmv of &-t-d ctiy j GIQIl.�.2'f'rivv1�t Document Date: 6VAtiL 30 / 0Z.Oo1S Number of Pages: it c 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— 0 Limited 0 General ❑ Partner— 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: do- - _ - _ - - _ _-i ©2019 National Notary Association Further Assurances: Each of the Parties shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the Parties. GRANTOR GRANTEE SANTA A UNIFIED SCHOOL DISTRICT CITY OF S TA ANA /L Mal By: By: Title: Associate Superitn+enden+/Chief'Business Official, City Manager / \JGYO NvvE `Business Services Date: //Z/% 2 Date: S(7/1/I 7,/p ZS APPROVED AS TO FORM i %G�r� By. z- '7/eie42-yle Nellesen TenIAi (Assistant City Attorney L J4O111 ATTEST �t i „Y By: C' c 4 EXHIBIT"A" PUBLIC STREET AND UTILITY EASEMENT (LEGAL DESCRIPTION) THAT PORTION OF TRACT NO. 2325, IN THE CITY OF SANTA ANA,COUNTY OF ORANGE, PER TRACT NO. 2325,RECORDED IN BOOK 68, PAGES 40 THROUGH 43, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I COMMENCING, AT THE CENTERLINE INTERSECTION OF TOLLIVER STREET AND HESPERIAN STREET, EVIDENCED BY A FOUND GEAR SPIKE AND WASHER STAMPED"LS 5411"PER ORANGE COUNTY SURVEYOR CORNER RECORD 2011-1303 B, BOOK 3 PAGE 224, CITY OF SANTA ANA TIES, FILED IN SAID COUNTY RECORDERS OFFICE;THENCE, SOUTH 00°37'27"WEST 554.64 FEET MORE OR LESS ALONG THE CENTERLINE OF HESPERIAN STREET TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 51, PER SAID TRACT NO.2325,ALSO BEING THE POINT OF BEGINNING; THENCE, LEAVING SAID CENTERLINE ALONG SAID WESTERLY PROLONGATION OF NORTH LINE OF LOT 51,SOUTH 89°22'33" EAST 145,00 FEET TO THE NORTHEAST CORNER OF SAID LOT 51; THENCE, ALONG THE EAST LINE OF SAID LOT 51 SOUTH 00°37'27"WEST 6.23 FEET,TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 30, SAID TRACT; THENCE, LEAVING SAID EAST LINE, ALONG SAID WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 30 PER SAID TRACT SOUTH 89°22'33"EAST 20,00 FEET TO THE NORTHWEST CORNER OF SAID LOT 30;THENCE ALONG THE WEST LINE OF SAID LOT 30 SOUTH 00°37'27"WEST 23.26 FEET; THENCE, LEAVING SAID WEST LINE NORTH 89°22'33"WEST 111.03 FEET TO A POINT OF CUSP AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTH HAVING A RADIUS OF 46.90 FEET TO WHICH A RADIAL LINE BEARS NORTH 43°45'23"EAST;THENCE, SOUTHEASTERLY, SOUTHWESTERLY, AND NORTHWESTERLY 185.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 226°52'04",TO WHICH A RADIAL LINE BEARS N89°22'33"W; THENCE, NORTH 00°37'27"EAST 50.38 FEET MORE OR LESS TO THE EASTERLY PROLONGATION OF SOUTH LINE OF LOT 159 PER SAID TRACT;THENCE,ALONG SAID PROLONGATION,NORTH 89°22'33"WEST 5.00 FEET TO THE SOUTHEAST CORNER OF LOT 159 PER SAID TRACT;THENCE, ALONG THE EASTERLY LINE OF LOT 159 PER SAID TRACT NORTH 00°37'27"EAST 13.33 FEET MORE OR LESS,TO ITS INTERSECTION WITH SAID PROLONGATION OF THE NORTH LINE OF LOT 51; THENCE, ALONG THE PROLONGATION OF THE NORTHERLY LINE OF LOT 51 PER SAID TRACT SOUTH 89°22'33"EAST 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 12,054 SQUARE FEET; MORE OR LESS AS SHOWN ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART OF THEREOF. Page 1 of 2 EXHIBIT "A" CONT. PUBLIC STREET AND UTILITY EASEMENT (LEGAL DESCRIPTION) SUBJECT TO EASEMENT, COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND OTHER MATTERS OF RECORD IF ANY. LEGAL DESCRIPTION PREPARED BY ME OR UNDER MY cOVAL LAtiod DIRECT SUPERVISION: oSUS H. 4L. ZMgyr^,� ,8648 c* * �, AA 01f00025 AP 4af CAMP SUS H. GUZMAN DATE CAI\ SF.5. 8648 Page 2 of 2 EXHIBIT "B" POC PARCEL 1 — / 1 FOUND GEAR SPIKE AND WASHER TOLLIVER ST TAGGED"LS 5411"PER R1 71 104 i a w 40 106 105 CLL I I = I 42 I 39 L 60 00' — -� _— 125 2.2a 160 r—,--- as 32 c POB PARCEL 1 "9_, -L__S89°22'33"E F'•, I l 1 30.00' 8 '' "' I S00°37'27W 3' 126 co 1 50N00°37'27"E 159 !I..--889°22'33"E 145.00'—• I 6 S89'22'33"E ' J 13.33 AREA;:::yJ! T271N89°22' PARCEL 1 6' N00°3727"E— f 111.03--1 / CC 50.38' ./ 127 I N89°2'33"WL 57 I �I 52 RADIAL I 29 N43°45'23"E I __ /�% R 46.901 �3 �% 28 I \ 156 ! q=226°52'04" tc3ftI :( 1 NP4 LAIVa RECORD REFERENCES: 424, H. S` R1 -CORNER RECORD 2011-1303 B, BOOK 3 PAGE 224 4' 4" M e © a /.gzS LI LEGEND ,p,..4 NV. 8648 V. RIGHT OF WAY — — T'or Ctktfra ' CENTERLINE 0 40' 80' 160' EASEMENT BOUNDARY MS is LOT LINE SCALE: 1"=80' P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT _. EXHIBIT"B' Project No.: 20609382.24001 1- aTETRA TECH MAP TO ACCOMPANY LEGAL DESCRIPTION FOR bats: °1roSr25 s PUBLIC STREET AND UTILITY EASEMENT Drawn By: KS i may.te"atech.com Checked By: JG I 711 Tank Farm Rd,Sone 110 - - San Lit Obispo.California 03401 SHEET 1 OF 1 (505)542-9919 ... _..