HomeMy WebLinkAboutFAR WEST FAIRHAVEN , LTD. 1
-3
Seaur~ . AUG 1 9 2010 LICENSE AND RIGHT OF ENTRY N-2010-078
Amy rAn~
Far West Fairhaven, Ltd., a Limited Partnership, (hereinafter referred to as "Licensor"), does hereby grant to City of
Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and/or laws of
the State of California, its officers, agents, employees or representatives (collectively referred to as the "Licensee"),
the right to enter and construct improvements for the At-Grade Rail Safety Enhancement Project in the City of Santa
Ana to facilitate the City's application for a Quiet Zone permit. Improvements include the installation of safety
improvements, as well as the closure of Fairhaven, as shown on the real property described as follows:
SEE EXHIBIT "A" and "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
This permission is granted subject to the following conditions being fulfilled by City:
(A) It is understood that this permission to enter is not a waiver in any way of the right of compensation for such
land or of any remedy authorized by law to secure payment.
(B) Improvements will be constructed as shown in the Exhibit "C" drawings.
(C) During construction of driveway approaches, access to the business will be maintained at all times. In some
cases, construction of one-half of a driveway approach at a time may be required. In this case, the contractor
shall provide a temporary asphalt driveway to the business until a permanent concrete driveway is constructed.
At no time shall the contractor block access to the business during construction.
(D) The Licensee agrees to indemnify and hold harmless, Licensor, from any liability arising out of the Licensee's
exercise of this License and Right-of-Entry. The Licensee further agrees to repair any damage to said property
caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said
property, with the exception of the improvements left thereon, as nearly as practicable to the state in which it
existed prior to the use of the property by the Licensee.
The rights herein granted to the Licensee, are exclusive, and the Licensee agrees not to assign, transfer, lease,
pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the
undersigned. No right of entry to existing buildings is conveyed by this instrument.
This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later
than November 15, 2010, unless extended by written agreement between the undersigned and the Licensee.
SELLER: CITY OF SANTA ANA
Far West Fair a ited Partnership a charter city and municipal corporation duly
organized and existing under the Constitution
and laws of the ate of California
By: n
Name: (C-KM.V (.J S ! L Vc=.C BY:
Title: David N. Ream, City Manager
APPROVED AS TO FORM:
By: JOSEPH W. FLETCHER
City Attorney
Name: p
Title: BY: Date V LO
,49&e -)Sandoval
a aging Senior Assistant City Attorney
ATTE
MARIA D. HUIZAR
CLERK OF THE COUNCIL
Coast AurveYinS, Lac.
July 23, 2005Y
EXI IBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOI< 37, PAGE 9 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWEST LINE OF SAID PARCEL 2 AND
THE NORTH LINE OF FAIRHAVEN AVENUE (BO FEET WIDE) AS DESCRIBED IN THS DEED
TO THE CITY OF SANTA ANA, RECORDED JULY B. 1971 IN BOOK 9710, PAGE 111, OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID DEED
SOUTH 89°02'04" EAST 89.22 FEET; THENCE LEAVING SAID NORTH LINE NORTH
88°07'21" WEST 9.84 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 92.00 FEET; THENCE NORTHWESTERLY 46.77 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 29°07.36" TO THE BEGINNING OF A REVERSE
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL
BEARING THROUGH SAID POINT BEARS NORTH 31°00'14" EAST; THENCE
NORTHWESTERLY 37.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
44°42'40" TO THE SOUTHWEST LINE OF SAID PARCEL 2, BEING A POINT ON A
NONTANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1482.69 FEET,
A RADIAL BEARING TO SAID CURVE BEARS NORTH 86°61'21" EAST; THENCE
SOUTHEASTERLY 17.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00°40'26' TO THE POINT OF BEGINNING.
CONTAINING 806 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 23"0 DAY OF JULY, 2009.
4AND
DEL SGT .z
0
GWEN-VERA DEL CASTILLO. PLS 6108 -a' L.S. 6108
REGISTRATION EXPIRES 0130111 EXP. 6/30/11
O~ CA4~E
J\ IU7(N•9.Od Smnu •~nn FHV•PCi: 2 I
A.7. & S.F. R.R. - AN. & $.F_ R_R.
RAN R/W
rn" n t:p
2 ~T C4
0
M~ 1m rri
I-- -O tV.I~ v• sP W W --4 43N NY N U
00
o .P N o .P N lJ x vi 'Y. to W 1 i
owwo~Pafl~ ooowoooo
e o 0 0 0 0 oo O to CD to }7 '
r--' .P O ~P rP O 0 0 0 0 0 (rl
112 --2 OU+004
J -INJN• V
S yV
UINUI CnOV NUr c;,.3 c;
~
1-' a? ~1 L- i l. 30, ~ 30,
t:i
~OQD Ut OD OO Ja ~O H
N W J N OV N f-) :PtJI ~o 1 ~.i
Old d ~00ln
100 d 1000 J lfl OOO N
OINOsPNto
~U
.P .P N W .r.
V+ O ~P J J
OU+N O
.P .P 4
~
J W.P OI tit Is! r
EA87WOOD AVJENLM
r
JOB 11. 107-n--l- I
oATC: 71171EXHIBIT'rB'.+ SURVEYING, INC.
90ALe: V! +s0.7+PMiMfAYlpOp.eulno
SHEET Q)F RIGHT OF WAY R TEMPORARY CONSTRUCTION EASEMENT ~ueurr, on o:iooaear trra~e+e-62"
Exhibit 41Cn - -
- 1 • \ ~ j -i. _ is i' - r"Tv
t
-.7 i
1 hr~ _
•L~ r - • y o~ v ~"jpl a - a! 1
•q- ohs i Jx
c^Z ~ _ - - . - ttl' ' $ 1 ~ d~ f' s~?_ .mil Y ; \ - r f p ~ X X~-0P_-•-.•.X ~ i.1
eA4a~t*~~ `a jr } a - ~1 ii 1\ I• _ ~~r~ .L ~arrY, _C )Sis ; i r~~`rd~'i^:s _(Yya:_.!c^
"_~t ti r y ~ 3•-1 1 4 rS..:<'~F.W f.. i a ~ cl ~ II' ~1 7f ~ ,y
CPr+ `
71.
~iS~' i ;'.~r ,1, r 1 it 1`-~. f .J - - - - - _ .
~O
r \ 11 , ~ \5. { ~fCE
tSj k 11 I ~r rte. )
-IF
. ~f . Y r . i r i . 1. I / 1~~ A 1 ! - ! AY J 1. •
J F I 7 . ~ - _ _
- A l - [rK ` ( " O ~ ~ [ T r J 2~~, ! ~[1 r a ~11~~• J~- Lf4'"~~ t.
- ,`f\ LS "fir -N S 1 ay-ryf;~~j'••C~
11\ y c W Fa i / :~f f• 'af"i f:.ti~':.:
> w •y.S i~' 1 ! iF~i~'y',y.. ~_ra ,
ic- o 20' 40,
20
. t • ~ ! ? .a~ i .-.1 V- : S•"1± GRAMC SCALE- 1' 20' I
I
i
Rriwsro: s CITY OF r'" SAtVTAANA
poly Ip, [w-w.w• ur{• a+n r I M 1 ( CR
_ RIGHT OF WAY EXHIBIT
FAIRHAVEN AVENUE
DO 026697B, PU 6
PATTEASON »s row.. [ co.[..w. wam av.IC aoa •l
E[ 4RM :c.cw s:slw
ASSOCIATES, IRC, g xum ro. .m. .nt{J$Qar3ga x-ICrt ~
I. rlr o rc -oat _ir.•r FHKCI•£XHi ~
1