HomeMy WebLinkAboutEXXONMOBILE OIL CORPORATION 3-2010OCT 2 2 2010 N-2010-103
C) - PYVA (Z-)
AGREEMENT FOR ACQUISITION OF
A TEMPORARY CONSTRUCTION EASEMENT (TCE)
THIS AGREEMENT, entered into this day of 2010, by and between the City
of Santa Ana, a charter city and municipal ration duly organized under the
Constitution and laws of the State of California (hereinafter "Buyer" or "City") and
ExXOnmobile Oil Corporation (hereinafter "Seller").
WITNESSETH
Seller agrees to sell to City under threat of condemnation, and City agrees to
purchase TCE from Seller, all that certain real property located in the State of
California, County of Orange, City of Santa Ana, (hereinafter "said real property") more
particularly described in Exhibit "A-1" attached hereto, and depicted on Exhibit "A-2"
and incorporated by, on the following terms and conditions.
1. Purchase Price. The full purchase price for easement on said real property
shall be One Thousand-Fifteen Dollars and No/ 100 ($1,015.00). City shall pay said
purchase price to, at least five days before close of escrow.
2. Method of Delivery. Seller has delivered to City, a fully executed Easement
Deed, as shown in Exhibit "B", attached hereto and incorporated by reference.
3. Recordation. Completion and Distribution of Documents. City has recorded the
Easement Deed with the Recorder's Office of Orange County and provided a recorded
copy to Seller. City shall bear the cost of any recording fees, document preparation fees,
escrow fees and any other closing costs incidental to the conveyance of said real property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
set forth above.
8ELL EXXONMOBIL OIL CORPORATION
By:
Its ? ?G- s SSe{- nt?- ?-?
BUYER: Ci of Sa Ana, Public Works Agency
By: (/ ??-
]David N. Ream,
City Manager APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorne
ATTEST:
By.
Maria D. Huizar, Jo S ndoval,
Clerk of the Council Ma ng Senior Assistant City Attorney
Exhibit °°A"
PARCEL "A"
LEGAL. I]ESCRIPT7ON
A strip o€land, SAO feet in width, over that portion. ofParcel 1 of a Parcel flap in the
City of Saatii Ana. County cif Oraagtc, State of Calitbraia, > rfed in Hook 4, Page 42 of
farce( Maps in tho office of the County Recorder of said Orsage Cotmty; the sotttTacrly
IlM of Said 5.00 foot strip is described as follows-
the ccnurliae i„?.-???? of Grid Aveatre with Dyer Reed, as said
y at
inrareootian is shown on said Parcel Map; lltcncc w'CSCerIV along said centerline of
L7ycr Road, I ]Dinh 88°15' 18" West 1 T-14 feet to the southerly prolongation of the
westerly line of said Parcel 1; thence northerly along said prolongation,
North 01 °44`42" East. 50.00 feet to its intersection with the northerly Right of, Way line
of said Dyer Road as descubed in the Easement Deed recorded March 13, 1967 in
Book 8197, Pages 48 through 50, Official Records of said County Recorder, said
intersection being the True Paint of Beeiaoiag; thence ensmrly along said Right
line, South 88°'15'18" East, 134.00 feet The nonh_ ? said Ray
strip to be lengthened
or shortened to terminate on the westerly line of said Parcel cel 1.
Containing 670 square feet, more or less.
All as shown on Exhibit °B", attached hereto and by this reference naade a part hereof
Subject to all Covcnanrs, Rights, Rights-of-Way and Easements of record, if my-
Prepared by rne, or tinder may direction an jJ
Raymond J. Rivera, PL5 8324 y5?° R1 V sG
Expires 12131/11
EXP. ( 9t / a°
°[ S a3'Zl`
?? CACt??4
Exhibit "A-1"
,,` ?
. ` -? \ `
?\ `? `?' ,_ ?7
_ ti
,yc -ems
. C1., ,,
Q = - \ •C6M
?? L J v ?/ ?
?VcY0f2 it ?,? N ?
Y..r
? ?a ?? ? Q
° `? ?
,;. ? g tt
N
'`^b ?? O r. ' n1
^????? i?1 Sl-lEt-itb
v°?. /S?I? .S
? c .O l?
? ,?^ Q?
y _m
ya N J C7
? ? 7
ti p
/? G
? ? ?"? ?_
.c
i
'?
1
C
L
Ci )'
f:
:r, . ?
?,
a ??
'? /
r
?
? ?
?
' Q
l
y
I
OS - ?
, ?
a? ? ?
0
?
< ( ?
I
f
? ? a ,'34
m =' ?
?
j
Z
? m
E z
.£6'lb1 oL1-_ _
.GS ! f
? ry
ej
>
? ? SzFI ?? ?,
J „ ? j
,
? ?
7?HI?T ?
a
? ? ? •g?
`, .
N'O. 4ll-l3i-,
`''`? }KETCH TrJ ACCOM='Ant"
.._?.._,a,,. LEr,?,L U?,CRIP alOh
E
a
Exhibit B
When recorded, please mail this
tnetntrr•?n[ and [az Sta[GmGr1LS [O
Clerk of the Council
Ctty of Santa qaa
20 Civic Center plaza, M-36
Santa Ana, Calllorala 92'701
Ezratpc from Recording Fee SPACE waovE t'lils LINE FOR RECORDSR'S
Pursuant to Government Code Section 1Ti ?3 -
TEMPORARY CONSTRUCTION EASEATE'NT
FOR VgL[lABLE CONSIDEIiATION• t+eceipt of which h hereby aelmowladged.
E37tONltQOBIL OIL CORPORATION (''Grantor'')
HEREBY GRANTS TO THE GRANTEE;
TEIE CITY OF SANTA ANA, a chartor city and municipal corporation duly or8anized tinder the
Constitution and laws of the State of California, a temporary easatent for purpoars incidental to
construction casement to blend the driveway grade separation along the Property io which Grantor hits m
interest w construct the proposed itrrptnaverrteats to widen rho iatGtaection o! Grand Avenue and Dyer Road
in, on, over and across that certain zeal property in the City of Santa Aaa• Cotmty ofOrange• State of
California, as described tm FYlrihit ••A" and ••B" which is attached hereto by [efiaence strd made; a part
hereof. This permission is grmted subject m the conditions as outlined irr the Etehibit "C•' titled
°Addendum to F°?ement A?reGmeat SMI 1989 Santa Aaa,•' h is understood that said tGtaporary easerrrent
shall e:ctend for a period of six (? months comrn®eiag forty-eight (48) hours after the Grantee provides
written notification to the Grantor o£ its intent to co••••••-••ee aonaylvcii? In the event actual use by
Grantee, its authorized agents, or contractors ercttards bryond the
shall pay the Grantor at the carne contract rate of S 339 er moo pteacnbed parod of time, the Grantee
terminated. This easement shall tenrainatG P th, prorated to the actual date said use is
upon completion of said construction and is airy event shall
cca4e and [crminatc not later than April 30. 201 1. it is further understood that when the eonsavction
to the same mplcted and said temporary essemtmt is ao longer required, said real Property shall be restored
grnr3-al coaditioos to existed prior to the beginning of cottsa'uction.
Dated :'? /^? 1 0
a
COMMONWEALTH OF VIRG[NIA )v,
COUNTS' OF FAIR.FAX
On 1 U i U ??? ?
9 1
Personally appeared __ R. w Fi"lehav persotully Itrtowrtt to me
(or provW w iris on the basis of satisGetary evidettee) b be the person(a)
whose name(sy iv are subscribed w tha within
insttwnettt and scla.owledaod
to the slut helshNthey e-reyvted the same in his/herltlteir authorized
opacity (ies), rnd [hat by his/her! their sitptatures] on the ittstrvrttat the
person(s) or the cntiry upon behalf of which the person(s) acted,
sectored the instrument.
WETNESS my hand and ull5etnl seal.
Sigrta?.. li.- ? ( ? ? c; a p
EXXONMOBIL OII. COIiPORATIOIV
BY:
?c??Q.?.
R. W, Hitchey
Title: Americas Asset Maaagemrnt Mgr.
and Agent and Attorney in Fact
`sssrrtC,ttrRt/tr?rr ?
?.?,pF. rye.
i?
Qr 'plY P ?''?
'= 3r2ti4a L,
G :_ COMMISSION z
OC/IRES = Z
='1=' 1-'ao-r a:'??
H .. •' J
'r. ?E'ALTIi .aF •••
rrrtt+naN rNP
/Thrs orco for o8cia[ notaiv ssol)
?xxrsrT A
. LECAI. DiESCRIp'ITOh
PARCEL "A^
C s of Ssa?? 5.00 fxt .in width, over tltaa portion of Parcel I of a Parcel Ivtap io tltc
u3' Ans, County of Orange, Stame o!•Caiifncaia, Sled in Hook 4, Psype 42 of
Pmcei Maps is the ofEce the County Rraosder of said Drengo Cathaty; tba southerly
line aCsaid 5.00 foot strip is described as follows:
Commeaeing at ttte centerline ixrtrrsoouon of Grateld Avenue with Dyer Road, as said
intersection is shown on said Parcel l?fsp;. thence westerly along, said omaerline of
Dyer Read, North
westerly lint said pr I B" West, 173.19 feet to thhe southerly prolongation of the
said parcel 1; thence notthariy along said pra ongatioq
North f Ol"44'42 2•' East, 60.00 feet to its iarrsseetion with the northerly Right of Way line
Dyer Road as described in the Emma ent Dead recorded March 13,
Boole It 197, Pages 48 tbrougb 50, Official Records of said C 1%7 in
otmty Recorder. 1 said
inOetsectioa being the Truce Point of BeglunhW. Ommm easterly along said Ri of Way
line, South 88° 15' 18" East, 134.00 feet. The nordwrly ght
line of
or shcvtenod to terminate on the westerly line of said P Unc. 1.said strip to be lght o
Containing 670 square feet, move or less.
All as shower on Exhibit -R^. attached thereto and by this reference made a part hereof.
Subject to all Covermuts, Rights, Rights-of-Way and Eaaernents ofracord, ifarry.
Prcpwcd by me, or under my direction on J
Raymond I_ Rtvcta„ PLS 8324 ?O R AND
Expires 12/31/11 m ?,.It1
a E.XP. l t
DF CQt1 O
\``?\ \ \? ?? f
sz \ ?
i ?? .yo 'sr I
. r??\ \ \ U
6
?{ .`+ p
r
O ?C?".lJ r O_
J jl Q? ?
?R?EY OR st `?', a ? s ?.
?, _ ` ? s
_ W ?O
?aJ- ? ? ? ?, ?'f
"v ?? ? ?N
? N
?r?
adat ? ?? _ ?' a
z o SL-L£t-L 6r
? .?-
? m ,O L
j J m W N ?! ? 0
i U 1
?? ? a e o
??• ?, :?
?' ? ? ;?
x 2 ''
.? ?
s
,£6 "toe ,O t •?
?? .G'6"L9t 3_L4,44•LON s
N Z N
6, O? OE-LEL-LL? n N ? g?
? s? SrZ?/ ..? ,?? O r n m
?'\ ? ?O Y ? H d
EXHIBIT B V`?6?,? ?? ^ ? •9?
SAV ]'a yyA I
A_P_ NO. 41?-131-'.5 1\
`'?`? SKETCH TO ACCOM?AN Y
- ?• _EGAL DESCRIPTION
7
Attachment 1
ADDENDIJIVI TO EASEMENT AGREEMENT
EM 11989 Santa Ana CA
This Addendum to Easement Agreement (the ''Addendum^?s attached to and made a
part of the Easement Agreement (the "Agreement^) dated the -Z-j- j_ any of I
201 O, between EXXONMOBIL OIL CORPORATION ("Grantor") and THE trryr-CF SANTA
ANA,_("Grantee").
1 _ Defined Terms. All capitalized terms not defined herein shall have the same
meaning as defined in the Agreement.
2. Conflicts. If any of the terms and provisions of this Addendum conflict with the
terms and provisions of the Agreement, the terms and provisions of this Addendum shall
control.
3. Use. Grantee shall have full and free use of the Easement Area for the purposes stated
in the Agreement and shall have all rights and privileges reasonably necessary to the en'o
and exercise of such rights, including the right of reasonable access to and from the Easement
Area. Grantee will not erect any structure, fence, sign, or other permanent or temporary
obstruction upon the Easement Area nor allow any type of trailer or automotive equipment to be
parked on the Easement Area.
4. Permits and Maintanan . Grantee shall obtain and maintain all permits and/or
licenses required for the use by it of the Easement Area.
5. Restoration. Grantee does hereby covenant and agree that at all times after doing
any work on or in connection with the FuuteTent Area, it will restore the Easement Area, and
any of Grantors land or improvements affected by the construction, to the same condition, to
the extent reasonably practicable, including, without Limitation, restoration of (i) landscaping,
sod, elevation and. grade which existed prior to the activities of the Grantee pursuant to the
Agreement; (ii) restoration or repair of any removed or damaged improvements; and (iii) and
restoration, repair or relocation of all irrigation, electrical, telephone, water, and any other utility
lines and connections to Grantor's equipment Should the Grantee's construction materially and
measurably change the drainage of Grantor's land, Grantee will reimburse the Grantor
reasonable cost of restoring adequate site drainage.
6. hteress and cress. At all times during the term of the Agreement, at least one
driveway on each frontage will remain accessible for ingress and egress to the Property.
Grantee will assure the continued and uninterrupted access to the Property through, over, and
upon the Easement Area, and will permit at all times the free flow of motor vehicle and
pedestrian traffic through, over, and upon the described Easement Area, preserving or restoring
the existing curb cuts including their location and slope at all points of ingress and egress.
7. Grantor's Sienage. At no time during the term of the Agreement will Grantor's
signage be altered or moved from its current location within the Easement Area by Grantee; nor
will its visibility be impaired by Grantee.
8. No Environmental Testing. Grantee will not perform any environmental testing on
the Property or in the Easement Area.
9. .No Interference With ?itor's BuQiness Ooeistion Grantee will minimize any
interference with Grantors business operations on the Property during the term of the Agreement,
and Grantee's work shall be performed and completed as-expeditiousiy as possible. In the event
that the electrical power, telephone service, water supply, or any other utility service: is disrupted
by Grantee's activities on the site, such utility service will be restored within twenty-four (24)
hours of such disruption.
10. Underground Store Tanks. Grantee acknowledges that there are underground
storage tanks ("'Tanks") located on the Property outside of the Easement Area, and Grantee agrees
that it must take precautions to assure that there is no damage to Grantor's Tanks and lines or to
person or property as a result of Grantee's use of the Property, whether such use occurs now or
any time during the term of the Agreement. These necessary precautions include, without
limitation, not placing dirt, rock, heavy equipment, or any other heavy materials on or in the
vicinity of the Grantor's Tanks and lines and not driving over Grantor's Tanks and lines with any
heavy vehicles, trailers, machinery or equipment-
11. Subject to Encumbraances. Grantee accepts and acknowledges that this
grant of license
is subject and subordinate to all existing covenants, conditions, reservations, contracts, leases,
casements liens, encumbrances, restrictions, and rights-of-way ofrecord and appurtenant thereto,
and the use of the word "grant- shall not constitute any warranty of the part of the Grantor-
12_ No Trespass or rmrerae demnation. The Easement granted hereunder shall not be
deemed a trespass or inverse condemnation of the Property and will not impair Grantors, right to
make claim against the Grantee for damages sustained or arising out of the use of the Easement,
if any, in accordance with the terms contained herein.
13. Assignment. The Agreement will not be assignable by the Grantee in whole or in part
without the written consent of Grantor.
14_ Required Notice To Enter Prone . Except in emergency situations, Grantee will
provide ten (1.0) working days notice in accordance with the Notices provision herein, in advance
of entering Grantor's Property. In the event of an emergency which Grantee determines requires
it to immediately enter Grantor's Property, Grantee will provide written notice to Grantor within
forty-eight (48) hours that it has entered Grantor's Property and a description of the emergency.
Any notices required or permitted hereunder will be in writing and will include reference to
ExxonMobil Site #11989 and will be deemed given when received or refused, as the case may be_
15. Notices. Notice may be given by personal delivery, nationally recognized overnight
express mail or deposited in the mail, registered or certified, postage and charges prepaid, and
addressed to the party for whom intended at the address specified below, or at such other address
as such party may have substituted therefor by notice in the manner set forth above.
If To Grantor'
DON CROSS US Asset Management
Real Estate/Eminent Domain
7025 CR46A, Suite 1071, Room 505 Lake Mary, FL 32746
Ph: 407-804-6329 Fax: 407-804-6321
Cell: 407-766939 don.l.crossQexxontnobil.com
with a coov to•
Ryan Haugh}, PG
rhaughy a?eticeng.com
ETIC Engineering, Inc.
898 North Fair Oaks Ave.
Suite A
Pasadena, CA 91 103
Tel.: 62632-5999 x 12
Fax:G26-432-5998
Cell: 626-831-5374
If To Grantee•
City of Santa Ana public Works Agency
Attn: Kent 3orgensen
20 Civic Center plaza, M-36
Santa Ana CA 9270]
16. Bindino_ Ataeement. 'I'bis Agreement will be binding upon and inure to the benefit
of a 1 1 the paroies' successors and assigtts in title.
17. Covnteroarts. This Agreemartt tray be executed in as many counterparts as may be
required by the parties. It shall not be necessary that the signatures on behalf of the parties hereto
appear on each counterpart hereoi7 and it shall be sufficient that the signatures on behalf of the
parties hereto appear on ane or more such counterparts. All counterparts shall collectively
constitute a single agreement.
[Remainder of Page Itttentionally Lef} Blank
Stgnatutts Appear on Following Page)
]O
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and veer
first above ?c•ritten.
GRANTOR:
EXXONMOBIL OIL CORPORATION
R. W. H:lchcy
-Aatericas Asset Mgmt. Mgr. 8c
Agent and Attorney in Fact
COMMONWEALTH OF VIItCiII.7IA
COUNTY OF FAIRFAX
BEFORE ME, the undersigned. authority, on this day personally appeared R W. Hilchev
Agent and Attorney In Fact of ExxonMobil Oil Corporation, Imown to me to be the person whose
mate is subscribed to the foregoing instrvrnent, and he aclmowledged to me that he exccuted the
same for the purposes and consideration thetc;n exptnssed and in the capacity therein stated.
n -GIVEN L3NDER MY H,gND AND SEAL OF OFF7CE, this the /.2??t1ay of
?, 20 L O_.
?? _ G-
Notary Public ?u
My Commission Expires:_ 9- _ ? _ ? ?
a?5??~?REGPi "4? Z_
'; 3126/a ?
=_ n : CX7NMI55lON t
e .? o-?ii .'V
???? .
o .•s?.
?? y ••..........-
1]