HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (5) - 2010fT
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A-2010-203
PURCHASE AND SALE AGREEMENT
First Street Bridge Widening
THIS AGREEMENT, entered into on October 18, 2010, between the CITY OFSANTA
ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of
California (hereinafter "CITY"), and ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate
and politic, (hereinafter "DISTRICT"), regardless of number or gender;
RECITALS
1. CITY desires to improve the First Street Bridge over the Santa Ana River to accommodate three traffic
lanes in each direction, and provide sidewalks on the north and south side of the bridge (hereinafter "the
Project"); and
2. The improved bridge requires additional easement from the DISTRICT over the Santa Ana River; and
3. The Orange County Board of Supervisors has granted the City a Right -of -Entry for construction of the
Project; and
4. The CITY requires a perpetual easement for street and highway purposes.
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to
the terms, conditions and provisions of this Agreement, DISTRICT agrees to grant to CITY, in exchange for
the consideration described herein, a perpetual easement for street and highway purposes (the "Easement") in,
on, over, upon and across that certain real property (hereinafter the "Easement Area") legally described and
depicted in the Easement Deed, attached hereto as Exhibit A.
The creation of the Easement shall be in accordance with and subject to all of the following terms, conditions,
promises, covenants, agreements and provisions:
Grant of Easement
DISTRICT agrees to execute a non-exclusive, perpetual Easement in the form of the Easement Deed set forth in
Exhibit "A" to this Agreement.
2. Payment of Purchase Price. CITY agrees to pay to DISTRICT, and DISTRICT agrees to accept from
CITY, as and for the full purchase price for Easement, the total sum of Forty Thousand Nine Hundred and
No/100 Dollars ($40,900.00) (the "Purchase Price").
3. Modification and Amendment. This Agreement may not be modified or amended except in writing
signed by the CITY and DISTRICT.
4. No Third Party Beneficiary. This Agreement is intended to benefit only the Parties hereto and no other
person or entity has or shall acquire any rights hereunder.
5. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and
deliver such further documents (in form 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
Agreement, without cost.
6. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first written
above.
Approved as to Form
Office of the County Counsel
Un
Deputy
ATTEST:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Joseph W. Fletcher
City Attorney
i� (kc.t,cL. c1 0(267A--/
k�aura Sheedy
Assistant City Attorney
DISTRICT
ORANGE COUNTY FLOOD
CONTROL DISTRICT
am
Director of Public Works
Orange County, California
Date: 2010
CITY
CITY OF SANTA NA
David N. Ream
City Manager
Date: /v S 0 , 2010
k__
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, CA 92701
Mail Tax Statements as shown above
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
2010000645126 3:33 pm 12/01/10
62 417 E01 10
0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00
S USE ONLY
DOCUMENTARY TRANSFER TAX $
APN: _ Computed on the consideration or value of property conveyed A-2010-203
Il Exempt per Revenue & Taxation Code Section 11922
✓ Exempt from Recording Fees per Govt. Code Section 27383
By:
SIGNATURE OF DECLARANT OR AGENT DETERMEVRJG TAX _FIRM NAME
❑ Unincorporated Area
❑X Incorporated - City of Santa Ana
I
Parcel No: E01.950 p
Project: Santa Ana River
r
EASEMENT DEED I%
For valuable consideration, receipt of which is hereby acknowledged, G�6
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to
CITY OF SANTA ANA,
a charter city and municipal corporation, duly organized and
existing under the Constitution and laws of the State of California,
hereinafter referred to as "GRANTEE," its, successor and assigns,
a non-exclusive easement for street and highway purposes in, on, over, upon and across that certain real
property (hereinafter referred to as "Easement Area") described in "Exhibit A," and illustrated in "Exhibit
B," which exhibits are attached hereto and made a part hereof. DISTRICT and GRANTEE, may sometimes
hereinafter be individually referred to as "Party" orjointly as "Parties".
GRANTEE'S rights shall include rights to construct, repair, maintain and use surface improvements consisting
of roadways, curbs, gutters, sidewalks, and landscaping ("Facilities") and shall include reasonable access to
the Easement Area for the purpose of exercising the rights herein granted.
It is understood and agreed by the Parties hereto and their successor and assigns that said easement and right
of way herein granted in this easement deed ("Easement Deed") shall be subject to the following terms,
conditions, and reservations:
Street/Highway Easement- OCFCD to City of Santa Ana 1 08/04/10
1. CONSTRUCTION AND MAINTENANCE (PMES2.2S)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT'S
Director OC Public Works, or designee, (hereinafter referred to as "Director") prior to commencement of any
work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall
immediately notify Director in writing of such completion.
Director's approval of GRANTEE'S construction and/or maintenance plans shall not be deemed approval
from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or
other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or
maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans.
Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE'S
construction and/or maintenance'plans.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as the Santa Ana River Channel thereinafter "the Chanmel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for
unobstructed flood control operations and maintenance of the Channel by DISTRICT.
Should it be necessary for GRANTEE to conduct any construction or excavation activities or otherwise
disturb the surface of the Easement Area subsequent to the completion of the initial installation of
GRANTEE'S Facilities, GRANTEE agrees to notify Director in writing sixty (60) days in advance of such
planned activities, obtain Director's written approval of all plans, and obtain a permit for construction from
the County of Orange ("County") with payment of normal processing fees prior to commencement of any
such activities. Said approval shall not be withheld unreasonably, nor shall said approval be necessary in any
emergency situation or in conducting routine maintenance activities which do not involve disturbance of the
surface area.
Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as may
endanger or interfere with GRANTEE'S Facilities provided, however, that any excavation shall be made in
such a manner as will cause the least injury to the surface of the ground and any improvements and/or
landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the
ground and any improvements and/or landscaping around such excavation, damaged shall be promptly,
restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's
satisfaction.
GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition all Facilities
conslyucted, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement
Deed.
2. REMOVAL AND/OR ABANDONMENT (PMES3.IS)
GRANTEE agrees that in the event (a) GRANTEE'S Facilities are no longer required, or (b) GRANTEE'S
use of said Facilities ceases for a continuous period of more than one (1) year without written notice. fiom
GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to
resume usage of the facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove
and/or abandon said Facilities within niniety (90) days after receipt of written notice from Director to remove
and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT,
restore the. Easement Area, to the condition that existed prior to the granting of this Easement Deed, to
Director's satisfaction.
Street/Highway Easement - OCFCD to City of Santa Ana 2 08/04/10
GRANTEE shall also execute and deliver to Director, within ninety (90) days of such removal and/or
abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed
sufficient to remove the encumbrance of this Easement Deed from title.
3. RELOCATION (PMES4.IS)
GRANTEE agrees that -in the event GRANTEE'S Facilities shall at any time interfere with the operation,
maintenance, replacement, or improvement of DISTRICT'S property as determined by Director, GRANTEE
shall, within ninety (90) days of receipt of written notice from Director, relocate at GRANTEE'S expense
GRANTEE'S Facilities to a site designated by Director. All other terms and conditions of this Easement
Deed shall remain the same.
4. COMPLIANCE WITH APPLICABLE WATER QUALITY REQUIREMENTS (PMES6.2S)
GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any .
NPDES permit requirements or other water quality statutes, regulations, ordinances, or permits, applicable to
the construction, including but not limited to use of appropriate best managernent practices, so as to ensure
that pollutants are not discharged into the Channel nor into DISTRICT'S flood control system.
5. HOLD HARMLESS (PMES7.2S)
GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County including the
right of contribution for loss of or damage to property, or injury to or death of any person arising from,
growing out of or in any way connected with or related to this Easement Deed except claims arising from the
concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and
contractors. GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by
DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents,
employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for
injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted
in, on, or over the Easement Area; and/or GRANTEE'S exercise of the rights under this Easement Deed,
except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their
elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any
lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit,
GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action
unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendants) in such legal action,
in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorneys'
fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent' jurisdiction
because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and
GRANTEE agree that liability will be -apportioned as determined by the court. Neither parry shall request a
jury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code
Section 1542 which provides as follows:
A general release does not extend to -claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which, if known by him or
her, must have materially affected his or her settlement with the debtor.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this section.
StreetlHighway Easement - oCFCD to City of Santa Ana 3 08/04/10
6. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon,
kept, or used in or about the Easement Area, If GRANTEE breaches the obligations stated herein, or if
contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally
liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel
approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or
appointed officials, officers, agents, and employees fi-om any and all claims, judgments, damages, penalties,
fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area,
sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during
or after GRANTEE'S use of the Easement Area as a result of such contamination. This indemnification
includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site
conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local
governmental entity or agency because of Hazardous Material being present in the soil or ground water under
the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to
clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous
Material by GRANTEE, provided GRANTEE shall first have obtained Director's written approval and the
approval of any necessary governmental entities or agencies for any such remedial action.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste
which is or shall become regulated by any governmental entity or agency, including, without limitation, the
County, the state of California, or the United States government.
7. RESERVATIONS (PMES9. IS)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights
in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights
and easement herein granted.
In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the disturbance
of the Easement Area, DISTRICT'S only responsibility shall be to backfrll with compacted earth to the grade
of the surrounding property following completion of DISTRICT'S activity. GRANTEE shall restore
-6'RANTEE'S Facilities to the design and grade approved as provided for in Section 1 above.
8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES 10.I S)
This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against.the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to
GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or
warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT'S
interest therein.
9. TAXES AND ASSESSMENTS (PMES11.IS)
Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on
such interest, it is understood and agreed that all taxes and assessments (including but not limited to said
possessory interest tax) which become due and payable upon the Easement Area or upon fixtures, equipment,
or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed,
StreetUghway Easement - OCFCD to City of Santa Ana 4 08/04/10
shall.be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be
paid promptly when due.
10." NOTICES (M ES12AS)
All notices, documents, correspondence and communications concerning this Easement Deed shall be
addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be
sent through the United States mail with postage prepaid. Any such mailing shall be deemed seined or
delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the
other party at least ten (10) calendar days' prior written notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other
communications to the other by personal delivery or by facsimile and so given shall be deemed to have been
given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided
transmitted by 4:30 P.M. (PT) on the receiving Parry's regular business -day, otherwise delivery shall be
deemed to have been given on the neat business day.
To DISTRICT:
Orange County Flood Control District
c/o OC Public Works/Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
(300 N. Flower Street, Santa Ana 92703)
Facsimile: 7141834-2870
11. VENUE (PMES 13.1 S)
To GRANTEE:
City of Santa Ana
Attention Deputy City Engineer
Public Works Agency
P.O. Box 1988
(20 Civic Center Plaza)
Santa Ana, CA 92702
Facsimile:
The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent
jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit
to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to
another county.
12. WAIVER OF RIGHTS (PMES 14.1 S)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this
Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not
be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the
Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term,
covenant, or condition of the Easement Deed.
13. SEVERABILITY (PMES I S.I S)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full
force and effect and shall in no way be affected, impaired or invalidated thereby.
Street/Highway Easement - OCFCD to City of Santa Ana S 08/04/10
14. ATTORNEYS' FEES (PMES16.1S)
hi any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any
provision hereof is validly asserted as a defense, each Parry shall bear its own attorneys' fees and costs.
15. SUCCESSORS AND ASSIGNS (PMES18.IS)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors,
administrators and assigns of the Parties hereto.
16. AUTHORITY (PMES20.1S)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized
and executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
Approved as to Form
Office of the County Counsel
Orange County, California
By: I� )Kt^ a N • f�As� (�i�
Deputy
Date: SC-Z ( - kc)
Signed and certified that a copy of this document
has been delivered to the Chair of the Board per
G.C. Sec. 25103, Reso 79-1535
ATT T:
DarMe J. Bloom
Clerk of the Board of Supervisors
Orange County Flood Control District
Orange County, California
Approved as to Form:
Joseph W. Fletcher
City Att ey
By:
se Sandoval
hief Assistant City Attorney
Street/Highway Easement - OCFCD to City of Santa Ana
DISTRICT
ORANGE COUNTY FLOOD CONTROL DISTRICT
By: .
Chair, "bpervisors lv^j
Orange County, California
GRANTEE
City of Sapta Ana
a charter city and municipal corporation,
duly organized and existing under the Constitution
and laws of the 44�d
tate of California
By:
David N. Ream, City Manager
ATTEST!
MARIAD. HUI7r0.R 08iO4n0
CLERK OF THE COUNCIL
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
OnNO.IE.+aF-R10,20t0beforeme, CZkt(�1V A(-.7(.A11.1}fZ personally appeared
SUSRN NONJN10K
who proved to me on the basis of satisfactory evidence to be the person�0 whose name,(d) is/wt subscribed to the within
instrument and acknowledged to me that X/she/Ijwy executed the same in>rs/her/t4dir authorized capacityjid), and that
by tAi er/their signatureJka) on the instrument the personfafi, 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 paragraph is true
and correct.
WITNESS my band and official seal.
Signature
(Seal) RUBEN AGWLAR
CommlNbn 1174721 B
2 Notary PubBC . Callbmla
6,MVCWM.EVNW"26,20jj
Document: Easement Deed
Grantor/Grantee: OC Flood Control District/City of Santa Ana
gAliuc>a v��ti�afl �':3•
BfStJ" i M wcratwrnr.:s;7 ?
dYNS9WYA? »ic3U9 y�yiGW1 r ,`,..d`3
Y1tlUQ:� A� tsiJ
ii�S di es�t+.ix� Txstn-: �A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 29th day of November. 2010, before me, Maria R. Huizar, , Notary Public,
personally appeared David N. Ream who proved to me on the basis of satisfactory
evidence to be the p_rs n/persons whose r N/names mare subscribed to the within
instrument and acknowledged to me that(t�#sha/##ey executed the same in Sb/hedtheir
authorized c—55pcapaeifies and that by MjWhe#their i I nat`—/sig-natures on the
instrument the er /persons, or the entity upon behalf of which the p�!R s
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARYSEAL Witness my hand and official seal.
IA R. XUITJiR �y�_. -�
commission N 1769 c
&x:wamublle - Ca1RorMa Signature of Notary
n" County
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate
❑
Officers
Title(s)
❑
Partner(s)
❑
General Partner of a Limited
❑
Partnership
❑
Attorney -in -Fact
❑
Trustee (s)
❑
Subscribing Witness
❑
Guardian/Conservator
❑
Other:
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
IMiIUH .4 Al2AM
Kiaac 1 7 .noillimmo,
vinmW403 iffoul vTot
vu"o OWN00
Coast Surveying, Inc.
July 7, 2010
EXHIBIT A
EASEMENT
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF NORTH RIGHT OF WAY LINE OF FIRST STREET (30 FEET
HALF WIDTH) WITH THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER
CHANNEL (400 FEET IN WIDTH) AS DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT RECORDED AUGUST 18, 1958, IN BOOK 4386, PAGE 151 OFFICIAL RECORDS,
IN THE OFFICE THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89°32'14" WEST
422.39 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF FIRST STREET TO THE
NORTHWESTERLY RIGHT OF WAY LINE OF SAID CHANNEL FOR THE SANTA ANA RIVER, BEING A
POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 11,659.20
FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 71°08'02" WEST; THENCE
NORTHEASTERLY 16.87 FEET ALONG SAID CURVE AND ALONG SAID NORTHWESTERLY RIGHT OF
WAY LINE THROUGH A CENTRAL ANGLE OF 00"04'58" TO A LINE PARALLEL WITH AND 16.00 FEET
NORTHERLY OF SAID NORTH RIGHT OF WAY LINE OF FIRST STREET; THENCE NONTANGENT
ALONG SAID PARALLEL LINE SOUTH 89-32'14" EAST 401.80 FEET; THENCE NORTH 37019,58" EAST
3.75 FEET; THENCE SOUTH 89032'14" EAST 19.59 FEET TO THE SOUTHEASTERLY RIGHT OF WAY
LINE OF THE SANTA ANA RIVER CHANNEL, BEING A POINT ON A NONTANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 11,269.20 FEET, A RADIAL BEARING TO SAID POINT
BEARS NORTH 70021'12" WEST; THENCE SOUTHWESTERLY 20.11 FEET ALONG SAID CURVE AND
ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 00°06'08"
TO THE POINT OF BEGINNING.
CONTAINING 6,821 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART
HEREOF.
DATED THIS 19T" DAY OF AUGUST, 2010
GWEN-VERA DEL CASTILLO, PLS 5108
5108
C A\-
106-104 OC'FCD
14. ATTORNEYS' FEES (PMES 16.1 S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any
provision hereof is validly asserted as a defense, each Party shall bear. its own attorneys' fees. and costs.
15. SUCCESSORS AND ASSIGNS (PMES 18.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors,
administrators and assigns of the Parties hereto.
16. AUTHORITY (PMES20.IS)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized
and executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
Approved as to Form
Office of the County Counsel
Orange County, California
By:
Deputy
Date:
Signed and certified that a copy of this document
has been delivered to the Chair of the Board per
G.C. Sec. 25103, Reso 79-1535
ATTEST:
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County Flood Control District
Orange County, California
Approved as to Form:
Joseph W. Fletcher
City Attorney
By: �
{y ose Sandoval
Chief Assistant City Attorney
DISTRICT
ORANGE COUNTY FLOOD CONTROL DISTRICT
MI -
Chair, Board of Supervisors
Orange County, California
ATTEST:
( -77j a, . jD
MARIA D. HUIZAR
CLERK OF THE COUNCIL
GRANTEE
City of Santa Ana
a charter city and. municipal corporation,
duly organized and existing under the Constitution
and laws of the,State.pf.Galifoinia
By:ry .�.
David N. Ream, pity Manager
Street(Highway Easement - OCFCD to City of Santa Ana 6 08/04/10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 1st day of November, 2010, before me, Maria R. Huizar , Notary Public,
personally appeared David N. Ream who proved to me on the basis of satisfactory
evidence to be the er orr/pefsons whose game/namesciiVar-e subscribed to the within
instrument and acknowledged to me that l5d/sheithey executed the same it FiI, /her/their
authorized apa tt�/capacities and that by b s/herLtheir sjgntre/signatures on the
instrument the p�(q, /pefsons, or the entity upon behalf of which the pC(t6h/persons
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
MARIA R.mass
COmmiulon # 1749774
Notary Fume • Caplornia
Orange County r
CAPACITY CLAIMED BY SIGNER:
Q,
Individual(s)
Corporate
❑
Officers
Title(s)
❑
Partner(s)
❑
General Partner of a Limited
❑
Partnership
❑
Attorney -in -Fact
❑
Trustee (s)
❑
Subscribing Witness
❑
Guardian/Conservator
❑
Other:
Witness my hand and official seal.
Signature of Notary �.
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
Attachment A
r�s .ynxs1.
y 7. ono
EXHIBIT A
EASE-MENT
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF Thz SOUTHEAST
QUARTER OF SECTION 10, TO'NNSW 5 SOVTH, RANGE 10 WEST, SAN BERNARDINO MERID'AN,
IN THE CrY OF SANTA ANA, COUNTY OF CRANCE, STATE OF CALIFCRNtA, DESCRIBED AS
FQLtays:
BEGINNING AT THE INTERSECTION OF NORTH RIGHT OF WAY LINE OF FIRST STREET (SO FSET
HALF WIDTH) WITH THE SOUTHEASTFRLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER
CHANNtiL (400 FEET IN WIDTH) AS DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT R:CORDEOAUGUST 18, 1958, IN BOOK43W, PAGE M OFFICIALRECOFDS,
IN THE OFFICE THE COU.`t1Y RECORDER OF SAID COUNTY; THENCE h10R7H E9'32'14' UVEST
42239 FEET ALONG SAID NORTH RIGHT OF WAY LINE CF FIRST STREET TO THE
NORTHWESTERLY NOHTOF WAY LINE Of SAID CHANNEL FORTH, SANTA ANA RIVEN, BEING A
POINT ON A NONTANGENT CLIME CONCAVE SOUTHEASTERLY HAVING A RADIUS OF IJ.659.20
FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 71 W02' WEST; THENCE
NORTHEASTERLY 16.81 FEETALONG SAID CURVE AND ALONG SAIO NORTMESTERLY RIGHT OF
WAY LINE THROUGH A CENTRAL ANGLE OF 30'04'S8' TO A LINE PARALLEL WBT I AND 16.60 FEET
NORTHERLY CF SAID NORTH RIGHT OF WAY LINE OF FIRST; STREET; THENCE NCNTAIQGENT
ALONG SAID PARALLEL LINE SOUTH a9'32'le EAST 401.90 FEET; THENCE NORTH 3?119'56' FAST
3.76 FEET.• THENCE SOUTH 89'3214' EAST 10.69 FEET TO THE SOUTHEASTERLY RIGHT OF WAY
LINE OF T1ifi S4NTA ANA RIVER WNNE , BEING A POINT ON A NCNTANGENT CURVE CONCAVE
SOMEASTERLY HAVING A RADIUS OF 11,25929 FEET, A RADIAL BEARING TO SAID PCINT
SEARS NORTH 70`21'12' WEST' THENCE SOUTHWESTERLY 20,ii F=ET ALONG SAID CURye AND
ALONG SAM SOUTHEASTERLY RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF Or W
TO THE PONT OF BEGINNNO.
CONTA NING 6.821 SQUARE FEET, {ACRE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXH81T B ATTACHED HERETO AND MADE A PART
HEREOF.
DATED THIS 1911 DAY OF AUGUST, 2010 60 LAND SL
1�
N., Lx sloe
GWE4VERA DEL CASTILLO. PLS 5108
F ofi CAiti4o
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SFEE7 Y OF , EASEMENT rnsrc�saal raxaxrlot+. syc e
p urm-san �I:) Ala-sxsa
12 of 13
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, CA 92701
Mail Tax Statements as shown above
�aCO'Y
THIS SPACE FOR
DOCUMENTARY TRANSFER TAX $
APN: _ Computed on the consideration or value of property conveyed A-2010-203
_ Exempt per Revenue & Taxation Code Section 11922
Exempt from Recording Fees per Govt. Code Section 27383
By:
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX PntM NAME
❑ Unincorporated Area
M Incorporated - City of Santa Ana
Parcel No: E01.950
Project: Santa Ana River
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to
CITY OF SANTA ANA,
a charter city and municipal corporation, duly organized and
existing under the Constitution and laws of the State of California,
hereinafter referred to as "GRANTEE," its; successor and assigns,
a non-exclusive easement for street and highway purposes in, on, over; upon and across that certain real
property (hereinafter referred to as "Easement Area") described in "Exhibit A," and illustrated in "Exhibit
B," which exhibits are attached hereto and made a part hereof. DISTRICT and GRANTEE, may sometimes
hereinafter be individually referred to as "Party" or jointly as "Parties".
GRANTEE'S rights shall include rights to construct, repair, maintain and use surface improvements consisting
of roadways, curbs, gutters, sidewalks, and landscaping ("Facilities") and shall include reasonable access to
the Easement Area for the purpose of exercising the rights herein granted.
It is understood and agreed by the Parties hereto and their successor and assigns that said easement and right
of way herein granted in this easement deed ("Easement Deed") shall be subject to the following terms,
conditions, and reservations:
Street/Highway Easement - OCFCD to City of Santa Ana 1 08/04/10
1. CONSTRUCTION AND MAINTENANCE (PMES2.2S)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT'S
Director OC Public Works, or designee, (hereinafter referred to as "Director") prior to commencement of any
work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall
immediately notify Director in writing of such completion.
Director's approval of GRANTEE'S construction and/or maintenance plans shall not be deemed approval
from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or
other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or
maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans.
Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE'S
construction and/or maintenance plans.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as the Santa Ana River Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for
unobstructed flood control operations and maintenance of the Channel by DISTRICT.
Should it be necessary for GRANTEE to conduct any construction or excavation activities or otherwise
disturb the surface of the Easement Area subsequent to the completion of the initial installation of
GRANTEE'S Facilities, GRANTEE agrees to notify Director in writing sixty (60),days in advance of such
planned activities, obtain Director's written approval of all plans, and obtain a permit for construction from
the County of Orange ("County") with payment of normal processing fees prior to commencement of any
such activities. Said approval shall not be withheld unreasonably, nor shall said approval be necessary in any
emergency situation or in conducting routine maintenance activities which do not involve disturbance of the
surface area.
Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as may
endanger or interfere with GRANTEE'S Facilities provided, however, that any excavation shall be made in
such a manner as will cause the least injury to the surface of the ground and any improvements and/or
landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the
ground and any improvements and/or landscaping around such excavation, damaged shall be promptly
restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's
satisfaction.
GRANTEE shall, at no cost to DISTRICT, maintain in good repair and hi safe condition all Facilities
constructed, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement
Deed.
2. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event (a) GRANTEE'S Facilities are no longer required, or (b) GRANTEE'S
use of said Facilities ceases for a continuous period of more than one (1) year without written notice from
GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to
resume usage of the facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove
and/or abandon said Facilities within ninety (90) days after receipt of written notice from Director to remove
and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT,
restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to
Director's satisfaction.
Street/Highway Easement - OCPCD to City of Santa Ma 2 08/04/10
GRANTEE shall also execute and deliver to Director, within ninety (90) days of such removal and/or
abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed
sufficient to remove the encumbrance of this Easement Deed from title.
3. RELOCATION (PMES4.I S)
GRANTEE agrees that in the event GRANTEE'S Facilities shall at any time interfere with the operation,
maintenance, replacement, or improvement of DISTRICT'S property as determined by Director, GRANTEE
shall, within ninety (90) days of receipt of written notice from Director, relocate at GRANTEE'S expense
GRANTEE'S Facilities to a site designated by Director. All other terms and conditions of this Easement
Deed shall remain the same.
4. COMPLIANCE WITH APPLICABLE WATER QUALITY REQUIREMENTS (PMES6.2S)
GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any
NPDES permit requirements or other water quality statutes, regulations, ordinances, or permits, applicable to
the construction, including but not limited to use of appropriate best management practices, so as to ensure
that pollutants are not discharged into the Channel nor into DISTRICT'S flood control system.
5. HOLD HARMLESS (PMES7.2S)
GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County including the
right of contribution for loss of or damage to property, or injury to or death of any person arising from,
growing out of or in any way connected with or related to this Easement Deed except claims arising from the
concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and
contractors. GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by
DISTRICT), and hold harmless, DISTRICT' and County, their elected and appointed officials, officers, agents,
employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for
injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted
in, on, or over the Easement Area, and/or GRANTEE'S exercise of the rights under this Easement Deed,
except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their
elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any
lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit,
GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action
unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action,
in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorneys'
fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction
because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and
GRANTEE agree that liability will be apportioned as determined by the court. Neither party shall request a
jury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code
Section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which, if known by him or
her, must have materially affected his or her settlement with the debtor.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this section.
Street/Highway Easement - OCFCD to City of Santa Ma 3 08/04/10
6. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon,
kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if
contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally
liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel
approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or
appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties,
fries, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area,
sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during
or after GRANTEE'S use of the Easement Area as a result of such contamination. This indemnification
includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site
conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local
governmental entity or agency because of Hazardous Material being present in the soil or ground water under
the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to
clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous
Material by GRANTEE, provided GRANTEE shall first have obtained Director's written approval and the
approval of any necessary governmental entities or agencies for any such remedial action.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste
which is or shall become regulated by any governmental entity or agency, including, without limitation, the
County, the state of California, or the United States government.
7. RESERVATIONS (PMES9.1 S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights
in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights
and easement herein granted.
In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the disturbance
of the Easement Area, DISTRICT'S only responsibility shall be to backfill with compacted earth to the grade
of the surrounding property following completion of DISTRICT'S activity. GRANTEE shall restore
GRANTEE'S Facilities to the design and grade approved as provided for in Section 1 above.
S. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES 10.1 S)
This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to
GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or
warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT'S
interest therein.
9. TAXES AND ASSESSMENTS (PMES11.1S)
Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on
such interest, it is understood and agreed that all taxes and assessments (including but not limited to said
possessory interest tax) which become due and payable upon the Easement Area or upon fixtures, equipment,
or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed,
Street/Highway Easement- 0CFCD to City of Santa Ana 4 08/04/10
shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be
paid promptly when due.
10. NOTICES (PMES12.1S)
All notices, documents, correspondence and communications concerning this Easement Deed shall be
addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be
sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or
delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the
other party at least ten (10) calendar days' prior written notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other
communications to the other by personal delivery or by facsimile and so given shall be deemed to have been
given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided
transmitted by 4:30 P.M. (PT) on the receiving Party's regular business day, otherwise delivery shall be
deemed to have been given on the next business day.
To DISTRICT:
Orange County Flood Control District
c/o OC Public Works/Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
(300 N. Flower Street, "Santa Ana 92703)
Facsimile: 714/834-2870
II. VENUE (PMES13.1S)
To GRANTEE:
City of Santa Ana
Attention Deputy City Engineer
Public Works Agency
P.O. Box 1988
(20 Civic Center Plaza)
Santa Ana, CA 92702
Facsimile:
The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent
jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit
to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to
another county.
12. WAIVER OF RIGHTS (PMES14.IS)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this
Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not
be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the
Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term,
covenant, or condition of the Easement Deed.
13. SEVERABILITY (PMES 15.1 S)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full
force and effect and shall in no way be affected, impaired or invalidated thereby.
Sneet/Highway Easement - OCFCD to City of Santa Ma - 5 08/04/10
MOM
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
OnNUJr-MgEf", Iy ,2010beforeme, personally appeared
`,,uSRN NaV�K
who proved to me on the basis of satisfactory evidence to be the personfO whose namckgj islw'e subscribed to the within
instrument and acknowledged to me thatX/she/tpry executed the same in Ms/her/thdir authorized capacityfiell), and that
by (ziAcr/tlieh signaturefs'I on the instrument the personf&Y, or the entity upon behalf of which the personjs) 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
Document: Easement Deed
Grantor/Grantee: OC Flood Control District/City of Santa Ana
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 29th day of November, 2010, before me, Maria R. Huizar , Notary Public,
personally appeared David N. Ream who proved to me on the basis of satisfactory
evidence to be the ;q rs n/persons whose r lb/names Ware subscribed to the within
instrument and acknowledged to me thatde sheMey executed the same in 0/h- er4heir
authorized c a� apaefties and that by djIYher4their I nat /sigtTatares on the
instrument the ar /persons, or the entity upon behalf of which the persons
acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
MARRIAA R. UH ILWR
Commission # 1769776
Notary Public - California
-
Orange County 16
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate
❑
Officers
Title(s)
❑
Partner(s)
❑
General Partner of a Limited
❑
Partnership
❑
Attorney -in -Fact
❑
Trustee (s)
❑
Subscribing Witness
❑
Guardian/Conservator
❑
Other:
Witness my hand and official seal.
Signature of Notary
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
Coast Surveying, Inc.
July 7, 2010
EXHIBIT A
EASEMENT
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF NORTH RIGHT OF WAY LINE OF FIRST STREET (30 FEET
HALF WIDTH) WITH THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER
CHANNEL (400 FEET IN WIDTH) AS DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT RECORDED AUGUST 18, 1958, IN BOOK 4386, PAGE 151 OFFICIAL RECORDS,
IN THE OFFICE THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89032'14" WEST
422.39 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF FIRST STREET TO THE
NORTHWESTERLY RIGHT OF WAY LINE OF SAID CHANNEL FOR THE SANTA ANA RIVER, BEING A
POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 11,669.20
FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 71°08'02" WEST; THENCE
NORTHEASTERLY 16.87 FEET ALONG SAID CURVE AND ALONG SAID NORTHWESTERLY RIGHT OF
WAY LINE THROUGH A CENTRAL ANGLE OF 00004'58" TO A LINE PARALLEL WITH AND 16.00 FEET
NORTHERLY OF SAID NORTH RIGHT OF WAY LINE OF FIRST STREET; THENCE NONTANGENT
ALONG SAID PARALLEL LINE SOUTH 89032'14" EAST 401.80 FEET; THENCE NORTH 37°19'58" EAST
3.75 FEET; THENCE SOUTH 89°32'14" EAST 19.59 FEET TO THE SOUTHEASTERLY RIGHT OF WAY
LINE OF THE SANTA ANA RIVER CHANNEL, BEING A POINT ON A NONTANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 11,259.20 FEET, A RADIAL BEARING TO SAID POINT
BEARS NORTH 70"21'12" WEST; THENCE SOUTHWESTERLY 20.11 FEET ALONG SAID CURVE AND
ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 00006,08"
TO THE POINT OF BEGINNING,
CONTAINING 6,821 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART
HEREOF.
DATED THIS 19T" DAY OF AUGUST, 2010
GWEN-VERA DEL CASTILLO, PLS 5108
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14. ATTORNEYS' FEES (PMES16.1S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any
provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs.
15. SUCCESSORS AND ASSIGNS (PMESIS.IS)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors,
administrators and assigns of the Parties hereto.
16. AUTHORITY (PMES20.1S)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized
and executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
Approved as to Form
Office of the County Counsel
Orange County, California
By:
Deputy
Date: IZ-Z `f - l()
Signed and certified that a copy of this document
has been delivered to the Chair of the Board per
G.C. Sec. 25103, Reso 79-1535
ATT
Darkhe J. Bloom
Cleric of the Board of Supervisors
Orange County Flood Control District
Orange County, California
Approved as to Form:
Joseph W. Fletcher
City Atrey
se Sandoval
hief Assistant City Attorney
Street/Highway Easement - OCFCD to City of Santa Ana
DISTRICT
ORANGE COUNTY FLOOD CONTROL `DISTRICT
By. D ..1
Chair, YNirpervisors
Orange Coun , California
City of Sapta Ana
a charter city and municipal corporation,
duly organized and existing under the Constitution
and laws of the State of California
By: 9'r �'d
David N. Ream, City Manager
ATi'EST:
MARIA D. HUIZAR 09iO4n0
CLERK OF THE COUNCIL
COTC PROCESSING FORM
Agreements and amendments
k kt ^wv.:, �s�2
TO: CLERK OF THE COUNCIL OFFICE
FROM: DEPT.: Public Works - Design Engineering
PROJECT MANAGER: Jason Gabriel
AGREEMENT NUMBER (if amendment): A / N Easement Deed
AMENDMENT NUMBER (if applicable): ❑ 1ST ❑ 2ND ❑ 3RD
NAME OF CONSULTANT: County of Orange
C;T.,
Ak1 !Q- 25
MAIL STOP:$
EXT.: 5664
AMOUNT: ❑ * OVER $25,000 -D(A) El *UP TO $25 000 - (N)
V1E'- 1<'PcY _ PJotn 'Pyovr a grou rir nt ..tiNIi a venrlcirr, rxc ,d's uv t ,jr= a ri;,ca
ihonyou wdI nced to obtai,r t €ainti° Apix0 v''
COUNCIL APPROVAL DATE: /o Ig y / 0 ITEM #:
TERM OF AGREEMENT- EFFECTIVE DATE:
TERMINATION DATE:
SIGNATURES REQUIRED: ❑ VENDOR ❑ AGENCY
0 CITY ATTORNEY IV] OTHER
(INSURANCE APPROVAL REQUIRED BY CAD PRIOR TO SUBMITTING TO COTC)
INSURANCE REQUIRED: ❑ YES 0 NO (Provide City Attorney Office approval)
❑ AUTO ❑ CGL (Commercial General Liability)
❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION
COMMENTS: If Jason Gabriel is not available, please contact Carlos Castellanos (x5642).
CLERK OFFICE USE ONLY:
❑ PROCESS ❑ DO NOT PROCESS
❑ Needs Council Approval
❑ Missing Signatures
❑ Other
ADDITIONAL REMARKS:
" Charter amendment effective December 21, 2006 for City Manager contract authority increase; NS-2717
I. Agreements\Form- AGREEMENT PROCESSING FORM_canary_10-26-10.tloc
251 AGMT NO. 2010-203 - RIGHT-OF-WAY ACQUISITION FOR FIRST
STREET BRIDGE REPLACEMENT (PROJECT NO. 061723) - Execute
an acquisition agreement with Orange County Flood Control District for an
easement for construction of First Street Bridge over Santa Ana River in
the amount of $40,900 - Public Works Agency
LAND USE MATTERS
CONDITIONAL USE PERMITIVARIANCES
31A CONDITIONAL USE PERMIT NOS. 2010-18 AND 2010-19 - TO ALLOW
AFTER-HOURS OPERATION AND A BANQUET FACILITY AT THE
CHAPTER ONE RESTAURANT LOCATED IN THE SPECIFIC
DEVELOPMENT NO. 84-DOWNTOWN (SD84-DT) ZONING DISTRICT -
227 NORTH BROADWAY; JEFFREY D. HALL, APPLICANT - Planning
and Building Agency
Recommended action approved by the Planning Commission on
September 27, 2010, by a vote of 7-0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2010-18 and Conditional Use Permit No. 2010-19 as
conditioned.
3113 CONDITIONAL USE PERMIT NO. 2010-20 - TO ALLOW THE RAMONA
BANQUET HALL IN THE BASEMENT LEVEL OF AN EXISTING
COMMERCIAL BUILDING IN THE SPECIFIC DEVELOPMENT NO. 84-
DOWNTOWN (SD84-DT) ZONING DISTRICT - 120 WEST FIFTH
STREET, SUITE 110; CARLA LEONARDO, APPLICANT - Planning and
Building Agency
Recommended action approved by the Planning Commission on
September 27, 2010, by a vote of 7-0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2010-20 as conditioned.
**END OF CONSENT CALENDAR**
CITY COUNCIL MINUTES 12 OCTOBER 18, 2010