HomeMy WebLinkAbout25D - RIGHT-OF-WAY OCTA AT-GRADE RAIL ENHANCEMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2011
TITLE:
ACQUISITION OF RIGHT-OF-WAY FOR
THE OCTA AT-GRADE RAIL SAFETY
ENHANCEMENTS (PROJECT NO. 091745)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached acquisition
agreements with Orange County Transportation Authority (OCTA) subject to nonsubstantive
changes approved by the City Manager and City Attorney, to convey to the City a portion of the
property located on Lincoln Avenue between Santa Ana Blvd. and Fruit Street at no charge.
DISCUSSION
On October 20, 2008, City Council approved a cooperative agreement with the (OCTA for the
Grade Crossing Enhancement Program at ten crossings in the city. Improvements include
medians, roadway signing and striping, pedestrian gates, and other vehicular gate enhancements.
OCTA is the lead agency for this project and the City has a 12 percent share of the costs.
The purpose of this program is to enhance railroad safety and to make the streets and roads safer
for the community. To install the improvements at the crossing located at Santa Ana Blvd.
additional right-of-way is needed from a parcel along Lincoln owned by OCTA (Exhibit 1). OCTA
has agreed to grant easements for the additional right-of-way at no charge to the City.
ENVIRONMENTAL IMPACT
A Notice of Exemption and Categorical Exemption - Class 1 (f): Safety Protection Devices (ER #
2008-159) has been prepared for the project and is consistent with both of these agreements.
25D-1
Acquisition of Right-of-Way for the
OCTA At-Grade Rail Safety Enhancements
April 18, 2011
Page 2
FISCAL IMPACT
There's no fiscal impact associated with this action.
Raul Godinez I
Executive Director
Public Works Agency
RG/SA
Exhibit 1: Location map
2: Agreements
25D-2
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EXHIBIT 1
SANTA ANA
CITY COUNCIL TITLE: ACQUISITION OF RIGHT-OF-WAY
AGENDA DATE FOR THE OCTA AT-GRADE RAIL SAFETY
V APRIL 18, 2011 ENHANCEMENTS (PROJECT NO. 091745)
PUBLIC WORKS AGENCY
LEGEND
SUBJECT PROPERTY
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25D-4
EXHIBIT 2
Agreements
25D-5
25D-6
PURCHASE AND SALE AGREEMENT
FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT (hereinafter "PSA"), entered into on--------- , 2011
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and the Orange County
Transportation Authority, a Governmental Agency organized under the Laws of the State of California
(hereinafter "Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City
agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real
Property") legally described and depicted as follows:
SEE EXHIBIT "A" - Legal Description
and EXHIBIT "B" - Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of No Situs, Santa Ana, Ca)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Easement
Deed, within thirty (30) days from and after the date on which the City has approved this PSA.
2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City
by Seller by Easement Deed as set forth in Exhibit "C" to this PSA.
3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and
Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years
prior to the fiscal year within which said conveyance is made shall be paid by Seller before
conveyance of Said Real Property to City.
4 Payment of Purchase Price. Seller agrees to waive the right to an appraisal and
compensation from City. Seller agrees to accept $0.00 from City for the full purchase price for Said
Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance
damages (if any). City agrees to quitclaim property to Seller if the Said Real Property is no longer
needed for project purposes at no expense to Seller.
6. Recordation of Easement Deed. Buyer shall not record the Easement Deed until this PSA is
fully-executed by both Seller and City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
25D-7
9. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
10. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
11. Permission to Enter on Premises. It is understood and agreed that for project planning and
funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of
possession to the area depicted in Exhibit "B" to perform the work described in Paragraph 25.
However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent,
providing Seller with a 48-hour prior written notice to perform the construction items listed in
Paragraph 25 below.
12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
address of the Seller is:
Orange County Transportation Authority ("OCTA")
550 S. Main Street
P.O. Box 14184
Orange, CA 92863
ATTN: Bill Mock
13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party
if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore
to Seller before September 30, 2011.
15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or
transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
arising from or out of any claim, action, suit or proceeding for personal injury (including sickness,
disease, or death, tangible or intangible property damage, compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
This indemnity extends only to liability created prior to or up to the date this transaction shall close.
Seller shall not be responsible for acts or omissions to act post close of this transaction.
16. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
25D-8
17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect,
but all the remaining provisions of this PSA shall remain in full force.
18. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
19. Governing Law. This PSA shall be governed by and construed in accordance with the laws
of the State of California.
20. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability of executing this PSA and the meaning of the
provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or
against any party based upon any attribution to such party as the source of the language in question.
21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (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 PSA, without cost.
23. Applicability of Agreement To Assionees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
24. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature hereinbelow has the power, authority and right to bind their respective parties to each of the
terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
25. Construction Contract and Curative Work.
(a) It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall
perform the following construction contract items at the time of the installation of the proposed
project: Restore property to existing condition.
(b) It is understood and agreed by and between the parties hereto that the compensation paid to
Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct
and/or refurbish the following improvements located on the Property: NONE.
26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
/
25D-9
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER:
1AI A.L
-AIVI Ve
Will Kempton
Chief Executive Officer
Date: 3 .14 , 1) , 2011
Approved as to Forrn:
Date: iM 0--g/ , 2011
Kennard R. Smart, Jr.
General Counsel
CITY/BUYER
City of Santa Ana
David N. Ream
City Manager
Attest:
Date: , 2011
Date:
2011
Patricia H. Healey
City Clerk
Approved as to Form:
Joseph W. Fletcher
City Attorney
A-Z-sz - P
J andoval
Se i r Managing Assistant City Attorney
Date: 2011
25D-10
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
25D-11
Coast Surveying, Inc.
May 8, 2009
EXHIBIT "A"
LEGAL DESCRIPTION
STS-PCL-4
THAT PORTION OF THAT CERTAIN RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY'S SAN DIEGO BRANCH IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WITHIN RANCHO SANTIAGO DE
SANTA ANA, SITUATED IN SECTION 7, TOWNSHIP 5 SOUTH, RANGE 9 WEST OF THE SAN
BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN THAT CERTAIN DEED TO
CALIFORNIA CENTRAL RAILWAY COMPANY AND THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY CO., RECORDED SEPTEMBER 22,1887 IN BOOK 311, PAGE 43 OF DEEDS, IN
THE OFFICE OF THE LOS ANGELES COUNTY RECORDER AND AS SHOWN ON RECORD
OF SURVEY 95-1035, FILED IN BOOK 151, PAGES 47 THROUGH 50 OF RECORDS OF
SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF
SANTA ANA BOULEVARD (104 FEET WIDE) AND THE WEST LINE OF THE LAND
DESCRIBED IN SAID RAILROAD DEED; THENCE ALONG SAID SOUTHEASTERLY RIGHT
OF WAY LINE NORTH 54°53'48" EAST 7.72 FEET TO THE EAST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID EASTERLY LINE SOUTH 00°05'16" EAST 62.83 FEET;
THENCE NORTH 89°42'46" WEST 7.00 FEET TO SAID WEST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID WEST LINE NORTH 00°05'16" WEST 59.52 FEET TO THE
POINT OF BEGINNING.
CONTAINING 428 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DA
(24 . TED THIS 8TH DAY OF MAY, 2009. \_ D 8 ???
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GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108
REGISTRATION EXPIRES 6!30(09 EXP. 5./30'/09 "r
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25D-12
EXHIBIT "B"
Graphical Depiction of Said Real Property & TCE
25D-13
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DATE:. 5/05/09 EXHIBIT SCALE:. 17=40 _ COAST SURVEYING; INC.
SHEET 1 OF 1 APN 3?8- ?FQ 1503t?. PARKWAY L66f,' m-,
/l A TUSTIN, CA 92760-6527 (7241 916-6256
EXHIBIT "C
Easement Deed
25D-15
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
TAXES
X APPROVED AS TO
I FORM BY ATTY. APPROVED BY
DIRECTOR DESCRIPTION
WRITTENBY DESCRIPTION
CHECKED-O.K. AP.
NUNu
MBER 398-207-02 RAV MAP
NUMBER PROJECT
NUMBER
Portion of No Situs, Santa Ana, CA DEED NUMBER
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Orange County Transportation Authority, a Governmental Agency
organized under the laws of the State of California
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California, easement for public right-of-way purposes in, on, over under, and
through the real property in the City of Santa Ana, County of Orange, State of California, located at No Situs, Santa
Ana, CA, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
For: Orange County Transportation Authority, a Governmental
Agency organized under the Laws of the State of California
Dated
Will Kempton
Chief Executive Officer
State of California
County of
On before me, a Notary Public, personally
appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature (This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
25D-16
My-Jai-o
PURCHASE AND SALE AGREEMENT
FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT (hereinafter "PSA"), entered into on--------- , 2011
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and the Orange County
Transportation Authority, a public entity, (hereinafter "Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City
agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real
Property") legally described and depicted as follows:
SEE EXHIBIT "A" - Legal Description
and EXHIBIT "B" - Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of No Situs, Santa Ana, Ca)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Easement
Deed, within thirty (30) days from and after the date on which the City has approved this PSA.
2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City
by Seller by Easement Deed as set forth in Exhibit "C" to this PSA.
3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and
Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years
prior to the fiscal year within which said conveyance is made shall be paid by Seller before
conveyance of Said Real Property to City.
4 Payment of Purchase Price. Seller agrees to waive the right to an appraisal and
compensation from City. Seller agrees to accept $0.00 from City for the full purchase price for Said
Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance
damages (if any). City agrees to quitclaim property to Seller if the Said Real Property is no longer
needed for project purposes at no expense to Seller.
6. Recordation of Easement Deed. Buyer shall not record the Easement Deed until this PSA is
fully-executed by both Seller and City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
9. Heirs, Assisans, Successors-in-Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
25D-17
10. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
11. Permission to Enter on Premises. It is understood and agreed that for project planning and
funding purposes the Seller hereby grants to Buyer, and authorized agents or contractors, the right of
possession to the area depicted in Exhibit "B" to perform the work described in Paragraph 25.
However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent,
providing Seller with a 48-hour prior written notice to perform the construction items listed in
Paragraph 25 below.
A temporary construction easement has been granted (see Exhibit "D") for a period of two (2)
months from the commencement of construction and terminates at the end of the period or upon
recordation of a Notice of Completion, whichever first occurs. Seller shall be given written notice by
Buyer or Buyer's agent or Buyer's contractor, or designee, as to the date Buyer requires use of
Temporary Construction Easement area for commencement of construction.
12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
address of the Seller is:
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863
ATTN: Bill Mock
OC Public Works/Real Estate Services
300 N. Flower Street, 6th Floor
Santa Ana, CA 92703-5000
Facsimile: 714/834-2870
Reference : Project PM1117-150, 151
13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
14. Ex0ration of Agreement. This PSA shall terminate and become unenforceable by any Party
if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore
to Seller before September 30, 2011.
15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or
transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
arising from or out of any claim, action, suit or proceeding for personal injury (including sickness,
disease, or death, tangible or intangible property damage, compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
This indemnity extends only to liability created prior to or tap to the date this transaction shall close.
Seller shall not be responsible for acts or omissions to act post close of this transaction.
16. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
2501-18
17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect,
but all the remaining provisions of this PSA shall remain in full force.
18. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
19. Governing Law. This PSA shall be governed by and construed in accordance with the laws
of the State of California.
20. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability of executing this PSA and the meaning of the
provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or
against any party based upon any attribution to such party as the source of the language in question.
21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (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 PSA, without cost.
23. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
24. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature hereinbelow has the power, authority and right to bind their respective parties to each of the
terms of this PSA, and shall indemnify City fully, including reasonable costs and attomey's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
25. Construction Contract and Curative Work.
(a) It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall
perform the following construction contract items at the time of the installation of the proposed
project: Restore property to existing condition.
(b) It is understood and agreed by and between the parties hereto that the compensation paid to
Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct
and/or refurbish the following improvements located on the Property: NONE.
26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
2501-19
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER:
4A k?? Date: 11,4-11 2011
Will Kempton
Chief Executive Officer
Approved as to Form:
Date: 1??-rte. , 2011
Kennard R. Smart, Jr.
General Counsel
CITY/BUYER
City of Santa Ana
David N. Ream
City Manager
Date: 12011
Attest:
Patricia H. Healey
City Clerk
Date: 2011
Approved as to Form:
Joseph W. Fletcher
City Attorney
/1' Q.)I'Xi -
s Sandoval
Se i r Managing Assistant City Attorney
Date: ZJ - 3 _,2011
2501-20
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
25D-21
IISIT 'A°
LEGAL DESCRIPTION
STS-PCL-3
Coast Sutvayina [Ilc.
Aol 15.2606
THOSE PORTIONS CF LOTS B1 AND B2 OF BLOCK °B' III THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CAUFORNI-A, AS PER MAP OF DEAN'S ADDITION TO
THE CITY OF SANTA ANA AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 21 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
PARGEL 2 Pwcal PM1117-151
BEGIAMING•AT THE INTERSECTION[ OF TigE SOUTHEASTERLY RIGHT OF WAY OF SANTA
ANNA BOULEVARD (52 FEET HALF WIDTH) AND THE WEST LIME OF DEAN'S ADDITION AS
SHOWN ON RECORD OF SURVEY 95-1035, FILED IN BOOK 151, PAGES 47-50 OF
RECORD,9 OF SURVEY IN THE OFFICE. OF SAID COUNTY RECORDER; THENCE ALONG
SAID SOUTHEASTERLY LINE NORTH 64°53'4$' EAST 8.19 FEET- THENCE SOUTH
DO°'(6'05° WEST 67.33 FEET TO THE NORTHEAST CORNIER OF THE LAND DESCRIBED IN
THE EASEMENT DEED TO ORANGE COUNTY TRANSIT AUTHORITY RECORDED APRIL 25,
2005, AS DOCUMENT NO. 2005000313553, OFFICIAL RECORDS, IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG THE FORTH LINE OF SAID DEED NORTH 89°42'46'
WEST 7.08 FEEL" TO SAID WEST LINE OF DEWS ADDITION; THENCE ALONG SAID WEST
LINE NORTH 00°01'16" WEST 163.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 476 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B° ATTACHED HERETO AND MADE A
DART HEREOF.
DATED THIS 3e DAY OF APRIL, 20DB.
GWEN?VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6I,QI09
It 1070SM4 Sans Aaa szs PCL-3
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125D-22
EXHIBIT "B"
Graphical Depiction of Said Real Property & TCE
25D-23
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I Q a° y) T EASEMENT
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#2005000313553
PER DOC.
4/25/05
REC
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ui REARING DISTANCE
I SG4° 53` 48° W 8, 19'
I I I I 2 SOC' 01' 16° E 63. 82'
i I 3 S89°' 42' 46°E 7. 08'
4 N00116' 05° E 67. 33'
25 25' i N'LY LINE
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2 N00° 16' 05' E
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DISTANCE
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5. 53'
EASEMENT
PER DOC. #2005000313553 O.R.
REC_ 4/25/05
WILY LINE
FRUIT STREET
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JOB #: 107-069
DATE: 4 16 08 -EXHIBIT "B" COAST SURVEYING, INC
SCALE: 1 40 .
TEMPORARY CONSTRUCTION C ,sari PARKWAY LOOP, surrE s
SHEET 1 OF 1 ` TUSTIN, GA 92780-6527 (714) 913-6266
EXHIBIT "C"
Easement Deed
25D-26
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL APPROVED AS TO
TAXES FORM BY A1TY
X APPROVED BY DESCRIPTION
DIRECTOR WRITTEN BY
o.x.
7=12= ON Ay.
rfgER 39$-207-01 RNV MAP
NUMBER PROJECT
NUMBER
Portion of No Situs, Santa Ana, CA DEED NUMBER
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Orange County Transportation Authority, a public entity
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California, easement for public right-of-way purposes in, on, over under, and
through the real property in the City of Santa Ana, County of Orange, State of California, located at No Situs, Santa
Ana, CA, described as follows.
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Orange County Transportation Authority, a public entity
Dated
Will Kempton
Chief Executive Officer
State of California
County of
On before me, a Notary Public, personally
appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seat.
Signature (This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
25D-27
EXHIBIT "D"
Temporary Construction Easement granted by the County of Orange to the Orange County
Transportation Agency
25D-28
RECQRDING REQUESTED BY:
County of Orange
OC Public Works - Real Estate Services
300 N Flower Street, 6t' Floor
Santa Ana, CA 92703-5000
WHEN RECORDED MAIL TO:
MAIL TAX STATEMENTS TO:
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863-1584
R
Tom ecorded in Official Records, Orange County
IIpINQINIII101IIINI1IINIIIIIP1111INillllllll NO FEE
2010000233994 1:47 pm 05/18/10
109 415 E01 A04 B
0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
This is to certify that this document is exempt
from recording fees per Govt. Code Sec. 27383
and is exempt from Document Transfer Tax per
Rev. & Taxation Code Sec. 11922.
Z Incorporated, City of Santa Ana
Parcel No: PM 1117-152
Project: Fruit Street Complex
By: "I 11 - 11 V_ 0
County of O nge
G01ZREC'rCa1> -r-EMPoVLA9tJ GAsCME?'JT `EED
THIS DOCUMENT, PREVIOUSLY RECORDED IN THE COUNTY OF ORANGE AS
DOCUMENT NUMBER 2009000373281, IS BEING RE-RECORDED FOR THE
PURPOSE OF:
OREMOVING AN ERRONEOUSLY INCLUDED PAGE TO THE TEMPORARY
EASEMENT DEED; AND
,REMOVING AND REPLACING THE INCORRECT SIGNATURE PAGE OF THE
TEMPORARY EASEMENT DEED.
/CORRECTING THE LEGAL DESCRIPTION WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF AS EXHIBIT "A" AND CORRECTING THE DEPICTION
OF PARCEL PM1117-152, ATTACHED HERETO AND MADE A PART HEREOF
AS EXHIBIT "B"; AND
G?
NF
25D-29
RECORDED AT REQUEST OF:
WHEN RECORDED MAIL TO:
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863-1584
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
111111 111 111111111111111111 NO FEE
200900037328112:19pm 07114/09
111 200 E01 7
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This is to certify that this documejds-ec. is a empt
from recording fees per Gavt Co27383
and is exempt from Docuikent Tr sfer Tax per
Rev. & Taxatio?Code 57 c. 119,21.
I r r
f }
? Unincorporated Area
By: ® Incorporated, City of Santa Ana
Orange County Transports on Authority
Project/Parcel No: PM1117-152
Project: Fruit Street Complex
TEMPORARY EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby aclmowledged,
COUNTY OF ORANGE, a political subdivision of the State of California, ("GRANTOR"),
does hereby GRANT to ORANGE COUNTY TRANSPORTATION AUTHORITY,
a public entity ("OCTA"),
a temporary construction easement for construction over and across the real property (Parcel PM1117-152) in the
City of Santa Ana, County of Orange, State of California, together with the right to excavate, fill or regrade said
parcel; to enter upon, to pass and repass over and along said parcel and to place and/or store tools, vehicles, storage
containers, implements and other construction related equipment and materials thereon by OCTA, its officers,
agents and employees, and by persons under contract with it and their employees, whenever and wherever
necessary for the purposes above set forth. Said real property in the County of Orange, State of California is
described as:
(See Exhibit "A" for legal description and Exhibit "B" for depiction of Parcel PM117-152, attached hereto and
made a part hereof.)
The temporary construction easement herein granted shall be for a period of two (2) months from the
commencement of construction and terminate at the end of the period or upon recordation of a Notice of
Completion, whichever first occurs. GRANTOR shall be given written notice by OCTA, or designee, as to the date
OCTA requires use of Parcel PM 117-152 for commencement of construction.
Nothing in this Deed is intended nor shall anything in this Deed be construed to transfer to OCTA
or its successors or assigns or to relieve GRANTOR or its successors or assigns or predecessors in title of any
responsibility Dr liability GRANTOR or its successors or assigns or predecessors in title now has, has had or comes
to have with respect to human health or the environment, including but not limited to responsibility or liability
relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by
statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore, OCTA may
exercise its rights under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from
GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a Federal, state
25D-30
or local regulatory or administrative governmental agency or body having jurisdiction, to have responsibility for
said hazardous toxic substances or materials upon, within, or under the real property interests transferred pursuant
to this Deed. Notwithstanding the forgoing, OCTA shall be and remain liable for any hazardous or toxic substances
or materials which become located, because of OCTA's operations, upon, within, or under the real property
interests transferred pursuant to this Deed.
Dated b - 16 -69
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIR OF THE BOARD
ATTES
J . ene J. Bloom`
Clerk of the Board of Supervisors
Orange County, California
COUNTY OF
By:
Ch , Board of Supervisors
Approved as to form:
County C nsel
By: Date:
D puty
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
ACKNOWLEDGMENT
On J uNE . 1 2009, before me R-Llr?F-N Pr&L i t-PIR a Notary Public in and for said State,
personally appeared S QS AN N_ o V N K personally known to me (or proved to
me on the basis of satisfactory evidence) to be the personaaj whose name(.a'j is/are subscribed to the within instrument and
acknowledged to me that ke/she/tkrey executed the same in His/her/Uwtr authorized capacitykies), and that by his/her/their
signature(a) on the instrument the personJ4), 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 hand and official seas.
i O 01747014
14000 OMe • emoeft
r?Gol?fa $Q1
Signature
25D-31
Coast Surveying, Inc.
April 17, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
STS-PCL-3
TEMPORARY CONSTRUCTION EASEMENT
Parcel PM1117.152
THOSE PORTIONS OF LOTS B1 AND B2 OF BLOCK "B" IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF DEAN'S ADDITION TO
THE CITY OF SANTA ANA AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 21 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF
SANTA ANA BOULEVARD (52 FEET HALF WIDTH) AND THE WEST LINE OF DEAN'S
ADDITION AS SHOWN ON RECORD OF SURVEY 95-1035, FILED IN BOOK 151, PAGES 47-
50 OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG SAID SOUTHEASTERLY LIME NORTH 64°53'48" EAST 8.19 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEAST LINE NORTH
64°53'48' EAST 5.53 FEET; THENCE SOUTH 00°16'05" WEST 69.71 FEET; THENCE NORTH
89°42'46" WEST 5.00 FEET; THENCE NORTH 00°16'05" EAST 67.33 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 343 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 17'h DAY OF APRIL, 2008. LAND DEL
GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108 0
REGISTRATION EXPIRES 6/30109 EXP. 6/30/09/
C
JN 107061-04 Santa Ana STS-FCC..-3'TCE 1
25D-32
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RECORD OF SURY- M oss
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7' EASEMENT
PER L. A. DEED 311/43 BEARING DISTANCE
1 S64.53' 48' W 8. 19'
2 N00" 16' 05' E 67. 33'
3 S89' 42' 46' E 5,00'
4 N00° L6' 05' E 69. 71'
5 S64° 53' 48' W 5.53'
EASEMENT
PER DOC. ##2005000313553 O.R.
REC. 4/25/05
N'LY LINE
FRUIT STREET
-----------------------
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; -4O TEMPORARY CONSTRUCTION
FRUIT STREET_
COAST SURVEYING, INC.
15031 PARKWAY LOOP, SUITE B
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed from County of Orange
a political subdivision of the State of California, to the ORANGE COUNTY TRANSPORTATION
AUTHRORITY, a public entity ("OCTA"), is hereby accepted in accordance with the terms by the
undersigned officer on behalf of the Board of Directors of OCTA, and OCTA consents to recording
thereof by its duly authorized officer.
ORANGE COUNTY TRANSPORTATION AUTHORITY,
a public entity
By: ? U?'
Arthur T. Leahy,
Chief Executive Officer
QC-OCTA Quitclaim Deed 25D-34 2110/2009