HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) APN #398-207-02 - 2011DI 10l UAQO ALAI QAI L AP M==RIIGLIT
A-2011-110
PURCHASE AND SALE AGREEMENT
FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT (hereinafter "PSA"), entered into on Tc�Vlg 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;
vi
L 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.
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rnnrlifinne herenf eholl nnnly fn dnrl hinrl fhe heire over) Ifnre nAminia+rn+^re m it ....re onrl
9. Heirs, Assions, 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.
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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 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.
III VVI I IVCJJ
umi4fcn �hnvc
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER:
�l
Will Kempton
Chief Executive Officer
Approved as to Form:
Date: 3 , 14, 1 ) 2011
&,Qm�q= S�2�� Date: o - t/�, , 2011
Kennard R. Smart, Jr.
General Counsel
CITY/BUYER
City of Ana — ( (��
Date: — 2011
David N. Ream
City Manager
Attest:
r� d��<✓ Date: 2011
Patricia H. Healey
City Clerk
Approved as to Form:
Joseph W. Fletcher
City Attorney
Date: �:?:;)0 , 2011
Managing Assistant City Attorney
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:
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 64053'48" EAST 7.72 FEET TO THE EAST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID EASTERLY LINE SOUTH 00005'16" EAST 62.83 FEET;
THENCE NORTH 89042'46" WEST 7.00 FEET TO SAID WEST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID WEST LINE NORTH 00005'16" 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.
DATED THIS 8T" DAY OF MAY, 2009. L AND
DEL
GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108
REGISTRATION EXPIRES 6130/09 LnEXP. 6/30/09 �
IN 107069-04 Santa Ana STS-PCL-4
EXHIBIT "B"
Graphical Depiction of Said Real Property & TCE
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EASEMENT
PER DOG- #2005000313553 O.R.
REC. 4/25/05
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BEARING. DISTANCE
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4 N006OS' I G& W 59, 52'
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a � FRUIT STREET _
V' I i,• UA J / SURVEYING; INC.
SCALE. 1"=4D'. U11
APN 398-207-02 1503t PARKWAY LOOP, SE B
SHEET 1 OF 1 TUSTIN, cA 92780-6527 (714) 919-6266
EXHIBIT "C"
EXHIBIT "C"
Easement Deed
I
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.
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
Ililiil{Iiiilii{li Ni{IIIIIiI{{ICI{IIN{{IIIIII{IIIII{II{{III{NIT{Iliil!I{II No FEE
2011000354745 2:03 pm 07/21/11
7 414 E01 6
0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED ASTO
APPROVED BY
DESCR@TION
DESCuPTION
AP.
R/W MAP
PROTECT
TAXES
FORM BY A=
DDLECTOR
WRITTEN BY
CHECKED-o R.
NUMBER 398-207-02
NutiffiER
NUMBER
x
o f — / Portion of No Sit is, Santa Ana, CA
DEED NUMBER
EASEMENTDEED
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 / lk JAQ
Will Kempton
Chief Executive Officer
93�3
State of California
County of U!29 l�
On MGIt'Gi l A LQZI I , before me, ��� �— � —1�TY f a Notary Public, personally
appeared who proved to me on the
basis of satisfactory evidence to be the person( whose name is/are subscribed to the within instrument and
acknowledged to me that hekHeAhey. execute the same in IhisAiefAliwk authorized capacity(es), and that by
his/herftheir signatureo on the instrument the person(, or the entity upon behalf of which the person /t acted,
executed the instrum t. 11
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 0 ragraph is true
and correct. ooNNn I . BAGLE`t
WITNESS my hand and official seal. m �s � NOiwyyMuuwcaar
�. -- ORANGE LOUNIT
Signature — (This areafor official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
VIJ
Coast Surveying, [no,
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
B.ERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN THAT CERTAIN DEED TO
CALIFORNIA CENTRAL RAILWAY COMPANY AND THE ATCHISON, TOPEKA AND SANTA
FIE 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 64053'48" EAST 7.72 FEET TO THE EAST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID EASTERLY LINE SOUTH 00°0T16- EAST 62.83 FEET;
THENCE NORTH 89042'46" WEST 7.00 FEET TO SAID WEST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID WEST LINE NORTH 0000516" 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.
DATED THIS 8T" DAY OF MAY, 2009.
GWEN-VERA DEL CASTILLO, PI-8 5108
REGISTRATION EXPIRES 6130109
SN 107069-04 Santa Ana MT PCL-4
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RECORD OF SURVEY 95=1035
R."T I3a U11447-60
7' WIDE PARCEL
DEEDED TO RAILROAD
PER L.A. DEED 311/43
EASEMENT
PER DOC:. #.2005000313553 O.R.
REC. 4/25/05
BEARING- DISTANCE
1 N640 53' 4W E 7; 72'
2 SOO° 05' 16" E 62, B3'
3 N896 42' 460 W 7, 00'
4 NOO° 05' 164 W 59, 52'
I N'LY LINE
FR I UIT STREET
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�.-- ------------------------------
0
FRUIT STREET
INC.
APN 398-207-02
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the deed dated
March 14, 2011, from OCTA (APN#398-207-02) to the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and
laws of the State of California, is hereby accepted by the undersigned officer or
agent on behalf of the City Council pursuant to authority conferred by Ordinance
No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by
the City Council on June 1, 1998, in compliance with California Government Code
Section 27281 and the grantee consents to recordation thereof by its duly authorized
officer.
For the City of Santa Ana:
Dated City Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this gth day of June, 2011, before me, Maria R. Huizar , Notary Public,
personally appeared Paul M. Walters who proved to me on the basis of satisfactory
evidence to be the g@) oah/persons whose nee/natnesfL�/are-subscribed to the within
instrument and acknowledged to me that &)SheAlrey executed the same in dig/her/their
authorized /capacities and that by I /herftheir �/signatums on the
instrument the erss persons, or the entity upon behalf of which the erso , /persons
acted, execute he 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
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.
Ma4-'A 4P/Z'Ct✓
Signature of Notary
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: EASEMENT DEED APN 398-207-02
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
ACKNOWLEDGMENT
State of California
County of
On before me,
(insert name and title of the officer)
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 seal.
Signature
(Seal)
(this area for official notarial seal)
Government Code 27361.7
I certify under penalty of perjury that the Notary Seal on the document to which this statement is
attached reads as follows:
Name of the Notary:
I' I t'•r,'a
LI 1 LAr
Date Commission Expires: O 1L
i
County Where Bond is Filed: O r4-^Ce�
Commission Number: 7 'i(
ManufacturerNendor Number:
NA 1
S�,-r� Aga T Place of Execution: ` Date: td I )-T 2,011
Signature: °Q t 9t �r
1 certify under penalty of perjury and the laws of the State of California that the illegible portion
of this document to which this statement is attached reads as follows:
Place Execution:
Signature:
Date:
vvnen recorded, please mail this
ncfnimanf nnrf fw efafpmpnfc In -
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
FORM BY ATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTEN BY
DESCR TION
CHECKED-O.K.
ASP,
NUNMER 398-207-02
IMMAP
NUNB3ER
PROJECT
NUt+B3ER
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 WAND "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) 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 seal.
Signature
(This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
[Ecaply
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the deed dated
March 14, 2011, from OCTA (APN#398-207-02) to the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and
laws of the State of California, is hereby accepted by the undersigned officer or
agent on behalf of the City Council pursuant to authority conferred by Ordinance
No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by
the City Council on June 1, 1998, in compliance with California Government Code
Section 27281 and the grantee consents to recordation thereof by its duly authorized
officer.
-C7- I
Dated
For the City of Santa Ana:
C
I �'- L�'
City Manager
vvnen recoroeo, please mail this
incfnimpnt nnri f.v &ntnmanfc+n-
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
FORM BY ATTY.
APPROVEDBY
DIRECTOR
DESCRBPTION
WRITTEN BY
DESCRIPTION
CHECKED-O.K.
ASP.
NUMMER 398-207-02
RftV MAP
NUMBER
PROTECT
NUMBER
Portion of No Sims, Santa Ana, CA
DEED NU[v®ER
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 1.14.11 �tw
Will Kempton
Chief Executive Officer
State of California
County of uv 1�
On Nutirr-ch1!4 02Z11
appeared
basis of satisfactory eviden
acknowledged to me that
his/heOWAiir signatureo on
executed the instrument.
9�--73
before me, - DIM'kO- L-- l0�31eX f a Notary Public, personally
ce to be the perso
he/sheAhept execute
the instrument the
whose namely is/are
S the same in Qlis4wfA eir
person(4, or the entity upon
who proved to me on the
bscribed to the within instrument and
authorized capacity6m), and hat by
behalf of which the person acted.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
DONNA L. BAGLEY
WITNESS m hand and official seal. 11 COMM. atC*kvft ro
y tll 's �. No OR NGE COanotma
W �,i ORANGECMay2
My Lomm. ErD May 2B, 2011
Signatur (This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
I—. o.....—.:_- I -
Coast Surveying, Inc.
May 8; 1009
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 1N BOOK 311, PAGE 43 OF DEEDS, IN
THE OFFICE OF THE LOS ANGELES COUNTY RECORDER AND AS SHOWN ON RECORD
OF SURVEY 95-1635, 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 64053'48" EAST 7,72 FEET TO THE EAST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID EASTERLY LINE SOUTH 00005'16" EAST 62.83 FEET;
THENCE NORTH 89042'46" WEST 7.00 FEET TO SAID WEST LINE OF SAID RAILROAD
DEED; THENCE ALONG SAID WEST LINE NORTH 00005'16" 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.
DATED THIS ST' DAY OF MAY. 2009.
GWEN-VERA DEL CASTILLO, PLS 5108
L.S. 5108
('f�nEX
REGISTRATION EXPIRES 6/30109
P. 6/301
IN 107069-04 Santa Ana STS-PCL-4
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/
.O.B. r MAP DOGS BEAT 'S iADD DDMOH
I
25' 1 25'
I `
I
RECORD OF SURYEV 93-1033
I
I
1 7' WIDE PARCEL
4-DEEDED TO RAILROAD
I PER L.A. DEED 311/43
EASEMENT
PER DOC. #2005000313553 O.R.
REC. 4/25/05
I
I
E BEARING DISTANCE
I 1 N64" 53` 48" E 7, 72'
I 2 S000O5' 16" E 62. 63'
I 3 N890 42' 460 W 7. DO'
I 4 N00° 05' 16° W 59. 52'
I
f
I N'LY LINE
I FRUIT STREET
I
--------------------------------
0
N � FRUIT STREET _
APN 398-207-02
-1-D / SURVEYING, INC.
15031 PARKWAY LOOP. SME 8
CA'. 92780-6527 (714) 916-6266
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 9th day of June, 2011, before me, Maria R. Huizar , Notary Public,
personally appeared Paul M. Walters who proved to me on the basis of satisfactory
evidence to be the p f'sn/perserrs whose nbFn8/namesds/are- subscribed to the within
instrument and acknowledged to me that (6e/she/thfey executed the same in Mg/her/their
authorized coi6 fwcapacities and that by his/her/their s+gn- 6r6/signatures on the
instrument the(p—ersonlpersons, or the entity upon behalf of which the(perso /persons
acted, execute he 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
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.
L L4�
Signature of Notary
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: EASEMENT DEED APN 398-207-02
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE: