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Home My WebLink AboutHPT CW PROPERTIES TRUST (2)JUL 2 $ 2011 ?C?.pwA / C?es??{' ??? Keys ?r?'''??r?i MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia c. Alvarez COU NCILMEMBERS David BenaNdes Carlos Bustamante Michele Martinez Vincent F. Sanniento Sal Tinajero July 12, 2011 CITY OF SANTA ANA PUBLIC WORKS AGENCY P.O. Box '1986. M-36 Santa Ana, CalHomia 92702 HPT CW Properties Trust, a Maryland real estate investment trust Attn: Andy Strain 2600 Redhill Avenue Santa Ana, CA Subject: OFFER TO PURCHASE EASEMENTS LOCATED AT 2600 Redhill Avenue, SANTA ANA, CA; APN: 430-221-19 N-2011-092 INTERIM CITY MANAGER Paul Walters INTERIM CITY ATTORNEY Joseph Straka CLERK OF THE COUNCIL Maria D.Huizar The City of Santa Ana is requesting two easements to accommodate light poles, in conjunction with the Dyer Road/ Barranca Parkway/ Redhill Improvement project. The proposed Easement Deed is attached as Attachment 1 . Based on the existing appraisal, the City determined the value of your property, identified in the attached Easement Deed, to be $5,600. The basis for this offer is explained more thoroughly in the Attachment 2 to this letter and made a part of this letter by reference. If you agree to accept the above referenced payment in exchange for the proposed Easement Deed, please sign below. If you have any questions please call Kent Jorgensen, City's Right of Way Coordinator at (714) 647-5067. Sincerely, _?C? ?tlfibL? Souri Amirani Deputy City Engineer I agree to accept the compe Ion abov in ange or an executed Easement Deed outlined in Attachment 1 _ ? `r 5'dr 1 ? HPT CW Properties rust Date! When recorded, please mail [his instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M- 3o Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 RF Af'F. 4R(lVF TT-TTC T TT?TF F(lR T?F/"` CANCEL AGENCY(lES) APPROV ED BY DESCRIPTION DESCRIPTION A.P. R/W MAP DEED NL7A4BER TAXES PUBLIC' WORKS DIRECTOR WRITTEN BY CHECKED-QK NUMBER NUMBER 430-221-19 v^C Portion ofAPN# 430-22]-19 Constitution and laws of the State of California, easement ("Easement") for street light purposes for in, on, over under, and EASEMENT DEED N-2011-092 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HPT CW Properties Trust, a Mary land real estate investment trust Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the through the real property in the City of Santa Ana, County of Orange, State of California, legally described as follows: SEE EX>=TWIT "A" - Legal Description and EXHBIT "B" -Sketch to accompany legal description The Easement is granted upon the following terms and conditions as shown on Exhibit "C" Dated: HPT CW Properties T t, a Ma estate investment trust Ethan S. Bornstein Senior Vice President ACKNOWLEDGEMENT Commonwealth of Massachusetts On \?Lc?t-7 13, ?pU( ( befor?ee /hCl t? ?.( (C!/ ( U Notary Public, personally appeared % `il-2?' rlS -R`Y/1 who proved to me on the basis of satisfactory evidence to be the person (s) whose names (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 is true and correct. wi ss myhtand-and cial 1 (SEAT .) (Sign e) E*- 'n/?eLLF BFiLL9=TT0 i:?A ic CGc.,O= r?.-•,SSACHUSETfS COTT5517n Expires Aue7uG. 1 2016 EXHIBIT °°A" LEGAL DESCRIPTION APN 430-221-19 DYER ROAD AND RED HILL AVENUE (STREET LIGHT EASEMENTS) PARCEL 1 Page 1 of 2 That certain parcel of land situated in the City of Santa Ana, County of Orange, State of California, being that portion of Parcel 1 of Lot Line Adjustment No. LL 97-023 recorded June 11, 1998 as Instrument No. 1 99803 6802 1 of Official Records in the Office of the County Recorder of said Orange County, lying within a strip of land 8.00 feet wide, the centerline of which is described as follows: COMMENCING at the intersection of the centerline of Dyer Road with the centerline of Red Hill Avenue as shown on a map filed in Book 48, Page 34 of Parcel Maps in said Office of the County Recorder of Orange County; thence along the centerline of Red Hill Avenue as shown on said parcel map North 40°36'36 East 30.00 feet to the southwesterly line of Lot ] OS of Irvine's Subdivision per the map filed in Book 1, Page 88 of Miscellaneous Record Maps in said Office of the County Recorder of Orange County, more particularly shown on said parcel map; thence continuing along said centerline of Red Hill Avenue North 40°37'53" East 137.70 feet; thence at a right-angle from said centerline North 49°22'07" West 74.50 feet to a point in the northwesterly right-of--way line of Red Hill Avenue as described in that certain Grant Deed recorded May 20, 2010 as Instrument No. 2010000238250 and re-recorded July 9, 2010 as Instrument No. 2010000327403, both of Official Records in said Office of the County Recorder of Orange County, said point being the TRUE POINT OF BEGINNING; thence continuing North 49°22'07" West 5.00 feet. The sidelines of said strip shall be lengthened or shortened so as to terminate southeasterly in said northwesterly right-of--way line. CONTAINING: 40 Square Feet, more or less SUBJECT TO all Covenants, Rights, Rights-of--Way and Easements of Record EXHIBIT "B" attached and by this reference made a part hereof. PARCEL 2 That certain parcel of land situated in the City of Santa Ana, County of Orange, State of California, being that portion of Parcel 1 of Lot Line Adjustment No. LL 97-023 recorded June 1 1 , 1998 as Instrument No. 1 99803 6802 1 of Official Records in the Office of the County APN 430-221-19 Dyer Road and Red Hill Avenue (Street Light Easements) Exhibit "A" Legal Description Page 2 of 2 Recorder of said Orange County, lying within a strip of land 8.00 feet wide, the centerline of which is described as follows: COMMENCING at the intersection of the centerline of Dyer Road with the centerline of Red Hill Avenue as shown on a map filed in Book 48, Page 34 of Parcel Maps in said Office of the County Recorder of Orange County; thence along the centerline of Red Hill Avenue as shown on said parcel map North 40°36'36 East 30.00 feet to the southwesterly line of Lot 1 OS of Irvine's Subdivision per the map filed in Book 1, Page 88 of Miscellaneous Record Maps in said Office of the County Recorder of Orange County, more particularly shown on said parcel map; thence continuing along said centerline of Red Hill Avenue North 40°37'53" East 341 .70 feet; thence at a right-angle from said centerline North 49°22'07" West 74.50 feet to a point in the northwesterly right-of--way line of Red Hill Avenue as described in that certain Grant Deed recorded May 20, 2010 as Instrument No. 2010000238250 and re-recorded July 9, 2010 as Instrument No. 2010000327403, both of Official Records in said Office of the County Recorder of Orange County, said point being the TRUE POINT OF BEGINNING; thence continuing North 49°22'07" West 5.00 feet. The sidelines of said strip shall be lengthened or shortened so as to terminate southeasterly in said northwesterly right-of--way line. CONTAINING: 40 Square Feet, more or less. SUBJECT TO all Covenants, Rights, Rights-of--Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. 25?? L AN D S?9GF` / `,? KURT R_ o fVi'''r'Ll- -? TROXELL p ? 7854 ? urt R. Troxell, L.S. 7854 Da e cJ+J, ?-?Q'/, H:\pdataV 0104041 Wdmin\legals\4041 -LGL-28.doc LINE TABLE NO. BEARING LENGTH L1 N49°22'07"W 74.50' L2 N49°22'07"W 5.00' NOTE: ( ) INDICATES RECORD DATA PER LOT LINE ADJUSTMENT NO. 97-023, INSTRUMENT NO. 19980368021, O.R. PARCEL l APN 430-22 l - 7 3 I I z PARCI=L 2 Q ? z I w Q ? ? Ln i-- Z oloQ ? ? J ?I ?_ J U U = W ? D ? J J ? ? C _ ? L2 °m °m V ? PARCEL 2 I o [8.00' WIDE) \ L11 40 S. F. _ I T P O B Z . . . . PARCEL 2 L07 Lli?lE ADJUSTMEI?J7 N0. LL 97-023 1NS7. N0, l 998036802 l , O.R. APN 430-22]-]9 ?-i T.P.O.B. PARCEL1- [8.00' WIDE] 40 S.F. NE'LY R/W PER INSTRUMENT NO. 2010000327403, O.R. N49°20'32"W 274.30' LIJ ? - _ ? p e N ?-- - "? o z o N I _ ? N ? O p I O 0 W I _ ' ° "'" ? p > N I""'J I 1? J z z p Z '"' 44.5' 130' w L?I I -- - ^ 1.,7 L2 r; I z 0 ?? I ? ? ? I ?? I 60' ? v??s?p LAND S??GF KURT R. <°? TROXELL ?85 ST9? ? CAL.\F?\ ?°?? ??? CITY OF TUST I N BOUNDARY - - `? ? ? C/L DYER ROAD SW ' LY LINE LOT 105 Z- C I TY OF IRVINE ?_ _ IRVINE'S SUB., M.M. 1/88 _BOUNDARY N49°20'32"W 1321.72' (N49°21'16"W 1321.68') N40°36'36"E EXHIBIT TBn ?'` P.o.C. 300°? <" PARCEL 1 & 2 I ? (N40°36'15"E) PER ?. SI?TCH TO ACCOMPANYA moo. P . M . B . 48/34 ) LEGAL DESCRIPTION FOR o - oESHEET 1 OF i SHEET APN 43x221-19 ?????? DYER ROAD AND RED HILL AVENUE (STREET LIGHT EASEMENTS) ? ? ? P M725 ALTON PARKWAY IRVpJE, CALIFORNIA B261B-2027 CONSULT 1 N G 949.972.3505 FA% 999.OJ2.8373 - www.RBF c°m MAY 17, 2011 J.N. 10-104041 .?o„.re......,d...,..-.,..,?...oo?.?,.??...,?e?r?..,... ?., .,o ?,.? .-? ....... ............ .. ... ... .. .? EXHIBIT "C" This Easement is granted subject to all manors of record on the follo?n?ng terms and conditions: a. Maintenance: Grantee shall be responsible, at its sole cost and expettsc, for the installation, replacemeni? maintenance, operation and repair (collectively "Work") of the street Lights and all equipment appurtenant thereto (collectively "Street Lights") and all Street Lights shall remain the property of Grantee. All Work shall be performed by Grantee, or its agents, as promptly and efficiently as possible, once begun, so as to minimive any inconvenience or interruption of use of Grantor's property and shall continue to completion with diligence. Grantee shall provide Grantor %N ith tan (1.0) days written notice prior to performing any Work.. b. ie : In performing any Work within the Easement, Grantee shaft keep Grantor's property free from all claims, mechanic's liens or other encumbrances in connection with or arising out of such Work and will bind over or take such other action to release any claims, mechanics' liens or encumbrances placed on Grantor's property in connection with or arising out of said Work_ c_ Indemnification: Grantee shall indemnify and hold Grantor harmless from and against any and all damage, claim, loss, damage or harm arising out of the Work or Grantee's use of the Easement or Street Lights or the exercise of any right granted herein, and against damage, cost, loss, claim or fees incurred in or resulting from any of the foregoing or action or proceeding brought in connection therewith- d. Subordination: Grantee acknowledges and agrees that there may be other utilities located within the Easement and Grantee hereby agrees that its rights are subordinate and subject thereto. IV-201 '! -d92 CERTIFICATE OF ACCEPTANCE This is to cerEify that the interest in the real property conveyed by the easement deed dated Jicly 13, 20II, fiom HPT CW Properties Trust, a Maryland real estate investment trzrst 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: • Z7 ! ? ? o??ti--?_ Dated City Manager ATTEST: MARIA D. HUIZAR CLERK OF THE COUNCIL AP,P/R?O/VED AS TCa ??RM 1'/ )I? ? oG?? TLaur• itE?Sheedy assist t City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange ? SS City of Santa Ana On this 27t" day of July, 201 1 , before me, Maria R. Huizar Notary Public, personally appeared Pal M. Walters who proved to me on the basis of satisfactory evidence to be the??n/persons whose rZa?'7na?esdhlare-subscribed to the within instrument and acknowledged to me that??s#?efthey executed the same in fib/herftheir authorized ?aPac`?/capacities and that by dais/her/their csidnat u-a/signa#?xes on the instrument the p??7persens, or the entity upon behalf of which the er /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 R. IIY pwlrwlMlon i ? 71NS7? C?C?1Nrs.'r° ? .sm: Witness my hand and official seal. ?-J?y)lycti? ? f?yi-zr-? Signature of Notary CAPACITY CLAIMED BY SIGNER: Q Individual(s) ? Corporate Q Officers Title(s) Q Partner(s) Q General Partner of a Limited Q Partnership Q Attorney-in-Fact ? Trustee (s) ? Subscribing Witness ? Guardian/Conservator Q Other: SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: HPT CW PROPERTIES. TRUST, 2600 REDHILL AVENUE TITLE OR TYPE OF DOCUMENT: EASEMENT DEED NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: