HomeMy WebLinkAbout25C - AGMT - SANITARY SEWER FACILITIES
REQUEST FOR r
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JANUARY 22, 2013
TITLE: APPROVED
? As Recommended
EASEMENT FOR CITY-OWNED ? As Amended
SANITARY SEWER FACILITIES El Ordinance on Reading
? Ordinance on 2 I tl Reading
WITHIN ORANGE COUNTY FLOOD ? Implementing Resolution
CONTROL DISTRICT RIGHT-OF-WAY ? Set Public Hearing For
CONTINUED TO
j _J, 7 FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange
County Flood Control District for the purchase of a sewer easement securing the City's interest in
sanitary sewer facilities located within the district right-of-way.
DISCUSSION
On March 19, 1962, the City obtained a permit from the Orange County Flood Control District
(OCFCD) to construct and maintain a sanitary sewer system within OCFCD right-of-way along
the Santa Ana River. This 10-inch sanitary sewer pipe and manholes serves approximately 280
residences and businesses near the Willowick Golf Course. Although the permit grants the City
permission to construct and operate the sewer facility, it does not convey any rights and is
revocable at any time. If OCFCD ever decided to sell their right-of-way, the City could possibly
be faced with relocating the sewer facilities.
Having recently discovered this oversight, staff is recommending purchase of the easement in the
amount of $19,800. This easement will secure the City's present and future interests in the
corridor, and allow for the continued use and operation of the sanitary sewer facility.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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Easement for City-Owned Sanitary Sewer Facilities
January 22, 2013
Page 2
FISCAL IMPACT
Sanitary Sewer Service Funds are available in Account 05617640-66220 (Activity 10640101097).
APPROVED AS TO FUNDS AND ACCOUNTS:
IVA
Raul Godinez II Francisco Gutierrez
Executive Directo Executive Director
Public Works Agency Finance & Management Services Agency
Exhibits: 1. Vicinity Map
2. Easement Deed and Agreement
3. Appraisal
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EXHIBIT 1
VICINITY MAP
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Title= JcPS1O" F,~
City Council EASEMENT FOR SANITARY SEWER sa
Agenda Date FACILITY WITHIN ORANGE COUNTY ( 1
T, 77, JANUARY 21, 2013 FLOOD DISTRICT RIGHT OF WAY
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Public Works Agency M-85
P.O. Box 1988
Santa Ana, CA 92702
Mail Tax Statements as shown above THIS SPACE FOR RECORDER'S USE ONLY
Portions of APN: 198-151-33, 198-151-32, DOCUMENTARY TRANSFER TAX $
198-151-11 _ Computed on the consideration or value of property conveyed
Exempt per Revenue & Taxation Code Section 11922
Exempt from Recording Fees per Govt. Code Section 27383
By:
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
? Unincorporated Area
® Incorporated - City of Santa Ana
Parcel No: EOI-R]451, R1452
Project: SAR- Mar Les Drive-Sewer Line
EASEMENT DEED AND AGREEMENT
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 municipal corporation,
hereinafter referred to as "GRANTEE," its, successor and assigns,
a non-exclusive sub-surface sewer easement in, under, through and across that certain real property
(hereinafter referred to as "Easement Area") described in "Exhibit A" and "Exhibit B," and illustrated in
"Exhibit A-1" and "Exhibit 13-1," respectively, 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 the right to maintain, use, operate, alter, repair, replace, and reconstruct a
sub-surface sewer line and appurtenances ("Facilities") in, under, through, and across the Easement Area
which connect to sewer improvements on GRANTEE'S adjacent property, and shall include reasonable
access to the Easement Area for the purpose of exercising the rights herein granted. As of the recording date
of this Easement Deed and Agreement ("Easement Deed"), GRANTEE Facilities include an existing sewer
line installed pursuant DISTRICT Permit No. 02462, authorized by the Orange County Board of Supervisors
in an April 3, 1962 Minute Order ("Permit"). The Parties agree this Easement Deed replaces and supersedes
Exhibit 2
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the Permit as of the recording date of this Easement Deed, and that all rights and obligations between the
Parties in respect to the Facilities shall be governed by the terms of this Easement Deed.
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 shall be subject to the following terms, conditions, and
reservations:
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 DISTRICT'S 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, 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 areas in which such activities require regulatory agency approval, or are otherwise designated as
environmentally sensitive, 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
constructed, used, maintained 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
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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.
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.IN)
In the event, the Director determines that GRANTEE'S Facilities impede or interfere with the operation,
maintenance, replacement, or improvement of DISTRICT'S property for flood control purposes, DISTRICT
shall notify GRANTEE and consult with GRANTEE prior to designating a relocation site for GRANTEE'S
Facilities ("Relocation Site"). Director shall endeavor to select a Relocation Site that is reasonably
acceptable to GRANTEE, but the final selection of that site shall be at the sole and absolute discretion of
Director. GRANTEE shall, within ninety (90) days of receipt of written notice from Director designating the
Relocation Site, commence and diligently pursue to completion the relocation of GRANTEE'S Facilities to
the Relocation Site at GRANTEE'S expense.
Upon relocation of GRANTEE'S Facilities the Director shall, at GRANTEE'S expense, cause the legal
description and illustration of the Easement Area to be revised, and upon written approval of both Parties of
the revised legal description and illustration, this Easement Deed shall be amended with any revised legal
description and illustration attached thereto respectively designated as "Revised". The Parties agree that any
amended exhibit(s) and the re-recording of this Easement Deed shall not affect, alter, or change any of the
terms, conditions or reservations of this Easement Deed and further agree that the amended and re-recorded
Easement Deed shall relate back and be in place as of the initial recording date of this Easement Deed prior
to the revised exhibit. All other terms and conditions of this Easement Deed shall remain the same.
4. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out
all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all
governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction
in, on, over and about the Easement Area, which arise from GRANTEE'S use of or performance of any
activities permitted to be conducted in, under, through, or across the Easement Area.
In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance
with any NPDES (National Pollutant Discharge Elimination System) 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.
No approvals or consents given hereunder by DISTRICT, as a party to this Easement Deed, shall be deemed
approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.
5. HOLD HARMLESS (PMES7.2S)
GRANTEE acknowledges the Easement Area is in, on, or about DISTRICT'S Channel and may be subject to
all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or otherwise,
associated therewith.
GRANTEE hereby releases and waives all claims and recourse against DISTRICT and County including the
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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 including any damage to or
interruption of use of GRANTEE'S Facilities caused by erosion, flood, or flood overflow conditions of the
Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or
improvement of the Channel or by DISTRICT'S flood control operations, 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 the exercise of the rights under this Easement Deed by GRANTEE, its
agents, officers, employees, invitees or licensees (collectively "GRANTEE'S Activities"), 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 resulting
from GRANTEE'S Activities in, on, over or about the Easement Area, GRANTEE shall notify Director of
such fact and shall represent DISTRICT/County in such legal action. 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.
i
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, 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.
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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.
8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1N)
This Easement Deed is subject to existing contracts leases, licenses, easements, permits, 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.
Without limiting the generality of the foregoing, GRANTEE acknowledges that (a) portions of the Easement
Area are used in common with the public as a trail and that (b) this Easement Deed is subject to the rights of
the Orange County Water District ("OCWD") pursuant to that certain Easement Deed and Agreement
recorded March 9, 2004 in Official Records, County of Orange as Instrument 200400186851, and subject to
an existing Orange County Sanitation District ("OCSD") Santa Ana River interceptor line illustrated in said
"Exhibit A- I" and "Exhibit B-1", GRANTEE shall endeavor to provide the OCWD and/or OCSD with
reasonable advance notice of any GRANTEE activities which may impact either party's use of areas enjoyed
in common by sending written notice to the relevant part at the address noted in Section 10 (Notices).
9. TAXES AND ASSESSMENTS (PMES 11.1 S)
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, shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments
to be paid promptly when due.
10. NOTICES (PMES 12.1 S)
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
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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: To GRANTEE:
Orange County Flood Control District City of Santa Ana
c/o OC Public Works/Real Estate Services Public Works Agency M-85
Re: E01-R1451/2 SAR- City of Santa Ana Sewer P.O. Box 1988
300 N. Flower Street, 6th Floor Santa Ana, CA 92702
Santa Ana, CA 92703-5000 Facsimile:714/647-3345
Facsimile: 714/834-2870
To Orange County Water District: To Orange County Sanitation District:
Orange County Water District Orange County Sanitation District
10500 Ellis Avenue 10844 Ellis Avenue
Fountain Valley, CA 92708 Fountain Valley, CA 92708
Facsimile: 714/378-3381 Facsimile: 714/962-5018
11. VENUE (PMES 13.1 S)
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 (PMES14.1 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 (PMES15.1 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.
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 (PMES20.1 S)
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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 DISTRICT
Office of the County Counsel ORANGE COUNTY FLOOD CONTROL
Orange County, California DISTRICT
By:
Deputy By'
Tony Bernard, Interim Manager
Date: OC Facilities and Real Estate
Pursuant to Minute Order dated
September 28, 1993
GRANTEE'S SIGNATURE ON FOLLOWING PAGE
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On 20 - before me, 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)
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ATTEST: GRANTEE
CITY OF SANTA ANA
Maria D. Huizar
Clerk of the Council By'
Paul M. Walters
City Manager
RECOMMENDED FOR APPROVAL:
Raul Godinez, 11
Executive Director
Public Works Agency
Approved as to Form:
Laura Sheedy
Assistant City Attorney
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On 20 _ before me, 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)
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest conveyed by this Easement Deed and Agreement from the
ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, to the CITY OF
SANTA ANA, a municipal corporation, is hereby accepted pursuant to authority granted to the undersigned
by order of the on , 20, subject to the terms, conditions and
reservations set forth therein, and GRANTEE consents to the recordation of said Easement Deed.
GRANTEE
CITY OF SANTA ANA,
a municipal corporation
By:
Paul M. Walters
City Manager
Date:
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EXHIBIT A
LEGAL DESCRIPTION
SANTA ANA RIVER CHANNF.I,
Facilitv No.: E01
Parcel No.: 81451
A strip of land, 20.00 feet wide, in those portions of land in the City of Santa Ana, County of
Orange, State of California, as described in those certain deeds to the Orange County Flood
Control District recorded in the Official Records in the office of the County Recorder of'said
county, and referenced as follows.
Book 4386, Pare 151 Date Recorded, August 18, 1958
Official Record No. 94-0003830 Date Recorded. January 4, 1994
Official Record No. 94-0320770 Date Recorded. Ma,,, 10, 1994
The northwesterly line of said strip being described as follows:
Beginning at a point On the centerline of Fifth Street distant thereon S. 89°32'20" E., 543.00 feet
from the intersection of said centerline with the centerline of Clinton Street as said intersection is
shows; on a map filed in book 146, pages 10 through 20 of Records of Survey in the office of said
County Recorder, said point also being on the northwesterly right of way of the Santa Ana River as
described in the deed to the Orange County Flood Control District recorded in said book 4386,
pa<ze 151 of Official Records, said point also being the beginning of a non-tangent curve, concave
southeasterly and having a radius of 11659.20 feet, to which beginning of curve a radial bears
N. 64°13'10.3" W.; thence Northeasterly, 1584.24 feet along said right of way and said curve
through a central angle of 07°47'07.1
The sidelines of said strip shall be prolonged or shortened southwesterly to terminate at said
centerline of Fifth Street and northeasterly at the southwesterly line of parcel 20-B as described in
the final order of condemnation to Orange County Transit District recorded on January 5, 1983 as
Document No. 83-007859 of Official Records in the office of said County Recorder.
EXCEPT that portion lying southerly of a line that is parallel with and northerly 30.00 feet from
said centerline of Fifth Street.
Containing 0.71 Acres, more or less.
See EXHIBIT A-1 attached and by reference made a part.
APPROVED aNpJ. LAND '
AVI
. A GLV v Date: I Z `Cis t L-- , NO, 5168 D
Jolun Dt Pavlik L.S. 516, * -10
Exp.
awl I
[-,/pira ion Date: June 30, 2011
25C-14
.
EXHIBIT A-1
O.C.F.C.D. 8
' OR#94-320770 R*1*1 B
S9
N
SAR R/W 0.C.F.C.D.
' OR#94-003830
EXISTING 84'RCP
OCSO SANTA ANA RIVER INTERCEPTOR SEWER
(CENTERLINE SANTA ANA RIVER INTERCEPTOR
SEWER LINE PER ORANGE COUNTY SANITATION
DISTRICT NO.2 PLAN AND PROFILE SHEETS 22
& 23 BY LOWRY & ASSOC.. DATED 4-20-71 AS
CONTRACT NO. 2-14-1). rLd` 2o'
v
R1451
WILLOWICK GOLF COURSE
0 ~
SAR R/W
EXISTING CITY SEWER LINE
vHI '
Q,
r
z i r °
c1r)
- - - FIFTH ST.
- -•~-S89.32'20'E - - - IE -
543.00' N6473.
POB 'ew
EXISTING MANHOLE COVER
ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING
RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS
PROJECT: SAR [E01] SEWER LINE WILLOWICK GOLF COURSE SCALE :1" = 180' ID # 2010-055
PREP. BY: ARA CHKD. BY: JDP DATE: 0426,11 EST.: REC. DATE: PAGE 1 OF 1
EXHIBIT B
LEGAL DESCRIPTION
SANTA ANA RIVER CHANNEL
Facility No.: E01
Parcel No.: 81452
A strip of land, 20.00 feet wide, in that portion of land in the City of Santa Ana; County of Orange,
State of California, described in the deed to the Orange County Flood Control District recorded in
book 4386, page 151 of Official Records in the office of the County Recorder of said county, the
northwesterly line of said strip being described as follows:
Beginning,, at the northwesterly terminus of that certain course shown as having a bearing of
N. 52'43"37" W., and a length of 407.86 feet on sheet 2 of map filed in book 142, pages 36
through 41 of Records of Survcy in the office of said County Recorder, said point bcing the
intersection of the northeasterly right of way of parcel 20-A as described in the final order of
condemnation to the Orange County Transit District recorded on January 5, 1983 as Document No.
S3-0071159 of Official Records in the office of said County Recorder, and the northwesterly right of
way of the Santa Ana River as described in the deed to the Orange County Flood Control District
recorded in book 4386, page 151 of Official Records in the office of said County Recorder, said
point also being the beginning of a. non-tangent curve along said northwesterly right of way,
concave southeasterly and having a radius of 11459.16 feet, to which beginning of curve a radial
bears N. 55°59'25" W.; thence Northeasterly, 265.17 feet along said right of way of the Santa Ana
River and said curve through a central angle of 01 °19'33", thence N. 35°20`08" L., 242.09 feet.
The sidelines of said strip shall be prolonged or shortened southwesterly to terminate at the
northeasterly line of parcel 20-A as described in said final order of condemnation.
Containing 023 Acres, more or less.
See EXHIBIT B-1 attached and by reference made a part.
APPROVED
s G ~ Date: t2- ~'/~t AVID
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Jo D. Pavlik L.S 51
I ~pir ion Datc: June 30, 2011 a > N0. 5168
Exp. 6/30/1 t
25C-16
EXHIBIT B-1 sAR~ R/W
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EXISTING CITY SEWER LINE
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EXISTING MANHOLE COVER
R 1452
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POB
EXISTING 84' RCP
OCSO SANTA ANA RIVER INTERCEPTOR SEWER
(CENTERLINE SANTA ANA RIVER INTERCEPTOR
SEWER LINE PER ORANGE COUNTY SANITATION
DISTRICT NO.2 PLAN AND PROFILE SHEETS 22
SSS & 23 BY LOWRY & ASSOC., DATED 4-20-71 AS
CONTRACT NO. 2-14-1).
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ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING
RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS
PROJECT: SAR [E01] SEWER LINE WILLOWICK GOLF COURSE SCALE :1" = 80' ID # 2010-055
PREP. BY: ARA CHKD. BY:JDP DATE: 042611 EST.: REC. DATE: PAGE 1 OF 1
APPRAISAL REPORT SUMMARY
PROPERTY IDENTIFICATION: OCFCD Parcel Nos. E01-R1451 & R1452
Northerly from Fifth Street along west levee
Subject Parcel(s): of Santa Ana River Channel, abutting easterly
boundaries of Willowick Golf Course and Mar
Les Drive
Larger Parcel: APN 405-21-121, Santa Ana
APPRAISER: Scott Burns, SR/WA
County of Orange
CLIENT AND USERS: OC Flood- Santa Ana River Project
PURPOSE OF APPRAISAL: Form an opinion of Fair Market Value
USE OF APPRAISAL: Basis of negotiations in establishing the
purchase price for voluntary sale of certain
sewer easement interests to the City of Santa
Ana.
PROPERTY INTEREST APPRAISED: Easement Interests for underground sewer
purposes
SITE AREA:
Subject Parcels: 0.71 Acres (E01-R1451)
0.23 Acres (E01-R1452)
Larger Parcel: 31.92 Acres
HIGHEST AND BEST USE:
Subject Parcels: Assemblage with Adjoining Ownerships
Larger Parcel: Open Space
REPORT DATE: May 31, 2011
DATE OF VALUE: May 26, 2011
VALUE CONCLUSION:
Parcel No. E01-R1451 $ 6,000
Parcel No. E01-R1452 $ 13,800
Exhibit 3
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