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HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (7) - 2013A-2013-019 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 ~ - ~v`~°-®+~ Mail Tax Statements as shown above Recorded in Offlctal Records, Orange County Hugh Nguyen, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllll NOFEE 2013000358752 9:.32 am 06113113 217 414 E01 F13 14 0.00 0.00 0.00 0.00 38.00 0.00 0.00 0.00 DOCUMENTARY TRANSFER TAX $ _ ~j .._ Portions of APN: 198-151-33, 198-151-32, 198-151-11 ' Computed on the consideration or value of property conveyed Exempt per Revenue & Taxation Code Section 11922 ~' Exempt from~ecording Fees per Govt. Code Section 27383 NAT[1RE9F'DECIIARAI3YG AGENT DETERN-NING TAX FIRM NAME fem.... ^ Unincorporated Area ® Incorporated - City of Santa Ana Parcel No: PAl-R1451, R1452 Project: SAR- Mar Les Drive-Sewer Line EASEMENT DEED AND AGREEMENT For valuable consideration, receipt of which is hereby aclmowledged, 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, anon-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 B-1," respectively, which exhibits are attached hereto and made a part hereof. DISTRICT and GRANTEE, may solnetimes 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 recorduig 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 the Sewer Easement - OCFCD to City of Santa P.na 1 10302012 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: 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 (b0) 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 pa}nnent of normal processing fees prior to commencement of any such activities. Said approval shall not be witlilield 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 planed 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 Sewer Easement - OCPCD to City of Santa Ana L 10302012 resume usage of the Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove and/or abandon said Facilities within ninety (90) days after receipt of written notice from Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to Director's satisfaction. 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 (PMES4.1N) In the event, the Director determines that GRANTEE'S Facilities hnpede 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 fmal 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 designathlg 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 illustrafion 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 hi, 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 Inay be subject to all hazards associated with flood conditions. GRANTEE agrees to assume all risks, fmancial or otherwise, associated therewith. Sewer Easement - OCFCD to CiTy of Santa Ana 3 10302012 GRANTEE hereby releases and waives all claims and recourse against DISTRICT and County including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed 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 hnprovement 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. 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 lhmitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultuit 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. Sewer Easement - OCFCD to City or Santa Ana 4 10302012 As used herein, the term "I3azardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any govermnental entity or agency, including, without limitation, the County, the state of California, or the United States government. 7. RESERVATIONS (PMES9.1S) 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' 5 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 cotmnon 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-1" 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 (PMESl 1.1 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 (includmg but not limited to said possessory interest tax) which become due and payable upon the Easement Area ox 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 (PMES12.1S) All notices, documents, correspondence and cormnunications 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. Sewer Easement - OCPCD to City of Santa Ana 5 10302012 Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by facsimile and so given shall be deemed to have been given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Party's regular business day, otherwise delivery shall be deemed to have been given on the next business day. To DISTRICT: Orange County Flood Control District c/o OC Public Works/Real Estate Services Re: E01-R1451/2 SAR- City of Santa Ana Sewer 300 N. Flower Street, 6th Floor Santa Ana, CA 92703-5000 Facsimile: 714/834-2870 To GRANTEE: City of Santa Ana Public Works Agency M-85 P.O. Box 1988 Santa Ana, CA 92702 Facsimile:714/647-3345 To Orange County Water District: Orange County Water District 10500 Ellis Avenue Fountain Valley, CA 92708 Facsimile: 714/3 78-3 3 81 11. VENUE (PME513.15) To Orange County Sanitation District: Orange County Sanitation District 10844 E11is Avenue Fountain Valley, CA 92708 Facsimile: 714/962-5018 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 RIGIITS (PMES14.1S) 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. SEVERABILTTY(PMES15.1S) 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 (PMES16.1S) In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. 15. SUCCESSORS AND ASSIGNS (PMES18.1S) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto. Sewer Pasemen0 - OCFCD to Ciry of Santa Ana 6 10302012 16. AUTHORITY(PMES20.1S) The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized acid executed and constitutes the legally binding obligation of their respective orgvrization or entity, enforceable in accordazice with its terms. Approved as to Forin Office of the County Counsel Oran By: Date: DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT Tony >~ernard, Interim Marrager 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 ~~ 7 , 20/~ before me, [j./7~?e°,l'//Zt° ~G~ , a notary public, personally appeared 7~~/ +~°~/Q~ , who proved to me onthe basis of satisfactory evidence to be the person whose name,(a'f is/,a'Ee subscribed to the within instrument and acknowledged to me that he/s~~kfey executed the same in his/he~'JtJa~ir authorized capacity(j¢S~f ,and that by his/~r/tl~r signature~on the instrument the person(~f; or the entity upon behalf of which the person acted, executed the instrument. // I cerkify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a~td correct. WITNESS my hand and official seal. (Seal) +++-+++~ Sewer Easement - OCFCD to City of Santa Ana CATHERINE LAPID y`" Comm. #1983188 W ~ .Notary PubNc • CaNlornia ORANGE COUNTY -' ~ M Canm. Ez • JUNE 24 2016 Signatu e ~d'~-P..l~-~.p Q 10302012 ATTEST: Maria D. Huizar ~ Clerk of the Council CO ME ED FOR APPROVAL: Raul Godinez, II Executive Director Public Works Agency Approved as to Form: G1,~p aura Sheedy Assistant City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) By: GRANTEE CITY OF SANTA Kevin O'Rourke Interim City Manager ACKNOWLEDGiVIENT 20 before me, personally appeared a uotary public, who proved to me on the basis of satisfactory evidence t be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/the xecuted the same in his/her/their authorized capacity{ies), and that by his/her/their signature(s) on the instrument person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF and correct. WITNESS my hand seal. under the laws of the State of California that the foregoing paragraph is true Signature (Seal) Sower Easement - OCFCD to City oP Santa Ana 2S 10302012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange ~ SS City of Santa Ana On this 26t" day of March, 2013, before me, Maria D. Huizar ,Notary Public, personally appeared Kevin O'Rourke who proved to me on the basis of satisfactory evidence to be the ~/per-sons whose ~m~/narrres cfs7are-subscribed to the within instrument and acknowledged to me thathe/they executed the same im"fi~/heryth-eir authorized~p~olty/capacities and that by h~t~/},1er-fth-eir s~n~rta'/ igna ures on the instrument the ~~/pe-r-sons, or the entity upon behalf of which the ers ritp-ersons acted, executed 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 MAHiA U riu~,LAH Cammisslon # 19~A202 Notary Public -California Orange County M Comm. fKptres Apr 5. 2D16~ CAPACITY CLAIMED BY SIGNER: Individual(s) _ Corporate _ ^ Officers _ Title(s) ^ Partner(s) ^ General Partner of a Limited ^ Partnership ^ Attorney-in-Fact ^ Trustee (s) ^ Subscribing Witness ^ Guardian/Conservator ^ Other: Witness my hand and official seal. Signature of Notary SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOC TO THE BELOW: TITLE OR TYPE OF DOCUMENT: ~-Cti'~P_ ~-z-%~ ©~-~~I ~ }~,y~¢-~+-,^~'-.-=~ NUMBER OF PAGES: DATE OF DOCUMENT; SIGNER (S) OTHER THAN NAMED ABOVE: EXHIBIT A LEGAL DESCRIPTION SANTA ANA RIVER CHANNEL Facility No.: E01 Parcel No.: R1451 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, Page 151 Official Record No. 94-0003830 Official Record No. 94-0320770 Date Recorded, August 18, 1958 Date Recorded, January 4, 1994 Date Recorded, May 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 shown 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, page 151 of Official Records, said point also being the beginning of anon-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 ~ r~5~~ pAVI pQ` ( ~ '~ 9 `°+~, ~,.. ~ ~ ~~~~ Date: I ~- ~ L~ ~ -,,Q~ e a N0.5168 . Jo D Pavlik L.S. 516 1, 7k Exp 6/3p~11 E ira on Date: June 30, 2011 \\~ ~~ _'~. r~ EXHIBIT A-1 ' ` ' ,, O ~ ! ,.",.,; ,,,. ,, R~ ' :;;;:;•:: ti c ' OR#94-3207 70 ?,q~s,~~8 s9 N - ~~, cos A •,, . SAR R/W O.C.F.C.D. '~-' OR°94-003830 EXISTING 84' RCP OCSD SANTA ANA RIVER INTERCEPTOR SEWER (CENTERLINE SANTA ANA RIVER INTERCEPTOR SEWER LINE PER ORANGE COUNTY SANITATION DISTRICT N0.2 PLAN AND PROFILE SHEETS 22 & 23 8Y LOWRY & ASSOC.. DATED 4.29-71 AS gip, CONTRACT N0.2.14-II. 20' P' ~ % ~ ~' / v tip; R1451 ~~ WILL®WICK G®LF C®URSE ~ ,~ ,, .;• ,:~. m ;.f.' m~ -, ~ ~ - o, o SAR R/W ~ ~. EXISTING CITY SEWER LINE / ~, ~' v~ ,~ O ~. ~I ., / FI ~ M M z~ l ; a VI ~- ------ - _. ~'~ _ _ _ _._._ _ ~ FIFTH ST. - --- •-- •-•---•-•-•-•-•-----•- '- ~' ° 2' -- •- ~ ~ 589 3 2fd E 543.00' N6~, '3f ew POB ~Rq~~ ® =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" = lso' 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.: R1452 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 Survey in the office of said County Recorder, said point being 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. 83-007859 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 anon-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 O1 °19'33", thence N. 35°20'08" E., 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 0.23 Acres, more or less. See EXHIBIT B-1 attached and by reference made a part. APPROVED -' ---~, o (~ ,,~I ~ ~Npl LAyG °~w ld. ~^ "~' Date: f 2- ~ (Q ~a~5~~ppV1pA Jo . Pavlik L.S. 51 ~ O`Z' '1 pir ion Date: June 30, 2011 a ~ N0. 5168 \ ~" Exp, 6/30/19 ~ I EXHIBIT B-1 SARI R/W I I I I ' .: ~ EXISTING CITY SEWER LINE o. , m I 2~. a~• i ry ~ •t;'~, ~ ® =EXISTING MANHOLE COVER ~`~ / ... i m i I ~ j =~' ~' I ~; ~ j R 1452 ~ ,,, ~., .. •' i .. ~, ~• h~ ~ .. i ~ ~o ~ O ~ ~ ~P ~ # 1p ~ i ~, o Q- . D R ~1 '/ \ ~ •, ;;;;,::'~~ ' I ~1~/~ EXISTING 84' RCP ,•,' ® ~ j OCSD SANTA ANA RIVER INTERCEPTOR SEWER ~ I (CENTERLINE SANTA ANA RIVER INTERCEPTOR SEWER LINE PER ORANGE COUNTY SANITATION ~c ~ ~' DISTRICT N0.2 PLAN AND PROFILE SHEETS 22 tig s I . s & 23 BY LOWRY & ASSOC., DATED 4-20-71 AS 9 "~ ~ CONTRACT N0.2-14-11. j as .~ w ~ rq ~ I , ~~ 3 ~ .: .. . •, ~ , ~s ~ ~ 9 srT . , ~ r . • . " ~ fsA , , , ~ ORA NGE COUNTY OC PUBLIC WORKS -RIGHT OF WAY ENGINEERING RIGHT OF WAY MAP -COMPILED FROM PUBLIC RECORDS PROJECT: SAR [EOlI 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 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 munic~al c~r~oration, is hereby accepted ursuant to au~hority granted to the undersigned by order of~~f«irr<% d~7 r n_ l/ the-oir ~!!f`O ' , 2Q// subject to the terms, conditions and reservations set forth therein, and GRAN EE consents to the recordation of said Easement Deed. GRANTEE By: CITY OF SAN A ANA, a municipal coy oration Kevin O'Rourke Interim City Manager 14r~,~ ~ ~ ~~i! Date: Sewer Fasetnent - OCFCD to City of Santa Ma 10302012