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HomeMy WebLinkAboutVISTA DEL RIO HOUSING PARTNERS, L.P. 1bA- 2009 - 214 -02 ReN This Document was electronically recorded by �iISC ACCiBCtCif33 Stilt; GOiCi'�3�11� DPS Norwalk C Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly, Clerk- Recorder a s AND WHEN RECORDED MAIL TO: FEE Clerk of the Council 2012000162987 04:30pm 03/21/12 A City of Santa Ana 48 404 A1213 0 20 Civic Center Plaza M -31 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00 P.O. Box 1988 s Santa Ana, California 92702 ab 3 7 7% tIZCf— z i FREE RE CORDINGREQUESTED PER GOVERNMENT CODE § 6103 LANDSCAPE AND MAINTENANCE EASEMENT AGREEMENT Entered this 14`i' day of March, VISTA DEL RIO HOUSING PARTNERS, LP, a California Limited Partnership (referred to herein as "Developer ", or "Grantor ") does hereby grant to the City of Santa Ana, a charter City and municipal corporation, and its employees, agents, and representatives (referred to herein as -"City"), an easement on the Developer -owned Property located at 1600 W. Memory Lane, in the City of Santa Ana, County of Orange, (referred to herein as "the Property" as shown in the attached legal description attached hereto as Exhibit C) for the purposes as specified herein. 1. RECITALS.: a. City desires to acquire certain access rights to the Property for landscaping and maintenance purposes. b. Grantor warrants to City that Grantor has marketable fee simple title to the Property, subject to no encumbrances which will interfere with City's use of the easement for the purpose stated herein. C. City shall defend, indemnify, and hold harmless the Grantor from and against all claims, losses, liabilities and expenses incurred by Grantor as a result of City's sole negligence or omission in its performance of this Landscape and Maintenance Easement Agreement (the "Agreerent "). d. This easement shall run with, inure to the benefit of, and be binding on the Property. This easement shall be binding on and inure to the benefit of Grantor, City, each heir, executor, administrator, successor and assign, and each person having any interest therein derived through any owner thereof. e. This easement is executed pursuant to the Disposition and Development .Agreement dated July 20, 2009, as amended, and all related documents including but not limited to Amendments, Grant Deeds, Deeds of Trust, Loan Documents, and Affordability Covenants, in which the parties agreed that a portion of the Property would be used for park purposes, and Grantor has agreed to execute an easement over an approximate five foot area adjacent to the easterly property line abutting the proposed future park area.. f The purpose of this Agreement is for the City to possess the right and obligation to access the Property in the described area in order to maintain and landscape (including irrigation and planting) the Property in a clean and attractive nature. 2. Grant of Easement. Grantor hereby grants to City the easement to access said portion of the Property described in Exhibit A (and depicted in Exhibit B) for landscape and maintenance purposes. Said exhibits are attached hereto and incorporated herein by reference. 3. Non - exclusivity of Easement. The easement granted in this Agreement is nonexclusive and Grantor retains the right to make any use of the Property, including the right to grant concurrent easements in the Property to third parties that does not unreasonably interfere with City's free use and enjoyment of this easement. This easement is made subject and subordinate to the prior and continuing right of Grantor to use the Property. 4. Amendment. This Agreement may be amended by a writing executed by written approval of both parties. Miscellaneous Provisions. a. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. b. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. C. This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the terms set forth in this Agreement and `contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to such terms, which are not embodied herein, and that no amendment hereto shall be effective unless set forth in writing and signed by both the City and Grantor. d. If an action is commenced to enforce any provision of this Agreement, the prevailing party, as determined by a final court judgment, shall be entitled to recover from the other party such reasonable attorneys' fees and costs incurred in the action as the court may award. e. All notices required or allowed in this Agreement shall be in writing and shall be sent to the addresses below. A party may change its address for notice by giving notice to the other party. Notice may be delivered by personal delivery, facsimile transmission, overnight delivery service or U.S. mail sent certified with return receipt requested. Notices are effective on the earlier of the date received, the date of the delivery receipt or the third day after postmark, as applicable. GRANTOR: Vista del Rio Housing Partners, LP c/o A Community of Friends 3701 Wilshire Blvd., Suite 700 Los Angeles, CA 90010 Attn: Chief Executive Officer CITY: Clerk of the Council 20 Civic Center Plaza (M -30) P.O. BOX 1988 Santa Ana, CA 92702 f. 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 Agreement, 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. g. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. In witness hereof, the parties hereto have executed this Landscape and Maintenance Easement as of the date set forth hereinabove. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: b�o c L Lisa Storck Assistant City Attorney THE CITY OF SANTA ANA �By:C��OSS11I`�1Zf.C� l t rLn ,Paul Walters Interim City Manager VISTA DEL RIO HOUSING PARTNERS, L.P. a California limited partnership By: A Community of Friends, a California nonprofit public benefit corporation Its: Managing General P/a�rtner /� By: %l/J " /"v Dora ong -Gallo Its: Chief Executive Officer By: Foundation for Affordable Housing V, Inc., a California nonprofit public benefit corporation Its: Administrative General Partner By /' /W ..e, Ul• 6��1C�c w Deborrah A. Willard Its: President State of California County of Orange I SS. On March 14 2012 before me Claudia M. FernandezShaw, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Francisco Gutierrez Name(s) M Signer(s) CLAUDIA M.FERNANDEZSHAW Commission ✓C 1$7512$ a -as Natary Pubiie - ca fornia a z Orange County My Gomm. Ex Tres Jan 25, 2014 Place Notary Seal Above who proved to me on the basis of ss evidence to be the persono whose &Varesubscribed to the within it and acknowledged to me that executed the s mg in t (ihorized capacity and that by lilt elr signature( on the instrument the person ), or the entity upon behalf of which the 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. my h*d and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) '' " • Signer's Name: E] Individual Top of thumb ❑ Corporate Officer— Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF )SS O7>v nn (5�nOtD' before me, _ Mary A. Elton , Notary Public, personally appeared Ewa. . 1'e, ('-k{ ( D who proved to me on the basis of satisfactory evidence be the person(s) whose name(s i are subscribed to the within instrument and acknowledged to me that he&Plhey executed the same in hi he /their authorized capacity(ies), and that by his er 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 m h n and official seal. Signature ary on MARY A. ELTON e- CoMM. # 1962216 /n NOTARY PUALICCAUfUANIA ^' c My COMAE %P. DEC 26, 2015 `" This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) • PARTNER(S) ❑ LIMITED ❑ GENERAL • ATTORNEY -IN -FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR • OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 112008 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF On 3 1 PD G- before me, Mary A. Elton , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged to me that h she hey executed the same in him_ . heir authorized capacity(ies), and that by hiq eRheir 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. MARY A. ELTON WITNESS m h nd and official seal. coMM. 19822113 �yp� NOTARY'6B#"C,'WFORNIA ORANGE COUNTY /Y Comm, ENxP, UEC. 2R� 6�015� Signature This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) • PARTNER(S) ❑ LIMITED ❑ GENERAL • ATTORNEY -IN -FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR • OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT jt SIGNER(S) OTHER THAN NAMED ABOVE i *.tiar- 90.1 Legal Description of Easement EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE AND MAINTENANCE EASEMENT IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AS DESCRIBED IN A DEED TO THE NEWBERT PROTECTION DISTRICT, RECORDED OCTOBER 16, 1919 IN BOOK 339 PAGE 382 OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN STRIP OF LAND DEEDED TO THE CITY OF SANTA ANA ON MAY 14, 2002 BY INSTRUMENT NO. 20020400664 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEARING SOUTH 69° 55' 32" EAST AND HAVING A DISTANCE OF 77.35 FEET FROM THE EASTERLY END OF AN 867.00 FEET RADIUS CURVE DESCRIBED THEREIN; THENCE NORTH 69° 55' 32" WEST A DISTANCE OF 28.74 FEET ALONG THE SOUTHERLY LINE OF SAID STRIP; THENCE SOUTH 62° 04' 28" WEST A DISTANCE OF 22.80 FEET; THENCE SOUTH 14° 04' 28" WEST A DISTANCE OF 37.84 FEET; THENCE SOUTH 40'01' 11" EAST A DISTANCE OF 33.64 FEET; THENCE SOUTH 25'35' 43" EAST A DISTANCE OF 29.06 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING OF SOUTH 39° 52'08" WEST AND A RADIUS OF 37.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 500 45' 00" AN ARC LENGTH OF 32.77 FEET TO THE END OF SAID CURVE; THENCE ALONG A LINE TANGENT TO SAID CURVE SOUTH 00° 37'08" WEST A DISTANCE OF 140.00 FEET; THENCE SOUTH 89'22' 52" EAST A DISTANCE OF 5.00 FEET; THENCE NORTH 000 37' 08" EAST A DISTANCE OF 140.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 42.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50'45' 00" AN ARC LENGTH OF 37.20 FEET TO THE END OF SAID CURVE; THENCE ALONG A LINE NON - TANGENT TO SAID CURVE, NORTH 25° 35'43" WEST A DISTANCE OF 29.37 FEET; THENCE NORTH 400 01' 11" WEST A DISTANCE OF 27.44 FEET; THENCE NORTH 14° 04'28" EAST A DISTANCE OF 36.00 FEET; THENCE NORTH 62° 04'28" EAST A DISTANCE OF 13.38 FEET; THENCE SOUTH 69° 55'32" EAST A DISTANCE OF 28.00 FEET; THENCE NORTH 20° 04' 28" EAST A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. The area of the described land consisting of 0.039 acres (1712 square feet) more or less. Subject to covenants, conditions, restrictions and other rights of record. As shown on Exhibit `B" attached hereto and by this reference made a part hereof. Prepared y: Patrick Savage PLS 5183 - expires 6/30/2013 SHEET 1 OF 1 EXHIBIT B Diagram of Easement Area EXHIBIT "B" �- SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR LANDSCAPE AND MAINTENANCE EASEMENT l ola Q Z 0 m L fi 573 VI`q�ihj `I ♦V� 00, • a�A`"�` E7= = EASEMENT AREA L" SG�LF PATRICK J. SAVAGE Kp. 08/30/13 N0. 5183 0 or CAGI aN1f�� 1 !,28, 5622256 SHEET 1 OF 1 _B, 6i,sS ;2 F \ vo 0.8. SQ to ��f v .Aft o o - � o oi� o 4p v 58922'52 "E-� Q 5.00' ��f v .Aft o o - � o oi� o 4p v 58922'52 "E-� Q 5.00' I_7►:_I_II Y_I[tJ Legal Description of Entire Property Jr " l LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH,, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOCK 51, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AS DESCRIBED IN A DEED TO THE NEWBERT PROTECTION DISTRICT, RECORDED OCTOBER 16, 1919 IN BOOK 339 PAGE 382 OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 38 OF TRACT NO, 2887 AS SHOWN ON A MAP FILED IN BOOK 117, PAGES 28 THROUGH 30, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, BEING ALSO THE WESTERLY CORNER OF THAT CERTAIN STRIP OF LAND DEEDED TO TIME CITY OF SANTA ANA ON MAY 14, 2002 BY INSTRUMENT NO. 20020400664 OF OFFICIAL RECORDS OF SAID COUNTY, THE SOUTHERLY LINE OF SAID STRIP BEING A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 867.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 23'48", AN ARC LENGTH OF 157,32 FEET TO THE END OF SAID CURVE; THENCE SOUTH 690 55'32" EAST A DISTANCE OF 181.35 FEET; THENCE SOUTH 710 10'44" EAST A DISTANCE OF 21,51 FEET TO THE SOUTHEASTERLY CORNER OF SAID STRIP, BEING A POINT ON T14E NORTHWESTERLY LINE OF "PARCEL I" OF A DOCUMENT RECORDED IN BOOK 9034, PAGE 417, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 26° 53' 03" WEST A DISTANCE OF 776.66 FEET ALONG THE NORTHWESTERLY LINE OF SAID "PARCEL I" TO A POINT ON THE EASTERLY LINE OF SAID TRACT 2887; THENCE NORTH 0'37'08" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 802.28 FEET TO THE POINT OF BEGINNING, The area of the described land consisting of 3.205 acres, more or less.