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HomeMy WebLinkAboutU.S. DEPARTMENT OF EDUCATION-1991s ',Recordir_g requested by, s*+d E ^ECORDED IN OFFiCIALRECORD3 wbi, -n recorded; mail to: 0 F ORANGE CCONTY CALIFORNIA m -city of Santa Ana Community Development Agency QUITCLAIM DEED -9LOAM MAR29'91 P.O. Box 1988, M -25 Santa Ana CA 92702 91`144441' 41t- Q- y&w,,F*tUC0RD9 gREAMBLE This DEED is made this'd �% day oJ4—.�:.%'h , 1991, between £= the UNITED STATES OF AMERICA, acting through the Secretary of ssz� Education, by and through David Hakola, Coordinator, Federal 'ss Property, Office of the Administrator for Management Services, ( "GRANTOR ") pursuant to §203(k) of the Federal Property and r� 'Ens Administrative Services Act of 1949, as amended ( "Act ") , P*.L. No. 81 -152, 63 Stat. 377, 40 U.S.C. §471 et sea., Reorganization Plan No.'1 of 1953, the Department of Education Organization Act of 1979, P.L. No, 96 -88, 93 Stat. 668, 20 U.S.C. §3401 et sue., and the City of Santa Ana, a municipal corporation of the State of California ( "GRANTEE "). This is to cert.ir's- hat. tie i- bY the deed date z 4 {> 1�tjr�ert cGt governmental a=_ =ncy, i, _ or agency on bena; , -.., nr,t our, u1 corifer,.ed b: i !:.C.00er. 6,•!416:3, .qnr; n. o�- its dniy aurnort.ze,l .,[et --• `� � ,ir' �,/ ;)a, e d Y 6 ;r Recording requested by, when recorded, mail to: City of Santa Ana Community Development Agency P.O. Box 1988, M -25 Santa Ana CA 92702 EXE��] J C10 QUITCLAIM DEED 91= 144441 `'ECORDED IN OFFICIAL RECORDS F ORANGE COUNTY. CALIFORNIA -950 AM MAR29'91 PREAMBLE y�//'� I This DEED is made this - �% day ofr4 -./ k , 1991, between •re the UNITED STATES OF AMERICA, acting through the Secretary of sa° Education, by and through David Hakola, Coordinator, Federal a Property, Office of the Administrator for Management Services, fly• - ( "GRANTOR ") pursuant to §203(k) of the Federal Property and Asa S Administrative Services Act of 1949, as amended ( "Act "), P.L. No. 81 -152, 63 Stat. 377, 40 U.S.C. §471 et sect., Reorganization Plan No. 1 of 1953, the Department of Education Organization Act of 1979, P.L. No. 96 -88, 93 Stat. 668, 20 U.S.C. §3401 et sea., and the City of Santa Ana, a municipal corporation of the State of California ( "GRANTEE "). I. RECITALS 1. By letter dated February 14, 1991, from the General Services Administration, certain Federal surplus real property v situated in the City of Santa Ana, County of Orange, State of e California, known as being a portion of the former F.C.C. V Monitoring Station, and consisting of approximately 4.0 acres of unimproved land ( "Property ") , was assigned to GRANTOR for disposal upon the recommendation of GRANTOR that the Property is Q needed for educational purposes in accordance with the provisions of the Act. xo 2. GRANTEE has made a firm offer to purchase the Property ;o 1AJ under the provisions of the Act and has made application for public benefit allowance, and proposes to use the Property for educational purposes as detailed in its application to GRANTOR dated September 7, 1988 ( "Application "). 3. The General Services Administration has notified GRANTOR J that no objection will be interposed to the transfer of the Property to GRANTEE, and GRANTOR has accepted the offer of GRANTEE. II. AGREEMENT 4. GRANTOR, in consideration of the foregoing, one dollar, the performance by the GRANTEE of the covenants, conditions, and restrictions hereinafter contained and other good and valuable consideration, the receipt of which is hereby acknowledged, has remised, released, and quitclaimed and does hereby remise, release and quitclaim to the GRANTEE, its successors and assigns, all right, title, interest, claim and demand, reserving such rights as may arise from the operation of the conditions subsequent and covenants of this Deed, which the UNITED STATES OF AMERICA has in and to the Property, situate, lying, and being in Orange County, California and is more particularly described in the following legal description: All that certain real property in the City of Santa Ana, County of Orange, State of California, described as follows: Beginning at the most Westerly Southwest corner of that parcel of land shown on a map recorded'in Book 98, Page 10 of Records of Survey of said County, said corner being a point on a non - tangent curve, concave Westerly, having a radius of 23,093.31 feet, a radial line to said point bears North 68 017144.6" West; thence Northeasterly 317.41 feet 2 along said curve through a central angle of 00 °47115 "; thence South 87 944145" East 456.37 feet; thence South 02 °15115" West 75.00 feet; thence South 87 °44145" East 600.00 feet; thence South 02 015115" West 225.00 feet to a point in a line which bears North 87 °44145" West and passes through the point of beginning; thence Westerly 1,160.00 feet more or less to the Point of Beginning. 5. This conveyance is subject to any and all existing easements, rights of way, reservations, and servitudes, whether of record or not. III. CONDITIONS SUBSEQUENT 6. TO HAVE AND TO HOLD the Property subject, however, to each of the following conditions subsequent, which are for the sole benefit of the UNITED STATES OF AMERICA and which shall be binding upon and enforceable against GRANTEE, its successor's and assigns as follows: (1) For a period of thirty (30) years from the date of this Deed, the Property will be used continuously for educational purposes in accordance with the proposed program and plan of GRANTEE as set forth in its Application and for no other purpose. GRANTOR reserves the right to enter and inspect the Property during said period. (2) During the above period of thirty (30) years, GRANTEE will not sell, resell, lease, rent, mortgage, encumber, or otherwise transfer any interest in any part of the Property except as GRANTOR may authorize in advance in writing. 9 (3) One year from the date of this Deed and annually thereafter for the period of thirty (30) years, unless GRANTOR directs otherwise, GRANTEE will file with GRANTOR a report on the operation and maintenance of the Property and will furnish, as requested by GRANTOR, such other pertinent information evidencing its continuous use of the Property as required by condition subsequent 1. (4) During the above period of thirty (30) years, GRANTEE will at all times be and remain a tax supported institution or a nonprofit institution, organization, or association exempt from taxation under §501(c)'(3) of the Internal Revenue Code of 1954, as amended. (5) For the period during which the Property is used for the purpose for which Federal assistance is hereby extended by GRANTOR or for another purpose involving the provision of similar services or benefits, GRANTEE hereby agrees that it will comply with the requirements of (a) Title VI of the Civil Rights Act of 1964 (P.L. No. 88 -352), 42 U.S.C. §2000d et sec.; (b) Title IX of the Education Amendments of 1972 (P.L. No. 92 -318), 20 U.S.C. §1681 et seq.; (c) §504 of the Rehabilitation Act of 1973 (P.L. No. 93 -112), 29 U.S.C. §794 et sec.; and all requirements imposed by or pursuant to the Regulations (34 C.F.R. Parts 12, 100, 104 and 106) 4 issued pursuant to the Act and now in effect, to the end that, in accordance with said Acts and Regulations, no person in the United States shall, on the ground of race, color, national origin, sex, or handicap, be excluded from participation in, be denied the benefits of,. or otherwise be subjected to discrimination under the program and plan referred to in condition subsequent 1 above or under any other program or activity of the GRANTEE, its successors and assigns, to which such Acts and Regulations apply by reason of this conveyance. 7. In the event of a breach of any of the conditions subsequent set forth above or in the event of a breach of any other terms and covenants of this Deed, whether caused by the legal or other inability of GRANTEE, its successors and assigns, to perform any of the terms and conditions of this Deed, GRANTOR will, at its option, have immediate right of reentry to the Property, and to cause all right, title, and interest in and to the Property to revert to the UNITED STATES OF AMERICA, and GRANTEE, its successors and assigns, shall forfeit all right, title, and interest in and to the Property and in and to any and all of the tenements, hereditaments, and appurtenances thereto. 8. The failure of GRANTOR to insist in any one or more instances upon complete performance of the conditions subsequent, terms, or covenants of this Deed shall not be construed as a 5 waiver of, or a relinquishment of GRANTOR's right to the future performance of any of those conditions subsequent, terms and covenants and the GRANTEE's obligations with respect to such future performance shall continue in full force and effect. 9. In the event the GRANTOR fails to exercise its options to reenter the Property or to revert title thereto for any breach of conditions subsequent numbered 1, 2, 3, and 4 of this Deed as enumerated at Paragraph 6 within thirty one (31) years from the date of this conveyance, conditions subsequent numbered 1, 2, 3, and 4 of said Paragraph 6, together with all rights to reenter and revert title for breach of those conditions, will, as of that date, terminate and be extinguished. ' lo. The expiration of conditions subsequent numbered 1, 2, 3, and 4 of Paragraph 6, and the right to reenter and revert title for breach thereof, will not affect the obligation of GRANTEE, its successors and assigns, with respect to condition subsequent number 5 of Paragraph 6 or the right reserved to GRANTOR to reenter and revert title for breach of condition subsequent number 5. IV. COVENANTS 11. GRANTEE, by the acceptance of this Deed, covenants and agrees for itself, its successors and assigns, that in the event GRANTOR exercises its option to revert all right, title, and interest in and to the Property to GRANTOR, or GRANTEE voluntarily returns title to the Property in lieu of a reverter, 9 the GRANTEE shall provide protection to and maintenance of the Property at all times until such time as title is actually reverted or returned to and accepted by GRANTOR. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in FPMR 101- 47.4913 (41 C.F.R. Part 101 - 47.4913) now in effect, a copy of which is referenced in the GRANTEE's Application. 12. GRANTEE, by the acceptance of this Deed, covenants that, at all times during the period that title to the Property is vested in GRANTEE, its transferees or assigns, subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed, it will comply with all provisions of the following: the ' National Environmental Policy Act of 1969, as amended, 42 U.S.C. §4321 et sea., including the preparation of environmental impact statements, as required (see 42 U.S.C. §4332); the National Historic Preservation Act of 1966, as amended (P.L. No. 89- 665); Executive Order No. 11988, 44 Fed. Reg. 43239 (1979), reprinted in 42 U.S.C.A. §4321 app. at 188 -189 (1987), governing floodplain management; Executive Order No. 11990, 42 Fed. Reg. 26961 (1977), reprinted in 42 U.S.C.A. §4321 app. at 197 -198 (1987), governing protection of wetlands; Federal Property Management Regulations, 41 C.F.R. 101 - 47.304 -13; 41 C.F.R. 101 - 47.200 et sea., 53 Fed. Reg. 29892 (1988), provisions relating to asbestos; and other appropriate guidelines, laws, regulations or executive 7 orders, federal, state or local, pertaining to floodplains, wetlands or the future use of this Property. 13. GRANTEE, by acceptance of this Deed, covenants and agrees for itself, its successors and assigns, and every successor in interest to the Property herein conveyed or any part thereof - -which covenant shall attach to and run with the land for so long as the Property is used for a purpose for which Federal assistance is hereby extended by GRANTOR or for another purpose involving the provision of similar services or benefits, and which covenant shall in any event, and without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity, 'for the benefit of and in favor of and enforceable by GRANTOR against GRANTEE, its successors and assigns, for the Property, or any part thereof -- that it will comply with the requirements of (a) Title VI of the Civil Rights Act of 1964 (P.L. No. 88- 352), 42 U.S.C. §2000d et sea.; (b) Title IX of the Education Amendments of 1972 (P.L. No. 92 -318), 20 U.S.C. §1681 et sect.; (c) Section 504 of the Rehabilitation Act of 1973 (P.L. No. 93 -112), 29 U.S.C. §794 et sea.; and all requirements imposed by or pursuant to the Regulations (34 C.F.R. Parts 12, 100, 104 and 106) issued pursuant to the Act and now in effect, to the end that, in accordance with said Acts and Regulations, no person in the United States shall, on the ground of race, color, national origin, sex, or handicap, be excluded from participation in, be 0 denied the benefits of, or otherwise be subjected to discrimination under the program and plan referred to in condition subsequent 1 above or under any other program or activity of the GRANTEE, its successors and assigns, to which such Acts and Regulations apply by reason of this conveyance. In the event of a breach of this covenant by GRANTEE or by its successors or assigns, GRANTOR, may, in addition to any right or remedy set forth in this agreement, avail itself of any remedy authorized by the violated statute or regulation. 14. In the event title to the Property or any part thereof is reverted to the UNITED STATES OF AMERICA for noncompliance or is voluntarily reconveyed in lieu of reverter, GRANTEE, its successors or assigns, shall at the option of GRANTOR, be responsible for and be required to reimburse the UNITED STATES OF AMERICA for the decreased value thereof that is not the result of reasonable wear and tear, an act of God, or alterations and conversions made by the GRANTEE and approved by the GRANTOR, to adapt the Property to the educational use for which the Property was transferred. GRANTEE shall, in addition thereto, reimburse GRANTOR for damage it may sustain as a result of such noncompliance, including but not limited to costs incurred to recover title to or possession of the Property. 15. GRANTEE may seek abrogation of the conditions subsequent numbered 1, 2, 3, and 4 of Paragraph 6 herein by: 9 a. Obtaining the advance written consent of the GRANTOR; and b. Payment to the UNITED STATES OF AMERICA of 1/360 of the percentage public benefit allowance granted of the fair market value, as of the date of such requested abrogation, of that portion of the Property to be released for each month or portion of a month of the period to be abrogated. 16. GRANTEE, by acceptance of this Deed, further covenants and agrees for itself, its successors and assigns, that in the event the Property or any part or interest thereof is at any time within the period of thirty (30) years from the date of thi's conveyance sold, leased, mortgaged, encumbered or otherwise disposed of or used for purposes other than those designated in condition subsequent number 1 above without the written consent of GRANTOR, all revenues therefrom and the reasonable value, as determined by GRANTOR, of any other benefits to GRANTEE deriving directly or indirectly from such sale, lease, mortgage, encumbrance, disposal or use, shall be considered to have been received and held in trust by GRANTEE for the UNITED STATES OF AMERICA and shall be subject to the direction and control of GRANTOR, or its successor in function; but the provisions of this paragraph shall not impair or affect the rights reserved to GRANTOR under any other provision of this Deed. 10 17. GRANTEE, by the acceptance of this Deed, further covenants and agrees for itself, its successors.and assigns, that at all times during the period that title to the Property is vested in GRANTEE subject to conditions subsequent numbered 1, 2, 3, and 4 of Paragraph 6 of this Deed, GRANTEE shall at its sole cost and expense keep and maintain the Property and the improvements thereon, including all buildings, structures and equipment at any time situate upon the Property, in good order, condition and repair, and free from any waste whatsoever. 18. GRANTEE, by the acceptance of this Deed, further covenants and agrees for itself, its successors and assigns, that at all times during that period that it holds title to the ' Property subject to conditions subsequent numbered 1, 2, 3, and 4 of Paragraph 6, it shall not engage in, authorize, permit or suffer the extraction or production of any minerals from the Property without the written consent of GRANTOR.. GRANTEE, by the acceptance of this Deed, further covenants and agrees for itself, its successors and assigns, that should an extraction or production of minerals including, but not limited to oil, gas, coal, and sulphur on or under the described Property occur during that period.that it holds title to the Property subject to conditions subsequent 1, 2, 3, and 4, (i) it will hold all payments, bonuses, delayed rentals, or royalties in trust for GRANTOR and (ii) that all net revenues and proceeds resulting from the extraction or production of any minerals including, but 11 not limited to, oil, gas, coal or sulphur, by GRANTEE, its successors and assigns, will be held in trust for and promptly paid to GRANTOR. The listing of certain minerals shall not cause the doctrine of ejusdem oeneris to apply. Nothing herein shall be construed as authorizing the GRANTEE to engage in the extraction or production of minerals in, on, or under the Property. 19. GRANTEE, by acceptance of this Deed, further covenants that upon receipt of notice of reverter and, on demand of the UNITED STATES OF AMERICA to quit possession of the Property, it will immediately quit possession and execute a deed reconveying the Property to the UNITED STATES OF AMERICA, conveying all right, title and interest conveyed to it by GRANTOR except for encumbrances approved by GRANTOR as provided herein. 20. If the GRANTEE, its successors or assigns, shall cause the Property and /or any improvements thereon to be insured against loss, damage or destruction, or if the GRANTOR requires such insurance while the Property is subject to conditions subsequent 1, 2, 3, and 4, and any such loss, damage or destruction shall occur during the period GRANTEE holds title to the Property subject to conditions subsequent 1, 2, 3, and 4 set forth in Paragraph 6 of this Deed, said insurance and all moneys payable to GRANTEE, its successors or assigns, shall be held in trust by the GRANTEE, its successors or assigns, and shall be promptly used by GRANTEE for the purpose of repairing, and 12 restoring the Property to its former condition or replacing it with equivalent or more suitable facilities; or, if not so used, shall be paid over to the Treasurer of the United States in an amount equal to the unamortized public benefit allowance of Property multiplied by the current fair market value of the improvements lost, damaged or destroyed. If the Property is located in a floodplain, GRANTEE will, during the period it holds title subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed insure the Property and any machinery; equipment, fixtures, and furnishings contained therein against loss, damage, or destruction from flood, to the maximum limit of coverage made available with respect to the Property under ' §102 of the Flood Disaster Protection Act of 1973 (P.L. No. 93 -234). Proceeds of such insurance will be used as set forth above. 21. GRANTEE further covenants to pay damages for any time period held over beyond the time period stated in a demand to quit possession of the Property at the fair market rental value plus reasonable attorneys fees and costs of the GRANTOR in securing the return of the Property. 22. All covenants, conditions subsequent, and restrictions contained in this Deed shall run with the land and be binding upon GRANTEE, its successors and assigns, to all or any part of the Property. All rights and powers reserved to GRANTOR by this Deed may be exercised by any successor in function to GRANTOR, and all references in this Deed to GRANTOR shall include its 13 successor in function. All covenants and conditions subsecjuent contained herein are for the sole benefit of GRANTOR and may be modified or abrogated by it as provided in the Act. V. SIGNATURES TO INDICATE THEIR AGREEMENT to the provisions contained in this agreement, GRANTOR and GRANTEE have executed this document as of the date and year first above written. WITNESSES: UNITED STATES OF AMERICA Acting by and through the Secretary of Education GRANTOR: By: David Hak la, Coordinator . Federal Property, Office of the Administrator for Management Services, U.S. Department of Education, Washington, DC 14 I The City of Santa Ana, California, GRANTEE, hereby accepts this Quitclaim Deed and accepts and agrees to all the terms, covenants, conditions subsequent, and restrictions contained therein. City of Santa Ana, a municipal corporation of the State of Cali t-rnia GRANTEE:! By: tr.Y y//' WITNESSES: David N. Ream City Manager ACKNOWLEDGMENTS WASHINGTON ) )ss. DISTRICT OF COLUMBIA) On this 7 It�fl day of �1�1 1991, personally appeared before me, a Notary P blic in and for the District of Columbia, David Hakola, Coordinator, Federal Property, Office of the Administrator for Management Services, United States Department of Education, acting for the United States of America and the Secretary of Education, known to me to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same on the date hereof as his free and voluntary act and deed for the purposes and consideration therein expressed and with full authority and as 15 the act and deed of the United States of America and the Secretary of Education. IN WITNESS WHEREOF I have set my han and seal at Washington, DC, this day of —r1, 1991. Notary Publi 3� / My Commission Expir STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) On this .,'. ;) day of/%«. retL , 1991, personally appeared before me, a Notary Public in and for the State of California, David N. Ream, City Manager for the City of Santa Ana, California, acting for the Council of the City of Santa Ana, California, to me known to be the same person whose name is subscribed to the foregoing instrument and acknowledged tome that he executed the same on the date hereof as his free and voluntary act and deed for the purposes and consideration therein expressed and with full authority and as the act and deed of the City of Santa Ana, California. IN WITNESS WHEREOF, I have set my hand and seal on this day of 1'f .a �c.� , 1991. ,Notary Public My Commission Expires:° OrFICWL SEkL IaNET L [iULLOCK NO7MY GU° IJC • CRLIFOANIF ORANGE COUNTY , At, Comm, E+pim. Oct. T7, 1991 16 CC.. C U sae 'r�xz d(44) �p 88--082586 2;5/88 a9� �� r� d RECORDING REQUESTED BY: ,��, Certifica f Acceptance is now attached for Clerk of the Council re-recording. CITY OF SANTA ANA E.00> EXEMPT ��—����� 20 Civic Center Plaza o � O 3 Santa Ana, CA 92701 H � = C6 RECDED IN OFFICIAL RECORDS � rH5N RECORDED MAIL T0: a o # t OF ORANGE COUNTY, CALMANIA CITY OF SANTA ANA o �� CLERK OF THE COUNCIL .�.t;, i EXEM °f" -$ 55 AMEg,25 88 h P.O. COX 1986 s C11 o�a� SANTA ANA, CA 92702 N� Prt:—,p POLICE /FIRE TRAINING FACILITY - CENTENNIAL PARK THIS INDENTURE, made this 16th day of February 1988 , by and between the CITY OF SANTA ANA, a municipal corp- oration of the State of California, party of the first part, hereinafter referred to as the Grantor, and the UNITED STATES OF AMERICA, party of the second part, hereinafter referred to as the Grantee, W I T N E S S E T H 1. That on June 1, 1969, Grantee, by Qui RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA ! -00 PM JUL 5'88 COUNTY REOOROER tclaim Deed dated June 1, 1969, recorded on August 1, 1969, in Book 9037, Page 694 of the Official Records of Orange County, California deeded to Grantor certain property for public park and recreation purposes only, hereinafter referred to as "said real property "; and 2. That Grantor desires to not utilize a portion of said real property, which portion is hereinafter shown on Exhibit "A," attached hereto and incorporated herein by reference, for park and recreation purposes in order that Grantor will have the r_ � �yy�� -- -_-�_~, �� opportunity to acquire said portion for public health, safety and educational purposes as well as to enhance public recreational NOW, THEREFORE, pursuant to the terms contained in that certain Quitclaim Deed from the UNITED STATES OF AMERICA to the CITY OF 3&0T& ANA, recorded in Book 9037/ Page 694 of the Official Records of Orange County, California, the Grantor does by these presents revert unto the United States of America all the Grantor's ziqbtx title and interest in and to all that certain real property situated in the City of Santa Ana, County of Orange, State of California, hereinafter referred to as "said premises," shown on attached Exhibit "&° and described as follows: All that certain real property in the Citl, of Santa Ana, County of Orange, State of California, described as follows: Beginning at the most Westerly Southwest corner of that parcel of laud shown on a map recorded in 8uob 98, page lO of Records of Survey of said County, said corner being a point in a non-tangent curve, concave Westerly, having a radius of 23/093.31 feet, a radial line to said point bears 00ztb 68017144"6n West; thence Northeasterly 317^41 feet along said curve through a central angle of 00147115*; thence South 87"44145° East 456.37 feet; thence South 020I5115« West 75°00 feet; thence 8notb 87044"85m East 600^00 feet; thence Guotb 02*15»15n West 225°00 feet to a point in a line which bears North 87*44»45n West and passes through the point of beginning; thence Westerly 1,160"00 feet more Or less to the Point of Beginning. -2- ii ! • TO HAVE AND TO HOLD the said premises, together with the appurtenances, unto the said Grantee, and to its successors and assigns forever. IN WITNESS WHEREOF, the said Grantor has executed the conveyance the day and year first hereinabove written. ATTEST: GUY LERK CF THE COUNCIL AP ROVE� AS 0 O EOT: David N. eam City Manager CITY OF SANTA ANA, a municipal corporation of the State of California Dani H. Young, ay Y r STATE OF CALIFORNIA ) SS. State of California U8 -U8 5 6* SS. County of Orange On this 114 day of Fobs -uci r.✓ , In the 00 year 1988 , before me Clerk of the ) Council or ' j 110 rn �.._.. eta.: ta7npjaty Clerk of the W Council of the City of Santa Ana ; sonally appeared t� ^JA" cEC6u'r , pers: .a;ly known to me (or CJ) proved to me on the basis of satisfactory evidence) K �J to be the person who executed this instrument as Jah%c &, C,.Gv.,Cjeekof ike couincil of the City of Santa Ana and acknowledged to me that the City of Santa Ana executed it. olzza , —3— bb--Lb . bbb MOHA EDINGER AVENUE ti CENTENNIAL PARK Proposed PolicelFire -Training Facility L 3, EXHIBIT A , t i� 1 • CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed dated the 16th day of February, 1988 from the City of Santa Ana is hereby accepted by the undersigned officer or agent on behalf of the Department of the Interior and the grantee consents to recordation thereof by its duly authorized officer. Date: By: • 1151 • ..�_.a. W a s _..... 01 1 ss STATE OF CALIFORNIA Ass late Regi Wes rn Region National Park Director Service on this 6th day of June , 1988, before me, the subscriber, personally appeared John D. Cherry, to be known and personally known to me to be the Associate Regional Director, Western Region, National Park Service, of the United States of America, acting by and through the Secretary of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument as such Associate Regional Director aforesaid, as the act and deed of the United States, for and on behalf of the Secretary of the Interior, and he acknowledged that he executed the foregoing instrument for and on behalf of the United States of America, for the purposes and uses therein described. OFFICIAL SEAL " MARY E MEREDITH 3 P .R NOTARY PU RLIC CAIfFgRN1A SAN FRANCISCO COUNTY '. ..%� My mmm. expires MAR 26, 1+389 My Commission expires: YAR •r, Mary t Oredith 9157 REQUEST FOR A- s8- ooq) i C; °710✓ COUNCIL /ACTION CITY COUNCIL AGENDA DATE February 16, 1988 DATE OF COUNCIL ACTION FFB 116— TITLE Authorize Mayor to execute deed of Resolution No- adopted. release and City Manager to execute appli— Approved as recommended. cation for 4 acres of the southwest corner of Centennial—Park. CITY MANAGER MANAGER CLERK OF THE CO RECOMMENDED ACTION !!! Authorize Mayor to execute deed of releas and City Manager to execute application for 4 acres of the southwest corner of Centennial Park. DOCUMENT ON FILE IN CLERK'S OFFICE EXECUTIVE SUMMARY Staff has identified four (4) acres of unimproved land at the southwest corner of Centennial Park for a new Police /Fire Training Facility. The property is currently owned by the City of Santa Ana with a deed restriction requiring that the property be used for park and recreational uses only.. Through discussions with the National Park Service and other federal agencies, we have discovered a process whereby the City can deed our property to the National Park Service which will then transfer the site to the Department of Education. The Department of Education will then convey the land to the City of Santa Ana for use as a Police/Fire Training Facility. The Department of Education has already stated its support for the City's Police /Fire Training Facility and the National Park Service has indicated support for the proposed land transfer. 086 0C 60. B. MEMORIAL PARK POOL - APPROPRIATION ADJUSTMENT NO. 091 MOTION: Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 091 - Transferring $3,000.00 from account 11- 591 - Memorial Pool Charges to account 11- 248 -201- Aquatics - Utilities. MOTION: Acosta SECOND: Pulido VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 310.05 915 ✓ 60.C. POLICE /FIRE TRAINING FACILITY - CENTENNIAL PARK MOTION: 1) Authorize the City Manager to execute Application for Purchase of Real Property at Centennial Park as Public Benefit Allowance. 2) Approve deed transfer and authorize execution by Mayor and Clerk of all necessary documents in connection with transfer. A -88 -009 DEED 7 t 3 6 3) Adopt resolution. RESOLUTION NO. 88 -11 - A Resolution of the City Council of the City of Santa Ana to Obtain 4 Acres of Centennial Park for a Police /Fire Training Facility. MOTION: Acosta SECOND: Pulido VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 710'✓ 915 60.D. LABOR AGREEMENT WITH SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION MOTION: 1) Authorize the City Attorney to prepare and the Mayor and Clerk to execute the agreement. AGREEMENT NO. A -88 -008 - BETWEEN THE CITY OF SANTA ANA AND SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION - Memorandum of Under- standing for a 30 -month period July 1, 1987 through December 31, 1989 - Human Resources Agency. CITY COUNCIL MINUTES 52 FEBRUARY 16, 1988 133 RESOLUTION NO. 88 -11 _ A_RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF SANTA ANA TO 0_BTAIN 4 ACRES 0_F__ CENTENNIAL PARK FOR A POLICE /FIRE TRAINING FACILITY. WHEREAS, certain real property owned by the United States, located at the southwest corner of Centennial Park in the City of Santa Ana in the County of Orange, State of California, has been declared surplus and is subject to assignment for disposal for educational purposes by the Secretary of Education, under the provisions of section 203(k) (1) of the Federal Property and Administrative services Act of 1949 (63 Stat. 377), as amended, and rules and regulations promulgated pursuant thereto, more particularly described as follows: WHEREAS, The City of Santa Ana needs and can utilize said property for educational purposes in accordance with the requirements of said Act and the rules and regulations promulgated thereunder of which this council is fully informed, including commitments regarding use and time within which such use shall commence. NOW, THEREFORE, BE IS RESOLVED, the City of Santa Ana shall make application to the Secretary of Education for and secure the transfer to it of the above - mentioned property for said use upon and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the Secretary of Education, or his authorized representative, may require in connection with the disposal or said property under said Act and the rules and regulations issued pursuant thereto; and, BE IT FURTHER RESOLVED, that the City of Santa Ana has legal authority, is willing and is in a position financially and otherwise to assume immediate care and maintenance of the property and that David N. Ream, City Manager of the City of Santa Ana is hereby authorized, for and on behalf of the City Council of the City of Santa Ana to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making and filing of plans, applications, reports, and other documents, and execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, and the payment of any and all sums necessary on account of the purchase price thereof fees (including the service charge, if any, assessed by the State Agency for Surplus Property) or costs incurred in searches, appraisals, recordation of instruments, or escrow costs, together with any payments by virtue of nonuse or deferral of use of the property. r RESOLUTION NO. 88 -11 PAGE TWO IE the applicant is unable to place the property into use within the time limitations indicated below (or determines that a deferral of use should occur), it is understood that the City of Santa Ana will pay to the Department for each month, of nonuse beginning 12 months after the date of the deed, or 36 months where construction or major renovation is contemplated, the sum of 1/360 of the then market value for each month of nonuse. When the application is approved by the Department of Education, a copy of the application and standard deed conditions will be filed with the permanent minutes of the Council. ADOPTED this 16th day of February, 1988. ATTEST: J lee C. Guy erk of the Counclq COUNCILMEMBERS: Young Absent McGuigan Ave Acosta Aye Griset U_ Hart Aye May Ave Pulido Aye Da H. Yo ng, M yor APPROVED AS TO FORM: 139 I, Janice C. Guy, hereby certify that I am the Clerk of the Council, of the City of Santa Ana; and that the foregoing resolution is a true and correct copy of the resolution adopted by the vote of a majority of the members of said Santa Ana City Councilmembers, present at a meeting of said Council on the 16th day of February, 1988, at which a quorum was present. e C. Guy Jerk of the Council &- RECORDING REQUESTED BY: Clerk of the Council 1112 CITY OF SANTA ANA n 20 Civic Center Plaza v ro d Santa Ana, Ana, CA 92701 E WHIZ ACCORDED MAIL TO: � ' CITY OF SANTA ANA CLERK OF THE COUNCIL, P.O. COX 1988 SANTA ANA, CA 92702 v� U 140,1 Certificate of kceeptaue is rww ettad ed for re- rxaaor*A&, EXEMPT 88- 3Z0163 CIS RECORDED IN OFr4O1AL SWORDS OF ORANGE COUNV, CALIFORNIA EXEMPT -8 55 AM FEB 25'88 0- Gil t} AWFA P Mt9 W POLICE /FIRE TRAINING FACILITY W CENTENNIAL PARK THIS INDENTURE, made this 16th day of FepruarV , 1988 , by and between the CITY OF SANTA ANA, a municipal corp- oration of the state of California, party of the first part, hereinafter referred to as the Grantor, and the UNITED STATES OF AMERICA. oarty of the second cart. hPreina£ ter referred to as the Grantee, W I T N E s s E T H 1. That on June 1, 1969, Grantee, by Oui f RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -00 PM JUL 5'98 o+"° PCCOHOEF tclaim Deed dated June 1, 1969, recorded on August 1, 1969, in Book 8037, Page 694 of the Official Records of Orange County, California deeded to Grantor certain property for public park and recreation purposes only, hereinafter referred to as "said real property "; and 2, That Grantor desires to not utilize a portion of said real property, which portion is hereinafter shown on Exhibit "A," attached hereto and incorporated herein by reference, for park and recreation purposes in order that Grantor will have the 140.2.- 81 82586 88- 320163 i opportunity to acquire said portion for public health, safety and lCj educational purposes as well as to enhance public recreational ^ use; NOW, THEREFORE, pursuant to the terms contained in that certain Quitclaim Deed from the UNITED STATES OF AMERICA to the CITY OF SANTA ANA, recorded in Book 9037, Page 694 of the official Records of Orange County, California, the Grantor does by these presents revert unto the United States of America all the Grantor's right, title and interest in and to all that certain real property, situated in the City of Santa Ana, County of Orange, State of California, hereinafter referred to as "said premises," shown on attached Exhibit "A" and described as follows: .All that certain real property in the City of Santa Ana, County of Orange, State of California, described as follows: Beginning at the most Westerly Southwest corner of that parcel of land shown on a map recorded in Book 98, page 10 of Records of Survey of said County, said corner being a point in a non - tangent curve, concave Westerly, having a radius of 23,093.31 feet, a radial line to said point bears North 68 017144.6" West; thence Northeasterly 317.41 feet along said curve through a central angle of 00 047115 "; thence South 87 "44'45" East 456.37 feet] thence South 02 015115" West 75.00 feet; thence South 87 044'45" East 600.00 feet; thence South 02 115115" West 225.00 feet to a point in a line which bears North 87 044145" West and passes through the point of beginning; thence Westerly 1,160.00 feet more or less to the Point of Beginning. -2- 8882586 88-32010, 140,3 TO HAVE AND TO HOLD the said premises,_ together with the appurtenances, unto the said Grantee, and to its successors and assigns forever. IN WITNESS WHEREOF, the said Grantor has executed the u= conveyance the day and year first hereinabove written. N ATTEST: IRNUL U. MY LERK OF THE COUNCIL CIL AP ROV AS 0 0 E T: David N. Ream, City Manager APPROV A5 0 FORM: 85war Coop r City Attor CITY OF SANTA ANA, a municipal corporation of the State of California Danl H. Young, ay I r STATE OF CALIFORNIA ) ) SS. State of California U UL�t)� ss: : County of Orange On this day of Ee v , In the year i9$8 ,before me Clerk of the Council or_ltili liiam Q a�i V, p,puty Clerk of the Council of the City of Santa Ana psmonally appeared J6rJ1ca C Gov per,✓;r,a;ly known to me (or Proved to me on the basis at satistactory evidence) to be the person who executed Ihis instrument as JA'Il r . •uy— C1e.r'lLoi R.. r.,,..,.,i of the City of Santa Ana and acknowledged to me that the City of Santa Ana executed it. 97Z 7 —3— j e (1� f fV — CD n W s 4 jr EDIN6ER AVENUE MOHAWY I I Jf EXHIBIT A 88- 320163 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed dated the 16th day of February, 1988 from the City of Santa Ana is hereby accepted by the undersigned officer or agent on behalf of the Department of the Interior and the grantee consents to recordation thereof by its duly authorized officer. Date: 4,a4a G nsp By: I John . Ch rry Ass iate Regional Director Wes rn Region National Park Service COUNTY OF SAN FRANCISCO ss STATE OF CALIFORNIA ) On this 6th day of June 1988, before me, the subscriber, personally appeared John D. Cherry, to be known and personally known to me to be the Associate Regional Director, Western Region, National Park Service, of the United States of 'America, acting by and through the Secretary of the interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument as such Associate Regional Director aforesaid, as the act and deed of the United States, for and on behalf of the Secretary of the Interior, and he acknowledged that he executed the foregoing instrument for and on behalf of the United States of America, for the purposes and uses therein described. OF'F'ICIAL SEAL MARY E MEREDITH NOTARY PUBLIC • CALIFORNIA s , >. SAN FRANCISCO COMITY :..0 My come, expires MAR 26, 1989 my Commission expires: u. RON riI , APPLICATION FOR PURCHASE OF REAL PROPERTY AT CENTENNIAL PARK AT PUBLIC BENEFIT ALLOWANCE 1. Identification of Applicant A. City of Santa Ana B. Santa Ana Municipal Code C. David N. Ream, City Manager, 20 Civic Center Plaza, Santa Ana, CA 92701 D. City of Santa Ana, (714) 647 -6900 2. Federal Installation A. Four acres of undeveloped land on the southwest corner of Centennial Park in Santa Ana, California 3, Description of Real Property Desired A. The City of Santa Ana is requesting four acres of unim- proved land in Centennial Park pursuant to the attached meets and bounds description and the attached plot plan. Specifically, the City requests this release of acreage at the southwest corner of the park for educational pur- poses according to Section 203(k) of the Federal Property and Administrative Services Act of 1949. B. (1) The property in question is currently zoned 110" for open space and is currently part of a 66 acre park facility. When the City acquires the land it will subsequently seek a zone change in order to comply j with the proposed usage of a police /fire training facility. (2) The construction of the police /fire training facility will comply with the state and local building regulations for such facilities. (3) Full utility service will be required as follows: j 12" looped water main, natural gas, sewer, storm drains, cable interconnect, and electric power. The City will secure all needed utilities as part of the overall project cost. i C. Not applicable. 14:.0 8 APPLICATION FOR PURCHASE OF REAL PROPERTY AT CENTENNIAL PARK AT PUBLIC BENEFIT ALLOWANCE -- - Page .2 4. Proposed Program for Facilities Requested A. The City of Santa Ana proposes to use the 4.0 acres of unimproved land in Centennial Park for a police /fire training facility, This proposal is the culmination of a four -year search for an appropriate site for the police /fire training facility. The proposal provides for the much needed training facility while maintaining the recreational opportunities for the public. The police /Eire training facility would serve a maximum of 60 police personnel in training, 40 Eire academy students in training and various other support staff. The facility would consist of four classrooms, a physical fitness training center, a pistol range, administrative offices, a video studio, and a library. The Eire and police departments in Santa Ana are among the largest in Orange County. As the seat of county government and the second largest city in Orange County, Santa Ana has an extraordinary need for a large, well trained public safety Eorce. This need can only be met by consistent and routine training of fire and police personnel. Currently the fire suppression personnel training is conducted at one of the only two facilities in the county. The facilities are used jointly by 17 fire departments and Rancho Santiago College, totalling over 200 fire units. The training program at each facility is determined by the partners operating that facility. The philosophy of training at each facility is different and neither address the unique needs of Santa Ana since the City is not a partner. The police department currently has fragmented in- service training facilities due to a lack of a permanent location to conduct classes. Officers often travel as far as San Jose or San Diego for training that could have been accomplished locally if the facilities were available. The need for a training facility in the City is particu- larly acute because the police department has the largest number of narcotics and other specialized units in the county. The Santa Ana Police Department makes the most — arrests, has the most officers in special units, and contributes the most officers to outside training of any police department in the county. A City police training facility would provide a location for uniform special- ized training. APPLICATION FOR PURCHASE OF REAL PROPERTY AT CENTENNIAL PARK AT PUBLIC BENEFIT ALLOWANCE Page -3_ .. A. (cont'd) - The proposed educational /training facility would be cap- able of accommodating classroom instruction for a broad range of mandated and in- service training for both sworn and non -sworn employees. Last year the department facil- itated and /or conducted over 29,000 hours of training for our 577 employees. This is equivalent to 6.6 work days of instruction per employee. The curriculum offered ranged from specialized in- service instruction to state (POST) mandated advanced officers' courses. Training programs are conducted on a year -round basis with individual class size ranging from 20 to 60 students. Instructors are both in -house experts and outside professionals depending upon subject matter. Additionally, the department provides cardio- pulmonary resuscitation training, leadership training for Neigh- borhood Watch block captains and other courses to the public when facilities are available. This public service would be enhanced with the proposed training facility. Rancho Santiago College, which is the only college in the county conducting fire training courses would expand its current capacity by offering emergency medical training courses, and conducting officer training classes. Also, the college may move its academy to the new facility. Currently the college shares the same two facilities with other fire departments in the county. The college activities would consist of classroom training to students interested in fire suppression. Also, the advanced courses would be available for fire- fighters. Other components of the college training include various drills, fire simulation and video - tapings. The fire training facility would have four large classrooms which could break away into one large classroom or into smaller classrooms. The facility would also consist of a burn tower, a par course, a videotaping studio, and a pit for practicing extin- guishing oil fires. B. (1) Number of students enrolled - approximately 160. (2) Number of classes operating - approximately 25, (3) Problems with overcrowding and inadequate facilities have been discussed in part A of this section. (4) Average enrollment per classroom unit - approximately 36 - 40. 9.40.10 APPLICATION FOR PURCHASE OF REAL PROPERTY AT - CENTENNIAL PARK - AT PUBLIC BENEFIT_ ALLOWANCE, -- __- Page 4 B. (cont'd) (5) Number of certified teachers employed full time - Five instructors with the Santa Ana Fire Department are fully certified by the State Fire Marshall and the California Fire Service Training and Education System. There will be approximately ten outside guest or in -house certified Santa Ana Police Department instructors, who are certified by Police Officers Standards and Training. (6) Not applicable. C. Not applicable. D. Pending E. For at least the past four years, the City has searched for an appropriate site for a police /fire training facility. The City has considered several alternatives. The need for the facility has steadily increased while the available options have decreased. Continued urban development in Santa Ana has considerably reduced avail - - able vacant land. The City is substantially built out and has had to carefully evaluate the highest and best use of each City — owned and operated land parcel. Among the various considerations which failed for various reasons were a proposed joint -use facility at the E1 Toro Marine base and three subsequent efforts to locate a training facility in the City. A joint City Yard training facility proposal failed due to neighborhood opposition. A proposed facility at Standard Steet and Garfield Street later became a federal foreign trade zone thereby changing the highest and best use from a training facility to an industrial. A proposed joint use facility with the City of Costa Mesa failed to be fully developed. After careful and thorough evaluation of each alterna- tive, the City determined that the site with the highest and best use for a training facility is the Centennial Park site. When the City acquired the land in 1969, the original plans for the. proposed site included a holding yard, storage area, and a parking lot. The property, adjacent to the southwest corner, is and has been for the last 20 years heavy industrial. Currently the property is used by chemical companies, warehouses, manufacturers and other industrial companies. These uses are all compatible with the proposed training facility. S. APPLICATION FOR PURCHASE OF REAL PROPERTY AT CENTENNIAL PARK AT PUBLIC BENEFIT ALLOWANCE Page -5 Physical Layout, Plans and Cost Estimates The physical layout includes a two -story office /locker room/ training facility /classroom /audio - visual facility with a multi -level training tower, a burn building, and paved area for training and driving Eire trucks. The cost estimate for this facility is $4 million. 6. If the program contemplates major development costs a un -snot currently avaiT e. ¢ ve n ans ana sou Funds will be gathered from such sources as City General Funds, federal housing and community development funds, redevelopment tax increment funds, and educational funds from the Rancho Santiago Community College District. The City may find it necessary to develop a revenue bond 'issue in order to expedite construction. 7. Additional Information A. N/A B. N/A C. All classes are fully accredited through Rancho Santiago and State Fire Training. D. Curriculum expansion: new or expanded courses may include: Fire Academy (12 units - 40 students) Public Education Officer 1 (3, 40) Public Education Officer II (3, 40) Media Relations (3, 40) Fire Prevention Officer 1A (3, 40) Fire Prevention Officer 1B (3, 40) Fire Prevention Officer 11 (3, 40) Fire Instructor lA (3, 40) Fire Instructor 1B (3, 40) Fire Instructor 11A (3, 40) Fire Instructor 11B (3, 40) Emergency Medical Technician (3, 40) Fire Investigator I (3, 40) Fire Investigator II (3, 40) Fire Investigator III (3, 40) Fire Investigator IV (3, 40) 140..1 I. APPLICATION FOR PURCHASE OF REAL PROPERTY AT CENTENNIAL PARK AT PUBLIC BENEFIT ALLOWANCE Page' .G 7. Additional Information (cont'd) Fire Management I (3, 40) — Fire Command IA (3, 40) Fire Command IB (3, 40) Fire Command II (3, 40) Haz -Mat Technician (3, 40) Fire Protection Sprinkler Design 201 (3, 40) Fire Protection Sprinkler Design 202 (3, 40) Intro to Fire Technology (3t 40) Personal Fire Safety (3, 40) Fundamentals of Fire Prevention (3, 40) Building Construction (3, 40) Fire Protection Equipment and Systems (3, 40) Fire Fighting Practices (3, 40) Codes and Ordinances (3, 40) Wildland Fire Control (3, 40) Fire Hydraulics (3, 40) The primary purpose of the facility would be to train Santa Ana Police and Fire personnel. As classroom space becomes available, Rancho Santiago College has requested classroom space for approximately 20 of the above courses Students in these classes would be both new students and career firefighters throughout Southern California. 8. Assurance of Compliance with Nondiscrimination Requirements The City of Santa Ana will not discriminate because of race, color, national origin, sex, or handicap in the use of the property, in keeping with Section 606 of the Federal Proper- ty and Administrative Services Act of 1949, Title VI, of the Civil Rights Act of 1964 (P.L. 88 -352), Title IX of the Education Amendments of 1972 (P.L. 92 -318), and Section 844 of the Education Amendments of 1974 (P.L. 93 -380) in relation to education, and Section 504 of the Rehabilitation Act of 1973 (P.L. 93 -112), and the Department's regulation issued persuant to such acts (44 CFR Parts, 12, 80, 84, and 86). 140.13 APPLICATION FOR PURCHASE OF REAL PROPERTY AT CENTENNIAL PARK AT PUBLIC BENEFIT ALLOWANCE _ Page 7 9. Insurance Provision Not Applicable. 10. Protection and Maintenance of the Property The applicant covenants and agrees for itself, and its successors and assigns that in the event the grantor exercises its option to revert all right, title and interest in the property to the Grantor, or the Grantee shall provide protection and maintenance to the property at all times until such time as the title is actually reverted or returned to and accepted by the grantor and the responsibility for such protection and maintenance is assumed by the General Services Administration. Such protection and maintenance shall, provide protection and maintenance to the property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor and the responsibility for such protection and maintenance is assumed by the General Services Administration. Such protection and maintenance shall, at the minimum, conform to the standards prescribed by the General Services Administration in its regulations FPMR 101 - 47.4913 (41 CFR Part 101) in effect as of the date of the deed, a copy of which is attached to this application. (See attachment A) 11. Compliance with the Preservation Acts The property requested has no environmental, historic or archaeological significance. An environmental assessment is attached. (See attachment R) 12. Certification of Applicant I certify that I am the individual authorized by the City Council of the City of Santa Ana to do and perform all necessary acts in connection with the making and filing of this application and acquisition of the Federal surplus real property applied for herein, and that all information supplied herein is true and correct to the best of my knowl dge. Davi N. eam City Manager City of Santa Ana .140-14 AWACHMENT "A" Extrlot PYOm - -� "- CENERAD SERVICES ADHINIBTRATCGN -- PtOehAl. 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II , Yble:Ipbu19 M 0aNN0 p1 rOWAn ANana•- iMN telly nPPa0lbb eYWrl4n laa MINT F L. Ronda. Aaharde, and Ienr. ATTACHMENT "B" Probable Environmental Effects of the Proposed Action + r I Please provide a narrative explanation of the probable environmental effects occurring in each of the following 42 areas of importance: 1. Describe the property that will be directly affected by the construction. Is it in a rural, urban or suburban area? Is it directly associated with current facilities operated by the applicant? Please describe the specific piece of land upon which the construction will occur in terms of its current use by man. If the land is in a natural state, please provide a brief description with respect to plant and animal life. i o urban o yes o regional park o raw land with no animal and.mineral plant life 2. Describe the surrounding area. It is primarily residential, industrial, agricultural, etc. Has the area been formally zoned for specific uses. Please provide a map of the immediate area covering approximately one square mile. (Street maps or line drawings for urban projects are sufficient). Immediately south is industrial; immediately north and east is park; west is a large river; one half mile north and east is residential. 3. Will the construction occur in a flood plain, wetland area, desert, tundra, or some other type of unique geological /meterological interest. Flood plain until completion of Santa Ana River project. 4. Will existing underground service systems (sewage, water, telephone cables, etc.) require more than alterations associated with routine connections or hook -ups? If so, please describe. No. 140;.1(0 ATTACHMENT "E" Page 2 S. Please describe the composition of the sub - surface area. Are there mineral deposits? (Applicable only for all new complexes as well as new facilities in rural and suburban areas). Sandy silt; no minerals known. 6. Will the facility obtain water from a natural source, such as wells, rivers, lakes, catchment basins, etc.? Not directly. 7. How high will the facility be from ground level? Are there any aircraft approach or departure pat- terns, TV or radio transmission facilities within three horizontal miles of the facility? If so, please describe. Two story with five story tower; no. 8. Describe any new air pollution sources that will be introduced as part of the facility (heating, cooling, incineration, etc.) together with the emission rates expected. Provide the percent increase of emissions from the usage of existing sources. Please classify such sources as to short -term (construction) and long -term (operation) and describe methods for mini- mizing such effects if such remedies are known. None. 9. Approximately how many vehicles will be introduced into the area on a daily basis as a result of the operation of the facility? What is the approximate percentage increase in daily traffic in the area? Fifty vehicles daily on average; 1000 increase, however, traffic is currently negligible. 140:17 ATTACHMENT "E" Page 3 _. 10. How much additional water (run -off or otherwise) will be diverted into natural water systems? (Not applicable for modifications or alterations). Through what channels will the water flow into such a system? Will the additional flow of water intro - duce or increase the number of annual occurrences of flood conditions? (As necessary, describe steps that will be taken to prevent this.) None. 11. Will an identifiable increase in sedimentation occur in any natural water system during construction and /or operation? No. 12. Will the facility introduce or increase the occurrence of water systems, including sewage lines, outside the facility? If so, please describe in general terms. If traps, etc. are to be installed in the facility, please identify. Also, identify the ultimate fate of such wastes, including a sewage treatment plant or natural water system. I Normal water and sewer facilities with human popula- tion; no traps to county trunk sewer properly sized. 13. Describe the sound created by the facility which will be audible in the immediate area (external to the building) other than sounds associated with the normal functioning of a human population. None. 14. Describe the new electromagnetic wave sources that will be used in the facility and identify the extent to which they may be identifiable external to the structure. (Exclude light sources). j None. 15. Describe external light sources that will be introduced, if any, above and beyond street lighting. None. 140 -18 ATTACHMENT "B" Page 4 16. To what extent will the facility alter existing —Wind patterns (generally applicable only in rural area$ or highly developed urban areas when a wind tunnel would be created or the current wind velocity increased considerably). None. 17. During the operation of the facility, will any materials be recycled and /or be discarded which could reasonably be recycled? If so, please describe. N/A 18. Will contaminants be stored at the facility? If so, please describe physical safeguards that will be used to guard against their introduction to the natural environment should they be accidentally released (fuel oil, large amounts of chemicals, etc.). No. 19. Approximately how many people now live in the immediate area? How many people can be expected to live in the immediate area as a result of the operation of the facility (or complex)? None; none. 20. Approximately how many temporary residents will be Introduced to the area during construction? (Generally applicable only to rural projects). N/A 21. Approximately how many temporary residents will normally be associated with the operation of the facility (or complex). 10 - 15 during working hours. 140.19 22. Approximately how many additional transients will be introduced to the area on a daily basis during operation (ex: staff, students, etc.). 20 - 50 /day. 23. If the project will use agricultural land, parks, woods, forests, prairies, etc., list the types of animals that currently inhabit the area. Generally describe the site in terms of flora which will be destroyed or altered. No animals, cleared raw land. 24. Will the construction of the facility disrupt any of the following services to a human population for more than 24 hours? Water, electrical power, natural gas, or sewage. No; 25. How much electricity will the facility (complex) utilize (peak load)? Provide the name and address of the source supplying the electricity. The Southern California Edison Company (Grand Avenue, south of McFadden) will be the electricity supplier. So. Cal. Edison estimates that at peak load the fac- ility will utilize about 38,000 - 40,000 kwh /month, 26. How much water will the facility (complex) use on a normal day? What is the system that provides the water (name and address of system). What is the immediate source (reservoir, pumping station, water tower, etc.)? At peak operations, the facility will use 100 gpm maximum; City of Santa Ana, a 1211 water main runs through Centennial Park; city wells and reservoir. ATTACHMENT "B" Page 6 -- 27. Now much sewage will the facility generate on a daily basis? Will the sewage be handled by a sewage treat- ment facility? If so, provide the name and address of the system and identify the particular facility by name. What level of treatment (primary, secondary, tertiary) does the plant provide? What is the remaining capacity of the plant? No treatment facility; treatment by County of Orange; secondary, 28. How much solid waste will be generated by the facility (complex) on a daily basis? What is the ultimate dis- posal of this waste (land -fill, incineration, recycle). Please provide the name and address of any service organization that will be associated with the removal of wastes. Three cubic yards /day; land -fill; Great Western Reclamation Company and County of Orange. 29. Will any residences, hotels, rooming houses, etc. be destroyed or temporarily vacated as a- result of the project? If so, please describe the facilities and the people that will be affected. No. 30. Will any of the following existing services be altered through the construction of the facility: mentally retarded or handicapped, educational or day care? If so, please describe. No. 31. Will the new facility contain (or increase capacity) of any of the services listed above. If so, please describe. Yes, educational facility. 32. Please briefly identify those existing streets, freeways, etc. in the immediate area that will receive the increased traffic as a result of the operation of the facility and describe their ability to handle the increase. Edinger and Fairview; they are flowing below capacity now and will be after the project. 140.6-al ATTACHMENT "6" Page 7 33. Will any other transportation system (e.g., subways, bus lines) be directly affected by the operation of the facility (new service lines, equipment, etc.)? is there an identifiable percentage increase in the volume of traffic? If so, please describe. No. 34. Is there a site in the area which is listed or proposed for listing on the national Register of Historic Places, the National Landmarks Registry or any state or local variation thereof? If so, please describe its geographic relationship to the project. No. 35. Did any historic activity of significance occur on the site or will a facility that is more than 50 years old be altered or destroyed? If so, please describe. No. 36. Will the activity destroy or decrease access to any known or potential archeological sites? If so, please describe. No. 37. Are there any members of an endangered species in the immediate area (as defined by the Department of Interior's endangered species list or any state or local variation thereof)? If so, please identify. No. 38. Will the construction or operation of the facility violate or require a variance from any federal, state or local laws pertaining to the visual environment, odors, noise? If so, please identify. . No. 14,0. a.a ATTACHMENT "B" Page 8 39. Will the construction or operation of the facility violate or require a variance from any federal, state, or local laws pertaining to land, air or water pollution, or land use? If so, please describe. No. 40. Will construction of the facility disrupt the cultural harmony of the community or neighborhood? Include any pertinent information as to the opinions i of residents regarding the project impact on their j lifestyles. i No. i 41. What are the dimensions (number of levels, gross square footage, net usable square footage) and architectural design features (e.g., brick, stucco, etc.) of the facility proposed for renovation or construction? Two stories; 38,000 square feet. 42. What is the planned disposition (e.g., demolition, renovation for other public use, etc.) of any facility (ies) being vacated as a result of the proposed project? N/A tMa3 ATTACHMENT KC" ASSURANCE OF COMPLIANCE AITH THE DEPARTMENT OF HEALTH, EDUCATION, AND R'ELFARE REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 City of Santa Ana (hereinafter called the "Applicant ") (Hams of Applicant) HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 89352) and all requirements imposed by or pursuant to the Regulation of the Department of Health, Education, and Welfare (45 CFR Part 80) issued pursuant to that tide, to the end that, in accordance with tide VI of that Act and the Regulation, no person in the United States shall, on the ground of race, coloi, or national origin, be excluded from participation in, be denied the be of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agree. ment. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during vhich-the.real property or structure is used for a purpose for which the Federal financial assist- ance Is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assist- ance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment pay - ments after such date on account of applications for Federal financial assistance which were approved before such data The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United Stores shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assign - sea, and the person or persons whose signatures appear below are authorized to sign this assur- ance on behalf of the Applicant. Dated . February 22, 1988 UavidA Ream, 9ity Manager 1 ItApyF,cenrt ,t B (President, Chairman of Board or computable authorized official) 20 Civic Center plaza Santa Ana, CA 92701 (Applicant's maillas address) "0 101441 I1*44)