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Home My WebLink About20A - AA - EASEMENT 918 N BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: RELEASE OF EASEMENT ON A PARCEL AT 918 NORTH BRISTOL STREET (PROJECT NO. 11- 6741,),_:_ _ = (STRATEGIC PLAN NO: 6, 1G} CI MANAG R—� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council the execute a Termination of Easement Agreement with Marcela M. Ocampo, an adjacent property owner at 1306 West Tenth Street, for the parking easement at 918 North Bristol Street, and authorizing the total sum of $6,000 as full consideration for termination of the easement. 2. Approve an Appropriation Adjustment recognizing $6,000 in current -year funds received from the sale into the Select Street Construction revenue account, and appropriating the same amount into the Select Street Construction expenditure account for future Bristol Street Improvements Project expenditures. DISCUSSION In 2011, the City purchased 918 North Bristol Street for the widening of North Bristol Street between Third Street and Civic Center Drive (Project 08- 1700). The Bristol Street property acquired by the City included an easement for parking purposes on an adjacent parcel (Exhibit 1), which was needed for its former use. The legal documentation for the easement was recorded on March 13, 2001. This section of the Bristol Street Improvement Project is now complete. The parcel at 918 North Bristol Street has become public right -of -way green space and provides aesthetic enhancements for the Bristol project. The portion of the parcel which contains the parking easement is no longer needed for the City project. Moreover, the easement cannot be developed nor does it have any independent use or development potential. The adjacent property owner at 1306 West Tenth Street, Marcella Ocampo, has approached the City to acquire the parking easement from the City. The Public Works Agency prepared an appraisal report by a licensed appraiser to determine the fair market value of the parking easement. The appraised value is $6,000, and that offer has been accepted. The recommended 20A -1 Release Remnant Easement at 918 North Bristol Street May 16, 2017 Page 2 Termination of Easement Agreement (Exhibit ownership in accordance with Section 2 -706.1 a property interest to an adjoining property competitive bidding. STRATEGIC PLAN ALIGNMENT 2) is the legal mechanism to release the City's of the Municipal Code, which provides for a sale of owner without the need for public auction or Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon execution of the termination of easement agreement, an Appropriation Adjustment will be processed recognizing $6,000 received from the sale into the Select Street Construction Fund revenue account (No. 05917002 - 57071) and appropriating the same amount into the Select Street Construction Fund expenditure account (No. 05917661- 66100) for future Bristol Street Project 11 -6741 expenditures. Ved us avipour Executive Director Public Works Agency Exhibits: 1. Location Map 2. Termination of Easement Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20A -2 01 4 REMNANT PARCEL SANTA ANA CITY COUNCIL _- rW_ AGENDA DATE: MAY 16, 2017 wa c oas .cE.c. EXHIBIT 1 SALE OF REMNANT PARCEL AT 918 N BRISTOL STREET 20A -3 PAGE 1 OF 1 -- •-------- - - - --r 10TH ST i II I I I I I--------- - - - - -- -j I I I I I I I--------- .._.. - - --j ---------------- I U ----------- - - - --i ._..._..._..�._.._J 1 OTH ST II 1 m I 9181 i i i i i i 1 1 I 1 I 1 I �---.._-- _.._ - -_ -- —•. 11 I I I 9TH ST -• 01 4 REMNANT PARCEL SANTA ANA CITY COUNCIL _- rW_ AGENDA DATE: MAY 16, 2017 wa c oas .cE.c. EXHIBIT 1 SALE OF REMNANT PARCEL AT 918 N BRISTOL STREET 20A -3 PAGE 1 OF 1 20A -4 TERMINATION OF EASEMENT (PARKING EASEMENT) RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) City of Santa Ana ) City Clerk ) 20 Civic Center Plaza ) P.O. Box 1988 ) Santa Ana, CA 92702 ) This document is exempt from a recording fee pursuant to Government Code Section 6103. TERMINATION OF EASEMENT THIS TERMINATION OF EASEMENT (Parking Easement) ( "Termination of Easement"), dated for purposes of identification only as of May _, 2017, is made by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), and Marcela M. Ocampo, an individual ( "Ocampo "). RECITALS A. City is successor in interest to Guy P. Mathys and Heidi S. Mathys, grantees under that certain Grant of Parking Easement recorded on March 13, 2001 as Document No. 143254 in the Official Records of Orange County ("Parking Easement") and attached as Exhibit A. The Parking Easement is for the benefit of the real property owned in fee by City at 918 N. Bristol Street, Santa Ana, California and designated as Assessor's Parcel No. 004 =122 =38 ( "Property "). B. Ocampo is the owner in fee of the adjoining real property commonly known as 1306 W. Tenth Street, Santa Ana, California and designated as Assessor's Parcel No. 004 -122- 32. Ocampo's property is encumbered by the Parking Easement. C. The Parking Easement is not necessary or useful to City following the completion of the phase of the Bristol Street Widening Project for which the Property was acquired by City. D. At City's direction and cost, the Parking Easement has been appraised at a value of $6;000 by a professionally credentialed appraiser. E. City and Ocampo intend by this Termination of Easement to fully terminate the Parking Easement upon City's receipt of consideration by Ocampo in the amount of $6,000. 20 it 3 NOW, THEREFORE, in consideration of the above facts and for the covenants and agreements contained herein, the Parties agree as follows: Section 1. Consideration for Termination of Easement. Within thirty (30) days of approval of this Agreement by City, Ocampo agrees to pay City, and City agrees to accept from Ocampo, as full consideration for the Termination of Easement, the total sum of Six Thousand Dollars ($6,000.00), payable in cash, by cashier's check or certified check, or by wire transfer. Section 2. Receipt of Consideration by City. Receipt of the consideration described in Section 1 is acknowledged by City on Section 3. Termination of Easement. Upon receipt of the consideration described in Section 1, the Parking Easement recorded on March 13, 2001 as Document No. 143254 in the Official Records of Orange County is hereby terminated. City and Ocampo are further released from any and all rights and obligations provided for in the Grant of Parking Easement. City shall cause this document to be recorded in the Official Records of Orange County upon receipt of the consideration described in Section 1. Section 4. Counterparts. This Termination of Easement may be executed in one or more counterparts, each of which shall constitute an original, and all of which, taken together, shall constitute one and the same Termination of Easement. Section 5. Interpretation and Governing Law. This Termination of Easement shall be construed in accordance with and governed by the laws of the State of California. IN WITNESS WHEREOF, the Parties hereto have executed this Termination of Easement as of the respective dates set forth below. OCAMPO: CITY ATTEST: Maria D. Huizar Clerk of the Council 20A -6 Date: , 2017 Date: _ , 2017 Date: 2017 APPROVED AS TO FORM: #n M. Funk Assistant City Attorney FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency 20A -7 Date: 4`1-7 2017 Date: 2017 EXHIBIT A GRANT OF PARKING EASEMENT Recorded in official Records, County of Orange Gary Granville, Clerk - Recorder t Recording Requested By 111111.1111111 111111111111111111111111112.00 Chris Mathys 20010143254 02:12pm 03113101 21151 E. Shaw Avenue 116 4 001 4 Fresno, Ca. 93710 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 Grant of Parking Easement 0q This agreement is entered into by and between Chris Mathys, an unmarried man, herein referred as the Grantor, and Guy P. Mathys and Heidi S. Mathys, husband and wife, herein --G V: 1 referred to as "Grantees ". Recitals Whereas, Grantor is the owner of certain real property in the County of Orange, City of Santa Ana, herein referred to as the "ServientTenemeni' and which is legally descn'hed as Lot 25, Tract 1262, as per map recorded in Book 39, Page 6 of Miscellaneous Maps, in the office of said County P more commonly known as 1306 West Tenth Street, attached here to andincorpomted bersm by reference; and whereas, Grantees are the owners of certain real property in the Comity of Orange, City of Santa Ana, hereinafter referred to as the Dominant Tenement and which is legally n(� described as Lot 26 of Tract # 1262 as per map recorded in Book 39, pages 6 of misc. maps in tht %'-* r office of the county recorder of said county more commonly known as 918 North Bristol Street. I.I Whereas, Grantees desire to acquire certain parking rights in the Serviem Tenement Now, therefore, It is agreed as follows: Grant of Parking Easement 1. For valuable consideration, Grantor hereby grant to Grantees an easement as hereinafter described. Character of Easement 2. The easement granted herein is appurtenant to the Dominant Tenement. Description of Easement 3. The easement granted herein is a right away for ingress and egress and the paring of cars including two regular parking spaces and one handicapped space in an area approx. 20 feet by 38 feet, six inches. Location 4.. The easement granted herein is located as follows: The description is set forth in Exhibit "A" attached hereto by reference. Exclusiveness of Easement 5. The easement granted herein Is not exclusive. Secondary Easements 6. The easement gamed herein includes incidental tights of maimeoance, repair and replacement described as follows: the Dominant Tenement shall pay all of these costs. i*:r110.30 � 20A -8 Arbitration of Disputes 7, In the event any disputes arise, they shall be decided by binding arbitration as defined by the American Arbitration Association. Entire Agreement S. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 9. This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Gunners and Grantees. In witness whereof the Grantors and Dated tan, 2.,9,L 290/ Grantor _ .n Chris Mathys Grantees Heidi Mathys .•1 _Q 20A -9 duly executed this Side of QQZ9= County OT P=M w .i On JANUARY 26, 2001 before me. MS= roams 1An u.. �ltaraaaml.ac •y..co:4n.o -,a= personally appeared CIUM XURS, cox P. NAIRYS AND NMI S. NA= • nwmia aT s� l� personally known to me - OR - ❑ proved to me on the basis of satisfactory dance to be the person(s) whose nameWis r SubsCribed to the within instrument and ac- knowledged to me that he/s' executed the same in his /here authors capacit 1 and that by his /her/ =NOTAWR HAAT signatur s on the instrument the parsons ,9297 or the tity upon behalf of which t e U V7 �) q yacied, executed the instrument. g, 2E• loot WITN S my hand an fticial seal. nMO -WrAW OPTIONAL rm ur Me dtla t oloro to nm required by law. it may pw" vNuabla to paraana 7 l*g an dM do ummt aM OMW pnvant haudulam rwOaumm of Mla form. CAPACITY CLAIMED BY SIGNER 0 INOMDUAL Q CORPORATEOFFICER rRiO r PARTNER($, C LIMITED _ C GENERAL ATi CRNE!z*FAC7 L TRUSi1:S1 GUARDIAwCCNSERVATOR 1. OTHER: ti StGNaR 13 REPRESENTING: RNaarrmltamcRarmman DESCRIPTION OF ATTACHED DOCUMENT _ MM OF PAM= I:ASM= 11TL9 OR TYPE OF DOCUMENT 9i0 NUMBER OF PAGES JANUARY 24, 2001 DATE OF DOCUMENT SIGNER($) OTHER THAN NAMED ABOVE GIM NAIMR4"a"RY ABBOMAYMN -ft" RWMa Aw. T.O. Boa 7184-C&WP Pam. G RIMO.7184 0:4:u0.3111 20A -10 r i b I \ � RA • �ooFu+ECN) APPkUVW AS TG THE VRD- 1 I 1 ,11SIONS OF CHAPTER 41;(ZO l `'t�. Gticl�tlf��r E+41LDINt� OF SANTA ANA MUNICIPAL C C _ 20N C ' la f D TE.'. CHECKED A - 5 PGA++ i I I _ �►: e o-i PC ' t- -- - •— — � F��rr�N - - - % B y1LDIN4 'ro o yan pA e _ �o� to Separefe al. ,f P ?his sell of 1 >� �i�y�' X1�fJD5csJ'6 A,RF,q ihn a^ ^rte.•: Illy �� y /fp•7 -� NILL M4 �V ��YI�D'ilO N7 /•PProva Ei u F6%ZKIN4 Kl`1�WiP -FD 3-S�yLE$ _. raKGlrJa �u- orr�<wN�e.,olmP� 3.9.Prc�S I'v -`�- -; 20W9- W' A 20A -12