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HomeMy WebLinkAboutOCAMPO, MARCELA M. - 2017TERMINATION OF EASEMENT (PARKINGEASEMENT) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana CityCIerk 20 Civic Center Plaza P:O; Box 1988 ) Santa Ana, GA 92902 ) A-2017-119 Recorded in official Records, Orange County Hugh Nguyen,Clerk-Recorder NO FEE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 20170002522 9:54 am 06120117 63 413 T01 8 0.00 o.00 0.00 0.00 21.00 0.00 0.00 0.00 'lois documenl isexemptfrom a. recording fee pu seont to dovemmeot Code sect'oo41Q' a% 3 83 TERMINATION OF EASEMENT THIS TERMINATION OF EASEMENT (Parking Easement) (Termination of Easement"), dated for purposes of identification only as of May _)k, 2019, 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. Ocanpo; 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 M 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 isnot necessary orusefid 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 $6,000. Exhibit 2 '11 TERMINATION OF ;EASEMENT: (PARKING EASEM ENT) RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO6. City Of Santa Aria ) City Clerk 2Q Civic Center Plaza P.O.. Box 1988 Santa Ana, CA 92702 ) A-2017-119 This dwurnentis exempt from a recording, fee`pirsumtb Govemment Code Section 6103.: TERMINATION. N. OF EASEMENT THIS TERMINATION OF .E,ASEMENT (Parking Easement) (``Termination of Easement"); dated for purposes of identification only as of May, 217, is made by and between the City of Santa .Aria, a; charter -city and muInicipal corporation organized and existing under the. Constitution and laws of the State of California ("City"), and'.Marcela M. Ocampo, an indiv dual ("Ocaropa"}.; RECITALS A. City is successor in interest to Cuy P. Mathys and Heidi S. Mathys, raritees under that. certain Grant of Parking Easement recorded on March 13, 200;1 as Document No. 143254 in the Official Records of Orange. County ("Parking Easement'.) and attached as Exhibit A. The Parking Easement is for the benefit of the real property owned in fee by City at 919 N. Bristol Street, Santa Ana, California and designated as. Assessor's Parcel No. 004-122-3$ ("Property"). B. Ocariipo is the owner in fee of the adjoining real property conimonly 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 Ease nerit is not necessary or useful to pity 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. L City and Oeampo intend :by this Termination of Eases . ent to fully terminate the Parking Easement upon Czky's receipt of consideration by Ocwhpo in the. amount of $6,000. Exhibit 2 .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 doculnent to be recorded in. the Official Records of C=hange County upon receipt of the consideration described in Section 1. Section. 4. Counterparts. This Tennination 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. CITY lez �� Cynthia Kurtz, Interim City Manager Maria D, Huizar Clerk of the Council.. 2 Date: 0 -5 2 /.o7 12017 Date:. , 2017 Date: ,'yam , 2017 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On May 30, 2017 _ -before me, ., Rasa A. Flores, Notary Public (insert (insert name and title of the officer) personally appeared Cynthia J. Kurtz who proved to me on the basis of satisfactory evidence to be the personK whose name(.4) is4are subscribed to the within instrument and acknowledged to me that beIshe/#iey executed the same in 17Wherltheir authorized capacity(iml), and that by M,&/herltheir signature,(.$) on the instrument the person(g), or the entity upon behalf of which the person(0 acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ROSA A. FLORES ;R Commission # 2057929 M Z sad Notary Public - California a Orange county j MU Comm. Expires Feb 7, 2018 Signature- 6x.. `��'�"" (Seal) APPROVED AS TO FORM: Date: E-7 , 2017 r m M. Ful Assistant City Attorney FOR APPROVAL: Date: jd 2—A 2017 Exe' utive Director Pubtle Works Agency EXHIBIT A GRANT OF PARKING EASEMENT Recorded in official Records, County of Orange Gary Granville, Clerk -Recorder )recording Requested By IIli111111141112.00 Chris Mathys • 20010143254 02,12pm 03113101 2Q51 E. Shaw Avcnue i 1 B 4 001 4 Fresno, Ca. 93710 tt.00 o.00 om om s.00 o.00 o.00 o.00 Grant of Pwking Easement QQ This agrreemcnt is M=d into by and between Chris Mathys, an unmarried roan, herein referred as the Grantor, and Guy P. Mathys and Heidi S. Whys, husband and wife, herein referred to as "Omwees". ' V11 Recitals Whereas, Grantor is the owner of certain real property in the County of 4rauge, City of Santa Ana, herein referred to as the "Servient Tenement" and which is legally described as Lot 25, Tract 1262, as per map recorded in Book 39, Page 6 of Miscellaneous Maps, in the office of said County � more commonly known as 1306 West Tenth Street, attached here to and.ineorporated herein by ! � reference; and whereas, Grantees are the owners of certain real property in the County ofOrange , 1 City of Santa Ana, heteb4or referred to as the Dominant Teneeuumt and which is legally �.�� described as Lot 26 of Tract # 1262 as per trap recorded in Book 39, pages 6 of liaise. maps in th office of the county recorder of said county more commonly known as 918 North Bristol Street, Whereas, Grantees desire to acquire certain parking rights in the Servient Tenement Now, therefore, it is agreed as follows; Grant of Parking Easement 1. For valuable consideration, Gr4lor hereby grant to Grantees an casement as hereinafter described. Character of Easement 2. The easement granted herein is appurtenant to the Dominant Tenement. Description of Easement 3. The c=mcnt granted herein is a right away for ingress arta egress and the patiung of can including two regular parking spaces and one handicapper) space i?r an area approx, 20 feel by 38 feet, six inches. Location a.. The easement greened 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 Basements 6. The easement granted hem -in includes incidental rights of maintenance, repair and replacement described as follows; the Domi=d Tenement shall pay all of these costs. EXHIBIT A Arbitration of Disputes 7. In the event any disputes arise, they shall be decided by binang arbitration as ddned by the Ainerican Arbitration Association. Entire Agmement S. This instrument contains the entire agreement between the parties relating to the rights hereat granted and the obligations herein assumed. Any oral represetitations or modifications concerning this instrument shall be of no force and effect oxcepting a subsequent modifications coamming this inslnmtent shall be of no force arW etfW excepting a subsequent modification in writing, signed by the party to be charged. 9. This instrmmeut shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantors and Grantees, In witness whereof the Grantors and Cnrantees have duly executed this agreement, Anted t�c�P10 Z,'14 / J Grantor 041,11 Chris Mathys Grantees Ma Heidi Mathys EXHIBIT A surae of Courny at an JANVAO 26, 2001 before me, "tM 10co RT 3Arx •rte "rLd Opb�r.m9. ll vr. 'tiara[ roW .avr . , personally speared CMUs HAMS, GW P. NaffS AM 0=1 8, > kTm � aae Ii personally known to me a OR - C proved to me on the basis at satisfactory � to be the persona) whose nam is ! 1114 KRISTI LOCKHART �+ NOTARY URK CAUFgG t,� Ul kgina, Ctaunty rs tly Carom. F�041 Aub. p®, 2N1 r subscribed to the within Instrument and eo• knowledged to me that hell exscuted the same in his/her authorizgd capacit f , and that by his/her/ signatur a on the Instrument the persons , or the tlty upon behalf of v�rhich t a persoeq�acted, executed the instrument. OPTIONAL Tis*V the data bfaw Is = nmWred by lace. it rreay pram vwusbio to miam relying ors the do�us�rtt &M oauid preusrat fr wagon mW ar"M ®f ttata norm. CAPACITY CLAIMED BY SIGNEFl C CORPORATE OFFICER mea r PARTNCR($) �^^ UMET'M _ � CsE.Ntr�At, ATTOAI4Ee—A-FACT C TRUS, =-S" GUAF0LA1WCC+I5EAVATCR OTHF-2t: ;w small is R9PRSSV NG. NAWQPPVA0PMCpVMrYM DESCRIPTION OF ATTTACmEll QCCUMENT mum OF pAMCM..8A5 TITLE OR TYPE OF COCUMFNT� �o NUMBE.F OF PAGES JMNUAU 24, 2D01 ®ATE OF OOCCiMENT EIGNERM QTHE.9 THAN !NAMED ASOVE CIM NArONAa..WMARY A830=,►MN • d=s llemmq Aw„ A.O. So naafi • C4ara6a Paarw Cot RIMO-7104 EXHIBIT A APPkUVW At� TO v(sirms 01F CHAMP 41; CZ© I OF SAr4'rA ANA MUNIGIPAL Cilig ' Z 0 N L[),4T E. 7f�P e CHF rIKFn r zd-oa- ---- .- l9t AAAA 7�L, �-- W- -- Approve Piz r. -S EXHIBIT A