2022-009 - Deed of Release for the Portion of Centennial Park called "Exchange Property"

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SCHEDULE 3 Form of the Declaration of Restrictions GSA No Z-Calif-598B,C&D This Declaration of Restrictions is made by and between the City of Santa Ana, a municipal corporation ("Grantor"), and the UNITED STATES OF AMERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior ("Grantee"), pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act"), and regulations and orders promulgated thereunder. Recitals: A. Grantor is the owner of [acres] of real property known as the [site name] and located at [location], within the corporate limits of the City of Santa. Ana, as more fully described on Schedule 2 (the "Replacement Property [#]"). For convenience, Replacement Property [#] shall be referred to in the remainder of this document as the "Replacement Property." B. This Declaration of Restrictions is made in consideration of the Deed of Release dated of even date herewith between Grantee and Grantor relative to 2.42-acres of real property, more or less, located at Centennial Park, and more filly described on Schedule 1. C. Grantor has agreed to impose on the Replacement Property, for the benefit of Grantee and its successors and assigns, restrictive covenants to ensure that the Replacement Property will be permanently used solely for park and recreational purposes. Aareemeut: NOW THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare, covenant, and agree, for itself and its successors and assigns, that the said Replacement Property shall hereafter and perpetually be held and conveyed subject to the following conditions and restrictions, to -wit: L The Replacement Property shall be used and maintained exclusively for public park and recreational purposes in perpetuity as set forth in the program of utilization and plan contained in Grantor's Environmental Assessment, Project Description (EA § 1.2.3), dated January 2020, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other petty, and such amendments will be added to and become a part of the original application (the "Program of Utilization"). 2. The Grantor shall, within 6 months of the state of this Declaration of Restrictions, erect and maintain a permanent sign or marker near the point of principal access to the Replacement Property indicating that the Replacement Property is a park or recreation area and has been acquired in substitution for property acquired hour the Federal Government through the Centemual Park / GSA Ns Z-Calif-59813,C&D Page 14 of 22 Deed of Release