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ORANGE COUNTY TRANSPORTATION AUTHORITY <br />RIGHT OF WAY CONTRACT <br />OC STREETCAR PROJECT <br />1922 (also known as 2006) & 2002 W. Fifth Street, <br />Santa Ana, CA 92703 <br />Property Address <br />CONFIDENTIAL <br />This document contains personal <br />information, and pursuant to Civil Code <br />section 1798.21, it shall be kept confidential <br />in order to protect against unauthorized <br />disclosure. <br />OCS-002 & -003 <br />Parcel No(s) <br />007-100-04 & -05 <br />APN(s) <br />08026700 -920 -CMM <br />& 08026701 -920 -CMM <br />Escrow No. Title Order No. <br />RIGHT-OF-WAY CONTRACT <br />Valdivia Family Trust/Rudy Valdivia (Trustee) ("Grantor"), owns the real property located at 1922 (also <br />known as 2006) & 2002 W. Fifth Street, Santa Ana, CA 92703 in the County of Orange, Assessor <br />Parcel Numbers 007-100-04 and 007-100-05 (collectively, the "Property"). The Property is needed for <br />construction of the OC Streetcar Project, a modern streetcar system connecting the Santa Ana <br />Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden <br />Grove (the "Project"). Document No. OCS-002/OCS-003 in the form of a Grant Deed attached hereto <br />as Exhibit "1" covering the property interests as described and depicted in Exhibits "A" and "B" attached <br />to said Grant Deed (collectively, the "Property Interests") has been executed and delivered to, Phillip <br />Bonina, Right -of -Way Agent for Paragon Partners Ltd., agent for the Orange County Transportation <br />Authority ("OCTA"). <br />In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as <br />follows: <br />(A) The parties have herein set forth the whole of their agreement ("Agreement"). The <br />performance of this Agreement constitutes the entire consideration and shall relieve <br />OCTA of all further obligations or claims on this account, or on account of the location, <br />grade or construction of the proposed public improvement. <br />(B) OCTA requires the Property Interests for the Project, a public use for which OCTA has <br />the authority to exercise the power of eminent domain. <br />(C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in <br />determining the compensation for the Property Interests by eminent domain litigation. <br />The compensation set forth herein for the Property Interests is in compromise and <br />settlement, in lieu of such litigation. <br />(D) It is agreed that OCTA shall open an escrow in accordance with this Agreement at <br />Commonwealth Land Title Insurance Company (Escrow Agent). This Agreement <br />constitutes the joint escrow instructions of OCTA and Grantor, and Escrow Agent to <br />whom these instructions are delivered is hereby empowered to act under this <br />Agreement. The parties hereto agree to perform all acts reasonably necessary to close <br />this escrow within sixty (60) days following the opening of escrow. <br />2. (A) OCTA shall pay the undersigned Grantor the sum of Two Million Two Hundred Thirty - <br />Nine Thousand Dollars and Zero Cents ($2,239,000.00) for the Property Interests when <br />title to said Property Interests vests in OCTA free and clear of all liens, deeds of trusts, <br />