Loading...
HomeMy WebLinkAboutCITY PLACE MAINTENANCE CORPORATIONa/� Recorded in Official Records, Orange County Recording Requested by and when Hugh Nguyen, Clerk -Recorder Recorded Mail to: IIIIIIIIIIII�IIIII�III�I�I� NO FEE CITY OF SANTA ANA *$ R 0 0 1 0 2 4 3 0 8 4$ 20 Civic Center Plaza ,M-30 20180002720012:33 pm 07125118 P. O. Box 1988 93 414 E01 Al2 10 Santa Ana, CA 92702 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00 Exempt from Fee --Public Agency (Government Code Section 27383) / XL 2 5 2018 SPACE ABOVE FOR RECORDERS USE ONLY { (�Pa3,.VWAO) --I� 861`7 �✓1 EASEMENT DEED AND AGREEMENT N-2018-149 Water Meter Vault at West Side of Lawson Way North of Memory Lane FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, CITY PLACE MAINTENANCE CORPORATION, a California nonprofit mutual benefit corporation ("Grantor"), hereby GRANTS AND CONVEYS to the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California (the "Grantee"), and its successors and assigns, a perpetual, non-exclusive easement and right-of-way to install, construct, reconstruct, remove and replace, inspect, maintain, and operate a below grade water meter, vault and appurtenances, fencing, gates, and locks ("Meter Site") in, on, along, and under the real property situated in the City of Santa Ana, County of Orange, State of California (collectively, the "Easement Area") and ingress to and egress from the Easement Area from the closest public right-of-way, all more particularly described in Exhibits "A" and shown in Exhibit `B," which exhibits are attached hereto and made a part hereof ("Easement"). The rights being granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by Grantee or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, repairing, using and operating the Meter Site, including without limitation the reading or water consumption. It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns that the rights granted herein are subject to and limited by the following: Reservation: The easement and right-of-way granted herein are subject to the rights of Grantor, its successors, and assigns to use the surface of the land within the boundaries of the Easement Area in any and all ways not inconsistent with the non-exclusive rights granted hereby; provided, however, that no improvements shall be constructed, placed, or permitted within, upon, under, or above the Easement Area until such construction and/or maintenance plans have first been approved in writing by Grantee and any applicable permits have been obtained from Grantee after payment of normal processing fees. Grantor agrees that it shall not grant any surface, subsurface, or aerial rights in the Easement Area as will unreasonably interfere with or prohibit the use by Grantee of the rights and Easement granted herein. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted to Grantee. Maintenance/Repairs: All improvements owned, constructed, placed, or permitted within, upon, under, or above the Easement Area by Grantor shall be operated and maintained at no cost to Grantee, and Grantor shall maintain such improvements in a good state of repair. Grantee shall promptly, at its sole cost, repair any damage exceeding normal wear and tear caused by Grantee to the Easement Area. Such repair shall be to approximately the same condition as existed immediately prior to the occurrence of such damage. Grantor shall otherwise maintain the Easement Area. Hold Harmless: Grantee shall indemnify and hold Grantor, its officers, directors, employees, and representatives harmless from and against any and all actions, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity arising out of or in connection with this Easement, the Meter Site, the operations carried on by Grantee on the Easement Area, or the occupation or use of the Easement Area by Grantee (collectively, "Claims"), excluding Claims caused by the negligence or willful misconduct of Grantor. Taxes: Grantor and Grantee agree that this Easement may create a possessory property interest which is subject to property taxation, in which event the party in whom such interest is vested may be subject to and shall pay such property taxes. Insurance: Grantor and Grantee must each obtain and keep in full force and effect at all times, corrunercial general liability insurance covering public liability for personal injury, death or property damage, arising out of each party's respective use, maintenance, repair or replacement of the Easement Area (including improvements thereupon), in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Grantee must obtain and keep in full force and effect at 2 all times, commercial general liability insurance covering public liability for personal injury, death or property damage, arising out of the Meter Site, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Each insured party will deliver to the other party to this Easement certificates, endorsements and any other reasonable documentation of insurance, including evidence of self insurance, evidencing the existence of the policies, which must name the other party to tlnis Easement as an additional insured. On behalf of thein respective insurance companies insiuing their respective property against any loss, each party waives any right of subrogation that it may have against the other party. Each party is responsible for the payment and costs associated with their insurance obligations set forth herein. Hazardous or Toxic Materials: Nothing in this Easement is intended, nor shall anything in this Easement be construed, to transfer to Grantee or its successors or assigns, or to relieve Grantor or its successors or assigns or predecessors in title of, any responsibility or liability that Grantor or its successors or assigns or predecessors in title now has, has had, or comes to have with respect to hurnan health or the environment, including without limitation responsibility or liability relating to hazardous or toxic substances or materials, unless the condition or material was caused by or arises out of the installation, construction, use, maintenance or operation of the Meter Site. Notices: Any notice, payment or instrument required or permitted to be given or delivered by this Easement may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantee: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Cleric of the Council If to Grantor: City Place Maintenance Corporation c/o The Management Trust 15661 Red Hill Avenue, Suite 201 Tustin, CA 92780 Attn: Amethyst Schy or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository. Warranty of Authority: Each officer of Grantor and Grantee affixing his or her signature to 3 this Easement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity, and authority to enter into this Easement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. Headings: The titles and headings of Sections and Paragraphs of this Easement, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Easement, or to control, limit or modify any of the terms, covenants or conditions hereof. Integration, Construction and Amendment: This Easement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Easement shall be construed and interpreted with, and shall be governed and enforced in all respects according to, the laws of the State of California and as if drafted by both Grantor and Grantee. No amendment, change, or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Easement, signed by all of the parties hereto. Successors: This Easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives, successors, and assigns. Partial Invalidity: If any term, covenant, condition, or provision of this Easement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in fall force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition, or provision contained in this Easement. Attorneys' Fees: Should any legal enforcement action be commenced between the Parties hereto concerning their respective rights hereunder, the party prevailing in such legal enforcement action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and actual expenses incurred in such action which shall be determined by the Court in such a litigation or in separate action brought for that purpose. Further Assurances: Each of the Parties hereto shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 4 N-2018-149 GRANTOR CITY PL MAINTENANCE CORPORATION B By: Title: V � P. Date: 5(;?-� i GRANTEE CITY OF SANTA VA Title: Date:' APPROVED AS TO FORM APPROVED AS TO FORM Counsel for City Place Maintenance Corporation Sonia R. Carvalho, City Attorney By: ��' By: John Funk Assistant City Attorney ATTEST , Fuad S. Sweiss,E, PLS By; Executive Direc r Maria D. Huizar Public Works Ag ncy Clerk of the Council 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 July 24, 2018 before me, Rosa A. Flores . Notary Public (insert name and title of the officer) personally appeared Raul Godinez il, who proved tome on the basis of satisfactory evidence to be the personX whose names) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/tre#thheir authorized capacity(it# and that by his/HtffAheir signature(s,) on the instrument the person((, or the entity upon behalf of which the person,(.aj'acted, executed the instrument. I 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. r.kwa. ROSA A, FLORES Notary Public -California Orange County Commission k 2228450 My Comm, Expires Feb 7, 2022 Signature < '� f/i ' '� I f� (Seal) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Public Utility;rasement APN 041-215-10 N-2018-149 In the City of Santa Ana, County of Orange, State of California, being a strip of land 15.00 feet wide over that portion of Lot 3 of Tract Map No. 16565, as per the map filed in Boole 872, Pages 32 through 38, inclusive, of Miscellaneous Maps, Records of said County, lying 7.50 on each side of the following described line: Commencing at the southerly terminus of that certain course shown as having a bearing of North 02'13'16" East and a length of 265,82 feet in the easterly line of said Lot 3; thence North 02° 13'16" East 228.91 feet along said certain course to the True Point of Beginning; thence leaving said course, North 87°46'44" West 8.50 feet. Contairvng 128 square feet. See Exhibit `B' attached hereto and made a part hereof. Prepared under the direction of: i t t Peter J. Fitzpatric c, PLS 6777 Date M:\2LEG020102\SURVEY\L.1,GALS\2LE0020102 PUL Easement.doo 12/14/2016 Page I of I N-2018-149 EXHIBIT 'B' 80' EXISTING II 40' I 40' W RIGHT OF WAY--�I N I 0 10' 2D' N87.46'44"W 8.50' TRUE POINT SCALE: 1" = 20' O r OF BEGINNING NO bl N N LJ C, K r N C) EXISTING cli APN 041-215-10 z RIGHT OF WAY ZI rrJll\0-r N0. -1666-5 �I NUM. 8-12 > `3r2-'3181 POINT OF o COMMENCEMENT Z y C O 7 EXISTING O RIGHT OF WAY J I 01 17 E_Memory_Ln DESCRIPTION PORTION OF LOT 3, TRACT NO. 16565, M.M. 872/32-36, RECORDS OF ORANGE COUNTY, CALIFORNIA. PUBLIC UTILITY EASEMENT TO CITY OF SANTA ANA LEGEND: — — CENTERLINE EXISTING RIGHT—OF—WAY ----- TIE LINE ® PROPOSED EASEMENT CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA P S® M A S 3 Hinton Center Drive, Suite 200 Santo Ana, Coll/ornlc 02707 (714) 751-7373 www.psumou.com SHEET 1 OF 1 SCALE: 1" = 20' DRAFTED: FD CHECKED: PJF DATE: 12/12/16 JOB NO.: 2LE0020102 �ALIIFORAIIA ALL-PIRPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Californi ) County of ' / ) On �2 J cP"0) before me, Date /� . ._ personally appeared Name and Title of the Name(s) di Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public • Cflifornia Los Angeles County Commission # 2195547 My Comm. Expires May 5, 2021 Place Notary Seal Above I 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. Signature .3 A.,) Sig , ature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docurnent. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 � ro* fir y# �5 CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :< <.< a<...<....<.w:..a�.<!<.<.o�.r•�•r.<:.— - ..:%r.✓auasr.•<r-.<��•e �..<.r..<.a e cc!r..— -.« �<r.,:<;af: �<!a..ee..e �•�s.<::�..�e�<. 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 n ) {c On 41before me, a�UAt Date Her sert amejand Titles the Officer personally appeared 6�, � "jl(C I0 a(( tri ( w who proved to me on the basis of satisfactory evidence to be the person whose name(q) Is s,uu��scr bed to the within instrument and acknow ged to me that =executed the sa a in [�is�herAftr authorized capacity" and that by Is/ erlttTGTsignature`M on the instrument the personoo, o the entity upon behalf of which the person( a ed, executed the instrument. SHIRLEYK11A COMM. #2107637 z Notary public •California z orange County MY Camm• D fres A r.19, 2019 I 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. Signature— SigaeturNotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document rry�pp,, Title or Type of Docu nt: Cfl.St?(y�ohl ard c � a Number of Pages: Signers) Other Than Named Above: Date: t� 16 Capacity(es) Claimed Icy Sig er s) Signer's Name: .S� A I {}� gner's Name: Corporate Officer — Title(s): y Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other. ❑ Other: Signer Is Representing;, gigner Is Representing: ©2014 National NotaryAssociation - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 s. COTC PROCESSING FORMZ�o C Agreements /Amendments/ Deeds TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: Public Works PROJECT MANAGER: Ehab Elias MAIL STOP: M-93 EXT.: 5627 AGREEMENT NUMBER (if amendment): A / N AMENDMENT NUMBER (if applicable): ❑ IST ❑ 2ND F—] 3RD ❑ NAME OF CONSULTANT / PARTY: City Place Maintenance Corporation N- D AMOUNT: ❑ * OVER $25,000 — (A) ❑ *UP TO $25,000 - (N) Note: If your agreement with , ­a ' "p� clor eliteeds $25,000 within a Fiscal Year, then you will need ta,DItta�'p Council d,t_ Approval. �L !P \ ❑ 1) NOT approved by council. _ ❑ 2) Approved by council. ] 1 COUNCIL APPROVAL DATE: ITEM #: TERM OF AGREEMENT- EFFECTIVE DATE: TERMINATION DATE: SIGNATURES REQUIRED: ❑ VENDOR ❑ AGENCY ❑ CITY ATTORNEY ❑ OTHER (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: ❑ YES ❑ NO (Provide City Attorney Office approval) ❑ AUTO ❑ CGL (Commercial General Liability) ❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION COMMENTS: Utility Easement Deed at City Place (APN: 041-215-10) FOR CLERK OFFICE USE ONLY/: ADDITIONAL REMA S QV * Charter amendment effective DAmber 21, 2006 for City 1:1AgreementsVorm-AGREEMENT PROCESSING FORM_canary.doc Revised: 1/17/2012 Needs Council Approval Missing Signatures Other contract authority increase; NS -2717