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Home My WebLink AboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (21)JAN 2 �v� A • RIGHT OF ENTRY [2016 — 2020 W. Fifth Street; 2002 W. Fifth Street; and 2006 (also known as 1922) W. Fifth Street, Santa Ana, California] N-2018-091-01 The City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, does hereby grant to the Orange County Transportation Authority ("OCTA") and its agents, contractors, and consultants the right to enter the properties located at 2016-2020 W. Fifth Street, 2002 W. 5'h Street, and 2006 (also known as 1922) W. Fifth Street, Santa Ana, County of Orange, as shown in Exhibit A, attached hereto and incorporated herein by reference ("Property"), for the following purposes: The right to enter the Property for the purpose(s) of securing and maintaining the Property, conducting environmental analysis and testing, demolishing the structures and improvements on the Property, and constructing the OC Santa Ana Streetcar Project. OCTA agrees to indemnify, defend, and hold harmless City, its officers, agents, representatives, employees, and volunteers from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries, and damages to persons and property, including death, arising out of or related to OCTA's use of the Property or the entry by any OCTA party on the Property, including, without limitation, OCTA's guests, invitees, or contractors. The City has no intent to concurrently occupy or use the Property with OCTA during the term of this right of entry permit. However, should the City concurrently occupy or use the Property with OCTA during this time, the City agrees to indemnify, defend, and hold harmless OCTA, its officers, agents, representatives, employees, and volunteers from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries, and damages to persons and property, including death, arising out of the City's sole negligence and/or willful misconduct. OCTA shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of their use of the Property, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such Insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds' provisions. 1375726.1 Page 1 of 3 N-2018-091-01 The insurance requirements of this Right of Entry may be satisfied by evidence of self- insurance as provided to the City. The rights herein granted to OCTA are exclusive, and OCTA agrees not to assign, transfer, lease, pledge, or otherwise dispose of this Right of Entry without the prior express written approval of the City. This instrument conveys right of entry to existing buildings, if any. This Right of Entry shall expire on December 31, 2019, unless otherwise terminated earlier or extended by written agreement between the parties. THE CITY OF SANTA ANA A charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California. BY: r yr" Steven A. Mendoza f1 Acting City Manager Date: ATTEST'. Norma Mitre APPROVED AS TO FORM: Acting Clerk of the Council BY: 'V, �(" -f.L J n M. Funk Assistant City Attorney Date: January 15, 2019 ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity M Exgifitive Director, Capital Programs Date: Page 2 of 3 1375726.1 APPROVED AS TO FORM: General Counsel , & Smart, APC Page 3 of 3 1375726.1 Exhibit A (2002 and 2006 [also known as 1922] W. Fifth Street, Santa Ana, California) LEGAL DESCRIPTION AS TO I=� ASSESSOR PARCEL NOS 007 100 04 ANN 007 100 05 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 175.00 FEET ON THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVEZ IN DECREE OF PARTmoN OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OFJUDGMENTS OF THE 17TH JUDICIAL COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF FIFTH STREET, SAID POINT BEING THE NORTHEAST CORNER OF THE LAND FORMERLY OWNED BY WILLIAM A. HINDS, SAID POINT BEING NORTH 890 30' 00" EAST 2355.21 FEET AND NORTH 1243.44 FEET FROM THE COMMON CORNER OF SECTIONS 10, 11, 14 AND 15, TOWNSHIP 5 SOUTH, RANGE 10 WEST; TFIENCE SOUTH 253.00 FEET TO THE NORTH ZINE OF THE RIGHT OF WAY OF THE PACIFIC ELECTRIC RAILWAY; THENCE WEST 350.00 FEET ALONG SAID NORTH LINE; THENCE NORTH 250.00 FEET TO SAID CENTERLINE OF FIFTH STREET; THENCE EAST 350.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THE NORTH 30.00 FEET THEREOF APN: 007-100-04 FEE -AND- ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RENDERED IN CASE NO. 1192, AND ENTERED SEPTEMBER 12,1868 IN IN BOOR B. PAGE 410 OF JUDGMENTS OF THE 17TH JUDICIAL COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF FIFTH STREET, SAID POINT BEING THE NORTHEAST CORNER OF THE LAND FORMERLY OWNED BY WILLIAM A. HINDS, SAID POINT BEING NORTH 89° 30'00" EAST 2355,21 FEET AND NORTH 1243.44 FEET FROM THE COMMON CORNER OF SECTIONS 10, 11, 14 AND 15, TOWNSHIP 5 SOUTH, RANGE 10 WEST; THENCE SOUTH 253.00 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE PACIFIC ELECTRIC RAILWAY; EXHIBIT A, PAGE 1 OF 3 THENCE WEST 350.00 FEET ALONG SAII] NORTH LINE; THENCE NORTH 250.00 FEET TO SAID CENTER LINE OF FIFTH STREET; THENCE EAST 350.00 FEET TO THE POINT OF BEGINNING, EXCEPTING THE WEST 175.00 FEET THEREOF. ALSO EXCEPT THE NORTH 30.00 FEET THEREOF, APN! 007-100.05 EXHIBIT A, PAGE 2 OF 3 IiI 6t Zl EXHIBIT A, PAGE 3 OF 3 -soa U-soa e N4�4 ^6 1337115 ! k rvrsALvl k117YH t RI _ I tl tll Ih wl NY �C,Q= ^� 7n •v NNYWa� 4 41 I F C KO k ❑I c .n. •.rf wQ «j ly Q i �✓ I II � • }— 2133a1s Ashok R tll G �Il p k Q IN assxa°t FY. I I ^ • 1337/16 <`.'UN3SNMOlt K~K 4C4 6t Zl EXHIBIT A, PAGE 3 OF 3 Exhibit A (2016 — 2020 W. Fifth Street, Santa Ana, California) JLEGAL DrSrRrrmrnU n TO ASSESSOR PA QL NO U07 110 17 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A; THE NORTH ONE-HALF OF LOT 17 OF TRACT NO. 270 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA; AS SHOWN ON A MAP RECORDED IN BOOK 13, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: LOT 18 OF THE SOUTH ONE-HALF OF IAT 17 OF TRACT NO 270, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, RECORDED IN BOOK 13, PAGE 46 OF STATE OF CALIFORNIA, AS SHOWN ON A MAP MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 007-110-17 EXHIBIT A, PAGE 1 OF t N .I LJ EXHIBITA, PAGE 2 OF 2 n c n } , f o = t N .I LJ EXHIBITA, PAGE 2 OF 2