HomeMy WebLinkAbout2022-009 - Deed of Release for the Portion of Centennial Park called "Exchange Property"LR 211122
RESOLUTION NO, 2022-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING THE DEED OF RELEASE FOR
THE PORTION OF CENTENNIAL PARK CALLED THE
"EXCHANGE PROPERTY"
WHEREAS, the City of Santa Ana was deeded land from the federal government
which has been utilized for Centennial Park and that land had restrictions that the land
could only be used for public recreation or public park purposes; and
WHEREAS, the Rancho Santiago Community College District ("RSCCD") and the
City have entered into a lease regarding a 2.42 acre portion of the land in Centennial Park
upon which the RSCCD Education Center sits, contingent on National Park Service
("NPS") approval of a land exchange to remove the public recreation or public park
restrictions from the portion of Centennial Park where the Education Center is located
("Exchange Property") and apply those restrictions to three new City parks (Raitt/Myrtle
Park, 6th street and Lacy Street Park, and Pacific Electric Park) instead ('land
exchange"); and
WHEREAS, the NPS has agreed to the land exchange and now the City and NPS need
to complete the paperwork to release the public recreation or public park purposes
restrictions from the Exchange Property and apply the public recreation or public park
purposes restrictions to the three Replacement Properties (Raitt/Myrtle Park, 6th Street
and Lacy Street Park, and Pacific Electric Park).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. This Resolution will hereby certify that the Deed of Release for the
portion of Centennial Park designated as the Exchange Property conveyed by the Deed
of Release dated February 1, 2022 or shortly thereafter between the City of Santa Ana,
a municipal corporation as Grantee, and the United States of America, acting by and
through the Regional Director, Pacific West Region, National Park Service, U.S.
Department of Interior, Grantor, is hereby accepted by order of the City Council of the
City of Santa Ana, on February 1, 2022, pursuant to authority conferred by this Resolution
of the City Council of the City of Santa Ana adopted on February 1, 2022, and the Grantee
consents to recordation thereof by its duly authorized officer, the City Manager.
Section 2. Attached as Exhibit "1" to this Resolution is a final draft of the
Declaration of Restrictions from the NPS.
Section 3. The City Council of the City of Santa Ana also hereby delegates to
the City Manager the authority to sign any additional paperwork necessary to complete
the Deed of Release for the Exchange Property.
Resolution No. 2022-009
Page 1 of 2
LR 2/1122
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 1st day of February, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: �ha1���v v- •-41Ly1/\
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Hernandez Lopez. Mendoza, Penaloza,
Bacerra Sarmiento (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Phan (1)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2022-009 to be the original resolution adopted by the City Council of the
City of Santa Ana on February 1, 2022.
Date: a - 7 -dC&Q
Resolution No. 2022-009
Page 2 of 2
D
Daisy'Gomez
Clerk of the Council
City of Santa Ana
Recording requested b}':
When recorded mail to:
USE
Centennial Park, Santa Ana, California
Former F.C.C. Monitoring Station Santa Ana, Portion
GSA No Z-Calif-598-B,C and D
DEED OF RELEASE
This Deed of Release (this "Release") is from THE UNITED STATES OF AMERICA, acting by and
through the undersigned Regional Director, Pacific West Region, National Park Service, under and pursuant
to the power and authority contained in the provisions of the Federal Property and Administrative Services
Act of 1949 (63 Stat. 377), as amended (the "Act'), and regulations and orders promulgated thereunder
(hereinafter designated "Grantor"), to City of Santa Ana ("Grantee"), and its assigns.
Recitals:
A. Grantor conveyed to Grantee, pursuant to authority delegated by the Secretary of the U.S.
Department of the Interior, and as authorized by the Act and regulations and orders promulgated thereunder,
83.62 acres of real property, more or less, located in Santa Ana, County of Orange, California (the "Park
Property"), consisting of 21.65 acres as more fully described in the Quitclaim Deed dated June 30, 1977,
and recorded in Official Records Book 12326, at Pages 1194 - 1199, together with a portion of land
described in a deed dated June 1,1969 for approximately 60.52 acres filed in Book 9037, pages 694 through
698 of Deeds, records of said County, together with a portion of land described in a deed for 1.43 acres of
real property, more or less, as more fully described in the Quitclaim Deed dated and recorded
in Official Records Book , at Pages , filed as instrument number
, Recorder's Office, Orange County, California (the "Quitclaim Deeds").
B. The Park Property was conveyed to Grantee upon the express condition that the Park Property was
to be used exclusively for public park and recreational purposes and certain restrictions were expressly set
forth as paragraphs 1 through 8 of the 1977 Quitclaim Deed and paragraphs 1 through 5 of the 1969
Quitclaim Deed and paragraphs 1 through 14 of the Quitclaim Deed (collectively, the
"Restrictions").
C. Subsequent to the said conveyance of Park Property, Grantee allowed construction of a community
college on a portion of the Park Property, consisting of a tract of approximately 2.42 acres, as more fully
described on Schedule 1 attached hereto and made a part hereof (the "Exchange Property"), and seeks to
obtain a release of the said condition that the Exchange Property was to be used exclusively for public park
and recreation purposes, in exchange for which Grantee would acquire other real property, as more fully
described in Schedule 2 attached hereto and made a part hereof, consisting of 3 properties known as
Replacement Property 1) Raitt-Myrtle St Park, encompassing 1.09 acres more or less of real property and
located at the intersection of Raitt and Myrtle Streets, Replacement Property 2) 61s and Lacy St. Park
encompassing 0.42 acres more or less , and located at the comer of 6m Street and Lacey Street, and
Centennial Park / GSA Ne Z-Calif-598B,C&D Paae 1 of 22
Deed of Release
Replacement Property 3) the Pacific Electric Park site encompassing 1.25-acres more or less, and located
at the northeast comer of the intersection of McFadden Avenue and Orange Avenue, (collectively the
"Replacement Properties") and would impose a condition that the Replacement Properties be used
exclusively for public park and recreation purposes, as required pursuant to the Act.
D. Grantor and Grantee wish to make the Replacement Properties available to be used exclusively for
public park and recreation purposes.
E. The Act authorizes the Secretary of the Interior to release the Exchange Property from the
Restrictions if certain conditions are met, which authority has been redelegated to the Director of the
National Park Service and the Regional Directors of the National Park Service.
F. The General Services Administration has advised the National Park Service by letter dated July 12,
2021, that it concurs with releasing all Restrictions set forth in the Quitclaim Deeds placed upon the
Exchange Property for public park and recreational purposes.
NOW, THEREFORE, the said Regional Director, acting on behalf of the United States of America,
does hereby release the Exchange Property from all Restrictions placed upon it in the Quitclaim Deeds,
including, without limitation, the requirement that the Exchange Property be used exclusively for public
park and recreational purposes. This Release does not affect, and the Exchange Property remains subject to,
all legal easements, leases, agreements, rights -of -way, and other restrictions.
All Park Property conveyed in the original Quitclaim Deeds that is not included in the Exchange
Property remains subject to the Restrictions in the Quitclaim Deeds, including but not limited to the
requirement that it be used for public park and recreation area purposes in perpetuity. This Deed of Release
does not convey any right of exclusive use of any areas, including but not limited to parking areas, outside
the Exchange Property.
In consideration of the release of the Exchange Property from the Restrictions, Grantee has on this
same day entered into a Declaration of Restrictions for each of the three Replacement Properties with the
United States of America, acting by and through the Secretary of the Interior, whereby Grantee will pledge
certain rights and interests in the Replacement Properties to the United States of America, acting by and
through the Secretary of the Interior. The form of the Declaration of Restrictions is attached as Schedule 3
to this Release.
Remainder ofpage intentionally left blank
Centeimial Park / GSA Ne Z-Calif-598B,C&D Page 2 of 22
Deed of Release
IN WITNESS WHEREOF, the Grantor has caused this Deed or Release to be executed in its name
and on its behalf on this the day of 2021.
UNITED STATES OF AMERICA
Acting by and dirough the Secretary of the Interior
By:
Cindy Orlando
Acting Regional Director
National Park Service
ACKNowLEDGEMENT
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 )
) ss.
County of San Francisco )
On before me,
personally appeared _ , who proved to me on
the basis of satisfactory evidence to be the persou(s) whose name(s) is/are subscribed to the
within instrument, and aclatowledged to me that he/she/they executed the same his/her/their
authorized capacity(ies), and that by Iris/her/their signature(s) on the instrument the persou(s) or
the entity upon behalf of which the persou(s) 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.
UK"
(Signature of Notary Public)
Centennial Park / GSA No Z-Calif-59813,C&D
Deed of Release
Page 3 of 22
The foregoing conveyance is hereby accepted, and the undersigned agrees, by this acceptance, to assume
and be bound by all the obligations, conditions, covenants and agreements therein contained.
City of Santa Ana, California
LO
Date
ACKNowLEDGEII 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 thetntthfalness accuracy,or validity of that document.
State of California
County of
on before me,
personally appeared 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 aclanowledged to me that ire/she/they executed the same his/her/their
authorized capacity(ies), and that by his/her/their siguature(s) on the instnlnment the persons) or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY turder the laws of the State of California that the
foregoing paragraph is blue and correct.
WITNESS, my hand and official seal.
SEAL:
(Signature of Notary Public)
Centemrial Park / GSA Ns Z-Calif-598B,C&D Page 4 of 22
Deed of Release
SCHEDULEI
Exchamee Property
In the City of Santa Ana, County of Orange, State of California, being a portion of land, described in a
deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the County Recorder of
said County, and shown on map, filed in Book 85, page 28 of Record of Surveys, records of said County,
together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds,
records of said County, together with a portion of land described in a deed filed as instrument number
records of said County, described as a whole as follows:
Commencing at Westerly terminus of that certain course shown as North 88150' 00" East, 1020.05 feet,
in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as
shown on said map;
Thence, South 11 10' 00" East, 52.00 feet to the Northwest comer of said Deed filed in Book 12326,
pages 1194 through 1199;
Thence, South 10 10' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of
Beginning;
Thence North 88150' 00" East, 242.53 feet:
Thence South 10 10' 00" East, 16.82 feet;
Thence South 41 ° 54' 23" East, 5 8.24 feet:
Thence North 88" 50' 00" East, 199.08 feet;
Thence South 11 10' 00" East, 89.92 feet;
Thence South 880 50' 00" West. 96.56 feet:
Thence South 1° 10' 00" East, 68.26 feet:
Thence South 88150' 00" West, 90.21 feet;
Thence South 58' 1 P 54" West, 84.07 feet;
Thence South 88150' 00" West, 84.35 feet:
Thence North 1°10' 00" West, 13.76 feet;
Thence South 88150' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed;
Thence South 88150' 00" West, 43.97 feet;
Thence North 11 10' 00" West. 132.19 feet;
Thence North 88150' 00" East, 5.98 feet;
Thence North 1 ° 10' 00" West, 32.85 feet;
Thence North 451 22'35" West, 25.45 feet;
Thence North F 10' 00" West, 64.92 feet;
Thence North 88' 50' 00" East, 55.74 feet to the Point of Beginning.
Containing 2.42 acres more or less.
Centennial Park / GSA Ns Z-Cafif-598B,C&D Page 5 of 22
Deed of Release
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Centennial Park / GSA Ne Z-Calif-598B,C&D Page 6 of 22
Deed of Release
SCHEDULE 2
Replacement Properties
Replacement Property 1- Raitt-Myrtle Site
All that certain real property situated in the County of Orange, State of California, described as follows:
PARCEL 1: APN: 007-273-12
BEGINNING AT A POINT 1232 FEET SOUTH OF A POINT IN THE CENTER OF FIRST STREET,
WHICH IS 1942 FEET WESTERLY FROM THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14,
IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; RUNNING
THENCE WESTERLY PARALLEL WITH THE CENTER LINE OF FIRST STREET, 443.4 FEET TO THE
EASTERLY LINE OF ARTESIA STREET;
THENCE NORTHERLY ALONG SAID EASTERLY LINE OF ARTESIA STREET 44 FEET TO THE
SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO PAUL W. LADIGES AND WIFE, BY
DEED DATED DECEMBER 18, 1922 AND RECORDED IN BOOK 451 PAGE 70 OF DEEDS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO
LADIGES, 443.4 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY;
THENCE SOUTH 44 FEET TO THE POINT OF BEGINNING.
PARCEL 2: APN: 007-273-14
BEGINNING AT A POINT IN THE CENTER OF FIRST STREET, 1942 FEET WEST OF THE
NORTHEAST CORNER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B. AND M.,
AND RUNNING THENCE SOUTH 1320 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 1 OF
THE SEPULVEDA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS,
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA;
THENCE WEST ALONG SAID SOUTH LINE 443.4 FEET, MORE OR LESS, TO THE EAST LINE OF
ARTESIS STREET;
THENCE NORTH ALONG SAID EAST LINES 1320 FEET, MORE OR LESS, TO THE CENTER LINE OF
WEST FIRST STREET, AND
THENCE EAST 443A FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 1232 FEET THEREOF.
Centennial Park / GSA Ns Z-Calif-598B,C&D Page 7 of 22
Deed of Release
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Centennial Park / GSA Ns Z-Calif-598E3,C&D Page R of 22
Deed of Release
Replacement Property 2 - Oh/Lacy Park Site
[from title report]
The land referred to herein is situated in the State of California, County of Orange, described
as follows:
LOT 8, BLOCK 10, FRUIT ADDITION TO SANTA ANA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 10, PAGE 34, MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
APN: 398-334-03
LOT 7 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANTA ANA", IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, ST A TIE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 10 PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
APN: 398-334-04
LOT 6 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANT A ANA", AS SHOWN ON A
MAP RECORDED IN BOOK 10, PAGE 34 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
APN: 398-334-05
Centennial Park / GSA N2 Z-Calif-598B,C&D Page 9 of 22
Deed of Release
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Centeluual Park! GSA Ns Z•Calif-598B,C&D Page 10 of 22
Deed of Release
Replacement Property 3 - McFadden-Oranee/ Electric Park Site
All that certain real property situated in the County of Orange, State of California, described as follows
PARCEL A: ASSESSOR'S PARCEL NUMBER: 011-065-20
LOTS 10 AND 11 IN BLOCK "B" OF TRACT NO.227, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
PARCEL B: ASSESSOR'S PARCEL NUMBER: 011-065-21
LOT 12, BLOCK "B" OF TRACT NO. 227, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 21 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C: ASSESSOR'S PARCEL NUMBER: 011-065-22
THE WEST 50 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-W ILSON TRACT, IN THE
CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING ON THE NORTH LINE OF MC FADDEN STREET, SAID NORTH LINE BEING THE
SOUTH LINE OF LOT 2 OF THE MC FADDEN-WILSON TRACT, AS PER MAP THEREOF RECORDED
IN BOOK 21, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE STRIP OF LAND CONVEYED TO
H.E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE 219 OF DEEDS,
RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, AND RUNNING THENCE NORTH 175 FEET;
THENCE WEST 260 FEET;
THENCE SOUTH 175 FEET; THENCE EAST 260 FEET TO THE POINT OF BEGINNING.
PARCEL D: ASSESSOR'S PARCEL NUMBER: 011-065-23
THE EAST 80.00 FEET OF THE WEST 130.00 FEET OF THAT PORTION OF LOT 2 OF THE
MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 91 OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH
LINE OF SAID LOT 2, AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE STRIP OF
LAND CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED IN BOOK 159, PAGE
219 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 175.00 FEET;
THENCE WEST 260.00 FEET; THENCE SOUTH 175.00 FEET; THENCE EAST 260.00 FEET TO THE
POINT OF BEGINNING.
PARCEL E: ASSESSOR'S PARCEL NUMBER: 011-065-24
THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN CN A MAP RECORDED IN BOOK 21,
PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF MCFADDEN STREET, SAID NORTH LINE BEING THE SOUTH
LINE OF SAID LOT 2, AT A POINT 80.00 FEET WEST OF THE INTERSECTION OF THE WEST LINE
OF THAT CERTAIN STRIP OF LAND CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED
RECORDED IN BOOK 159, PAGE 219 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
Centennial Park / GSA Na Z-Calif-598B,C&D Page 11 of 22
Deed of Release
CONVEYED BY R. E. JOYCE AND WIFE TO ROBERT R. CALENDAR AND WIFE, BY DEED
RECORDED IN BOOK 432, PAGE 67 OF SAID DEEDS;
THENCE NORTH ON THE WEST LINE OF SAID PARCEL A DISTANCE OF 175.00 FEET TO THE
NORTHWEST CORNER THEREOF, WHICH POINT IS IN THE SOUTH LINE OF THAT CERTAIN
PARCEL OF LAND CONVEYED BY DORSEY A. HARWOOD AND WIFE TO B. L. CLAPP AND WIFE,
BY DEED RECORDED IN BOOK 372, PAGE 16 OF SAID DEEDS; THENCE WEST ON SAID SOUTH
LINE A DISTANCE OF 50.00 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF THE
AFOREMENTIONED PARCEL CONVEYED TO CALENDAR, A DISTANCE OF 175.00 FEET TO A
POINT IN THE SOUTH LINE OF SAID LOT 2 WHICH IS 50.00 FEET WEST OF THE POINT OF
BEGINNING; THENCE EAST ON SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING.
PARCEL F: ASSESSOR'S PARCEL NUMBER: 011-065-19
THAT PORTION OF LOT 2 OF THE MC FADDEN-WILSON TRACT, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGE 91
OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE NORTH LINE OF MC FADDEN STREET, SAID NORTH LINE BEING THE SOUTH
LINE OF SAID LOT 2 AT THE POINT OF INTERSECTION OF THE WEST LINE OF A STRIP OF LAND
CONVEYED TO H. E. HUNTINGTON, TRUSTEE, BY DEED RECORDED SEPTEMBER 21, 1908 IN
BOOK 159, PAGE 219 OF DEEDS; THENCE NORTH 175 FEET; THENCE WEST 80 FEET; THENCE
SOUTH 175 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF SANTA ANA
RECORDED AUGUST 11, 2000 AS INSTRUMENT NO. 20000421957 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
Centennial Park / GSA Ns Z-CaIif-598B.C&D Page 12 of 22
Deed of Release
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Centennial Park / GSA Ns Z-Calif-598B,C&D Page 13 of 22
Deed of Release
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
Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general
public.
The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except
to another eligible governmental agency that the Secretary of the Interior approves in writing.
Any such disposition shall assure the continued use and maintenance of the Replacement
Property for public park or public recreational purposes subject to the same terms and
conditions in this Declaration of Restrictions. Any mortgage, lien, or any other encumbrance
not wholly subordinate to the interest of the Grantee in this Declaration of Restrictions shall
constitute an impermissible disposal. However, this provision shall not preclude the Grantor,
its successors and assigns from issuing revenue or other bonds related to the use of the
Replacement Property to the extent that such bonds shall not in any way restrict, encumber,
or constitute a lien on the Replacement Property. Furthermore, this provision shall not
preclude the Grantor from providing related recreation facilities and services compatible with
the approved application though concession agreements, permits, and licenses entered into
with third parties, provided prior concurrence to such agreements is obtained in writing from
the National Park Service.
4. Funds generated on the Replacement Property may not be expended for non -recreational
purposes. Until the Replacement Property has been fully developed in accordance with the
Program of Utilization, all revenues generated on the Replacement Property must be used for
the development, operation, and maintenance of the Replacement Property. After the
Replacement Property has been fully developed in accordance with the Program of
Utilization, revenue generated by the Replacement Property may be expended on other
recreation properties operated by Grantor.
5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns,
shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the
Replacement Property during the preceding two-year period, and other pertinent data
establishing its continuous use for the purposes set forth above, for ten consecutive reports or
as farther determined by the Secretary of the Interior.
6. Grantor further covenants and agrees for itself, its successors and assigns, that: (1) any use,
operation, program or activity on or related to the Replacement Property will be conducted in
compliance with all Federal laws and regulations relating to nondiscrimination, including but
not limited to the following laws and regulations as such may be amended from time to time:
(a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the
Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504
of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this
covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the
Grantor, its successors and assigns, will promptly take and continue to take such action as may
be necessary to effectuate this covenant; (4) the United States shall have the right to seek
judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a) obtain
from each other person (any legal entity) who, through contractual or other arrangements with
the Grantor, its successors or assigns, is authorized to provide services or benefits on or in
connection with the Replacement Property, a written agreement pursuant to which such other
person shall, with respect to the services or benefits which he is authorized to provide,
Centennial Park / GSA Ne Z-Calif-598B,C&D Page 15 of 22
Deed of Release
undertake for himself the same obligations as those imposed upon the Grantor, its successors
and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the
Interior or his successor or assign; (6) this covenant shall run with the land hereby conveyed,
and shall in any event, without regard to technical classification or designation, legal or
otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in
favor of the Grantee and enforceable by the Grantee against the Grantor, its successors and
assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the Replacement
Property in order to determine compliance with the terms of this conveyance.
The Grantor, its successors and assigns, shall indemnify, defend, protect, save and hold
harmless the Grantee, its employees, officers, attomeys, agents, and representatives from and
against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of
action, damages, losses, costs, and expenses (including without limitation attorneys' fees and
expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out
of any claim for personal injury or property damage (including death, illness, or loss of or
damage to real or personal property or economic loss) that relates to the Grantor's failure to
comply with the terms of this Declaration of Restrictions or from the use or occupancy of the
Replacement Property by the Grantor, its successors, assigns, transferees, or agents.
8. In the event that there is a breach by the Grantor, its successors or assigns, of any of the
covenants, conditions, restrictions, and agreements set forth herein, whether caused by the legal
or other inability of the Grantor, its successors or assigns, to perform said covenants,
conditions, restrictions or agreements, the Grantee will give written notice, with a reasonable
time stated therein, of such breach together with the actions required by Grantee in order to
cure said breach. In the event Grantor, its successors or assigns, fails to cure such breach
within the designated time frame set forth in the written notice, Grantor, for itself, its
successors and assigns, covenants and agrees that Grantee shall be entitled to the following
alternative remedies:
a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed
to the Replacement Property and shall allow Grantee the immediate right to reenter and
take possession of the Replacement Property. Final acceptance of such deed shall be at the
sole option of the Grantee.
b. In the event Grantor, its successors and assigns, fails to comply with the remedy
provided in Section 8(a) above, Grantor, for itself and its successors and assigns covenants
and agrees that Grantee shall have the right to prosecute and complete a Quiet Title and
Ejectment action, or other reasonably equivalent appropriate action, in a federal court of
competent jurisdiction against Grantor, its successors and assigns and any other party -in -
interest to the Replacement Property so that Grantee can acquire title and possession of the
Replacement Property. By executing this Declaration of Restrictions, Grantor, for itself
and its successors and assigns, hereby confesses judgment to Grantee to enable Grantee to
complete such judicial proceedings. In addition, Grantor, for itself and its successors and
assigns, agrees to pay Grantee all costs associated with any such judicial proceedings
incurred by Grantee in acquiring title and possession of the Replacement Property.
c. Until Grantee acquires and accepts title and possession to the Replacement Property at
Centennial Park / GSA Ns Z-Calif-598B,C&D Page 16 of 22
Deed of Release
its sole option and in accordance with the terms of Section 8(a) or 8(b) above, Grantor, for
itself and its successors and assigns, covenants and agrees to be fully responsible to provide
protection to and maintenance of said property at all tines until such time as the title is
actually accepted by the Grantee, including the period of any notice of intent to exercise
Grantee's rights. Such protection and maintenance shall, at a minimum, conform to the
standards prescribed by the General Services Administration in its regulations 41 CFR 102-
75.690 as such may be amended.
9. The failure of the Grantee to require in any one or more instances complete performance of any
of the conditions or covenants shall not be construed as a waiver or relinquishment of such future
performance, but obligation of the Grantor, its successors and assigns, with respect to such future
performance shall continue in full force and effect.
10. The National Park Service and any representative it may so delegate shall have the right of entry
upon the Replacement Property at all reasonable times to conduct inspections of the Replacement
Property for the purposes of evaluating the Grantor's compliance with the terms and conditions
of this Declaration of Restrictions.
11. The covenants, conditions, and restrictions set forth herein are intended to be covenants
running with the land in accordance with all applicable law and shall burden and run with the
Replacement Property and every part thereof or interest therein, and shall be binding on
Grantor, its successors, assigns, and every successor in interest to all or any part of the
property, and shall benefit Grantee and Grantee's , successors and assigns. All restrictions and
conditions contained herein are for the sole benefit of the United States of America and may be
modified or abrogated by the Secretary of the Interior, or his successor in function, as provided
by the Act.
Centem ial Parr / GSA No Z-Calif-598B,C&D Page 17 of 22
Deed of Release
To indicate their agreement to the provisions contained in this Declaration of Restrictions, Grantor
and Grantee have caused this instrument to be executed by their duly authorized representatives
effective as of 12021.
Grantor.
City of Santa Ana, California
M
SAMPLE DOCUMENT —NO SIGNATURE REQUIRED
ACKNowLEDGEMENT
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 )
) ss.
County of San Francisco )
On
before me,
personally appeared , 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 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.
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.
SEAL:
(Signature of Notary Public)
Centennial Park / GSA Ns Z-Calif-598B,C&D
Deed of Release
Page 18 of 22
Grantee:
UNITED STATES OF AMERICA
Acting by and through the Secretary of the Interior
SAMPLE DOCUMENT —NO SIGNATUR REQUIRED
By
Cindy Orlando
Acting Regional Director
National Park Service
Date
ACrG\OwLEDGEMENT
A notary Pubhc or other officer completing thus 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 )
) ss.
County of San Francisco )
On
before me,
personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the
within instrument, and acknowledged to me that he/she/they executed the same 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is trite and correct.
WITNESS, my hand and official seal.
SEAL:
(Signature of Notary Putblic)
Centennial Park / GSA No Z-Calif-598B.C&D
Deed of Release
Page 19 of 22
SCHEDULE 1
Exchange Property
In the City of Santa Ana, County of Orange, State of California, being a portion of land, described in a
deed, filed in Book 12326, pages 1194 through 1199 of Deeds, in the Office of the Comity Recorder of
said County, and shown on map, filed in Book 85, page 28 of Record of Srrveys, records of said Comity,
together with a portion of land described in a deed filed in Book 9037, pages 694 through 698 of Deeds,
records of said County, together with a portion of land described in a deed filed as instrument number
records of said County, described as a whole as follows:
Commencing at Westerly terminus of that certain course shown as North 88° 50' 00" East, 1020.05 feet,
in said Book 85, page 28, Record of Surveys, said course being the centerline of Edinger Avenue as
shown on said map;
Thence, South 10 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326,
pages 1194 through 1199;
Thence, South 10 10' 00" East, 302.80 feet along the Westerly line of said Deed to the Point of
Beginning;
Thence North 880 50' 00" East, 242,53 feet;
Thence South 11 10' 00" East, 16.82 feet;
Thence South 410 54' 23" East, 5 8.24 feet;
Thence North 88150' 00" East, 199.08 feet;
Thence South 11 10' 00" East, 89.92 feet;
Thence South 88150' 00" West, 96.56 feet;
Thence South i° 10' 00" East, 68.26 feet;
Thence South 88° 50' 00" West, 90.21 feet;
Thence South 58111' 54" West, 84.07 feet;
Thence South 88150' 00" West, 84.35 feet;
Thence North 1 °10' 00" West, 13.76 feet;
Thence South 88150' 00" West, 136.16 feet to a point of intersection with the Westerly line of said Deed;
Thence South 88° 50' 00" West, 43.97 feet;
Thence North 11 10' 00" West, 132.19 feet;
Thence North 88150' 00" East, 5,98 feet;
Thence North 1° 10' 00" West, 32.85 feet;
Thence North 45° 22' 35" West, 25.45 feet;
Thence North 11 10' 00" West, 64,92 feet;
Thence North 881 50'00" East, 55,74 feet to the Point of Beginning.
Containing 2.42 acres more or less,
Centennial Park / GSA Ne Z•Calif-598B,C&D Page 20 of 22
Deed of Release
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Centelwial Park / GSA Ns Z-Calif-598B.C&D Page 21 of 22
Deed of Release
SCHEDULE2
Replacement Property
[legal description]
Centemual Park / GSA NsL•Calif-598B,C&D
Deed of Release
Page 22 of 22