HomeMy WebLinkAbout2022-011 - Declaration of Resitrictions for 6th and Lacy Park SiteLR 211/22
RESOLUTION NO. 2022-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING THE DECLARATION OF
RESTRICTIONS FOR 6TH AND LACY PARK SITE
(REPLACEMENT PROPERTY #2)
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
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 designated portion of Centennial Park 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 Declaration of Restrictions
for the 6th and Lacy Park Site (also known as Replacement Property #2), conveyed by
the Declaration of Restrictions dated February 1, 2022 or shortly thereafter between the
City of Santa Ana, a municipal corporation as Grantor, and the United States of America,
acting by and through the Regional Director, Pacific West Region, National Park Service,
U.S. Department of Interior, Grantee, 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 Grantor 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 Declaration of Restrictions for the 6th and Lacy Park Site (Replacement Property #2).
Resolution No. 2022-011
Page 1 of 2
LR 211/22
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 15t day of February 1, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: /-'U - V QQ�YLL.
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. 2022-011 to be the original resolution adopted by the City Council of the
City of Santa Ana on FFebruary 1, 2022.
Date:
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2022-011
Page 2 of 2
Exhibit 1
Recording requested by:
When recorded mail to:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Centennial Park Land Exchange, Santa Ana, California
GSA No Z-Calif-598B,C&D
Replacement Property #2; 61/Lacy Park Site
DECLARATION OF RESTRICTIONS
This Declaration of Restrictions is made by and between the City of Santa Ana, a municipal corporation
("Grantor"), and the UNTIED 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 0.42-acres of real property known as the 6s'/L.acy Park Site and located at
the Southwest comer of 61 Street and Lacy Street, within the corporate limits of the City of Santa Ana, as
more fully described on Schedule 2 (the "Replacement Property 2"). For convenience, Replacement
Property 2 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 fully described on Schedule 1 (the "Exchange Property").
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 puuposes.
Agreement:
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:
1. The Replacement Property shall be used and maintained exclusively for public park and recreational
purposes in petpetiuty as set forth in the program of utilization and plan contained in Grantor's
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Replacement Property 92 — 6°'/ cy Pads Site
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 party, 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 date 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 from the Federal Goverment through the 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 hen 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 proposes.
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 further determined by the Secretary
of the Interior.
6. Grantor Anther 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
Z-Calif-598B,C&D 2 of 10
Replacement Property 92 — elacy Park Site
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, 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 ran 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, attorneys, agents, and representatives from and against any and all
debts, duties, obligations, liabilities, law suits, claim, 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 fiame set forth in the written notice,
Grantor, for itself, its successors and assigns, covenants and agrees that Grantee shall be entitled to the
following alterative 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 its sole
option and in accordance with the terns 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 times 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
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Replacmcnt Property #2 — Oh/Lacy Patio Site
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 fall 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 terns and conditions of this Declaration of
Restrictions.
11. The covenants, conditions, and restrictions set forth herein air intended to be covenants riming with
the laud in accordance with all applicable law and shall burden and ruin with the Replacement Property
and every pant 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 mud 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 frurcfion, as provided by the Act.
----------------------- Remainder of page intentionallyleft blank -----------------------
Z-Calif-598B,C&D 4 of 10
Replacement Property #2 — 6c'/Lacy Park Site
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 drily authorized representatives effective as of
, 2021.
Grantor.,
City of Santa Ana, California
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/shelthey 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)
Z-Calif-598B,C&D 5 of 10
Replacement Property 92 — 6' 11=y Pads Site
Grantee:
UNITED STATES OF AMERICA
Acting by and through the Secretary of the Interior
Cindy Orlando
Acting Regional Director
National Park Service
Date
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 truthfirhness, accuracy, or
validity of that document.
State of California )
)Ss.
County of Saar 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 lie/slie/they executed the same his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the persons) or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY raider the laws of the State of California that the foregoing
paragraph is hue and correct.
WITNESS, my band and official seal.
SEAL:
(Signature of Notary Public)
Z-Calif-59813,C&D
Replacement Propety #2 — 61blacy Pak Site
6of10
SCHEDULEI
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 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 880 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 I 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326,
pages 1194 through 1199;
Thence, South 1° 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 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 1' 10' 00" East, 89.92 feet;
Thence South 88° 50' 00" West, 96.56 feet:
Thence South 11 10' 00" East, 68.26 feet;
Thence South 880 50' 00" West. 90.21 feet:
Thence South 581 11' 54" West, 84.07 feet;
Thence South 88150' 00" West, 84.35 feet;
Thence North 1110' 00" West, 13.76 feet;
Thence South 88' 50' 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 11 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 88° 50' 00" East, 55.74 feet to the Point of Beginning.
Containing 2.42 acres more or less.
Z-Calif-598B,C&D 7 of 10
Replacement Property *2 - 6kLacy Park Site
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Replace¢Leat Property 02 - 60/Lacy Park Site
SCHEDULE2
Replacemeut Properh
Replacement Property 2 - 6th/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 TE 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
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