HomeMy WebLinkAboutCOREAS, ENNA AND GABRIEL APARICION-2022-142
INSURANCE NOT IRIDOF-WAY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT
WORK MAY PROCEED Bristol Street Widening Improvement Project
CLERK OF COUNCIL Phase 3A (between Civic Center Drive and Washington Avenue)
DATE. MAY 2 4 2022
Enna Coreas and Gabriel Auaricio, wife and husband as joint tenants
GRANTOR
0%puA(N AA-tkaNaa,(SK��
1312 W 9th Street
Santa Ana, CA 92703
APN: 004-123-55
PROPERTY ADDRESS
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
The parties have herein set forth the whole of their agreement. The performance of this contract
constitutes the entire consideration for the Temporary Construction Easement described below for the
above -referenced project and shall relieve the City of Santa Ana ("City") of all further obligation or
claims on account of the location, grade or construction of the proposed improvement.
2. The City shall pay the undersigned grantor(s) the sum of $2,3 for this Temporary Construction
Easement.
3. Permission is hereby granted to City or its authorized agent to enter upon grantor's land where
necessary, within that certain area legally described and shown in Exhibit "A" and "B" attached hereto
and made a part hereof, for the purpose of work associated with removal, re -grading, and
reconstruction of the area ("Work") as necessary to match the elevations of the new cul-de-sac
improvements constructed as part of the Bristol Street Widening Project —Phase 3A.
4. The undersigned grantor(s) warrant(s) that they are the owner(s) in fee simple of the property affected
by this Temporary Easement as described in section 3 above and that they have the exclusive right to
grant this Temporary Easement.
5. The parties to this contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations,
comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title
VI and the Code of Federal Regulations is to complete the USDOT Non -Discrimination Assurance
requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28
C.F.R. Section 50.3.
6. Further, no person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity that is the subject of this contract.
The acquisition price of the property being acquired in this transaction reflects the fair -market value
of the property without the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous waste, which requires mitigation under Federal or State
Pagel of 4
law, the City may elect to recover its cleanup costs from those who caused or contributed to the
contamination.
8. In consideration of the City's waiver of any defects and imperfections in the record title, the
undersigned grantor covenants and agrees to indemnify and hold the City harmless from any and all
claims that other parties may make or assert on the title to the premises. The grantor's obligation
herein to indemnify the City shall not exceed the amount paid to the Grantor under this contract.
9. City agrees to indemnify and hold harmless the grantor from any liability arising out of City's
operations under this contract. City further agrees to assume responsibility for any damages
proximately caused by reason of City's operations under this contract and City will, at its option,
either repair or pay for such damage.
10. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the amount shown in Clause 2 above includes full payment for the Temporary Construction Easement
described in section 3 above for a period of 24 months commencing on May 1, 2022 and
terminating on May 1, 2024. This easement may also be terminated prior to May 1, 2024 by the City
upon written notice to the grantor. At least 48 hours advance written notice will be given before any
entry on grantor's property. The right of possession and use of the subject property by the City,
includes the Work described in Section 3 and shall conform to Section 14.
Written notification shall be given to the owner at:
Enna Coreas and Gabriel Aparicio
1312 W 9th Street
Santa Ana, CA 92703
Verbal communication with the owner shall be at telephone number (714,) 599-2060
In the event owners need to provide written notification to City for information changes or property
transfers, the owner shall notify the City in writing of such occurrence at:
City of Santa Ana
Attn: Executive Director of Public Works
20 Civic Center Plaza, M-36
P.O. Box 1988
Santa Ana, CA 92701
Verbal communication with City shall be at telephone number (714) 647-5655.
11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the amount shown in Clause 2 above includes full payment for the right of possession and use of the
Temporary Construction Easement.
12. The grantor agrees that no improvements other than those already on the Temporary Construction
Easement, shall be placed thereof; and the planting of any crops, trees, or shrubs, or alterations,
repair, or additions to existing improvements which may hereafter be placed thereon are at grantor's
sole risk and without expectation of payment if removed by the City.
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13. It is understood and agreed that in the event the grantor plans to sell, lease, or rent the grantor's
property prior to the earliest of the completion of the project or the final expiration date of this
Temporary Construction Easement, the grantor shall inform, in writing, any and all parties involved
in said sale, lease, or rental, of this Temporary Construction Easement and associated construction
project by the City.
14. All work done under this contract shall conform to all applicable building, fire and sanitary laws
ordinances, and regulations relating to such work, and shall be done in a good and workmanlike
manner. All structures, improvements or other facilities, when removed, and relocated, or
reconstructed by the City, shall be left in as good condition as found.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
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N-2022-142
In WITNESS WHEREOF, the parties have executed this contract the day and year first above written.
GRANTEE: City of Santa Ana
Kristine Ridge
City Manager
Attest:
na-
Daisy Gomez
City Clerk
Approved as to Form:
Jo# M.Funk
Sr. Assistant City Attorney
RECOMMENDED FOR APPROVAL:
kJ G�'J "�G y�
/ 'Nabil Saba, P.E.
Executive Director
Public Works Agency
GRANTOR: Enna Coreas and Gabriel Aparicio,
wife and husband as joint tenants
By: ,4, ( Ql-� /21
Erma Coreas ate
By: , rl l 4 y/6/22
Gabriel Aparicio Date
Date: s/ZC 2022
Date: 02'% 2022
Date: ��� c:y 7 2022
Date: S <<1 12022
Page 4 of 4
EXHIBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES - AP No. 004-123-11
BEING A 5.00 FOOT STRIP OF LAND, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF PARCEL 2 OF
PARCEL MAP NUMBER 79-905, FILED IN BOOK 150, PAGES 12 AND 13, OF PARCEL
MAPS IN THE OFFICE OF SAID COUNTY RECORDER, THE NORTHEASTERLY LINE
OF SAID STRIP BEING MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF NINTH STREET AND
BRISTOL STREET AS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF NINTH STREET, NORTH 89031'30" WEST,
165.13 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE OF NINTH STREET, NORTH
0028'30" WEST TO A POINT ON THE SOUTH LINE OF LOT 6 OF TRACT NO.6713, PER
MAP RECORDED IN 1300K 24, PAGE 32 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING, SAID POINT BEING A POINT ON A NON -TANGENT CURVE,
CONCAVE NORTHWESTERLY, HAVING A. RADIUS OF 95.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH 26003'02" EAST;
THENCE, NORTHEASTERLY ALONG SAID CURVE 11.66 FEET THROUGH A
CENTRAL ANGLE OF 7001'55" TO A POINT OF REVERSE CURVATURE WITH A
CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A
RADIUS OF 43.00 FEET;
THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE 185.46
FEET THROUGH A CENTRAL ANGLE OF 247006'53" TO A POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
95.00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE 2 4.6 8 FEET TnnvUGH A
CENTRAL ANGLE OF 14053'08" TO THE NORTH LINE OF SAID PARCEL 2.
THE SOUTHWESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE EASTERLY IN THE EAST LINE OF SAID PARCEL 2
AND NORTHWESTERLY IN THE NORTH LINE OF SAID PARCEL 2.
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CONTAINING AN AREA OF 193 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY,
IF ANY.
r.r
p% ANDSUTHIS DESCRIPTION HAS BEEN RPREPARED BY ME ONSEPTEMBER 28, 2015 uny�
ANTHONY C. CUOMQ PLS 6042L.N0.C4t Cuomou2
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