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HomeMy WebLinkAboutItem 15 - Centennial Park Land ConversionParks, Recreation, and Community Services www.santa-ana.org/parks Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 1, 2022 TOPIC: Centennial Park Land Conversion AGENDA TITLE: Accept a Quitclaim Deed of an "L" shape parcel at Centennial Park, Deed of Release of 2.42 acres at Centennial Park, and Declaration of Restrictions on three Park sites to complete the Land Conversion Process RECOMMENDED ACTION 1. Acknowledge the City Manager's acceptance of a Quitclaim Deed on Parcel D at Centennial Park from the Federal Government pursuant to her authority under Santa Ana Municipal Code Section 33-55. 2. Adopt a resolution Accepting a Deed of Release on 2.42 acres at Centennial Park removing the public park and recreational deed condition to be transferred over to the replacement properties. 3. Adopt a resolution approving a Declaration of Restriction on Pacific Electric site. 4. Adopt a resolution approving a Declaration of Restriction on 6th and Lacy site. 5. Adopt a resolution approving a Declaration of Restriction on Raitt and Myrtle site. All recommended actions are subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 30, 1977, the City obtained several surplus parcels of property known as Centennial Park from the Federal Government at no cost, upon the express condition that the use of the property be exclusively for public park and recreation purposes in perpetuity. Subsequent to the conveyance of land, the Federal Government allowed construction of a community college on a portion of the property (2.42 acres) under the condition the college provided recreational programs as part of their curriculum. On November 5, 1979, the City Council approved a 30-year License Agreement with Rancho Santiago Community College District (College) to construct and operate an Adult Career Education Center (Center) at Centennial Park, under the condition the College abide to Deed Restrictions required by the Federal Government. Between 2009 and 2011, the College requested a long-term license agreement to make improvements to the campus. However, the National Park Service (NPS) would not approve a long-term Centennial Park Land Conversion February 1, 2022 Page 2 license agreement because they found that the operation of the Center did not comply with the deed restrictions for the land upon which the College is located in Centennial Park. In order for the City to enter into a long-term license agreement with the College, NPS must approve a land conversion. The land conversion includes a requirement of the City to transfer the deed conditions (property to be used for recreational or public parks purposes only) for the land where the Center is located to new parks sites of equal recreation value and size. The three replacement properties selected for the land conversion are located at Raitt-Myrtle Street Park (1.09 acres), 6th and Lacy Street Park (0.42 acres), and Pacific Electric Park (1.25 acres). Collectively these replacement properties would impose a condition of exclusive use for public park and recreation purposes, as required pursuant to the Act. The original 30-year agreement with the College was set to expire on November 5, 2009 and the parties, under the same conditions, agreed upon a 5-year extension of the license in 2009 and again in 2014. On February 28, 2019, the NPS allowed the City to extend the license agreement between the City and College for up to two years. On March 5, 2019, the City Council approved a two-year license agreement extension with the College expiring November 5, 2021. On October 15, 2019, the City approved a ground lease agreement with the College for a period of 85 years from October 16, 2019 to October 15, 2104, conditioned upon the NPS approval of the land conversion related to the deed restrictions on the property. Over that past two years, the COVID-19 pandemic and missing L shape parcel continued to stall the land conversion. During the process of the working on the Deed of Release and the Declaration of Restrictions for the exchange, the City could not find the deed/parcel area that runs between the college parcel and park site. This reverse L shape parcel, is between three Quit Claim Deeds and is 21.05 ft. wide running north/south and 52 ft. wide running east/west was mistakenly not transferred over to the City in the original conveyances. The City's efforts to process this land conversion with the NPS has lasted an unbelievable 13 years. Due to help from outside consultants, Congressman Lou Correa, Chancellor Martinez, and assistance from the Department of Interior, the land conversion is moving forward. City staff is requesting City Council approval of the following to conclude the land conversion process: 1) Acknowledge the City Manager's acceptance of Quit Claim Deed (pursuant to her authority under SAMC Section 33-55) for the missing L shape parcel located in the middle that was mistakenly not transferred over to the City in the original conveyances (Exhibit 1). 2) Adopt a resolution accepting the Deed of Release (Exhibit 2) removing the recreational deed condition from the 2.42-acre parcel at Centennial Park. Centennial Park Land Conversion February 1, 2022 Page 3 3) Adopt a resolution accepting the Declarations of Restriction (Exhibits 3, 4.and 5) transferring over the deed condition of park and recreational purposes in perpetuity over to the Pacific Electric site, 6th and Lacy site, and Raitt & Myrtle site. Once the City Council approves the above actions, City staff will return the documents to NPS for their signatures and notarization. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact on this action. EXHIBIT(S) 1. Quitclaim Deed on Parcel D at Centennial Park. 2. Resolution Accepting Deed of Release 3. Resolution Approving Declaration of Restriction for Pacific Electric Park Site 4. Resolution Approving Declaration of Restriction for 6th and Lacy Park Site 5. Resolution Approving Declaration of Restriction for Raitt and Myrtle Park Site Submitted By: Lisa Rudloff, Executive Director Parks, Recreation, Community Services Agency Approved By: Kristine Ridge, City Manager Exhibit 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Quitclaim Deed dated December 22 2021, from the United States of America, acting by and through the Secretary of the Interior, acting by and through the Director, National Park Service, to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281, and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: Date City Manager Recording requested by: When recorded mail to: Centennial Park — GSA N2 9-Z-CA598-D Portion, Former F.C.C. Monitoring Station Santa Ana, California SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Director, 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, 40 U.S.C. §550(e), and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), for and in consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes, by the City of Santa Ana (hereinafter designated "Grantee"), does hereby release and quitclaim to Grantee, and to its successors and assigns, all Grantor's right, title and interest, subject to the reservations, warranties, covenants, conditions, and restrictions declared herein, "as is, where is" in and to a tract of land situated in the City of Santa Ana, County of Orange, State of California, being a portion of Section 22, Township 5 South, Range 10 West, San Bernardino, Base and Meridian, in Rancho las Bolsas, as per map recorded in Book 51, page 12 of Miscellaneous Maps, filed in the Office of the County Recorder of said County, described as follows and illustrated in Exhibit A attached: Bounded on the Westerly line by the Easterly line of a deed filed in Deed Book 9037, pages 694 through 698, records of said County; Bounded on the Easterly line by the Westerly line of a deed described in Deed Book 12326, pages 1194 through 1199, records of said County and shown on a map filed in Book 85, page 28 of Record of Surveys, records of said County; Bounded on the Most Easterly line by the Easterly line of that certain course shown as" N 17' 23' 49" E, 2478.70' on a map filed in Book 98, pages 10 and 11 of Record of Surveys, records of said County; Bounded on the Southerly line by the Northerly line of a deed described in Deed Book 8384, pages 210 through 215, records of said County; Bounded on the Northerly line by the Southerly line of a deed filed in Book 12326, pages 1194 through 1199, records of said County and shown on a map filed in Book 85, page 28 of Record of Surveys, records of said County; Centennial Park — GSA Ns 9-Z-CA598-D Page I of 9 Bounded on the Most Northerly line by the Northerly line of that certain course shown as "N 89' 33' 47" W, 1142.44' on a map filed in Book 98, pages 10 and 11 of Records of Survey, records of said County. Containing 1.43 acres more or less. Whereas recently a gap was discovered between legal descriptions of parcels previously conveyed to the City of Santa Ana, and whereas the existence of the gap has been determined to be unintentional, GSA has concluded that this gap, now labeled parcel "D" (as illustrated on attached Exhibit B), was created in error as the former F.C.C. Monitoring Station was subdivided and disposed of over time. The area covered by this parcel was assumed to have been included in the conveyance of 9-Z-Calif-598C. This conveyance is made as a corrective action and continuation of the disposal of 9-Z-Calif-598C that occurred on June 30, 1977. The conveyance of the hereinbefore described Property is made subject to any and all existing covenants, reservations, easements, restrictions, conditions, encumbrances, clauses, permits, servitudes, rights -of -way and the like which may affect any portion of the Property interest(s) hereinabove described whether or not of record including but not limited to (i) easements and rights -of -way for streets, roads, highways, public utilities, electric power lines, electric transmission facilities, telecommunication lines and equipment, railroads, pipelines, drainage, sewer lines, water mains, conduits, flumes, ditches, canals on, over and across said land; (ii) all existing interest(s) reserved to or outstanding in third parties in and to water rights, ditch and reservoir rights, oil, gas, and/or minerals; (iii) all other existing interests reserved by any grantor(s) in the chain of title unto said grantor(s), their respective heirs, successors and assigns; (iv) any survey discrepancies, conflicts, or shortages in area of boundary lines, or any encroachments, or protrusions, or any overlapping of improvements; (v) existing ordinances or resolutions, special purpose district rules and regulations, including but not limited to soil conservation district rules and regulations and water conservancy district rules and regulations; (vi) any unpaid taxes; and (vii) any facts which a proper inspection or accurate survey of the Property might disclose. All rights and interests previously reserved to the United States of America by patents which cover this Property are expressly reserved and excepted from this conveyance. The Grantee by its acceptance of this deed does acknowledge its understanding of the agreement, and does covenant and agree for itself, its heirs, successors and assigns, forever, as follows: 1. This property shall be used and maintained exclusively for the public park and public recreational purposes for which it was conveyed in perpetuity as set forth in the Program of Utilization and plan contained in an application submitted by the Grantee dated November 19, 1975 and any amendments thereto, which program and plan may be amended from time to time as provided below. 2. The Program of Utilization may be amended only for the continued use of the property for public park or recreational purposes at the request of either the Grantee or the National Park Service with the written concurrence of the other party. Such amendments will be added to and become a part of the original application and of this Quitclaim Deed and shall be consistent with purposes for which the property was originally transferred. The Grantee shall furnish any documentation, maps, photographs, studies, and other information to support the request as requested by the National Park Service to evaluate any proposed use or development of the property. 3. The 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 property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance. Any mortgage, lien, Centennial Park — GSA Ns 9-Z-CA598-D Page 2 of 9 or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall constitute an impermissible disposal. However this provision shall not preclude the Grantee, its heirs, successors and assigns from issuing revenue or other bonds related to the use of the property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the property. Furthermore, this provision shall not preclude the Grantee from providing related recreation facilities and services compatible with the approved application through concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in vomiting from the National Park Service. 4. This property is subject to, and has been included in, the original biennial reporting requirement for the original conveyance of Z-Calif-598C. Reports setting forth the use made of the property and other pertinent data establishing its continuous use for the purposes set forth above may be required as further determined by the National Park Set -vice 5. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its heirs, successors and assigns, that: (1) any use, operation, program or activity on or related to the property conveyed by this Deed 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 may be amended from time to time: (a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Federal Property Management Regulations at 41 CFR § 101-6.201 et seq., (c) Title VI of the Civil Rights Act of 1964 (42 USC §2000d-1 et. seq.), (d) Title III of the Age Discrimination Act of 1975 as amended (42 USC §6101 et seq.), (e) Section 504 of the Rehabilitation Act of 1973 as amended (29 USC §794), (f) the Architectural Barriers Act of 1968 as amended (82 Stat. 718), (g) The Americans with Disabilities Act of 1990 (104 Stat. 337), and (h) Executive Order 13672 which prohibits discrimination on the basis of sex, sexual orientation, gender identity, or national origin; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantee, its heirs, 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 Grantee, its heirs, successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its heirs, successors or assigns, is authorized to provide services or benefits on or in connection with the 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 Grantee, its heirs, 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 Grantor and enforceable by the Grantor against the Grantee, its heirs, successors and assigns; (7) the United States shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed; and (8) the Grantor expressly reserves a right of access to, and entrance upon, the above described property in order to determine compliance with the terms of this conveyance. i. The Grantee, its heirs, successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantor, its employees, officers, attorneys, 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 Grantee's failure to comply with the terms of this deed or from the use or occupancy of the property by the Grantee, its heirs, successors, assigns, transferees, or agents. Centennial Park — GSA Ns 9-Z-CA598-D Page 3 of 9 7. SAVE AND EXCEPT, and there is hereby reserved unto the UNITED STATES OF AMERICA, and its assigns, all oil, gas and other minerals lying upon the surface or at any depth of the above described Property, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating, and developing said land for oil, gas and other minerals and removing the same therefrom. 8. SAVE AND EXCEPT, and there is hereby reserved unto the UNITED STATES OF AMERICA, and its assigns, all rights and interests which have been previously reserved to the United States of America in any Patent(s) which cover(s) the property. 9. The Property is conveyed "AS IS" and "WHERE IS" without any representation or warranty on the part of the Grantor to make any alterations, repairs, or additions. Grantee, for itself and its successors and assigns, further acknowledges that Grantor has made no representations or warranty concerning the condition and state of repair of the Property nor has Grantor made any other agreement to promise to alter, improve, adapt or repair the Property not otherwise contained herein. 10. In the event that there is a breach by the Grantee, its heirs, successors or assigns, of any of the covenants, conditions or restrictions set forth herein, whether caused by the legal or other inability of the Grantee, its heirs, successors or assigns, to perform said covenants, conditions or restrictions, the Grantor will give written notice, with a reasonable time stated therein, for the elimination, rectification or cure of said breach. Upon failure to eliminate, rectify or cure said breach within the time set forth in the notice, all right, title, and interest in and to said premises shall, at the Grantor's option, revert to and become the property of the Grantor. In addition to all other remedies for such breach, the Grantee, its heirs, successors and assigns, at the Grantor's option, shall forfeit all right, title, and interest in any and all of the tenements, hereditaments, and appurtenances thereunto belonging. 11. The failure of the Grantor 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 Grantee, its heirs, successors and assigns, with respect to such future performance shall continue in full force and effect. 12. The National Park Service and any representative it may so delegate shall have the right of entry upon said premises at all reasonable times to conduct inspections of the property for the purposes of evaluating the Grantee's compliance with the terms and conditions of the conveyance. 13. The Grantee, by its acceptance of this deed, covenants and agrees for itself, its heirs, successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu of a reverter, then the Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of intent to revert. 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. The Grantee further agrees to complete and submit to the Grantor an environmental assessment of the property that sufficiently documents and evaluates its condition in regard to the release of hazardous substances as defined under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 USC §9620(h)). 14. 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 property conveyed by this deed and every part thereof or interest therein, and shall be binding on Grantee, its heirs, successors, Centennial Park — GSA Ne 9-Z-CA598-D Page 4 of 9 assigns, and every successor in interest to all or any pail of the property, and shall benefit Grantor and Grantor's heirs, successors and assigns. -------------------------------- Remainder of Page Intentionally Left Blank ------------------------------------- Centennial Park — GSA Ns 9-Z-CA598-D Page 5 of 9 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and on its behalf on this the ' - day of �,, , 202-i. UNITED STATES OF AMERICA Acting by a through the Secretary of the Interior r By Cindy Orlando Acting Regional Director National Park Service, Interior Regions 8, 9, 10, and 12 State of Hawai'i ) ) ss. County of Hawai'i ) On this '-2 day of � � -- Acknowledgement 20 21 , before me personally appeared QAnc!�A , to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Description of Document: a -� e_�cii Date of Document: 17.22.2-0z-1 No. of Pages: 11 Signature o otaiy Public Printed Name of Notary Public Commission Expiration Date: 1 2-Q�-3 1%11111ot/ C,\ELEA0 �� ,,11 (`CC..P dYARY PUBLIC Comm. No. 19-335 \� OF Centennial Park — GSA Ns 9-Z-CA598-D Page 6 of 9 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 I2 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 truthfulness, accuracv. or validitv of that document. State of California ) ss. 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 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 9-Z-CA598-D Page 7 of 9 EXHIBIT A SKETCH TO AGGOMPANY LEGAL. IXSCR I PT ION W*T POLY LINE OF PARCEL C-Le EDINGER STREET N'80'50 10` E. PER R1 N BPE*50R 030AND.R461.14' N'0B•50�R'pE. T61.19' QG ' BOA. 0 Off' 0 RE OF PARCEL RFF RFNf! � Rt a OEEO BOOK 903T. P0. $94. R OECD 80OOK'112326.PPC 1194. R+ . RSB 05/20 PARCEL AREA m CONTAIN$ 1:E3 ACRESiPORE:OR.LESS. Centennial Park — GSA Ns 9-Z-CA598-D Page 8 of 9 FA OADEE gg-5��y986MM.2 55 aQTAC O C I TY94 I N5T%YMINTTtl C191 IT �k41441 USq EXHIBIT B CENIERLINE£U[ry6R AVENUE. Ado". APPR 6A . CA-598>I THIS MAP IS FOR REFERENCE O1. NLY CA-5980 CC AA E p 9K� MkJ 'P0 tE94 fi USA 0 CITY ti y w v"i0.0 { 4 All CA•5.988.1 811SA80 COINE18 Centennial Park — GSA Ns 9-Z-CA598-D Page 9 of 9 LR 2/1/22 Exhibit 2 RESOLUTION NO. 2022-XXX 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 Deed of Release 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. 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. Resolution No. 2022-XXX Page 1 of 2 LR 2/1/22 Exhibit 2 ADOPTED this day of February, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 2 of 2 Exhlblt Z Recording requested by: When recorded mail to: SPACE ABOVE THIS LINE FOR RECORDER'S 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 Jame 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 laud 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 filly 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) 6'h and Lacy St. Park, encompassing 0.42 acres more or less , and located at the corner of 61h Street and Lacey Street, and Centennial Park 1 GSA No Z-Calif-598B,C&D Pagel of 22 Deed of Release Exhibit 2 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 puuposes. 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 puuposes. 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 tluough the Secretary of the Interior. The form of the Declaration of Restrictions is attached as Schedule 3 to this Release. Remainder of page intentionally left blank Centennial Park 1 GSA No Z-Calif-598B,C&D Page 2 of 22 Deed of Release Exhibit 2 IN WITNESS WHEREOF. the Grantor has caused this Deed or Release to be executed hi its name and on its behalf on this the day of , 2021. UNITED STATES OF AMERICA Acting by and through 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 ) am 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/them' 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. WTENESS, my hand and official seal. SEAL: (Signature of Notary Public) Centennial Park 1 GSA No Z-Calif-598B,C&D Page 3 of 22 Deed of Release Exhibit 2 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 LOW 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 truthUness, accuracy, or validity of that document. State of California } } ss_ County of } On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the pefson(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same hislherltheir authorized capacity(ies), and that by his/her/their signatures) 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. VVTI'NESS, my hand and official seal_ SEAL: (Signature of Notary Public) Centennial Park 1 GSA No Z-Calif-598B,C&D Page 4 of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchange Pr•opertq 1n 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 instnunent number records of said County, described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 98' 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 1° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1° la' 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 1° 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 1° 10' 00" East, 89.92 feet; Thence South 88' 50' 00" West, 96.56 feet; Thence South 1° 10' 00" East, 68.26 feet; Thence South 88' 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 1 ° 1 0' 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 1° 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East._ 5.98 feet_ Thence North 1° 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North 11 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Centennial Park 1 GSA No Z-Calif-598B,C&D Page 5 of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchanize Property Sketch 31V7S ON 0Uj HiaoH � 133�5 IL m II co �{ cz •6 3 „00 ,04 • L S 3 Ox .00 a�s8� p� a j o w 31 c d,j io a , m N F ml G �� N m le a rn m m (, to Li �O W w IX1 0L 'n • W o I a m 0 �W in J i Nj 3 .00 .0L,I 5 ftl "' Wz L V CV TC u W � Z Y I M 4 # O of om . ors O ,n W W zo to LO W 4 9z"EL R do IN v oo = N+ • ►Lai to N ,ol•L V' rz Jo 1 m+ O—O Q � Liu II Y qb Z! 19\ a o O m HNN W +O t 0 Iti aMa x , a 004 Z — -d I'r' o aiE] 288d' m �Y3aV cU I 3 .00 ?0 L . 4 S v O3UL113O3tfHf1 V+ vx i ti s`8 f `" i£L z <" o ' !� S I zs-n9 A„OD N vJ y W ,04.4 .�'I AV ,DO .OL.L H X s w3 1 t9 : 40 of 3� in_ - • ,nu - °° ! rl' f I Wcz, ze �u 3A1 aO ]IA1 C,DH OD _ 2 Y LOU IC�I ,58'i� LJ Ak „00 01.L H Centennial Park 1 GSA No Z-Calif-598B,C&D Page 6 of 22 Deed of Release Exhibit 2 SCHEDLZE 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: I�lty��il#�l ��F[�I�rd�xl��iFa 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 443.4 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 1232 FEET THEREOF. Centennial Park 1 GSA No Z-Calif-598B.C&D Page 7 of 22 Deed of Release Exhibit 2 -�� a LJ e N a � FF �i 1"01 rr "✓ � Q Q V Li LJ V hM oo a 0Z)0(Dno a ea ~x' ,� i rn a a I3ms twuwrau s n Q Q oa t,3 ASAW ( M M�� K b Ths mapiplat Is being Turnirhed as an aid In kcabng 1hs hareln described Land n relarlcn to ad;uining sULwta, natural bounda.nea andr usher land, and m rwt a sunny of the land depicted. Except m the extent a poficy at title nsurancs is expressly mad fled b7 endorsement, a any- M@aO npzny does nat Insure drneraonn, c stanras, racatlan of easernents, acreage aromer matters sna4entheracn- Order M12345 Doc:7-37 MAP ASSE•S=R Pago 1 of 1 Requested By, K"A McGhee , Prlr,ted. 41271= 1:41 PM Centennial Park 1 GSA No Z-Calif-598B,C&D Page 8 of 22 Deed of Release Exhibit 2 Replacement Property 2 - 6`hlLacy 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 ❑F "FRUIT'S ADDITION TO SANT A ANA", AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 34 ❑F MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-05 Centennial Park 1 GSA No Z-Calif-598B.C&D Page 9 of 22 Deed of Release Exhibit 2 K5I b� L r 13�JS 3 rrs7aMu7 n73b1,VbJ � 1 i I I til � I —31��eres .rate L�ei� m gfIK 4 � J33drL5 S MR � � q � $w zn� .d 11 Y M Q- ' i I,2rrls w7 � 4J 0 sa. 0� O 'o � � _ E 4 A A. srr dy.Umv i h \u7 ary � o $ I��r?S FI�DN.lSYtlV 1 1 Z� to It Th le m plMal in bcing furnished man axd in kKMrkg the herein cleacrlbed Land kn relatlon to adjolning streets, natural boLawh ies and dhe land, and is nat a survey ar 1ho land depic6cd. Erupl lv iha o�crta policy vF titlo insiranco is e7ip�eo3ty meaifie:d by or-Awwwrw; iany. the Company does nor Inst re di12hSlans, dL'1wwg, location of easements, acreage Or other Matters Sram trarmn. Omer: 02012344 Doc: 39833 MAP ASSESSOR Page 1 d 1 Fequested By: KeNn McGhee , Printnet 412V2=2W FU Centennial Park 1 GSA No Z-Calif-598B,C&D Page 10 of 22 Deed of Release Exhibit 2 Replacement Property 3 - McFadden-Oraneef 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. J-1Z181=1 *XYs]:i6yLT,l:l9J:11gr•101LT11-1:109111ElIS&A 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-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: 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. J-1*14M■ IFTAVXy 2210914 N 0 L91 iri 1 :1401111111113&W THE EAST 80.00 FEET OF THE WEST 130.00 FEET OF THAT PORTION OF LOT 2 OF THE MCFADDEN-WILSON TRACT, 1N 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. 12-1*]4M�I_��y �Y�]: y��1:Ty�l!�L�Jail:J�:i[�]ifiQ�I:t• � 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 1 GSA No Z-Calif-598B.C&D Page 11 of 22 Deed of Release Exhibit 2 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 1 GSA No Z-Calif-598B.C&D Page 12 of 22 Deed of Release Exhibit 2 QD zo ---------------------- ^I Y ;z— 13361157 �0 L''�J Q R q�I(Di � J' �yq 1 ��y T 39NVdtl g n a J It7 o o.00000 4-� �R � �J QrQ= a Div a s (9) tD � .:r•w 1 � ns ���'�'�a 31TN3Ap 553eYdi� " G. 3AV SMdA.7N 9 ff I • * .•,.,_, 1 e ,v .. I I �g �I ,; V tier � _ �u r� q cu i ai4Yy� ��ry� zj ca `o `a 4 a rs ~I�.x 2j WQaaQ9 § 133�I1 S • nl1 vw � --f i a { P ~ v f Centennial Park 1 GSA No Z-Calif-598B,C&D Page 13 of 22 Deed of Release Exhibit 2 SCHEDULE 3 Form of the Declaration of Restrictions GSA N2 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 AN ERICA, 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 [9] 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. 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. Amreement: 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 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 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 Government through the Centennial Park 1 GSA No Z-Calif-598B,C&D Page 14 of 22 Deed of Release Exhibit 2 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 further determined by the Secretary of the Interior. 6. Grantor fiuther 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 1 GSA No Z-Calif-598B,C&D Page 15 of 22 Deed of Release Exhibit 2 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 laud 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. 7. 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, 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 fi-ame 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 1 GSA No Z-Calif-598B,C&D Page 16 of 22 Deed of Release Exhibit 2 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 properly 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 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 maybe 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. Centennial Park 1 GSA No Z-Calif-598B,C&D Page 17 of 22 Deed of Release Exhibit 2 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 , 2021. Grantor: City of Santa Ana, California Lo SAMPLE DOCUl1IENT — 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 trutbfulness, accuracy, or validity of that document. State of California } ) ss. County of San Francisco } 0 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 hislherltheir authorized capacity(ies), and that by hislherltheir signatures) 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 1 GSA No Z-Calif-598B,C&D Page 18 of 22 Deed of Release Exhibit 2 Grantee: LJN1TED STATES OF AMERICA Acting by and through the Secretary of the Interior SAMPLE DOCUMENT —NO SIGNATUR REQUIRED Cindy Orlando Acting Regional Director National Park Service Date LIM 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 truthfiduess, 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 signatures) 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 1 GSA No Z-Calif-598B,C&D Page 19 of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchange Pr•opertq 1n 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 instnunent number records of said County. described as a whole as follows: Commencing at Westerly terminus of that certain course shown as North 98' 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 1° 10' 00" East, 52.00 feet to the Northwest corner of said Deed filed in Book 12326, pages 1194 through 1199; Thence, South 1° la' 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 1° 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 1° 10' 00" East, 89.92 feet; Thence South 88' 50' 00" West, 96.56 feet; Thence South 1° 10' 00" East, 68.26 feet; Thence South 88' 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 1 ° 1 0' 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 1° 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East._ 5.98 feet_ Thence North 1° 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North 11 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Centennial Park 1 GSA No Z-Calif-598B,C&D Page 20 of 22 Deed of Release Exhibit 2 SCHEDULE 1 Exchanize Property Sketch 31V7S ON 0Uj HiaoH � 133�5 IL m II co �{ cz •6 3 „00 .0 4• L S 3 Ox .00 a�s8� p� a j o w 31 c d,j io a , m N F ml G �� N m le a rn m m (, to Li �O W w IX1 0L 'n • W o I a m 0 �W in J i Nj 3 .00 .0L,I 5 ftl "' Wz L V CV TC u W � Z Y I M 4 # O of om . ors O ,n W W zo to LO W 4 9z"EL R do IN v oo = N+ • ►Lai to N ,ol•L V' rz Jo 1 m+ O—O Q � Liu II Y qb Z! 19\ a o O m HNN W +O t 0 Iti aMa x , a 004 Z — -d I'r' o aiE] 288d' m �Y3aV cU I 3 .00 ?0 L . 4 S v O3UL113O3tfHf1 V+ vx i ti s`8 f `" i£L z <" o ' !� S I zs-n9 A„OD N vJ y W ,04.4 .�'I AV ,DO .OL.L H X s w3 1 t9 : 40 of 3� in_ - • ,nu - °° ! rl' f I Wcz, ze �u 3A1 aO ]IA1 C,DH OD _ 2 Y LOU IC�I ,58'i� LJ Ak „00 01.L H Centennial Park 1 GSA No Z-Calif-598B,C&D Page 21 of 22 Deed of Release Exhibit 2 SCHEDULE 2 Replacement Property [legal description] Centennial Park 1 GSA No Z-Calif-598B,C&D Page 22 of 22 Deed of Release LR 2/1/22 Exhibit 3 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DECLARATION OF RESTRICTIONS ON PACIFIC ELECTRIC PARK SITE (REPLACEMENT PROPERTY # 3) 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 Pacific Electric Park Site (also known as Replacement Property #3), 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 Pacific Electric Park Site (Replacement Property #3). 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. Resolution No. 2022-XXX Page 1 of 2 LR 2/1/22 Exhibit 3 ADOPTED this day of February, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ie ssis an i y orney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers ��:i�l�[�_����]y_�i�=�'�l_��[�7►I_1►1�Z�7:7[rll�1_1���'1 I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 2 of 2 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 #3; Pacific Electric 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 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 1.25-acres of real property known as the Pacific Electric Park Site and located at the northeast corner of the intersection of McFadden Avenue and Orange Avenue, within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property 3"). For convenience, Replacement Property 3 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 Schechile 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 purposes. Agreement: NOW TBEREFORE, 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 Z,Calif-598B,C&D 1 of 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 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 party, and such amendments will be added to and become a part of the original application (the "Program of Utilization"). The Grantor shall, within b 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 Government 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 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 further determined by the Secretary of the Interior. b. Grantor farther 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 Z-Calif-598B,C&D 2 of 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 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, undertake for himself the same obligations as those imposed upon the Grantor, its successors and assigns, by this covenant, and (b) Runish a copy of such agreement to the Secretary of the Interior or his successor or assign; (b) 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, attorneys, 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 temps of this Declaration of Restrictions or from the use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or agents. 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 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 frilly responsible to provide protection to and maintenance of said property at all times until such time as the title is actually accepted by the Z,Calif-598B,C&D 3 of 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 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. 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 conttnied 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 nun 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. - ----- ------ ------ ----- Remainder of page intentionally left blank ----- --------- —----- --- Z,Calif-598B,C&D 4 of 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 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 , 2021. Grantor. City of Santa Ana, California Lo 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 truthfidness, 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 helshelthey 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 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior LM 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 truthfulness, accuracy, or validity of that document. State of California } } ss. Courlty 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 helshelthey 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 6 of 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 SCHEDULE 1 Exchanize Propei- 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 instnunent 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 1° 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 41' 54' 23" East., 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet, Thence South F 10' 00" East, 99.92 feet; Thence South 88' 50' 00" West, 96.56 feet: Thence South F 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90.21 feet; Thence South 58' 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 F 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East. 5.98 feet: Thence North 1' 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North V 10' 00" West, 64.92 feet; Thence North 88150' 00" East, 55.74 feet to the Point of Beginning. Containing 2.42 acres more or less. Z,Calif-598B,C&D 7 of 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 3lvOS ON fl 14180N w � 3b1.5 •7. I � l,. m �F. N 3 „00 A L.L S � d� y � cn o i v W w co 3 00 .OL.L S ! 6 Co SZI �sd 9Z'89 0 CM Z u�` IDw w a �!KO Q In; Z � Q Y InI m m = m f.] vi w L� Co w a in o -w s al Q 'Co oo e m cs •� Z9'9L "' 3 „00 ,Ot.L 5 N wa ~ s 0 da M a # [a.►r Z I ❑ Z W ❑ W p O �rn R N Q C W OI ' nm C Liz w 7 I--J LU W v 9 L £ L 00 otz J U AA 00 ,OL.L N CQ rZ u ~ . ro1 �m 0�o o n in N J o LLJQ IC�I N ZI ZL7Z fl I � F- N u7 SO w ; N � 1Ln j Z •b o wa 6a{ 1 I j6v �1 E I 3A [ y0 HIA7HQYV' l 1 m Q1 VLl 3 w00 'OL . L 5 v3tiv 03ali40MNn �+ M1 • � 4 NT d Ln Q 6L'Z�L P-x Z6'09 0 yl M .00 .OL.L N a'r 9 o o� Soo,. ww t�os Q � `•o z❑ �8 a a MO m 86 Lr z ��O x z �Sd� —JO n .5B'ZF A „00 ,OL.1 N Z,Calif-598B,C&D 8 of 11 Replacement Property #3 — Pacific Electric Park Site Exhibit 3 SCHEDLZE 2 Replacement Properh' Replacement Property- 3 - McFadden-Oraneel 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 6: 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-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: 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, 2-Calif-598S.C&D 9 of 11 Replacement Property 93 — Pacific Electric Park Site Exhibit 3 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 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 ❑ORSEY 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. 2-Calif-598S.C&D 10 of It Replacement Property 93 — Pacific Electric Park Site Exhibit 3 I R zo L _ Y. —. v Q - oAq�o- 1✓i SQ .J F O D h~ o lco 9! — a .]+m—.M y a R ns ce CC M R 3 idG7r R A LW,� mb C5 U v W r�6,, EX y x v � a_a ❑ T o ti Lad F W Z N CD 4 Q 0 V sa I� HRC 1 U � LCy� N •G � Q s•'x YM3A V 000Froo a Iw a �q�ry ns AC�i2i2i�iCi I •3AV SS36V,43Ms j -3' H= �y a 0 O m (D G` rO `'", o I s •�. .. I I I �k � S d_ 0�-y Mnia I CNN✓ aaaa a o r 4 4 Z R R R U 1; ,,V, '�• § 133l115 a Y Al W -J }\ ti 46 v y Z,Calif-598B,C&D 11 of 11 Replacement Property #3 — Pacific Electric Park Site LR 2/1/22 Exhibit 4 RESOLUTION NO. 2022-XXX 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). 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. Resolution No. 2022-XXX Page 1 of 2 LR 2/1/22 Exhibit 4 ADOPTED this day of February 1, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: PiNessist0antityyyIttornevy AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 2 of 2 Exhibit 4 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; 6'/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 UNITED STATES OF AMERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior C'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 6ffiILacy Park Site and located at the Southwest corner of 6'h 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 purposes. 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 perpetuity as set forth in the program of utilization and plan contained in Grantor's Z,Calif-598B,C&D 1 of 10 Replacement Property #2 — tPIL.acy Park Site Exhibit 4 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 Government 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 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 holly 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. Grantor fuuther 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 #2 — Ohffiacy Park Site Exhibit 4 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 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, attorneys, 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. 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 flame 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 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 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 Z,Calif-598B,C&D 3 of 10 Replacement Property #2 — 6thIL.acy Park Site Exhibit 4 and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations dl GFR 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 laud 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. ------ ------ ------ Remainder of page intentionally left blank ---- —------- ------- Z,Calif-598B,C&D 4 of 10 Replacement Property #2 — tPIL.acy Park Site Exhibit 4 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 , 2021. Grantor. City of Santa Ana, California Lo 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 helshelthey 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 #2 — tPIL.acy Park Site Exhibit 4 Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior LM 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 truthfulness, accuracy, or validity of that document. State of California } } ss. Cotaity 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 helshelthey 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 6 of 10 Replacement Property #2 — tPIL.acy Park Site Exhibit 4 SCHEDULE 1 Exchanize Propei- 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 instnunent 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 1° 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 41' 54' 23" East., 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet, Thence South F 10' 00" East, 99.92 feet; Thence South 88' 50' 00" West, 96.56 feet: Thence South F 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90.21 feet; Thence South 58' 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 F 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East. 5.98 feet: Thence North 1' 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North F 10' 00" West, 64.92 feet; Thence North 88150' 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 — tPIL.acy Park Site Exhibit 4 3lvOS ON fl A+laoN � 3b1.5 •7. a .7`'_4`�3 M3IAl1I1rj � Il,f N 3 ..00 AL.L S a s o W Ln 4d ! ` . O� eo Ln Co S� vow o 0 rIj z u' ! d m w a_ � Ln Q lA l �I " wl N w a� o I J of Sy N; 3 „00 ,Ot.l 5 F ds W ! w iui o x i o v c+ La = I O - N 4 a O a+ e N fl ~ ; w� Lat v of W u • I wm D ~ Co 0 6 In tYll z Z[7i 0 Q V1 LI..� 4 N Q M 3 00 '01.I S a DvEk AA „00 ,OL.I N 3 y ko M O v n pp CQ A � � J v0 fl Sit ; 14 a zed i� 1 0 ssr 1pp�11 2ey.61 �V I 3A [ y0 HIA7HQYV l 1 ,08"ZU r 1t 3 w00 ,OL-L S Q M1 \,v3tiv a3aa033aNn �+ m 4 NT Q Z6'b9 W 9 S �. oo,. r7� co t�osQ t w Lr k8 a s� m -'4O z z ,5B'ZF M „00 ,OL.I N M .00 ,OL.L N m m m a CM N m O W -W f_f a Oo wz 0-1 ir rjr IX z 2 W w N O J z r— JO W L] M �J v l7 �a rrw VQ v�d •4,1 Fz O t.j m Y GJ W3 o~ z LL" zo Ju M Z,Calif-598B,C&D 8 of 10 Replacement Property #2 — tP f.acy Park Site Exhibit 4 SCHEDULE 2 Replacement Pr•opei- Replacement Property 2 - G`blLac`- Palk Site [fiom 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 SAI❑ COUNTY. APN: 398-334-04 LOT f IN BLOCK 10 OF "FRUIT'S ADDITION TO SANT A ANA", AS SHOWN ON A MAP RECORDE❑ IN BOOK 10, PAGE 34 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-334-05 2-Calif-598S.C&D 9 of 10 Replacement Property 92 — 0-,Lacy Park Site Exhibit 4 K5I=77- K L r 13�JS 3 rrs7aMu7 n73b1,VbJ � 1 i I I til � I —31��eres .rate L�ei� m Iffrrlf 4 � J33drL5 S MR � � q � $w zn� .d 11 Y M Q- ' i I'JLII! w7 � 4J 0 sa. 0� O 'o � � _ E 4 A A. srr dy.Umv i h \u7 ary � o $ I��r?S FI�DN.lSYtlV 1 1 Z� to It Th le m plMal in bcing furnished man axd in kKMrkg the herein cleacrlbed Land kn relatlon to adjolning streets, natural boLawh ies and dhe land, and is nat a survey ar 1ho land depic6cd. Erupl lv iha o�crta policy vF titlo insiranco is e7ip�eo3ty meaifie:d by or-Awwwrw; iany. the Company does nor Inst re di12hSlans, dL'1wwg, location of easements, acreage Or other Matters Scam trarmn. Omer: 02012344 Doc: 39833 MAP ASSESSOR Page 1 d 1 Fequested By: KeNn McGhee , Printnet 412V2=2W FU Z,Calif-598B,C&D 10 of 10 Replacement Property #2 — tPIL.acy Park Site LR 2/1/22 Exhibit 5 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DECLARATION OF RESTRICTIONS FOR RAITT AND MYRTLE PARK SITE (REPLACEMENT PROPERTY #1) 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 Raitt and Myrtle Park Site (also known as Replacement Property #1), 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 Raitt and Myrtle Park Site (Replacement Property #1). 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. Resolution No. 2022-XXX Page 1 of 2 LR 2/1/22 Exhibit 5 ADOPTED this day of February, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ie ssis an i y orney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers ��:i�l�[�_����]y_�i�=�'�l_��[�7►I_1►1�Z�7:7[rll�1_1���'1 I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 2 of 2 Exhibit 5 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 #1; Raitt-Myrtle 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 UNITED STATES OF AMERICA, acting by and through the Regional Director, Pacific West Region, National Park Service, U.S. Department of the Interior C'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 1.09-acres of real property known as the Raitt-Myrtle Park Site and located at the intersection of Raitt and Myrtle Streets, within the corporate limits of the City of Santa Ana, as more fully described on Schedule 2 (the "Replacement Property 1 "). For convenience, Replacement Property 1 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 purposes. 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 perpetuity as set forth in the program of utilization and plan contained in Grantor's Z,Calif-598B,C&D 1 of 10 Replacement Propeity #1— Raitt-Myrtle Park Site Exhibit 5 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 Government 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 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 holly 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. Grantor fuuther 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 Propeity #1— Raitt-Myrtle Park Site Exhibit 5 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; (b) 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, attorneys, 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 tens of this Declaration of Restrictions or from the use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or agents. 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 t11e event Grantor, its successors or assigns, fails to cure such breach within the designated time flame 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 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 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 Z,Calif-598B,C&D 3 of 10 Replacement Propeity #1— Raitt-Myrtle Park Site Exhibit 5 and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations dl 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 laud 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. - ----- ------ ------ ---- Renrainder of page intentionally left blank -------------- —----- --- Z,Calif-598B,C&D 4 of 10 Replacement Propeity #1— Raitt-Myrtle Park Site Exhibit 5 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 , 2021. Grantor. City of Santa Ana, California Lo 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 helshelthey 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 Propeity #1— Raitt-Myrtle Park Site Exhibit 5 Grantee: UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior LM 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 truthfulness, accuracy, or validity of that document. State of California } } ss. Courlty 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 helshelthey 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 6 of 10 Replacement Propeity #1— Raitt-Myrtle Park Site Exhibit 5 SCHEDULE 1 Exchanize Propei- 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 instnunent 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 1° 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 41' 54' 23" East., 5 8.24 feet; Thence North 88' 50' 00" East. 199.08 feet, Thence South F 10' 00" East, 99.92 feet; Thence South 88' 50' 00" West, 96.56 feet: Thence South F 10' 00" East, 68.26 feet; Thence South 88' 50' 00" West, 90.21 feet; Thence South 58' 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 F 10' 00" West, 132.19 feet; Thence North 88' 50' 00" East. 5.98 feet: Thence North 1' 10' 00" West, 32.85 feet; Thence North 45' 22' 3 5 " West, 25.45 feet; Thence North V 10' 00" West, 64.92 feet; Thence North 88150' 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 Propeity #1— Raitt-Myrtle Park Site Exhibit 5 3lvOS ON fl 14180N w � 3b1.5 •7. I � l,. m �F. N 3 „00 A L.L S � d� y � cn o i v W w co 3 00 ' 0 l. l S ! 6 Co SZI �sd 9Z'89 0 CM Z u�` IDw w a �!KO Q In; Z � Q Y InI m m = m f.] vi w L� Co w a in o -w s al Q 'Co oo e m cs •� Z9'9L "' 3 „00 ,Ot.L 5 N wa ~ s 0 da M a # [a.►r Z I ❑ Z W ❑ W p O �rn R N Q C W OI ' nm C Liz w 7 I--J LU W v 9 L £ l 00 otz J U AA 00 ,OL.L N CQ rZ u ~ . ro1 �m 0�o o n in N J o LLJQ IC�I N ZI ZL7Z fl I � F- N u7 SO w ; N � 1Ln j Z •b o wa 6a{ 1 I j6v �1 E I 3A [ y0 HIA7HQYV' l 1 m Q1 VLl 3 w00 'OL . L 5 v3tiv 03al140MNn �+ M1 • � 4 NT d Ln Q 6L'Z�L P-x Z6'09 0 yl M .00 .OL.L N a'r 9 o o� Soo,. ww t�os Q � `•o z❑ �8 a a MO m 86 Lr z ��O x z �Sd� —JO n .5B'ZF A „00 ,OL.1 N Z,Calif-598B,C&D 8 of 10 Replacement Property #1— Raitt-Myrtle Park Site Exhibit 5 SCHEDLZE 2 Replacement Properh' Replacement Propert-y 1— Raitt-Mv rile Park 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 443.4 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 1232 FEET THEREOF. 2-Calif-598S.C&D 9 of 10 Replacement Property 91 — Raitt-Myrtle Park Site Exhibit 5 I Im u • 4Ti M W N 4 F Imo' �y k n V11a"fN4iv 'yyyyV V>n µ � H V xxx Ms3�rn tlrl'y - A � e @I I I I e 2--a$ Id 7wrliv Q d Q C*'P� Ik£ Trl-s napfplat Is being furnis.-w-d os an old In Iocahng the here n deacnbrA Lnnd n re arlcn to adlnlning streefa. natural bouncan" and other land. a nd rs nDt a surety ul` the land depicted Except to "extent a policy of title insurance rs expreasty mnddied 4y end orae nmwt. 1 eny- ihe Company does nt:t Insure dmansan9, C6tanaze lceaib�h of ess2lneni9, acreage or avref rn mtt2rs sno vn Iher2on. flreer 52012345 Doe: 7-27 MAP ASSESSOR Page 1 et 1 Raquestea Sy' MArt fdrGhte , Prlrlted- 4127P2= 1:41 PM Z,Calif-598B,C&D 10 of 10 Replacement Propeity #1— Raitt-Myrtle Park Site