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HomeMy WebLinkAboutMETROLINK (SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY)per qlllff SHE - = M M F.11 0 1 DAVVY1 M I a 0 1 :4 OWN tie] a IM MA MAI I ME% Southern California Regional Rail Authority Attn: Francisco Oaxaca 700 South Flower Street, 26th Floor Los Angeles, CA 90017 Fee Exempt Recording (Government Code §6103) RECITALS This Agreement is entered into on 1 2004, by and between City of Santa Ana, a municipal corporation of the State of California (hereinafter referred to as "GRANTOR"), and the Southern California Regional Rail Authority, a body corporate and politic (hereinafter referred to as "GRANTEE"). A. GRANTOR is the owner of certain real property located adjacent to the westerly side of the Orange County Transportation Authority Operational Railroad Right - of -Way on Lincoln Avenue, between Fairhaven Avenue and Seventeenth Street, in the City of Santa Ana, County of Orange, State of California, as is hereinafter described as the Subject Property. The Subject Property is more particularly described and depicted in Exhibits "13-11" and "B-2" attached hereto and made a part hereof. B. GRANTEE plans to acquire property rights and construct improvements for the operation of a second main track immediately adjacent to and west of the existing single railroad track from approximately La Veta Avenue in the City of Orange and south to Seventeenth Street in the City of Santa Ana. Construction would include 1.8 miles of second main track, a ,second railroad bridge over Santiago Creek, construction of a barrier along the east side of Lincoln Avenue and any necessary utility relocations (hereafter refe" red to as the "PROJECT"), C. GRANTOR and GRANTEE have entered into that certain unrecorded Settlement Agreement dated January 6, 2003, which in part requires GRANTOR to transfer an easement over certain real property to GRANTEE for the PROJECT. 1. The GRANTOR hereby grants to the GRANTEE an easement and right of way to establish, construct, reconstruct, operate, maintain and use railroad trackage and related or incidental use;; (hereinafter collectively referred to as "railroad"), through, on and along that certain real property (hereinafter referred to as "Easement Area") described and depicted in Exhibits "B-1" and "B-2" attached hereto and made a part Agreement B hereof. The term "related or incidental uses" is limited to the construction of improvements and/or changes made to the Easement Area required to efficiently and effectively provide railroad use: To have and to hold unto the GRANTEE. for the object and purpose of constructing, reconstructing, operating, maintaining and using thereon a railroad and appurtenances thereto. GRANTEE's railroad easement and right-of-way shall be exclusive over the surface of the Easement Area, except for such portions of the Easement Area described in Exhibits "13-3," "13-4," and "B-5" for which GRANTEE's right shall be non-exclusive. . 2. The parties to this Agreement anticipate that the GRANTEE's needs and requirements relating to the use of the easement granted in this Agreement may change in the future as a result of technological improvements and/or economic conditions. Consequently, the parties agree that GRANTEE's use of the easement for railroad transportation may change, and that GRANTEE may change or increase GRANTEE's use of the easement to accommodate and facilitate the "related or incidental uses" as described herein, provided that any new use does not unreasonably increase the burden on the servient tenement and the easement continues to be used for railroad use. 3. By acceptance of this Easement Agreement, GRANTEE agrees that this grant is subject to the following express limitations: a. No construction shall be commenced within said Easement Area without prior written notification to the Executive Director of Public Works of the City of Santa Ana or designee (hereinafter referred to as "DIRECTOR") and, if necessary, a permit for construction has been issued by GRANTOR. GRANTOR agrees that application for permits shall be reviewed within a reasonable time following receipt thereof, and that approval will not be withheld without good cause. b. GRANTEE shall have the right to undertake work on gutters, curbs and sidewalks as may interfere with said improvements. However, any excavation shall be made in such a manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and the earth so removed shall be replaced and the surface of the ground and any improvements (including without limitation to gutters, curbs and sidewalks) and/or landscaping around such excavation damaged shall be promptly restored by GRANTEE (including, if necessary, re -striping of Lincoln Boulevard) at its sole expense to the same condition as existed prior to excavation and improvement, to DIRECTOR's satisfaction. c. All improvements constructed or placed in the Easement Area by GRANTEE shall be operated and maintained at no cost to GRANTOR and GRANTEE shall maintain said improvements in a good state of repair. -2- Agreement B d. GRANTEE shall hold GRANTOR harmless from any loss for damages resulting from the inadequacy of the design, construction, operation and/or maintenance of any permanent or temporary improvements constructed by GRANTEE within the Easement Area. GRANTEE shall indemnify, defend with counsel mutually accepted by GRANTOR and GRANTEE, and hold GRANTOR, its elected and appointed officials, agents, officers and employees harmless from any and all penalties, liabilities, or losses resulting from claims or court action arising directly or indirectly out of any damage or injury to persons or property by reason of the actions or omissions of the GRANTEE, its employees, agents, and/or contractors in exercising any of the privileges herein granted or in consequence thereof. e. GRANTEE covenants for itself, its successors and assigns that should GRANTEE file for abandonment or discontinuance of service of the rail line with the Surface Transportation Commission (or other applicable regulatory authority), and complies with all applicable laws, rules and regulations, and said abandonment or discontinuance is approved, and Grantee thereafter ceases to use this easement for a continuous period of eighteen (18) months for the purposes stated herein, then all rights granted in this easement shall terminate. GRANTEE upon written request shall execute and deliver to GRANTOR a Quitclaim Deed to all rights granted herein at no cost to GRANTEE. f. GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs or is discovered as a result of GRANTEE's use of the Easement Area, then GRANTEE shall indemnify, defend, and hold GRANTOR, and its elected or appointed officials, officers, employees, and agents harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, consultant fees, and expert witness fees) which arise during or after GRANTEE's use of the Easement Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by GRANTOR in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material in the soil and/or ground water in, on, or under the Easement Area, but only to the extent that GRANTOR's liability for said costs arises solely out of its mere ownership of the Easement Area. GRANTOR is not, by the provisions of this paragraph, released from any liability which would otherwise be imposed by law for GRANTOR', release, disposal or placement of Hazardous Material in the soil and/or groundwater in, on, or under the Easement Area. GRANTEE shall promptly take all action, at its dole cost and expense, as is necessary, to clean, remove, and restore the Easement Area to its condition prior to the introduction, if any, of Hazardous Material by GRANTEE, provided that GRANTEE shall first have obtained GRANTOR's written approval and any necessary approval from the appropriate governmental agencies. -3- Agreement B As used herein, the term "Hazardous Material" sans any substance, material, or waste which is or becomes, regulated by the State, or the United States, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control La25117 or 25122.7, or listed pursuant to Section 25140 of the Californw}, (ii) defined as aia Health and "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material, hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, vii Polychlorinted 14 methyl tertiary butyl ether, (ix) listed under Article 9 or defined s" "hazardous" or (viii} extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of t date first above written, he ATTEST;---- PATRICIA E. HEALY Clerk of the Council SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY David R. Solow Chief Executive Officer CIT SA ANA DAVID N. REAM City Manager Agreement 13 APPROVED AS TO FORM: JOSEPH W, FLETCHER, City Attorney of Santa Ana LLOYD W. PELLMAN, County Counsel Helen Parker, Principal Deputy County Counsel Principal Deputy County Counsel Attorneys for Southern California Regional Rail Authority -5- Agreement B STATE OF CALIFORNIA) COUNTY OF ) ss ACKNOWLEDGEMENT On , 2004, before me Personally appeared a Notary Public, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to that she executed the same in her authorized capacity, and that by her signature on thene instrument the person, or the entity upon behalf of which the person acted, executed instrument. the WITNESS my hand and official seal. Signature STATE OF CALIFORNIA) COUNTY OF ) ss On ACKNOWLEDGEMENT 2004, before me personally appeared a Notary Public, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signaturethe on instrument the person, or the entity upon behalf of which the person acted, executed d the WITNESS my hand and official seal. Signature Wes Agreement B SHEET I OF 4 SHEETS PARCEL I FAIRHAVEN TO SANTA CLARA, CITY OF SANTA ANA THAT PORTION OF LOT 4, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, ,PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF FAIR -HAVEN AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY) AS SHOWN ON PARCEL MAP FILED IN BOOK 19, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 89'01'39" WEST, 13.64 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTH 00028'37" EAST, 124.31 FEET; THENCE SOUTH 00059'33" WEST, 1764.29 FEET; THENCE SOUTH 01°00'27" WEST, 281.32 FEET TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF SANTA CLARA AVENUE AS SHOWN ON TRACT 4531, AS PER MAP FILED IN BOOK 161, PAGES 20 AND 21, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 88°57'04" EAST, 14.95 FEET ALONG SAID WESTERLY PROLONGATION TO SAID WESTERLY RIGHT OF WAY LINE AS SHOWN ON SAID TRACT 4531; THENCE NORTH 00°59'08" EAST, 776.13 FEET ALONG SAID WESTERLY RIGHT OF WAY LIME TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID TRACT 4531; THENCE NORTH 88°57'20" WEST, 2.45 FEET ALONG SAID WESTERLY PROLONGATION AND SAID RIGHT OF WAY; THENCE NORTH 00°54'54" EAST, 1393.76 FEET CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. ALL DISTANCES EN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAEN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0,999981722. CONTAINS 27,599 SQUARE FEET MORE OR LESS. (�f- -,-4 CALVIN L. YOSI-14TXKE LS 5622 EXPIRES DUNE 30 2001 % 3 /c74 DATE CALVIN L. Y SHITAKE EXP. JU NE , '9 No. 5822 / 7) CAk A ahiI4'41imce,au JngnrFums U3 frh lmcoin 'lid nu in :rl �cJtsc-;hlcs P 1R'"r;_i,:.I\(()L�' d' ' _? )4 4 ;o 11Sl EXHIBIT "B-1 ' SHEET 2 OF 4 SHEETS ti I FD CSA WELL MON PER CL TIES 1 WLY LINE OF O.C.T.A. R/W io I FD BOLT SPIKE---,!' PER CL TiES PARK AVENUE 1.1 C.T.A. R/W q0l I � Lij a w cl 1 II z �3 O Z rn FD BOLT SPIKE-----,J 0. I`„° 1 PER CL TIES rn S89'05'05"E, 0,07' �+ VIRGINIA AVENUE • W !� �17 Lp O { z { I I i< I, i PARCEL I FAIRHAVEN TO SANTA CLARA IN THE CITY OF SANTA ANA FAIRHAVEN AVENUE .0.B. S89'01'39"E 380.28' W D Z LLJ Q 0 O V) a w FD BOLT SPIKE PER CL TIES SCALE I" = 100' LINE TABLE LINE BEARING LENGTH Li N$ ' 1'39"W 13,64 7' "W 2,45 L3 S88'57'04"E 14,95 7 i i •=1 hl 1 � MATCHLINE EXHIBIT "B-1" J)MLLl J UV 't �nL� z SEE SHEET 2 —PARCEL 1 FAIRHAVEN TO SANTA CLARA IN THE CITY OF SANTA ANA ru SOLT SPIKE SCALE 1" 10p PER CL TIES ri GROVEMONT AVENUE i �2 _f_, L,C,7 sm cV W � w � Mry l n (]` ! � La o I' Zv�� �J `1; N w � ;o 0 z I LINE OF O.C.T.A. R/W �I FD SOLT SPIKE I PER CL TIES I I JOANA AVENUE J ! D z I I I w >� Q ; 2" iP w/WOOD PLUG & TAG ZLS 2921, LEANING 0.1'+/- SELY rFD i1 NORTH LINE TRACT 4531, MM 161/20-21 w ` m i rnn I Z 1 ATCHUNE SEE SHEET 4 `u E: SEE SHEE7 2 FOR TABLED COURSES FXHIBIT "B-1" SHEET 4 OF 4 SHEETS T FD BOLT SPIKE I PER CL TIES���� CHERRY AVENUE I PARCEL 1 FAIRHAVEN TO SANTA CLARA IN THE CITY OF SANTA ANA O.C.T,A. R/W �-�. L.x l < h I n C.D FD SALT SPIKE PER Cl TIES I o I IIII �� BEECHWOOD STREET I" � � 9 / 20-21 FD BOLT SPIKE I . PER CL TIES S89'05' 10"E, 0.06' ASPEN AVENUE L3 FD BOLT SPIKE PER CL TIES I SCALE 1" = 10O 'r Q WLY LINE CF O.C.T.A. R/'N SANTA CLARA AVENUE 588'S7'04"E 638,03' CL ESTAB PER t CSATB 10/104 SHEET 1 OF 4 SHEETS PARCEL 2 SANTA CLARA TO SEVENTEENTH STREET, CITY OF SANTA ANA THAT PORTION OF LOT 5, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SANTA CLAR.A AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY) AS SHOWN ON TRACT 4528 AS PER MAP FILED rN 300K 162, PAGES 3 AND 4 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 88°57'04" WEST, 13.53 FEET ALONG THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE; THENCE SOUTH 01000'27" WEST, 1279.82 FEET; THENCE SOUTH 01°02'07" WEST, 49.99 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 17,180.23 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 88°54'33" EAST; THENCE SOUTHERLY, 190.59 FEET ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00038'08"; THENCE SOUTH 01"46'56" WEST, 49.99 FEET, THENCE SOUTH 01°48'36" WEST, 524.45 FEET TO THE CENTERLINE OF LINCOLN AVENUE; THENCE SOUTH 00057'03" WEST, 466.00 FEET ALONG SAID CENTERLINE TO THE EASTERLY PROLONGATION OF THE NORTH LINE OF SEVENTEENTH STREET AS SHOWN ON PARCEL MAP AS PER MAP FILED IN BOOK 49, PAGE 27 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 88°47'46" EAST, 8.58 FEET ALONG SAID WESTERLY PROLONGATION TO SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 0I°49'23" EAST, 1004.09 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE WESTERLY PROLONGATION OF THE SOUTH LINE: OF TRACT 5910 AS PER MAP FILED IN BOOK 217, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 88047'33" EAST, 1.13 FEET ALONG SAID WESTERLY PROLONGATION AND SAID RIGHT OF WAY; THENCE NORTH 00°57'03" EAST, 1557,82 FEET CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGPNNING, ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID, TO 013TAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0,999981722, CON'I'ArN, S 36,592 SQUARE FEET MORE OR LESS. CALVIN L. YOSHITAKE LS 5622 EXPIRES DUNE 30, 2004 � /2- g DATE Cie-, C CALVIN L. Y HITAKE EXP. ,TUNE 30, No. 5822 /_'7') Asahi14 dpnicc dau Jmpmrhams LA tih IIIwOhl : nJ unrl uk Jcll%crib ic} •.?-:: R i� 1RC i.: \CCI_." Jex ' "i 04 1 d' I'll JI ILi..V G VI 'T JI 1L,Ll. 4 SANTA CLARA AVENUE S88'57'04"E 638.03' CL ESTAS PER i t,plA c U 14620 CSATB 10/104 LY LINE OF O.C.TA. R/W I FD PER CSATEI ti SANTA CLARA AVENUE F BOLT t, S89'02'57"E--7, 0,20' FD 1 "IP LS 2210 f 1'. 1 i �IIAA. 4182 / 341t I I TRACT 5010 PARCEL. 2 I I SANTA CLARA TO SEVENTEENTH j IN THE CITY OF SANTA ANA 1 BUFFALO AVENUE -- - S89 02 57SE o 24 w I z w N Q a? Lo Z� LINE TABLE LINE BEARING LENGTH Li N88'57'04"W 13.53 L2 S88'47'33"E 1.13 L3 S88'47'46"E 8,58 L4 S88'47'46"E 6.99 L5 S01*46'56"WI 49.99 L6 SQ 1 '02'0 7Wj 49.99 ASPEN AVENUE II LL FO BOLT SPIKE ' LI PER CL TIES 1. f O !: Z o, i I of i ul I I I i i j f I . I I � � I MATCH AE SEc Sn E 3 'Janke Oa!o1FT? ircafn 2nd mein trkgc1c_ JY ereen\'�nper' \';rPAP2 jw^ -_.-- •_ SCALE 1 " = 100' EXHIBIT "B-2" SHEET 3 OF 4 SHEETS MATCHLINE FD 1 " fP LS 2210 1 `v oo S89'02'57"E, 0.15' h� w r- a l CATALINA AVENUE -- -- ,01 _. zl FD t " IP LS 2210 / o� S89'02'57"E, 0.12' �n N 3 N O I� C7 � S88'54'33"E (R) TWENTY FIRST ST I.1J z SEE SHEET 2 od©�� �q� O� ��Q QO� 0 SCALE 1" = 100' TRACT 5910 PARCEL 2 SANTA CLARA TO SEVENTEENTH IN THE CITY OF SANTA ANA �O.C.T.A. R/W I 10 R=17,180.23 DELTA=0'38'08" � f L=190.59' w Q MI 21 7/g-50 J z U FD 1 " IP LS 2210 FD 1 ,5" IP RE 561 z S88'47'33"E, 0,08' TWENTIETH STREETI o FD SPK & CSA T PER CSATB 10/1' Lo tr- el N N Ln N b o 0) co o I NOTE; SEE SHEET 2 FOR TABLED COURSES MATCHLIN SEE SHEET 4 EXHIBIT "B-2" MATCHLINE SEE SHEET 3 i NINETEENTH STREET ik FD SPK 70.12- I PER CSA S89'02'S 3 a SCALE 1 " 100' uo � oI EIGHTEENTH STREET N ~(:c; N a� FD SPK & CSA TAG PER CSAT8 9/155 S89'02'57"E, 0.14' zi O 40 moms n CD z i ( 44 . � I ' PARCEL 2 SANTA CLARA TO SEVENTEENTH z IN THE CITY OF SANTA ANA O ,RFD 1-1/2" IP LS 2210 CL ESTAB PER — 3 CSAT9 9/163 FD CSA WELL MON VENTEENTH STREET Naa•31'0�4"W 550.26' 1 FD SPK CSA W N88'47'46"W 1304.73' ac FD SPK do WASHER -� PER CSATB 11/257 �-- 1 LJ ; P— Q f z ©� Cr Li NOTE: SEE SHEET 2 FOR TABLED COURSES + VtAIMIT "R..7" a SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION SANTA CLARA AVENUE (,NORTH), CITY OF SANTA ANA THAT PORTION OF LOT 4, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED N BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SANTA CLARA AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY) AS SHOWN ON TRACT 4531, FILED IN BOOK 161, PAGES 20 AND 21, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 00°59'08" EAST, 10.47 FEET ALONG SAID WESTERLY LIME; THENCE NORTH 81"05'09" WEST, 15.09 FEET; THENCE SOUTH 01000'27" WEST, 12.54 FEET TO THE WESTERLY PROLONGATION OF SAID NORTHERLY LFLNE OF SANTA CLARA AVENUE; THENCE .SOUTH 88'57'04" EAST, 14.95 FEET ALONG SAID NORTHERLY LrNE OF SANTA CLARA AVENUE TO THE POINT OF BEGNNNG. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0,999931772. CONTAIN'S 172.01 SQUARE FEET MORE OR LESS. CALVIN L. YOSHIT LS 5622 LIALVINL.E\P1R> S JUNE 30, �004 "Z-/11 /o d- DATE OF C ON, AKE D:Janicc dataldmjm-hams LB',CRET,fairhavcn north lecals`•SANTA_CLAIL•�_NORTH,doc 2/10/04 EXHIBIT "B-3" FD CSA WELL MON PER CL TIES SCALE 1' - 50' NUMBER 1 BEARING DISTANCE Li N 00'59'08" E 10.47' L2 N 81'05'09" W 15.09' L3 S 01'00'27" W 12.54' La S 88'57'04" E 14.95' FD BOLT SPIKE --- PER CL TIES S89'05' 10"E, 0.06' ASPEN AVENUE SHEET 2 OF 2 SHEETS FAIRHAVEN AVENUE S89'01'39"E 3B0.28' I p FD 80ET SPIKE U L) PER CL TIES Z V) � ¢ LIJ in I co 'P N I �'p . LIJ Z� ✓ Li A� ,31C 7 1 J %12 r O o.c.r.A. R/W WLY LINE OF O.C.T.A. R/W I L2 POB J J I A SANTA CL.ARA AVENUE S88'57'04"E 638.03' CL ESTAB PER CSATB 10/104 d t ^0~ e 4 p— 9 0. 0 CITY OF SANTA ANA, CALIF. CRET\LINCOLN\LEGAL\L7ncSantaClorcl.axq 02/04/04 EXHIBIT "13.3" SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION SANTA CLARA AVENUE (SOUTH), CITY OF SANT ANA THAT PORTION OF LOT 5, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, N THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SANTA CLARA AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY) AS SHOWN ON TRACT 4528 AS PER MAP FILED IN BOOK 162, PAGES 3 AND 4 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 33057'044" WEST, 13.53 FEET ALONG THE WES"i ERLY PROLONGATION OF SAID SOUTHERLY LNE; THENCE SOUTH 01°00'27" WEST, 7.30 FEET; THENCE SOUTH 83059'344" EAST, 13,54 FEET TO SAID WESTERLY LNE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT. OF WAY; THENCE NORTH 00°57'03" EAST, 7.79 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGIWNG. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0,999981722. . CONTAINS 105.49 SQUARE FEET MORE OR LESS. CALVN L. YOSHITAn LS 5622 EXPIRES JUNE 30, 210 2-/1 t104 DATE CALMN L. Y AK£ * EXP. Jl1NE 0, 4- \`��'_ No. 5822 C AL D:%janice dataldmjm-harris I-MCR.E Rfairhaven north le8alslsanta_clara_south.doc 2/10/04 EXHIBIT "B-4" SCALE 1' - 50' FD BOLT SPIKE -- PER CL TIES S89'05' 10"E, 0.06' ASPEN AVENUE FO BOLT SPIKE PER CL TIES NUMBER BEARING DISTANCE L1 N 88'57'04" W 13.53' L2 S 01'00'27" W 7.80' L3 S 88-59*34" E 13.54' L4 N 00'57'03" E 7.79' CL ESTAB PER CSATB 9/183 FO CSA WELL MON N88'31'04"W 5,50.2g� 1— V) H (Z 0 a ILL. CITY OF SANTA ANA, CALIF. CREr\UNCOIN\LEGAL\LinaSantaCloro2.dwq 02/04/04 L�1 QI Z, of z_' J L I z Q z o 0I Z J 50 SHEET 2 OF 2 SHEETS Ile O.C.T.A. R/W Q� o� �a WLY LINE OF O.C.T.A. R/W CL ESTAB PER = CSATB 10/104 Q SANTA CLARA AVENUE -POB -�--� _. N88'57'04'WN 638,03' WILY LINE OF O.C.T.A. R/W w _ '�^_+r •\ a \7��V SEVENTEENTH STREET N8$'47'46"W 1304.73'^ FD SPK do WASHER PER CSATB 11/257 Ljj QI 0 z 0 EXHIBIT "B-4" i T SHEET 1 OF 2 SHEETS PARCEL I FAIRHAVEN AVENUE (SOUTH), CITY OF SANTA ANA THAT PORTION OF LOT 4, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF FAIRHAVEN AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY) AS SHOWN ON PARCEL NIAP FILED IN BOOK 19, PAGE 25 OF PARCEL NIAPS, RECORDS OF SAID COUNTY; THENCE NORTH 89001'39" WEST, 13.64 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTH 00023'37" EAST, 16.03 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 61023'25" WEST; THENCE NORTHEASTERLY, 20.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26004'18" TO SAID WESTERLY RIGHT OF WAY LINE, THENCE NORTH 00"54'54" EAST, 0.68 FEET ALONG SAID WESTERLY LIVE TO THE POINT OF BEGINNING. ALL DISTANCES Iv THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0.999981722, CONTAINS 9S.35 SQUARE FEET NIOR.E OR LESS. C O CALVIN L. YOSH1 LS 5622 CALVIN L. S TAKE EXPIRES DUNE 3 20 4 " EXP. JUNE 44 ° -�/IIZ04 s9�� No. 5E22 0�=� DATE 0Cp-\F D:Ijanice dataldmjm-hams I-MCRET'1,airhavcn north legaksITAIRHAVEN_SOUTH..doc 2/10r04 EXHIBIT "B-5" I / FD CSA WELL MON PER CL TIES SCALE 1" 50' FD SOLT SPIKE PER CL TIES PARK AVENUE SHEET 2 OF 2 SHEETS FD BOLT SPIKE \ PER CL TIES S89'01'39"E 380.28' A� FAIRHAVEN AVENUE P.M. L1 c; 2 L3 v'u ?JCS � �}•, �J Li f� w WLY LINE OF O.C.T.A. R/W z w w C.T.A. R/W > (A `L o �CJ� O u-) C�1�Jl {> cti N ! �� ! ry CITY OF 5AN TA A.NA, CALF. Cret \Lincoln \Leg al \Lin cFairh avtnI.dwg 02/05/04 NUMBER BEARING DISTANCE L1 N 89'01'39" W 13,64' L2 S 00'28'37" E 16.08' L3 N 00'54'54" E 0.68' NUMBER I DELTA RADIUS LENGTH C1 26'04'18" 145.00 20.48 SIrJ ,,-J V��N�CJ �y i'. LL] D z LLJ a 0 O v) Q Lra EXHIBIT "B-5"