HomeMy WebLinkAboutMASCOLI, THOMAS JOHN AND WENDY ANN N-2025-048
INSURANCE NOT REQUIRED
WOK MIN PROCEED
CITY CLERK
RIGHT-OF-WAY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT
DATE: MAR 1 9 2025 Bristol Street Widening Improvement Project
Phase 4(between Warner Avenue and St. Andrew Place)
D' V14,UZ) 'IThomas John Mascoli and
JGfon ljii&J *Wendy Ann Mascoli trustees
Mascoli Family Trust Dated 9-12-13
GRANTOR
1305 W. Carlton Place
Santa Ana. CA 92707
APN: 408-332-19 (old -17)
PROPERTY ADDRESS
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this contract
constitutes the entire consideration for the Temporary Construction Easement described below for the
above-referenced project and shall relieve the City of Santa Ana ("City") of all further obligation or
claims on account of the location,grade or construction of the proposed improvement.
2. The City shall pay the undersigned grantor(s)the sum of $4,400 for this Temporary Construction
Easement.
3. Permission is hereby granted to City or its authorized agent to enter upon grantor's land where
necessary, within that certain area legally described and shown in Exhibit"A"and "B"attached hereto
and made a part hereof, for the purpose of work associated with removal, re-grading, and
reconstruction of the area ("Work") as necessary to match the elevations of the new cul-de-sac
improvements constructed as part of the Bristol Street Widening Project—Phase 4.
4. The undersigned grantor(s) warrant(s)that they are the owner(s) in fee simple of the property affected
by this Temporary Easement as described in section 3 above and that they have the exclusive right to
grant this Temporary Easement.
5. The parties to this contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations,
comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title
VI and the Code of Federal Regulations is to complete the USDOT Non-Discrimination Assurance
requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28
C.F.R. Section 50.3.
6. Further, no person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in. be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity that is the subject of this contract.
7. The acquisition price of the property being acquired in this transaction reflects the fair-market value
of the property without the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous waste, which requires mitigation under Federal or State
Page I of 4
law, the City may elect to recover its cleanup costs from those who caused or contributed to the
contamination.
8. In consideration of the City's waiver of any defects and imperfections in the record title, the
undersigned grantor covenants and agrees to indemnify and hold the City harmless from any and all
claims that other parties may make or assert on the title to the premises. The grantor's obligation
herein to indemnify the City shall not exceed the amount paid to the Grantor under this contract.
9. City agrees to indemnify and hold harmless the grantor from any liability arising out of City's
operations under this contract. City further agrees to assume responsibility for any damages
proximately caused by reason of City's operations under this contract and City will, at its option,
either repair or pay for such damage.
10. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the amount shown in Clause 2 above includes full payment for the Temporary Construction Easement
described in section 3 above for a period of 18 months commencing on April 1, 2025 and
terminating on October 1, 2026. This easement may also be terminated prior to October I, 2026 by
the City upon written notice to the grantor. At least 48 hours advance written notice will be given
before any entry on grantor's property. The right of possession and use of the subject property by
the City, includes the Work described in Section 3 and shall conform to Section 14.
Written notification shall be given to the owner at:
Thomas John Mascoli and
Wendy Ann Mascoli, Trustees
20831 Sparkman Lane
Huntington Beach, CA 92546-6525
Verbal communication with the owner shall be at telephone number(714) 965-6251.
In the event owners need to provide written notification to City for information changes or property
transfers, the owner shall notify the City in writing of such occurrence at:
City of Santa Ana
Attn: Executive Director of Public Works
20 Civic Center Plaza, M-36
P.O. Box 1988
Santa Ana, CA 92701
Verbal communication with City shall be at telephone number (714 647-5631.
1 I. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the amount shown in Clause 2 above includes full payment for the right of possession and use of the
Temporary Construction Easement.
12. The grantor agrees that no improvements other than those already on the Temporary Construction
Easement, shall be placed thereof; and the planting of any crops, trees, or shrubs, or alterations, repair,
or additions to existing improvements which may hereafter be placed thereon are at grantor's sole risk
and without expectation of payment if removed by the City.
Page 2 of 4
13. It is understood and agreed that in the event the grantor plans to sell, lease,or rent the grantor's
property prior to the earliest of the completion of the project or the final expiration date of this
Temporary Construction Easement, the grantor shall inform, in writing, any and all parties involved in
said sale, lease, or rental, otthis Temporary Construction Easement and associated construction
project by the City.
14. All work done under this contract shall conform to all applicable building, fire and sanitary laws
ordinances, and regulations relating to such work, and shall be done in a good and workmanlike
manner.
15. Existing improvements located within the temporary construction easement area include concrete
paving, brick planter curbing, inground irrigation system, and landscaping items. The listed
improvements and other structures, improvements or other facilities within the temporary
construction easement area, when removed, relocated, or reconstructed by the City, shall be left in as
good condition as found.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
Page 3 of4
In WITNESS WHEREOF,the parties have executed this contract the day and year first above written.
GRANTOR
Nji) Date: 26i ZeS,�
Thomas John Masco
Trustee
By: 01-4-t o(t (LW-4AZ)t'''e7-4. Date: OGL;")c_.;
Wendy Ann Masco
Trustee
City of Santa a
/ Date: 3 1 3/)-0
Alvaro Nunez
I
City Manager
Attest:
rit
%' ,° Date:
nnifer . Hall
City C r-
Approved as to Form:
%< ��s-r Date: January 8, 2025
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
1�k G Date: 2-Le/a-q
g"--Nabil Saba. P.E.
Executive Director
Public Works Agency
Page 4 of 4
EXHIBIT'A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES—AP No.408-332-17
BEING A 6.00 FOOT STRIP, IN THE CITY OF SANTA ANA,COUNTY OF ORANGE,STATE OF
CALIFORNIA,SAID STRIP BEING A PORTION OF LOT 74 OF TRACT NO.2209,PER MAP RECORDED IN
BOOK 64,PAGES 25 AND 26 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,THE SOUTHERLY LINE OF SAID STRIP BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING A TIlE INTERSECTION OF CARLTON PLACE AND BRISTOL STREET,AS SAID
INTERSECTION IS SHOWN ON SAID MAP;
THENCE,ALONG SAID CENTERLINE OF CARLTON PLACE,NORTH 88°13'46"WEST, 160.76 FEET;
THENCE,PERPENDICULAR TO SAID CENTERLINE,NORTH 1°46'14"EAST,30.00 FEET,TO A POINT
ON THE SOUTH LINE OF SAID LOT 74,SAID POINT BEING ON A NON-TANGENT CURVE,CONCAVE
NORTHWESTERLY,HAVING A RADIUS OF 95.00 FEET,A RADIAL LINE OF SAID CURVE RUNNING
TIIROUGTI SAID POINT HAVING A BEARING OF SOUTH 20°2I'47"EAST,SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING;
THENCE,NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A
CENTRAL ANGLE OF 9°05'55"TO A POINT OF REVERSE CURVATURE,SAID REVERSE CURVE BEING
CONCAVE SOUTHERLY,WESTERLY,AND NORTHERLY,HAVING A RADIUS OF 43,00 FEET;
THENCE,EASTERLY,SOUTHERLY,AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF
181.97 FEET THROUGH A CENTRAL ANGLE OF 242°27'52"TO A POINT OF REVERSE CURVATURE,
SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 95.00 FEET;
THENCE,NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A
CENTRAL ANGLE OF 9°05'55"TO A POINT IN THE NORTH LINE OF LOT 71 OF SAID TRACT,SAID
POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN.
THE NORTHERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE
EASTERLY IN THE EAST LINE OF SAID LOT 74 AND WESTERLY IN THE WEST LINE OF SAID LOT 74.
CONTAINING AN AREA OF 352 SQUARE FEET,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT B',ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS,CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD,
AND RIGHTS OF WAY, IF ANY.
TTIIS DESCRIPTION HAS BEEN
PREPASEPTRED
BY ME 1O5N ti� , 1JCNR S�,�`O
ANTHONY C.CUOMO,PLS 6042 v o��
Anthony/ .Cuomo
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When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza,M-30
Santa Ana, California 92701
Free recording requested by
I'I Hi CITY OF SANTA ANA PER SPACE ABOVE TINS LINE FOR RECORDER'S USE
CiOVERNMENI CODE SECTION 6103.
(AWE!. APPROVED AS TO APPROVED BY DESCRIP[ION OESCRIPT ION A P N tW MAP PROJECT
TAXES rOR.I BY AITY DIRECTOR WRITTEN BY CI IECKERO K I08-332-19 NUMBER NUMBER
(formerly AI'N 408-332-1?)
1305 W Carlton Place.Santa Ana,CA 92707 DEED NUMBER
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
Thomas John Mascoli and Wendy Ann Mascoli,trustees of the Mascoli Family Trust Dated 9-12-13("Grantor")
Do Hereby Grant to the CITY OF SANT A ANA ("City"), a charter city and municipal corporation duly
organized under the Constitution and laws of the State of California, its employees, agents, representatives,
contractors, successors and assigns, a temporary and exclusive easement for construction of the Bristol Street
Improvement Project between St. Andrew Place and Warner Avenue -- Phase 4, in, on, over, under, and across that
portion of Grantor's Property more particularly described in Exhibit "A"and depicted in Exhibit "13",
The term of the easement described herein will commence on April 1, 2025 and terminate on October 1, 2026 The
rights may also be terminated prior to the above date by the City upon notice to Grantor.
Thomas John Mascoli and Wendy Ann
Mascoli,trustees of the Mascoli Family
Trust Dated 9-12-13
Dated : ! 2 e0 13l: -
Thomas John Mascot,
Dated : 2—` �2�9c�2 _-- "�� /..Q,ULC�JL(,, - 1L-t1/f 4�!!//�CLC1�27-
/ % (duly Ann Masciol
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 CR): Eornic- )
)
COUNTY OF 0 rrAn ye )
On Uesdivah lei P' ,2025
,before me, &)twin Th2jes,ncJrn Pores- ,Notary Public,
personally *eared, T hoyhr%,S 3ek ivitxScoi: 000 Gfewot An Sh
who proved to me on the basis of satisfactory evidence to be the/persoi s whose name&is ar
subscribed the within instrument nd acknowledged to m that he/she he executed the same
in his/he itauthorized capacity ies and that by his/her thei signatur s on the instrument the
person]or the entity upon hehal o which the persot0 a ed, 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 myr hand and official seal.
Signature (seal)
y '-` EDWIN A4EJANDRO FLORES ■
.. r;. Notary Public.California ll
J K;%' Orange County
'+j Commission 8 2481275
My Comm.expires Feb 5,2028
EXHIBIT 'A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES—AP No.408-332-17
REIN(.;A 6.00 FOOT STRIP,IN THE CITY OF SANTA ANA,COUNTY OF ORANGE,STATE OF
CALIFORNIA,SAID STRIP BEING A PORTION OF LOT 74 OF TRACT NO.2209,PER MAP RECORDED IN
BOOK 64,PAGES 25 AND 26 OF MISCELLANEOUS MAPS,TN THE.OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,THE SOUTHERLY LINE OF SAID STRIP BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING A TILL INTERSECTION OF CARI.TON PLACE ANT)BRISTOL STREET,AS SAID
INTERSECTION IS SHOWN ON SAID MAP,
THENCE,ALONG SAID CENTERLINE OF CARLTON PLACE,NORTH 88°I3'46"WEST, 160.76 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE,NORTH l°46'14"EAST,30.00 FEET,TO A POINT
ON THE SOUTH LINE OF SAID LOT 74,SAID POINT BEING ON A NON-TANGENT CURVE,CONCAVE
NORTHWESTERLY,HAVING A RADIUS OF 95.00 FEET,A RADIAL LINE OF SAID CURVE RUNNING
THROUGH SAID POINT HAVING A BEARING OF SOUTH 20`21'47"EAST,SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING;
THENCE,NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A
CENTRAL ANGLE OF 9°05'5S"TO A POINT OF REVERSE CURVATURE,SAID REVERSE CURVE BEING
CONCAVE SOUTHERLY,WESTERLY,AND NORTHERLY,HAVING A RADIUS OF 43.00 FEET;
THENCE, EASTERLY,SOUTHERLY,AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF
181.97 FEET THROUGH A CENTRAL ANGLE OF 242°27'52"TO A POINT OF REVERSE CURVATURE,
SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 95.00 FEET;
THENCE,NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A
CENTRAL ANGLE OF 9°05'55"TO A POINT IN THE NORTH LINE OF LOT 71 OF SAID TRACT,SAID
POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN.
THE NORTHERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE
EASTERLY IN THE EAST LINE OF SAID LOT 74 AND WESTERLY IN THE WEST LINE OF SAID LOT 74.
CONTAINING AN AREA OF 352 SQUARE FEET,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT'B', ATTACHED TTERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS,CONDITIONS, RESTRICTIONS,RESERVATIONS, EASEMENTS OF RECORD,
AND RTCEITS OF WAY,IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON sURN
SEPTEMBER 24,2015 (4tAND
F
ANTHONY C. CUOMO, PLS 6042 0
Anthony, '.Cuomo
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