HomeMy WebLinkAbout25I - UTILITIES EASMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 4, 2008
TITLE:
AGREEMENT TO
DISTRIBUTION
TO COUNTY OF
CITY'S CIVIC
GRANT A
FACILITIES EASEMENT
ORANGE THROUGH
CENTER PROPERTY
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2~d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
/ CI1°Y MANAGER
RECOMMENDED ACTION
Authorize the City
attached agreement
facility easement
changes approved by
DISCUSSION
Manager and the Clerk of the Council to execute the
with the County of Orange to grant a distribution
within the Civic Center subject to non-substantive
the City Manager and City Attorney.
The County of Orange operates a Central Utility Facility (CUF) located
in the Santa Ana Civic Center. It provides steam for heating and
chilled water for cooling purposes to City, County, Federal and State
buildings located in the Civic Center. The plant has been in operation
since 1968.
As part of its Central Utility Facility Cogeneration Conversion, and to
provide enhanced reliability and future cost savings, the County will
convert the operation to a cogeneration facility. The cogeneration
facility will simultaneously generate electricity while heating and
cooling water.
Also as part of the project, the County will replace its aging
distribution facilities throughout the Civic Center. The new power and
chilled water lines will pass through the City's parking structures and
plaza (Exhibit 1). In order to install and maintain the facilities, the
County will require easements within the City's real property (Exhibit
2) City staff has reviewed the easement locations and supports the
donation of this distribution facilities easement.
251-1
Agreement to Grant a Distribution Facilities Easement to County of
Orange
February 4, 2008
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed action is exempt from further review. Categorical Exemption ER
No. 2007-209 will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~.~-~
James G. Ross
Executive Director
Public Works Agency
251-2
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NOT TO SCALE
SANTA ANA
City Council
P~ Agenda Date:
February 4, 2008
PUBLIC MPoCS AGENCY
ROSS STREET
TO COGENERATION FACILITY
EXHIBIT 1
GP110 /y F'
~O~ ~s~
Title:
AGREEMENT TO GRANTA DISTRIBUTION ~
FACILITIES EASEMENT TO COUNTY OF ORANGE
THROUGH CITY'S CIVIC CENTER PROPERTY
` \ S~ti
_____ _ _ _ _ \ ~y
-}~' ~~ TO COUNTY BUILDINGS \9~
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1 1 BACK OF SIDEWALK ~ `~L
1 1 \~iQ
1 1 0
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EXHIBIT `A'
Legal Description
Distribution Facilities Easement
Ref: APN 008-036-034
That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California
as described in that certain Quitclaim Deed to the City of Santa Ana recorded
July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County,
more particularly described as follows:
Beginning at the intersection of the centerlines of Ross Street and Civic Center Drive,
formerly 8~h Street; thence along the centerline of Civic Center Drive
North 89°14'48" West 454.85 feet to the intersection of said centerline with the northerly
prolongation of the westerly line of said Parcel 1; thence along said northerly
prolongation and the westerly line of said Parcel 1 South 00°35' 14" West 295.00 feet to
the northwest corner of Parcel 1 of that certain land described in the deed recorded
December 29, 1971 in Book 9946, Page 76 of Official Records of said County, said point
being the True Point of Beginning; thence along the Northerly line of said Parcel 1, and
its easterly prolongation South 89°24'46" East 71.50 feet; thence North 00°35' 14" East
160.98 feet; thence West 16.00 feet; thence South. 00°35'14" West 144.82 feet; thence
North 89°24'46" West 55.50 feet to said westerly line; thence South 00°35' 14" West
16.00 feet to the True Point of Beginning.
Containing 3,462 square feet, more or less.
See Exhibit `B' attached hereto and made apart hereof.
This legal description is not intended for ttse in the division and/or conveyance of ]and in
violation of the subdivision map act of the State of California.
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PS OMAS
~ Prepared under the direction of:
~~~ ( • N
David A. Moritz, PLS 7388
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Date
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EXHIBIT `A'
Legal Description
Distribution Facilities Easement
Ref: APN 008-036-034
That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California
as described in that certain Quitclaim Deed to the City of Santa Ana recorded
July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County,
more particularly described as follows:
Beginning at the northeasterly corner of Parcel 6 of said deed; thence
North 00°35' 14" East 4.30 feet along the westerly line of said Parcel 1, to the True Point
of Beginning; thence continuing along said westerly line North 00°35' 14" East
23.70 feet; thence South 89°24'46" East 10.63 feet; thence South 00°35'14" West
13.70 feet; thence South 89°24'46" East 198.33 feet; thence North 103.83 feet; thence
East 32.70 feet; thence North 24.63 feet; thence East 151.97 feet; thence North
i 20.54 feet; thence West 15.00 feet; thence North 20.00 feet; thence East 51.07 feet to a
~, point on the westerly line of Ross Street (60 feet wide); thence along the westerly line of
said Ross Street South 00°03'34" West 59.54 feet; thence West 166.98 feet; thence South
21.63 feet; thence West 28.70 feet; thence South 98.09 feet; thence
North 89°26'46" West 234.07 feet to a point on the westerly line of said Parcel 1, and the
True Point of Beginning.
Containing 10,996 square feet, more or less.
See Exhibit `B' attached hereto and made apart hereof.
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This legal description is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of:
David A. Moritz, PLS 7388
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Date
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EXHIBIT `A'
Legal Description
Distribution Facilities Easement
Ref. APN 008-036-034
The northerly 35 feet of the westerly 32 feet of Parcel 6, in the City of Santa Ana, County
of Orange, State of California as described in that certain Quitclaim Deed recorded July
29, 2005 as Instrument No. 2005000590714 of Official Records of said County.
I Excepting therefrom the southerly 14 feet of the easterly 4 feet.
Containing 1,064 square feet, more or less.
See Exhibit `B' attached hereto and made apart hereof.
This legal description is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of
'~ ~-c/
David A. Moritz, PLS 7388
/z-~~-07
Date
N0.1388
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OF
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EXHIBIT `A'
~, Legal Description
Distribution Facilities Easement
Ref: APN 008-067-038
Those portions of Lot 5 of Block C, in the City of Santa Ana, County of Orange, State of
California as shown on the Ross Addition to Santa Ana filed in Book 3 Pages 534 and
535 of Miscellaneous Records of Los Angeles County, together with those portions of
Sixth Street and Parton Street, said streets being vacated by the document recorded
February 19, 1969 in Book 8878, Pages 863 through 866 of Official Records of Orange
County, more particularly described as follows:
Beginning at the intersection of the centerlines of said Sixth Street and Parton Street;
thence along the centerline of Sixth Street South 89°20'43" East 78.73 feet; thence
leaving said centerline South 00°37'56" West 32.00 feet; thence North 89°20'43" West
78.72 feet to the centerline of Parton Street; thence North 00°37'56" East 32.00 feet
along said centerline of Parton Street to the point of beginning.
Containing 2,519 square feet, more or less.
See Exhibit `B' attached hereto and made apart hereof.
This legal description is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction o£
~Q
David A. Moritz, PLS 7388
NO.T989
Date
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EXHIBIT 'B'
CIVIC CENTER DRIVE P.o.e.
_ -~ j N 89'14 48 W _
~~ 454.85'
---- ° -- ~-~-- -- __ 1
WEST
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SCALE: I" 80' _'.
DRAFTED: VON H
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DESCRIPTION: Those portions Parcel I of SHEET I OF 1 '
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DRAFTED: VON
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S I X T H 78.73 ~ 1- S T-R E E T - -
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DESCRIPTION: Those portions of Lot 5 Block C of Ross Addition SHEET 1 OF I i
to Sonta Ano & Port. of 6th Sireei & Parton St. °e
SCALE: 1" 80' °a
N
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251-14
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
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County of Orange
RDMD Corporate Real Estate
300 N. Flower St., Suite 646
Santa Ana, CA 92703-5000
Recording Fee Exempt
Per Government Code 27383
And Also Exempt From Payment
Of Documentary Transfer Tax
THIS SPACE FOR RECORDER'S USE ONLY
Project No: RDMD/GE/CRE-07-029
Project: Civic Center Cogeneration Project
EASEMENT DEED AND AGREEMENT
This Easement Deed and Agreement is made , 2008, by and between
CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California, hereinafter known as "GRANTOR," and the COUNTY
OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "GRANTEE."
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby
grants to GRANTEE, its successors and assigns:
Non-exclusive perpetual easements over, along, under, and across all that certain real
property, described in "Exhibit A" and shown on "Exhibit B", attached hereto and made a part
hereof (hereinafter referred to as "Easement Area"), to construct, lay, install, and upgrade
pipelines, conduits, equipment, and other related fixtures and appliances for the transmission of
electricity, steam, and chilled water (hereinafter referred to as "Distribution Facilities") and to
inspect, reconstruct, maintain, and repair said Distribution Facilities.
It is understood and agreed by the parties hereto and their successors and assigns, that this Easement
Deed and Agreement shall be binding on GRANTOR and GRANTEE and shall be subject to the
following terms and conditions:
DEFINITIONS (PM02.1N)
"Agreement" means this Easement Deed and Agreement.
"County" means the County of Orange. Actions to be taken by County under this Agreement shall be taken
by the Board of Supervisors of the County of Orange which executed this Agreement or its representatives
specifically authorized to take such actions under this Agreement.
"Manager of RDMD, Corporate Real Estate" means the Manager, Resources and Development
Management Department, Corporate Real Estate of the County of Orange or Manager's designee.
"City Engineer" means the City Engineer of the City of Santa Ana.
25115
2. JOINT EXERCISE OF POWERS AGREEMENT (N)
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GRANTOR and GRANTEE entered into a Joint Exercise of Powers Agreement ("JPA") dated January 17,
1966, which created a joint powers agency known as the Orange County Civic Center Authority (hereinafter
referred to as "Authority") to develop a comprehensive Civic Center for the purpose of orderly construction
and maintenance of various governmental facilities, including the City of Santa Ana and County
governments, and accessory structures. The Distribution Facilities Project is consistent with the orderly
development of the Civic Center as provided in the JPA and such improved and upgraded facilities will
benefit the Civic Center including GRANTOR's and the Authority's property.
GRANTEE's use of the Easement Area shall be specifically limited to the use set forth above in this
Agreement. GRANTEE, at GRANTEE's sole cost, shall comply with all applicable laws, rules and regulations
now or hereafter promulgated pertaining to its permitted use of the Easement Area.
GRANTEE acknowledges and agrees that GRANTOR shall have unrestricted ingress and egress and use of
the Easement Area at all times.
3. MAINTENANCE OF EASEMENT AREA (PMES2.1 N)
GRANTEE and its contractors, agents, and employees shall have the right of access to and from the
Easement Area at all times for the purpose of exercising the rights herein granted. Should it be necessary
for GRANTEE to disturb the surface of the Easement Area at any time, GRANTEE agrees to provide
GRANTOR's City Engineer or designee a thirty (30) day advance written notice and to obtain written
approval of all plans for construction, reconstruction and major repair and/or maintenance prior to
commencement thereof. Said approval shall not be withheld unreasonably. In the event of an emergency
situation, GRANTEE shall notify GRANTOR's City Engineer or designee within twenty-four (24) hours of any
necessary improvements, modifications or repairs. Any such improvements, modifications or repairs
constructed by GRANTEE on an emergency basis must nevertheless not unreasonably interfere with
GRANTOR's use of the Easement Area.
Under the rights granted herein: a) any excavation made shall be made in such a manner as will cause the
least injury to the surface of the ground around such excavation, b) the earth so removed by such
excavation shall be replaced, c) the surface of the ground shall be promptly restored as existed prior to
excavation to the reasonable satisfaction of the City Engineer or designee, d) GRANTOR's improvements
shall be protected in place, e) GRANTEE shall be solely responsible for the cost of repair or replacement of
GRANTOR's improvements if such improvements are damaged due to GRANTEE's actions, and f)
GRANTEE shall address any potential security issues with the City of Santa Ana Building Maintenance
Superintendent or designee prior to access.
At all times when exercising the rights granted herein, GRANTEE shall do so as to maintain GRANTOR's
access to and from GRANTOR's facilities in a manner acceptable to GRANTOR. All facilities installed by
GRANTEE pursuant to this Agreement shall be used and maintained by GRANTEE in good repair and in
safe condition in accord with all applicable laws, rules and regulations.
4. HOLD HARMLESS (N)
GRANTEE shall defend, indemnify and save harmless GRANTOR, its officers, agents, and employees, from
and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTOR, its
officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or
death of persons, or damage to property as a result of, or arising out of, the sole negligence of GRANTEE,
its officers, agents, employees, subtenants, invitees, or licensees, in connection with this Agreement and
use of the Easement Area by GRANTEE.
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Likewise GRANTOR shall defend, indemnify and save harmless GRANTEE, its officers, agents, and
employees from and against any and all claims, demands, losses, or liabilities of any kind or nature which
GRANTEE, its officers, agents, and employees may sustain or incur or which may be imposed upon them
for injury to or death of persons, or damage to property as a result of, or arising out of, the sole negligence of
GRANTOR, its officers, agents, employees, invitees, or licensees, in connection with the ownership,
maintenance, or use of the Easement Area.
5. TOXIC MATERIALS (N)
GRANTEE shall be responsible for and shall defend, indemnify, and hold GRANTOR, its officers, directors,
employees, agents, and representatives harmless from and against all claims, costs, and liabilities, including
attorneys' fees and costs, arising out of or in connection with the use and disposal of Toxic Materials on the
Easement Area by GRANTEE. If the use and disposal of Toxic Materials on the Easement Area by
GRANTEE results in contamination or deterioration of water or soil resulting in a level of contamination
greater than maximum allowable levels established by any governmental agency having jurisdiction over
such contamination, GRANTEE shall promptly take any and all action necessary to clean up such
contamination.
Nothing in this Easement Deed and Agreement is intended nor shall anything in this Easement Deed and
Agreement be construed to transfer to GRANTEE or its successors or assigns or to relieve GRANTOR or its
successors or assigns or predecessors in title now, has, has had, or comes to have with respect to human
health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic
substances or materials (as such terms as those used in this sentence are defined by statute, ordinance,
case law, governmental regulation or other provision of the law). Furthermore, GRANTEE may exercise its
right under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from
GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a federal,
state or local regulatory or administrative governmental agency or body having jurisdiction, to have
responsibility for said hazardous or toxic substances or materials upon, within, or under the real property
interests transferred pursuant to this Easement Deed and Agreement.
Likewise, nothing in this Easement Deed and Agreement is intended nor shall anything in this Easement
Deed and Agreement be construed to transfer to GRANTOR or its successors or assigns or to relieve
GRANTEE or its successors or assigns or predecessors in title now, has, has had, or comes to have with
respect to human health or the environment, including but not limited to responsibility or liability relating to
hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by
statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore,
GRANTOR may exercise its right under law to bring action, if necessary, to recover clean up costs and
penalties paid, if any, from GRANTEE or any others who are ultimately determined by a court of competent
jurisdiction and/or a federal, state or local regulatory or administrative governmental agency or body having
jurisdiction, to have responsibility for said hazardous or toxic substances or materials upon, within, or under
the real property interests transferred pursuant to this Easement Deed and Agreement.
6. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event the services for which said facilities were constructed are discontinued
and GRANTEE is not required by law, rule, or regulation of any governmental authority to furnish said
services, or in the event the use of the facilities ceases for a period of more than one (1) year without written
notice from GRANTEE to GRANTOR of the circumstances affecting such suspension and of GRANTEE's
intention to resume usage of the facilities, GRANTEE, at GRANTOR's request and at no cost to GRANTOR,
shall remove and/or abandon any portion of said facilities owned, operated, and/or maintained by
GRANTEE. The scheduling for such removal or abandonment shall be mutually approved by GRANTOR
and GRANTEE. Following such removal/abandonment, GRANTEE, at no cost to GRANTOR, shall restore
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the Easement Area to the condition that existed prior to the granting of the easement, to GRANTOR's
satisfaction. In the event of such removal and/or abandonment, GRANTEE shall execute and record in the
Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of
this easement from title to the Easement Area.
7. RELOCATION (PMES4.1 N)
GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or
improvement of GRANTOR's property, GRANTEE shall, within two (2) years of receipt of written notice from
GRANTOR, relocate said facilities to a site within GRANTOR's property, at GRANTEE's cost. The relocation
site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and
GRANTEE. GRANTEE shall furnish GRANTOR with a revised document containing terms and conditions
similar to those contained herein.
8. REVISION OF LEGAL DESCRIPTION (PMES4.3 S)
In the event that attached "Exhibit A" is subsequently found to inaccurately describe the location of said
facilities, the parties agree that a revised "Exhibit A" will be prepared and recorded which will replace and
supersede said "Exhibit A." Said revision of Exhibit "A" will not affect, alter or change this Agreement.
Furthermore, this Agreement shall be deemed to be amended and will relate back and be in place as of the
initial date of this Easement Deed and Agreement prior to said revision of "Exhibit A." Said revision shall be
accomplished by recording an amendment to this agreement after approval of the revised exhibits by the
City Engineer or designee.
9. EXCEPTIONS AND RESERVATIONS (PMES7.1 S)
GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial
rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of
the rights and easements herein granted. Upon the effective date of this Agreement, or any easement
relocation as mentioned hereinabove, GRANTOR shall not place or permit any improvements on the
Easement Area which will interfere with the reasonable full enjoyment by GRANTEE of the easement rights
hereby granted.
This grant is subject to all matters of record including but not limited to contracts, leases, licenses,
easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and
claims of record or apparent or of which GRANTEE has actual notice which may affect the Easement Area,
and the use of the word "grant" herein shall not be construed as a covenant against the existence of any
thereof.
10. SUCCESSORS AND ASSIGNS (PMES13.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of the parties hereto.
11. CALENDAR DAYS (PMES14.1 S)
Any reference to the word "day" or "days" herein, shall mean calendar day or calendar
days, respectively, unless otherwise expressly provided.
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12. ATTORNEY'S FEES (PMES17.1 S)
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In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where
any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees
and costs.
13. AMENDMENTS (PMES19.1 S)
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement shall be binding on any of the
parties unless incorporated herein. Any amendment or cancellation of this Agreement shall be
recorded in the Official Records of the County of Orange.
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AUTHORITY (PMES20.1 S)
The parties to this Agreement represent and warrant that this Agreement has been duly
authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
15. WAIVER OF RIGHTS (PMES22.1 S)
The failure of GRANTOR or GRANTEE to insist upon strict performance of any of the terms,
covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy
that GRANTOR or GRANTEE may have, a waiver of the right to require strict performance of all
the terms, covenants, and conditions of this Agreement thereafter, or a waiver of any remedy for
the subsequent breach or default of any term, covenant, or condition of this Agreement.
16. CONSTRUCTION AND RELOCATION (N)
Any portion of the Distribution Facilities traveling or penetrating through the existing structures
adjacent to or below GRANTEE's City Hall shall be vertically limited between the underside of
ceiling beams and finished floor elevations of basement structures although GRANTOR
approved attachments or supports for said pipelines and fixtures shall be permitted to said
ceiling beams or finished floor as required. Should an additional vertical easement space be
needed below the basement floor then it shall not be below the bottom of the building footing or
the bottom of any building pile cap. Vertical clearances shall meet the requirements of the
current applicable California Building Code at the time of application for permit. Distribution
Facilities traveling or penetrating through the parking structure between the County Courthouse
and GRANTOR's City Library shall also be vertically limited between the underside of ceiling
beams and finished floor elevations for the particular level of this structure that is entered by
these facilities. GRANTOR approved attachments or supports for said pipelines and fixtures
shall be permitted to said ceiling beams or finished floor as required. GRANTOR approved
penetration of the particular level (or levels) required to reach the terminus of the facilities shall
also be permitted as required. GRANTEE shall apply for and obtain all permits from GRANTOR
for construction and relocation work.
The Distribution Facilities within the structures shall be placed entirely within the Easement
Area, spaced with reasonable clearances from existing facilities and uses and each line shall be
specifically identified. GRANTEE shall cooperate in a reasonable manner upon receipt of a
written notice from GRANTOR to relocate such facilities within existing structures to allow for
necessary modifications to any and all existing GRANTOR's facilities or structures. GRANTOR
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shall coordinate such modifications with GRANTEE to minimize the amount of said relocation
and disruption of GRANTEE's services. GRANTEE acknowledges and allows the presence of
the existing structures and lesser rights to remain within the Easement Area.
During construction of the Distribution Facilities, all reasonable efforts shall be made by
GRANTEE to protect existing facilities in place whether said facilities are GRANTOR's facilities
or other public utility facilities. Should any relocation of any portion of said existing facilities be
desired then said relocation shall be approved by GRANTOR, which approval shall not be
unreasonably withheld. The rights granted herein are subject to GRANTEE returning the surface
of the land being granted to its original condition or as near thereto as reasonably possible to
the satisfaction of the City Engineer or designee as determined and approved in writing by the
City Engineer or designee upon completion of any construction, which approval shall not be
unreasonably withheld. GRANTEE shall provide and pay for alternative parking within the Civic
Center and for continuous access to the structures during periods of construction and relocation
to the satisfaction of the City Engineer or designee.
17. VENUE (PMES9.1 S)
The parties hereto agree that this Agreement has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of California. In the event of
any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil
Procedure Section 394. Furthermore, the parties hereto specifically agree to waive any and all
rights to request that an action be transferred for trial to another County.
18. NOTICES (PMES11.1 S)
All notices, documents, correspondence, and communications concerning this Agreement shall
be addressed as set forth in this paragraph, or as the parties may hereafter designate by written
notice, and shall be sent through the United States mail, duly registered or certified with postage
prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after
mailing. Each party may change the address for notices by giving the other party at least ten
(10) calendar days prior written notice of the new address.
Notwithstanding the above, GRANTOR and GRANTEE may also provide notices, documents,
correspondence, or such other communications to the other party by personal delivery,
electronic mail, or facsimile and, so given, shall be deemed to have been given upon receipt if
provided by personal delivery, electronic mail, or facsimile.
GRANTEE
County of Orange
RDMD, Corporate Real Estate
300 N. Flower St., Suite 646
Santa Ana, CA 92703-5000
Attn: Manager
GRANTOR
City of Santa Ana
Public Works Agency
20 Civic Center Plaza
P. O. Box 1988, M-21
Santa Ana, CA 92702
Attn: City Engineer
And County of Orange
RDMD, Central Utility Facility
525 N. Flower St.
Santa Ana, CA 92703
Attn: Manager
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19. ATTACHMENTS TO DOCUMENT (PMES8.1 S)
This document includes the following, which are attached hereto and made a part hereof:
A. Exhibit A -Legal Descriptions -Easement Area
B. Exhibit B -Plat Maps -Easement Area
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IN WITNESS WHEREOF, the parties have executed this Easement Deed and Agreement the day and year
first above written.
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
By
Deputy County Counsel
Date
RECOMMENDED FOR APPROVAL:
RESOURCES AND DEVELOPMENT
MANAGEMENT DEPARTMENT,CORPORATE
REAL ESTATE
By
GRANTEE
COUNTY OF ORANGE
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
By,
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By
Assistant City Attorney
Date
GRANTOR
CITY OF SANTA ANA
BY.
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PSOMAS
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EXHIBIT `A'
Legal Description
Utility Easement
II Ref: APN 008-036-034
That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California
as described in that certain Quitclaim Deed to the City of Santa Ana recorded
July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County,
more particularly described as follows:
Beginning at the intersection of the centerlines of Ross Street and Civic Center Drive,
formerly 8`f' Street; thence along the centerline of Civic Center Drive
North 89°14'48" West 454.85 feet to the intersection of said centerline with the northerly
prolongation of the westerly line of said Parcel 1; thence along said northerly
prolongation and the westerly line of said Parcel 1 South 00°35'14" West 295.00 feet to
the northwest corner of Parcel 1 of that certain land described in the deed recorded
December 29, 1971 in Book 9946, Page 76 of Official Records of said County, said point
being the True Point of Beginning; thence along the Northerly line of said Parcel 1, and
its easterly prolongation South 89°24'46" East 71.50 feet; thence North 00°35' 14" East
160.98 feet; thence West 16.00 feet; thence South 00°35' 14" West 144.82 feet; thence
North 89°24'46" West 55.50 feet to said westerly line; thence South 00°35' 14" West
16.00 feet to the True Point of Beginning.
Containing 3,462 square feet, more or less.
See Exhibit `B' attached hereto and made apart hereof.
This legal description is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
M:\2SYS020400GSURV EYU.EGALSI2-4.doc
9/26/2007
Page 1 of 2
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Ps oMAs
~ Prepared under the direction of
;~~ / '~ .
David A. Moritz, PLS 7388
M:\2SYS020400\SIJRV EY\LEGA LS\2-4.doc
9/26/2007
Date
251-24
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PSOMAS
EXHIBIT `A'
Legal Description
Utility Easement
Beginning at the southeasterly corner of Parcel 6 of said deed; thence along the easterly
line of said Parcel 6 North 00°35' 14" East 147.00 feet to the northeast corner of said
Parcel 6, said point being the True Point of Beginning; thence along the westerly line of
said Parcel 1 North 00°35' 14" East 28.00 feet; thence South 89°24'46" East 10.63 feet;
thence South 00°35' 14" West 12.00 feet; thence South 89°24'46" East 198.31 feet;
thence North 102.13 feet; thence East 32.70 feet; thence North 24.63 feet; thence
East 151.97 feet; thence North 20.54 feet; thence West 15.00 feet; thence
North 20.00 feet; thence East 51.07 feet to a point on the westerly line of Ross Street
(60 feet wide); thence along the westerly line of said Ross Street South 00°03'34" West
59.54 feet; thence West 166.98 feet; thence South 21.63 feet; thence West 28.70 feet;
thence South 102.39 feet; thence North 89°26'46" West 234.11 feet to the northeasterly
corner of said Parcel 6, and the True Point of Beginning.
Containing 12,340 square feet, more or less.
See Exhibit `B' attached hereto and made apart hereof.
M:\2S YS020400\SURV EY\LEGALS\2-3.doc
9/26/2007
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That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California
as described in that certain Quitclaim Deed to the City of Santa Ana recorded
July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County,
more particularly described as follows:
Page I of 2
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PSOMAS
This legal description is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of:
`~ ~~
David A. Moritz, PLS 7388
ZG--a~
Date
*( ~~~~~~
M:12 S YS020400\S UR V E Y\LEGALS\2-3.dac
9/26/2007
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PS OMAS
Ref: APN 008-067-038
Those portions of Lots 4 and 5 of Block C, in the City of Santa Ana, County of Orange,
State of California as shown on the Ross Addition to Santa Ana filed in Book 3 Pages
S34 and S3S of Miscellaneous Records of Los Angeles County, together with those
portions of Sixth Street and Parton Street, said streets being vacated by the document
recorded February 19, 1969 in Book 8878, Pages 863 through 866 of Official Records of
Orange County, more particularly described as follows:
i Beginning at the intersection of the centerlines of said Sixth Street and Parton Street;
thence along the centerline of Sixth Street South 89°20'43" East 88.24 feet; thence
leaving said centerline South 00°37'S6" West 35.00 feet; thence North 89°20'43" West
88.24 feet to the centerline of Parton Street; thence North 00°37'S6" East 35.00 feet
along said centerline of Parton Street to the point of beginning.
Containing 3,088 square feet, more or less.
See Exhibit `B' attached hereto and made apart hereof.
This legal description is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
EXHIBIT `A'
Legal Description
Utility Easement
Prepared under the direction of:
David A. Moritz, PLS 7388
y-'~6-6~
Date
t~b.73B8
* ~ (~ 3~,~
M:~2 SYS020400\SURVEYILEGA LS~2-1. doc
9/26/2007
251-27
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Instrument No. 2005-000590714, O.R.
---- 0 ERTY LINE
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251-28
EXHIBIT 'B'
CIVIC CENTER D R I V E
- ~ ~ ~1 N89'14'48"W - _ -
WEST
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DESCRIPTION: Porllon of Porcel I of Inslr. No. 2005-000590714, O.R. SHEET I OF I o
SCALE: I" 80' N
N
DRAFTED: VON ~
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P ~ O M A ~ CHECKED: DAM
UTILITY EASEMENT 3187 Red Httl Avenue +I2so
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251-29
EXHIBIT 'B'
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P.0.8. S89'20'43 E ~- -
_SIXTH -_ 88,24 --~1- STREET __
- S00'37'56"yy (VACATED)
N00 37'56"E 5.00'-~~-
I i 315.00' ~ ~ I N8 880~43"W I I W p
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DESCRIPTION: Thai portion of Lots 4 8 5 Block C of Ross Addltlon SHEET I OF I
to Sonta Ano 9 Port. of 6th Sireet 9 Porton St. o
SCALE: I" 80' a
DRAFTED: VON ~
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P ~ O M A ~ CHECKED: DAM
UTILITY EASEMENT costa Mesc"Ca1fo Nc22626 DATE: 9/13/2007 a
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