Loading...
HomeMy WebLinkAboutA-2008-0317 11 13 1s 17 19 21 23 25 A- 2008 -031 OFFICIAL RECORD CLERK OF THE BOARD ORANGE COUNTY J RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: Recorded In official Records, orange County Tam Only, Clerk - Recorder County of Orange iI1011111�IpIi�I�II�IiII�QIII�InIH111�IgMNp RDMD Corporate Real Estate FEE 300 N. Flower St., Suite 648 200800012417310 :098M 03118108 Santa Ana, CA 92703 -8000 110 30 901 Al2 1e 0100 0.00 0.00 0.00 0,00 0,00 0.00 0.00 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, RDMDIGEICRE- 07-029 Project: Civic Center Cogeneration Project EASEMENT DEED AND AGREEMENT This Easement Deed and Agreement Is made MARCIl 11 ______ , 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" 27 FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns: 29 Non-exclusive perpetual easements over, along, under, and across all that certain real ! 1 ct 1J�, at es m an 4 0 h 1 te ro described in "Exhibit A"and shown on "Exhibit B`, attached hereto and made a part 31 ereof�(tiereInafter referred to as "Easement Area`), to constructlay, install, and upgrade ilines, conducts, equipment, and other related fixtures and appliances for 4he transmission of 33 ec p d water hereinafter referred to as "Distribution Facilities'and toinspeoleconstruct maintain, and repair said Distribution Facilities. 35 It is understood and agreed by the parties hereto and !heir successors and assigns, that this Easement 37 peed and Agreement $hail be binding on GRANTOR and GRANTEE and shall be subject to the following terms and conditions: 39 1, DEFINITIONS (PM02.1N) 41 "Agreement" means this Easement Deed and Agreement. 43 "County" means the County of Orange. Actions to be taken by County under this Agreement shall betaken by the Board of Supervisors of the County of Orange which executed this Agreement or Its representatives 45 specifically authorized to take such actions under this Agreement. 47 "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 49 „City Engineer" means the City Engineer of the City of Santa Ana. Document Number: 2008000124173 Page: 1 of 18 1 2. JOINT EXERCISE OF POWERS AGREEMENT (N) 3 GRANTOR and GRANTEE entered into a Joint Exercise of Powers Agreement ( "JPP) dated January 17, 1966, which created a joint powers agency known as the Orange County Civic Center Authority (hereinafter 5 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 7 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 9 benefit the Civic Center including GRANTOR's and the Authority's property. 11 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 13 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 15 the Easement Area of all times. 17 3 MAINTENANCE OF EASEMENT AREA (PMES2.1 N) 19 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 21 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 23 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 25 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 27 constructed by GRANTEE on an emergency basis must nevertheless not unreasonably interfere with GRANTOR's use of the Easement Area. 29 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 31 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 33 shall be protected in place, e) GRANTEE shall be solely responsible for the cost of repairor replooement of GRANTOR'S Improvements If such Improvements are damaged due to GRANTEE's actions, and f) 35 GRANTEE shall address any potential security issues with the City of Santa Ana Building Maintenance Superintendent or designee prior to access. 37 At all times when exercising the rigghts granted herein, GRANTEE shall do so as to maintain GRANTOR's access to and from GRANTOR's facilitles in a manner acceptable to GRANTOR. All facilities Installed by 39 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, GRANTEE shall provide and pay 41 for GRANTOR's alternative parking within the Civic Center during periods of maintenance to the satisfaction of the City Engineer or designee. Said approval shall not be withheld unreasonably. 43 4. HOLD HARMLESS (N) 45 GRANTEE shall defend, indemnify and save harmless GRANTOR, Its officers, agents, and employees, from 47 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 49 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 connect +on with this Agreement and use of the Easement Area by GRANTEE Document Number; 2008000124173 Page: 2 of 18 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 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 adaing 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. 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 tb 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 tide now, has, has had, or comes to have with respect to human heath 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 sold 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 not 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 Us 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 compatent 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 removallabandonment, GRANTEE, at no coat to GRANTOR, shall restore Document Number: 2008000124173 Page. 3 of 18 I 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 3 Official Records of Orange county, California, a Quitclaim Dead sufficient to remove the encumbrance of this easement from title to the Easement Area, 5 7 RELOCATION (PMES4.1 N) 7 GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or 9 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 11 site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and GRANTEE. GRANTEE shall famish GRANTOR with a revised document containing terms and conditions similar to those contained herein. 13 S. REVISION OF LEGAL DESCRIPTION (PMES4.3 S) 15 In the event that attached "Exhibit A" 1s subsequently found to inaccurately describe the location of said 17 facilities, the parties agree that a revised "Exhibit A" wiil 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, 19 Furihermore, 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 21 accomplished by recording an amendmentto this agreement after approval of the revised exhibits by the City Engineer or designee. 23 9 EXCEPTIONS AND RESERVATIONS (PMES7.1 S) 25 GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial 27 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 29 relocation as mentioned herainabove. GRANTOR shall not place or permit any improvements an the Easement Area which will interfere with the reasonable full enjoyment by GRANTEE of the easement rights 31 hereby granted. 33 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, 35 and the use of the word "grant" herein.shali not be construed as a covenant against the existence of any thereof. 37 10. SUCCESSORS AND ASSIGNS (PMES13 1 S) 39 41 The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 431111. CALENDAR DAYS (PMES14.1 S) 45 Any reference to the word "day" or "days" herein, shall mean calendar day or calendar 47 days, respectively, unless otherwise expressly provided. 49 d Document Number: 2008000124173 Page: 4 of 18 I 1912. ATTORNEY'S FEES (PMES17,1 S) 3 I1In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defame, each party shall bear its own attorney's fees and costs. 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 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 anyof the parties unless incorporated herein. Any amendment or cancallation of this Agreement shall be recorded in the Official Records of the County of Orange. 14. 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 terns. 15. WAIVER OF RIGHTS {PMES22.1 8) 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 baverticaity 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 ofoeiling beams and finished floor elevations for the particular level of this structure that is entered by these facilities. GRANTOR approved attachments or supports for sold pipelines and fixtures shall be permitted to sold 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 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, tail reasonable efforts shall be made by GRANTEE to protect e6oct mentt umber 2 1 001241 3t1 ag 6 of NiSOR's facilities 11 13 15 17 19 21 23 25 27 29 31 33 36 37 39 41 43 45 47 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 GRANTOR's alternative parking within the Civic Center and provide continuous access to the structures during periods of construction and relocation to the satisfaction of the City Engineer or designee. Said approval shall not be withheld unreasonably. 17. VENUE (PMES9A S) The parties hereto agree that this Agreement has been negotiated and executed to 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(PMES11A 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 now 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 $00 N. Flower St, Suits 646 Santa Ana, CA 927038000 Attn: Manager And County of Orange RDMD, Central Utility Facility 525 N Flower St. Santa Ana, CA 92703 Attn: Manager 49 J119. ATTACHMENTS TO DOCUMENT (PMESSA S) City of Santa Ana Public Works Agency 20 Civic Center Pima P. O Box 1988, M -21 Sants Ana, CA 92702 Attn: City Engineer This document includes the following, which are attached hereto and made a part hereof: A. Exhibit A- Legal Descriptions - Easement Area B. Exhibit 8pPC'umaNnt Numrerg2� MOW 124173 Page: 6 of 18 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 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 . %h � N. ntv' 1Uh Deputy County Counsel Date___ RECOMMENDED FOR APPROVAL: RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT, CORPORATE REALESTATE By APPROVED AS TO FORM: Joseph W, Fletcher, City Attorney B �a•.o �+ /rye/ �° Y Assistant City Attorney Date ''lid` A' k GRAN 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 GwiA J BY Jr dL" — DARLEJE J. BLOOM Clerk of the Bard of Supervisors of Orange County, California GRANT CITY OF SANTA ANA By PAr91CIA E alit' Ct RX Die 7W CCMNCI,t Document Number: 2008000124173 Page: 7 of 18 2 I a s 6 7 s 9 16 11 12 13 14 15 16 17 is 19 20 21 22 23 24 23 26 27 28 29 30 31 PSOMAS Legal Deseription Distribution Facilities Easement Ref: APN 008- 036 -034 That portion of Parcel 1, in the City of Santa Ana, County of Omnge, State of California as described in that certain Quitclaim Dead to *e City of Santa Ana recorded fnly 29, 2005 as insb=ent No. 2005000590714 of Official Records o£said County, more particularly described as follows! Ba*Wng at the northeasterly corner of Parcel 6 of said dead; fiance North V33' i4" East 4.30 that along the westerly Una of said Pareel 1, to the Trna Point of Beginning: thence continuing along said wesiody line North 00°35' 14" East 23.70 feet, theece South 89 024'46" Seat 10.63 feet; thence South 00 °35'14" West 13,70 feat; thence Sou* 89 024146" East 198.33 feet; thence North 103.83 feet; thence Best 32.70 feat; thence Nanh 24,63 Peet; thence Sass 151.97 face thenceNorth 20.54 feet; thence West 15.00 feel; thenceNorth 20.00 feat; 0lence East 51.07 feet to a point oa *a westerly fine of Ross Street (60 feat wido).tbmce along 1ha westorly lira of said Ross Sired Sou* OD 003'34" west 59.54 feet; thenoo West 166.98 feet; thence South 21.63 foe; thence West 28.70 feet; thence South 98.09 feet; then" North 89 026'46" West 234A7 fat to apoint on the westerly line of said Parcel 1, and the True Point of Beginning. Containing 10;996 square feat, more or leas. See Exhibit `B' attached hereto and made apart hereof. M naV9W a/MORVEYV.@0ALM-3 der rr/lOM Were 1 er2 1 x 3 4 S b 7 a 9 1a 11 12 13 14 1S 15 17 to 19 20 21 22 PSOMAS This legal dosoription is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of Califoraia. Prepared under the direction of David A. Moritz, PLS 7388 o7 Date 2 in 4 5 6 7 8 9 f0 , I7 12 13 14 1S W 17 is 1y 20 21 22 23 24 23 26 27 28 20 30 PS©MAS E MI T d ' Legal Description Distribution Facilities Easement Rof: APN 008. 067.038 Those portions of Lot 5 of Block C, in the City of Santa Ana, County of orango, State of California as shown on the Ross Addition to Santa Ana filed in Book 3 Pages $34 and 535 of Misceliaaoous 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, P#jcs 863 through 866 of Official Records of Change County, mom particularly described as follows; Beginning at the intersection of the centerlines of sold Sixth Strut and Parton Street; thence along the centerline of Sixth Street Sonth 89°20'43" Bast 78.73 feet; thence leaving said ocntorliae Soutb 00 03756" west 32.00 fbet; thence North 89°2043" west 78.72 feat to the centorlina efPsnon Street; them North 00037156" Host 32.00 feet along said centerline of Parton Street to the point ofbegiming Containing 2,519 square feet, mom or less, Sea &bibit `B' attached hereto and made spart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map not of the Stato of Caiifomia _ Prepared under the direction of. a David A. Moritz, PIS 7388 aroaysasoaoswtanvanteaanaa •Dace nvlytow Date tb. O 416 Pap 1 er 7 m 2 3 4 3 e 7 8 9 to. It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3D 31 PSOMAS EXHIBIT'A' Legal Description Distribution Facilities Easement Ref. APN 008 -036.034 The northerly 35 feet of the westerly 32 feat o0aresl 6. in the City of Santa Ana, County of Orange, State of California as described in that oertain Quitclaim Deus recorded July 29, 2005 as insbument Xo, 2005000590714 of Official Records of said County. Excepting tberofmm the southerly 14 feet of the easterly 4 feet. Containing 1,064 agnam feet, more or loss, See Exhibit IV attached hereto and made apadbmw. This legal dosmiption is not intended for use in the division and/or conveyance of land in violation oftho subdivision map ad of the State of Califomia, Prepared under the direction of David A. Moritz, PL.S 7388 120"1 Date Peas 1 oil PSOMAS 1 E, XMI T rA' 2 regal Description 3 Distribution Pacilit:ie; Basement; 4 Re. APN OOM36.034 5 6 That portion afPawi1, in the Cityof Santa ArACvuntyolionm c, State ofWfbmis 7 as described in that certain Quitclaim Deed to the Cityof Sash Ara rtmvW I July 29,2005 asInstnumad No. 1003000590714OfOlnels1RecordsofsaidCounty, 9 more particularly dosabed as follows: 10 11 Beginning at the ft4MmtionofthaceororlMOf ROSS Sold and avic &ntcrNye. 12 formerly 801 Strac4 them along the ormterune of mic center Drive 13 NOrth 89034448" Wcet 454.85 f0atto the intersection ofaaM o admiinn with tho nerthaly 14 prolongation of the westerly line ofsaid Fmol 1. 0=0 along sold nor*xty Is prolongation and the westerly lino of said Parcel I South 0015 114" Wed 295.00 feet to 16 the northwmt career ofPmcol I of that a ntain lams descrlbed in the dead twordal t7 DoOtmber 29,1971 in Book 9946, Pap 76 of'Official Reconis of said County, said point 18 being the True Point of Beginning; ft000 along the Northuly Imo of said Pecel 1, and 19 its Oaaterlyprolongat%n South 89°24'46" East 71.50 feet: therm NorthW35114 "East 20 160,98 feat: thence West 16-00 feat; thence South O0 °33'14" West 1444 foot; theme 21 North 89° 24' 46" West 85. 50 fact tos eid westerly Ono; times Son&00 °35'14 "West 22 16.00 feel to the True Point ofRegianfng. 23 24 Containing 3,462 up= feat, rmreor leas. 25 26 See 13x1u'bit'B' attaohed hereto and made apart hermt.. 27 29 This legal description is not intended for use in the division and/or conveyanoo of Im l In 2a vlolotion of the subdivision map act of the state of C Wiforria. 30 31 MNSVaerWmISMVEYYE3ALM4A)m MGM ho I M2 GM 1 2 3 4 s 6 7 e s 1e u 12 13 14 U 16 17 18 is 20 21 22 23 PSOMAS Pmvmd unft ft dueaiou oi', David A. Morita, PIS 7388 M..*sv$02010MRvrf%WAL Aft 9r10e00r `—Z 6 —n7 Date r.p2or2 -14N a' 40' Bo, I J i g EAST _I � 81A7 M i d I W IW� bT r 1 I 1 "..I $00 "38'14'W ,., N90'.3s 14'6 _ L70' _ 4.30' SBM 48 »E 86.33' P.O. rp.06. N89 —.25 4.07' IJ PARC518 ti7i4 � I J i g EAST _I � 81A7 M i d I W IW� IWI j �I & c B rx bT r � I 1 "..I ,., IWI j �I & c B rx •i �acr ; a• OC$M nm TAaq WrAas pmol I of 9NEET I OP 1 i MsNYmW Nn, 100960W O T14. OR MUN"fE4 VON DISTRIBUTION FACILITIES EASgmM P S b M �A 'S arlrcNea wN nt' i+ f �iaYc w On461 Ip/ Mal .aa Nau RSYSaso4oaY8 bT r � I •i �acr ; a• OC$M nm TAaq WrAas pmol I of 9NEET I OP 1 i MsNYmW Nn, 100960W O T14. OR MUN"fE4 VON DISTRIBUTION FACILITIES EASgmM P S b M �A 'S arlrcNea wN nt' i+ f �iaYc w On461 Ip/ Mal .aa Nau RSYSaso4oaY8 i _ S I X T H T _ N007 a 1 I .00' I I I i I I I I I + -4_.4 i 1 I { I I i- 1 WI W�a STREET _ =-soo s7's7•w (VACATM) FN98'2U "40 W q 1 78.12' I LOr I LM I 9 I $9L0 K �C ROSP ACl ITJ N (Td S A I IS/ 84-5 5 i I I -067 I I 1 I ' ed 0 t r, SCALE; E' =SC' ! I 4� 9 I CL 1 �, 1 i - P 7 EM ekEN7 AS SSM p CEL NU I I I.- Us w w y 1 1 rn W x I i I z I I I ' I / sa Toll paila]1 11 Los d 01,A C ]I Ron Addltl]n to talc Am 6 poll, of BIk Wml a Palm 51. DISTRIBUTION FACILITIES EASEMENT r' T� P S 0 M A S a+cattu ]U] kW 1111 Awrue A[!] AATC� tai � k.,a CtllfirN. fti26 OF I FIFTH STREET (VACATE) ' ed 0 t r, SCALE; E' =SC' ! I 4� 9 I CL 1 �, 1 i - P 7 EM ekEN7 AS SSM p CEL NU I I I.- Us w w y 1 1 rn W x I i I z I I I ' I / sa Toll paila]1 11 Los d 01,A C ]I Ron Addltl]n to talc Am 6 poll, of BIk Wml a Palm 51. DISTRIBUTION FACILITIES EASEMENT r' T� P S 0 M A S a+cattu ]U] kW 1111 Awrue A[!] AATC� tai � k.,a CtllfirN. fti26 OF I W i i- .3t WI 20 X-00600791 I � x I I P CgL I I ;+ _D05� OOH} I 7J f?J20 COW -M4 I SIXTH STREET (vac,►tw"a) I I I 1 I I i I — �— ' -- I I ! I I "m OWN" of Pral i 0 bsflb "f M, M"00500714. O.R. DISTRIBUTION PACILITIES BASEMENT {ca of i i W. I a NI aol i SCALE i e �— PROPERLY UNE e EASMOM ASSESSOR PARM NUMBER P S O M A S J1Y/ IW�tlyyM,I AwMr WO WU701.731D vwq�It. N8974'4VW 71.50` 1. CIVIC CENTER DRIVE P.02. F- 0914 48aw 454 85' — 1 e.ao' CIA. F� I w F pcl%ia OR ! END I- 1 Ci ( I t ,,,.. PROPOM Lm C 44' 8D' EASORNT 'I I t ASSMSM PAM= NUMOM SCALE# 1" -90' MIPTIOM NONA .I Pw"l 1 of Yulr. Wa 2000.0W0s0TN.'MR. I I "" 10i P 5 0 M A S TfSSTRIBUTStlN FACILITIES 1SASEP4ffiN1' m�.na��w�aw ,aWa� W oG anes2%6, a CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a political subdivision of The State of California, is hereby accepted by order of the Board of Supervisors of Change County, California, and the COUNTY OF ORANGE consents to recordation thereof by its duty authorized officer. Dated: _ J .fit -6% -- COUNTY OF ORANGE By.. Chairman, Hoard of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. ATTEST: Darlene .1 Flo r Clerk or the Board of upemisors Orange County, California Approved as to form: County Counsel l Date: —xP- \ Deputy 3 Document Number: 2008000124173 Page: 18 of 16 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 SX VEB 2 6 200gg��� D' P7aY%CLe�rd�Y' RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: 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 A- 2008 -031 071, 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 Fed rtolly y* , 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 (PM02.1 N) "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 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 2. JOINT EXERCISE OF POWERS AGREEMENT (N) 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. 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. GRANTEE shall provide and pay for GRANTOR's alternative parking within the Civic Center during periods of maintenance to the satisfaction of the City Engineer or designee. Said approval shall not be withheld unreasonably. 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. I% 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 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 3 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 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. 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. n 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 12. ATTORNEY'S FEES (PMES17.1 S) 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. 114. 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 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 11 5 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 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 GRANTOR's alternative parking within the Civic Center and provide continuous access to the structures during periods of construction and relocation to the satisfaction of the City Engineer or designee. Said approval shall not be withheld unreasonably. 117 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 And County of Orange RDMD, Central Utility Facility 525 N. Flower St. Santa Ana, CA 92703 Attn: Manager 19. ATTACHMENTS TO DOCUMENT (PMES8.1 S) 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 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 11 6 1 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 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 RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT, CORPORATE REAL ESTATE By APPROVED AS TO FORM Joseph W. Fletcher, City City Attorney By Assistant City Attorney Date 7 1 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 0 DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California GRANTOR CITY OF SANTA ANA B Y a - — A' PATRICIA E, f1EALr CLERK OF THE COU/VC /L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS E' ,X IBIT `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 8th Street; thence along the centerline of Civic Center Drive North 89014'48" 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 00035'14" 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 89 024'46" 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:\2SYS0204001S URV EYILEGALSI2-4.doc 9/26/2007 Page l of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PS OMAS Prepared under the direction of: /} 9'--Z C-07 David A. Moritz, PLS 7388 Date M.X2SY5020400\SURV EY\LEGA LS12A.doc 9262007 Nl= Pagc 2 or2 PSOMAS 1 EXHIBIT `A' 2 LegaI Description 3 Distribution Facilities Easement 4 5 Ref: APN 008 - 036 -034 6 7 That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California 8 as described in that certain Quitclaim Deed to the City of Santa Ana recorded 9 July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County, 10 more particularly described as follows: 11 12 Beginning at the northeasterly comer of Parcel 6 of said deed; thence 13 North 00035'14" East 4.30 feet along the westerly line of said Parcel 1, to the True Point 14 of Beginning; thence continuing along said westerly line North 00'35'14" East 15 23.70 feet; thence South 89 °24'46" East 10.63 feet; thence South 00'35'14" West 16 13.70 feet; thence South 89 °24'46" East 198.33 feet; thence North 103.83 feet; thence 17 East 32.70 feet; thence North 24.63 feet; thence East 151.97 feet; thence North 18 20.54 feet; thence West 15.00 feet; thence North 20.00 feet; thence East 51.07 feet to a 19 point on the westerly line of Ross Street (60 feet wide); thence along the westerly line of 20 said Ross Street South 00 °03'34" West 59.54 feet; thence West 166.98 feet; thence South 21 21.63 feet; thence West 28.70 feet; thence South 98.09 feet; thence 22 North 89 °26'46" West 234.07 feet to a point on the westerly line of said Parcel 1, and the 23 True Point of Beginning. 24 25 26 Containing 10,996 square feet, more or less. 27 28 29 See Exhibit 'B' attached hereto and made apart hereof. 30 31 M.-\2SYS0204001SURVEY \LEGALSV -3.doc P 12/14/2007 age 1 oft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PS OMAS 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 /z - /y- 0 7 Date N.= /y -31-o t16. CA1.� M: 12SYS020400\SURVMLEGALS\2 -3.doc 1211412007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS 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. 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 eal_t�jz�' I - David A. Moritz, PIS 7388 M:USYS020400\SURV EYV.EGALSI2 -2.doc 1211412007 /z —/ -)-07 Date Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PSOMAS 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 of: Lia David A. Moritz, PIS 7388 M:12S YS020L400`SURV EYILEGA LS\2 -I .doc 12/14/2007 /z - /y- 07 Date * /t-3/ -67 �c Of Page 1 of 1 EXHIBIT 'B' CIVIC CENTER DRIVE P.O.B. N69'14'48 "W — — — — 454.85' n — — — — WEST 16.00' 30' 1 C N8 iO A - - _ - -- ` - - — �W 55.50' I '� w M ° S003514 "A- o 16.00' 5E G� i 589'24'46' 71.50' No. 1 z 0�0 0500714 OF. ~ N N 0 - 6 -04 F 03 ' 1 I n 0 y I �(A O 1 - -- — -R oEL — 1 - - - - -I an E)046/76 30.1 I I 5 LEl PROPERTY LINE 0' 40' 80' ' ® EASEMENT �� q ASSESSOR PARCEL NUMBER SCALES 1' =80' W DESCRIPTION: Porllon of Porcel I of Inslr. No. 2005-000590714. O.R. SHEET I OF 1 SCALE: 1" 80' DRAFTED: YON P S O M A S CHECKED: DAM DISTRIBUTION FACILITIES EASEMENT 3187 Red 11111 Avenue 8250 Costa Mesa. Callforr/a 92626 DATE: 9/13/2007 z° (714) 751 -7373 www.psonos.con rJ08 NO» 2SYS020400T.2 3 A XHIB : 'B' N I ARC 1 0' 40' 80' I 1 a /7 D6 --- � - - - - -I EAST 008 -036 I 51.07' i — 30' ( 1 �n Tu I 70' L2 — I 1.3-7'— � EST 166.98' L6 �I- - - - --I I I I SOUTH 98.09'1 1 W I Iw f---- - ---jam LINE — N082. 5 4 "E S.9'244 iE— I ' L2 WEST 10.63' RTH 1 S00'35'1 4 'W 3.83' - '4 - N00'351E— 3.70' 4.30' '— S892446 "E 98.33 ' P.0.3'1 T.P.0.8. N89 24'46 "W - -- - - -- 4.07' I PARCEL 6 I d -/-J4 i L2 — I 1.3-7'— � EST 166.98' L6 �I- - - - --I I I I SOUTH 98.09'1 1 W I Iw f---- - ---jam LINE L -1 -- EBEARINWISTANCE R ' L2 WEST ~ I I s Cn N En A o fr u 3' n Y v O ■ N I FGENn - - -- PROPERTY UNE ® EASEMENT 0 ASSESSOR PARCEL NUMBER DESCRIPTION. Those portions Parcel I at SHEET 1 OF I Instrument No. 2005 - 000590714, O.R. SCALE: M s BO' DRAFTED: VON DISTRIBUTION FACILITIES EASEMENT P Sa o Avenue *A S CHECKED: DAM Costa Nrsa, Caafornh 92626 DATE: 12/12 /2007 C714> 751 -7373 srr.pso" co" JOB NOs 2SYS020400T.2 14.01 1 SIXTH STREET (VACATED) I I I I 01 a i I I I � 1 5y� a 0' 40' 80' 1 s —I a — SCALES 1' =80' I N I I I I I 1 N PROPERTY LINE 3 ® EASEMENT 2 D ASSESSOR PARCEL NUMBER "N i DESCRIPTION: That portion of Parcel 6 of SHEET i OF 1 Instrument No. 2005 - 000590714, O.R. S SCALE: P f30' a DRAFTED: VON DISTRIBUTION FACILITIES EASEMENT 3187 SRRod �A M A CHECKED DAM Casio Mesa, Caufonia 92626 DATE; 12/12/2007 `e (714) 731 -7373 ■vepsonduon JOB NO.: 2SYS020400T.2 j R EXHIRT S � � I I 1 1 Cn N I - -- 1 130 W Z _ P �-5L, I-� - - - - -1 W - -- 2�J J07141 0005, I W � - -- NI Z I PA GAL 5 - —2dt�r 71 0120 1 - 036-034 I 1 1 SIXTH STREET (VACATED) I I I I 01 a i I I I � 1 5y� a 0' 40' 80' 1 s —I a — SCALES 1' =80' I N I I I I I 1 N PROPERTY LINE 3 ® EASEMENT 2 D ASSESSOR PARCEL NUMBER "N i DESCRIPTION: That portion of Parcel 6 of SHEET i OF 1 Instrument No. 2005 - 000590714, O.R. S SCALE: P f30' a DRAFTED: VON DISTRIBUTION FACILITIES EASEMENT 3187 SRRod �A M A CHECKED DAM Casio Mesa, Caufonia 92626 DATE; 12/12/2007 `e (714) 731 -7373 ■vepsonduon JOB NO.: 2SYS020400T.2 j R 1 S I X T P'O'Be' N007- 757"E I I 3.00' l I I I WI I I I W I I I I-- Cn l i I EXHIBIT 'B' l S89'20'4: 78.73' q_ 1 STREET 7'57 "W (VACATED) N89'20'43 "W 1 ~ ~ D 78.2' I I W W LOT I LOT i I I w w U Q I l I ( 008- 067 -03 FIFTH I z 0' 4)' 80' 01 l SCALE, 1' =80' I a a aIv i LEGEND PR ERTY U E ® EAS MENT 1 ASStSSM PARCEL I I I DESCRIPTION: Those portions of Lot 5 Block C of Ross Addition to Santa Ana a Port. of 6th Street & Parton St. DISTRIBUTION FACILITIES EASEMENT STREET '4 (VACATED) w 1 I z I I z > I i I Q I a Y I > M I s I 0 j I P� II -- N P J I � r P S O M A S 3187 Red Wt Avenue #25a Cost' Hes', C'llfornl' 92626 (714) 751 -7373 wwwpsoms.con SHEET I OF I i SCALES I' . 80' N DRAFTED: VQN H N CHECKED: DAM �r DATE: 12/12/2007 e z JOB NO.: 2SYSO20400T.2 j LEGEND PR ERTY U E ® EAS MENT 1 ASStSSM PARCEL I I I DESCRIPTION: Those portions of Lot 5 Block C of Ross Addition to Santa Ana a Port. of 6th Street & Parton St. DISTRIBUTION FACILITIES EASEMENT STREET '4 (VACATED) w 1 I z I I z > I i I Q I a Y I > M I s I 0 j I P� II -- N P J I � r P S O M A S 3187 Red Wt Avenue #25a Cost' Hes', C'llfornl' 92626 (714) 751 -7373 wwwpsoms.con SHEET I OF I i SCALES I' . 80' N DRAFTED: VQN H N CHECKED: DAM �r DATE: 12/12/2007 e z JOB NO.: 2SYSO20400T.2 j