HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPARTMENT OF TRANSPORTATION (CALTRANS) - 2006 A-2006-283
STATE OF CALIFORNIA• DEPARTMEM TRANSPORTATION Page 1 of 2
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 Rev.6/95
City of Santa Ana ,California 12 ORA 5 33.31 OR0011
Dist Co Rte Post Exp Auth
i (Ark, ,30 ,2009
Grantor: City of Santa Ana
Document No. 102349, in the form of a Permanent Highway Easement covering the property particularly described in the
above instrument has been executed and delivered to Delia Sloss,Right of Way Agent for the State of California("Grantee").
In consideration of which,and the other considerations hereinafter set forth,it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the
entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or
on account of the location,grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Document No. 102349 for State highway purposes, a public use for which
Grantee has the authority to exercise the power of eminent domain. Grantor has offered to donate the Highway
Easement mentioned hereinabove and Grantee is compelled to accept this interest in the property.
2. The State shall:
(A) Accept delivery of property or interest conveyed by above document.
(B)Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State,the
premium charged therefor.
3. It is agreed that the property conveyed by Document No. 102349 is being donated to the State by the undersigned Grantor.
Grantor having initiated this donation has been informed of the right to compensation for the property donated and hereby
waives such right to compensation.
4. In consideration of the State's waiving the defects and imperfections in the record title, as set forth in 2(a), the undersigned
Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other
parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not
exceed the amount paid to the Grantor under this contract.
5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,the right of possession
and use of the subject property by the State,including the right to remove and dispose of improvements,if any,
commenced on September 19, 1985 date of as-built certification. It is understood by and between both parties that the
State's project has been completed.
6. Escrow will be handled through an internal escrow with the Department of Transportation,3337 Michelson Drive, Suite
380,Irvine, CA 92612-8894.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cont.) Page 2 of 2
RW 8-3(Rev.6/95)
In WITNESS WHEREOF,the parties have executed this agreement the day and year first above written.
GRANTOR
CITY OF SANT, A Ai
By: 4—.. / . r ,
(Grantor)
APPROVED AS TO FORM: ATTE •
JOSEPH W.FLETCHER
City Attorney /
PATRICIA E. HEAL i`
•By. CLERK OF THE COUNCIL
K.ylee O
Assista ity Attorney
GRANTEE
Recommended for Approval:
STATE OF CALIFORNIA
Department of Transportation
...,. ;.,4,t ,
By: i(aQi„,
Delia Sloss • By:
Right of Way Agent Robert P.EnriquiCh' f
7.
R/W Appraisals,Local Programs,
and Relocation Assistance
Office of Right f Way—District 12
Date: 6 r °r
NO OBLIGATION OTHER THAN THOSE SETFORTH HEREIN WILL BE RECOGNIZED
A-2006-283
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION EXHIBIT
ACKNOWLEDGEMENT FOR DONATIONS 17-EX-8(6/2002)
(Form#)
Project Broadway Bridge Overcrossing File City of Santa Ana
Parcel 102349 Federal Project No. N/A
Limits Ora/I-5/P.M.33.310
We, the undersigned, do hereby acknowledge that we have been fully informed of our rights under Federal law to receive
just compensation for the Permanent Highway Easement over that portion of our property shown shaded in red on the map
attached hereto and made a part hereof,and that we have also been informed of our right to have an appraisal made of said
property along with an offer of just compensation.
However, we do hereby waive these rights and agree to donate said Permanent Highway Easement to the State of California
for the Broadway Bridge Overcrossing improvement.
This acknowledgement is signed by us freely and without coercion of any kind.
•
.PA T`R/c/A E HEAL Y d
Name
—x,10 /U. Re-40A
CLERK OF TIl COUNCIL
(P ' t or Type
Signed /�
Date 3 - 5C.)—C-39
City of Santa Ana
Name �'lJ Cc-i I . -t.2E Z
(Printor Type)
Signed Cc r C ' Z t ' Date /C7
Robert P.Enriquez, ranchef
• R/W Appraisals, cal Pro ams,
Relocation Assistance
0; ? \'II A ( And.~f,\ on ()l R-YSvsm""0 )(3)
STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT. STATE HIGHWAY
RW 8-3 Rev. 6/95
COP
A-2006-283
Page 1012
City of Santa Ana
, California
12
Dist
ORA
Co
5
-
Rte
33.31
-
Post
OROOll
Exp Auth
,2009
Grantor: City of Santa Ana
Document No. 102349. in the form of a Permanent Highway Easement covering the property particularly described in the
above instrument has been executed and delivered to Delia Sloss. Right of Way Agent for the State of California ("Grantee").
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the
entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or
on account of the location, grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Document No. 102349 for State highway purposes, a public use for which
Grantee has the authority to exercise the power of eminent domain. Grantor has offered to donate the Highway
Easement mentioned hereinabove and Grantee is compelled to accept this interest in the property.
2. The State shall:
(A) Accept delivery of property or interest conveyed by above document.
(B) Pay all escrow and record;ng fees incurred in this transaction and, if title insurance is desired by the State, the
premium charged therefor.
3. It is agreed that the property conveyed by Document No. 102349 is being donated to the State by the undersigned Grantor.
Grantor having initiated this donation has been informed of the right to compensation for the property donated and hereby
waives such right to compensation.
4. In consideration of the State's waiving the defects and imperfections in the record title, as set forth in 2(a), the undersigned
Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other
parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not
exceed the amount paid to the Grantor under this contract.
5. It is agreed and confIrmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession
and use of the subject property by the State, including the right to remove and dispose ofirnprovements, if any,
commenced on SeDtember 19. 1985 date of as-built certifIcation. It is understood by and between both parties that the
State's project has been completed.
6. Escrow will be handled through an internal escrow with the Deoartment of TransDortation ,3337 Michelson Drive, Suite
380, Irvine, CA 92612-8894.
RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cant.)
RW 8-3 (Rev. 6/95)
co~
y
In WITNESS WHEREOF, the parties have executed this agreement the day and year fIrst above written.
GRANTOR
C~:YOFSANJt:4? t2
(Grantor)
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
- .
By:
)1~
PATRICIA E. HEALY,
CLERK OF THE COUNCIL
Kylee 0
Assista
GRANTEE
Recommended for Approval:
STATE OF CALIFORNIA
Department of Transportation
By:
Delia Sloss
Right of Way Agent
By.
Robert P. Enriquez, Chief
R/W Appraisals, Local Programs,
and Relocation Assistance
Office of Right of Way - District 12
Date:
NO OBLIGATION OTHER THAN THOSE SETFORTH HEREIN WILL BE RECOGNIZED
Page 2 of 2
STATE OF CALIFORNIA. DEPAR1MENT OF TRANSPORTATION
ACKNOWLEDGEMENT FOR DONATIONS
(Form #)
CO~y
A-2006-283
EXHillIT
17-EX-8 (6/2002)
Project
Broadway Bridge Overcrossing
File
City of Santa Ana
Parcel
102349
Federal Project No. NIA
Limits
Orall-51 P.M. 33.310
We, the nndersigned, do hereby acknowledge that we have been fully informed of our rights nnder Federal law to receive
just compensation for the Permanent Highwav Easement over that portion of our property shown shaded in red on the map
attached hereto and made a part hereof; and that we have also been informed of our right to have an appraisal made of safd.
property along with an offer of just compensation. ".'
However, we do hereby waive these rights and agree to donate said Permanent Highwav Easement to the State of Califo
for the Broadwav Brid2:e Overcrossine: improvement.
.,---"...;
This acknowledgement is signed by us freely and without coercion of any kind.
~ ,
ATTESTI
Name
DA-VI () p. f( e-.4\JV)
~ (Print or Type)
. /kZ
City of Santa Ana
PA TRICIA E. HEAL Y
CLERK OF THE COUNCIL
Signed
Date 1/J()/1J If .
. f
Name
(Print or Type)
Signed
Date
Robert P. Enriquez, Branch Chief
R/W Appraisals, Local Programs,
Relocation Assistance
,-
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT 12, OFFICE OF RIGHT OF WAY
3337 MICHELSON DRIVE, SUITE 380
IRVINE, CA 92612-8894
ATTENTION: R/W ENGINEERING MAP ROOM
15~C~/~Tfitiyl ~1~~~ ~r?~ ~~~-~(~~/~ Cod
G /03 . N~ Ta~c due ~r Cale It ~1Z Z
Right of Way Map Scan No. SC-FMS-0088-01RR1
RWPE: D.R. Mertens (12-20-06}
Written: J.P.E. Checked: D.R.M
HIGHWAY EASEMENT
DEED
(CORPORATION)
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
2009000243463 02:54pm 05/14/09
116 8 E01 4
o.oo o.oo o.oo o.oo o.oo o.oo o.oo o.oo
Space above this line
Broadway O.C.
A-2006-283
District Coun Route Post Number
12
O~ 005 33.310 102349
CONFORl1~FDCppY
Not Comp~rsr~ ; .~, '~arir~inal
The CITY OF SANTA ANA, a municipal corporation organized and existing under and by virtue of the laws of the State
of Califomia, does hereby grant, convey and dedicate to the STATE. OF CALIFORNIA, the right of way and incidents
thereto for a public highway upon, over and across that certain real property, in the City of Santa Ana, County of
Orange, State of California, described as:
Parcel 102349
Those portions of Lots 1, 2, 6, and 27 of Potts, Borden and Sidwell Tract, as shown on a map recorded in Book 4,
page 624 of Miscellaneous Records of Los Angeles County, California, together with those portions of Lots 1 and 5
of Block "C" and that part of Lot "Y" and that part of Lot 11 of Block "D" of Tract No.512, as shown on a map recorded
in Book 19, page 16 of Miscellaneous Maps of Orange County, California, described as a whole as follows:
BEGINNING at the point of intersection of the Northerly right of way line of Arnett Drive (60.00 feet wide), as described
in a State of California Division of Highways Relinquishment Request No. 490, recorded October 20, 1966 in Book
8081, page 331 of Official Records of said Orange County, with a line lying 51.00 feet Easterly of and parallel with the
approximate center line of Broadway (as constructed), said approximate center line being a straight line between a
point on the center line of Arnett Drive, distant thereon North 87°15'34" West, 242.67 feet from the Easterly terminus of
that certain course shown as " N 87°15'34" W 351.52` " on a map filed in Book 116, pages 38 and 39 of Parcel Maps in
the office of the County Recorder of said Orange County, and a point on the center line of Owens Drive 627.32 feet
Westerly of the center line intersection of said Owens Drive with North Main Street, as shown on a map filed in Book
122, page 23 of Record of Surveys in said office of said county recorder; thence North 01°54'45" East, 89.50 feet along
said parallel line to the most Northerly corner of State Parcel No.73157-2 as described in a grant deed recorded June
10, 1992 as Instrument Number 92-391905 of said official records of said county; thence continuing North 01°54'45"
East, 197.10 feet; thence North 88°05'15" West, 99.00 feet to a point on a line lying 48.00 feet Westerly of and parallel
with said approximate center line of Broadway; thence along said parallel line South 01°54'45" West, 225.99 feet to the
Northerly terminus of that certain course of State Parcel No.73157-1 as described in said grant deed as "North 01° 54'
45" East, 58.08 feet "; thence along said course South 01°54'45" West, 58.08 feet to a point on that certain curve in
said Northerly line of Arnett Drive, said curve being concave Northeasterly and having a radius of 120.00 feet, to which
point a radial bears South 10°29'28" West; thence Easterly along said curve and said Northerly line through a central
angle of 07°45'04", an arc distance of 16.23 feet; thence continuing along said Northerly line South 87°15'36" East,
82.84 feet to the POINT OF BEGINNING.
Form RW 6-1(F) (Revised 10/99)
,~
' • •
EXCEPTING THEREFROM, ANY PORTION thereof of that certain parcel of land numbered as "Parcel 5a" as
described in EXHIBIT A and as shown in plan view in EXHIBIT B in a grant deed recorded April 21, 2006 as Instrument
Number 2006000269735 of said official records of said county.
The bearings and distances used in the above description are on the California Coordinate System of 1927, Zone 6.
Multiply all distances used in the above description by 1.00001210 to obtain ground level distances.
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
f
SIGNATURE
Donald R. Mertens, .L.S. 4612
DATE ~ lR~D7
~,it~~~ ~R~;D SG
~~ ~~ .•'~ R. l,~~C .'~l.,~
`°~ : o ~ ',
~ ;~ N0.4612 N
fa
930%$'"~,
1 s
Parcel 102349
Form RW 6-1(F) (Revised 10/99)
• Number
102349
The grantor hereby further grants to grantee all trees, growths (growing or that may hereafter grow), and road
building materials within said right of way, fogether with the right to use the same in such manner and at such locations
as said grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or
maintenance of said highway.
IN WITNESS WHEREOF, said corporation has caused its cor orate name to be hereunto subscribed and its
corporate seal to be affixed hereto, this ~ L day of -~ 2009.
Approved as to form:
~~ f City At rney Ky Ire D tfo
ATTr~~`I"q
-~-
PATR/C/A E. HEALY
C[ E.~4~C' (3F T"HE COUNC/L
State of California
County of
On before
appeared
SS
(Here insert name and title of the officer)
ACKNOWLEDGMENT
personally
who proved to me on the. basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in.his/her/their authorized capacity (ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
(Seal)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in
the within deed and consents to the recordation thereof.
IN WITNE,,SS WHEREOF,1 h ve hereunto set my ~iand
this _~ day of ~~~%- 20 ~``' c
v ,L. .Will Kematon
Dir ctor of Transportation
~~
Attorney i act ,
Robert P. Enriquez, Branch Chief
R/W Appraisals, Local Programs, Relocation Assistance
For: The Ci f Sant a a munici al corporation Grantor)
By City Manager
~~~ to ~• ~ C P4 1^i\
Pnnt Name
Form RW 6-1(F) (Revised 08/06)
CALIFORNIA ALL-Pt~OSE ACKNOWLEDGMENT
State of California
County of Orange } SS.
On March 30, 2009 before me Claudia M. Fernandez-Shaw, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared David N. Ream
who proved to me on the basis of satisfactory
evidence to be the person( whose name(
~aFe-subscribed to the// within instrument
and acknowledged to me that ~/s#ae,(they
executed the same in tlrteir
authorized capacity(Tes), and that by
c,~/F~eFkhsir signature(s`f on the instrument the
person(s~!or the entity upon behalf of which
CIAUDIA M. FERNANDEZ-SHAW
r the person(, acted, executed the instrument.
~
] Commtssfon # 1633539
< - ~ Notary Public - Catifornla ~
Orange County
~ ~ ~ ~ I certif under PENALTY OF PERJURY under
y
,
My Comm. Expires Jan 25, 2010 the laws of the State of California that the
foregoing is true and correct.
ITNESS mfy hand and official seal.
Place Notary Seal Above /~
/ Signature of Notary Publi
`-~ OPTIONAL "'
Though fhe information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer -Title(s):
^ Partner -- ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer is Representing:
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 16, 2006
TITLE:
EASEMENT DEED TO STATE OF
CALIFORNIA DEPARTMENT OF
TRANSPORTATION AT BROADWAY
BRIDGE
APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2"" Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
---
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute an
agreement with the State of California Department of Transportation to
grant a highway easement for the Broadway Bridge Overcrossing.
DISCUSSION
In the mid 1980's, the State of California Department of Transportation
(Caltrans) built the Broadway Overcrossing over Route 5 and the Santiago
Creek Channel. During the design phase of the project, Caltrans
identified the need for a highway easement parcel over the City's real
property at the north end of the bridge (Exhibit 1). During recent
investigations into right of way ownership near the bridge, Caltrans
staff determined that the Caltrans did not acquire the subject highway
easement from the City.
Caltrans has been maintaining the bridge since its construction and has
indicated it plans to continue maintaining the bridge. In order to
continue this practice, Caltrans has requested the City grant the
easement as intended in the early 1980's. City staff has been working
with Caltrans and supports the donation of the highway easement.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed action is exempt from further review. Categorical Exemption ER
No. 2006-172 will be filed for this project.
251-1
Highway Easement to Caltrans
October 16, 2006
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
'l ~V;C7t(
James G. Ross
Executive Director
Public Works Agency
251-2
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'SANTA ANA
'PWA'DATE<
, , OCT. 16, 2006
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IN.T.$.)
EXHIBIT A
11tIe<
EASB.ENT DEED TO STAlE OF
CALIFORNIA DEPARTMENT OF
TRANSPORTA11ON AT BPt:JAOWAY BADGE
251-3
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