HomeMy WebLinkAboutMETROLINK (SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY) (2) -2003• ,q - 2003 - vos R
RECORDING REQUESTED BY -~
AND WHEN RECORDED MAIL TO
Southern California Regional Rail Authority
Attn: Francisco Oaxaca
700 South Flower Street, 26th Floor
Los Angeles, CA 90017
Fee Exempt Recording (Government Code §6103)
EASEMENT AGREEMENT
RECITALS
This Agreement is entered inta on , 2004, by and between City
of Santa Ana, a municipal corporation of the State of California (hereinafter referred to
as "GRANTOR"), and the Southern California Regional Rail Authority, a body corporate
and politic (hereinafter referred to as "GRANTEE").
A. GRANTOR is the owner of certain real property located within Lincoln
Avenue between Eighteenth Street and Seventeenth Street, in the City of Santa Ana,
County of Orange, State of California, as is hereinafter described as the Subject
Property. The Subject Property is more particularly described in Exhibit "A-1"attached
hereto and made a part hereof.
B. GRANTEE plans to acquire property rights and construct improvements
for the operation of a second main track immediately adjacent to and west of the
existing single railroad track from approximately La Veta Avenue in the City of Orange
and south to Seventeenth Street in the City of Santa Ana. Construction would include
1.8 miles of second main track, a second railroad bridge over Santiago Creek,
construction of a barrier along the east side of Lincoln Avenue and any necessary utility
relocations (hereafter referred to as the "PROJECT").
C. GRANTOR and GRANTEE have entered into that certain unrecorded
Settlement Agreement dated January 6, 2003, which in part requires GRANTOR to
transfer an easement over certain real property to GRANTEE for the PROJECT.
NOW, THEREFORE, GRANTOR AND GRANTEE AGREE AS FOLLOWS:
1. The GRANTOR hereby grants to the GRANTEE an easement and right of
way to establish, construct, reconstruct, operate, maintain and use railroad trackage
and related or incidental uses (hereinafter collectively referred to as "railroad"), through,
on and along that certain real property (hereinafter referred to as "Easement Area")
described and depicted in "Exhibit A-1" attached hereto and made a part hereof. The
term "related or incidental uses" is limited to the construction of improvements and/or
-1-
Agreement A
• •
changes made to the Easement Area required to efficiently and effectively provide
railroad use.
To have and to hold unto the GRANTEE for the object and purpose of
constructing, reconstructing, operating, maintaining and using thereon a railroad and
appurtenances thereto. GRANTEE's railroad easement and right-of--way shall be
exclusive over the surface of the Easement Area.
2. The parties to this Agreement anticipate that the GRANTEE's needs and
requirements relating to the use of the easement granted in this Agreement may change
in the future as a result of technological improvements and/or economic conditions.
Consequently, the parties agree that GRANTEE's use of the easement for railroad
transportation may change, and that GRANTEE may change or increase GRANTEE's
use of the easement to accommodate and facilitate the "related or incidental uses" as
described herein, provided that any new use does not unreasonably increase the
burden on the servient tenement and the easement continues to be used for railroad
use.
3• By acceptance of this Easement Agreement, GRANTEE agrees that this
grant is subject to the following express limitations:
a. No construction shall be commenced within said Easement Area without prior
written notification to the Executive Director of Public Works of the City of Santa Ana or
designee (hereinafter referred to as "DIRECTOR) and, if necessary, a permit for
construction has been issued by GRANTOR. GRANTOR agrees that such application
for permits shall be reviewed within a reasonable time following receipt thereof, and that
approval will not be withheld without good cause.
b. GRANTEE shall have the right to undertake work on gutters, curbs and
sidewalk as may interfere with said improvements. However, excavation shall be made
in such manner as will cause the least injury to the surface of the ground and any
improvements and/or landscaping around such excavation, and that the earth so
removed shall be replaced and the surface of the ground and any improvements
(including without limitation to gutters, curbs and sidewalks) and/or landscaping around
such excavation damaged shall be promptly restored by GRANTEE (including, if
necessary, re-striping of Lincoln Boulevard) at its sole expense to the same condition as
existed prior to excavation and improvement, to DIRECTOR's satisfaction.
c. All improvements constructed or placed in the Easement Area by GRANTEE
shall be operated and maintained at no cost to GRANTOR and GRANTEE shall
maintain said improvements in a good state of repair.
d. GRANTEE shall hold GRANTOR harmless from any loss for damages resulting
from the inadequacy of the design, construction, operation and/or maintenance of any
permanent or temporary improvements constructed by GRANTEE within the Easement
Area. GRANTEE shall indemnify, defend with counsel mutually accepted by
-2-
Agreement A
• •
GRANTOR and GRANTEE, and hold GRANTOR, its elected and appointed officials,
agents, officers and employees harmless from any and all penalties, liabilities, or losses
resulting from claims or court action arising directly or indirectly out of any damage or
injury to persons or property by reason of the actions or omissions of the GRANTEE, its
employees, agents, and/or contractors in exercising any of the privileges herein granted
or in consequence thereof.
e. GRANTEE covenants for itself, its successors and assigns that should
GRANTEE file for abandonment or discontinuance of service of the rail line with the
Surface Transportation Commission (or other applicable regulatory authority), and
complies with all applicable laws, rules and regulations, and said abandonment or
discontinuance is approved, and Grantee thereafter ceases to use this easement for a
continuous period of eighteen (18) months for the purposes stated herein, then all rights
granted in this easement shalt terminate. GRANTEE upon written request shall execute
and deliver to GRANTOR a Quitclaim Deed to all rights granted herein at no cost to
GRANTEE.
f. GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter
defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE
breaches the obligations stated herein, or if contamination of the Easement Area by
Hazardous Material otherwise occurs or is discovered as a result of GRANTEE's use of
the Easement Area, then GRANTEE shall indemnify, defend and hold GRANTOR, and
its elected or appointed officials, officers, employees, and agents harmless from any
and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses
(including without limitation, diminution in value of the Easement Area, sums paid in
settlement of claims, consultant fees, and expert witness fees) which arise during or
after GRANTEE's use of the Easement Area as a result of such contamination.
This indemnification includes, without limitation, costs incurred by GRANTOR in
connection with any investigation of site conditions or any cleanup, remedial, removal,
or restoration work required by any federal, state, or local governmental entity or agency
because of Hazardous Material in the soil and/or ground water in, on, or under the
Easement Area, but only to the extent that GRANTOR's liability for said costs arises
solely out of its mere ownership of the Easement Area. GRANTOR is not, by the
provisions of this paragraph, released from any liability which would otherwise be
imposed by law for GRANTOR's release, disposal or placement of Hazardous Material
in the soil and/or groundwater in, on, or under the Easement Area. GRANTEE shall
promptly take all action, at its sole cost and expense, as is necessary, to clean, remove,
and restore the Easement Area to its condition prior to the introduction, if any, of
Hazardous Material by GRANTEE, provided that GRANTEE shall first have obtained
GRANTOR's written approval and any necessary approval from appropriate
governmental agencies.
As used herein, the term "Hazardous Material" means any substance, material,
or waste which is or becomes, regulated by the State, or the United States, including,
but not limited to, any material or substance which is (i) defined as a "hazardous waste,"
-3-
Agreement A
• •
"extremely hazardous waste," or "restricted hazardous waste" under Section 25115,
25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and
Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a
"hazardous substance" under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account
Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous
waste" under Section 25501 of the California Health and Safety Code, Division 20,
Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
defined as a "hazardous substance" under Section 25281 of the California Health and
Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous
Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii)
methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or
"extremely hazardous" pursuant to Article II of Title 22 of the California Code of
Regulations, Division 4, Chapter 20, (x) designated as "hazardous substances"
pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined
as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and
Recovery Act, 42 U.S.C. Sections 6901, et seq. (42 U.S.C. Section 6903) or (xii)
defined as "hazardous substances" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et
seq.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
ATTEST:
_..
f ~...~- r
PATRICIA E. HEALY
Clerk of the Council
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY
David R. Solow
Chief Executive Officer
-4-
Agreement A
• •
APPROVED AS TO FORM:
JOSEPH W. FLETCHER, City Attorney
.~
1
Ber~ja/~aufm
CfJ,,{ef sistant Ci Attorney
LLOYD W. PELLMAN, County Counsel
Helen Parker, Principal Deputy County Counsel
Principal Deputy County Counsel
Attorneys for Southern California Regional Rail Authority
-5-
Agreement A
• •
STATE OF CALIFORNIA )
COUNTY OF ) ss
ACKNOWLEDGEMENT
On , 2004, before me
personally appeared a Notary Public,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
COUNTY OF ) ss
----- )
On ACKNOWLEDGEMENT
2004, before me
personally appeared a Notary Public,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
-6-
Agreement A
•
•
SHEET 1 OF 4 SHEETS
TRIANGULAR SLIVER IN LINCOLN AVENUE, NORTH OF SEVENTEENTH STREET,
CITY OF SANTA AIVA
THAT PORTION OF LINCOLN AVENUE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, LYING WITHIN LOT 7 OF THE DERICOT TRACT AS PER MAP FILED
IN BOOK I, PAGE 95 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY
RECORDER DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SANTA CLARA AVENUE
AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY (FOR:~fERLY OWNED BY THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY) AS SHOWN ON TRACT 4528 AS PER .tifAP FILED M BOOK 162, PAGES 3 AND 4 OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 88°57'04" WEST,
13.53 FEET ALONG THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE; THENCE
SOUTH Ol°00'27" WEST, 1279.82 FEET; THENCE SOUTH Ol°02'07" WEST, 49.99 FEET TO THE
BEGINNING OF ANON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
17,180.23 FEET, A RADIAL LINE TO SAID PONT BEARS SOUTH 88°54'33" EAST; THENCE
SOUTHERLY, 190.59 FEET ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL
ANGLE OF 0°38'38"; THENCE SOUTH Ol°46'56" WEST, 49.99 FEET; THENCE
SOUTH O1°48'36" WEST, 524.45 FEET TO THE CENTERLINE OF LINCOLN AVENUE, SAID
POINT BEING THE TRUE POINT OF BEGIYYIYG; THENCE SOUTH OI°48'36" WEST, 466.02
FEET TO THE EASTERLY PROLONGATION OF THE NORTH LINE OF SEVENTEENTH STREET
AS SHOWN ON PARCEL MAP AS PER MAP FILED IN BOOK 49, PAGE 27 OF PARCEL MAPS,
RECORDS OF SAID COUNTY; THENCE SOUTH 88°47'46" EAST, 6.99 FEET ALONG SAID
WESTERLY PROLONGATION TO SAID CENTERLINE OF LINCOLN AVENUE; THENCE
NORTH 00°57'03" EAST, 466.00 FEET ALONG SAID CENTERLINE TO THE TRUE POINT OF
BEGINNING.
ALL DISTANCES N THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROLtiD
DISTANCE DlV[DE GRID DISTANCE BY 0.999981722.
CONTAINS 1628 SQUARE FEET MORE OR LESS.
~ ~r`,~-.
CALVIN L. YOSHIT~KE LS 5622
EXPIRES 1LTiE 30, 204
7 ~2 ~ /2cx~ 9-
DATE
,~ ~ C~
C
CALVIN L YO HtTAKE
EXP. JUNE ~.f~-' fo
No. 5822
CA
1Vanicel2'janice data~d~h la'.frh',lincoln 2nd main trk deliverable 07230~1`p,-~RCEL3_LI:~iCOLV.doc
EXHIBIT "A-'"
-~
SHEET 2 0 4 5F SF
ASPEN AVENUE
FD BOLT SPIKE ~~
PER CL TIES
7
FD PER CSATB
' 11
I f
I ~
SAN i A CLARA AVENUt ~
~ BOL
I
I
~ur-FALC AVENUE I
~
w S89'02 5 E, 0.24
~ ~
,f'CZ'
!
N
UNE
L;NE TABLE
I C ~_
BEARING LENGTH
U
ne
L? N88'S7'04`W
13.53
Z t
o
L2 588'47'33 `E 1.13 ,J r~
L3 588'47' 'E 8.58
L4 Sb8'47'46`E 6.89
~ SO1'46'S6 dg,gg
I
L6. S01'02'07"W x9.99 ~
I ~
~' ~
~ ~
I
f~
____ SANTA_CLA,RA AVENUE
S88'S7'04`E 638.03'
C~ ESTAB PER ..,/
l r°s.~~' ~~~,~ CSATB 10/104
~~
~~,®~,
.~
Gx.~C. 5~~ i
~~' ~~ ~
S CgL.E 1 ' 1
..;~~~y~
~ ~~~~
se,~~~
~~~ ~.
~~~~
MATCHUNE
ro~lc• Octa FR-! ,hcd~ 2nd mnln I~~Cak ran.en tlr + SEE SHEET 3
QOf~~'irP Apt ^MT' nS /n, ~...
GXNIRIT "e-1"
FD 1 ' IP l.S 2210 iv
S99'02'S7'E. 0.15`
CATALINA AVENUE ~~
FD 1 " IP LS 22 +, 0
S69'02'S7"E, 0.12'
v+
ro
N
i ~
~ N
I ~
I N
S88'S4'33'E (R~ v~
T4YENTY FIRST ST
SHEET 3 OF 4 SHEE?S
~.
~y~, ~~
~~ ~.
~.~ ~,
t~~' ~
`~
SCALE i " z t 40'
~~a~~ ~~~,~:
~I
~I
of
h
~I
of
r,I
u~
b
0
N
~,~
p ~ ~'
J ~ ~,
W ~ bn ~~~~
Z I ~ Q I ~~c
~~
w r, ~
Q °r
~ ~
~ .Z..l ~ / -- - -- ------_.-- -
O
I ~.~ ~- FD ' " .P LS .2210 FD 1.5' IP RE 561
Z 588'47'33"E, 0.08'
1~bti'ENTIETH STREET J ~ ~
- ~I
v
~ FD SPK do CSA T y~
FER CSA-B 10/179 ti~ ~"
~ I °'
T
c0
~ ZI
~ I
i
~ ~ ~ i~ I ~ yJTE: SEE SNE~ 2 F~ +'~.B~ED COI.RS=S
}~
~ -'~
__ ~ , r '!
MA ~ Cr'~INE ~ S~ SHEET a
IJ, INICE OAin\FR'1\l Incclr 2nt ,nol~ trk\coic Janten~-1npo~~V~'p4R1~.DVr~ ~5,/D1/p EXHIBIT "A-1"
r, ~Hl.!NF
• ___ ___
• ~ ~ SHEET 4 OF 4 SHEETS
MAT~HLINc S.E SHEET 3
~1 f
NINETEENTH 5TREET
I
FD SPK do CSA TIC '~ I
PER CSATH 10/ t T3 ~
S99'02'S7wE~ ~. ~ Z'
.~'~ ~ SCALE t ~ c ~ OQ'
W ~
81 .,
EIGHTEENTH STREET ~; ~c"~
~W I ~ ~~
;~~ ,~ ~~,
' FD 5PK do CSA TA ~
PER ..SATE 9/ ~ SS / 1 r' ~,~`~
589'02'S7"E, 0.14' ~ zl ~~`~
n
i ~ I
T.P.0.8.
n I
I 3 I
N
0 c
~ ~ . .C.TA R/W
g'fo
o I
~ ~~ ~r3l~ ~~ ~'
~•
w ~~,,
r ,~~
N'I '~~
i Z I ~,~'~~
~ ~~~~~
Q ~ i
~ ? ~~ PARCEL 3
0 TRIANGULAR SLNER IN LINCOLN
U NORTH OF SEVENTEENTH
Z
i J ` i
CL ESTAB PER ~ ~; t''~2~ IP ~ 22tG
CSAT9 9, 183 ~
V N TEEN TH STR EE TcsA ti!`[~LL MON
'~ N8B'3104'W 550.26'
~ ~ ~~ N88'47'4d'1/Y 1304.73' r
FO S?K dt CS4 VY pp
~ ~ PERSPCSAT~B Y1 ~25j
I
I
~ ~~
o ~ ~ Q,
~ ~ ~ z
¢~
I ~ `c"E: SEE SNEER ~ FCR ~A9L~D CCuRSES CC'
(Janke Oaca\fRh\_rro+- 2nd matr -rte\Colc .cn~~n\JhpOr1\ItnPAR38 dw4 ~~i'J1 21 EXHIBIT "A-1"