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Home My WebLink AboutMETROLINK (SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY) (3) - 2004RECORDING 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 A This Agreement is entered into 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 adjacent to the westerly side of the Orange County Transportation Authority Operational Railroad Right - of -Way on Lincoln Avenue, between Fairhaven Avenue 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 and depicted in Exhibits °B -1" and "B -2" 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 Exhibits "B -1" and "B -2" attached hereto and made a part -1- Agreement B l_ J hereof. The term "related or incidental uses" is limited to the construction of improvements and /or 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, except for such portions of the Easement Area described in Exhibits "B -3," "B-4," and "B -5" for which GRANTEE's right shall be non - exclusive. 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 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 sidewalks as may interfere with said improvements. However, any excavation shall be made in such a manner as will cause the least injury to the surface of the ground and any improvements and /or landscaping around such excavation, and 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. -2- Agreement B 0 0 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 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 shall 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, r,- eased 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 n, on, or under the Easement Area. GRANTEE shall promptly take all action, at its 4,ole 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 the appropriate governmental agencies. -3- Agreement B 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," "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 methyl tertiary butyl ether, (ix) listed under Article 9 or defined as hazardous" or(vll�) "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: j PATRICIA E. HEALY Clerk of the Council SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY David R. Solow Chief Executive Officer CITC SA ANA DAVID N. REAM City Manager Agreement B • APPROVED AS TO FORM: JOSEPH W. FLETCHER, City Attorney of Santa Ana LLOYD W. PELLMAN, County Counsel Helen Parker, Principal Deputy County Counsel Principal Deputy County Counsel Attorneys for Southern California Regional Rail Authority -5- Agreement B 0 0 STATE OF CALIFORNIA) COUNTY OF ) ss ACKNOWLEDGEMENT On , 2004, before me a Notary Public, personally appeared 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 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 Agreement B • 0 SHEET 1 OF 4 SHEETS PARCEL 1 FAIRHAVEN TO SANTA CLARA, CITY OF SANTA ANA THAT PORTION OF LOT 4, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF FAIRHAVEN AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY) AS SHOWN ON PARCEL ;dIAP FILED IN BOOK 19, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THEi,CE NORTH 89 °01'39" WEST, 13.64 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTH 00 028'37" EAST, 124.31 FEET; THENCE SOUTH 00 °59'33" WEST, 1764.29 FEET; THENCE SOUTH 01 °00'27" WEST, 281.32 FEET TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF SANTA CLARA AVENUE AS SHOWN ON TRACT 4531, AS PER MAP FILED IN BOOK 161, PAGES 20 AND 21, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 88 °57'04" EAST, 14.95 FEET ALONG SAID WESTERLY PROLONGATION TO SAID WESTERLY RIGHT OF WAY LINE AS SHOWN ON SAID TRACT 4531; THENCE NORTH 00 °59'08" EAST, 776.13 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID TRACT 4531; THENCE NORTH 88 °57'20" WEST, 2.45 FEET ALONG SAID WESTERLY PROLONGATION AND SAID RIGHT OF WAY; THENCE NORTH 00 °54'54" EAST, 1393.76 FEET CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0.999981722. CONTAINS 27,599 SQUARE FEET MORE OR LESS. CALVIN L. YOSH NICE LS 5622 EXPIRES JUNE 30 2001 % %2 4- DATE J C CALVIN L. Y SHITAKE EXP. JJNE , Z Io No. 5822 /, A Asahs14 J Ianicc .'au clwjm ums LD Irh hnciIn '!id nuin !Tk dch%c-a bics 0 - -114 P \R I,' LLI :: %CQI.N _" ' =) ''4 4 D) N \t EXHIBIT 13-l' iSHEET 2 OF 4 SHEETS I I FO CSA WELL MON PER CL TIES FD BOLT SPIKE PER CL TIES PARK AVENUE i. i FD BOLT SPIKE PER CL TIES S89'05'06 'E. 0.07' FD BOLT SPIKE PER CL TIES FAIRHAVEN AVENUE O.B. 589'01'39 "E 380.28' - W 1 WLY LINE OF O.C.T.A. R/W D Z Ld Q I 0 :—D.dL1i, �� O /� .C.T.A. R/W Q w SCALE 1" = 100 e LINE TABLE LINE BEARING LENGTH L1 N89' 1'39"W 13.64 L2 7' "W 2.45 L3 S88'57'04 "E 14.95 VIRGINIA AVENUE W oI 0 ZI I I f I MATCHLINE EXHIBIT "B -1" rn Lli 04 I I Q ^I I I31 PARCEL 1 z -J I FAIRHAVEN TO SANTA CLARA O IN THE CITY OF SANTA ANA U fo Z_ °1 :3 bi �j� Irn I VIRGINIA AVENUE W oI 0 ZI I I f I MATCHLINE EXHIBIT "B -1" Jrlttl J yr 't JnCLI.J .I MATCHLINE t t� I FD BOLT SPIKE PER CL TIES GROVEMONT AVENUE N C9 C, N N w :n N v �I r` �I rn wl V- �n Ln 01 0 zl SEE SHEET 2 PARCEL 1 FAIRHAVEN TO SANTA CLARA IN THE CITY OF SANTA ANA � �P:rl'�J 7 5571 BUJ h v\p�� SCALE 1" = 100 5141c M7 At'cn 0 z i I WLY LINE OF O.C.T.A. R/W 1 I I I I FD BOLT SPIKE PER CL TIES I I JOANA AVENUE I W I I I >I Q i Fp 2- iP W /WOOD PLUG do TAG z iI I Ind LS 2921, LEANING 0.1' +/— SELY ` I I \ NORTH LINE TRACT 4531, MM 161/20-21 zo U I I _ Q, n ) 1C1 1� 0 z MATCHLI`,E SEE SHE-' a SEE SHEET 2 FOR TABLED COURSES PXHIBIT "B -1" I FD BOLT SPIKE PER CL TIES CHERRY AVENUE IIJ j. Li < —z 0 0 FD BOLT SPIKE PER CL TIES BEECHWOOD STREET op 0 cn of z ,—PARCEL 1 FAIRHAVEN TO SANTA CLARA IN THE CITY OF SANTA ANA —O.C.T.A. P/'q SHEET 4 OF 4 SHEETS SCALE 1" = 100 < WLY LINE CF 0. C. 7 A. R ASPEN AVENUE SANTA CLARA AVENUE S88 57 04 E 638-03' FD BOLT SPIKE PER CL TIES CL ESTAB PER CSATB 10/104 0 • 0 •. SHEET 1 OF 4 SHEETS PARCEL 2 SANTA CLARA TO SEVENTEENTH STREET, CITY OF SANTA ANA THAT PORTION OF LOT 5, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 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 (FORMERLY OWNED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY) AS SHOWN ON TRACT 4528 AS PER MAP FILED IN 30OK 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 01 000'27" WEST, 1279.82 FEET; THENCE SOUTH 01 °02'07" WEST, 49.99 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 17,180.23 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 88 054'33" EAST; THENCE SOUTHERLY, 190.59 FEET ALONG SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00 038'08 "; THENCE SOUTH 01 046'56" WEST, 49.99 FEET; THENCE SOUTH 01 °48'36" WEST, 524.45 FEET TO THE CENTERLINE OF LINCOLN AVENUE; THENCE SOUTH 00 057'03" WEST, 466.00 FEET ALONG SAID CENTERLINE TO THE EASTERLY PROLONGATION OF THE NORTH LIME 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, 8.58 FEET ALONG SAID WESTERLY PROLONGATION TO SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 01 °49'23" EAST, 1004.09 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE WESTERLY PROLONGATION OF THE SOUTH LINE OF TRACT 5910 AS PER MAP FILED IN BOOK 217, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 88 047'33" EAST, 1.13 FEET ALONG SAID WESTERLY PROLONGATION AND SAID RIGHT OF WAY; THENCE NORTH 00 057'03" EAST, 1557.82 FEET CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LIME TO THE POINT OF BEGFNNING. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0.999981722. CONTAINS 36,592 SQUARE FEET MORE OR LESS. CALVIN L. YOSHITAXE LS 5622 EXPIRES JUNE 30, 2004 % t/23A)g DATE ��- C CALVIN L. Y HITAKE EXP. JUNE 30, No. 5822 /Tl CAS' a,ahil 4 Jjamic Lta 4.nlnr him s L3 it Iuka!n ::id ❑uin trk dcir.cnClcI -- -'1 ? \Rl Li_ ` ( -CL`. Jc - =3 G4 4 4- P \1 I ASPEN AVENUE FD BOLT SPIKE PER CL TIES FD PER CSATB SANTA CLARA AVENUE FD BOLT SPIKE — S89'02'57 "E. 0.20 JI I1-1�1 L VI T JI ILLI. • 2Q I' ' SANTA CLARA AVENUE I LI�POB S88'57'04 'E 638.03' I! BUFFALO AVENUE S89'02 57 E. 0.24 W Z Lli Q I; z J f LINE TABLE LINE BEARING I LENGTH L11 N8657'04-WI 13.53 L21 588'47'33 "E 1.13 L3 _S88'47'46"El 8.58 L4 S88 47'46"E 6.99 L5 S01'46'56"W 49.99 L6 S01'02'07"W 49.99 O ! Z_ � oI uA,�,cc a 14520 WLY LINE OF O.C.TA. R/W �� Ca ;r d� 7RA& C7 51010 CL ESTAB PER CSATB 10/104 1(32 / 0-4 PARCEL 2 SANTA CLARA TO SEVENTEENTH IN THE CITY OF SANTA ANA I SCALE 1 " _ 00 N W In s_ In a CD �I 0 0 NI I I I I i '1I i I � I 1IATCHL1NE SE_ Sri-_ 3 'Janice Data,FRtj L reoln 2nd mein trk r•^fc ..'creen\.'.:nprr' \''�aeP, 'w^ EXHIBIT "B -2" SHEET 3 OF 4 SHEETS MATCHLINE SEE SHEET 2 FD 1" IP LS 2210 S89'02'57 "E, 0.15' i 10 CATALINA AVENUE 0 ozl O QO� 'TRACT Solo SCALE 1" = 100' FD 1" IP LS 2210 / m S89'02'57 "E, 0.12' Lr ai PARCEL 2 SANTA CLARA TO SEVENTEENTH 3 IN THE CITY OF SANTA ANA N O t` N O o `-j �O.C.T.A. R/W S88'S4'33 "E (R) N MATCHLIN SEE SHEET 4 EXHIBIT "B -2" TWENTY FIRST ST R= 17,180.23 DELTA = 0'38'08 "f' W L= 190.59 :D I W Q� U-1 I �J > Q Z Ln J (> FD 1 " IP LS 2210 FD 1 .5" IP RE 561 Z 588'47'33 "E, 0.08' —' ° 1 TWENTIETH STREET — °I 0 �n `r FD SPK & CSA TAG PER CSATB 10/179 N Ln i `l N am °1 Z 00 I F) NOTE: SEE SHEET 2 FOR TABLED COURSES I 1 I MATCHLIN SEE SHEET 4 EXHIBIT "B -2" i V) Z 0 i Q • W MATCHLINE SEE SHEET 3 NINETEENTH STREET FD SPK do CSA TAG PER CSATB 10/173 589'02'57 "E, 0.12' EIGHTEENTH STREET FD SPK do CSA T� PER CSATB 9/155 S89'02'57 "E, 0.14' N N O 0 0 a W z w Q Z J O U Z_ J CL ESTAB PER CSATB 9/183 FD CSA WELL MON SEVENTEENTH STREET N88'31'04"W 550.26' FD SPK do CSA W I i I � I I I uE 3 . cO o SCALE 1" = 100' n o of Lu 0� N (n 7 lz S I !� I O.C.T.A. R/W io o I l PARCEL 2 SANTA CLARA TO SEVENTEENTH IN THE CITY OF SANTA ANA IJ I I D 1-1/2" IP LS 2210 3 N88'47'46 "W 1304.73' FD SPK do WASHER PER CSATB 11/257 � W >i Q Z QI 0' I NOTE: SEE SHEET 2 FOR TABLED COURSES - VUIRIT "R -7" SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION SANTA CLARA AVENUE (NORTH), CITY OF SANTA ANA THAT PORTION OF LOT 4, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SANTA CLARA AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY) AS SHOWN ON TRACT 4531, FILED IN BOOK 161, PAGES 20 AND 21, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 00 059'03" EAST, 10.47 FEET ALONG SAID WESTERLY LINE; THENCE NORTH 31 *05'V"' WEST, 15.09 FEET; THENCE SOUTH 01 000'27" WEST, 12.54 FEET TO THE WESTERLY PROLONGATION OF SAID NORTHERLY LIME OF SANTA CLARA AVENUE; THENCE SOUTH 88 °57'04" EAST, 14.95 FEET ALONG SAID NORTHERLY LINE OF SANTA CLARA AVENUE TO THE POINT OF BEGINNING. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0.99995 1722. CONTAINS 172.01 SQUARE FEET MORE OR LESS. CALVIN L. YOSHIT K LS 5622 JCAIVIN L Y TAK EXPIRES JUNE 30, 004 * EXP. JUNE 0, a No. 5822 Z / t ► /C� � 9��. p� DATE OF CAL IL e D:\janicedataldmjm-harris LB`,CRET%fairha ) en north lecals'S� \NT �_CLA1L�_NORTH.doc 2/10/04 r EXHIBIT "B -3" SHEET 2 OF 2 SHEETS FO CSA WELL MON PER CL TIES FAIRHAVEN , AVENUE ASPEN AVENUE L2 _ r7,,p _ Poe J J IQ Q Z S89'O1'39 "E 380.28' C) O w FD BOLT SPIKE O Z) PER CL TIES z w (n > SCALE 1' - 50' Q I W iD co p ai I N V� C� Li NUMBER BEARING 01STANCE Z Ll N 00'59'08" E 10.47' > C'� �� A,',C7 ; L2 N 81'05'09' W 15.09' < L3 S 01'00'27" W 12.54' Z L4 S 88'57'04" E 14.95' —1 O 71 v O.C.T.A. R/W FD BOLT SPIKE PER CL TIES S89'05' 10 "E, 0.06' WLY LINE OF O.C.T.A. R/W ASPEN AVENUE L2 _ r7,,p _ Poe J J IQ Q Z 0 SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION SANTA CLARA AVENUE (SOUTH), CITY OF SANT ANA THAT PORTION OF LOT 5, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 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 (FORMERLY OWNED BY THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY) AS SHOWN ON TRACT 4528 AS PER MAP FILED IN BOOK 162, PAGES 3 AND 4 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 88 057'04" WEST, 13.53 FEET ALONG THE WES'i ERL'i PROLONGATION OF SAID SOUTHERLY LIME; THENCE SOUTH 01 °00'27" WEST, 7.80 FEET; THENCE SOUTH 88 059'34" EAST, 13.54 FEET TO SAID WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY; THENCE NORTH 00 057'03" EAST, 7.79 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0.999981722. CONTAINS 105.49 SQUARE FEET MORE OR LESS. C-e �� c�e_ CALVIN L. YOSHITA4 LS 5622 CALVIN L. Y AKE EXPIRES JUNE 30, 210 • 4 EXP. JUNE , 2—/(k/04 DATE No. 5822 C 1A � D: \janice data \dmjm- harris LB \CRET\fairhaven north legals\santa_clara_south.doc 2/10/04 EXHIBIT "B-4" �J(r J SCALE 1' - 50' FD BOLT SPIKE -- PER CL TIES S89'05' 10 "E, 0.06 ASPEN AVENUE FO BOLT SPIKE PER CL TIES NUM8ER BEARING DISTANCE L1 N 88'57'04" W 13.53' L2 S 01'00'27" W 7.80' L3 S 88'59'34" E 13.54' La N 00'57'03" E 7.79' CL ESTAB PER CSATB 9/183 FO CSA WELL MON N88'3104"W 550.26 I- IZ O o% Q L� CITY OF SANTA ANA, CALIF. CRET\UNCOLN \LEGAL \LncSantaClara2.d.q 02/04/04 W 7 a Z Oi z I SHEET 2 OF 2 SHEETS L1 N J SANTA CLARA AVENUE N88'57'04 "W 638.03' POB � J I L3 WLY LINE OF O.C.T.A. R/W of , J I 7RAC 7 4231 �Sl l 20-2 l > Q ��`1 CTS z � O.C.T.A. R/W z i o °I 0 �QP Z_ z F-- `WLY LINE OF O.C.T.A. R/W cn I I E CL ESTAB PER CSATB 10/104 I=- Q TI L1 N J SANTA CLARA AVENUE N88'57'04 "W 638.03' POB � J I L3 WLY LINE OF O.C.T.A. R/W of , � N S �� I z i ar; SEVENTEENTH STREET _ N88'47'46 "W 1304.73' �- FD SPK ac WASHER PER CSATB 11/257 W 7 QI Z Q C� EXHIBIT "B-4" SHEET 1 OF 2 SHEETS PARCEL 1 FAIRHAVEN AVENUE (SOUTH), CITY OF SANTA ANA THAT PORTION OF LOT 4, BLOCK "A" OF THE A. B. CHAPMAN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF FAIRHAVEN AVENUE AND THE WESTERLY LINE OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY (FORMERLY OWNED BY THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY) AS SHOWN ON PARCEL NIAP FILED IN BOOK 19, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 89 °01'39" WEST, 13.64 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTH 00 °23'37" EAST, 16.03 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 61 °23'25" WEST; THENCE NORTHEASTERLY, 20.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 004'18" TO SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 00 °54'54" EAST, 0.68 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. ALL DISTANCES IN THE ABOVE DESCRIBED PARCEL ARE GRID. TO OBTAIN GROUND DISTANCE DIVIDE GRID DISTANCE BY 0.999981722. CONTAINS 98.35 SQUARE FEET MORE OR LESS. CALVIN L. YOSHI LS 5622 CALVIN L. S TAKE EXPIRES JUNE 3 14 * EXP. JUNE o4 ° `n�' No. 5822 DATE OF CA,L- x D:\janicedata\dmjm-harrisLB\CR.E-i :airhaven north legals`,FAIRHAVEN_SOUTH.doc 2/10iO4 EXHIBIT S "B� -5" i �. ,-r,,, 1 � l �II ✓l l l 0 0 SHEET 2 OF 2 SHEETS FD BOLT SPIKE \ FD CSA WELL MON PER CL TIES PER CL TIES 1 S89'01'39 "E 380.28' POB FAIRHAVEN AVENUE L1 `' L3 IN -61.\ 0 J Li SCALE t" = 50' I WLY LINE OF O.C.T.A. R/W w � z l< w z _--- O.C.T.A. R/W FD BOLT SPIKE PER CL TIES PARK AVENUE CITY OF SANTA ANA, CAL F. Cret\ Lincoln \Legal \LincFcinccrenl.d +g 02/05/04 i� NUMBER i N L1 Q 13.64' L2 S 00'28'37" E O L3 N 00'54'54" E 120.48 O U N z N J w v v ul I p O Z FD BOLT SPIKE PER CL TIES PARK AVENUE CITY OF SANTA ANA, CAL F. Cret\ Lincoln \Legal \LincFcinccrenl.d +g 02/05/04 i� NUMBER BEARING DISTANCE L1 N 89'01'39" W 13.64' L2 S 00'28'37" E 16.08' L3 N 00'54'54" E 120.48 w D z w Q O (n Q w EXHIBIT "B -5" �L'- NUMBER IDELTA I RADIUS ILENGTH C1 26'04'18" 145.00 120.48 w D z w Q O (n Q w EXHIBIT "B -5" �L'-