HomeMy WebLinkAboutRIM PACIFIC INVESTORS PORTOFINO, LLC. Return FULLY EXECUTED N`2025-239
Copy to City Clerk, M-30
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RIGHT-OF-WAY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT
Rim Pacific Investors Portofino, LLC,
A California Limited Liability Coml2gU
GRANTOR
1313 W. Memory Lane
Santa Ana CA 92706
APN: 002-261-29
PROPERTY ADDRESS
In consideration of which,and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this contract
constitutes the entire consideration for the Temporary Construction Easement described below for the
above-referenced project and shall relieve the City of Santa Ana ("City") of all further obligation or
claims on account of the location, grade or construction of the proposed improvement.
2. The City shall pay the undersigned grantor(s)the sum of $6,470 for this Temporary Construction
Easement.
3. Permission is hereby granted to City or its authorized agent to enter upon grantor's land where
necessary, within that certain area legally described and shown in Exhibit"A"and `S"attached hereto
and made a part hereof, for the purpose of work associated with removal, re-grading, and
reconstruction of the area ("Work") as necessary as part of the Bristol Street and Memory Lane
Intersection Improvement Project("Project").
4. The undersigned grantor(s) warrant(s)that they are the owner(s) in fee simple of the property affected
by this Temporary Easement as described in section 3 above and that they have the exclusive right to
grant this Temporary Easement.
5. The parties to this contract shall, pursuant Section 21.7(a) of Title 49,Code of Federal Regulations,
comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title
VI and the Code of Federal Regulations is to complete the USDOT Non-Discrimination Assurance
requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28
C.F.R. Section 50.3.
6. Further, no person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity that is the subject of this contract.
7. In consideration of the City's waiver of any defects and imperfections in the record title, the
undersigned grantor covenants and agrees to indemnify and hold the City 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 City shall not exceed the amount paid to the Grantor under this contract.
Pagel of 4
S. City agrees to indemnify and hold harmless the grantor from any liability arising out of City's
operations under this contract. City further agrees to assume responsibility for any damages
proximately caused by reason of City's operations under this contract and City will, at its option,
either repair or pay for such damage.
9. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the amount shown in Clause 2 above includes full payment for the Temporary Construction Easement
described in section 3 above for a period of 18 months commencing upon initiation of the Work.
This easement may also be terminated by the City upon written notice to the grantor.At least 48 hours
advance written notice will be given before any entry on grantor's property. The right of possession
and use of the subject property by the City, includes the Work described in Section 3 and shall
conform to Section 13.
Written notification shall be given to the owner at:
Rim Pacific Investors Portofino,,LLC
Attention:Jeff Harris
22982 Mill Creek Drive
Laguna Hills,CA 92653
Verbal communication with the owner shall be at telephone number(949)380-0300.
In the event owners need to provide written notification to City for information changes or property
transfers,the owner shall notify the City in writing of such occurrence at:
City of Santa Ana
Attn: Executive Director of Public Works
20 Civic Center Plaza, M-36
P.O. Box 1988
Santa Ana,CA 92701
Verbal communication with City shall be at telephone number(714)647-5631.
10. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the amount shown in Section 2 above includes full payment for the right of possession and use of the
Temporary Construction Easement.
11. The grantor agrees that no improvements other than those already on the Temporary Construction
Easement, shall be placed thereof; and the planting of any crops,trees,or shrubs,or alterations,repair,
or additions to existing improvements which may hereafter be placed thereon are at grantor's sole risk
and without expectation of payment if removed by the City.
12. It is understood and agreed that in the event the grantor plans to sell, lease, or rent the grantor's
property prior to the earliest of the completion of the project or the final expiration date of this
Temporary Construction Easement,the grantor shall inform, in writing,any and all parties involved in
said sale, lease,or rental,of this Temporary Construction Easement and associated construction
project by the City.
Page 2 of 4
13. All work done under this contract shall conform to all applicable building,fire and sanitary laws
ordinances,and regulations relating to such work,and shall be done in a good and workmanlike
manner.
14. Existing improvements located within the temporary construction easement area include concrete
paving, brick planter curbing, inground irrigation system,and landscaping items.The listed
improvements and other structures, improvements or other facilities within the temporary
construction easement area,when removed,relocated,or reconstructed by the City,shall be left in as
good condition as found.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
Page 3 of
In WITNESS WHEREOF, the parties have executed this contract the day and year first above written.
GRANTOR
By: Date: ` �i O -�
Name:
Title �at
By: Date:
Name
Title
City of Santa Ana
f
C�a.X Date:
Alvaro Nu ez
City Manager
Attest: ,y enxra
1
rrua" Date:
rim lfall
City Cle -
Approved as to Form:
Date: September 4, 2025
e Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Date:
Rudy Ros .E.
Acting Executive Director
Public Works Agency
Page 4 of 4
WHEN RECORDED PLEASE MAIL THIS
INSTRUMENT AND TAB{ STATEMENT TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana,California 92701
Free Recording Requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 27383
SPACE ABOVE THIS LINE FOR RECORDERS USE
CANCEL APPROVED AS TO APPROVED eY DESCRIPTION DESCRIPTION A.P. RAIV MAP PROJECT
TAXES FORM BY ATTY. DIRECTOR WRITTEN BY CHECKED.O.K, NUMBER NUMBER NUMBER
x 002-261-29
1313 W Memory Lane, Santa Ana CA DEED NUMBER
Return FULLY EXECUTED TEMPORARY CONSTRUCTION EASEMENT DEED N-2025-239
Copy to City Clerk, M-30
a:Pv4A Cz} FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
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Rim Pacific Investors Portofino, LLC, a California limited liability company ("Rim Pacific")
("Grantor")
Does Hereby Grant to the CITY OF SANTA ANA, a charter City and Municipal Corporation duly
organized under the Constitution and laws of the State of California ("Grantee"),
A temporary construction easement ("TCE") over that real property in the City of Santa Ana,
Orange County, State of California described in Exhibit "A" and shown in Exhibit "B", which
exhibits are attached hereto and by this reference made a part hereof.
The temporary easement granted herein shall automatically expire and terminate (and be of no
further force or effect without further action of the parties) at 11:59p.m on the date that is
eighteen (18) months after a 15 days written notice is given to Grantor by the City prior to
commencement of work within TICE area, which shall be the start date of the TCE. Upon such
termination, City shall, if requested in writing by Grantor, promptly execute and deliver to Grantor
(for recording in the Records of Orange County, California) a termination of this Temporary
Construction Easement Agreement in form and content reasonably acceptable to Grantor to
confirm such termination.
IN WITNESS WHEREOF, the grantor hereto has caused this T mp rary Construction
Easement Deed to be executed as of this day of �/ V ` 2025.
Grantor: Rim Pacific Investors Portofino, LLC, a
California limited liability company ("Rim Pacific")
Dated: �
By:
Its: S2r let I`I E,-2 /;-e�1 I?>eftj
HUITT-ZOUARS
HU13T ZOLLARS,INC.s 2603 Maln Street-SWW 400-Irvine,CA 8204.4250-848,808MO phone-840.98am2o fax-hultl-xoAars,com
R307S 13.03
04-06-18
Revised
04-12-18
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A.P.NO.002 261-29
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana,
County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of
Miscellaneous Records, in the office of the County Recorder of the County of
Los Angeles,California, and more particularly shown on Record of Survey filed in Book
64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange
County, being a strip of land, 5.00 feet in width, the Southeasterly and Easterly lines of
said strip described as follows:
Commencing at the Easterly terminus of that certain course in the Northerly Right-of-
Way line of Memory Lane, shown as having a bearing and distance of"N 8905730" W
70.12' " on said Record of Survey; thence along said Northerly Right-of-Way line North
89003128" West 17.74 feet; thence leaving said Northerly Right-of-Way line North
45*57'17" East 37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline
of Bristol Street as shown on said Record of Survey;thence along said parallel line North
01°09'S0" East 108.17 feet to a point on a line being parallel with and 185.00 feet
Northerly of the centerline of Memory Lane as shown on said Record of survey, said
point also being the TRUE POINT OF BEGINNING; thence leaving said parallel line
North 01°09'50" East 65.17 feet to a point hereinafter referred to as Point "A"; thence
continuing North 011109150"East 29.22 feet to a point hereinafter referred to as Point"B';
thence continuing North 01°09'50"East 20.67 feet to a point on that certain course shown
as having a bearing and distance of"N 89*53150" W 160.00' " on said Record of Survey,
said point being the Point of Terminus.
Said strip of land is 5.00 feet wide from the TRUE POINT OF BEGINNING to said
Point"A"; 17.77 feet wide from said Point"A"to said Point"BIt; and 5.00 feet wide from
said Point"B"to said Point of Terminus.
The Westerly line of said strip of land to be lengthened or shortened so as to originate in
said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane
and to terminate in said line having a bearing and distance of"N 89*53150" W 160.001
Containing an area of 948 square feet,more or less.
Subject to covenants, conditions,reservations, restrictions, rights-of-way and easements,
if any,of record.
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EXHIBIT"A" R307513.03
LEGAL DESCRIPTION CONTHgMD 04-06-18
TEMPORARY CONSTRUCTION EASEMENT Revised
A.P.NO. 002-261-29 04-12-18
PAGE 2
All as shown on Exhibit"B"attached hereto and by this reference made a part hereof.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
1 document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Califo is )
County of �� {-� _ )
On Cr�fj oU�5� before me,� l/!� �l�Gt1at G KDCJ.t�ce14J�Q/t9 �i•�(-Zc'
�__—_
Date Mere insert Name and Title of the Officer
g
personally appeared
Name(s)of Signer(s)
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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
NGLOUISE ROONEY WITNESS my hand and official seal.
Notary Public-California
16my
Orange County
LomrnlExpi 8 2A336,2 Comm.Expires Jan 9,2027 WSignature
Slgnature of Notary Public T
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document"
Description of Attached Document u���m OR 'r �QSx vn
Title or Type of Document: C Ct /,tlti / � e Document [late:
Number of Pages: (�Z Signer's) Other Than Named Above:
Capacity(ies) Claimed by Signgris)
Signer's Name: c7(« �. I7`ceK/e%J Signer's Name:
0,dorporate Officer — Title'(s): c5:11 CI Corporate Officer — Title(s):
El Partner -- ❑ Limited 11 General ❑Partner ---- ❑ Limited ❑General
C 1 individual F1 Attorney In Fact 0 Individual ❑Attorney in Fact
El Trustee [A Guardian or Conservator ❑Trustee C1 Guardian or Conservator
11 Other: 13 Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#15907
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Temporary
Construction Easement dated qj 2 2S from Rim Pacific Investors Portofino
LLC, a California limited liability company ("Rim Pacific") ("Grantor") to the
_..._.
City of Santa Ana, a charter City and municipal corporation organized and existing
under the Constitution and laws for the State of California is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City Council on June 1, 1988, in the compliance
with California Government Code Section 27281 and the grantee consents to
recordation thereof by its duly authorized officer.
For the City of Santa Ana:
Z ez-6
Date City Mana er
Alvaro Nunez
Date C rk
er all