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HomeMy WebLinkAbout25I - RIGHT-OF-WAY FIRST ST BRIDGEREQUEST FOR r ??, COUNCIL ACTION `? ""? _? CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: RIGHT-OF-WAY ACQUISITION FOR FIRST STREET BRIDGE REPLACEMENT (PROJECT NO. 061723) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended Q As Amended (] Ordinance on 'I? Reading ? Ordinance on 2ntl Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached acquisition agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney, with Orange County Flood Control District for an easement for construction of First Street Bridge over Santa Ana River in the amount of $40,900. DISCUSSION The First Street Bridge over the Santa Ana River currently consists of two lanes in each direction. Adjacent roadway segments have three lanes in each direction. The improvements will include the demolition of the existing bridge and construction of a new bridge to accommodate three lanes in each direction. The proposed project will also enhance public safety by providing sidewalks on the north and south sides of the bridge. The replacement bridge is wider and requires an additional easement from the Orange County Flood Control District (OCFCD) over the Santa Ana River. An appraisal of the required easement was prepared by a qualified appraiser which was determined to be $40,900_ The City has made the offer and the OCFCD has accepted the City's offer for the proposed easement- The Board of Supervisors granted the City aRight-of-Entry for the easement area at their October 5, 201 O meeting. City Council approval of the acquisition agreement is needed to keep the project on schedule and meet the funding deadline. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration was approved by the City Council on August 16, 201 O. (ER No. 2010-108.) 251-1 Right-of-Way acquisition for first street bridge October 18, 201 O Page 2 FISCAL IMPACT Funds are available in the Select Street Construction Fund (accounting unit 03217660-66100 project no. 061723). Raul Godinez II Executive Direct Public Works Agency RG/SA Exhibit: 1 . Acquisition agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ?d Executive Director Finance & Management Services Agency 251-2 PURCHASE AND SALE AGREEMENT First Street Bridge Widening THIS AGREEMENT, entered into on October 18, 2010, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "CITY"), and ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (hereinafter "DISTRICT"), regardless of number or gender- RECITALS 1 . CITY desires to improve the First Street Bridge over the Santa Ana River to accommodate three traffic lanes in each direction, and provide sidewalks on the north and south side of the bridge (hereinafter "the Project"); and 2. The improved bridge requires additional easement from the DISTRICT over the Santa Ana River; and 3. The Orange County Board of Supervisors has granted the City aRight-of--Entry for construction of the Project; and 4. The CITY requires a perpetual easement for street and highway purposes. THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, DISTRICT agrees to grant to CITY, in exchange for the consideration described herein, a perpetual easement for street and highway purposes (the "Easement") and a temporary construction easement, in, on, over, upon and across that certain real property (hereinafter the "Easement Area") legally described and depicted in the Easement Deed, attached hereto as Exhibit A. The creation of the Easements shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions: 1 . Grant of Easement DISTRICT agrees to execute anon-exclusive, perpetual Easement in the form of the Easement Deed set forth in Exhibit "A" to this Agreement. 2. Payment of Purchase Price. CITY agrees to pay to DISTRICT, and DISTRICT agrees to accept from CITY, as and for the full purchase price for Easement, the total sum of Forty Thousand Nine Hundred and No/100 Dollars ($40,900.00) (the "Purchase Price"). 3. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the CITY and DISTRICT. 4. No Third Party Beneficiary. This Agreement is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 5. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 6. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 251-3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first written above. Approved as to Form Office of the County Counsel By: Deputy ATTEST: Maria D. Huizar Clerk of the Council Approved as to Form: Joseph W. Fletcher City Attorney Laura Sheedy Assistant City Attorney DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT By: Chair, Board of Supervisors Orange County, California Date: , 201 O CITY CITY OF SANTA ANA David N. Ream City Manager Date: 2010 251-4 Attachment A EKHIBff A EASEMENT wryLyio THAT PORTIp.V pF THE WEST HALF OF THE SOUTHlYEST OVARTER OF TFC $OtlTHEA3T OVARTER OF 9ECTfON tO. T(YNN$H? 6 SOVTH, fLJYlOE 10 WEST, $A!J BERNARUbVO NIERID-AN. IN THE C11' OF 9ANTA AJJ.? COUNTY OF OWINOE, STATE OF CALIFC RIVW. OESCHIBED A9 FLHLU'J3: B EOINNING AT THE INTE/ISECTION OF NORTH RIGHT OF YIAY LINE OF F839T STREET (70 FeET NlLLF VJIDTHJ Y/!i}i THE SOUTHEASTERLY RKJM OF WAY LINE OF THE SAJYTA ANA RNER CHANNEL (a00 FEET IN VlIDTH) A3 OESCRtBEO IN THE OEEO Tq THE ORANGE COUNTY FL000 CONTROL O19lRICT R-pOROEO AUOVST 18. 5958, IN BOOK 4988. PAGE 1Gl O=PICNIC REGOFOS, IN THE OFFICE THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH b8'72't4' ?VEST 42279 FEET ALONG SAID NORTH RIGHT pF WAY LINE CF .IR9T 3TFEET TO THE NORTroYESTERLY RIONT OF 'NAY URE OP 9A10 CHANNEL FOR TJI? SANTA IVlA RIVER, BEING A POIf4T ON A NONTANOEM CUR1iE CONGIVE BOUT/IEASTERLY HAVING A RAOI US OF 11,659.20 FEET, A RAgAL BEARING TO 3Alp POIJJi BEARb NORTH ]J'Ob'02' VVF.31; THENCE NORlF£A9TERLY iB.BT FEET ALONG SAID CW1iVE AND ALONG 6N0 NORTHWESTERLY RIGHT OF WAY UHE 7aROUGH A CENTRAL ANGLE OF JO'Oe'8g TO A LINE PARALLEL WITH AND 18.00 FEET NORTHERLY CF SND NOMtt WGHI OF YIAY UNE OF FIRST STREET; THENCE NlX4TANGENi ALONG RAID PAR/LLLEL LLVE bOVTH 39'72'ta' FJ`ST x01.60 FEET: THENOE NORTH 3T•18'b B' FAST 9.76 FEET; THENCE 90VTH 88'82'14' EAST 18.69 FEET TO THE SOIR /fEASIE/iLY RK3NT OF WAY LWE OF THE 9WTA ANA RNER OJWNNEL„ BEING A POINT ON R NCNTANGENT CUitVE OCNCAVE SOVTHJIBTEFLY HAVING A RAOIUb OF /t,2Ti82D FEET, A PADIAL BEARING TO SAID POINT BF11R5 NORTH ]O'2t'12' VlESP. TNENC6 SDUTFMIE9TERLV 20.t1 FEET ALOIJO SAID CVR`!E ANO AlOfA 3AtD SOUTHEASTERLY RH3RT CF WAY LWE THROUG/1 A CENTRAL ANGLE OF W'0608' TO THE PO NT OF BEGINN"NO. CONTANIN08A21 SOVA/>E FEET. MORE OR LE53. JLLL AS MORE PARTICULARLY SHOWN ON EXHBIi B ATTACHED HERETO ANO MADE A PANT HEREOF. OgTED THIS 191"' OAY OF AUO:JST, 2010 ?CnnT"7/Q(P1 -`-?°1?11 b ?wI? ?D L'?? SGP ~? ?°x• ? - K OWEN-VER4 DEL CA811LL0. PLH 6108 .n. LS5108 '/]. Q? ! OP CALIF Iw.ISt uTaT> 11 of T3 251-5 -- T-'? a man I - ? 3 p q I r O0?,1' y1 ? W N _ . F2. " V ^ m ?7 ? _ T N mil] N ? I ? o . J r` L) Cb ? z ` I .. a ?j a?i?? c "? om N N N v' 52' v. ?i °-"?'o F , yr ° ? `?' ? ' 3 V (?? o 0 ? CI O F7 ¢ c ? _ o ` i? o N?? ? ^ .-. yr f. o0 Z ?? JK Z -M?N-.M SNP O M ? VARIES QO?IIN?? ONd S °J > p r tn a. .. _, i / ? ..,RYVI NCO S N Im !Si/g aC6/ I b o 33 - ??_ ?_ /!/ N/v ?? ? __ 30j 60' ?? OZ- ? 9? ??? ? z o. ?s ? se _S ??, O ? ? . S .? N 16'-? I ? bNy?? r ? R Ql Ql N N G ?- ? (y CJ :O I H ? P ? z l i O J .- Q? i VA o RIES U? ? I P g 2 ? I z 1- ?? -109 owrr: 7 o I I scu.E: r'_lo7 COAS SURVEYING, NC. - F ET 1 E N i nsra., u01 iv?e-iirliOO?'.?ila-arw 12 0( 251-6 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAII. TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92701 Mail.Tax Statements as shown above THIS SPACE FOR RECORDER'S USE ONLY DOCUMENTARY TRANSFER TAX $ _ APN: _ Computed on the consideration or value of property conveyed Exempt per Revenue 8c Taxation Code Section 1 1922 Exempt from Recording Fees per Govt. Code Section 27383 By. SIGN OF DE T R A6 T NAPIL ? ?L3tlincorporated Area l? Incorporated -City of Santa Ana Parcel No: EO1._ Project: Santa Ana River EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT," does hereby grant to CTI'Y OF S_ ANTA ANA, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California, hereinafter refesed to as "GRANTEE," its, successor and assigns, a non-exclusive easement for street and highway purposes irr, on, over, upon and across that certain real property (hereinafter referred to as "Easement Area'') described in "Exhibit A," and illushated in "Exhibit B," which exhibits are attached hereto and made a part hereof. DISTRICT and GRANTEE, may sometimes lereinafter be individually referred to as "Party" or jointly as "Parities". GRANTEE'S rights shall include rights to consri-uct, repair, maintain and use surface improvements consisting of roadways, curbs, gutters, sidewalks, and landscaping ("Facilities")-and shall include reasonable access to the Easement Area for the purpose of exercising the rights herein granted. It is understood and agreed by the Parties hereto and their successor and assigns that said easement and right of way herein granted in this easement deed ("Easement Deed") shall be subject to the following terms, conditions, and reservations: Street/Highway Easement - OCFCD to City of Senta Ana osioailo 251-7 CONSTRUCTION AND MAINTENANCE (PMES2.2S) GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT'S Director OC Public Works, or designee, (hereinafter referred to as "Director") prior to commnencement of any work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion. Director's approvai of GRANTEE'S construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans. Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE'S construction and/or maintenance plans. GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel"). GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT. Should it be necessary for GRANTEE to conduct any construction or excavation activities or otherwise disturb the surface of the Easement Area subsequent to the completion of the initial installation of GRANTEE'S Facilities, GRANTEE agrees to notify Du•ector in writing sixty (60) days in advance of such planned activities, obtain Dnector's written approval of all plans, and obtain a petznit for construction fi-om the County of Orange ("County") with payment of normal processing fees prior to commencement of any such activities. Said approval shall not be withheld unreasonably, nor shall said approval be necessary vi any emergency situation or in conducting routine maintenance activities which do not involve disturbance of the surface area. Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as may endanger or interfere with GRANTEE'S Facilities provided, however, that any excavation shall be made in such a manner as wilt 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 and/or landscaping around such excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's satisfaction. GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition all Facilities constFUCted, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed. 2. REMOVAL AND/OR ABANDONMENT' (PMES3.1S) GRANTEE agrees that in the event (a) GRANTEE'S Facilities are no longer required, or (b) GRANTEE'S use of said Facilities ceases for a continuous period of more than one (1) year without written notice. fi-om GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to resume usage of the facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove and/or abandon said Facilities within ninety (90) days after receipt of written notice from Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the. Easement Area to the condition that existed prior to the granth?g of this Easement Deed, to D'irector's satisfaction. Street/Highway Easement - OCFCD to City of Santa Ana osioano 251-8 GRANTEE shall also execute and deliver to Director, within ninety (90) days of such removal and/or abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title. 3. RELOCATION (PME84.1 S) GRANTEE agrees that_in the event GRANTEE'S Facilities shall at any time interfere with the operation, maintenance, replacement, or improvement of DISTRICT'S property as detenzrnined by Director, GRANTEE shall, within ninety (90) days of receipt of written notice fi-om Director, relocate at GRANTEE'S expense GRANTEE'S Facilities to a site designated by Duector. All other terms and conditions of this Easemen# Deed shall remain the same. 4. CO1??LL4NCE WTl'Fi APPLICABLE WATER QUALITY REQUIREMENTS (PMES6.2S) GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any NPDES permit requirements or other water quality statutes, regulations, ordinances, or permits, applicable to the construction, including but not limited to ttse of appropriate best management practices, so as to ensure that pollutants are not discharged into the Channel nor into DISTRICT'S flood control system. 5. HOLD IIARI??II.ESS (PMES7.2S) GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed except claims arising from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the Easement Area, and/or GRANTEE'S exercise of the rights under this Easement Deed, except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit, GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorneys' fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be•apportioned as determined by the court. Neither party shall request a jury apportionment. GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: .4 general release does not extend to •clain:s which the creditor does not know or suspect to exist in his or her favor at the time of exectetirtg the release, which, if knotivn by hint or her, must have materially affected his or her settlement with the deb[or. GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this section. StreeVF3igltway Fwcement - OCFCD to City of Santa Ana oaioaito 251-9 6. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S) 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 for which GRANTEE is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or appointed ofI"icials, officers, agents, and employees fi-om 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, attorney fees, 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 DISTRICT in comrection 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 being present in the soil or ground water 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 of such Hazardous Material by GRANTEE, provided GRANTEE shall fast have obtained Director's written approval and the approval of any necessary governmental entities or agencies for any such remedial action. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the United States government. 7. RESERVATIONS (PMES9.1S) DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights and easement herein granted. In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the disturbance of the Easement Area, DISTRICT'S only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT'S activity. GRANTEE shall restore -@R-ANTEE'S Facilities to the design and grade approved as provided for in Section 1 above. 8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES 1 O.1 S) •. This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and cIairns 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. Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or wan-anty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT'S interest therein. 9. TAXES AND ASSESSMENTS (PMES 1 1.1 S) Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Easement Area or upon fixtures, equipment, or other property installed, constnrcted or used by GRANTEE thereon in connection with this Easement Deed, Street/Highway Easement - OCFCD to City of Santa Me ?l - 08/04/10 251-10 shall.be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be paid promptly when due. 10. ? NOTICES (PMES 12.1 S) All notices, documents, correspondence and communications concerning this Easement Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent tlu-ough the United States mail 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 (1 O) calendar days' prior written notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by facsimile and so given shall be deemed to have been given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Party's regulaz business day, otherwise delivery shall be deemed to have been given on the next business day. To DISTRICT: Orange County Flood Conriol District c/o OC Public Works/Real Estate Services P.O. Box 4048 Santa Ana, CA 92702-4048 (300 N. Flower Street, Santa Ana 92703) Facs iinil e: 714/83 4 -2 8 70 To GRANTEE: Cit}• of Santa Ana Attention Deputy City Engineer Public Works Agency P.O. Box 1988 (20 Civic Center Plaza) Santa Ana, CA 92702 Facsimile: 11. VENUE (PMES13.1S) The Pasties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of Califon?ia. In the event of any legal action to enforce or inferps-et this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, 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. 12. WAIVER OF RIGHTS (PMES 14.1 S) The failure of DISTRICT to insist upon stric# performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance o£ ali the tes7rss, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed. 13. SEYERABILITY {PMES 15.1 S) If asry term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. StreeVHighway Fneement - OCFCD [o City of Santa Ana o8io-sn o 251-11 14. ATTOR1?lEYS' FEES (PMES 16.1 S) In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its o?vn attorneys' fees. and costs. 15. SUCCESSORS AND ASSIGI?TS (PMES 18.1 S} The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto. 16. AUTHORITY (PMES20.1S) The Parties to this Easement Deed represent and wan-ant that this Easement Deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. Approved as Yo Form DISTRICT Office of the County Counsel ORANGE COUNTY FLOOD CONTROL DISTRICT Orange County, California By: By: Deputy Chair, Board of Supervisors Orange County, California Date: Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-1535 ATTEST: Darlene J. Bloom Clerk of the Board of Supervisors Orange County Flood Control District Orange County, California Approved as to Form: Joseph W. Fletcher City Attorney By: Jose Sandoval Chief Assistant City Attorney GRANTEE City of Saa>ta Ana a charter city and. municipal corporation, duly organized and existing under the Constitution and laws of tha State..Af Califotia By: N. Ream, City Manager Street/Highway Easement - OCFCD to City of Santa Ma 6 - 08/04/10 251-12