HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) APN #398-207-01 - 2011PURCHASE AND SALE AGREEMENT
A-2011-111
PURCHASE AND SALE AGREEMENT
FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT (hereinafter "PSA"), entered into on_Jui1tj5 _, 2011
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" or "Buyer'), and the Orange County
Transportation Authority, a public entity, (hereinafter "Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City
agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real
Property") legally described and depicted as follows:
SEE EXHIBIT "A" — Legal Description
and EXHIBIT "B" — Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of No Situs, Santa Ana, Ca)
v�
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
V 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Easement
Deed, within thirty (30) days from and after the date on which the City has approved this PSA.
2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City
by Seller by Easement Deed as set forth in Exhibit "C" to this PSA.
3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and
Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years
prior to the fiscal year within which said conveyance is made shall be paid by Seller before
conveyance of Said Real Property to City.
4 Payment of Purchase Price. Seller agrees to waive the right to an appraisal and
compensation from City. Seller agrees to accept $0.00 from City for the full purchase price for Said
Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance
damages (if any). City agrees to quitclaim property to Seller if the Said Real Property is no longer
needed for project purposes at no expense to Seller.
6. Recordation of Easement Deed. Buyer shall not record the Easement Deed until this PSA is
fully -executed by both Seller and City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
9. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
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10. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
11. Permission to Enter on Premises. It is understood and agreed that for project planning and
funding purposes the Seller hereby grants to Buyer, and authorized agents or contractors, the right of
possession to the area depicted in Exhibit "B" to perform the work described in Paragraph 25.
However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent,
providing Seller with a 48-hour prior written notice to perform the construction items listed in
Paragraph 25 below.
A temporary construction easement has been granted (see Exhibit "D") for a period of two (2)
months from the commencement of construction and terminates at the end of the period or upon
recordation of a Notice of Completion, whichever first occurs. Seller shall be given written notice by
Buyer or Buyer's agent or Buyer's contractor, or designee, as to the date Buyer requires use of
Temporary Construction Easement area for commencement of construction.
12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
address of the Seller is:
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863
ATTN: Bill Mock
OC Public Works/Real Estate Services
300 N. Flower Street, 6t" Floor
Santa Ana, CA 92703-5000
Facsimile: 714/834-2870
Reference : Project PM1117-150, 151
13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party
if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore
to Seller before September 30, 2011.
15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or
transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
arising from or out of any claim, action, suit or proceeding for personal injury (including sickness,
disease, or death, tangible or intangible property damage, compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
This indemnity extends only to liability created prior to or up to the date this transaction shall close.
Seller shall not be responsible for acts or omissions to act post close of this transaction.
16. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
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17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect,
but all the remaining provisions of this PSA shall remain in full force.
18. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
19. Governing Law. This PSA shall be governed by and construed in accordance with the laws
of the State of California.
20. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability of executing this PSA and the meaning of the
provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or
against any party based upon any attribution to such party as the source of the language in question.
21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
22. 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 PSA, without cost.
23. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
24. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature hereinbelow has the power, authority and right to bind their respective parties to each of the
terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
25. Construction Contract and Curative Work.
(a) It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall
perform the following construction contract items at the time of the installation of the proposed
project: Restore property to existing condition.
(b) It is understood and agreed by and between the parties hereto that the compensation paid to
Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct
and/or refurbish the following improvements located on the Property: NONE.
26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
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IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER:
' k& Wes/ 4n` :=
Will Kempton
Chief Executive Officer
Approved as to Form:
Date: 1' (A- 11 , 2011
La� L'� Date: 1ja-� , 2011
Kennard R. Smart, Jr.
General Counsel
CITY/BUYER
City of Ana
David N. Ream
City Manager
Attest:
City Clerk
Approved as to Form:
Joseph W. Fletcher
City Attorney
/1' '.� " -
ks'01 Sandoval
Se V
r Managing Assistant City Attorney
Date: "— l ( 2011
Date: 6 4 , 2011
Date: ' J0 , 2011
FXHIRIT "A"
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
Coast suty in$, im
A.01 15, 2009
EXHIBIT "A"
LEGAL DESCRIPTION
STS-PCL-3
C OOUNTY OFFTORANGE, STATE OF CALIFORNIA,D B2 OF LOCK B' IN THE CITY
PER MAP OF DF.AN'S ADDITION TO
RECORD
OESURVEYS, AN THE OFFICE O OFWN OTHE N A MCOUNTY ECORDERAP FILED IN BOOK I POFE21 F CITY OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
PARCEL 2 Parcel PM4117-151
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY O SANTA
ANA F DEAN'S ADTION As
S}tOWNUON RECOLEVARD RD OF 2 FEET SULRVEYD95-1035, FILED TH) AND THE EIN BOOK ST LINE O1 1, AGES 4750 OF
RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG
SAID SOUTHEASTERLY LINE NORTH 64`53'4W EAST 8.19 FEET-, THENCE SOUTH
00'16'05" WEST 67.33 FEET TO THE. NORTHEAST CORNER OF THE LAND DESCRIBED IN
THE EASEMENT DEED TO ORANGE COUNTY TRANSIT AUTHORITY RECORDED APRIL 25,
2005, AS DOCUMENT NO, 2005000313553. OFFICIAL RECORDS., IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG THE NORTH LINE OF SA1D DEED NORTH 89°42'46"
WEST 7.D8 FEET TO SAID WEST LINE OF DEAN'S ADDITION; THENCE ALONG SAID WEST
LINE NORTH 00"01' 16" W EST 63.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 476 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT 'I? ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 3e DAY OF APRIL, 2008'.
(',",_(,E
GWEN-VERA DEL CASTILLO, PLS 5108 L.REGISTRATION EXPIRES 6180109 XP. fi/30/
.N 107064-04 Sane Arn STS-PCLA
CYWIRIT "R"
EXHIBIT "B"
Graphical Depiction of Said Real Property & TCE
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PER DOC. #'2005000313553 O.R.
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BEARING DISTANCE
1 S64° 53' 48' W
81 19'
2 S00' O 1' 16" E
63. 82'
3 S89' 42' 46' E
7, 08'
4 N80' 16' 05' E
67, 33'
25'
25 I
N'LY LINE
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FRUIT STREET
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69. 71'
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EASEMENT
PER DOC. #2005000313553 O.R.
REC, 4/25/05
WILY LINE
FRUIT STREET
-----------------------
FRUIT STREET_
Joe #: 107-069 7
DATE: 4 16 OS CDA,S/ SURVEYING, INC.
SCALE: -1' —F4 TEMPORARY CONSTRUCTION EASEMENT Isaac PARKWAY LOOP, SURE 6
SHEET 1 OF T rosnrv, cA 92780-6627 (71 d) 916-6266
of
EXHIBIT "C"
EXHIBIT "C"
Easement Deed
instrument and tax statements to:
When recorded, please mail this
instrument and tax statements 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 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
AP.
RM'MAP
PROJECT
TAXES
FORM BY ATTY.
DIRECTOR
WRITTEN BY
CHECKED-O. K.
NUMBER 398-207-01
NUMBER
NUMBER
X
Portion of No Situs, Santa Ana, CA
DEED NUMBER
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Orange County Transportation Authority, a public entity
Do 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, easement for public right-of-way purposes in, on, over under, and
through the real property in the City of Santa Ana, County of Orange, State of California, located at No Situs, Santa
Ana, CA, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Orange County Transportation Authority, a public entity
Dated
Will Kempton
Chief Executive Officer
State of California
County of
On before me, a Notary Public, personally
appeared 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.
WITNESS my hand and official seal.
Signature
(This area jor official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
L/\I 11 V I 1 V
EXHIBIT "D"
Temporary Construction Easement granted by the County of Orange to the Orange County
Transportation Agency
- . RECORDING REQUESTED BY:
County of Orange
OC Public Works - Real Estate Services
300 N Flower Street, 6 h Floor
Santa Ana, CA 92703-5000
WHEN RECORDED MAIL TO:
MAIL TAX STATEMENTS TO:
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863-1584
This is to certify that this document is exempt
from recording fees per Govt. Code Sec. 27383
and is exempt from Document Transfer Tax per
Rev. & Taxation Code Sec. 11922.
By: - a
County of O ange
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIVIIIVIIIVIIIIIVIVIIIVIIIIIVIIIIVIIIIIIIIIIIIIII NO FEE
20100002339941:47 pm 05/18/10
106 416 E01 A04 6
0.00 0.00 0.00 0.0016.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
Z Incorporated, City of Santa Ana
Parcel No: PM1117-152
Project: Fruit Street Complex
CoRRECTC-b T-EwiP&it-AR%y GA9&fge)-JT DEED
THIS DOCUMENT, PREVIOUSLY RECORDED IN THE COUNTY OF ORANGE AS
DOCUMENT NUMBER 2009000373281, IS BEING RE -RECORDED FOR THE
PURPOSE OF:
VREMOVING AN ERRONEOUSLY INCLUDED PAGE TO THE TEMPORARY
EASEMENT DEED; AND
✓REMOVING AND REPLACING THE INCORRECT SIGNATURE PAGE OF THE
TEMPORARY EASEMENT DEED.
✓CORRECTING THE LEGAL DESCRIPTION WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF AS EXHIBIT "A" AND CORRECTING THE DEPICTION
OF PARCEL PM1117-152, ATTACHED HERETO AND MADE A PART HEREOF
AS EXHIBIT "B"; AND
FF
RECORDED AT REQUEST OF:
WHEN RECORDED MAIL TO:
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863-1584
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllll NO FEE
200900037328112:19pm 07/14109
111 200 E01 7
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
SPACE ABOVE TEAS LINE FOR RECORDER'S USE
This is to certify that this document is a empt
from recording fees per Govt. Cod ec. 27383
and is exempt from Doc ent Tt nsfer Tax per
Rev. & Taxatiop'Code ec. 119x2.
�r j El Unincorporated Area
By: 9 ® Incorporated, City of Santa Ana
Orange County Transports `on Authority
Project/ParcelNo: PM1117452
Project: Fruit Street Complex
TEMPORARY EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
COUNTY OF ORANGE, a political subdivision of the State of California, ("GRANTOR"),
does hereby GRANT to ORANGE COUNTY TRANSPORTATION AUTHORITY,
a public entity ("OCTA"),
a temporary construction easement for construction over and across the real property (Parcel PM1117-152) in the
City of Santa Ana, County of Orange, State of California, together with the right to excavate, fill or regrade said
parcel; to enter upon, to pass and repass over and along said parcel and to place and/or store tools, vehicles, storage
containers, implements and other construction related equipment and materials thereon by OCTA, its officers,
agents and employees, and by persons under contract with it and their employees, whenever and wherever
necessary for the purposes above set forth Said real property in the County of Orange, State of California is
described as:
(See Exhibit "A" for legal description and Exhibit `B" for depiction of Parcel PM117-152, attached hereto and
made a part hereof.)
The temporary construction easement herein granted shall be for a period of two (2) months from the
commencement of construction and terminate at the end of the period or upon recordation of a Notice of
Completion, whichever first occurs. GRANTOR shall be given written notice by OCTA, or designee, as to the date
OCTA requires use of Parcel PM 117-152 for commencement of construction.
Nothing in this Deed is intended nor shall anything in this Deed be construed to transfer to OCTA
or its successors or assigns or to relieve GRANTOR or its successors or assigns or predecessors in title of any
responsibility or liability GRANTOR or its successors or assigns or predecessors in title now has, has had or comes
to have with respect to human health or the environment, including but not limited to responsibility or liability
relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by
statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore, OCTA may
exercise its rights under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from
GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a Federal, state
or local regulatory or administrative governmental agency or body having jurisdiction, to have responsibility for
said hazardous toxic substances or materials upon, within, or under the real property interests transferred pursuant
to this Deed. Notwithstanding the forgoing, OCTA shall be and remain liable for any hazardous or toxic substances
or materials which become located, because of OCTA's operations, upon, within, or under the real property
interests transferred pursuant to this Deed.
Dated b— (6 -6G
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE.
CHAIR OF THE BOARD
AT4ene
DaJ. Bloom
Clehe Board ofSupervisors
Orange County, California
Approved as to form:
County QWinsel
gy; Date: —�
D puty
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
COUNTY OF E
By:
Ch , Z
of Supervisors
ACKNOWLEDGMENT
On �) IANE i 6 2009, before me (2-tAi35N PrbiA I.A1Z allotary Public in and for said State,
personally appeared SUS Rr✓ No V A K personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(&) whose name(&) is/are subscribed to the within instrument and
acknowledged to me that he/she/t#Ry executed the same in his/her/their authorized capacity(ies), and that by bo- ber/their
signaturefe) on the instrument the personkff), or the entity upon behalf of which the person(&) 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.
v✓ITNESS my hand and official seal.
Signature
24
9��gr—,
Coast Surveying, Inc.
April 17, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
STS-PCL-3
TEMPORARY CONSTRUCTION EASEMENT
Parcel PM1117-169
THOSE PORTIONS OF LOTS B1 AND B2 OF BLOCK "B" IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF DEAN'S ADDITION TO
THE CITY OF SANTA ANA AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 21 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF
SANTA ANA BOULEVARD (52 FEET HALF WIDTH) AND THE WEST LINE OF DEAN'S
ADDITION AS SHOWN ON RECORD OF SURVEY 95-1035, FILED IN BOOK 151, PAGES 47-
50 OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG SAID SOUTHEASTERLY LINE NORTH 64°53'48" EAST 8.19 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEAST LINE NORTH
64'63'48" EAST 5.53 FEET; THENCE SOUTH 00'16'05" WEST 6931 FEET; THENCE NORTH
89042'46" WEST 5.00 FEET; THENCE NORTH 00016'05" EAST 67.33 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 343 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 17' DAY OF APRIL, 2008.
y�" P DEI �`�
GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108
REGISTRATION EXPIRES 6/30109 EXP. 6/30/09 j
IN 107069.04 Santa Ana SIS-PCL-3 TCE
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T.P.O.B.
MAP OF DEAN'S ADDNWH
5'
I S9M So
7' EASEMENT
L.A. DEED 311 /43 BEARING DISTANCE
1 S64053' 48" W 8. 19'
2 N00016' 05' E 67, 33'
3 S89° 42' 46" E 5, 00,
4 N006 16' 05' E 69. 71'
5 S64° 53' 48" W 5, 53'
EASEMENT
PER DOC. #2005000313553 O.R.
REC_ 4/25/05
WILY LINE
FRUIT STREET
— — — — — — — — — — — — — — — — — — — — — — —
FRUIT STREET
it
G
i8 EXHIHIT H CO"I S/ SURVEYING, INC.
TEMPORARY CONSTRUCTION EASEMENT sa31 PARKWAY LOOP, 6) 9 6
1 NSTIN, GA 92780-6527 (71418-6266
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed from County of Orange
a political subdivision of the State of California, to the ORANGE COUNTY TRANSPORTATION
AUTHRORITY, a public entity ("OCTA"), is hereby accepted in accordance with the terms by the
undersigned officer on behalf of the Board of Directors of OCTA, and OCTA consents to recording
thereof by its duly authorized officer.
ORANGE COUNTY TRANSPORTATION AUTHORITY,
a public entity
By:
n• kek uu� --/n� �
Arthur T. Leahy,
Chief Executive Officer
OC-OCTA Quitclaim Deed 2/10/2009
When recorded, please mail this
HCIll;ku)I�1V
When recorded, please mail this
instrument and tax statements 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 6103.
g 1�9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED ASTO
APPROVED BY
DESCRIPTION
DESCRIPTION
AP,
R/W MAP
PROJECT
TAXES
FORM BY ATTY.
DIRECTOR
WRITTEN BY
CRECKED-OX
NLMMFR 398-207-01
N Bm
NIJhIDER
X
77777
Podion of No Sims, Saota Ana, CA
DEED NUMBER
EASEMENT DEED YD 7�Z
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Orange County Transportation Authority, a public entity
Do 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, easement for public right-of-way purposes in, on, over under, and
through the real property in the City of Santa Ana, County of Orange, State of California, located at No Situs, Santa
Ana, CA, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Orange County Transportation Authority, a public entity
Dated 3 - t- ��jj � � u t ; `v Y ' �Y1/V1A0
Will Kempton
Chief Executive Officer
State of California
County of iQ
On Iv6 I N before me, '✓ 6 A aq- - ey a Notary Public, personally
appeared who proved to me on the
basis of satisfactory evidence to be the person( whose name( is/ere subscribed to the within instrument and
acknowledged to me hat he/sHek1'm && execute the same in hislherAheir authorized capacityfJ4, and that by
his4gacltlae r signature on the instrument the person/), or the entity upon behalf of which the person 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. . - - - _ _ _
l DONNA L. BAGLEY [
WITNESS my hand and official seal. COMM. IN747 w m
1N Nolmy ORANr COVNTf N
owINCE couxn
Comm. E 28, 2011�
Signatur1i` (This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Coast Su cyrog, Inc.
April 15, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
STS-PCL-3
THOSE PORTIONS OF LOTS B1 AND B2 OF BLOCK "B" IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF DEAN'S ADDITION TO
THE CITY OF SANTA ANA AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 21 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
PARCEL 2 Parcel PM1117-151
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF SANTA
ANA BOULEVARD (52 FEET HALF WIDTH) AND THE WEST LINE OF DEAN'S ADDITION AS
SHOWN ON RECORD OF SURVEY 95-1035, FILED IN BOOK 151, PAGES 47-60 OF
RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG
SAID SOUTHEASTERLY LINE NORTH 64°53'48" EAST 8.19 FEET; THENCE SOUTH
DO'16'05" W EST 67.33 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN
THE EASEMENT DEED TO ORANGE COUNTY TRANSIT AUTHORITY RECORDED APRIL 25,
2005, AS DOCUMENT NO. 2005000313553, OFFICIAL RECORDS, IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG THE NORTH LINE OF SAID DEED NORTH 89°42'48"
WEST 7.08 FEET TO SAID WEST LINE OF DEAN'S ADDITION; THENCE ALONG SAID WEST
LINE NORTH 00°0116" WEST 63.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 475 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "S' ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 30th DAY OF APRIL, 2008. �— LAN D S
��� J4� DEL C
GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108
REGISTRATION EXPIRES 680109
(A EXP. 6/30/0
7N 107069-04, a=m Ana STS-£CL-3
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REC. 4/25/05
BEARING DISTANCE
1
S64' 53' 48° W 8, 19'
2
S00' 01' 16' E 63. 82'
3
S890 42' 46' E 7. 08'
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4
N00" 16' 05' E 67, 33'
25' I
N'LY LINE
FRUIT STREET
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STREET
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RIGHT OF WAY 15031 PARKW,
TUSRH. CA 92780-
INC.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the deed dated
March 14, 2011, from OCTA (APN#398-207-01) to the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and
laws of 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, 1998, in 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:
Dated City Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 9th day of June, 2011, before me, Maria R. Huizar , Notary Public,
personally appeared Paul M. Walters who proved to me on the basis of satisfactory
evidence to be the pew persons whose rya /names ds/are-subscribed to the within
instrument and acknowledged to me that bije
shefthey executed the same in his—Bier/their
authorized c pacfy/capacities and that by isjher/their *gnat rQ/sig-natures on the
instrument the pErs /persons, or the entity upon behalf of which the kr osia/persons
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
now V41111111116
ONW410 06"y
MrOnwn 11��lI,�II
CAPACITY CLAIMED BY SIGNER:
❑
Individual(s) _
❑
Corporate
❑
Officers
Title(s)
❑
Partner(s)
❑
General Partner of a Limited
❑
Partnership
❑
Attorney -in -Fact
❑
Trustee (s)
❑
Subscribing Witness
❑
Guardian/Conservator
❑
Other:
Witness my hand and official seal.
Signature of Notary
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: EASEMENT DEED APN 398-207-01
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
When recorded, please mail this
instrument and tax statements 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 6103.
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIlIIIlllilllllllllUlllllllllliilllllllllllllllllllllllllllllllNilllllllllili NO FEE
20110003547512:04 pm 07/21/11
7 414 E01 6
0.00 0.00 0.00 0.00 i 6.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A,p.
RhV MAP
PROTECT
TAXES
PGRMBYA=.
DIRECTOR
WRITTEN BY
CHECKED-O.K.
NUNMEA 398-207-01
x
fl :2a1 r r Portion of No SINS, Santa Ana, CA
DEED M h BBR
EASEMENT DEED 7z
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, t .
Orange County Transportation Authority, a public entity
Do 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, easement for public right-of-way purposes in, on, over under, and
through the real property in the City of Santa Ana, County of Orange, State of California, located at No Situs, Santa
Ana, CA, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Orange County Transportation Authority, a public entity
Dated 3-kit
Will Kempton
Chief Executive Officer
State of California
County of 0
On before me, 1J b A n2 ' ciI ey, a Notary Public, personally
appeared , t( M ✓E(a,r\ VjfVtM who proved to me on the
basis of satisfactory evidence to be the person whose name( is/ere subscribed to the within instrument and
acknowledged to me hat hek. hehorey executerlthe same in higlheNAheir authorized capacitv(iK, and that by
hisA;@&Yhair signature on the instrument the person/), or the entity upon behalf of which the person 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.
DONNA L. BACiLEY
WITNESS my hand and official seal. sO
COMM. r11747746 my
OR
WORANGE COUNtt! Comm.FJ Ma 20,2011
Signatur (This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Lout Surveying, Inc,
April 15. 2008
EXHIBIT "A"
LEGAL DESCRIPTION
STS-PCL-3
THOSE PORTIONS OF LOTS B1 AND B2 OF BLOCK "B" IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF DEAN'S ADDITION TO
THE CITY OF SANTA ANA AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 21 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
PARCEL 2 Parcel PM1117-75'€
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY OF SANTA
ANA BOULEVARD (52 FEET HALF WIDTH) AND THE WEST LINE OF DEAN'$ ADDITION AS
SHOWN ON RECORD OF SURVEY 95-1035, FILED IN BOOK 151, PAGES 47.50 OF
RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG
SAID SOUTHEASTERLY LINE NORTH 64"53'48" EAST 8.19 FEET; THENCE SOUTH
D0016'05" WEST 67,33 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN
THE EASEMENT DEED TO ORANGE COUNTY TRANSIT AUTHORITY RECORDED APRIL 25,
2005, AS DOCUMENT NO. 2005000313553, OFFICIAL RECORDS, IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG THE NORTH LINE OF SAID DEED NORTH 89°42'46"
WEST 7.08 FEET TO SAID WEST LINE OF DEAWS ADDITION; THENCE ALONG SAID WEST
LINE NORTH 00°01'16" WESTi33.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 475 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 3e DAY OF APRIL, EGOS:
a
_ A ('l
EN-VERA DEL CASTILLO, PLS 5108 LS5108
REGISTRATION EXPIRES 6130109 EXP. SI30/
M 10706R04 Sara Ana ST3—PCI,3
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RECORD (OF SURVIR%V 93-1025
F9233.1511/47-60
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EASEMENT
PER 00C. #2005000313553 Q.R.
REC. 4/25/G5
BEARING DISTANCE
1 S64' 53' 48' W 8, 19,
2 S0000V 16' E 63, 82'
3 S89° 42' 46' E 7. 08'
4 N00° 16' 05' E 67. 33'
N'LY LINE
FRUIT STREET
-----------------------
FRUIT STREET
RIGHT OF WAY
RVEYING, INC.
. SUITE 9
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the deed dated
March 14, 2011, from OCTA (APN#398-207-01) to the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and
laws of 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, 1998, in 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:
Dated City Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 9th day of June. 2011, before me, Maria R. Huizar , Notary Public,
personally appeared Paul M. Walters who proved to me on the basis of satisfactory
evidence to be the s persons whose r@a_�/names �is/are-subscribed to the within
instrument and acknowledged to me that t5eshe/#ktey executed the same in I:CWher/their
authorized c p ci y/capacities and that by ti�ar /tterFtheir li ur /signatUMs on the
instrument the pars/persens, or the entity upon behalf of which the a so /persons
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
COIIMnl111on 11N1A
Moan am"
• CarMrrws ■
am" CaNMy !
CAPACITY CLAIMED BY SIGNER:
❑
Individual(s)
❑
Corporate
❑
Officers
Title(s)
❑
Partner(s)
❑
General Partner of a Limited
❑
Partnership
❑
Attorney -in -Fact
❑
Trustee (s)
❑
Subscribing Witness
❑
Guardian/Conservator
❑
Other:
Witness my hand and official seal.
4_�l a��
Signature of Notary
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT: EASEMENT DEED APN 398-207-01
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
ACKNOWLEDGMENT
State of California
County of
[$0
before me,
(insert name and title of the officer)
personally appeared
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.
WITNESS my hand and official seal.
Signature
(Seal)
(this area for official notarial seal)
Government Code 27361.7
I certify under penalty of perjury that the Notary Seal on the document to which this statement is
attached reads as follows:
Name of the Notary:
Ar; a. YG . _ 1-1 LI ; Z- A r
Date Commission Expires: an 2 O 12
County Where Bond is Filed: ti
Commission Number: ) 7 V 9 7 7 g'
ManufacturerNendor Number: A �
Place of Execution: , `^1 t� A �Q Date: 1141
Signature: }�//� ^'f-��-X "' a�
I certify under penalty of perjury and the laws of the State of California that the illegible portion
of this document to which this statement is attached reads as follows:
Place Execution:
Signature:
Date: