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HomeMy WebLinkAboutORANGE, COUNTY OF (4) - 2016RECORDED AT THE REQUEST OF - 2oi to - 2-o3 AND WHEN RECORDED MAIL TO: Retarded In official Records, grange County Hugh Nguyen, Clerk -Recorder CEO a€IEst� e�Service I}4�I1'`Ill',��Illillllllllll�lilll4lillll',I4llillll�lll1�11i�1141��111�111 NO FEE 300 N. Flower Street *$ R 0 0 0 8 b 1 5 7 2 3$* Santa Ana, CA 92703 201600439149811:35 am 08118116 Recording Fee Exempt 48 413 E02 18 Per Government Code 27383 0.00 0.00 0,00 0.00 51.00 0.00 0.00 4.00 And Als© Exempt From Payment Of Documentary Transfer Tax THIS SPACE FOR RECORDER'S USE ONLY Project: Civic Center Cogeneration Expansion Project Parcel No.: GA401-279 & GA401-280 SECOND EASEMENT DEED AND AGREEMENT This Second Easement Deed and Agreement is made —,2016, by and between CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter known as "GRANTOR," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "GRANTEE." GRANTOR has previously granted easements for the Civic Center Cogeneration Project to the GRANTEE by that Easement Deed and Agreement recorded on March 18, 2008 as Instrument No, 2008000124173, Official Records in the Office of the County Recorder of Orange County. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns: An additional non-exclusive perpetual easement over, along, under, and across all that certain real property, described in "Exhibit A" and shown on "Exhibit B", and described in "Exhibit A-1" and shown on "Exhibit B-1", attached hereto and made a part hereof (hereinafter referred to as "Easement Area"), to construct, lay, install, and upgrade pipelines, conduits, equipment, and other related fixtures and appliances for the transmission of electricity, communications, steam, and chilled water (hereinafter referred to as "Distribution Facilities") and to inspect, reconstruct, maintain, and repair said Distribution Facilities. It is understood and agreed by the parties hereto and their successors and assigns, that said easement and right of way herein granted shall be subject to the following terms and conditions: 1. DEFINITIONS "Agreement" means this Second Easement Deed and Agreement. "County" means the County of Orange. Actions to be taken by County under this Agreement shall be taken by the Board of Supervisors of the County of Orange, which executed this Agreement or its representatives specifically authorized to take such actions under this Agreement. "City Engineer" means the City Engineer of the City of Santa Ana, 2. JOINT EXERCISE OF POWERS AGREEMENT GRANTOR and GRANTEE entered into a Joint Exercise of Powers Agreement ("JPA") dated January 17, 1066, which was amended and restated on September 30, 2014 and created a joint powers agency known as the Orange County Civic Center Authority (hereinafter referred to as "Authority") to develop a comprehensive Civic Center for the purpose of orderly construction and maintenance of various governmental facilities, including the City of Santa Arra and County governments, and accessory structures. The Distribution Facilities Project is consistent with the orderly development of the Civic Center as provided in the JPA and such improved and upgraded facilities will benefit the Civic Center including GRANTOR's and the Authority's property. GRANTEE's use of the Easement Area shall be specifically limited to the use set forth above in this Agreement. GRANTEE, at GRANTEE's sole cost, shall comply with all applicable laws, rules and regulations now or hereafter promulgated pertaining to its permitted use of the Easement Area. GRANTEE acknowledges and agrees that GRANTOR shall have unrestricted ingress and egress and use of the Easement Area at all times. 3. MAINTENANCE OF EASEMENT AREA GRANTEE and its contractors, agents, and employees shall have the right of access to and from the Easement Area at all times for the purpose of exercising the rights herein granted. Should it be necessary for GRANTEE to disturb the surface of the Easement Area at any time, GRANTEE agrees to provide GRANTOR's City Engineer or designee a thirty (30) day advance written notice and to obtain written approval of all plans for construction, reconstruction and major repair and/or maintenance prior to commencement thereof, Said approval shall not be withheld unreasonably. In the event of an emergency situation, GRANTEE, shall notify GRANTOR's City Engineer or designee within twenty-four (24) hours of any necessary improvements, modifications or repairs. Any such improvements, modifications or repairs constructed by GRANTEE on an emergency basis must nevertheless not unreasonably interfere with GRANTOR's use of the Easement Area, Under the rights granted herein: a) any excavation made shall be made in such a manner as will cause the least injury to the surface of the ground around such excavation, b) the earth so removed by such excavation shall be replaced, c) the surface of the ground shall be promptly restored as existed prior to excavation to the reasonable satisfaction of the City Engineer or designee, d) GRANTOR's improvements shall be protected in place, e) GRANTEE shall be solely responsible for the cost of repair or replacement of GRANTOR's 2 improvements if such improvements are damaged due to GRANTEE's actions, and f) GRANTEE shall address any potential security issues with the City of Santa Ana Building Maintenance Superintendent or designee prior to access. At all times when exercising the rights granted herein, GRANTEE shall do so as to maintain GRANTOR's access to and from GRANTOR's facilities in a manner acceptable to GRANTOR. All facilities installed by GRANTEE pursuant to this Agreement shall be used and maintained by GRANTEE in good repair and in safe condition in accordance with all applicable laws, rules and regulations. GRANTEE shall provide and pay for GRANTOR's alternative parking within the Civic Center during periods of maintenance to the satisfaction of the City Engineer or designee, Said approval shall not be withheld unreasonably, 4, HOLD HARMLESS GRANTEE shall defend, indemnify and save harmless GRANTOR, its officers, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTOR, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, or arising out of, the negligence of GRANTEE, its officers, agents, employees, subtenants, invitees, or licensees, in connection with this Agreement and use of the Easement Area by GRANTEE. Likewise GRANTOR shall defend, indemnify and save harmless GRANTEE, its officers, agents, and employees from and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTEE, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, or arising out of, the negligence of GRANTOR, its officers, agents, employees, invitees, or licensees, in connection with the ownership, maintenance, or use of the Easement Area. 5. TOXIC MATERIALS GRANTEE shall be responsible for and shall defend, indemnify, and hold GRANTOR, its officers, directors, employees, agents, and representatives harmless from and against all claims, costs, and liabilities, including attorneys' fees and costs, arising out of or in connection with the use and disposal of Toxic Materials on the Easement Area by GRANTEE. If the use and disposal of Toxic Materials on the Easement Area by GRANTEE results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination, GRANTEE shall promptly take any and all action necessary to clean up such contamination. Nothing in this Second Easement Deed and Agreement is intended nor shall anything in this Second Easement Deed and Agreement be construed to transfer to GRANTEE or its successors or assigns or to relieve 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 provisions of the law). Furthermore, GRANTEE may exercise its right under law to tiring action, if necessary, to recover cleanup 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 3 responsibility for said hazardous or toxic substances or materials upon, within, or under the real property interests transferred pursuant to this Second Easement Deed and Agreement. Likewise, nothing in this Second Easement Geed and Agreement is intended nor shall anything in this Easement geed and Agreement be construed to transfer to GRANTOR or its successors or assigns or to relieve GRANTEE 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 provisions of the law). Furthermore, GRANTOR may exercise its right under law to bring action, if necessary, to recover cleanup costs and penalties paid, if any, from GRANTEE 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 or toxic substances or materials upon, within, or under the real property interests transferred pursuant to this Second Easement Deed and Agreement. 6, REMOVAL AND/OR ABANDONMENT GRANTEE agrees that in the event the services for which said facilities were constructed are discontinued and GRANTEE is not required by law, rule, or regulation of any governmental authority to furnish said services, or in the event the use of the facilities ceases for a period of more than one (1) year without written notice from GRANTEE to GRANTOR of the circumstances affecting such suspension and of GRANTEE's intention to resume usage of the facilities, GRANTEE, at GRANTOR's request and at no cost to GRANTOR, shall remove and/or abandon any portion of said facilities awned, operated, and/or maintained by GRANTEE. The scheduling for such removal or abandonment shall be mutually approved by GRANTOR and GRANTEE. Following such removallabandonment, GRANTEE, at no cost to GRANTOR, shall restore the Easement Area to the condition that existed prior to the granting of the easement, to GRANTOR's satisfaction. In the event of such removal and/or abandonment, GRANTEE shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this easement from title to the Easement Area. i. RELOCATION GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or improvement of GRANTOR's property, GRANTEE shall, within two () years of receipt of written notice from GRANTOR, relocate said facilities to a site within GRANTOR's property, at GRANTEE's cost. The relocation site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and GRANTEE. GRANTEE shall furnish GRANTOR with a revised document containing terms and conditions similar to those contained herein. 8. REVISION OF LEGAL DESCRIPTION In the event that attached "Exhibit A" and/or "Exhibit A-1" is subsequently found to inaccurately describe the location of said facilities, the parties agree that a revised "Exhibit A" and/or "Exhibit A-1" and "Exhibit B" and/or "Exhibit I3-1" will be prepared and recorded which will replace and supersede said "Exhibit A" and/or "Exhibit A-1" and "Exhibit B" and/or "Exhibit B-1". Said revision of Exhibit "A" "Exhibit A-1", "Exhibit B", and "Exhibit B-1" will not affect, alter or change this Agreement, Furthermore, this Agreement shall be deemed to be M amended and will relate back and be in place as of the initial date of this Second Easement Deed and Agreement prior to said revision of "Exhibit A" and/or "Exhibit A-1" and "Exhibit B" and/or "Exhibit B-1". Said revision shall be accomplished by recording an amendment to this agreement after approval of the revised exhibits by the City Engineer or designee. 9. EXCEPTIONS AND RESERVATIONS GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of the rights and easements herein granted. Upon the effective date of this Agreement, or any easement relocation as mentioned hereinabove, GRANTOR shall riot place or permit any improvements on the Easement Area which will interfere with the reasonable full enjoyment by GRANTEE of the easement rights hereby granted. This grant is subject to all matters of record including but not limited to contracts, leases, licenses, easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and claims of record or apparent or of which GRANTEE has actual notice 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. 10. SUCCESSORS AND ASSIGNS The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parkies hereto, 11. CALENDAR DAYS Any reference to the word "day" or "clays" herein, shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 12. ATTORNEY'S FEES In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees and costs. 13. AMENDMENTS No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the Official Records of the County of Grange. 14. AUTHORITY The parties to this Agreement represent and warrant that this Agreement has been duly authorised and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 5 15. WAIVER OF RIGHTS The failure of GRANTOR or GRANTEE to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that GRANTOR or GRANTEE may have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of this Agreement. 16. CONSTRUCTION AND RELOCATION Any portion of the Distribution Facilities traveling or penetrating through the existing structures adjacent to or below GRANTOR's City Hall shall be vertically limited between the underside of ceiling beams and finished floor elevations of basement structures although GRANTOR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. Should an additional vertical easement space be needed below the basement floor then it shall not be below the bottom of the building footing or the bottom of any building pile cap. Vertical clearances shall meet the requirements of the current applicable California Building Code at the time of application for permit. Distribution Facilities traveling or penetrating through the parking structure between the County Courthouse and GRANTOR's City Library shall also be vertically limited between the underside of ceiling beams and finished floor elevations for the particular level of this structure that is entered by these facilities. GRANTOR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. GRANTOR approved penetration of the particular level (or levels) required to reach the terminus of the facilities shall also be permitted as required. GRANTEE shall apply for and obtain all permits from GRANTOR for construction and relocation work. The Distribution Facilities within the structures shall be placed entirely within the Easement Area, spaced with reasonable clearances from existing facilities and uses and each line shall be specifically identified. GRANTEE shall cooperate in a reasonable manner upon receipt of a written notice from GRANTOR to relocate such facilities within existing structures to allow for necessary modifications to any and all existing GRANTOR's facilities or structures, GRANTOR shall coordinate suoh modifications with GRANTEE to minimize the amount of said relocation and disruption of GRANTEE's services. GRANTEE acknowledges and allows the presence of the existing structures and lesser rights to remain within the Easement Area. During construction of the Distribution Facilities, all reasonable efforts shall be made by GRANTEE to protect existing facilities in place whether said facilities are GRANTOR's facilities or other public utility facilities. Should any relocation of any portion of said existing facilities be desired then said relocation shall be approved by GRANTOR, which approval shall not be unreasonably withheld. The rights granted herein are subject to GRANTEE returning the surface of the land being granted to its original condition or as reasonably possible to the satisfaction of the City Engineer or designee as determined and approved in writing by the City Engineer or designee upon completion of any construction, which approval shall not be unreasonably withheld. GRANTEE shall provide and pay for GRANTOR's alternative parking within the Civic Center and provide continuous access to the structures during periods of construction and relocation to the satisfaction of the City Engineer or designee. Said approval shall not be unreasonably withheld. 17. VENUE The parties hereto agree that this Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, 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. 18. NOTICES All notices, documents, correspondence, and communications concerning this Agreement shall be addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and shall be sent through the United States mail, duly registered or certified 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 (10) calendar days prior written notice of the new address. Notwithstanding the above, GRANTOR and GRANTEE may also provide notices, documents, correspondence, or such other communications to the other party by personal delivery, electronic mail, or facsimile and, so given, shall be deemed to have been given upon receipt if provided by personal delivery, electronic mail, or facsimile. GRANTEE County of Orange CEO Real Estate Services 300 N. Flower Street Santa Ana, CA 92703-5000 Attn: Manager County of Orange OCPW, Central Utility Facility 525 N. Flower Street Santa Ana, CA 92703 Attn: Manager GRANTOR City of Santa Ana Public Works Agency P. O. Box 1988 Santa Ana, CA 92702 Attn: City Engineer 19. ATTACHMENTS TO DOCUMENT This document includes the following, which are attached hereto and made a part hereof: A. Exhibit A - Legal Description — Easement Area (Parcel GA401-279) S, Exhibit B - Plat Map - Easement Area (Parcel GA401-279) C. Exhibit A-1 —Legal Description — Easement Area (Parcel GA401-280) D. Exhibit B-1 -- Plat Map — Easement Area (Parcel GA401-280) IN WITNESS WHEREOF, the parties have executed this Easement Deed and Agreement the day and year first above written, Approved as to Fora: B At pate: Wine- /6,101 ATTEST: CIO k of the Council 0 CITY OF SANTA ANA /a ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, STATE OF CALIFORNIA COUNTYOF On� � 20A, before me, � . fi �61i� Notary Public, per orally appeared A)(Av irk cu("? -0,5 , who proved to me on the basis of satisfactory evidence to be the persoi whose namq('t3) isAw subscribed to the within instrument and acknowledged to tree that he�� executed the same in hisAiei t ear authorized capacity(i-es), and that by his/lair signature(s) on the instrument the person(p), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify ender 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. t .` 0-,4wSigna Signature . I` ROSA A. FLORES * C9ITtMISSlan # 2057129 (SEAL)all, Notary bt6c � ?^ 1 y Po - California Orange County My Comm. Expires Feb 7, 2018 Approved as to Form: Office of the County Counsel Orange aunty, California Deputy Date: '2 1 1 COUNTY OF ORANGE, a political subdivision of the State of Califo By: ;916, Scott D. Mayer ACKNOWLEDGMENT T Chief Heal Estate Officer County Executive Office Pursuant to Section 1-4-220 of Codified Ordinances of the County of Orange F--- — --- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documetat, STATE OF CALIFORNIA COUNTY OF _DC&ny On _...A)0.A, ............. 20�, before me, ,����$ �tai�S Votary Public, fire onally appeared _� ' 1� ; who proved to nie on the basis of satisfactory evidence to be the erson(� hose name(s)Gare Gare subscribed to the within instrument and acknowledged to me that she/ti executed the same in is /their authorized capacity( -), and that by lir/t4v�ir signature) on the instrument the person, or the entity upon behalf of which the person(4) 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 aAofficial seal.PE. SCOTTRN Comte ' No -2113286 NOTARY PUBLIC-CAMFORNIA � Signature (SEAL) ORANGE COUP *Comm, mm, Expreee JUNE 25.209 10 This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a political subdivision of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of Orange County, California, pursuant to authority conferred by Ordinance adopted June 9, 2015 by the said Board of Supervisors, and the COUNTY OF ORANGE consents to recordation thereof by its duly authorized officer. COUNT OF ORA E Dated.:— �_ BY, t Scot Mayer, Chief Real Estate Officer, County Executive Office Pursuant to Section 1-4-220 of the Codified Ordinances of the County of Orange Approved as to Form Office of the County Counsel Orange County, California BY. Deputy 11 EXHIBIT "A" Legal Description Those certain strips of land, in the City of Santa Ana, County of Orange, State of California, being portions of the Mala of Stout's Addition to Santa Ana, as shown on the mala filed in Boole 6, Page 28 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California; Portions of the Plat of Geo W. Ford's Addition to Santa Ana, as shown on the mala filed in Book 25, Page 62 of Miscellaneous Records of Los Angeles County, California; together with a portion of Van Ness Avenue (Abandoned per Resolution No. 57-264, recorded in Book 4082, Page 105, Official Records of said County), more particularly described as follows: Parcel GA401-279: A strip of land 6.00 feet wide, the centerline of said strip being described as follows: Commencing at the centerline intersection of Ross Street, 60 feet wide, and Civic Center Drive (formerly Eighth Street), as shown on Record of Survey No. 95-1031, fled in Record of Survey Boole 149, Pages 49 to 50, Records of Orange County, California; thence along the centerline of said Ross Street South 00°03'34" West (shown as North 00°37'23" "Wrest on said Record of Survey) 316.26 feet to the True Point of Beginning of this strip description; thence South 89°54'39" West 49.36 feet to a point hereinafter referred to as Point 'A'; thence continuing South 89°.54'39" West 47.14 feet to a point hereinafter referred to as Point IB'; thence continuing; South 89°54'39" West 11.31 feet to a point hereinafter referred to as Point `C'; thence through the following three (3) courses: 1. North 90°00'00" West 139.94 feet; 2. South 45°00'00" West 39.68 feet; 3. North 90000'00" West 82.07 feet to a pokit hereinafter referred to as Point IE'; thence continuing North 90°00'00" West 30.26 feet to the East line of Parcel 1, as described in the document recorded in Book 9946, Page 76, Official Records of said County, as shown on Record of Survey No. 95-1031, filed in Record of Survey Book 149, Pages 49 and 50, and the Point of Terminus of this strip description. The, sidelines of said strip of land are to be lengthened or shortened so as to terminate westerly in said East line of Parcel 1. Together with a strip of land 16.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point 'A'; thence; South 89°54'39" West 16.00 feet to the Point of Terminus of this description. Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: D. Woolley & Associates, h1c,, 2832 Walnut Avenue, Suite A, Tustin, California 92780 Page l of 3 Beginning at the hereinabove described Point `B'; thence through the following three (3) courses: 1. South 44°54'39" West 5.69 feet; 2. North 90'QO'00" West 16.98 feet; 3. North 44'05'28" West 5.59 feet to the Point of Terminus of this description. Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point `C'; thence through the following three (3) courses: 1. North 00001'18" West 73.85 feet; 2. North 45"01'18" West 24.84 feet; 3. South 89°58'42" West 36.51 feet to a point hereinafter referred to as Point `D', thence continuing South 89°58'42" West 6.19 feet; thence North 00°00'00" West 10.92 feet to the Point of Terminus of this description.. Together with a strip of land 6.00 feet wide, the conterline of said strip being described as follows: Beginning at the hereinabove described Point `D'; thence North 00°00'00" West 31.22 feet to the Point of Terminus of this description. Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point `V; thence North 00°00'00" West 24.81 feet to the beginning of a tangent curve concave to the southwest, having a radius of 5.00 feet; thence northwesterly along said curve through a central angle of 45135'39", a distance of 3.98 feet; thence North 45°35'39 West 33.65 feet to the beginning of a tangent curve concave to the northeast, having a radius of 5.00 feet; thence northerly along said curve through a central angle of 45°35'39", a distance of 3.98 feet; thence North 00°00'00" West 5.65 feet to the Point of Terminus of this description Excepting fiorn the above described Parcel GA401-279, any portion lying within Ross Street, 60 feet wide and said Parcel 1. Tire above described land contains 3,952 square feet, more or less. Subject to all matters of record, if any. As more particularly shown on Exhibit "B" attached hereto and made a part hereof D. Woolley & Associates, Ilio., 2832 Walnut Avenue, Suite A, Tustin, California 92780 Page 2of3 This legal description isol116e1n end ror use in the conveyance of land in violation oftdcT Subdivision Ma ±d of the State o{ California. Prepared under the eI direction of ® 2 OR 1). A \A G w 2 \..p mq\ 9 G�z ( ,%0 r /\E D/Rice, PLS \ } Signed: 06/15/16 O. WwIley & Associates, GG 28Walnut AveG Sudo A, Testi California 93760 Page 3 a 3 EXHIBIT 9w m1 PORTIONS OF GEO W. FORD'S ADDITION TO SANTA ANA, M.R.L.A. 25/62, STOUT'S ADDITION TO SANTA ANA, M.M. 6/28; AND VAN NESS AVENUE (ABANDONED), RECORDS OF ORANGE COUNTY, CALIFORNIA CIVIC CENTER, DRIVE P©C SCALA: (FORMERLY EIGHTH STREET) 1 " = 40' N r � , w 3a' i.w. AWG ®ICI�'� SMC ©�Mp��C�►� m<to STOUTS PARCEL GA401-279 U) o 3,952 S.F. T U) U) .r 0 6. Do,CN R m *��2 ®INT`C` � LU4 5TPOB �156 N OTE: 7L!JPDINT'B' SEE SHEET 2 F"OR LEGEND W in �POI NT 'A` 30' 30' 111Nn Nli€o 1U11 �� Ifl .R.L�.A. 433 / 25 SURVEYOR'S STATEMENTm. LINE DATA: THIS EXHIBIT WAS PREPARED BY ME OR S pR L42 -- N45'01'18"W 24.84' UNDER MY DIRECT SUPERVISIQN. O ;j �c�'c L43 -- S89'54'39"W 11.31' � ri L50 — S44'54'39"W 5.69' -- L51 — N90'00'00"W 16.98' . _ .. L52 N 44'05'28"W 5.59' h No. $3G2w� L55 S89'54$ 39"W 96.50' TR VOR b. RICE P.L.S. NO. 8862O� CAL�� L56 — S89'54239"W 16.00' SIGNED: 8115116 L57 — S89'54'39"W 31.14' .QO��SSOCIteST'� SHEET 1 OF 2 FILE NO.: 14052 DATE: 6115116 F;\2014 Jobs\14052 — Jacobs — County Civic Center Campus Survey\Easement Documents\ POA401-275 (old s) v4.O — 20160516 2832 WALNUT AVENUE, SUITF AOrange TUSTIN, CA 92780 DRAWN BY: TDR (714) 734-84.62 FAX (714) 508-7521 CHKD. BY: DEW FORDS 4q0ffr4 GN o� ca � U2 17 r� 0 R EXHIBIT 11 I® PORTIONS OF GEO W. FORD'S ADDIPON TO SANTA ANA, M.R.L.A. 25/62, STOUT'S ADDITION TC SANTA ANA, M.M. 6/28; AND VAN NESS AVENUE (ABANDONED), RECORDS OF ORANGE COUNTY, CALIFORNIA o. Qb EO cz is 4 Cl L49 t POINTE'-,. - OINTE'- - 30.26' 82.07'. N90"00'00"w 112.3' E. LINE PARCEL 1, 9946/76, O.R. �AS SHOWN ON R.S.B. 149/49-50 Q . BUILDING 26 PUBLIC LIBRARY 6 POINT'D' L45 _ r PARCEL GA401 -279 3,952 S.F. c� LO SCALE: to 7 I' 1 '° 40' POINT 'C' t o — - N9D�00'00"W 1139.94®-��� / PARCEL GA401-279 3,952 S.F. ti LEGEND-. LINE DATA: M.M.. - MISC. MAPS L42 - N45'01'18"W 24.84' M.R.L. A. MISC. RECORDS OF L.A. COUNTY L44 - 589',58'42"W 36.51' NO. — NUMBER L45 — NOO'00'00"W 10.92' O.R. — OFFICIAL RECORDS L46 — S89'58'42"W 6.19' POC -- POINT OF COMMENCEMENT L47 -- N00'00'00"W 31.22' S.F. — SQUARE FEET L48 — S45'00'00"W 39.68' TPOB — TRUE POINT OF BEGINNING L49 — NOO°00'00"W 24.81' R.S.B. -- RECORD OF SURVEY BOOK 1-53 — N45'35'39"W 33.65' (XX) — RECORD DATA PER R.S.B 149/49-50 L54 — NOO'OC'00"W 5.65' CUR'V'E DATA: Cl - D = 45',35'39" C2 R = 5.00' L = 3.98' SEE SHEET 1 FOR SURVEYOR'S STATEMENT off—D. Woollev &-Associat 'S7"` SHEET 2 OF 2 FILE NO.: 14052 - DATE: 6115116 F:\2014. Jcbs\14052 -- Jacobs — 2832 WALNUT AVENUE, SUITE A Orange County Civic Center Campus TUSTIN, CA 92780 DRAWN BY: TOR Survey\r'asement Documents\ (71 4) 734--8462 FAX (71 4) 508-7521 CHKD. BY: DEW P 6 4a — ?0A1R6051GA4D1-279 (ald 6) vL Those certain strips of land, in the City of Santa Ana, County of Orange, State of California, being portions of the Map of the Ross Addition to Santa Ana, as shown on the map filed in Book 3, Page 534 of Miscellaneous Records of Los Angeles County, California; together with a portion of Sixth Street (Abandoned), more particularly described as follows: Parcel GA4O1-28O: A strip of land 6.00 feet wide, the centerline of said strip being described as follows: Commencing at the centerline intersection of Ross Street, 60 feet wide, and Civic Center Drive, as shown on Record of Survey No, 95-1.031, filed in Record of Survey Book 149, Pages 49 to 50, Records of Orange County, California; thence along the centerline of said Ross Street South 00003'34" West (shown as North 00°37'23" West on said Record of Survey) 655.09 feet; thence leaving said centerline of Ross Street, North 89°56'26" West 40.3.40 feet to the 'True Point of Beginning of this strip description; thence North 89°24'30" West 1,18.13 feet to a point hereinafter referred to as Point `A'; thence South 00°00'00" West 55.88 feet; thence South 70'34'419" East 123.1:1 feet; thence South 00000'00" West 27.92 feet to the Point of Terminus of this description. Together with a strip of land 6.00 feet wide, the centerline of said strip being described as follows: Beginning at the hereinabove described Point `A'; thence North 89°24'30" West 6.72 feet to the Point of Terminus of this description. Containing 1.,972 square feet. See Exhibit "R" attached hereto and made a part hereof. This legal description is not intended for use in the conveyance of land in violation of the Subdivision Map Act of the State of California. Prepared under the direction of:OR ,f) No, 8862 Trevor D. nice, PLS 8862 Signed: 06/13/16 0 L). Woolley & Associates. Inc., 28:32 Walnut Avenue, Suits A, Tustin, California 92780 Page I ole I EXHIBIT wm a " PORTIONS OF ROSS ADDITION TO SANTA ANA, M.R.L.A. 3/534 AND SIXTH STREET (ABANDONED), RECORDS OF ORANGE COUNTY, LEGEND: CALIFORNIA M.R.L.A. - MISC. RECORDS OF L.A. COUNTY POC - POINT OF COMMENCEMENT TPOB - TRUE POINT OF BEGINNING (XX) - RECORD DATA PER R.S,B. 149/49-50, UNLESS NOTED OTHERWISE, Qg lLn! nn f N CIVIC CENTER DRIVE POG 7I 0 ui to HO 89 ADDIT OIN SCALE; 40 � 1 , SURVEYOR'S STATEMENT: THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, �RrVOR D. RICE P.L.S. NO. 8862 SIGNED: 06/13/16 D. Woolle &Assoclates- 2832 WALNUT AVENUE, SUITE A TUSTIN, CA 92780 14) 734-J8452 FAX (714) 508-7521 LINE DATA: Ll - S00'00'00"W 55.88' L2 - S00°00'00"W 27.92' SHEET 1 OF 1 FILE NO.: 14052 DATE: 6/13/16 R\2014 Jobs\14052 — Jacobs — Orange County Civic Center Campus DRAWN BY: BJM Survey\Easement Documents\ PL LCGL—PARCEL GA4D1-280— CHKD. BY: TDR 20160407.dwg z z� lLn! nn f N � Nom' PARCEL GA401-280 M.H.L.Ao 25 f 62 N89°24'30 "� ` JPOB �� #.�,,l 4.85' N89'S6'26"W a z v' 403,40' 6.72' P(]If�9i "A"�15 1 t ` ' \WIDELLI SIXTH STREET 4 so' ` E— Lt3 Lj ! co i , r, PARCEL GA4l71-280 �"� w M HO 89 ADDIT OIN SCALE; 40 � 1 , SURVEYOR'S STATEMENT: THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, �RrVOR D. RICE P.L.S. NO. 8862 SIGNED: 06/13/16 D. Woolle &Assoclates- 2832 WALNUT AVENUE, SUITE A TUSTIN, CA 92780 14) 734-J8452 FAX (714) 508-7521 LINE DATA: Ll - S00'00'00"W 55.88' L2 - S00°00'00"W 27.92' SHEET 1 OF 1 FILE NO.: 14052 DATE: 6/13/16 R\2014 Jobs\14052 — Jacobs — Orange County Civic Center Campus DRAWN BY: BJM Survey\Easement Documents\ PL LCGL—PARCEL GA4D1-280— CHKD. BY: TDR 20160407.dwg