HomeMy WebLinkAboutCC 3 EASEMENT ACQUIS. 04-20-81DATE: APRIL 9, 1981 4-20-81 Inter - C om TO: FROH: SUBJECT: DAN BLANKENSHIP, CITY ADMINISTRATOR BOB LEDENDECKER, DIRECTOR OF PUBLIC ~ORKS/CITY ENGINEER EASfMENT ACQUISITION FOR MAIN ST. AT WILLIAMS ST. STORM DRAIN (FILE 91271) Attad~ed are two copies of the acquisition agreement and the original easement deed for the easement that is required to allow construction of subject storm drain. This easament was acquired from the Churd~ of Christ of Santa Ana by the City's acquisition agent and there are no monies due to the grantor. RECOMMENDATION It is recommended that the City Council, at their meeting of April 20, 1981, authorize the Mayor and City Clerk to execute the acquisition agreements and, in addition, authorize the City Clerk to accept and record the easement deed. One copy of the acquisition agreement is for the City Clerk's file. Please return the executed grantor's copy of the aoguisition agreement to the City Engineer's office. In addition, please record the easement deed and forward one copy of the deed to the City Engineer's office upon recordation. DALE A. WiCK ~SISTANT CITY ~NG!N-~_ER DAW:db Attachments cc: City Clerk Church of Christ of Santa Ana, California (Grantors) PROJECT: Main St. Storm Drain PARCEL NO.: AP 402-202-01 ACQUISITION AGREEMENT AN EASEMENT DEED, dated , conveying property as shown on a map attached hereto as EXHIBIT "A" has been executed and delivered to BERRYMAN & STEPHENSON, INC. (Mr. Philip R. Pierce), acquisition agent for the City of Tustin. IN CONSIDERATION of which, and the other considerations herein set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of Tustin of ail further obligations or claims on this account. 2. CITY OF TUSTIN shall: Pay for and provide at its sole expense, all permits or authorization, required or desirable, of any kind whatsoever, and pay all recording, filing, trust deed clearance fees incurred in this transaction, and title insurance premium charges, if such insurance is desired by City. Bo Construct an underground storm drain facility within the area shown on said EXHIBIT "A". All work done under this agreement shall conform to all applicable ordinances and regulations relating to such work, and shall be done in a good and workmanlike manner. City shall, and does hereby hold, grantors harmless, and shall indemnify and defend grantors from and against any and all claims, demands, damages, action, or causes of actions, or liability therefor, whether or not well founded, arising out of the grant of the easement and right of way, the construction, reconstruction, maintenance or repair of the improvements, or operations pursuant to this agreement. The undersigned Grantors hereby give permission to the City of Tustin, its officers, agents and employees to enter upon that portion of their property as shown on EXHIBIT "B", attached hereto, for the purpose of constructing an underground storm drain facility. Upon completion of the storm drain construction work, the City of Tustin shall restore the surface improvement to the same general conditions as existed prior to the beginning of said work. The permissive right herein granted shall terminate upon the filing of a Notice of Completion by the City of Tustin. It is agreed and conformed by the parties hereto that, 'notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City of Tustin, including the right to remove and disperse of any improvements located within the land herein described, shall commence upon execution of this agreement by both parties. -1- this It is understood that the permanent easement and rights of way to be granted shall be acquired subject to the rights of the Grantors, their successors and assigns, to use the surface of the land within the boundary lines of such easements and rights of way to the extent compatible with the full. and free exercise of said easements and rights of way; provided however, that: any future construction, landscaping, grading, utilities, or other improvements proposed by the Grantors in the land subject to the easement shall be subject to prior written approval by the City of Tustin or its successors or assigns; paving, sidewalks, curbs, gutters, and landscaping will be permitted on the easement area; no buildings of any kind shall be placed, erected or maintained thereon. If approved surface improvements are removed by the City of Tustin or its authorized representative for any reason, it shall be the responsibility o£ the City of Tustin to replace, repair or otherwise compensate owner for said improvements. It is mutually understood and agreed that Philip R. Pierce, acquisition agent for the City of Tustin, has explained to Grantors the construction of said project in the manner proposed, including the effects of said construction on Grantor's remaining property. IN WITNESS WHEREOF, the ies ~ /part have executed this Agreement 2f day of '~?~%,'~'/'.-~-~t_,- , 1981. GRANTORS APPROVED AS TO FORbI: By City Attorney REC05IS!ENDED FOR APPROVAL: By Director of Public Works/ City Engineer By. Real ~oper ty-/Agent ATTEST: Church of Christ of Santa Ana, California CITY OF TUSTIN By Mayor, City of Tustin By City Clerk (NO OBLIGATIONS OTItER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.) -2- · RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO --r CITY OF TUSTIN ~°' Centennial and Main s,,,, Tustin, CA 92680 EXHIBIT A SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation E^sE rr Deed 402-202-01 The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value o[ liens and encumbrances remaining at time of sale. ( )Unincorporated area: ( )City of Tustin ,and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CHURCH OF CHRIST OF SANTA ANA, CALIFORNIA, acorporationorganized underthelawsofthe Stateof CALIFORNIA herebyGRANTSto CITY OF TUSTIN, a municipal corporation, an easement for storm drain purposes 10.00 feet in width over, under, across and through the following described real property in the CITY OF TUSTIN County of ORANGE , State of California: See legal description attached hereto and by reference made a part hereof. ment to be executed by ira thereunto duly aulhorized. Dated: STATE OF CALIFORNIA ~ SS. By COUNTY OF On before me. the und,'r- signed, a Nolary Public in and for said State. personally appeared By.__ known to me to be the President. and known In me In be .~ecretary of the Corporallon lhal executed the within Inslrumenl. known In me In be lite persons ,*'ho execuled the within Inatruraen! on behalf of Ihe Corporation therein named, and acknowledged to me that such Corporation executed the within Instru ment pursuant to its by-laws or a resolution oI ils board of directors. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- President and Secretary President Secretary WFI NESS my hand and official seal. Signature Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE BB 033-01 5 LEGAL DESCRIPTION An easement for storm drain purposes lO.O0 feet in width over, under, across and through, together with the right to construct, reconstruct, maintain and repair an underground drainage facility within that certain real property as described in deed to Church of Christ of Santa Ana, California, recorded on July 15, 1968 in Book 8658, page 566 of Official Records of Orange County, California, said property being within the City of Tustin of said County and State described as follows: The South 10.00 feet of Lot C of the Stafford and Tustin Tract, as shown on a map thereof recorded in Book 2, pages 618 and 619, Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California. EXCEPTING THEREFROM that portion lying Westerly of the Southeasterly line of that certain easement granted to the Orange County Flood Control District by Easement Deed recorded April ll, 1967 in Book 8221, page 908 in Official Records of Orange County, California. It is understood that the permanent easement and rights of way to be granted shall be acquired subject to the rights of the Grantors, their successors and assigns, to use the surface of the land within the boundary lines of such easements and rights of way to the extent compatible with the full and free exercise of said easements and rights of way; provided however, that: any future construction, landscaping, grading, utilities, or other improvements proposed by the Grantors in the land subject to the easement shall be subject to prior written approval by the City of Tustin or its successors or assigns; paving, sidewalks, curbs, gutters, and landscaping will be permitted on the easement area; no buildings of any kind shall be placed, erected or maintained thereon. If approved surface improvements are removed by the City of Tustin or its authorized representative for any reason, it shall be the responsibility of the City of Tustin to replace, repair or otherwise compensate owner for said improvements. EXHIBIT A CHURCH OF CHRIST OF SANTA ANA, CALIF. AP NO. 402-202-01 i I EXHIBIT A WORK DESCRIPTION LOCATION /I,,",,,~ .,,f.~..~.,/./v' -qZ'- ~--~,/.~'/Z-//.~,,¥'2~ - ~'/,X'Y" Z:~,,~ ~-~/S.7'//v' $.E'. NO.__ DRAWN ,...~,zP DATE z,/'~"/CHECKED DATE RECORDING DATE BOOK__PAGE A.P. NO. ~D~- ~'~- ~/ .TRACT NO. BOOK<~;~'z~ PAGE ~'~ FILE EXHIBIT B STORM DRI~IN £ $A4 '.T Rl~;llr OF £#TRY ~P. NO. ~;~. tOt-OI TRACT #0.. :FILE