ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
STATE ROUTE (SR) 91 SEGMENT 2 IMPROVEMENT PROJECT
East Frontera Street, Anaheim, CA 92806
140280
140281
N/A
Property Address Parcel Nos. APN
Federal Project No. Escrow No. Title Order No.
RIGHT OF WAY CONTRACT
City of Anaheim, a chartered city and municipal corporation (hereinafter, “Grantor”), owns the fee or easement interest in real property located at East Frontera Street, in the City of Anaheim, County of Orange, California, Assessor Parcel Numbers N/A (the “Property”). Portions of the Property are needed for construction of the State Route (SR) 91 Segment No. 2 Improvement Project (the “Project”). The Project is proposing to improve traffic operations along SR-91 between La Palma Avenue and SR -55 by adding one General Purpose lane and replacing the shoulder on eastbound SR-91 and restoring auxiliary lanes as needed throughout the project limits. Additional improvements will include replacement of the Kraemer Boulevard Overcrossing Bridge, replacement of the Tustin Avenue Overcrossing Bridge, and widening of the Santa Ana River Bridge. There will also be ramp improvements at the Kraemer Boulevard / Glassell Street and Tustin Avenue interchanges and at the East SR-91 to South 55 connector. There will also be street improvements on Kraemer Boulevard / Glassell Street and Tustin Avenue.
Document No. 140280, in the form of an Easement Deed to the Orange County Transportation Authority (“OCTA”) attached as Exhibit “1” and covering the property interest as described and depicted in Exhibits “B” and “B 1” thereto; and Document No. 14 0281, in the form of a Grant of Easement (Temporary Construction Easement) Deed to OCTA attached as Exhibit “ 2” and covering the property interest as described and depicted in Exhibits “ B” and “B1” thereto (collectively, the “Property Interests”), will be executed during the escrow to be opened for this transaction.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement ("Agreement"). The performance of this Agreement constitutes the entire consideration and shall relieve OCTA of all further obligation s or claims on this account, or on account of the location, grade, or construction of the proposed public improvement, except for those City of Anaheim-issued permits that may be required.
(B) OCTA requires the Property Interests for the Project, a public use for which OCTA has the authority to exercise the power of eminent domain. Grantor is compelled to sell and OCTA is compelled to acquire the Property Interests.
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
(C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interests by eminent domain litigation.
The compensation set forth herein for the P roperty Interests is in compromise and settlement, in lieu of such litigation and OCTA authority to acquire the Property Interests by exercising provisions of the California Street and Highway Code.
(D) It is agreed that OCTA shall open an escrow in accordance with this Agreement at an escrow company of OCTA’s choice (“Escrow Agent”). This Agreement constitutes the joint escrow instructions of OCTA and Grantor, and the Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow.
2. (A) OCTA shall pay the undersigned Grantor the sum of Ninety-Nine Thousand One Hundred Fifty-Five Dollars and Zero Cents ($ 99,155.00) for the Property Interests conveyed by Document Nos. 140280 and 140281 when title to said Property Interests vests in OCTA free and clear of all liens, deeds of trusts, encumbrances, assessments, easements, leases (recorded and/or unrecorded), and taxes, except:
i. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.
ii. Covenants, conditions, restrictions, and reservations of record
iii. Easements or rights -of-way over said land for public or quasi -public utility or public street purposes, if any.
iv. Water rights, claims or title to water in or under said land, whether or not shown by the public records
(B) OCTA will pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by OCTA, the premium charged therefor. Due to OCTA’s status as a public agency, no recording fees will be payable (pursuant to Government Code s ection 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code section 11922). This transaction may be handled through an external escrow with Golden State Escrow or another selected escrow company to be determined.
(C) OCTA shall have the authority to deduct and pay from the amount shown i n Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
thereon, and/or delinquent and unpaid non-delinquent assessments that have become a lien at the close of escrow.
3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the owner of a fee or easement interest of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against OCTA and the State of California , Department of Transportation (hereinafter, individually and collectively , "Releasee") by reason of the Project and/or acquisition of the Property Interests, including, but not limited to, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasee and any and all of Releasee ’s employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies, and assigns from liability in regard to any claims for the following: pre-condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights co nferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney’s fees, statutory interest , and/or costs. Grantor consents to the dismissal of any Eminent Domain proceeding that is filed pertaining to the Property Interests and waives all attorney’s fees, costs, claims to money on deposit, disbursements, and expenses in connection with the dismissal of said proceeding.
4. The parties intend that this Agreement will result in a full, complete , and final resolution and settlement of any and all claims, causes of action , or disputes that exist, or may exist, between them as to the acquisition, possession, and/or use of the Property Interests, except as expressly provided herein. It is therefore understood that the waiver under this Agreement of any rights, damages, compensation, or benefits to which Grantor is or may be entitled is intended to be full and complete. Accordingly, except as provided herein:
(A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her , would have materially affected his or her settlement with the debtor or released party."
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
(B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice.
5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.
6. Grantor represents and warrants that it is the owner of a fee or easement interest in the Property .
7. Grantor acknowledges that there are no tenants on the Property. Grantor agrees to defend and indemnify and hold OCTA harmless and to reimburse OCTA for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed may be required from any lessee that has a lease term exceeding one month. Said general releases or quitclaim deeds are to be provided by Grantor to Escrow Agent or OCTA prior to the close of escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement.
8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following improvements: None.
9. It is understood and agreed by and between the parties hereto that the following improvements within the area of the Property Interests will be protected in place or replaced as necessary: With respect to the Temporary Construction Easement described in Document No. 140281, any existing street improvements (including but not limited to pavement, curbs, gutters, sidewalks, and signage) that are disturbed, damaged, or removed by OCTA or its con tractor shall be replaced or reconstructed in kind and in accordance with the City of Anaheim’s street standards, to the reasonable satisfaction of the City. It is further understood and agreed to by and between the parties hereto that the following improvements within the areas of the Property Interests will be relocated:
None.
10. OCTA shall not take actual/physical possession of the Property Interest s until thirty (30) day advance notice by OCTA or OCTA's contractor is given to Grantor of OCTA's taking actual/physical possession of the Property Interest s. Prior to OCTA's actual/physical possession of the Property Interests, Grantor agrees to ho ld harmless, defend , and indemnify OCTA, its officers, directors, employees, and agents against any and all claims for property damage or injuries resulting from the use of the area s within the Property Interests by Grantor and/or Grantor’s guests, invitees,
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
or any other person. OCTA shall not be deemed to have control of the areas within the Property Interests nor a duty to maintain the area within the Property Interest s in a safe condition prior to the time OCTA or OCTA's contractor take s actual/physical possession of the areas within the Property Interests.
11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right to possession and use of the Property Interests by OCTA, including the right to remove and dispose of improvements within the Property Interests, shall commence on the date the amount of funds as specified in Clause 2(A) herein is deposited into the escrow controlling this transaction and the TCE shall terminate sixty (60) months thereafter (“TCE Term”). The deposit of funds will be within forty -five (45) days after the Agreement is fully executed by both parties. Upon the deposit and determination of the commencement date, Exhibit “2” shall be updated to reflect the commencement and termination date of the TCE. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said commencement date.
12. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages that have accrued or may accrue to Grantor’s remaining property by reason of its severance from the property conveyed herein and/or the construction and use of the proposed Project, including, but not limited to, any expense that Grantor may incur in restoring the utility of the remaining property. This releas e is not intended to extend to unanticipated physical damage caused by construction.
13. It is agreed between the parties hereto that OCTA is not assuming responsibility for payment or subsequent cancellation of unpaid assessments on the property acquired under this transaction.
The assessments remain the obligation of Grantor. Payment for the Property Interests acquired under this transaction is made upon the basis that the Grantor retains its obligation to the levying body respecting said assessments. The Property Interests acquired under this transaction are to be free and clear of any liens, bonds, and/or assessments at the close of escrow.
14. Notwithstanding anything to the contrary herein, the Property Interest granted under Document No. 140280 and 140281 consists of a portion of a public street right-of-way. As such, the Grantor is unable to ensure that the Property Interest will at all times remain free and clear of all vehicles, personal property, or other materials placed or left there by members of the public. Grantor shall, however, continue to maintain the Property Interest in the ordinary course of its public street maintenance responsibilities Grantor agrees that any materials, shrubbery, crops, improvements, personal property and debris within the Property Interest areas that remain after OCTA takes actual/physical possession of the Property Interests may be removed by OCTA and/or its contractor.
With respect to the Temporary Construction Easement described in Document No. 140281, any existing street improvements (including but not limited to pavement, curbs, gutters, sidewalks, and signage) that are disturbed, damaged, or removed by OCTA or its contractor shall be replaced or reconstructed in kind and in accordance with the City of Anaheim’s street standards, to the
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
reasonable satisfaction of the City. The Parties acknowledge and agree that Grantor shall not be obligated to provide any greater standard of maintenance or enforcement than that which Grantor customarily provides for public streets under its jurisdiction.
15. Any notice either party is or may be required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses:
To Grantor:
City of Anaheim Public Works
Development Services – Ral Property
Attn: Randy Saldana
200 South Anaheim Boulevard
Anaheim, CA 92805
To OCTA:
Orange County Transportation Authority
550 South Main Street
Orange, CA 92863-1584
Attn: Joe Gallardo
16. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal r epresentatives, subsequent purchasers, successors, and/or assignees. OCTA may freely assign any or all its interests or rights under this Agreement.
17. Grantor makes no representation or warranty regarding the environmental condition of the Property, which consists of a public street right -of-way and is conveyed in its current “as -is” condition. Without limiting the foregoing, Grantor represents and warrants only that, to the best of its current actual knowledge and without any duty of investigation, Grantor has not caused or authorized any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property during the period of Grantor’s ownership. Grantor further represents and warrants that it has no actual knowledge of any such disposal, release, or threatened release occurring prior to Grantor taking title to the Property.
The acquisition price of the Property Interests being acquired in this transaction reflects the full and complete settlement of the Property Interests in “as-is” condition. If the Property Interests being acquired are found to be contaminated by the presence of hazardous waste that requires mitigation under Federal or State law, OCTA may elect to recover its clean -up costs from those who caused or contributed to the contamination; provided, however, that in no event shall Grantor bear any responsibility or liability for such conditions or costs.
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
18. It is understood and agreed that the fully executed Easement Deed be recorded in the Recorder's Office for the County of Orange and Grant of Easement (Temporary Construction Easement ) Deed may be recorded in the Recorder's Office for the County of Orange.
19. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
20. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
21. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement.
22. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.
23. The Parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 28 C.F.R. Section 50.3.
24. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
25. This Agreement may be subject to approval by OCTA’s governing Board of Directors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
In Witness Whereof, the parties have executed this Agreement on the day and year set forth below.
GRANTOR:
City of Anaheim, a municipal corporation and chartered
city
By: ____________________________________________
Name: _________________________________________
Its: ____________________________________________
Date:___________________________________________
APPROVED AS TO FORM:
Anaheim City Attorney’s Office
By: ____________________________________________
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:____________________________________________
James G. Beil DATE Executive Director, Capital Programs
APPROVED AS TO FORM:
By:____________________________________________
James Donich DATE General Counsel
Orange County Transportation Authority
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
Exhibit “1”
Easement Deed
(Document No. 140280)
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
Clerk of the Board
ORANGE COUNTY TRANSPORTATION
AUTHORITY
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
WITH COPY TO
City of Anaheim
Attn: Public Works
200 South Anaheim Boulevard
Anaheim, CA 92805
FREE RECORDING:
This instrument is for the benefit of the Orange County Transportation Authority and is entitled to be recorded without fee or tax. (Gov. Code, §§ 6103, 27383; and
Rev. & Tax. Code, § 11922.)
Written by: VTD Checked by: LL EA: 0K982 Space above this line for Recorder’s Use
APN: Fronterra Street RW adjacent to 360-061-14, 360-071-22, 30, 31, 33, 35, and 39 Grantor City Deed No.:_____________
EASEMENT DEED
District County Route Postmile Number
12 ORA 91 8.4 140280
City of Anaheim, a municipal corporation and chartered city,
hereinafter called GRANTOR, hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, hereinafter called OCTA, an easement for highway roadway purposes, in, on, under, over, and across that real property in the City of Anaheim, County of Orange, State of California, described as follows:
See Exhibits “B” and “B1” attached.
Number
140280
GRANTOR:
City of Anaheim, a municipal corporation and
chartered city
Dated: ______________
By: ________________________________
Name: ________________________________
Its: ________________________________
APPROVED AS TO FORM
ANAHEIM CITY ATTORNEY’S OFFICE
By: ____________________
Number
140280
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ( )
On _______________ before me, _______________________________________________, 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.
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.
Number
140280
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Easement Deed dated _______________, 202__, from the City of Anaheim , a chartered city and municipal corporation, to the Orange County Transportation Authority (“OCTA”), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2022-052 adopted on August 22, 2022 , and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: ______________________ By: ___________________________________ James G. Beil
Executive Director, Capital Programs
PAGE 1 OF 3
EXHIBIT “B”
LEGAL DESCRIPTION
HIGHWAY EASEMENT
PARCEL 140280
THAT PORTION OF FRONTERA STREET, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN LOTS 14, 15 AND 16 OF ORANGE GROVE ACRES NO. 2, AS PER MAP RECORDED IN BOOK 7, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID FRONTERA STREET ALSO BEING SHOWN AS PARCEL 9 OF RELINQUISHMENT NO. 557 OF HIGHWAY RIGHT OF WAY IN THE CITY OF ANAHEIM, RECORDED AUGUST 29, 1968 IN BOOK 8706, PAGE 3 OF OFFICIAL RECORDS, SAID FRONTERA STREET BEING ALSO SHOWN AS “FRONTAGE ROAD” ON STATE OF CALIFORNIA’S DEPARTMENT OF TRANSPORTATION (CALTRANS) RIGHT OF WAY MAP NO. F-1837, SC-42R-0069, ON FILE WITH CALTRANS DISTRICT 12 RIGHT OF WAY MAPS, SAID PORTION IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF STATE ROUTE 91 DESCRIBED AS “NORTH 60°24’11” EAST 141.92’” AS SHOWN ON SAID RIGHT OF WAY MAP, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 725.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 28°04’58” WEST; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND SAID CURVE 139.74 FEET THROUGH A CENTRAL ANGLE OF 11°02’36”;
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE NORTH 72°59’46” EAST, 796.61 FEET TO THE TRUE POINT OF BEGINNING .
THENCE CONTINUING NORTH 72°59’46” EAST 190.03 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 16°21’04” EAST 3.78 FEET; THENCE NORTH 73°38’55” WEST 41.75 FEET;
THENCE NORTH 16°21’04” WEST 4.25 FEET TO SAID RIGHT OF WAY LINE; THENCE ALONG SAID RIGHT WAY LINE NORTH 72°59’46” EAST 121.13 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 75°19’10” EAST 32.34 FEET; THENCE NORTH 73°38’55” EAST 8.02 FEET;
THENCE NORTH 71°58’41” EAST 33.59 FEET;
THENCE NORTH 73°38’55” EAST 62.42 FEET;
PAGE 2 OF 3
THENCE NORTH 74°08’49” EAST 9.19 FEET;
THENCE SOUTH 15°51’11” EAST 2.00 FEET;
THENCE NORTH 74°08’49” EAST 19.89 FEET TO THE EASTERLY LINE OF PARCEL 9; THENCE ALONG SAID EASTERLY LINE SOUTH 02°35’48” EAST 2.58 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 68°36’33” WEST 5.12 FEET; THENCE SOUTH 72°45’44” WEST 30.45 FEET;
THENCE NORTH 88°03’50” WEST 5.33 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 23.17 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 7.74 FEET THROUGH A CENTRAL ANGLE OF 19°07’40”;
THENCE SOUTH 72°48’30” WEST 50.79 FEET;
THENCE SOUTH 72°59’46” WEST 169.68 FEET;
THENCE SOUTH 72°53’52” WEST 7.26 FEET;
THENCE SOUTH 71°26’28” WEST 9.99 FEET;
THENCE SOUTH 73°38’55” WEST 23.11 FEET;
THENCE SOUTH 72°51’53” WEST 28.63 FEET;
THENCE SOUTH 73°41’46” WEST 7.02 FEET;
THENCE SOUTH 72°59’46” WEST 141.94 FEET;
THENCE SOUTH 73°11’03” WEST 30.98 FEET;
THENCE NORTH 17°29’49” WEST 4.20 FEET TO THE SAID SOUTHEASTERLY RIGHT OF WAY LINE AND THE TRUE POINT OF BEGINNING .
CONTAINING AN AREA OF 1,936.77 SQUARE FEET MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH). ALL DISTANCES DESCRIBED ARE GRID. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY 0.99998850.
PAGE 3 OF 3
ALL AS SHOWN ON EXHIBIT “B1”, ATTACHED HERETO AND MADE A PART HEREOF.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.
__________________________________8/9/2024
LISA M. HENSTRIDGE SPIVAK DATE PLS 7177
SEE BELOW LEFT
EXHIBIT "B1"PARCEL 140280
RIVERSIDE FREEWAY SR 91
HIGHWAY EASEMENT
SEE ABOVE RIGHT
,
,
(),
EXHIBIT "B1"PARCEL 140280HIGHWAY EASEMENT
RIVERSIDE FREEWAY SR 91RIVERSIDE FREEWAY SR 91
EXHIBIT "B1"PARCEL 140280HIGHWAY EASEMENT
RIVERSIDE FREEWAY SR 91
ORANGE COUNTY TRANSPORTATION AUTHORITY
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
Exhibit “2”
Grant of Easement (Temporary Construction Easement) Deed (Document No. 140281)
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
ORANGE COUNTY TRANSPORTATION
AUTHORITY
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
WITH COPY TO
City of Anaheim
Attn: Public Works
200 South Anaheim Boulevard
Anaheim, CA 92805
FREE RECORDING:
This instrument is for the benefit of the Orange County Transportation Authority and is entitled to be recorded without fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, § 11922.)
Portion of APN: N/A Above Space for Recorder’s Use Grantor City Deed No.:_____________
GRANT OF EASEMENT
(Temporary Construction Easement)
City of Anaheim , a municipal corporation and chartered city (hereinafter, “Grantor”), is the owner of that certain real property located in the City of Anaheim, County of Orange, State of California, commonly known as East Frontera Street and designated as Assessor Parcel Number N/A (“Grantor’s Property”).
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity (“Grantee”), its employees, agents, representatives, contractors, successors, and assigns, a temporary easement for construction of the State Route (SR) 91 Segment No. 2 Improvement Project, in, on, over, under, and across that portion of Grantor’s Property more particularly described in Exhibit “B”, depicted in Exhibit “B1”, and as defined in scope in that certain document titled “Temporary Construction Easement Attachment to Legal Description,” all of said documents are attached hereto and incorporated herein by this reference . The term of the easement described herein will commence on the date of the deposit of funds into escrow, ____________________, and expire sixty (60) months thereafter.
District County Route Postmile Number
12 ORA 91 8.4 140281
DATED: __________________
APPROVED AS TO FORM
ANAHEIM CITY ATTORNEY’S OFFICE
By:
GRANTOR:
City of Anaheim, a municipal corporation and
chartered city
By:
Name: ________________________________
Its:
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF )
On _______________ before me, __________________________________________________, 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 ________________________ (Seal)
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.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated ____________________, from the City of Anaheim , a chartered city and municipal corporation, to the Orange County Transportation Authority ( “OCTA”), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2022-052 adopted on August 22, 2022, and the Grantee consents to recordation thereof by its duly authorized officer.
APN: N/A
Dated: ________________________ By: ___________________________________ James G. Beil
Executive Director, Capital Programs
TEMPORARY CONSTRUCTION EASEMENTPARCEL 140281EXHIBIT "B1"