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PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on July6, 12 0 2 1 , 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 SPS Technologies, LLC, a Pennsylvania limited liability
company, successor by merger to Cherry Aerospace LLC, a Delaware limited liability company (hereinafter
"Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and on 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) fee title to that certain real property legally described on attached Exhibit A and shown
as an area consisting of 6,801 square feet on the plat map attached as Exhibit B (the "Right of Way Fee
Acquisition Area") and (b) a one hundred eighty (180) day temporary construction easement ("Temporary
Easement") on, over, and above that certain real property described on attached Exhibit A-1 and shown as an
area consisting of 8,503 square feet on the plat map attached as Exhibit B-1 (the "Easement Area").
The Right of Way Fee Acquisition Area and the Easement Area are a portion of the real property commonly
known as 1224 E. Warner Avenue, Santa Ana CA)
(APN 016-150-09)
The Right of Way Fee Acquisition Area and the Easement Area are sometimes referred to herein together as "Said
Real Property".
Said purchase and sale of fee title to the Right of Way Fee Acquisition Area and the Temporary Easement on,
over, and above the Easement Area shall be in accordance with and subject to all of the following terms,
conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller; Grant by Seller.
A. At Closing on the Closing Date (described below), Seller agrees to convey the Right of Way Fee
Acquisition Area to City, by Grant Deed in form attached as Exhibit D (the "Grant Deed"). Closing shall be
through escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120,
Newport Beach, California,.
B. At Closing on the Closing Date, Seller and City agree to enter into a Temporary Construction Easement
Agreement in form attached as Exhibit E (the "Temporary Easement Agreement") pursuant to which Seller
shall grant to City a one hundred eighty (180) day temporary easement on, over and above the Easement
Area.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, at
Closing on the Closing Date, the Right of Way Fee Acquisition Area shall be conveyed by Seller to City, as
aforesaid, by Grant Deed, free and clear of any and all conditions, restrictions, reservations, exceptions,
easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or
specific, including any and all leasehold interests), liens, clouds or defects in title, except those exceptions shown
in Paragraph 15 below. Seller further agrees that acceptance by City of any deed to said real property, with or
without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation,
encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold
interests), lien, cloud or defect in title, shall not constitute a waiver by City of any right which might accrue to City
because of the failure of Seller to convey title as hereinabove provided.
110933392.4 0060972-00016
3. Title Insurance. It shall be a condition to City's obligation to close the transactions contemplated by this
Agreement that the above mentioned title company shall have committed at or before Closing to issue a policy of
title insurance, with the City therein named as the insured, in the amount of the Purchase Price (described below)
insuring the title of the City to the Right of Way Fee Acquisition Area is free and clear of any and all conditions,
restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether
monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or
defects in title, excepting such specific ones as are listed as exceptions in the title report. Acceptance by City of
any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not,
shall not constitute a waiver by City of any rights of action for damages or any other rights which may accrue to
City by reason of the failure of Seller to convey title as required in this Agreement.
4. Escrow: Closina Date. City agrees to open an escrow at the office of Commonwealth Land Title
Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5)
days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint
escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the
Escrow Agent upon the opening of the escrow. This transaction shall be closed "(Closing' or "Close of Escrow")
on or before the day that is sixty (60) days after the mutual execution and delivery of this Agreement by Seller and
City (the "Closing Date"). If escrow is not in a condition to close by the Closing Date, and failure to close is due to
unforeseen conditions of title or interest of third parties in said Real Property that cannot be resolved in Escrow on
or before the Closing Date, then Buyer may, at its option, prior to Closing on the Closing Date, request
cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all
obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is
timely made, Escrow shall be closed on the Closing Date. If this transaction is not closed on the Closing Date due
to no fault of Seller, all liabilities and obligations of Seller under this Agreement shall cease and terminate. Buyer
shall be entitled to possession of the Right of Way Fee Acquisition Area immediately upon close of escrow, and to
the temporary construction easement on, over, across the Easement Area upon a 48-hour written notification to
Grantor.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this
Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this
reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement,
shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes,
recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other
closing costs incidental to the conveying of the Right of Way Fee Acquisition Area, and the granting of the
Temporary Easement on, over, and above the Easement Area, to City. Penalties for prepayment of bona fide
obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures
Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon
it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement.
5. Property Taxes. Such real property taxes, if any, on the Right of Way Fee Acquisition Area 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 of the Revenue and Taxation Code of the
State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code
of the State of California for that portion of property taxes on the Right of Way Fee Acquisition Area for said fiscal
year which have been paid prior to the date the deed conveying the Right of Way Fee Acquisition Area to City is
recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying the
Right of Way Fee Acquisition Area to City is recorded and made uncollectible if unpaid by reason of Section 5086
of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or
110933392.4 0060972-00016
assessments attributable to the Right of Way Fee Acquisition Area, Seller shall be solely responsible for obtaining
any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole
cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund,
if any, through or outside of Escrow.
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.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and
for the full purchase price for the Right of Way Fee Acquisition Area, the above described Temporary Easement
on, over, and above the Easement Area, fixtures & equipment (improvements pertaining to the realty), goodwill (if
any), and severance damages, the total sum of Eight Hundred Ninety -Eight Thousand and no/100 Dollars
($898,000.00). The full purchase price under this Section 6 is referred to in this Agreement as the "Purchase
Price". City agrees to deposit said Purchase Price in escrow with the Escrow Agent on or before Closing on the
Closing Date, and the Escrow Agent is hereby authorized and instructed to pay the same to Seller upon and after:
(a) Conveyance of the Right of Way Fee Acquisition Area by the Grant Deed executed by Seller to
City, and acceptance by City of the Grant Deed, as hereinabove provided;
(b) Execution by Seller and City of the Temporary Construction Easement Agreement, granting to City
the Temporary Easement on, over, and above the Easement Area;
(c) Commitment by Escrow Agent to deliver to City the policy of title insurance as hereinabove
provided;
(d) Recordation of the Grant Deed conveying the Right of Way Fee Acquisition Area to City and
recordation of the Temporary Construction Easement Agreement.
7. Possession. Seller agrees to deliver to City, on the date the Grant Deed conveying the Right of Way Fee
Acquisition Area to City is recorded, quiet and peaceful possession of the Right of Way Fee Acquisition Area,
which shall be made free by Seller of all personal property.
8. Rental and Occupancy By Seller. INTENTIONALLY DELETED
9. 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.
10. 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.
11. 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.
12. Just Compensation. Seller acknowledges and agrees that said Purchase Price is just compensation at
fair market value for fee title to the Right of Way Fee Acquisition Area and the Temporary Easement on, over, and
above the Easement Area and includes payment for fixtures & equipment (if any) (improvements pertaining to the
realty), goodwill (if any), and severance damages.
13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of itself, its heirs, executors, administrators, successors
and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of fee title
110933392A 0060972-00016
to the Right of Way Fee Acquisition Area and of the Temporary Easement on, over, and above the
Easement Area by Buyer, and Seller hereby expressly and unconditionally waives any claim for
compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for
inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value"
attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of
machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback
from Seller, or receive any financial gain from, the sale of any portion of the Right of Way Fee Acquisition
Area, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure
sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245;
any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections
1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil
Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being
understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any
type or nature whatsoever relating to or in connection with the acquisition of fee title to the Right of Way
Fee Acquisition Area and of the Temporary Easement on, over and above the Easement Area by Buyer.
This release shall survive the Close of Escrow.
B. This Agreement arose out of Buyer's efforts to acquire fee title to the Right of Way Fee Acquisition Area
and of the Temporary Easement in the Easement Area through its municipal authority. Seller, on behalf of
himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its
successors, agents, representatives (including attorneys), and assigns, and all other persons and
associations, known or unknown, from all claims and causes of action by reason of any damage which has
been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire fee title to
the Right of Way Fee Acquisition Area and the Temporary Easement on, over and above the Easement
Area or to construct the works of improvement on the Right of Way Fee Acquisition Area, or any
preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to
indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on
the Property.
C. Seller hereby acknowledges that it either has consulted with legal counsel, or had an opportunity to
consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which
provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the debtor."
Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown
and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to
additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this
Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and
all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or
equitable principal of similar effect.
This acknowledgment and release shall survive the Close of Escrow.
14. 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 1224 E.
Warner Avenue, Santa Ana, CA 92705.
15. Exceptions City agrees to accept title to said real property by the Grant Deed subject to the following:
the non -monetary encumbrances and matters listed in the title report.
110933392.4 0060972-00016
16. 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.
17. AS -IS PURCHASE. Buyer is purchasing fee title to the Right of Way Fee Acquisition area and the
Temporary Easement in the easement area "as is", subject to all matters known, unknown and unsuspected.
Except as expressly set forth herein, Seller makes no representations or warranties, express or implied, with
respect to the title to or condition of said real property the suitability of said real property for Buyer's intended use,
or the presence of any hazardous substances or materials in any media on said real property. Buyer represents
that it has the necessary sophistication in real estate to assume the risk of unknown and unsuspected matters.
18. BUYER'S RELEASE OF SELLER. AT THE CLOSING, SUBJECT TO SELLER'S
REPRESENTATIONS AND WARRANTIES HEREIN, BUYER SHALL ASSUME THE RISK OF ALL ADVERSE
MATTERS RELATING DIRECTLY OR INDIRECTLY TO SAID REAL PROPERTY, INCLUDING, BUT NOT
LIMITED TO, PHYSICAL CONDITIONS AND ENVIRONMENTAL CONDITIONS, WHETHER SUCH MATTERS
HAVE BEEN REVEALED BY BUYER'S INVESTIGATIONS OR NOT. IF BUYER CLOSES ON THE PURCHASE
OF THE FEE TITLE TO THE RIGHT OF WAY FEE ACQUISITION AREA AND OF THE TEMPORARY
EASEMENT ON, OVER AND ABOVE THE EASEMENT AREA, THEN BUYER'S CLOSING SHALL
CONSTITUTE A RELEASE AND DISCHARGE OF, AND BUYER SHALL BE DEEMED TO HAVE RELEASED,
SELLER AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS,
EMPLOYEES AND AGENTS ("SELLER PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT AND STATUTORY CLAIMS), LOSSES,
DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS)
("CLAIMS") OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, PRESENT OR FUTURE,
WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY SELLER PARTY AT ANY TIME BY
REASON OF OR ARISING OUT OF ANY PHYSICAL OR ENVIRONMENTAL CONDITIONS, VIOLATIONS OF
ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) AND ANY
AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING SAID REAL
PROPERTY, INCLUDING ANY ACTS OR OMISSIONS OF SELLER OTHER THAN CLAIMS ARISING FROM
ANY BREACH OF AN EXPRESS REPRESENTATION OR WARRANTY OF SELLER HEREIN, OR SELLER
FRAUD (COLLECTIVELY, "RESERVED CLAIMS"). BUYER AGREES THAT SHOULD ANY CLEANUP,
REMEDIATION OR REMOVAL OF ANY HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL
CONDITIONS ON SAID REAL PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP,
REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF, AND SHALL BE PERFORMED AT THE
SOLE COST AND EXPENSE OF, BUYER AND THAT SUBJECT TO RESERVED CLAIMS, BUYER SHALL
HAVE NO CLAIM, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY CLAIMS OR CLAIMS FOR
CONTRIBUTION OR JOINT LIABILITY, AGAINST ANY SELLER PARTY. THE FOREGOING RELEASES
INCLUDE, WITHOUT LIMITATION, ANY CLAIMS BUYER MAY NOW OR HEREAFTER HAVE AGAINST ANY
SELLER PARTY UNDER ANY FEDERAL OR STATE LAW STATUTE OR REGULATION RELATING TO
HAZARDOUS SUBSTANCES, AS THE SAME MAY BE AMENDED. THE FOREGOING RELEASES,
COVENANTS, REPRESENTATIONS AND WARRANTIES INCLUDE, WITHOUT LIMITATION, ANY CLAIMS
SELLER MAY NOW OR HEREAFTER SUFFER UNDER ANY FEDERAL OR STATE LAW STATUTE OR
REGULATION RELATING TO HAZARDOUS SUBSTANCES, AS THE SAME MAY BE AMENDED. SUBJECT TO
THE FOREGOING, AND SUBJECT TO THE RESERVED CLAIMS, UPON CLOSING BUYER RELEASES AND
FOREVER DISCHARGES EACH SELLER PARTY FROM ANY AND ALL CLAIMS OF EACH AND EVERY KIND
OR CHARACTER, KNOWN OR UNKNOWN, PRESENT OR FUTURE, RELATING DIRECTLY OR INDIRECTLY
TO THE TITLE TO OR CONDITION OF SAID REAL PROPERTY, THE SUITABILITY OF SAID REAL
PROPERTY FOR BUYER'S INTENDED USE, REGARDLESS OF FAULT OR NEGLIGENCE OF SELLER. THE
RELEASES IN THIS PARAGRAPH SHALL SURVIVE THE CLOSE OF ESCROW AND SHALL NOT BE
DEEMED MERGED INTO THE GRANT DEED FROM SELLER TO BUYER.
19. Contingency. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City
herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance
and approval.
110933392.4 0060972-00016
20. Modification and Amendment. This PSA may not be modified or amended except in writing signed by
the Seller and City.
21. 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.
22. 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.
23. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State
of California.
24. 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.
25. 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.
26. 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.
27. 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.
28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein
below has the power, authority and right to bind their respective parties to each of the terms of this PSA.
29. 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 6 hereinabove, the City, its contractors or assigns, shall perform the following construction
contract items at the time of the installation of the proposed project:
NONE
All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws,
ordinances and regulations relating to such work and shall be completed in a good and workmanlike
manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by
the City, shall be left in as good condition as found.
(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:
110933392.4 0060972-00016
(c) It is understood and agreed by and between the parties hereto that the compensation paid to Seller
through this Agreement does not include the value of the cost to relocate the SCE vault located within the
Right of Way Fee Acquisition Area. Seller takes full and sole responsibility for the relocation of the SCE
vault, which shall be completed in a timely manner. Seller shall work in good faith with City and SCE for
the relocation of the SCE vault so that it does not interfere with or delay the City's Project. City will fully
reimburse Seller for the actual cost of the SCE vault relocation through a relocation reimbursement
agreement.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this PSA.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
110933392.4 0060972-00016
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
SELLER: SPS Technologies, LLC, a Delaware limited liability company, successor by merger to
Cherry Aerospace LLC, a Delaware limited liability company
Signed in counterpart.
0
Name:
Its:
City/Buyer
City of Santa Ana
Signed in counterpart.
Kristine Ridge
City Manager
Attest:
Signed in counterpart.
Daisy Gomez
City Clerk
Approved as to Form:
Jon M. Funk
Sr. Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Signed in counterpart.
Nabil Saba, PE, PLS
Executive Director
Public Works Agency
Date:
Date:
Date:
Date: June 4
Date:
2021
2021
2021
2021
2021
110933392.4 0060972-00016
A-2021-119
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above.
SELLER: SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to
Cherry Aerospace LLC, a Delaware limited liability company
By:
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Nam
ye:
te Pres1'.61 9.6-en:e/ai%ta ler
Its:
City/Buyer
City of Santa Ana
-2�3-,L_ -��c
Kristine Ridge
City Manager
Date: o1V-lluz , 2021
Date: Z Z1. 2021
'
i
Date: 2021
V!y
DaisGomez
City Clerk
Approved as to Form:
Signed in counterpart.
John M. Funk
Sr. Assistant City Attorney
ED FOR APPROVAL:
Nabil Saba, PE,
Executive Director
Public Works Agency
Date:
2021
Date: `7 / 1 S , 2021
110933392.4 0060972-00016
EXHIBIT "A" (PART TAKE FEE)
LEGAL DESCRIPTION
040.088.5818 phone
11307513_.19
05-.14 20
REVISED
05-15-20
EXHIBIT "A,"
LEGAL 6ESCRIPTION
RIGHT OF WAY FEE AQIJISTION
That portion of the land allotted to James McFadden, as described In the Final Decree of
Partition of the Rancho Santiago de Santa Ana, which was entered September 12,1868 in
Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and
for Los Angeles County, in the City of Santa Ana, County of Orange, State of California,
more particularly shown on the Record of Survey filed in Book 25, Page 3., of Records of
Survey, in the office of the County Recorder of said county, described as follows:
Beginning at the intersection of the Westerly Southern Pacific Railroad Company Right
of Way line as described in that certain Grant Deed recorded in Book 210, Page 33, of
Deeds, in said office of the County Recorder, as shown on said Record of Survey and the
Southerly line of the easement for street purposes described in that certain Deed, recorded
April 5, 1966, in Book 7890, Page 714, of Official Records, in said office of the County
Recorder, being the Southerly Right of Way line of Warner Avenue, 40.00 feet wide as
now established; thence along said Westerly Right of Way line South 01°23'57" West
12.50 feet to a line parallel with and 12,50 feet Southerly of said Southerly easement line;
thence leaving said Westerly line along said parallel line North 88°29'43" West 126.31
feet to the beginning of a curve concave Northerly, having a radius of 6,085.00 feet;
thence leaving said parallel line Westerly 231.92 feet along said curvet through a central
angle of 02111'0111 to the beginning of a reverse curve having a radius of 7.00 feet; thence
Westerly and Southwesterly 5.38 feet along said curve through a central angle of
44°02'03" to the beginning of a reverse curve having a radius of 23.00 feet; thence
Southwesterly and Westerly 17.93 feet along said curve through a central angle of
44139'33" to the beginning of a reverse curve having a radius of 22,526.00 feet; thence
Westerly 124.53 feet along said curve through a central angle of 00119'00'; thence non -
tangent North 88°23'57" West 81.60 feet to the Easterly line of Emmett's Addition of
South Santa Ana, per map filed in Book 8, Page 13, of Miscellaneous Maps, in said office
of the County Recorder, as shown on said Record of Survey; thence along said Easterly
line North 0102013411 East 9.79 feet to said Southerly Right of Way line of Warner
Avenue; thence along said Southerly Right of Way line the following two (2) courses:
South 88°30'26" East 30.39 feet and South 8802914311 East 555.20 feet to the Point of
Beginning.
11 q/R310362.0IWJ02. IO/QC INs r 6100
EXHIBIT "A" (PART TAKE FEE)
LEGAL DESCRIPTION
EXHIBIT A R307513,19
LEGAL DESCWTION-CONTINUED W-14-20
PAGE 2 OF 2 REVISED
05-15-20
Containing aft area of 6,901 square fco4 more or less,
SyNcc! �q covets, coxidlitio rcsc #tionsl-rcis tip of-way.w eoscmqnts,
- 1�
if any, ofr . ec' cid.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
BAVID W. MACKEY, PL9'8912
EXHIBIT "B" (PART TAKE FEE)
_. PLAT MAP
liNI1IHITA. It307513,19
LEGAL DESCRIPTION -CONTINUED 0549-20
PACE 2 OE 2 REVISED
05-15-20
Containing an area of 6,801.square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements,
if any, of record,.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
DAVID W MACKEY, PLS 8912
EXHIBIT "B" (PART TAKE FEE)
PAGE 2 OF 2 , .. PLAT MAP REVISED
05-15-20
Containing an area of 6,801 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights -of -way and casements,
if any, of record.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
DAVID W. MACKEY, PLS 8912
EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT)
LEGAL DESCRIPTION
INC. � 2803 Matn SVsats Sultn 400- INIft CA 925144280. 9,19.988:8818 phone - 949.988.8820 fax • hul9•z0118M.Min
R307513,19
05-14-20
REVISED
05-15-20
EXTIIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 016.150-09
That portion of the land allotted to James McFadden, as described in the Final Decree of
Partition of the Rancho Santiago de Santa Ana, which was entered September 12,1868 in
Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and
for Los Angeles County, in the City of Santa Ana, County of Orange, State of California,
more particularly shown on the Record of Survey filed in Book 25, Page 3, of Records of
Survey, in the office of the County Recorder of said county, described as follows:
Beginning at the intersection of the Westerly Southern Pacific Railroad Company Right
of Way line as described in that certain Grant Deed recorded in Book 210, Page 33, of
Deeds, in said office of the County Recorder, as shown on said Record of Survey and the
Southerly line of the easement for street purposes described in that certain Deed, recorded
April 5, 1966, in Book 7890, Page 714, of Official Records, in said office of the County
Recorder, being the Southerly Right of Way line of Warner Avenue, 40,00 feet wide as
now established; thence along said Westerly Right of Way line South 01°23'57" West
12.50 feet to a line parallel with and 12.50 feet Southerly of said Southerly easement line,
also being the TRUE POINT OF BEGINNING; thence leaving said Westerly line along
said parallel line North 88°29'43" West 126.31 feet to the beginning of a curve concave
Northerly, having a radius of 6,085.00 feet; thence leaving said parallel line Westerly
231.92 feet along said curvet through a central angle of 02111'01" to the beginning of a
reverse curve having a radius of 7.00 feet; thence Westerly and Southwesterly 5.38 feet
along said curve through a central angle of 44°02'03" to the beginning of a reverse curve
having a radius of 23.00 feet; thence Southwesterly and Westerly 17.93 feet along said
curve through a central angle of 44139'33" to the beginning of a reverse curve having a
radius of 22,526.00 feet; thence Westerly 124.53 feet along said curve through a central
angle of 00o19'00"; thence non -tangent North 88a23'57" West 81.60 feet to the Easterly
- line of Emmett's Addition of South Santa Ana, -per map filed in Book 8, Page 13, of
Miscellaneous Maps, in said office of the County Recorder, as shown on said Record of
Survey; thence along said Easterly line South 01020'34" West 21.49 feet; thence leaving
said Easterly line South 88o23'57" East 47.95 feet; thence South 02025'13" West 9.96
feet; thence South 88o29'43" East 216.10 feet; thence North 01"30'17" East 25,69 feet;
thence South 88°39'35" East 321.64 feet to said Westerly Southern Pacific Railroad
11C
EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT)
LEGAL DESCRIPTION
EXHIBIT A R307513.19
LECrAL DESCRIPTION-CONTTNtJED 05-14-20
PAGE 2 OP 2 REVISED
05-15-20
Company Right of Way line; thence along said Westerly line North 01123'57" East 2.22
feet to the TRUE POINT OF BEGINNING.
Containing an area of 8,503 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements,
if any, of record.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
DAVID W. MACKEY, PLS 8912
EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT)
PLAT MAP
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EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT
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Phone P49) o88-s815 Fax (9�6i) 88& am TEMPORARY S/14/2020
APMOWD BY CONSTRUCTION EASEMENT
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EXHIBIT "C" (Commonwealth Land Title Company)
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or
more of your general escrow accounts with any bank doing business in the State of California and may be
transferred to any other general escrow account or accounts. The expression "close of escrow" means the date
on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-
day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance
of a policy of title insurance called for, is hereby authorized.
There shall be no proration of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney
or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims with
respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein
affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is
resolved to your satisfaction, and you shall have the further right to commence or defend any action or
proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs,
damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in
connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit
in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and
discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly
charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time specified
herein and such additional time as is required to make an examination of the official records, you will return all
documents, money or property to the party entitled thereto upon satisfactory written demand and authorization.
Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the
buyer agrees to buy the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which
independently shall have the same effect as if it were the original, and all of which taken together shall constitute
one and the same instruction.
110933392.4 0060972-00016