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HomeMy WebLinkAboutRAMBOAT INVESTMENTS, LLC, THE (3)DEC 2 0 2021 INSURANCE NOT REQUIRED A-2021-240 WORK MAY PROCEED CLERK OF COUNCIL DATE: PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on December? 2021, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and The Ramboat Investments, LLC, a California Limited Liability Company (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property rights (hereinafter collectively "Said Real Property") legally described as follows: SEE Exhibits "A" and "A-1"— Legal Descriptions and Exhibits "B" and "13-1" — Plat Maps ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2400 S. Grand Avenue, Santa Ana, CA 92707) (APN 016-150-71) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. A. Seller agrees to convey Said Real Property as set forth in Section 13 below to City, by Grant Deed and easement deed for a temporary easement, at the office of Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller Agrees to convey to City a 5,508 foot fee acquisition and Six (6) Month 2,681 square foot Temporary Construction Easement in, on, over and above the portion of property described on the attached Exhibits "A and A-1" and depicted on the attached Exhibits "B and B-1" and incorporated herein by the reference. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, 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 hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. 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 its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. City Council 22 — 4 12/7/2021 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Three Hundred Ninety -One Thousand Forty and no/100 Dollars ($391,040) insuring the title of the City to Said Real Properties are 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 city may hereinafter expressly agree to take subject to. 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 its right to such insurance as is herein required of Seller, nor a waiver by the 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 or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Insurance 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. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, 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 made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. 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 Said Real Property 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 Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 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 Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncoliectible 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 City Council 22 — 5 12/7/2021 assessments attributable to the Property; 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 Sellerfor 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 Said Real Property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Three Hundred Ninety -Nine Thousand and 00/100 Dollars ($399,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of Said Real Property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of Said Real Property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said property, which shall be made free to 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 Said Real Property and includes payment for fixtures & equipment (improvements pertaining to realty), goodwill (if any), and severance damages. City Council 22 — 6 12/7/2021 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of itself, its, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); pre -condemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, 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 1245.246; 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 Sellers 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 the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property 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 the Property or to construct the works of improvement thereon, 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 he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the previsions 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 know by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that he 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 or similar effect. This acknowledgement 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 2430 S. Grand Avenue, Santa Ana, CA 92705. City Council 22 — 7 12/7/2021 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: See Exhibit "D" attached hereto. 16. Enure 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. DISCLAIMER: RELEASE. AS AN ESSENTIAL INDUCEMENT TO SELLER TO ENTER INTO THIS AGREEMENT, AND AS PART OF THE DETERMINATION OF THE PURCHASE PRICE, BUYER ACKNOWLEDGES AND AGREES, THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND THE DOCUMENTS EXECUTED BY SELLER IN CONNECTION HEREWITH: A. DISCLAIMER: AS -IS: WHERE -IS. THE SALE OF THE PROPERTIES HEREUNDER IS AND WILL BE MADE ON AN "AS IS, WHERE IS" BASIS. SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE OF, AS TO, CONCERNING OR WITH RESPECT TO ANY OF THE PROPERTIES OR ANY OTHER MATTER WHATSOEVER. ii. SOPHISTICATION OF BUYER. BUYER IS A SOPHISTICATED BUYER WHO IS FAMILIAR WITH THE OWNERSHIP AND OPERATION OF REAL ESTATE PROJECTS SIMILAR TO THE PROPERTIES, AND BUYER HAS HAD ADEQUATE OPPORTUNITY OR WILL HAVE ADEQUATE OPPORTUNITY PRIOR TO CLOSING TO COMPLETE ALL PHYSICAL AND FINANCIAL EXAMINATIONS RELATING TO THE ACQUISITION OF THE PROPERTIES HEREUNDER IT DEEMS NECESSARY, AND WILL ACQUIRE THE SAME SOLELY ON THE BASIS OFAND IN RELIANCE UPON SUCH EXAMINATIONS AND THE TITLE INSURANCE PROTECTION AFFORDED BY BUYER'S TITLE INSURANCE POLICY OR POLICIES AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. iii. DUE DILIGENCE MATERIALS. ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO ANY OF THE PROPERTIES IS SOLELY FOR BUYER'S CONVENIENCE AND WAS OR WILL BE OBTAINED FROM A VARIETY OF SOURCES. SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER SHALL NOT BE LIABLE FOR ANY MISTAKES, OMISSIONS, MISREPRESENTATION OR ANY FAILURE TO INVESTIGATE ANY OF THE PROPERTIES NOR SHALL SELLER BE BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, APPRAISALS, ENVIRONMENTAL ASSESSMENT REPORTS, OR OTHER INFORMATION PERTAINING TO ANY OF THE PROPERTIES OR THE OPERATION THEREOF, FURNISHED BY SELLER OR BYANY MANAGER, MEMBER OR PARTNER OF SELLER, OR BY ANY REAL ESTATE BROKERS, MEMBERS, PARTNERS, AGENTS, REPRESENTATIVES, TRUSTEES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SERVANTS OR AGENTS OF ANY OF THE FOREGOING, OR OTHER PERSONS OR ENTITIES ACTING ON BEHALF OF SELLER OR AT SELLER'S REQUEST (COLLECTIVELY, "SELLER RELATED PARTIES"). City Council 22 — 8 12/7/2021 RELEASE. EFFECTIVE AS OF THE CLOSING, BUYER HEREBY RELEASES SELLER AND ALL SELLER RELATED PARTIES FROM ALL CLAIMS THAT BUYER OR ANY PARTY CLAIMING BY, THROUGH OR UNDER BUYER (A `BUYER RELATED PARTY") HAS OR MAY HAVE AS OF CLOSING ARISING FROM OR RELATED TO ANY MATTER OR THING RELATED TO OR IN CONNECTION WITH ANY OF THE PROPERTIES, INCLUDING THE PROPERTY INFORMATION, THE LEASES AND THE TENANTS THEREUNDER, ANY CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS IN THE DESIGN OR CONSTRUCTION AND ANY ENVIRONMENTAL CONDITIONS, INCLUDING THE PRESENCE OF ANY HAZARDOUS MATERIALS, AND BUYER SHALL NOT LOOK TO ANY SELLER RELATED PARTIES IN CONNECTION WITH THE FOREGOING FOR ANY REDRESS OR RELIEF, THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED TERMS AND PROVISIONS, INCLUDING THOSE RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION AND, IN THAT REGARD, BUYER HEREBY EXPRESSLY WAIVES ALL RIGHTS AND BENEFITS IT MAY NOW HAVE OR HEREAFTER ACQUIRE UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "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." 18. Reserved. 19. Reserved. 20. 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. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. 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. 23. 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. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. 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. 26. 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. City Council 22 — 9 12/7/2021 27. 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. 28. 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. 29. 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, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Construction Contract and Curative Work. 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. Any landscaping removed within the TCE area will be replaced by the City as part of the project. 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. [Signature Page Follows] City Council 22 — 10 12/7/2021 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: The Ramboat Investments, LLC, a California Limited Liability Company Date: / v � �! By: t�ICtIAc� Name: rniNA�� , Its: City/Buyer City of Santa Ana `�.��✓�/ Date: /2�y Kristine Ridge City Manager ATTE m ti r 4A Date: aiy Gomez ity Clerk APPROVED AS TO FORM: 42 - � � - Jo n M. Funk Sr. Assistant City Attorney REC11OMMENDED FOR APPROVAL: F-l"� Nabil Saba, PE, Executive Director Public Works Agency 10-22-21 Date: Date: I Z%)4/zoz1 City Council 22 — 11 12/7/2021 EXHIBIT "A" (PART TAKE FEE) LEGAL DESCRIPTION IMrz-FglpgS W1 2409MeM firml 5 1"dMMiro, U, 9xd1141roI9A9.pA&SAls phon pg9.9A0.58M Aq F 111 eeflo.e.w �- R307M 3,19 09.20.19 REVISED 02.24-20 MX111Ef1' "A" LEGAL. DESCRIPTION RIGI G' OF WAY FRR ACQUISITION APN 016d50-71 That pm•tfon of fire land allotted to Lames McFadden, as described in the Final Dome of Pardtion of due Rancho Santiago de Santa Ana, which was caure'd September 12, 1868 In Book Pago 410 of Jndgnneias 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, as slwvm on u IMP Pled In Hook 113, Pages 43 through 44, inclusive, of Records of Survey, in the otlico of lire County Recorder of said County, descrlbed as follows; Cansnranchng at the Northerly terminus of that certain courso in the Westerly line of Instrument No. 1995-0531198, of Official Records in sold office of tine County Recorder, as shown on said Record of Survey, shown as having a hearing and distance of "NO1 °2515911E 220.00, " on said Record of Survey, also being on the Southerly Right of Way line as shown oil said Record of Survey; thence along said Southerly Right of Way South 88031'00" Bost 24.74 feet to the TRUE POINT OF 13E0LNNINQ thence leaving said Southerly Right of Way line South 96038134" East 36.33 feet to the beginning of a non -tangent curve concave Southerly, having a radius of 1449.00 feet, a radial line of said curve to said beginning bears North 02°24'23" East; thence Easterly 111,26 feet through a central angle at' W23'58 ; thenoo South 8301119" East 131.01 feet to the beginning of a curve concave Northerly, having a radius of 835,00 feet; thane Easterly 77.57 feet through u control angle of 05019'21" to a line being tangent with and 13,o0 feet Southerly of said Right of Way line; thence along said parallel line South 88"31'0o" East 200.11 feet; thence leaving said parallel line Soule 4303336" But 3.533 fact to the Westerly Right of Way line of Grand Avenue as shown on said Record of Survey; thence along the said Westerly Right of Way line of said Grand Avenue and said Southerly Right of Way line of said Warner Avenue the following seven (7) courses: North 01023147" Bost 12.99 fact, North 43033'36" West 35.35 feet, North 83031'00" West 275.00 feet to the beginning of a curve concave Northerly, having a radius of t 10.00 feet, Westerly 12.34 feat along said curve through a central angle of 06025'38", North 82005'22" West 78.10 feet to rho beginning of a curve concave Southerly, having a radius Of'9"0 feet, Westerly 10,10 hol along said curve through a cennal angle of 06025'38", and North 88°31'00" West 180.36 feet to the TRUF. POINT OF BEGINNING. Containing an area of 5,508 srinare feet, race, or less, City Council 22 — 12 12/7/2021 EXHIBIT "A" (PART TAKE FEE) LEGAL DESCRIPTION EXHIBIT "A" R307513,19 LEGAL DESCRIPTION 09-20.19 RIGHT OF WAY FEE ACQUISITION REVISED APN 016-150-71 02-24-20 Subject to covenants, conditions, reservations, restrictions, rights -of -way and casetnents, if any, of record. A11 as shown on Exhibit "A" attached hereto and by this roferonce made a part hereof, DAVID W, MACRBY, PT.S I. 12 A307513,19A)M,I WREF 51016.150.71 ROW DEG City Council 22 — 13 12/7/2021 IN EXHIBIT "B" (PART TAKE FEE) PLAT MAP WARNL�'R3AVENUE^------_�_._ 3 �,a p.O,G: Sty R?aqr OrT.P.O,B. ONE WARNER AVENUE �0,3 W N8831,00"W 20bd.3 ?05.34'f • fatl8 A 044vw -- A410, M R41,449.00' n L=f1jz6' 5,506 SOFT: NBi 1' -w RECORD OF 'OUR LYEy G7t§)" 9,f=90s4' {� R"93"19" Vogl,0U164 N88;7t'00'W WARNER AVENUE N n 9 C'S MORT OF WAY R WARMER AVENUE rveGJJ'OD"W 279.00' �.% _ � 5 5oa staPr. N8831Oo W 200.1 7.ST !' 67, r J.Q N4393'36"W.. •� ��jj 3B,33' 3 OF, SURVEY /AVJO� 05-1086 IFS. S.D. 998 / 4/2- 416 `Q�,t LAND 1 b y W0. tl9iZ R 4A4A`aF oM.�foP�\t REVISED, WLY RIGHT OF WAY•-y z ONE ORANO AVENUE '7 I (XXX) INDICATES RECORD DATA PER RECORD OF 5VRVEY NO, 95-fO56, R.S.B. 153143-44 hl l 11 1' .. !f \I I t] ijC. SKETCH TO ACCOMPANY ""` 7"�b0' 1 14.�.1 1 Lh../LI:GkI'n..7 A LEGAL DESCRIP71pN a+nW,'aY D FIuNh•7011are, Ina hNk" 2003 MWn Street, Sulu 400, Irvhe, CA 926% CXHISIT 'B' B RNR Frwrw 00 see -me Pee ") 9ee•-c629 RIGHT OF WAY NwBavEn ar ffB FEE ACQUISMON .>m i9/20/10f 2 .,/.%� ✓ lyeer ate_ x. , A.P.N.01B-t50-91 R30761119 City Council 22 — 14 12/7/2021 EXHIBIT "A-V (TEMPORARY CONSTRUCTION EASEMENT) LEGAL DESCRIPTION [JUITMOLLARS_ HWR9FIllMb Mlf.., 2SMAWn SImm Sein lOA nnino, CA92614df5P �9dY9PSEPli pFona, 9A9.9PP SP2PI" Tull ollenmm - �— - -- R307513.19 09-20-19 REVISED 03-02-A EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 016.150.71 That portion of the land allotted to James McPaddut, as described in the Final Decree of Partition of the Rancho Santiago (le Santa Ana, which was entered September 12, 1868 in Sook H, Page 410 of Judgments of the district court of the 17th Aidicial District In and for Los Angeles County, in the City of Santa Ana, County of Orange, state of California, as shown on a map fled in ]look 153, Pages 43 through 44, inclusive, of Records of Survey, in the office of the County Recorder of said County, described as follows: Commencing at the Northerly ninairins of that certain coon in the Westely line of ]nstmment No. 1995.0531199, of OfficiaLRecords in. said office of the Cotmty Racayder, as shown on wilt Record of Survey, shown as having a bearing and distance of "NOI 025'59"E 220.00' " on said Record of Survey, also being on the southerly right of Way line as shovm an said Record of Survey; thence along said Southerly Right of Way Soutt 88031'00" East 21.21 feet to lire TRUE POINT OF BEGINNING,, thence cantinuiug South 88031'00" East 1.52 Pent, thence leaving said Southerly Right of Way .line South 86°3834" East 36.33 fiber to the beginning of a non -tangent curve concave Southerly, having a radius of 1449,00 feet; thence Easterly 111.26 feet through a central angle of 04023'58 thence South 83'1119" East 13'1,01 ,toot to the beginning of a curve concave Northerly, having a radius of 835.00 feet; thence Easterly 77•57 feet through a central anglo of 05"19'21" to a line being parallel with and 13,00 feet southerly of said Right of Way line; thenco along said parallel line South 88031'00" East 176.49 feet; thence leaving said parallel line Santh Ol "29'00" West 5,00 feet w a line parallel with and 5.00 feet Southerly of the course Previously heroin described as "South 88"3100" East 176.49 feet"; thence along amid parallel line North 98031,001, West 176.49 feet to the beginning of a curve concave Northerly, having a radius of 840,00 feet, said curve being concentric with and 5.00 Southerly of the curve previously herein described as having a radius of 835.00 feet; thence Westerly 78,03 feet through a central angle of 0501921" to a line bohrg parallel with and 5.00 feet Southerly of the course Previously hernia described as "South 83"11'39" Emst 131.01 feet"; thence along said parallel line North 83'11'39" West 131..01 feet to the beginning of a curve concave Southerly, having a radius of 1444.00 foot, said curve being concentric with. and 5,00 Southerly of the curve Previously herein described as having a radius of 1449.00 feet; thence Westerly 111.98 {eel through a central angle of 04023158"; thence non -tangent North 86038'34" West. 39.70 feet; thence North 01-29100" West 4.89 feet to the TRUE POINT OF 6EO1NNiNG• City Council 22 —15 12/7/2021 EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT) LEGAL DESCRIPTION EN111BiT "A" R307513.19 LEGAL DESCRIPTION 09.20.19 TEMPORARY CONSTRUCTION EASEMENT REVISED APN 016•I50-71 03,02.20 Containing nit men of 2,681 square feet, more or less. Subicot to covenants, conditions, reservations, restrictions, rights -or -way and easements, if any, of record. All as shovat on Exhibit "B" attached hereto mid by this reference made a pmt hereof, AZ DAV17) W, tM KEY, P r/Itip9513.i Ylpb6i 14REF 51 016-150.71 Moen City Council 22 — 16 12/7/2021 EXHIBIT 11B-1" (TEMPORARY CONSTRUCITON EASEMENT) PLAT MAP N80'Jl'tl0"W q3 MIWARNER AVENUE Sl iy SLY4� vl Rt OF WAY LINE WA LINE WARNER AVENUE z � NW71:S9"W 1Jf.D' .... 'gBg�Q a L=110. ?B871Spp r,� 60-'64 N88;i7'o0"W_'.,._.__,---....._.,-.�____.._..«___.�.' y WARNER AVENUE I p //////------51Y R10NT OF WAY I,INE WARNFR AVENUE 1 -.... 3 7821" R 640.00, k - N063N000W 176,49' v 1 L=7a.ar' 2, 68i Sq.F'T � WP_Y RIM OP WAY^^*�^��yy�' l \p�I,L 14 W0 s DOURSE e& CURVE DATA} LINE GRANO AVENUE '7 w54a�b W' FAO GP,t 1 N0129'00 EN88*4J 54'W J.62' I 70 pq �- N8638'J4"W Jam, u a A-04'2J'58" R=1,449.00' L=11f.26' A-05Y92f" R=8J0.60' L=77.57' *: N0. 8912 a. N6G38'39.7v' 6 (XXX) INDICATES RECORD DATA @f4R' oe cnt1F�'4�e 00T " 4,87, PER RECORD OF SURVEY NO. REV]sE0. J1212020 96-1056, R.S.B. 163143-44 HQitr ''`� r �)'' SKETCR TO ACCOMPANY 1 1 /—&"."�l L :C' A LEGAL DESCRIPRON oWM 2603 Me��94 ee6 s,ne aaa,1Z)0, cA 02014 E'XNIRIT '9' -Dy Phone (aAe) eae-bets 400 (aAd) e8-6820 TEMPORARY CON;i UorM RRN s Dm or EASEMENT' Fn" 9/13/2019 3/� AN 016-160-27 " R3076f319 City Council 22 —17 12/7/2021 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. City Council 22 —18 12/7/2021 EXHIBIT "D„ EXCEPTION TO TITLE APPROVED BY BUYER A. Property taxes, which are a lien not yet due and payable, Including any assessments collected with taxes to be levied for the fiscal year 2021.2022. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 6. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Statement for a Redevelopment Project Recording Date: July 08, 1982 Recording No: as instrument No. 82-235811 Official Records Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: December 01, 1995 Recording No: as Instrument No. 19960631198 of Official Records 9. The Land described herein Is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Redevelopment Plans for the Central City, Inter -City, Commuter Station, North Harbor, South Harbor, South Main, and Bristol Corridor Redevelopment Projects Recording Date: October 20, 2004 Recording No: 2004000948360 of Official Records 19. A Notice Entitled: Project Owner's Certification Recording Date: August 12, 2020 Recording No: 2020000403626, Official Records 24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company Purpose: public utilities Recording Date: May 10, 2021 Recording No: 2021000307873, Official Records Affects: a portion of the land described herein City Council 22 —19 12/7/2021