HomeMy WebLinkAboutItem 43 - Real Property Acquisition for Bristol Street and Memory Lane Intersection ImprovementsPublic Works Agency
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Item # 43
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Real Property Acquisition for Bristol Street and Memory Lane Intersection
Improvements
AGENDA TITLE
Authorize a Purchase Agreement in the Amount of $190,000 for Partial Real Property
Acquisition for Bristol Street and Memory Lane Intersection Improvements (Property
Owner: Bhaktinandan, LLC.) (Project No. 17-6883) (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with property owner
Bhaktinandan, LLC., for the partial property acquisition of the real property located at
2702 N. Bristol Street (APN 002-261-06) in the amount of $190,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Bristol Street is classified as a north -south major arterial in the City's General Plan
Circulation Element and the Orange County Master Plan of Arterial Highways. Improving
the 3.9-mile Bristol Street segment from Warner Avenue to Memory Lane has been a
long-term priority project that is being constructed in several phases.
Currently, the segments to the south and north of the Bristol Street/Memory Lane
intersection have three lanes in each direction, except for the southbound lanes
approaching Memory Lane where there are only two southbound lanes. The partial
acquisition is needed to allow for that portion of the right-of-way to be widened from 100
feet to 111 feet. This acquisition is the last of the three partial acquisition needed to widen
the northwest corner of Bristol Street and Memory Lane intersection (Exhibit 1). The
project will also include a new curb/gutter, sidewalk, driveway approaches, and both
public and private utilities. Construction is anticipated to start in the beginning of 2023.
A good faith offer was made on December 20, 2021, in the amount of $135,000 and a
resolution of necessity was approved on February 1, 2022. The Public Works Agency
has now reached a settlement in the amount of $190,000 with the property owner (Exhibit
2).
Real Property Purchase Agreement — Bristol/Memory Lane
June 21, 2022
Page 2
ENVIRONMENTAL IMPACT
In 1990, City Council approved the Bristol Street Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor
design modifications at the intersection of Bristol Street and Memory Lane, an Addendum
to the FEIS/EIR was prepared and adopted pursuant to the California Environmental
Quality Act by City Council on December 5, 2017.
FISCAL IMPACT
Funds in the amount of $190,000 are budgeted and available in the Bristol Street and
Memory Lane Intersection Improvements Project (No. 17-6883) for property acquisition
expenditures in FY 2021-22 as follows:
Fiscal
Accounting
Accounting Unit,
Year
Unit —Account
Fund Description
Account No.
Amount
No.
Description
2021-
03217663-
Measure M-
Measure M2
22
66100
Street Construction
Competitive Street,
$142,500
17-6883
Land
2021-
03517660-
New Transportation
New Transportation
22
66100
System
System Improvements
$47,500
(17-6883)
Improvement Area F
Area F, Land
TOTAL
$190,000
EXHIBIT(S)
1. Location Map
2. Purchase Agreement — APN 002-261-06
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
Exhibit 1
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2702 N BRISTOL ST
(APN 002-261-06)
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f�---, MEMORY
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PARK LN
K?S?4w - SUBJECT PROPERTY
0 - PARTIAL ACQUISITION COMPLETED
SANTAANA Project No. 17-6883.
PW1 BRISTOL STREET AND MEMORY LANE
INTERSECTION IMPROVEMENT
PUBLIC WORKS AGENCY 2702 N BRISTOL
EXHIBIT 2
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on
2 0 2 2, 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
Bhaktinandan 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 EXHIBIT "A" and "A-1 "— Legal Description
and Exhibit "B" and "B-1" — Plat Map
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 2702 North Bristol Street, Santa Ana, CA)
(APN# 002-261-06)
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:
Conveyance by Seller.
A. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of Fidelity
National Title Company, 4400 Mac Arthur Blvd. Suite 200, 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 Temporary Construction Easement in, on, over and above
the portion of the property described on the attached Exhibit "A-V and depicted on the
attached Exhibit "B-1" and incorporated herein by this 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.
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 ONE HUNDRED NINETY THOUSAND and no/100
Dollars ($190,000) 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 Fidelity National Title Insurance Company,
4400 Mac Arthur Blvd., Suite 200, 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 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
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 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 Said Real Property, temporary construction easement, fixtures &
equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total
sum of ONE HUNDRED NINETY THOUSAND and no/100 Dollars ($190,000). 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 Real Property, which shall be made free by
Seller of all personal property.
8. Rental and Occupancy By Seller.
Section deleted intentionally.
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.
13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, 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"); precondemnation
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
1245.245; 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 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 9019 Sorbonne Way, Buena Park CA, 90620.
15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE.
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. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of
any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or
about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous
Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.
The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes
regulated by any local governmental authority, the State of California, or the United States Government,
including, but not limited to, any material or substance which is (i) defined as a "hazardous waste",
"extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7,
or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous
waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"
under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii)
listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous
substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a
"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
S9601 et seg. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, all applicable
federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and
other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,
and the rules, regulations, and ordinances of the city within which the subject property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the State Water
Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and
local agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage,
or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
(i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on,
under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation,
or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating
to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on,
under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage,
liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or
proceeding for personal injury (including sickness, disease, or death, tangible or intangible property
damage, compensation for lost wages, business income, profits or other economic loss, damage to the
natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other
adverse effect on the environment). This indemnity extends only to liability created prior to or up to the
date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this
escrow.
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.
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.
None
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.
IN WITNESS WHEREOF, the PaMes hereto have executed this Purchase and Sale Agreement on the
date and year first written above.
SELLER: Bhaktinnandan LLC.
Date: DVS$
Mahesh Patel. Member
DaW
City/Buyer
City of Santa Aria
Date..
Kristine Ridge -
City Manager
ATTEST:
Date
Daisy Gomez
city Clerk
APPROVED AS TO FORM:
Date -
Jahn M_ Funk
Sr. Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Date.
Nabil Saba, PE, PLS
Executive Director
Public Works Agency
EXHIBIT "A" (PART TAKE FEE)
LEGAL DESCRIPTION
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City
of Santa Ana, County of Orange, State of California, as shown on a map
filed in Book 4, Page 624 of Miscellaneous Records, in the office of
the County Recorder of the County of Los Angeles, California, and
more particularly shown on Record of Survey filed in Book 64, Page 46
of Records of Survey, in the office of the County Recorder of said Orange
County, described as follows:
Beginning at the Easterly terminus of that certain course in the Northerly
Right -of -Way line of Memory Lane, shown as having a bearing and
distance of "N 89°57'30" W 70.12"' on said Record of Survey; thence
along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet;
thence leaving said Northerly Right -of -Way line North 45°57'17" East
37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline
of Bristol Street as shown on said Record of Survey; thence along said
parallel line North 01 °09'50" East 108.17 feet to a point on a line being
parallel with and 185.00 feet Northerly of the Centerline of Memory Lane
as shown on said Record of Survey; thence along said parallel line South
88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol
Street as shown on said Record of Survey; thence along said Westerly
Right -of -Way line, the following two (2) courses: South 01 °09'50" West
115.00 feet and South 46°03'35" West 28.34 feet to the point of
beginning.
Containing an area of 1,645 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.
EXHIBIT "B" (PART TAKE FEE)
PLAT MAP
EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT)
LEGAL DESCRIPTION
EASEMENT A.P. NO. 002-261-06
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the
City of Santa Ana, County of Orange, State of California, as shown
on a map filed in Book 4, Page 624 of Miscellaneous Records, in
the office of the County Recorder of the County of Los Angeles,
California, and more particularly shown on Record of Survey filed in
Book 64, Page 46 of Records of Survey, in the office of the County
Recorder of said Orange County, being a strip of land 5.00 feet in
width, the Southeasterly and Easterly lines of said strip described as
follows:
Commencing at the Easterly terminus of that certain course in the
Northerly Right -of- Way line of Memory Lane, shown as having a
bearing and distance of "N 89°57'30" W 70.12' " on said Record of
Survey; thence along said Northerly Right -of -Way line North
89°03'28" West 17.74 feet to the TRUE POINT OF BEGINNING;
thence leaving said Northerly Right -of -Way line North 45'57'17" East
37.96 feet to a line parallel with and
61.00 feet Westerly of the centerline of Bristol Street as shown on
said Record of Survey; thence along said parallel line North 01 009'50"
East 108.17 feet to a line being parallel with and 185.00 feet Northerly
of the centerline of Memory Lane as shown on said Record of survey.
The Westerly line of said strip of land to be lengthened or shortened
so as to originate in said Northerly Right -of -Way line of Memory Lane
and to terminate in said line being parallel with and 185.00 feet
Northerly of said centerline of Memory Lane.
Containing an area of 733 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights -of -
way and easements, if any, of record.
EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT)
PLAT MAP
EXHIBIT "C"
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.
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 27383.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
TAXES
X
APPROVED AS TO
FORM BY ATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTEN BY
DESCRIPTION
CHECKED-O.K.
A. P. NUMBER
002-261-06
R/W MAP
NUMBER
PROJECT
NUMBER
2702 N Bristol Street, Santa Ana, CA 92703
DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Bhaktinandan LLC
Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized
under the Constitution and laws of the State of California, for public roadway purposes, all that real
property in the City of Santa Ana, Orange County, State of California, located at 2702 N Bristol Street,
Santa Ana, CA 92703, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated
Mahesh Patel, Member
EXHIBIT "A"
Legal Description
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City
of Santa Ana, County of Orange, State of California, as shown on a map
filed in Book 4, Page 624 of Miscellaneous Records, in the office of
the County Recorder of the County of Los Angeles, California, and
more particularly shown on Record of Survey filed in Book 64, Page 46
of Records of Survey, in the office of the County Recorder of said Orange
County, described as follows:
Beginning at the Easterly terminus of that certain course in the Northerly
Right -of -Way line of Memory Lane, shown as having a bearing and
distance of "N 89°57'30" W 70.12"' on said Record of Survey; thence
along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet;
thence leaving said Northerly Right -of -Way line North 45°57'17" East
37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline
of Bristol Street as shown on said Record of Survey; thence along said
parallel line North 01 °09'50" East 108.17 feet to a point on a line being
parallel with and 185.00 feet Northerly of the Centerline of Memory Lane
as shown on said Record of Survey; thence along said parallel line South
88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol
Street as shown on said Record of Survey; thence along said Westerly
Right -of -Way line, the following two (2) courses: South 01 °09'50" West
115.00 feet and South 46003'35" West 28.34 feet to the point of
beginning.
Containing an area of 1,645 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.
J. L NHERR, PLS 9305
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NO. 9305
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ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California )
ss
County of )
On before
Notary Public
(Name of Notary)
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.
(Notary Signature)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Grant of a Temporary Construction
Easement dated from Warner Industrial, LLC, a California Limited
Liability Company ("GRANTOR") to the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized under the Constitution and laws of the State of California
("GRANTEE"), is hereby accepted by the undersigned officer or agent on behalf of the City Council
pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City of Council on June 01, 1998, in compliance with California
Government Code Section 27281, and the GRANTEE consents to recordation thereof by its duly
authorized officer.
Date
For the City of Santa Ana:
Kristine Ridge
City Manager
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California )
ss
County of )
On before me, , Notary Public
(Name of Notary)
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.
(Notary Signature)
IN UVITNESS VVHERE0F, the Parties hereto have executed axis Purchase and Sale Agreement on the
date and year first written above.
SELLER: Bftaktinnandan LLB.
Date: ,
Mahesh Patel. Member
Date..
City/Buyer
City of Santa Arta
Date:
Kristine Ridge
City Manager
ATTEST -
Date:
Daisy Gomez
City Clerk
APPROVED AS TO FORM:
Date:
Mahn M_ Funk
Sr. Assistant City Attorney
RECOMMENDED FOR APPROVAL,
Date:
Nabil Saba, PE. PL
Executive Director
Public Works Agency
EXHIBIT "A" (PART TAKE FEE)
LEGAL DESCRIPTION
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City
of Santa Ana, County of Orange, State of California, as shown on a map
filed in Book 4, Page 624 of Miscellaneous Records, in the office of
the County Recorder of the County of Los Angeles, California, and
more particularly shown on Record of Survey filed in Book 64, Page 46
of Records of Survey, in the office of the County Recorder of said Orange
County, described as follows:
Beginning at the Easterly terminus of that certain course in the Northerly
Right -of -Way line of Memory Lane, shown as having a bearing and
distance of "N 89°57'30" W 70.12"' on said Record of Survey; thence
along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet;
thence leaving said Northerly Right -of -Way line North 45°57'17" East
37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline
of Bristol Street as shown on said Record of Survey; thence along said
parallel line North 01 °09'50" East 108.17 feet to a point on a line being
parallel with and 185.00 feet Northerly of the Centerline of Memory Lane
as shown on said Record of Survey; thence along said parallel line South
88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol
Street as shown on said Record of Survey; thence along said Westerly
Right -of -Way line, the following two (2) courses: South 01 °09'50" West
115.00 feet and South 46°03'35" West 28.34 feet to the point of
beginning.
Containing an area of 1,645 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.
EXHIBIT "B" (PART TAKE FEE)
PLAT MAP
EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT)
LEGAL DESCRIPTION
EASEMENT A.P. NO. 002-261-06
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the
City of Santa Ana, County of Orange, State of California, as shown
on a map filed in Book 4, Page 624 of Miscellaneous Records, in
the office of the County Recorder of the County of Los Angeles,
California, and more particularly shown on Record of Survey filed in
Book 64, Page 46 of Records of Survey, in the office of the County
Recorder of said Orange County, being a strip of land 5.00 feet in
width, the Southeasterly and Easterly lines of said strip described as
follows:
Commencing at the Easterly terminus of that certain course in the
Northerly Right -of- Way line of Memory Lane, shown as having a
bearing and distance of "N 89°57'30" W 70.12' " on said Record of
Survey; thence along said Northerly Right -of -Way line North
89°03'28" West 17.74 feet to the TRUE POINT OF BEGINNING;
thence leaving said Northerly Right -of -Way line North 45'57'17" East
37.96 feet to a line parallel with and
61.00 feet Westerly of the centerline of Bristol Street as shown on
said Record of Survey; thence along said parallel line North 01 009'50"
East 108.17 feet to a line being parallel with and 185.00 feet Northerly
of the centerline of Memory Lane as shown on said Record of survey.
The Westerly line of said strip of land to be lengthened or shortened
so as to originate in said Northerly Right -of -Way line of Memory Lane
and to terminate in said line being parallel with and 185.00 feet
Northerly of said centerline of Memory Lane.
Containing an area of 733 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights -of -
way and easements, if any, of record.
EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT)
PLAT MAP
EXHIBIT "C"
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.
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
TAXES
X
APPROVED AS TO
FORM BY ATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTEN BY
DESCRIPTION
CHECKED-O.K.
A. P. NUMBER
002-261-06
R/W MAP
NUMBER
PROJECT
NUMBER
2702 N Bristol Street, Santa Ana, CA 92703
DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Bhaktinandan LLC
Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized
under the Constitution and laws of the State of California, for public roadway purposes, all that real
property in the City of Santa Ana, Orange County, State of California, located at 2702 N Bristol Street,
Santa Ana, CA 92703, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated
EXHIBIT "A"
Mike Patel
Legal Description
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City
of Santa Ana, County of Orange, State of California, as shown on a map
filed in Book 4, Page 624 of Miscellaneous Records, in the office of
the County Recorder of the County of Los Angeles, California, and
more particularly shown on Record of Survey filed in Book 64, Page 46
of Records of Survey, in the office of the County Recorder of said Orange
County, described as follows:
Beginning at the Easterly terminus of that certain course in the Northerly
Right -of -Way line of Memory Lane, shown as having a bearing and
distance of "N 89°57'30" W 70.12"' on said Record of Survey; thence
along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet;
thence leaving said Northerly Right -of -Way line North 45°57'17" East
37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline
of Bristol Street as shown on said Record of Survey; thence along said
parallel line North 01 °09'50" East 108.17 feet to a point on a line being
parallel with and 185.00 feet Northerly of the Centerline of Memory Lane
as shown on said Record of Survey; thence along said parallel line South
88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol
Street as shown on said Record of Survey; thence along said Westerly
Right -of -Way line, the following two (2) courses: South 01 °09'50" West
115.00 feet and South 46°03'35" West 28.34 feet to the point of
beginning.
Containing an area of 1,645 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.
1 L NHERR, PLS 9305
h�0
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F
A
70
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NO. 9305
s
\�F OF CAI�Fd��I
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California )
ss
County of )
On before me, , Notary Public
(Name of Notary)
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.
(Notary Signature)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Grant of a Temporary Construction
Easement dated from Warner Industrial, LLC, a California Limited
Liability Company ("GRANTOR") to the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized under the Constitution and laws of the State of California
("GRANTEE"), is hereby accepted by the undersigned officer or agent on behalf of the City Council
pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City of Council on June 01, 1998, in compliance with California
Government Code Section 27281, and the GRANTEE consents to recordation thereof by its duly
authorized officer.
Date
For the City of Santa Ana:
Kristine Ridge
City Manager
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California )
ss
County of )
On before me, , Notary Public
(Name of Notary)
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.
(Notary Signature)