HomeMy WebLinkAboutCA DEPT TRANSPORTATION 11 - 2003
A-2003-050
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STA.TE OF CA.LIFORNIA.
DEPARTMENT OFTRA.NSPORTA.TlON
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD-073897-01-01
In this Agreement dated I ~ I i J'O '/ , by and between the City Of Santa Ana, a charter
city and mooicipal corporation, duly organized under the constitution and law of the State of California,
hereinafter known as "Buyer" and State Of California, Department Of Transportation, hereinafter known
as "Seller", the parties agree as follows:
Buyer hereby agrees to purchase and Seller hereby agrees to sell that vacant and unimproved real property
located in the City of Santa Ana, County of Orange, California, and legally described on Director's Deed No.
DD 073897-01-01 (hereinafter referred to as the "property"), for the sum of Forty Six Thousand Five
Hundred Seventy Dollars ($46,570.00).
Subiect to the following conditions:
I
The Buyer intends to purchase the property without TEA-SHOPP fund, but with City food, and agrees to pay
in full the purchase price of Forty Six Thousand, Five Hundred Seventy Dollars ($46,570.00) within thirty
days after the final execution of the contribution agreement. All payments shall be made to State of
California, Department of Transportation, and mailed to the State of California, Department of
Transportation, Southern Right of Way Region, Excess Land Sales, 21073 Pathfinder Road, Suite 100,
Diamond Bar, CA 91765.
II
All sales made subject to the approval of the California Transportation Commission, (CTC) or its designee.
In the event that the California Transportation Commission or its designee fails to approve this sale, all
monies heretofore paid by the Buyer will be refunded without interest.
III
The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in paragraph
IV below. Buyer, at its option, may open an escrow at its own expense. The Seller will pay no escrow fees.
IV
The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees
chargeable by the County Recorder. At a later date, the Seller will request that these fees are forwarded, and
Buyer shall submit to the seller upon demand.
V
The Buyer expressly understands that the right, title and interest in the property to be conveyed shall not
exceed that vested in the State of California and that the Seller will furnish no policy of title insurance. If a
policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense.
VI
The property is being sold "as is" and is being conveyed subject to any special assessments, restrictions,
reservations or easements of record and subject to any reservations contained in the Director's Deed. Buyer
may examine any information the Seller has relative to these matters.
VII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure
the performance hereof, each party shall bear its own attorney's fees.
The Buyer agrees that the title of the property being conveyed shall not pass until the Director's Deed has
been recorded. The Buyer shall not take possession of the property until the director's Deed is recorded.
Page] of2
,
STATE OF CALlf'ORNIA
DEPARTMENT OFTR/lNSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - 00-073897-01-01
VIII
Buyer shall defend, indemniJY, and hold seller and seller's elected and appointed officers, agents and
em~ees free and harmless from and against any and all liabilities, damages, claims, costs and expenses
(including without limitation, attorney's fees, legal expenses and consultant's fees, and investigation and
remediation costs) arising in whole or in part from the existence of hazardous substance, or hazardous
substance conditions. This indemnity is intended to address that liability for which seller may be responsible
arising solely out of its mere ownership of said real property. This provision shall survive transfer of title of
the said real property and any rescission of the said transfer.
"Hazardous Substance" shall mean any substance whose nature and/or quantity of existence, use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the comprehensive
Environmental Response Compensation and liability Act or Resource Conservation and Recovery Acts as
now in effect.
Hazardous Substance Condition shall mean the existence on or under, said property of a hazardous substance
that requires remediation and/or removal and/or to be otherwise mitigated pursuant to applicable law.
The terms and conditions of the above agreement are hereby accepted, subject to the approval of the
California Transportation Commission.
BUYER: CITY OF SANTA ANA, a Charter City and Municipal Corporation, duly organized under the
constItution and law of the State ofCalifornJa
'..4Z;L-
David N. Ream, City Manager
/ '( . I (; It! 'I
Date' '
~
10~~y
Date
APM~t t\fT:L:J-
Joseph W. Fletchdr, City Attorney
I) - I ~ oY
Date
SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
~ h1 {)()q
Geri Moore, Chief
Excess Land Sales
Southern R!W Region
/~ q /0 Y
Date
Page 2 of2
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I I I I I STATE RETr,!NS ACCESS RIGHTS f~N.~ -
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STATE OF CALIFORNIA--DEPARTMENT
PLAT ACCOMPANY[NG
DIRECTOR'S DEED
OF
TRANSPORT A TION- -DISTRICT
12
00073897-01-01
NO SCALE
ORWN: CWS CHKO:
DATE:0'l/30/02
rev: 03/23/03
CWS
REF.
MAP:
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
Department of Transportation
District 12
3337 Michelson Drive Suite 380
Irvine, CA 92612-8894
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
111111111111111111111111111111111111111111 11111111111111111111 ~I!IIIIIIIII NO FE E
2005000321394 12:08pm 04/27/05
111200010 5
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
ATTN: R/W Excess Lands
Map No: F-1983.3A(03/24/2003)
RWPE: C Smythe
Written: CS Check: OF
Space above ttlis line for Recorder's Use
MAR.; 2005' ~ '05
District Countv Route Post Number
Orange 5 31.2 DD073897 -01-01
12
DIRECTOR'S DEED
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to
CITY OF SANTA ANA a Charter City and a Municipal Corporation
all that real property in the Citvof Santa Ana
County of Oranqe
, State of California, described as:
Parcel No. DD073897-01-01
That portion of Lot 41 of Tract No. 1790 in the City of Santa Ana, County of Orange, State of California, as
per a map filed in Book 60, Page 9 of Miscellaneous Maps in the office of the County Recorder of said
county, lying southwesterly of the California State Department of Transportation Right of Way Line,
described in part as follows:
California State Department of Transportation
Right of Wav Line
Beginning at a point or. the center line of Sixth Street (60.00 feet wide), distant thereon South 89043'07"
East, 280.14 feet from the intersection of said center line with the center line of Patricia Lane (53.00 feet
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MAIL TAX
STATEMENTS TO:
CITY OF SANTA ANA
888 W. Santa Ana Blvd, FI2
Santa Ana CA 92701-4561
Page 1 of 4
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wide), as shown on said map, said point of intersection being on a non-tangent curve, concave southwesterly
and having a radius of 3717,81 feet (a radial line through said point of intersection bears North 51052'30"
East); thence along said curve and said Right of Way Line the following six (6) courses:
I), northwesterly along said curve through a central angle of 05030'23" an arc distance of 357.30 feet; thence
non-tangent to said curve
2), North 44045'36" West, 29,22 feet; thence
3), North 46006'21" West, 251.61 feet; thence
4), North 50003'42" West, 193,84 feet; thence
5), North 54026'55" West, 145,35 feet; thence
6), North 56028'23" West, 5.09 feet to a point of intersection with the center line of Eastside Avenue (80,00
feet wide), distant thereon North 00030'07" East, 256.38 feet along said center line of Eastside Avenue from
its intersection with the center line of said Patricia Lane as shown on said map.
There shall be no abutter's rights of access appurtenant to the above-described real property in and to the
adjacent state freeway,
Attached hereto and made a part thereof is a map entitled Exhibit "A". This map is for informational
purposes only and is subordinate in all respects to the above legal description.
This real property description has been prepared by me in conformance with the Professional Land Surveyors
Act.
, ) ~
Signature: L!-lltt,_
Colin W. Smythe, P,L.
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Date: -
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Page 2 of 4
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PER STATE HIGHWAY RElINOUlSHMENl
NO.OOSOO2-R RECOROEO
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note
Number
DD-073897-01-01
Subject to special assessments if any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
;. 'Il WITNES:'JlJhand and the seal of the Department of Transportation of the State of California, this
t'7 day of ~ 2005.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
APPROVED AS TO FORM AND PROCEDURE
~So1:~
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
1}t11-e~-)rJ Wi(
GERALDINE F. MOORE
Attorney in Fact
STATE OF CALIFORNIA
} 55
/l/IJ~{!1f
PERSONAL ACKNOWLEDGMENT
2005, before me0/;/1f;4-~A!fjtltl//ld, j/;77f,<y ~L/~
Name, Title of Officer-E.G., "dane Doe, Notary Public"
&&4/1Ll) $e r: /!l(J(/ R E-
County of Los Angeles
On this the /~ ~y of
personally appeared
~erSOnallY known to me
J proved to me on the basis of satisfactory evidence
Name of Signer
to be the person whose name is subscribed to the within instrument and acknowledged to me that _ he/she executed the same in _
his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
~ SAMANTHAPENNAlA
Commission # 1312925
~ ~ Notary Public - California ~
J' Orange County -
l~,';,i;i""'JUI12,2005
~;41;~~.' d~--rf(
/' (Notary Public's signature in and for said County and State)
(for notary seal or stamp)
THIS IS TO CERTiFY that the California Transportation
Commission has authorized the Director of Transportation
to execute the foregoing deed at its meeting regularly called
and held on the 3rd day of March 2005, in the City of
Sacramento.
Dated this 7th day of March 2005.
t2tAAO (I ~hl
DiANE C. EIDAM, Executive Director
CALIFORNIA TRANSPORTATION COMMISSION
Form RW 6-1(5) (Revised 4/96)
Page 4 of 4
,
, . .
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Number
DD-073897-01-01
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Director's Deed, No. DD-073897-01-01,
dated March 24, 2003 from the State of California, acting by and through its Director of
Transportation, to the City of Santa Ana, a charter city and municipal cOl'poration duly organized
under the Constitution and laws of the Slate of California, is hereby acknowledged 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 Council on June, 1998, in
compliance with California Government Code Section 2728 and the grantee consents to recordation by its
duly authorized officer.
_4/ {, / t 5
-~-
For the Clly.ofSanta i\na
( i /~.. /J
,/. /)/ /'./
I> /,t,.4_/ v.u-t~". ,"--
CITY MANAGER
DAVID N, REAM
STATE OF CALIFORNIA
} ss
PERSONAL ACKNOWLEDGMENT
County of Orange
On this the 4> IV} day of /I1J r I /
2005, before me,
1((()5110, fjiJl{tU1. Nthi.ry Pabliu
Nam(:, Title of Officer-E.G., "Jane Doe, Notary Public"
personally appeared
Jpersonally known to me
D proved to me on the basis of satisfactory evidence
0a. vie{ lJ, If (' a/11
Name of Signer
to be ~he person \~hose name i.s subscrib~d to the within instrument and ack.nowkdged to me that ~g9)shc executed the
same In ~~bfuer authonzed capaCIty, and that by (liJlher SIgnature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
jlot{/~
~ ROSA S. BARELA
~ Commission # 1303103
~....,: . Notary PUbl.IC . California ~
~ Orange County f
_ __ _ _My:O:lri1 :x~re:"Ma:30..:.2~
(for notary seal or ,tamp)
WITNESS my hand and official seal.
(Nutary Puh]ic'~ signature in and for said Cuunty and State