HomeMy WebLinkAbout1981-093 CRA
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RECORDING REQUESTED BY:
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8/11/81
BK 1 4 1 87 PG 1 0 1 8
24659
RECOIIOED III OfFICIAl. RECORDS
Of OWIGE COUMY. CAUFORIIIA
The Community Redevelopment Agency
of the City of Santa Ana
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AUG19'81
WHEN RECORDED, MAIL TO:
Community Redevelopment Agency
of the City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701 I EX~~ I
RESOLUTION NO. 81-93
lEE A. BWICtI, Couty Recorder
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA TERMINATING
THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND SANTA ANA OFFICE PLAZA
WHEREAS, the Community Redevelopment Agency of the
City of Santa Ana entered into a Disposition and Development
Agreement, dated December 17,1979, with Ross and Fifth
Development Company, which Agreement was recorded in Book
13481, Page 181, of the Official Records of Orange County;
and
WHEREAS, the said Agreement was amended by an
Amendment, dated September 10,1980, recorded in Book 13753,
Page 853, of the Official Records of Orange County, and
again amended and assigned by an Amendment and Assignment of
Disposition and Development Agreement, dated February 2,1981,
recorded in Book 13965, Page 1263, of the Official Records
of Orange County; and
WHEREAS, by the abovesaid assignment, Santa Ana
Office Plaza, a joint venture composed of Ross and Fifth
Development Company and Anaheim Savings and Loan
Association, obtained all the rights and incurred all the
obligations of Ross and Fifth Development Company under the
said Agreement; and
WHEREAS, the said Agreement, as thus amended and
assigned, pertains to the disposition and development of
certain real property, generally located on the east side of
Ross Street, between Fourth and Fifth streets, in the City
of Santa Ana, and more specifically described in Exhibit A,
attached hereto and incorporated by reference, hereinafter
referred to as the "subject property;. and
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STATE OF CALIFORNIA) SS
COUNTY OF ORANGE) BK 1 4 1 87 PO 1 020
On ~/( 1 'tf-1 ' before me, a Notary Public in and for
said State I pe sonally. \appeared ~ OYL IJeNJ AS Æ-LCt<C.e'7ù and
~~ .:> uS 4W S QoIV , nown to me to be the Chairman
an the Executive Director and Recording Secretary I respectively,
of the Community Redevelopment Aqency of the City of Santa Ana,
California, a public bodYI corporate and politic I of the State
of California I and known to me to be the persons who executed
the within instrument on behalf of said agency I and acknowledged
to me that they executed the same.
WITNESS my hand and official seal.
Sign.t=e~ ,~
Nam~tiped o~ ~:1n~ed)
OFFICIAL SEAL
ROY M. INGAllS
NOTAR'f PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expIres ¡UN 22, 1982
Civil Code Sec. 1191
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BK 1 4 1 87 PG 1 0 19
RESOLUTION NO. 81-93
PAGE TWO
WHEREAS, Santa Ana Office Plaza has failed to
perform its obligations as required to acquire the subject
pr'operty from the Agency pursuant to the tetms of the said
Disposition and Development Agreement, and is thereby in
default under said Agreement, and has failed to cure said
default following notice thereof by the Agency;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS:
1. That the abovesaid Disposition and
Development Agreement is hereby terminated, and each party
thereto is released from any obligation of further
performance thereunder.
2. That the Community Redevelopment Agency of the
City of Santa Ana holds title to the subject property, as
hereinabove described, free and clear of all claims, rights,
and obligations arising, or alleged to arise, out of, or by
reason of, the said Disposition and Development Agreement.
3. That nothing herein shall be construed to be
a waiver by the Agency of any claim or right to money or
damages accruing to the Agency by reason of any breach of
the said Disposition and Development Agreement by Santa Ana
Office Plaza.
ADOPTED this 17th day of Auqust
by the following vote:
,1981,
AYES: MEMBERS:
NOES: MEMBERS:
ABSENT: MEMBERS:
Bricken, Griset, Acosta,
Serrato, Luxembourger, McGuigan
Markel
A~'~
REX SWAN ON
EXECUTIVE DIRECTOR!
RECORDING SECRETARY
None
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GORDON BRICKEN
CHAIRMAN
APPROVED AS TO FORM:
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AGENCY LEGAL COUNSEL
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EXijIDI8
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All that certain land situated' in the State of California, County
of Orange, Ci ty of Santa Ana, described as follows.
All of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19, 2O, 21,
22, 23, 24, 25, 26,.27 and 28 of the 8irch Addition to Santa Ana
as per Map recorded in Book 3, Page 145 of Miscellaneous Records
of Los Angeles County, CaHforn1a. Together with that portion of
8irch Street, 60,00 feet wide, as shown on said Map, as vacate'd
anq described in that c!,rtain Resolution No, 81-9 of the City
Council of the Ci ty of Santa Ana, a certified copy of which was
recorded February 13, 1981 in Book 13949, Page 191 of Official
Records of Orange County, California, bounded Southerly by the
North line of Fourth Street, 80.00 feet wide, and bounded
Northerly by the South line of Fifth Street, 80.00 feet wide.
Also that portion of Lot 18 of said 8irch Addition, described as
follows.
Beginning at a point in the South line of said Lot 18 distant
Easterly thereon and along the South line of said Lot 19, 64
feet 4 inches from the Southwest corner of said Lot 19, said
point being in the center of the West Brick wall of a
building on the property conveyed to J.S. Haywood, et aI, by
Deed recorded in Book 172, Page 384 of Deeds, Records of Los
Angeles COunty; thence North in the center of said Brick wall
and continuation' thereof 100.00 feet to the Northwest corner
of said Lot conveyed to J. S. Haywood, et all thence East 21
feet 8 inches, along a line parallel with and distant
Southerly 25.00 feet, measured at right angles from the North
line of said Lot 18; thence North 25,00 feet to a point in
the North line of said Lot 18; said point being distant
Easterly 86.00 feet from the Northwest corner of said Lot 19:
thence Westerly 36.00 feet, along the North line of said Lot
18 to the Northwest corner of said Lot 18; thence Southerly
along the West line of said Lot 18, 125,00 feet, to the
Southwest corner of said Lot 18 ¡ thence Easterly 14 feet 4
inches along the South line of said Lot 18 to the point of
beginning.
Excepting therefrom those portions of said Lots 5 and 28 of said
Birch Addition lying Westerly of a line parallel with and distant
Easterly 40.00 feet measured at right angles from the centerline
of Ross Street.
Also excepting theref,rom that portion of said Lots 28 and 27 of
said Birch Addition lying wi thin a spandrel shaped area bounded
Southerly by the South line of sa id Lots 28 and 27; bounded
Westerly by a line parallel with and distant Easterly 40,00 feet,
measured at right angles, from the centerline of Ross Street;
bounded Northeasterly by the arc of a curve concave Northeasterly
having a radius of 25,00 feet, being tangent to said Southerly
and Westerly boundaries.
Also excepting therefrom those portions of said Lots 5 and 6 of
said Birch Addition lying within a spandrel shaped area bounded
Northerly by the North line of said Lot 5 and 6; bounded Westerly
by a line parallel with and distant Easterly 40,00 feet, measured
at right angles, from the centerline of Ross Street: bounded
Southeasterly by the arc of a curve concave Southeasterly having
a radius of 68,94 feet, being tangent to said Ilortherly and
Westerly boundaries.
Subject to an easement for ingress and egress over the Easterly
6.00 feet of said Lot 15 of said Birch Addition, as conveyed to
Broadway Improvement Association, a Corporation, by Deed recorded
July 28, 1954 in Book 2780, page 161 of Official Records of
Orange County.
Al so subject to an easement for ingress and egress over the
Easterly 10.00 feet of said Lot 15 of said Birch Addition as
conveyed to'Velma L, Freeman and Hollis J. wilcox, recorded March
30, 1981 in Book 14000, page 527 of Official Records of Orange
County, Cali fornia.
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