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HomeMy WebLinkAbout75A - PUB HRG SALE OF CITY SURPLUSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: PUBLIC HEARING - SALE OF CITY SURPLUS PROPERTY ON BROADWAY NEAR I-5 BROADWAY OFF RAMP / `~ CITY MAN,Q~GER L RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreements to sell four surplus remnant parcels for $100 each with: Nadine Rodriguez, 2325 N. Riverside Dr. Philip & Camela Woodward, 2333 N. Riverside Dr. Anthony & Rebecca Horan, 2329 N. Riverside Dr. James Cripps, 2341 Riverside Dr. A two-thirds vote of the City Council is required. DISCUSSION In 1982, the California Department of Transportation (Caltrans) completed the Broadway Bridge over the Santa Ana Freeway. As part of this Project, the City and Caltrans entered into a Cooperative Agreement, whereby the excess property would be transferred to the City for their disposal. On May 8, 2007, Caltrans transferred four small surplus remnant parcels on Broadway, adjacent to the southbound I-5 off ramp to the City for its disposal. City has been in negotiations with the adjacent property owners to the west and al l of them have agreed to acquire the remainder parcels, with the intent of combining this land with their existing residential property. Each buyer has agreed to purchase the small remnant parcels for $100 (Exhibit 1). The sale price is based on the fact that these parcels have no value to the City, have no road access and have significant use restrictions. 75A-1 Public Hearing - Sale of Surplus Property January 7, 2008 Page 2 The sale is in accordance with Section 2-709 of the Municipal Code which provides for a direct sale without the necessity for competitive bidding with a two-thirds vote of approval by the City Council. Staff recommends the sale of the property. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The $400 land sale proceeds will be received into the General Fund into the Sale of Property Account (account no. 11-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Francisco utierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 75A-2 ' ~ ~ ^ -CITY SU RPLUS PROPERTY ~ ~~ ~ ~~' ~ .~ ~- ~a ``' ` ` - ~ 2345 RIVERSIDE DRNE $`~ APN 002-131-53 - ~~~~ ' ` • i ~ t n ~~ ~--`_~ J ~ ~ N i ° `~ 3a'30G i~~'' ~ j ~ N ~ esJr+ow ~°' i`~~ m N ~ ~ 1 rn6 992' ', `~ y t~ ~ N ~ r. 'i ~ ~ g ~ 1 A , , w r- ~ ~ z i ~ ~.ri ` , Z ~, 2341 RIVERSIDE DRIVE ~~ ~~~', i ~ ~ APN 002-131-11 s' ~\~~ ~ ~~ '~ . ~i Jl 1 ~~ $ N --~_ 1 ~ - , -r , ' v ---"_^ 1 {1~~ T} 12~ PL B i 1 i 75, SRSi05'3L'f . . ~°D2' I l ~ ~ ,vaoze'2se h ----r-•- - -~ -- --•- - •----~~, -•------- r2wr a82"~sP'05E 2S• NACAT EDJ ~~ I _ ~ I 51rg~g~ A63A' rn i - 6319' ~ -=L--_,_ I 2333 RIVERSIDE DRIVE I I I APN 002-131-26 I I I ~ p I li.l I I a I -_ I I I n I~ ~ I I I I I c I 2329 RIVERSIDE DRNE I ~ 69.9." -• I APN OD2-131-27 w ~ ~ ~ I z i ~ j ~ . I I t~ Q I I I I ~ I I ~ 2325 RIVERSIDE DRIVE ~ I I APN 002-131-26 ~ 1 ~ I I ~ I ~ I ~ it I ! . _-.- I - s528' ~ I I ...... __ __.__.. -------_......~._ .~.__~._. j NBBQSJ6w 7pss' - ~ i I _ SANTA ANA CITY COUNCIL PV AN~UARY DA ~ NALIC ~OPKS ACiMT FXHIRIT 1 PUBLIC HEARING - SALE OF CITY SURPLUS PROPERTY ON BROADWAY NEAR I-5 BROADWAY OFF RAMP ~: 75A-3 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO NADINE RODRIGUEZ THIS AGREEMENT, entered into this _ day of 200_, by and between Nadine Rodriguez, an individual (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth; City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase 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. Conve ance bey. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a) it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer 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. 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 City before conveyance of said real property to Buyer. 7 5A-4 4 P_ ayment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Quit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party 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. 9. Heirs, Assi s, Etc. This Agreement, 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. 10. 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. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorized agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of making necessary inspections. 12. Notices. The mailing address of the City 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 Buyer is: Nadine Rodriguez 2325 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer sha111ay 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 Buyer. 2 75A-5 14. Expiration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Continency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement 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. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. 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 Agreement, without cost. 3 75A-6 24. Applicability of Agreement To Assienees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 25. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Bez City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager NADINE RODRIGUEZ By: Nadine Rodriguez 4 75A-7 EXHIBITA LEGAL DESCRIPTION FOR CITY OF SANTA ANA TITLE CONVEYANCE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being a portion of Parcel 57 of Tract Map No. 425 recorded in Book 16, Pages 33, and 34 of Miscellaneous Maps, Records of Orange County described as follows: That portion lying westerly of the line described in the State of California Department of Transportation Director's Deed No. DD069679-01-01 recorded as Instrument No. 2007000297829 of Official Records of said Orange County, said line having the following described courses: "Southerly continuing along said curve through a central angle of 8° 58' 33", an arc distance of 98.70 feet, to the intersection of said curve with a line parallel with and distant Westerly 69.41 feet, measured at right angles, from the center line of Broadway, 80 feet wide, as shown on a map filed in Book 7, Page 21 of Parcel Maps in the office of said County Recorder; thence along said parallel line South 1 ° 54' 58" West, 107.13 feet to the Northeast corner of State Parcel No. DD069683-01-01 recorded December 27, 1988, as Instrument No. 88-673599 of said Official Records". Exhibit "B" attached hereto for reference only. Prepared under the supervision of: LEE J. MARTIN DATE 75A-8 EXHIBIT B --' ~~ ,- ~ -3 ,, ' \ ~ ~~~~ o r ~ ~o \ '~ ^~ a K ~2 \ NWGT COR. ,,~y .~'I~ \ PCL 6%76' ~ 1 ~ \b ~~~ ` ~~ a ~~ ~g38'3~ „~-- N6'33~ c? l h'm_\ ~ w 1 ' 1 ~ z \ 41 + ~ u; ~~ ~ \ f~D069676-OhOI w Vim( \~. 1585 SO.F~' ~ \1~1 {VL'Y UN£ ~ \ r ~ ~ ~r'~ RCL 64676 6 ` 1 ~ [ `~ ~ \ i b- ~ ~ `_ _ - ~ ~` ~~ __ ----- ~- saver ~or3.Y~ V`\' 1 \tl~~ ~_ _ 130.Q0' PCL 9676 ~ ~ - 11T8' ~1 C;} S88'05'36"E f55A2' SL'Y UNE PD&.J I ~ t PCL 69676 OOGYi! .--.~.-.- .- ---'--•--•-----• -.- PA N8B'QS`36~Y g . IB8;66' I ~ ~' IVACATED) ~~ FMetir r N I SB8Yl5 J6'E l63J9' 63J9' %-~- -- -rf~r~ ~-r 'j ~J __ -' - _t. (~ y 1 30' O ~7 c nl ~! #0 Y T sa4.29'cJr~ f ;T~s,z~- 69679 (~ ~ I qA~Y• ~ ~ ~ ~~~ Z~ 1 r f J a, L^20.&5' ~" r .' r v m W Q A'~~ Et~AE.N3 ~ 69680 _ ~f~ j ~~ ~ ------r----- ro Dp069679-Ot-Ot ~ ~, w rn 12486 S0. FT • 6968! DATA TABLE Q H22'26'03'W 6A9' 0 N1d52'S9'X 1996' N~8'29'33w 30.40' 4Q N~6'34'2RY ro36' -`J, ~ I ~ ~ ~I 54oM(((~ ~ EASE 69682 I I i-- 3528' --s >~ 69.4r N NORTHE P~ERNNO ~ ppEp69683-01"01 I ~ NB8'05'36'W 7056' STATE RETAINS ACCESS R[GtiTS ~ / ...) J 69.41' I`II ., ~~~~~1 J.~` J ~J 16~~I ~ 1'~`~ C_}t~' G jTu~ t~~E~N~ THAT CERTAIN LNE DESCR18E0. 1-92-5098!5 OR. ~~ °~',, ', ~ 1~ 1 ~goe~3~E 1224' _ fF~~ --~~~,_~ N z v~ , ~! EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6143 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Nadine Rodriguez 2325 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES -AND FOREVER QUITCLAIMS to NADINE RODRIGUEZ, an individual, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: 'DATE: David N. Ream City Manager STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } On , 200_, before me, _ personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved tome on the basis of satisfactory evidence} to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 75A-10 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO ANTHONY AND REBECCA HORAN THIS AGREEMENT, entered into this _ day of , 2008, by and between Anthony and Rebecca Horan, husband and wife (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase 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 b~City. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a} it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. P operty Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer 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. 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 City before conveyance of said real property to Buyer. 1 75A-11 4 Payment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Ouit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party 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. 9. Heirs, Assi s, Etc. This Agreement, 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. 10. 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. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorised agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of making necessary inspections. 12. Notices. The mailing address of the City 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 Buyer is: Anthony and Rebecca Horan 2329 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer 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 Buyer. 2 75A-12 14. Expiration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Contin ency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement 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. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. 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 Agreement, without cost. 3 75A-13 24. Applicability of Agreement To Assi ees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 25. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: B j in I~ finan C i ~ASSlstant City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager ANTHONY AND REBECCA HORAN By: Anthony Horan By: Rebecca Horan 4 75A-14 EXHIBIT A LEGAL DESCRIPTION FOR CITY OF SANTA ANA TITLE CONVEYANCE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being a portion of Parcet 58 of Tract Map No. 425 recorded in Book 16, Pages 33, and 34 of Miscellaneous Maps, Records of Orange County described as follows: That portion lying westerly of the line described in the State of California Department of Transportation Director's Deed No. DD069679-01-01 recorded as Instrument No. 2007000297829 of Official Records of said Orange County, said line having the following described courses: "Southerly continuing along said curve through a central angle of 8° 58' 33", an arc distance of 98.70 feet, to the intersection of said curve with a line parallel with and distant Westerly 69.41 feet, measured at right angles, from the center line of Broadway, 80 feet wide, as shown on a map filed in Book 7, Page 21 of Parcel. Maps in the office of said County Recorder; thence along said parallel line South 1 ° 54' S8" West, 107.13 feet to the Northeast corner of State Parcel No. DD069683-01-01 recorded December 27, 1988, as Instrument No. 88-673599 of said Official Records". Exhibit "B" attached hereto for reference only. Prepared under the supervision of: LEE J. MARTIN DATE 75A-15 EHIgIT B ,- ~~ ,- ,- ~ ,, - ,_- m~W ,- ~\ ~~~~ <~rCJ~ ~i ~ NWL7 COR. Pr:L 6%lfi 1 ~ f ~ .~.- \n r- ~ ~ ~~~ 3~3~E 13pA0'1 ~' i°1s ` ot1~ N533'M7W X11 ~~' X52' z , 4 .1 ~ l ar~~6-o~-or W ]585 SQ•F~' ~ _ ~A wL'r urr€ ~'~ ~ 3~~ -Pct sss7s ~ `~ w ` ro~l~ w 1 l b ~ ~q i - __._r_ ~"- 1 ~ - - PCL9676 ~ ~ ~`~. ~ !2l FD1 1 ~. /Vt~, 588'OS'36'F 155A2' SL7 1N~-. I ' PCL 69676 f ---• ; --- - H660Y3GW ------• ~-Ur -•-788.66' _.~. N! i I z5' IVACATEDI ~~$eit+f,~r r , I t.~''- '~ ssaas'~6•e ~ ls~~s C~ ~ ~ ~. N W. v~ ~= \` F~IN~ fE~E~t~ ~ THAT EERTA/N LINE pESCR18E9. +''~~ ~ /9z-Sa4ars rzx ' ~ w r _ ~ w 1 ~ ~. E 4 1~ ~ ~go~~gE ra2~ --- CftP ~ ~~ ~ ~~~ ~ t ~r . L L t I ti6~ .. -_ .-- . --- _~ _ __ ` ~... el r se4'29'09• 6szs' 1 ~ ~~ ~ `69679 I ~ ~ `~ i ~ ~ 1 I C+ ~~ ggq))) fff r, -~ I _lJ 1 I W. ~ `~ ~ ~ Q . ~..~ _ . I ~ I nl ooj~N~ ' Elp~.N~ A' .. ~ O I ~ Ep ' ~ ~ ~'~~ N b `~ I I ~ it , ( r ` .-- ~ ~~ __- ___ 64.4Y --- I I ~ ~ __ r ~ ~ I ~ DQ069&79-0l-fJ! ~ w _ .____.____.___._.~. ~' _ 72x86 S0. F7 • sss8! I -- I I I i I I - ------f--- - I I ~ I ~}~ ~ ~ wi EASti~~N mI ~ I DATA TABLE Q ezr25o3w 6D9' N1452'S3:Y X9 96• Q 69682 i I NER I ~ COR f~EL N~• I OR7H~ 2 p NraZ9'33w . 3oaa I 3528' p PP Sr D0469(83-fl~-01 I 4Q N/6'34'2/W /035 '-" -"-' -- I NB8.05'36'W lOS6' I I I I i I STATE RETAINS ACCESS RIGHTS a~ ~ 69.4Y -Y-j I~~I . ~ . Jll~ _ ~r~~~ ~ ~ fr I EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6103 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Anthony and Rebecca Horan 2329 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE .CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to ANTHONY .AND REBECCA HORAN, husband and wife, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: David N. Ream City Manager DATE: STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } On , 200_, before me, , personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for o~cia! notary sea!) MAIL TAX STATEMENTS AS DIRECTED ABOVE 75A-17 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO JIM CRIPPS THIS AGREEMENT, entered into this _ day of , 2008, by and between JIM CRIPPS, an individual (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase 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. Conve a~nce by City. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a) it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of.the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. Propert Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer 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. 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 City before conveyance of said real property to Buyer. 1 75A-18 4 Payment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Quit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party 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. 9. Heirs, Assi s, Etc. This Agreement, 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. 10. 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. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorized agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of malting necessary inspections. 12. Notices. The mailing address of the City 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 Buyer is: Jim Cripps 2341 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer 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 Buyer. 2 75A-19 14. ~iration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Contin ency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governing Law.:This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement 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. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. 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 Agreement, without cost. 3 75A-20 24. Applicability of Ap~eement To Assi ees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 25. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney B Y Benjam' Kau an Chief ssistant City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager JIM CRIPPS By: Jim Cripps 4 75A-21 Number EXHIBIT "A„ DD069676-01-01 Parcel No. DD069676-01-01 That portion of State Parcel No. 69676, in the City of Santa Ana, County of Orange, State of California, as described in a Grant Deed Recorded July 08, 1985 as Instrument No. 85-249325 of Official Records, in the office of the County Recorder of said County, lying Southwesterly and Westerly of that certain line described in State Parcel No. 73916-1 as described in a Grant Deed recorded July 28, 1992 as Instrument No. 92-504815 of said Official Records. Reserving unto the State of C'aliforuia, its successors and assigns an easement for footing purposes in, on, over, and across all that portion of State Parcel No. 69676 in the City of Santa Ana, County of Orange, State of California, as described in a Grant Deed Recorded July 08, 1985 as Instrument No. 85-249325 of said Official Records, being a strip of land 4.00 feet wide, the Northeasterly sideline of said strip being the Northeasterly line of hereinabove described parcel No. DD069676-0 1-0 1. The sidelines of said strip shall be extended or shortened so as to meet and terminate Northerly at the North line of said State Parcel No. 69676 and Southerly at the Southerly line of said State Parcet No. 69676. Parcel No. DK069676-2 ALSO Reserving unto the State of California Department of Transportation, its successors and assigns, an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems ar:d communication systems (hereinafter referred to as "systems"), consisting of poles, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, hndholes, and including above-ground enclosures, markers, and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means in, on, over, under, across and along all that portion of State Parcel No. 69676, in the City of Santa Ana, County of Orange, State of California, as described in a Grant Deed Recorded July 08, 1985 as Instrument No. 85-249325 of said Official Records, being a strip of land 6.00 feet wide, the center line of said strip being described as follows: Beginning at a point on the Southerly line of said State Parcel No. 69676, distant thereon South 88° OS' 36" East, 12.78 feet from the Southwest corner of said parcel; thence North 22° 26' 03" West, 6.09 feet; thence North 14° 52' S9" West, 19.96 feet; thence North 18° 29' 33" West, 30.40 feet; thence North 16° 34' 21 " West, 10.3b feet to the Westerly line of said State Parcel No. 69676, distant thereon South 6° 33' 40" East, 19.92 feet from the Northwest corner of said parcel. The sidelines of said strip shall be extended or shortened so as to meet and terminate Northwesterly at the Westerly line of said State Parcel No. 69676, and Southeasterly at the Southerly line of said State Parcel No. 69676. Grantee agrees for itself, it's heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinabove described easement area. The State of California Department of Transportation, its successors and assigns, and its contractors, agents and employees, shall have the right to trim or top such trees and to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantee, the State of California Department of Transportation, its successors Form RW 6-1(S) (Revised 2000) 2 O 1` 5 75A-22 and assigns, shall make the same in such a manner as will cause the least injury to the surface of the ground around the excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Attached hereto and made a part hereof is a map entitled EXHIBIT "B". There shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent State Freeway. This Real Property Description, consisting of EXHIBIT "A" and depicted on EXHIBIT "B", has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature ~~~;,~ Mark S. Sh rber L.S. 7411 ~ ED ~Np 3~ (Exp. 12/31/2007) ~ g s• R`F Date n`y/off /'Z~ ,~,..,~ ,V ~Q.~ ~~ !! ~ 9 * N0.74'1! I\\~' CAi.~ ~~ Form RW 6-1(S) (Revised 2000) 3 Of 5 75A-23 .~ i o. cn ~r i~ r. 2 _ Lf) (/. o ~ vb ~ N O ~ ~' v~ °1 ° Q ~ ' 0 /~ a ~o ~~ ~, 01 W ~ ~~. ~ ~~ o, 'v cc O Q ~ ~ /~' !~ v ~' h~ v~ w ~~ 1„ Q _ Q ~l Z ~, ~ L; ~ ~Ilo ~ v ~~~ ~ ~ ti ~~ ~ ~~ `z' ~ Z ~ ~- ~r ~~ z` i _ ca ~ ~ ~ _... ~ r -~YTT1"TTl ~~ ? i. 3A.56 i r~r; T r~ ~' \~-a. ~ ~ i I t"7' I/ tj jG ~ ~ ~'1 ~ I '~~ ~ \~ ' I a Via' ~ :6, ~,~ ; ~ ~ ~ ~ ~ ~~ 2h Ca~L ~-- ~ ~ / I ~ ~~ ,' `~ ~ I R'~'~09 ~~ ~ ~~ ~ -i~).9?_' . ~~ to 83.59' I~ ~~ I ni in iL ~ I %`~ ~~:~-C"~ ~ ~t ~~_- N6~3S"4~7ti~' 1 i ~' ~ i to ~ j ~`~~~ 1 I I ~° ^ I !~~ I n, lp ~ ~ J \ iJ ~ i tp Q >, _~ ~ to 2 I ~n ~ t '1 I \ 30. 1 ~ ~ I I i I_J i ~ ~l I \ ~ 1 m ~ I i ~ I \ 0 1 c, ~ I I ~ l,~ Q I \ ~ 1 q ~ ` I i ~U! ~~ ~ 1 `~ ~ i~ I ' Q i ~ ~ I 1\ ° 1 I I ~ I O ~- ~ \ tl i I c I ~ ~ 1 I I ~ `\ W 1l I I ~ i ~ I i .' ~ 1~\ "' 1 ~ II I ~ ~ U ' \ ~; 1 I I i~ I ~\ ... Z }~ti I I i I I \ -- i I ~~ , 111 4 i i ~ I _ ~ \ I~I i I \ , 53.62' _ ._~~ - - -~- - - ~ \\ ~ ., -SOOp•27 3~~47. ~ DRIVE -,~~~' R~VERS1DE R ' ~ J, , ~/ ( , - -- -- , 75 EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6103 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Jim Cripps 2341 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to JIM CRIPPS, an individual, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: DATE: David N. Ream City Manager STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } On , 200_, before me, personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 75A-25 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO PHILIP AND CAMELA WOODWARD THIS AGREEMENT, entered into this _ day of , 2008, by and between Philip and Camela Woodward, husband and wife (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase 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 City. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a) it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer 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. 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 City before conveyance of said real property to Buyer. 1 75A-26 4 Payment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Quit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party 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. 9. Heirs, Assigns, Etc. This Agreement, 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. 10. 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. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorized agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of making necessary inspections. 12. Notices. The mailing address of the City 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 Buyer is: Philip and Camela Woodward 2333 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer 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 Buyer. 2 75A-27 14. Expiration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Contin ency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement 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. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. 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 Agreement, without cost. 3 75A-28 24. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. Z5. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: . Be,j 'n K~ an Chief ssistant City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager PHILIP AND CAMELA WOODWARD By: Philip Woodward By: Camela Woodward 4 75A-29 EXHIBIT A LEGAL DESCRIPTION FOR CITY OF SANTA ANA TITLE CONVEYANCE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being a portion of Parcel 59 of Tract Map No. 425 recorded in Book 16, Pages 33, and 34 of Miscellaneous Maps, Records of Orange County described as follows: That portion lying westerly of the line described in the State of California Department of Transportation Director's Deed No. DD069679-01-01 recorded as Instrument No. 2007000297829 of Official Records of said Orange County, said line having the following described courses: "Southerly continuing along said curve through a central angle of 8° 58' 33", an arc distance of 98.70 feet, to the intersection of said curve with a line parallel with and distant Westerly 69.41 feet, measured at right angles, from the center line of Broadway, 80 feet wide, as shown on a map filed in Book 7, Page 21 of Parcel Maps in the office of said County Recorder; thence along said parallel line South 1 ° 54' 58" West, 107.13 feet to the Northeast corner of State Parcel No. DD069683-01-01 recorded December 27, 1988, as Instrument No. 88-673599 of said Official Records". Exhibit "B" attached hereto for reference only. Prepared under the supervision of: LEE J. MARTIN DATE 75A-30 EXHIBIT B ..- ~"~~ ~`~ \ ~ ~- ,, ap , ~w ~- \ PCL 69676 ~ \ ~ i4t126 .~ \ R ~ \ K79'3g3 _ . -~' N6'33'9fYW N \ h'm\ ~~ u; ' ~` - , ~ z \ 4 \ w. 1992 \ \ \ ~ DD069676-Of-OI w t ' \ \ 1585 S4•~t' ~ ~\--~ ~\~\~ ' 1 v, e '` jr'~ Y UNE WL PCL 69676 fi ~\ Q3 \ ~" \ \ r, ti t r, N~~ ~ ~ \~} i ~ b ` 'R ~\ ~ _ _ , `~ `' ~ J (X1' PcL $9676 ~ ~ ~~ \ ~ ~ ! 70 - -- ~ "`~-- ~ _ -- ~ - - - - . . ~ ~ ---------- I ____ v !?3B" 122 ~ I 58ff05'36'E fS5A2' PDB. I I 1'CL b'AS76 j~gp9{y-~ I~ •- ---t--- _ - ' ' PA.B. - -----•--•--•--. .--.--.. I ~ N88 05361Y b • Ul- f8856 N82'47'05'E ~AS + I - 2s IVACATEDI F~ '. ~~;T y fAD f ~ ate I S88'OS'36'E f63J9' ~ 63,rs' E,. ~~ ~-~ f r~ ~ N ~SE~y EG~~~Nt z F~1 ~N rfiar ce~raN uN£ oESCRraEp, ~ ' /'92-5098!5 OR. ' u I _ NTB ~S~ I -•-• -•-•-• _ _ = f_._._._._. 1 _ I ~ 'f ~ b%79 ' ~ J `~ ~ ----~-----I I ~ ~~_._.__.______.._ ~ ____.._.__--_________._....._~.._____..__..~_.._. -A, F ~~~N~ 6 9680 fps f X ' V1 ~ ~ DD069679-Of-01 I ~' ..._.._._.........__..__..__..._._. _ X2986 50. F7 • 69681 _ .._....__._.__._..~._____.__._.__ I ._.~...~._.__.__.._f-----_..___.._.__._. ~ ~N S~~M~ ~ ~i ~ i u ', ~ ~ / ~~ SASE DATA TAQLE 69682 ~) 01 NZ2'26'03"N 6.09' Q Nra~52'S9 ,Y 19.96' 03 Nl8'29'J31v 30.x0' I ( 35 28' 36' •-~-.._..._._...._.»_...._._..__..~.___......~...._...,_ _ 9Q NrE39'2rw !0 . y . . B8' ' ' ' N 05 36 W TOSS --+~ ! I I I I STATE RETAINS ACCESS R(GHtS J J t' \~ '1~'r1 L•ZD.65' n ~- 4 ~ ~ N --- 6~.~r I ~ I o i I I, ~ I~ { i I ppR7NEAP~rrEl- N~ I 5r DA?~65683'QI.01 I I I 69.ar -,..-~ EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6103 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Philip and Camela Woodward 2333 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to PHILIP AND CAMELA WOODWARD, husband and wife, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: David N. Ream City Manager STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } DATE: On , 200_, before me, personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS D[RECTED ABOVE 75A-32