HomeMy WebLinkAboutCRIPPS, JAMES-2008
, INSURANCE NOT nEQUIRED
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A-2008-018
THE CITY OF SANTA ANA, CALIFORNIA
AGREEMENT FOR THE SALE OF
REAL PROPERTY TO JIM CRIPPS
THIS AGREEMENT, entered into this 7#1 day of {hn(/o/v , 2008, by and between
JIM CRIPPS, an individual (hereinafter called "Buyer"), and THEI' 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 ofthe 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.
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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 Noll 00 ($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:
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 ofthis 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.
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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 3l, 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. Contingency. 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 ofthe 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.
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24. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall
inure to the benefit ofthe successors and assigns ofthe 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 ofthis 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 ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first written above.
THE CITY OF SANTA ANA
ATTEST: ~
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~ A TRICIA E. HEALY
Clerk of the Council
MtZ--
DAVIDN.REAM
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
JIM CRIPPS
a
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EXHIBIT "A"
Number
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 Oeed 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 Oeed recorded July 28, 1992 as Instrument
No. 92-504815 of said Official Records,
Reserving unto the State of California, its successors and assif:,'lls 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 Oeed 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, 00069676-01-01.
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 Parcel 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 sYGtcms ar.d commuIlication systt.ms (hereinafter referred to as
"systems"), consisting of poles, guy wires and anchors, crossarms, wires, underground conduits,
cables, vaults, manholes, handholes, 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 Oeed 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 880 05' 36"
East, 12.78 feet from the Southwest corner of said parcel; thence North 220 26' 03" West, 6,09 feet; thence
North 14052' 59" West, 19.96 feet; thence North 18029' 33" West, 30.40 feet; thence North 16034' 21"
West, 10,36 feet to the Westerly line of said State Parcel No. 69676, distant thereon South 60 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(5) (Revised 2000) 2 of 5
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 rea] 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.
S;gn,'u,c ~~ ~
Mark S,'Sh rber L.S, 741]
(Exp. 12/31/2007)
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Date
Form RW 6-1(5) (Revised 2000)
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EXHIBIT "e
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