HomeMy WebLinkAboutDUENAS, ROGELIO AND FRANCISCO-2008j INSUR WORK MAY PROICEED N-2008-043
' CLERK OF COUNCIL PURCHASE AND SALE AGREEMENT
OATE: c(- ~ ~o~ AND BILATERAL ESCROW INSTRUCTIONS
FOR ACQUISITION OF REAL PROPERTY
~wA(~>
~ ~ r..~ZTHIS AGREEMENT (hereinafter "PSA")
Cl~ 6a ,entered into on
y 2 0 0 8 , between the CTTY OF SANTA ANA, a charter city and municipal
core ration duly organized under the Constitution and laws of the State of California (hereinafter "City" or
"Buyer"), and ROGELIO DUENAS and FRANCISCO J. DUENAS (hereinafter "Seller"), regardless of
number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees
to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property") legally
described and depicted as follows:
SEE EXHIBIT'°A" -Legal Description
and EXHIBTT "B" -Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1241 W. Chestnut Avenue, Santa Ana, CA)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, within
thirty (30) days from and after the date on which the City has approved this PSA.
2. Title to be Conveyed. The Seller's interest to the Real Property will be conveyed to City by Seller by
Grant Deed as set forth in Exhibit "C" to this PSA,
3. Probe ,Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property is conveyed to City as aze unpaid at the time of said conveyance shall be
cleazed and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and
Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all yeazs
prior to the fiscal yeaz within which said conveyance is made shall be paid by Seller before conveyance of
Said Real Property to City.
4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as
and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to
the realty, goodwill (if any), and severance damages (if any), the total sum of SIX THOUSAND
TWENTY-FIVE and No/100 Dollars ($6,025.00).
5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of SIX THOUSAND
TWENTY-FIVE and No/100 Dollars ($6,025.00) to Seller within THIRTY (30) days from receipt of a
fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property.
6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full
Purchase Price for Said Real Property.
7. Possession. Seller agees to deliver to City, on the date the Deed conveying Said Real Property to
City is recorded, quiet and peaceful possession of Said Real Properly.
Page 1 of S
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the
part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said
covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
9. Heirs. Assigns. Successors-in-Interest. This PSA, and all the terms, covenants and conditions
hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the
respective Parties hereto.
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.
II. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission
to enter upon Said Real Property at all reasonable times prior to recordation of the Grant Deed for the
purpose of making necessary inspections.
12. Notices. The mailing address of the Seller of the Seller of Santa Ana is 20 Civic Center Plaza,
M-36, P.O. Box 1988, in the Seller of Santa Ana 92701, County of Orange, state of California. The
mailing address of the Seller is:
ROGELIO DUENAS and FRANCISCO DUENAS
1241 W. CHESTNUT AVENUE
SANTAANA,CA 92703
13. Entire A!!feement. It is mutually agreed that the Parties hereto have herein set forth the whole of
their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were
raised or could have been raised in connection with the acquisition of Said Real Property by City.
14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party if
City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to
Seller before September 31, 2008.
15. Indemnitv. Seller agrees to indemnify, defend and hold the City harmless from and against
any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage,
or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
(i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on,
under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the
violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or
license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous
Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation,
any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim,
action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
intangible property damage, compensation for lost wages, business income, profits or other economic loss,
damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill,
release, or other adverse effect on the environment). This indemnity extends only to liability created prior
to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post
close of this escrow.
16. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
Page 2 of8
17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of
which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but
all the remaining provisions of this PSA shall remain in full force.
18. Captions. Captions and headings in this PSA, including the title ofthis PSA, are for convenience
only and are not to be considered in construing this PSA.
19. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the
State of California.
20. No Reliance Bv One party On The Other. Each party has received independent legal advice from its
attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof.
The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other
person or entity has or shall acquire any rights hereunder.
22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute
and deliver such further documents (in form and substance reasonably acceptable to the party to be charged)
and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and
conditions of this PSA, without cost.
23. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the
benefit of the successors and assigns of the Parties to this PSA.
24. 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
PSA, and shall indemnifY City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
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25. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year fIrst written
above.
SELLER:
Rd~k Cf)~
Date: y // (;' ~ y. 2008
~~~0 mn~#c-;
Francisco J. Duenas .,
Date: Lf- I/'- cf( ,2008
CitylBuyer
City of Santa Ana
r~fzcwLe
City Manager
Date: ~ 2S
,2008
~~i,i~_
Patricia H. Heal!;
City Clerk
Date:
If / ;L-lr
,2008
Approved as to Form:
Joseph W. Fletcher
City Attorney
Date:
f'-J-(
,2008
ing Assistant City Attorney
Page 4 ofS
t-
LEGAL DESCRIPTION
(APN 008-231-08)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, coJ~f~hment 1
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 18, BLOCK C OF
TRACT NO. 610, AS RECORDED IN BOOK 19, PAGE 12, OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 18;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 18, SOUTH 89009'45" EAST
22.57 FEET TO THE POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE
NORTH AND HAVING A RADIUS OF 25.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
21047'12", AN ARC LENGTH OF 9.51 FEET TO A TANGENT COMPOUND CURVE
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 95.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 8058'10", AN ARC LENGTH OF 14.87 FEET TO THE WESTERLY LINE OF SAID
LOT 18;
THENCE ALONG SAID WESTERLY LINE, SOUTH 00039'02" WEST 8.36 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 70 SQUARE FEET (0.0016
ACRES), MORE OR LESS.
ALL A~ SHOWN ON EXHIBIT 'B", ATTACHED HERETO AND MADE A PART
THEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONA.L LAND
SURVEYOR'S ACT.
~~~
RICHARD C. MAHER, P.L.S. 7564
LICENSE EXPIRES 12-31-07
75/r-g/O?
DATE
Page 5 of 8
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CHESTNUT ST.
SS9"09' 45"E
AREA: 70 S.F. / 0.0016 AC. :f:
KDM Meridian, Inc.
22541 Aspan Street, Suite. C
Lake Forest, CA 92630
Phone: 949-768-0731
Fax: 949-768-3731
THIS PLAT ACCOMPANIES A lEGAL DESCRIPTION
WRITTEN BY ME OR UNDER MY DIRECTION.
AfI'N 00&-251-0&
Page 6 of 8
Attachment 1
'\~
EXHIBIT "C"
Grant Deed
Page 7 of8
.'
When recorded, please mail this L
instrument and tax statements to: L
L
City of Santa Ana D
20 Civic Center Plaza, M-36 I
P.O. Box 1988 D
Santa Ana, California 92701 D
D
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Free recording requested by THE CITY OF SANTA ANA
PER GOVERNMENT CODE SECTION 6103.
CANCEL APPROVED APPROVED DESCRIPTION LEGAL A,P. RIW MAP PROJECT
TAXES AS TO FORM BY WRITTEN BY DESCRIPTION NUMBER NUMBER NUMBER
x BY ATTY. DIRECTOR CHECKED-O.K.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ROGELlO DUENAS and FRANCISCO J. DUENAS
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of Cali fomi a, fee simple title to the real property in the City of
Santa Ana, County of Orange, State of California, described as follows:
SEE EXHIBIT "A" - Legal Description and EXHIBIT "B" - Graphical Depiction, ATTACHED
HERETO AND BY THIS REFERENCE MADE A OF;
eil' -' \~;7!::1,
NOlL)!, PuLJII( Co!ltornla I
r~"l'\~)"," r ll.'OTV -
J'i J4,201
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Dated -1f11cJ Joe6
. I
'Ir~ t'; , personally appeared
who proved to me on the basis of satisfactory
evi ence be the person(s) whose name(s) is/are subscrioed to the wi instrument and acknowledged to me that helshe/they
executed the same in his/her/their authorized capacity(ies), and that by hislher/their signatures on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
} ss.
}
.~
I certify under PENALTY OF PERJURY under the laws of the State of California that the foreg .
correct. \ I81EVA .~, . ''1
@ c:......lul1n.'..n>>.'
WITNESS my hand and official seal. - NIllaIVI'IltIIC":"C IIil .Il.
. ~ CounIr" "
_ _c:-n........l..
aph is true and
,;--vj~~
(This area for offi~iai~~/ary seal)
Page 8 of8
When recorded, please mail this
instrument and tax statements to;
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL AGENCY(IES) ApPROVED BY DESCRIPTION DESCRIPTION AP. R/W MAp PROJECT
TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K NUMBER NUMBER NUMBER
(Address/Approximate Location) DEED NUMBER
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt for which is hereby acknowledged,
ROGELlO DUENAS, A SINGLE MAN AND FRANCISCO J. DUENAS, A SINGLE MAN,
BOTH AS JOINT TENANTS
Do hereby grant to THE CITY OF SANTA ANA, a Charter City and municipal corporation organized
and existing under the Constitution and laws of the State of California, an easement for public right-of-way
purposes, in, on, over, under and through the real property located in the City of Santa Ana, County of Orange,
State of California, described in Exhibit "A" and depicted on Exhibit "B".
For; Rogelio Duenas
STATE OF CALlFO
COUNTY OF
On S ~
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lss.
l
BY:.~~~
R" ali;R I: 0 b v~...va s (!) W,-v-€",-
Print n e and title
Dated
r /d"/e ~
before me,
personally appeared n!t~~/:.~() ~:r ;:;~(~~5
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name{s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hislher/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acled, executed
the instrument.
For. Francisco J, Duenas
By: ~4~~ fl'0/~
J:RAJ'l-C/FC(', 0" I) UErI/.4,-
Print name and title ' 0 W IV f J2...
. ,
" .' MIREYADUENAS k..,~ :
_ ',- , ' Commlsalon # 1637736'~, -,
"I NoIoIy PublIC . CalUOIM.'. ~."
" Orange county ~:~,
;:1: ~ _" ~:~~~_~~1.~2~Ot
I certify under PENAL TV OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(This area for official seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE