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HomeMy WebLinkAboutMENDOZA, TOMAS - 2008INSURANCE NOT REQUIRED - ~,,, r,,,, N-2008-101 WORK MAY PROCEED CLERK Of COUNCIL PURCHASE AND SALE AGREEMENT DA?Er ~- (5-~'~ AND BILATERAL ESCROW INSTRUCTIONS FOR ACQUISITION OF REAL PROPERTY D: Pw~(~~ GrdyCaw~~z3HIS AGREEMENT ("PSA"), entered into on _~~~__a`] __,2008, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Tomas Mendoza ("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 ("Said Real Property") legally described and depicted as follows: SEE Exhibit "A" -Legal Description and Exhibit "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1237 West Pine Street, Santa Ana, California 92703) 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. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared 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 years prior to the fiscal year 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 the full purchase price for Said Real Property, including payment for fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance damages (if any), access rights during construction, and any and all other interests for which compensation could be owed, the total sum of SEVEN THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($7,650.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of SEVEN THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($7,650.00) to Seller within Page 1 of 9 ..s ThIIRTY (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 agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property. 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. 11. 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 City 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 Seller is: Tomas Mendoza 1237 West Pine Street Santa Ana, California 92703 13. Entire Agreement. 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 that 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. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and Page 2 of 9 v .~ 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. 17. Partial Invalidity. Any provision of this PSA that is determined by a court of law to be unenforceable or invalid or which would adversely affect the validity, legality, or enforceability 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 of this PSA, are for convenience only and are not to be considered in construing this PSA. 19. Governine Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 20. No Reliance By One Party On The Other. Each Party has received independent legal advice from its attorney(s) with respect to the advisability of executing this PSA and the meaning of the provisions contained herein. 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 Party, 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. Page 3 of 9 '- - 23. Applicabilitv 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. Authoritv to Execute Agreement. Each of the undersigned represents and warrants that it has the power, authority and right to bind their respective Parties to each of the terms of this PSA, and agrees that it 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. 25. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as iffully 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: -_.,--"-_.._...._-~._-_._--_... .- d/;??,:U~ ~..u . Tomas Mendoza Date: C - ;?? - , 2008 CitylBuyer City ?lta;?d ~ /f) /Z. David N. Ream City Manager Date: t / , .., . ,2008 ;:3-~j-~ Patricia H. Hea;ry City Clerk Date: g/I.'5 ,2008 Approved as to Form and Content: Joseph W. Fletcher City Attorney Date: ~c-u-J1L S- ,2008 andoval lOr Managing Assistant City Attorney Page 4 of9 ~.. .. :EXHIBIT" •X1" LEGAL DESCRIPTION (APN 008-225-22) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 1, OF TRACT NO. 1363, AS RECORDED IN BOOK 42, PAGE 32, OF MISCELLANEOUS MAPS, RECORDS OF SAID GOUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 89°08'23" EAST 26.20 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 GURVE THROUGH A CENTRAL ANGLE OF 21°4713", 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 9°12'57", AN ARC LENGTH OF 15.28 FEET TO A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A GENTRAL ANGLE OF 4°46'35", AN ARC LENGTH OF 3.75 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID WESTERLY LINE, SOUTH 00°37'31" EAST 1D.37 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 104 SQUARE FEET (D.0024 ACRES}, MORE OR LESS. ALL AS 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 CONFDRMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. RICHARD C. MAHER, P.L.S. 7564 DATE LICENSE EXPIRES 12-31-07 _ _.a _ _ _ _ ~.. ~- .: Rl.1+4T TO ,dig: G0M4"~4NY LZ'6~,1. ~lIPTIOTI ,PQ ` ~ 0 ~~© .~ In ~~~ ~~ ~~~~~ ~N'~o 0 S0'37'31 "W~/ 10.37' L=3.75' R=45.00' p=4'46'35, L=15.28' R=95.00' ~ =9' 12'57" L=9.51' R=25.00' 'd=21'47't 3" 0 M PINE 5T. __ _~ ny 589'08'23"E SCALE: ~" = 20• KDM Meridian, Inc. 22541 Aspan Street, Suite. C I Lake Farast, G1 92630 Phone: 949-7fi9-0731 Fax: 949-758-3731 W~~~~Gsi AREA: 104 S.F. / 0.0024 AC. x THIS PLAT ACCOMPANIES .4 LEGAL DESCRIPTION .~~ WRITTEN 3Y ME OR UNDER MY DIRECTION. .~, DfP•> > i NQ 7504 ~'~~ ~Il3lo7 RICHARD C. MAH ER, PLS 7564 DATE \~~ CA Page 6 of 9 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RlW MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER x :~'~ 1237 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tomas Mendoza, a single man 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 California, easement for public right-of-way purposes in, on, over under, and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1237 Pine Street, legally described as follows: SEE EXHBIT "A" -Legal Description and EXHBIT "B" -Graphic Depiction, Attached Hereto; ~ ~~~'~.l ~--~~r~-r f ~~'1..~ Dater, 2008 Tomas Mendoza STATE OF CALIFORNIA `-~ }ss. COUNTY OF V rCil,-~+-Q4~~ 1 ~-~ ° ~ P ~~ ~~~ - On v_ 2008, before me, _ (~ personally appeared b ~ S20 ,who proved to me on the ba 's of satisfactory evidence to be the person(} whose nom Sa)~~su cribed t0 the within instrument and acknowledged to me tha ~sMe/Hley executed the same in his/her/their authorized capacityf¢S), and that b Is it signature(,s) on the instmment the person or the entity upon behalf of which the person,(,4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,..%'~s.~" °.~.J L. KANE Cotlw.t 1&IOY68 W korMO Fuwc~ W Mr Caw. Eu. Fu. 31, 3010 `... ...' <, ;.::: EXHIBIT°"PI' LEGAL DESCRIPTION (APN OD8-225-22} THAT CERTAIN PARCEL OF LAND IN 7HE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 1, OF TRACT NO. 1363, AS RECORDED IN BOOK 42, PAGE 32, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE-ALONG THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 89°08'23" EAST 26.20 FEET TO THE POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 25.D0 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°47'13", 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 9°12'57", AN ARC LENGTH OF 15.28 FEET TO A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRP.L ANGLE OF 4°46'35", AN ARC LENGTH OF 3.75 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID WESTERLY LINE, SOUTH 00°37'31" EAST 10.37 FEET TO THE POINT QF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 104 50UARE FEET (0.0024 ACRES), MORE OR LESS. ALL AS 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 PROFESSIONAL LAND SURVEYOR'S AGT. ~i ~~~3~67 RICHARD C. MAHER, P.L.S. 7564 DATE LICENSE EXPIRES 12-31-D7 Il-/"Yf~- '01 \ When recorded, pl...asemail this instrument and tax statements to: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FE E 200800040516511:14am 08/26108 1158G024 0.00 0_00 0.00 0.00 0.00 0.00 0_00 0.00 Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M.36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 <j. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY{IES) TAXES PUBLIC WORKS X ApPROVED BY DIRECTOR DESCRIPTION WRITTEN BY DESCRIPTION CHECKED-O.K. RNV MAP NUMBER PROJECT NUMBER -\ 1237 West Pine Street, Santa Ana, CA '82B5 DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tomas Mendoza, a single man Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duiy organized under the Constitution and laws of the State of California, easement for public right-of-way purposes in, on, over under, and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1237 Pine Street, legally described as follows: SEE EXHBIT "A" - Legal Description and EXHBIT "B" - Graphic Depiction, Attached Hereto; Date: G - "2::; ,2008 ~4/~/4~4~{~ Tomas Mendoza / - STATE OF CALIFORNIA 0 COUNTY OF ~./ On (Q- 2.- b ' who proved to me on the ba 's of satisfactory evidence to be the person{.ir'J whose na }B)@J0su scribed to the within instrument and acknowledged to me th~~y executed the same in his/her/their authorized capacity(~'), and that b~ir signature~ on the instrument the person~ or the entity upon behalf of which the person-'>>') acted, executed the instrument. }ss. } f~[c personally appeared ,2008, before me, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ Signature "'. L.KANE l - COMII.' 1846&8 . III _MUC.__ l . IIYco.OU;:.~l,I01O't / 9' 0 '-\{ tl I'V '. ' ., EtXliIIB1T"'4l;" LEGAL DESCRIPTION (APN 008-225-22) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 1, OF TRACT NO. 1363, AS RECORDED IN BOOK 42, PAGE 32, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 89'08'23" EAST 26.20 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 21'47'13", 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 9012'57", AN ARC LENGTH OF 15.28 FEET TO A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 4'46'35", AN ARC LENGTH OF 3.75 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID WESTERLY LINE, SOUTH 00037'31" EAST 10.37 FEET TO THE POINT OF BEGINNI~G. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 104 SQUARE FEET (0.0024 ACRES), MORE OR LESS. ALL AS 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 PROFESSIONAL LAND SURVEYOR'S ACT. ~~LS7564 ~/8~ LICENSE EXPIRES 12-31-07 Page 1 of 1 e><HISlT ".. ,.J.AT TO ~~ J..iI!6AL. ~t;~w-T'ION ~" + A ~~ "''' ~V! \ ,,~ ~~ fZ~ ~ .z~~ \1 - -C[ \\tJ ~wg, ~~' \~ wg, ~~ ~~' ~~~ fZ~ Y .z~~ \ L-3.75' R=45.00' .6.=4' 46'35" L=15.2S' R=95.00' .6.=9'12'57" L=9.51' R=25.00' .6.=21'47'13" iR' Ii' KDM Meridian, Inc. P,Q,B, o r<) PINE ST. rI I 22541 Aspon Street, Suite. C Lake Forest, CA 92630 phone: 949-768-0731 Fox: 949-768-3731 ~ 00&-225-=:2 S89'OS'23"E AREA: 104 S.F. / 0.0024 AC. :t SCALE: 1" = 20' THIS PLAT ACCOMPANIES A LEGAL DESCRIPTION WRITTEN BY ME OR UNDER MY DIRECTION. ~l'ifIl~ RICHARD C. MAHER, PLS 7564 ~/IJJ07 DATE , . CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by deed dated from TOMAS ~t>OZA to the City of Santa Ana, a charter city and Municipal corporation duly organized under the Constitution and laws of the State of California, is herby acknowledged by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281 and the grantee consents to recordation by its duly authorized officer. t24a.- David N. Ream PROOF OF EXECUTION BY A SUBSCRIBING WITNESS STATE OF (p\\~nl ~c-. COUNTY OF orCA. (\1 - On X. ~~,0~ before me (Date) !'\ personally e and title ofthe officer) Appeared ... IM.l; ,who proved to me on the basis of satisfactory (Name ofperso~ s, iug) evidence to be the personw. whose name(~ is/~ subscribed'fu the within instrument and acknowled~ed to me that h.e}he/th,/y executed the same in q6/her/th/Ir authorized capacity(i!l!i), and that by hWher/thqlt signatureM on the instrument the person~, or the entity upon behalf of which the personcp) acted, executed the instrument. I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1.- - - - - - ~~~~~1: 'I j ..., PublIc . CCIIIlomIa I I Orange county - _ _ _ _ _ _~~~~~.~'_1_' (Seal) t ~IB1T "~" i' ~'L~4T TOP:GG0Mt°h1~lY .l.L'G,4L ~GRIPTION I ~ ~~ ~~'~~~ I Qh~a~~ ~~~~~ 3~~~ a ~~a~o ~~~~ ~` ~~~o ~ n~~ ~~ 'D~ ~~ ~~ ~~~~~ ~~{~~y~o d=21'47' 13" 50'37'31 "N 10.37 L=3.75' R=45.00' ~=4'46'35" L=15.28' R=95.00' ''d=9'12'57" 1=9.51' P PINE 5T. - -~ - - 0 r7 S89'O8'23"E SCALE: ~ = 20' AREA: '104 S.F. / 0.0024 AC. ± I KDM Meridian, Inc. 22541 Aspan Street Suite. C THIS PLAT ACCOMPANIES A LEGAL DESCRIPTION I Lake Forest, CA 92630 WRITTEN BY ME OR UNDER MY DIRECl10N. ?hone: 949-758-0731 ,/ ~j/ Fax: 949-708-3731 /, r.r ll~~ D/ 3107 161PN Q0~~,'Z^2 RICHAP.D C. MAHER, PLS 7564 DATE *I DCP..lFLL~ \` N0. 7564 ~ Page 9 of 9