HomeMy WebLinkAboutTLASECA, PEDRO - 2008IN�Ui`ANCE NOT REQUIRED N- 2008 -159
WORN MAY PROCEED
CLERK OF COUNCIL
DATE: 1a -15 -y D� PURCHASE AND SALE AGREEMENT
AND BILATERAL ESCROW INSTRUCTIONS
0; PW A FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT (hereinafter "PSA "), entered into on w ber 15 , 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
Pedro Tlaseca (hereinafter "Seller "), regardless of number or gender;
THEREFORE, for and in consideration of their promises, covenants and agreements
hereinafter set forth, 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 portion of 1310 West Raymar Street, 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 Real Property will be conveyed by Seller to
City by Seller by Grant Deed.
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.
6. 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, 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 interest for which compensation
could be owed, the total sum of SIX THOUSAND ONE HUNDRED EIGHT -FIVE DOLLARS AND
NO /100 DOLLARS ($6,185).
7. Deadline of Payment of Purchase Price. City agrees to pay the purchase price of SIX
THOUSAND ONE HUNDRED EIGHT -FIVE DOLLARS AND NO /100 DOLLARS ($6,185) to
Seller within THIRTY (30) days from receipt of fully executed Grant Deed and confirmation that
Seller has marketable title to Said Real Property.
S. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid
Seller the full Purchase Price for Said Real Property.
Page I of 7 __7
Seller's Initials I
7. Possession. Seller agrees to deliver to City, on the date the Grant 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 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 the City of Santa Ana is 20 Civic Center Plaza, M -36,
P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The
mailing address of the Seller is:
1310 West Raymar 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
Part if City has not completed the acquisition of Said Real Property and paid the Purchase Price
therefore to Seller before November 31, 2008.
15. Indemnity. 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. 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.
Page 2 of 7 1
Seller's Initials
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 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 of this 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 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 Parry 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.
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 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.
Page 3 of 7
Seller's Initials 1
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 as of the date and year
first written above.
SELLER:
By: cx —Date: 10-. , 2008
Pedro Tlaseca
By. Date: ,2008
APPROVED AS TO FORM AND CONTENT:
Joseph W. Fletcher
City Attorney
BY• Date: %, 2008
se Sandoval
Senior Managing Assistant City Attorney
CITY / BUYER:
CITY OF SANTA ANA
David 7'
City Manager
ATTEST:
Patricia E. Healy'
Clerk of the Council
�t�atd `f ��, 2008
Page 4 of 7 �7
Seller's Initials t
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by deed dated
from��b TLA`SEC/�
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 hereby 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 offices.
tj /yam //d ,
Date: David N. Ream
Witness
PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 1- L2-O j before me C VWLI-tp Ktf URV I IMQ & VV-q V n L.
(Date) f 1 (Name and title of the of icer)
personally appeared I .Ua tfn 6WZ
(Name of person signing)
who proved to me on the basis of satisfactory evidence to be the person( whose namW is4
sulscnbed to the within instrument and acknowledged to me that h she /ti y executed the same in
hiY /her /th authorized capacity(), and that by h /her /th� signaturel) on the instrument the
person , or the entity upon behalf of which the person( 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. A
(Seal)
H[V'I, I� o::
EXHIBIT "A"
LEGAL DESCRIPTION
(APN 010 - 022 -08)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 28, OF TRACT
NO, 1457, AS RECORDED IN BOOK 53, PAGE 2, OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 28;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, SOUTH 00 °38'43" WEST
9.82 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 510 54'33" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 180 50' 15 ", AN ARC LENGTH OF 14.79 FEET TO THE NORTHERLY LINE OF
SAID PARCEL 28;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89018'57" EAST 10.97 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 48 SQUARE FEET, MORE
OR LESS.
ALL AS SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND MADE A PART
HEREOF.
PREPARED UNDER THE SUPERVISION OF:
;! f ��g
LE MAR I DATE
L.S. 5683
�. mw.q
v N0. 5683
Exp.9 /30/09
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
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
2009000042036 10'.063 01130109
116 45 G02 4 00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.
CANCEL
AGENCY(IES)
APPROVED By
DESCRIPTION
DESCRIPTION
A
RIW MAP
PROJECT
DIRECTOR
WRITTEN BY
CHECKED -O.K
NUMBER
NUMBER
NUMBER
TAXES
PUBLIC WORKc
010 - 022 -08
06 -1500
X
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Pedro Tlaseca
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under
the Constitution an claws 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 1238 Pine
Street, legally described as follows:
SEE EXHBIT "A —Legal Description and EXHBIT "B" — Graphic Depiction, Attached Hereto;
Cc' .
.- 4 a 110--> �c� _ Date: 2008
Pedro Tlaseca
STATE OF
CALIFORNIA
Ise.
8290
COUNTY OF err r�
�'� ,2008, before me, - f i Cam— personally appeared
On_
—r proved to me on the basis of satisfactory
evidence to be the perso s) whose name,(aj:lPare'subscrlbed to the within instrument and acknowledged to me thajfi executed
the same irry�i Her/ how authorized capacityfeet, and that b Dm It e signaturaksa on the instrument the person or the entity upon
behalf of which the person( 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 offici s
Signature -
Page 7 of 7
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Seller's Initials
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