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HomeMy WebLinkAbout25D - 421 S BRISTOL STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: PURCHASE AGREEMENTS FOR 421 S. BRISTOL STREET (PROJECT 06-1500) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached real property purchase agreement with the Socorro Guerrola De Navarro Family Trust in the amount of $155,200 and execute an acquisition settlement agreement for $695,000 subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Third Street to Civic Center Drive. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, it is necessary to acquire a portion of the Navarro property, located at 421 S. Bristol Street, (Exhibit 1). Public Works Agency has been negotiating with the property owner for the past nine months, including a plan to improve the building and the adjacent vacant lot for parking. 25D-1 Purchase Agreements For 421 S. Bristol January 5, 2009 Page 2 PNVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-O1 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency . =J ~G Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25D-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR 0 m AND N O WALNUT ST. T~ ~LLIV ER L 712` 716 720 802 806 814 818 822 902 AVENUE 701 71 I 717 N N LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES 310 309 K a 314 318 JD 402 ~'~ 406 410 414 420 G MY R TLE 43 J 03 10.07 1011 1020 1019 MCFADD EN AVENUE 434 438 442 446 ST. 502 506 510 514 518 52 WILLITS CHESTNUT ~ STREET CAMILE ~ BISHOP MATCHLINE SEE ABOVE LEFT EXHIBIT 1 CITY COUNCIL TITLE PURCHASE AND RELOCATION AGENDA DATE AGREEMENT FOR 421 S. BRISTOL - V JANUARY 5. 2008 BRISTOL STREET CORRIDOR (PROJECT 06-1500) ACQUISITION SETTLEMENT AGREEMENT This Acquisition Settlement Agreement ("ASA") is entered into on , 2008 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Socorro Guerrola De Navarro Family Trust, Sonia Liliana Navarro, Yolanda Veronica Navarro, Ernesto Navarro, Leticia Navarro, Jaime Navarro, also dba La Pinata Market and Rockview Dairy, ("Owner"). City and Owner may collectively be referred to in this ASA as the "Parties." RECITALS A. Owner operates a business on the Property commonly known as La Pinata Market, and is the occupant of the real property and improvements located at 421 and 400 S. Bristol, Santa Ana, California. ("Property"). B. Owner and City have negotiated a Purchase and Sale Agreement ("PSA")for a portion of the Property, as legally described and depicted in Exhibit "A" and Exhibit "B" attached hereto ("Acquired Property"), which will impact the Owner's rights, title and/or interests in the Acquired Property. C. The Property is located within the Area of the Bristol Street Widening Project from Pine Street to McFadden Avenue and City intends to acquire a road and sidewalk easement on a portion of the Property for a public use. D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property by City are in dispute. The Parties desire to establish their respective rights and obligations and to resolve any and all existing disputes with regard to the acquisition of the Acquired Property by City upon the terms and conditions as hereinafter set forth. E. In order to mitigate damages to the Property and avoid a business displacement of the La Pinata Market and Rockview Dairy, Owner intends to renovate their retail structure at 421 S. Bristol Street and relocate lost parking spacing and an 400 S. Bristol ("Rehabilitation Project"). Construction on the Rehabilitation Project is expected to be completed on or about, September 30, 2009. Page 1 of 13 25D-4 Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree as follows: Consideration a. City agrees to pay Owner, in accordance with the disbursement schedule referenced in section 1(b) through (d), below, the total sum of SIX HUNDRED NINETY-FIVE THOUSAND AND N0/100 DOLLARS ($695,000) as compensation to which Owner may be entitled, including relocation benefits, any and all loss of business goodwill, leasehold interests, personal property, improvements pertaining to realty, bonus value, severance damages, and any and all other damages to which Owner may be entitled as a result of City's acquisition of the Acquired Property for the Project. All payments as referenced above will be paid to Socorro Guerrola De Navarro Family Trust. b. Upon execution of this ASA, execution and recording of the Easement Deed, Exhibit "C" City will process an initial payment to Owner in the amount of FOUR HUNDRED THOUSAND AND N0/100 DOLLARS ($400,000.00). c. City will process a second payment to Owner in the amount of TWO HUNDRED THOUSAND AND N0/100 DOLLARS ($200,000.00) upon satisfactory evidence to City that all the appropriate building permits have been obtained to begin the Rehabilitation Project. d. City will process a final payment to Owner in the amount of NINTEY- FIVE THOUSAND AND NO/100 DOLLARS ($95,000.00) upon satisfactory evidence to City that the Rehabilitation Project is completed. e. Payment of the consideration referenced in section 1 of this ASA, shall constitute full satisfaction of any and all of City's obligations to compensate Owner. 2. Release a. Owner, on behalf of itself, its agents, assigns and related entities, agree to indemnify, fully release, acquit and discharge City, and the officers, directors, employees, attorneys, accountants, other professionals, insurers and agents of City (collectively "Agents") and all entities related to City, from any and all rights, claims, interests, demands, actions or causes of action which Owner now has or may in the future have against City arising from the acquisition of the Acquired Property, including, but not limited to, trade fixtures, furniture and equipment, leasehold interests, and claims for loss of business goodwill, bonus value (if any) and/or severance Page 2 of 13 25D-5 iL damages (if any), including claims from vendors, independent contractors, tenants now and forever. b. No Party, nor any Agents, nor any related entities, to this ASA have made any statement or representation to any other Party regarding any fact relied upon in entering into this ASA, and each party expressly states it does not rely upon any statement, representation or promise of any other Party or any Party's Agent or related entities in executing this ASA, except as is expressly stated in this ASA. Each Party to this ASA has made such investigation of the facts and law pertaining to this ASA, and of all other matters pertaining hereto, as it deems reasonable, necessary and/or appropriate, and has consulted with legal counsel concerning the matters contained herein. 4. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 5. Indemnity By Owners Owner shall indemnify, defend and hold harmless City from and against any and all claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting from the breach by Owner of any provision of this ASA, or the falsity of any representation or warranty made by Owner contained in this ASA. 6. Entire Aareement This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter discussed herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. 7. Partiallnvalidity In the event that any term, covenant, condition or provision of this ASA shall be held by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver The provisions of this ASA may be waived, altered, amended or repealed, in whole or in part, only upon the written consent of all Parties to this ASA. The waiver by one party of the duty of performance by the other Party of any provision in this ASA shall not invalidate this ASA, nor shall it be considered a waiver of any rights or remedies available to the non-breaching Party of this ASA. Page 3 of 13 25D-6 9. Headings The headings, subheadings and numbering of the different sections of this ASA are inserted for convenience only and shall not be considered for any purpose in construing this ASA. 10. Governing Law The rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, and to any legal limitations on the power of the signatories to bind non-signatories to this ASA, this ASA shall inure to the benefit of, and shall be binding upon, the assigns, successors-in-interest, personal representatives, executors, estate, heirs, legatees, Agents and related entities of each of the Parties hereto. 12. Necessary Acts Each Party to this ASA agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this ASA. 13. Advice Of Counsel Each Party hereto, by its execution of this ASA, represents to every other Party that it has reviewed each term of this ASA with its counsel and hereafter no Party shall deny the validity of this ASA on the ground that the party did not have advice of counsel. Each Party to this ASA has had the opportunity to receive independent legal advice with respect to the advisability of entering into and being bound by this ASA and with respect to the meaning of California Civil Code Section 1542. 14. Parties Have Not Transferred Right Or Claims The Parties hereto each represent and warrant to the other Party that they have not assigned, transferred or sublet to any third party any of the rights, claims, causes of action or items to be released or transferred which they are obligated to transfer or to release as part of this ASA. 15. Authority To Execute This Agreement Each Party executing this ASA represents that it is authorized to execute this ASA. Each Party executing this ASA on behalf of an entity, other than an individual executing this ASA on his or her own behalf, represents that he or she is authorized to execute this ASA on behalf of said entity. Page 4 of 13 25D-7 16. Construction Each Party has cooperated in the drafting and preparation of this ASA. In any construction or interpretation to be made of this ASA, or of any of its terms, conditions and/or provisions, the same shall not be construed against any party. 17. Notices All notices, requests, demands and other communications required or permitted to be given under this ASA shall be in writing and shall either be delivered in writing personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the Party at its address as set forth below, or at any other address that such Party may designate by written notice to the other Party: To City: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Attention: Souri Amirani To Owner: Socorro Guerrola De Navarro Family Trust ATTN: Leticia Navarro, Trustee 429 S. Bristol Street, Suite 2 Santa Ana, CA 92703 Page 5 of 13 25D-8 18. Counterparts This ASA may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the date first written above. BUSINESS OWNER(S): CITY OF SANTA ANA: For: La Pinata Market and Rockview Dairy By: Date: BY: Date: , 2008 David N. Ream As: Individuals: City Manager Date: , 2008 Sonia Liliana Navarro ATTEST: Date: , 2008 Veronica Navarro Date: , 2008 Ernesto Navarro By: Date: , 2008 Patricia E. Healy Date: , 2008 Clerk of the Council Leticia Navarro Date: , 2008 Jaime Navarro PROPERTY OWNER: Socorro Guerrola De Navarro Family Trust Date: , 2008 'Leticia Navarro, Trustee APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date: , 2008 Jose Sandoval Chief Assistant City Attorney Page 6 of 13 25D-9 EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION (APN 008-232-32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40,13 FEET OF LOT 14 OF TRACT Nd. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION' OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (4D-FdOT MALF- WiDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2246, PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38`34" EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°07'24" EAST 16.71 FEET; THENCE SOUTH 2°01'18' WEST 85.36 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°05'04" WEST 14.$5 FEET TO THE I'~7INT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SQUARE FEET (0.0307 ACRES), MORE dR LESS. ALL AS SHOWN ON EXHIBIT "8", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTIdN HAS BEEN PREPARED 8Y ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. t) v ~, ~, ~l f C? ~ `~ I~~~j~~ a RI HARD C. A ER, P.L.S. 7564 DATE ~p~~~~e,~, ~ LICENSE EXPIRES 12-31-OT Page 7 of 13 25D-10 A ~,XHIS[T "S"' PI.hT TO ,4GGGMP,+4htY L '~'sAd.. 17L'~SC.RIPTl4N I ~~~ 2 ~ ~~. ~,= ' ~I ~ ~ O r°°i ~ ~ P. I 40• f 0 _ N89'02'43"W SCALEt 1' = 30' AREA: 1,338 SF. ! p.C13D7 AC. ~ ~__ THIS FLAT ACCCINPANIES A LEGAL IcESCRIFTIflN WR1T~N BY MF„ OR UNDER MY DIRECTION. 1,~,~//~~., IofZ.3Ya7 RICHARD C. MAHER, FLS 7564 DATE Page 8 of 13 25D-11 ExHIBIT ta,a,, LEGAL DESCRIPTION {APN x0&232-38) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORN#A, BEING A PORTION OF LOTS 16 AND 17 OF TRACT NO. 810, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCR#BED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF- WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2266, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG SA#D EASTERLY RIGHT t}F WAY AND THE EASTERLY RIGHT OF WAY CONVEYED TO THE CITY OF SANTA. ANA BY DEED DATED JULY 10, 195'1, NORTH 0°38'34 EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 16; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°45'04" EAST 14.65 FEET: THENCE SOUTH 2°01 "18" WEST 47,89 FEET TO A LINE PARALLEL W#TH AND 53,50 FEET EASTERLY., MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET; THENCE ALONG SAID PARALLEL LINE, SOUTH 0°38'34" EAST 27.46 FEET„ THENCE SOUTH 44° 12'03" EAST 2127 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY L#NE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89°02`43 WEST 28.50 FEET TO THE PClINT GlF BEGINNING. THE ABOVE OESCR#BED PARCEL OF LAND CONTAINS 1,3fi0 SQUARE FEET {0.0312 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT ~B", ATTACHED HERETO ANa MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME fJR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. / ~0 ,~~, R CHARD C. HER, P.L,S. 75f>4 DATE n LICENSE. EXPIRES 12-3x-07 "~" ~"~ ~ ,r NOw,-?ffi~+4 ~ Page 1 of 1 Page 9 of 13 25D-12 e A ~awisrr ,.s.r Pl.r4T TC ~GG4MP,~t~tY L.C6-,4L. I~l~C~:IPTlC~t #~ ~ tQ J ~ ~~b ~ ~~ ~ . f.~~,. 40~ O~ ~~~ Z~6~ ~~. P '„(„ h~11~R11.~E vT. SCAL€, t' = 30' AREA; 1,360 S.F. ! 0.0312 AC. ~ T}iIS PLAT ACCCN4PANIES A LEGAL IIESCRIPTt[]N WRITTEN„~Y'1~4E`~1R UNDER MY ll1RECTIpN. C, MAHER, PLS 7564 RATE Page 10 of 13 25D-13 EXHIStT "C" EASEMENT GEED ForAequsitiart Se#tlementApreQm~r~# 14hem recorded, pieasc curt this nlBtrtCrRrlT;tnd PaA SCaienieul5 t4s_ CIer4 of the Cuuncil C:iri' oI Santa .sins 20 Cicir Ceurer Ptaza, \f-3d Santa Ana, California 9'.7p1 Free recording reqursud by TAE CITY OF SAIv'1'A AItiA PER Cio«RIY't~h'T Ct3DE SECTIO\ 6103 C,!'~E: AG£*7C']'!L~5? APP3Cl?.. a]' DEYrYr&'4: D55cw9rio~ A.P. Rtr'x1AP ~ni3 _~_T :`Ak:4 7'$LT iI'b&hY DuRZn$ k'F_'TFE*I aY CHfi'xEL{1.&. ~'L';,F$E$. #C'#1aSA .'1'.1~fR 1Xt8-~+2-36,i2 tJ6-1500 42I, Soo S. $natot, Saute Ana Caldottua DF~ vL~ciex EASEMENT DEED FOR VALUABLE CON5IDERATION, reCF~pt of which is hereby ackrnvxiedged SoCOrm Guenob ~ Navarra Family Trust Do Hereby Grant io THE CITY OF SANTA ANA, a charter City and nruniCipal cartxxation duly organized under the Constitution and taws of the State of Caiifomi~n, easement far public right-of-way purposes for ~, on, over under; and through the rest property in the City of Santa Ana, County a# Cimnge, State of Califomla, k?cated at 421.400 S Bristol, legatiy described as tolbws: SEE EXHBIT "A" -Legal Descriptiai and EXHBt7 "B" -Graphic Depiction, Attached Hereto; Stxorro Guerrota De Navarro Family Trust Date: .2008 Leticia Navarro, Tntstee STATE OF CALIFOR'VL4 }xs. COL~7TY" 6F ) Chr ,?00&. before sne prrsoually appeared . who proro-ed to the ort the basis of satisfacbty cytdrnce to tz du persan(s} whose 1lauir{s} is.are subscrilxd to die within insManrnt and ackuawtedged to the that he=sheri}uy exeruted the sazue m luslurdzezr authorized caparrh{usi, and dui by hisiher:'thcu si¢nanrrr(vj an the inmunxnt dtr person(s) or the rntin upwt behalf of which the ptrxon(s} acted.. cxernted die insttumertt. I cerufi' under PENALTY OF PERJLRY mxkr the caws of thr State of Cilifortva drat the farcgmng paragraph is true and rorrrct. Signature 53GNATtrRE ©F NOTARY PL7BLIt~ cuce NCJTARY SEALABr?'JE Page 11 of 13 25D-14 EXHIBIT "C"' EASEMENT GEED ATTACHMENT farAtquisition Settlem+QntAgreement EXHIBIT ^A^ LEGAL DESCRIPI'K1N fAPN 008-232.36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE. STATE OF CALIFORNIA, BEING A PORTION OF LOTS 78 ANO 17 OF TRACT NO. 810, RECORDED iN BOOK t9. PAGE 72 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLlOW3: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY UNE OF SAID LOT 17 ANO l'HE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF- WIDTH) AS CONVEYED TO ThIE CITY OF SANTA ANA BY DEED RECURDED IN BOOK 2286, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF WAV CONVEYED 70 THE CITY OF SANTA ANA BY DEED GATED JULY 70, 7851, NORTH 0"38'3d° EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 78; THENCE ALONG SAID NORTHERLY LINE. SOUTH 89"05'04' EAST 74.65 FEET: FHENCE SOUTH 2°Ot' 18" WEST 47 88 FEET TO A LINE PARALLEL WITk ANU 53.50 FEET EASTERLY. MEASURED AT RIGHT ANGLES. OF THE CENTERLINE OF SAID BRISTOL STREET; THENCF_ ALONG SAID PARALLEL LINE, SOUTH 0'38'34` EAS7~ 27.48 FEET; FHENCE SOUTH 44"72'03" EAST 27.27 FEET TO SAID SOI.ITHERLY LINE; ~~HENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET. NORTH 89"02'43` WEST 28.50 FEET TQ THE POINT OF BEGYNNING. THE ABOVE DESCRIBED PARCEL OF LANG CONTAINS 7,380 SQUARE FFF.T (0.0312 ACRES). MORE OR LESS. ALL A9 SHOWN ON EXHIBIT °B". ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPEft~YY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH TYiE PROFESSIONAL LAND SURVEYOR'S ACT. R C-THARD C. MAFIER. P.L.S. 7584 DATE ''~''~ y LICENSE EXPIRES 72-37-07 ~u/z:c :r. NQ itSM t C page 7 et t Page 12 of 13 25D-15 EXN161T "C"' EASEMENT DEEQ ATTACHMENT furA~quis#ion Sattl>$mantA~re,aml~nt EXM181T "A" LEGAL DESCRIPTION (APN 008.23232) THAT CERTAIN PARCEL OF LANp IN THE CITY OF $AN7A ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19. PAGE 12 ~ MISCELLANEOUS MAPS. MORE PARTICULARLY DESCRIBED A3 FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (4p-FOOT HAIF- WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY GEED RECORDED IN BOOK 2248. PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0'38'34' EAST 65.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14-. THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°07'24" EAST 18.71 FEET: THENCE SOUTH 2°01'18° WEST 85.36 FEET TO SAID SOUTHERLY LINE: THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°05'04' WEST 14.85 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SOUARE FEET' (0.0307 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 AC7 i 94~ ~`'~ 11 t 07 0 ., RI HARD O, ER, P.L.S. 7584 DATE ppt f 8~j x LICENSE EXPIRES 1231-07 • N0.786f Of CAl\ _____._ fE74FilElIT "8" *1.i+iT TO ,+iGGOT4P/WY LlBe/~L t~ffiC.RIPTION ~' ~`~ o~ H I ~J OIL ~I~ i I b .. ..... ~ ... _. ___ ~ N89'02'431V ~_._._ - M YRTLE St '. SCl+IC~ t' =- 30' nRE'A~. t,33R ,. : 0.030? RC + K b9 Me :~ Inc. Z3 1 4 '!e. L I~ f M G 5 E 40 ~ HtS PLaT /.CC,GMPMSCS " LEUM. i1F.S F.nT1ilN . P Sin )M C J! yR:TT Dt N[, pR. UNOER NY pIRCCTILllt. /~ 34Q ~~)f,N l) J AfN OD8-~'2-d'j 'Rib!4RT1 1. MnHE'.R, ?I.S 'l95n RnT£. NV .'S6i Page 13 of 13 25D-16 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into this _ day of , 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 Socorro Guerrola De Navarro Family Trust (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 hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: (hereinafter "Said Real Property") described as follows: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as portion of 421 and 400 South Bristol Street, Santa Ana, CA, APN: 008-232-36, 32) 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. Convevance by Seller. Seller agrees to convey Said Real Property to City, by Easement Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveved. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title, except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($155,200) Page 1 of 14 Seller's Initials 25D-17 insuring City's title to Said Real Property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this PSA. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (hereinafter "Escrow Agent") within five (5) days from and after the date on which the City has approved this PSA. This PSA constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. The Escrow Agent hereby is empowered to act under this PSA, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this PSA, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this PSA. 5. Property Taxes. Such 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 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason 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 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, fixtures & equipment (improvements pertaining to the realty), good will (if any), severance damages, and bonus value (if applicable), the total cash sum of ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($155,200). Page 2 of 14 Seller's Initials 25D-18 City agrees to deposit said purchase price in escrow with the Escrow Agent within Sixty (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay said purchase price to Seller only after or concurrent with the satisfaction of the following conditions precedent: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of An Easement Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Easement Deed conveying Said Real Property to City. (e) City shall record the Easement Deed when purchase price is deposited with Escrow Agent. 7. Possession. Seller agrees to deliver to City, upon execution and/or recordation of the Easement Deed described and attached hereto EXHIBIT "D", quiet and peaceful possession of Said Real Property. 8. Intentionally Left Blank 9. 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. 10. Heirs. Assigns, Successors in Interest. 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. 11. 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. 12. 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 close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and includes payment for fixtures & equipment (improvements pertaining to the realty), Bonus Value, if any, and severance damages. 14. 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: Socorro Guerrola De Navarro Family Trust Attn: Leticia Navarro, Trustee 429 S. Bristol Street, Suite 2 Santa Ana, California 92703 Page 3 of 14 Seller's Initials 25D-19 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE 16. Agreement. Performance of this Agreement 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. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sew. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. Page 4 of 14 Seller's Initials 25D-20 19. 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, 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. 20. Contingency. It is understood and agreed between the parties hereto that the enforceability of this PSA, and the escrow created hereby, is contingent upon the express acceptance and approval of this PSA by City. The execution of this PSA by City, and the delivery of same to Escrow Agent, shall constitute said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. 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. 23. 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. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility 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. 26. 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. 27. 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. Page 5 of 14 Seller's Initials 25D-21 28. Apulicability 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. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, 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. The parties have executed this Agreement as of the date written below. FOR: I CITY /BUYER: Socorro Guerrola De Navarro Family Trust CITY OF SANTA ANA Leticia Navarro, Trustee BY: Date: , 2008 Date: , 2008 David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date: , 2008 Jose Sandoval Chief Assistant City Attorney ATTEST: By: Date: , 2008 Patricia E. Healy Clerk of the Council Page 6 of 14 Seller's Initials 25D-22 EXHIBIT "A" LEGAL DESCRIPTION (APN 008-232-36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 16 AND 17 OF TRAGT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEt31NNING AT THE It~ITERSEGTION OF THE SOUTHERLY LINE OF SAiD LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (4Cl-FOOT HALF- WIDTH} AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2266, PAGE 451 OF OFFICIAL RECORDS, THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF WAY CONVEYED TO THE GITY OF SANTA ANA BY DEED DATED JULY 10, 1951, NORTH 0°3H'34" EAST 9p.34 FEET' TO THE NORTHERLY LINE. OF SAID LOT 16; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°05`04" EAST 14.65 FEET; THENCE SOUTH 2°01'18" WEST 47.85 FEET TO A LINE PARALLEL WITH AND 53.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET, THENCE ALONG SAID PARALLEL LINE, SOUTH 0°38'34" EAST 27.46 FEET; THENCE SOUTH 44°12'03" EAST 21.27 FEET TO SAiD SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89°02'43" WEST 28.50 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,360 SQUARE FEET (0.0312 ACRES}, MARE 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 pIRECTIC3N IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR"S ACT.. NQ R CHARD G. ER, P,L.S. 7x64 j DAT/E ~ ' LICENSE EXPIRES 12-31-07 ~ E7I~!'I l rh NQ0. ?Slf+1 Page 7 of 14 Seller's Initials 25D-23 A A ..,~'C~1t'8CT "8~• rl~.-4T TO ,4rCC.C'iMP,~1~tY L~:6,4L t~L't Grt(1®TiC~t t= ~ ~I J ~ fib _.. -~ ~oj ti~g. ~ ~, ~~~+ ~:~~ ~~~ off' P - - _ N&9'02'43" VY SCALE: 3' = 30' AREA+ 3,364 S.f . / d.d312 AC. ~ THiS PLAT ACCLIP9PANIES A LEGAL DESCRiPTICM iJRITTEN_,$Y''HE"`pR UNDER MY DIRECTION. C. MAHER, PLS 7564 DATE Page 8 of 14 Seller's Initials 25D-24 EXHIBIT "A" LEGAL DESCRIPTIQN (APN 008-232-32} THAT CERTAIN PARCEL OF LAND iN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO, fi10, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF- WIDTH} AS CONVEYED TO THE CITY OF SANTA ANA BY DEED REGARDED IN BOOK 2246, PAGE 338 OF QFFICIAL RECORDS, THENCE. ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38'34" EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°07'24" EAST 16.71 FEET; THENCE SOUTH 2"01'18" WEST 85.36 FEET TO SAID SOUTHERLY LINE; THENGE ALONG SAiD SOUTHERLY LINE, NORTH 89°05'04" WEST 14,65 FEET TO THE POINT ©F BEGINNING. THE ABOVE DESCRIBED PARCEL QF LAND CQNTAINS 1,338 SQUARE FEET.. (0.{1307 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTIQN HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYQR'S AGT. t3~ ~ C. ~li9` ,~, ll t f3~ ~ a Rt HARD C. ER, P.L.S. 7564 DATE ¢~~~~„~,.,~ ~ LICENSE EXPIRES 12-31-07 l~IOF TI3B4 Page 9 of 14 Seller's Initials 25D-25 A A tXHi81T "B" P1..~+4T TO ,4~GGOMP,~htY L.t..~sArL. l7~SC~CIPTIG7N i ~~~ z ~~,. H~ NI .~ ..l ~ m ~~z m P aa' f 0 _ 189"02~'43"W h~~YR,TL~ 5T. SCALE` t' = 34' AREA: 1,338 S.F. / 11,0307 AC. t ~..-. 7NIS PLAT ACCCMPANTES A LEGAL DESCRIPTION .+j WRITT N BY M OR UNDER MY DIRECTION. .* EXP" 1s/~tt1o~ J Np. 7564 RICHARD C. MAHER, PLS 7564 DATE C~A~% Page 10 of 14 Seller's Initials 25D-26 EXHIBIT "C" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the perfection of title as of the date on which the transferring instruments referred to herein are recorded in the Office of the Orange County Recorder. All prorations made during escrow are to be made on the basis of a 360-day year and a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein and affected hereby, Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any Superior Court of competent jurisdiction, and to commence or defend any action or proceedings for the determination of such conflict. The Parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and discharged from all obligations imposed upon it in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 11 of 14 Seller's Initials 25D-27 EXHIBIT "D" EASEMENT DEED ii~'hrn recorded. pleasr ma'd this instnxaenf aad tax SptemeatS to: C'lertc of The Conntil C'its~ of Santa Aria 20 C'n'IC Crntrr Plaxa. \I-36 Saota..4ga, Calltarnia 93?DI Free rewrdigg requested by ITIE CITY- OF Jr1NTA Atvs1 PER GOVERNIVIF,I~TI' CODS SECTICIN 5103 CA.*3rEi RG[?3CY(tES:i ~Pi?t~S'E]SS DE4~a9T?O?i bESGYIPTia3: A.R RSV MAP PF.OSEC. i 4',UIS P4:&t:C 4;fi3S INAEC'i3-R WF.'REi•'SF CISE:REL`fi F. N3.P.d6EA Nl?Y18EEF. ht''~FA Dols-23"?-36,3? Ob-15170 ~ 421, C00 ~ $nstol, Santa Ana Calrfwrrra nEeowaos~ EASEMENT DEED FOR YAt.UABLE t:ONSID£RATlON, receipt of xrt7ich is hereby ackttowledged, Socarro Guerrota Ua Navano Family Trust Do Hereby GranE to THE CITY OF SANTA ANA, a charter city and municipal ctxporation duty organized under the Const4ution and taws of the State of Califamal, easement for public right-of-way txlrposes fa ~, ot7, over urxi~, and thrixrgh the r~ property in tf7e City of Santa Ana, County of Orange, State of Califomta, gated at 421, 400 S. t3ristol, legally described as fdbws: SEE EXHBIT °A" -Legal (?escriptian aml EXIiBIT `l3" - Graptnc matron, Attached tiere£o; 5ocarro Guerrola De Navarro Family Tsui Date: , 3f10t3 Leticia Navarro, Trustee STATE OF CALIFORNIA } ss. COL'N1'Y' OF } Ou ,?0073, befog tae. pnsmalh appeared . w1w proeed to rue m du basis of sasisfactrn rvukctce to be thr petxm{sl whose mrur(sj is~are sulxcribal to du within arsaaaunt and actmowledged ro the drat heistxithry rxecuted the carne sst his-lur'their authorised capauty(xs), and that by his''ha'their signanrre(sl m the insttament Ate prim{s) cx t1x. ditih span behalf of Much the person{s) acted- ececuted the instrainettt. I rrmh' tinder PENALTY OF PER7iRY undrr thr tats~s of dtr Starr of Catifaania that !hr foregoing paragraph is ttur and correct. SignarRUe SiGtaATi1RE C>F t+10TA.RY Pia@LIC PL44E NC>7Aaiy fiEF.L ABi71'E Page 12 of 14 Seller's Initials 25D-28 EXHIBIT "D" EASEMENT DEED ATTACHMENT EXHIBIT "A" LEGAL DESCRIPTION (APN 008-232-36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE. STATE OF CALIFORNIA. BEING A PORTION OF LOTS 78 AND 17 OF TRACT NO. 670, RECORDED IN BOOK 79. PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40.F007 HALF- WIDTHj AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BWK 2286, PAGE 451 OF OFFICIAL RECORDS, THENCE ALONG SAID EASTERLY RIGHT OF WAY ANO THE EASTERLY RIGHT OF WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 7857, NORTH 0"3834' EAST 90.34 FEE1" TU THE NORTHERLY LINE OF SAIC LOT 18. THENCE ALONG SAID NORTHERLY LINE, SOUTH 89'05'04" EAST 14.85 FEET: THENCE SOUTH 2"OT'78' WEST 47.89 FEET TO A LINE PARALLEL WITH ANb 53 50 FEET EASTERLY. MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET; THENCE ALONG SAID PARALLEL LINE. SOUTH 0"38'34' EAST 27.48 FEET; THENCE SOUTH 44"12'03' EAST 27 27 FEET TO 3AID SOUTHERLY LINE. THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89'02'43' WE8T 28.50 FEET TO THE POINT OF BEfi1NNIN6. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.380 SQUARE FEET (0.0312 ACRES). MORE OR LESS. ALL AS SHOWN ON EXHIBIT 'B", ATTAL't1ED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH 7'HE PROFEBSiONpI LAND SURVEYOR'S ACF. ~~ii R CHARD C. ~-IER, P.L.S. 7584 DATE y LICENSE EXPIRES 72-37-07 pOIf2hT{„/07/07 NQ T§~{ f Page 1 01 1 Page 13 of 14 Seller's Initials 25D-29 EXHIBIT "D" EASEMENT DEED ATTACHMENT EXHIBIT "A" LEGAL DESCRIPTION IAPN 008-232-32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19 PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE Of SAiD LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET {40-FOOT HALF- W1DTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2248, PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38'34° EAST 85.34 FEET TO THE NORTHERLY UNE OF THE SOUTH 40.13 FEET OF SAID LOT 14, THENCE ALONG SAID NORTHERLY LINE, SOUTH 88°0T24" £AST 18.71 FEET; THENCE SOUTH 2'01'18" WEST 85.36 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°05'04' WEST- 14.65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SQUARE FEET (0.0307 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 MV DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND S~U~R~V^~E~VO~R'3.~A~~C~T. ,~//J~ 7p i~~1o~ ._./RI HARD C. ER, P.L.S. 7584 DATE pp!1 P LICENSE EXPlRE3 12-31-07 r NO. tlet ~t~ rr~1~"- G%i4161T "II" PLAT TO AGGOMPANY 1.!'iAL 7~bGRIP'TION ~. ' ~y gip. I ~! !~ x ~~ ~;~ °s~ I„Irnn.~ sr. ~M A1ar~tli~n, IY.< , ^ u u~sws,:~ nns viwt xcw+na~rs .. i.,rn. ma~E:+nav Rnw"v.n- YRii• Hr , yz rryp[p MV ]IRECilr3: ~ /G1'L~G APN C09-im2-~" 2EiNAJ % "MrER. PAS "J'SdA S~Atf Page 14 of 14 Seller's Initials 25D-30