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HomeMy WebLinkAboutSANTA ANA AUTO MALL DEALERS ASSOCIATION - 2009N-2009-119 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on ~~~~„~~_ ~_~ 2 0 0 9 , 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 Santa Ana Auto Mall Dealers' Association, a California Limited Liability Company (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 EXHIBIT "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 331 Ritchey 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 Convened. (a) 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. (b) Seller agrees to convey to City a Temporary Construction Easement (hereinafter "TCE") as described in the attached Exhibit "A-1" and depicted on the attached Exhibit "B." The TCE is also described in greater detail in Exhibit "D," the TCE Deed, attached hereto and by this reference made a part hereof 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 and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of TWENTY-FIVE THOUSAND DOLLARS and No Cents ($25,000.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of TWENTY- FIVE THOUSAND DOLLARS and No Cents ($25,000.00) 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 hold the Grant Deed as an escrow holder and Buyer shall not record the Grant Deed until City has paid Seller the full purchase price for said Real Property and receive confirmation from Seller or Seller's counsel that the full purchase price has been received by Seller. Page 1 of 13 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. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of possession to the area described in Exhibit "A-1 ", "B" and "D" to perform the work described in Paragraph 25. However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48-hour prior written notice to perform the construction items listed in Paragraph 25 below. The right to use the property shall continue in effect for a period of six (6) months. All efforts shall be made to complete the described work within the proscribed period of time; however, extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period delineated above, and the occurrence is verified through the contractor or City/State project inspection logs, the Buyer agrees to pay at the rate of $49.17 per month, prorated to the actual date of Buyer's termination of use. It is further understood that in no event shall the Buyer's use of the property exceed the early of either the term of the TCE described above or the project completion date. Buyer agrees to indemnify and defend and hold the Seller and its members and agents 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 Buyer or Buyer's agents entry on to or performing work on the area described in Exhibit "A-1 ", "B" and "D." 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 92701, County of Orange, State of California. The mailing address of the Seller is: Ferruzzo &Ferruzzo, LLP Attn: Thomas G. Ferruzzo 3737 Birch Street, Suite 400 Newport Beach, California 92660 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 could have been raised in connection with the acquisition of Said Real Property by City. Page 2 of 13 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 November 30, 2009. 15. Condition of Property. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN ANY DOCUMENTS TD BE DELIVERED BY SELLER TO CITY AT THE CLOSING, SELLER HAS NOT MADE, AND CITY HAS NOT RELIED ON: ANY INFORMATION, PROMISE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PROPERTY TO BE CONVEYED HEREUNDER (WHETHER MADE BY SELLER, ON SELLER'S BEHALF OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY, TITLE TO OR THE BOUNDARIES OF THE PROPERTY, PEST CONTROL MATTERS, SOIL CONDITIONS, THE PRESENCE, EXISTENCE OR ABSENCE OF HAZARDOUS MATERIALS, TOXIC SUBSTANCES OR OTHER ENVIRONMENTAL MATTERS, COMPLIANCE WITH BUILDING, HEALTH, SAFETY, LAND USE AND ZONING LAWS, REGULATIONS AND ORDERS, STRUCTURAL AND OTHER ENGINEERING CHARACTERISTICS, TRAFFIC PATTERNS, MARKET DATA, ECONOMIC CONDITIONS OR PROJECTIONS, THE ADEQUACY OF THE PROPERTY FOR CITY'S INTENDED USE, AND ANY OTHER INFORMATION PERTAINING TO THE PROPERTY OR THE MARKET AND PHYSICAL ENVIRONMENTS IN WHICH IT IS LOCATED. THIS SECTION 15 SHALL SURVIVE THE CLOSING. 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 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 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 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. Page 3 of 13 25. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: NONE. (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of a planter strip, one (1) mature tree and approximately 50 linear feet of an 8-foot high CMU block wall, less the mitigation costs to rebuild approximately 10 linear feet of wall inside the TCE area. 26. 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: Santa Ana Auto Mall Dealers' Association By: Its: Date: /~ "'~ 3 ~ , 2009 City/Buyer City of Santa Ana ~./ David N. Ream City Manager Date: ~~"~ .3 , 2009 Attest: 4t/In~~ . f /1!/ Maria D. Huizar City Clerk Date: li_, 2009 Approved as to Form: Joseph W. Fletcher City Attorney Jos Sandoval Se for Managing Assistan City Attorney Date: ~c 1. s , 2009 Page 4 of 13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: ~X~'k81T ",~' Li~~-`~. CESi~,R':P'~aDN RIT~PCL-2 Tf ~'r'T ~Of~TION OF Pr`~~CEL NO. ;: it f'Nt~;EL P.1r~P NU. 8~, $S' ~ ';N Th{E GETY §~F vANTA fi.~JA. Cti^,~JNTY G'F CR~NCE, STATE OF CALIFwRNIA, AS SMt34°i'V CN ;z k~AE FILED iN F3C.50K 214). PAGES 45 THRCUC?Fi 47, INCLUSI~IE, GF PARCEt. ~~•1APS Itv THE flFF1CCvF THE COUNTY RECORDER CF SAi;~ CflUivT`~. G SCRIB==G AS FOLLCt'~~5: £3Ev^?NNINC AT THE h~1OST NORTHERLY CflRPtER OF SAID PARCEL NO. 3; THENCE ALONG THE'.'d;;STERLY i.INF OF SAID Pfi,RGFw? SCUT'-i ~J4`3~'~v^" ~,~i~ST 3~.I}d FEET TJ TIE Of:OiNNIN6 {7P A CGRVE t;QNCAVE NORTHEASTERLY ~?AV{NG A £~ADIUS CAF ~.t10 FEET; TiENC=; SO€ITHEASTERLY 4..83 FEET ALONG SA{D CUR'JE THROUGH A rrENTRAL ANGLE OF w5'26~~" TC7 THE BEGINNIItiG flF A RE;/ERSE CUR~lE CONCr1VE SCUTH'~'JESTERLY HAVI~ tG A RADIUS flF 7,t.~r FEET, A RfiGIAL BEARING TMRflUG~i SAIG POINT BEARS NORTH 3a"10'23' EAST; THENCE SflUTF(EASTERLY G.02 FEET ALONG SAtD CU2'!E "THRGU(i!I A C~.~tvTRAL A14GLE OF 49'17'16°; THENCE NflNTANvENT SOUTH A9'29"24" EAST 29.29 FEET TO THE NQRTHEASTERLY LINE flF SAID PARCEL, THENCE ALONG SAID NflRThEASTERLY LlN= NOtRTH 6~3'115c° V~iEST 44,48 FEET Tfl THE f'UINT OF BEINNING. C~'NTAINING 461 SQUARE FEET, hdC'RE OR LESS. ALL AS h~ORE PARTIC1LAsRLY Swi(7~r1'1'J ON EXHIBIT "B" ATTACHED HERETO AN~J h1AGE A PART I*EREflF. DATED THIS ta`t' DAY GF OCT(?BER. 2008. ' yyG G4'~/EN-VERA DEL CASTILLO, PLS 51178 `~~ ~ L.S. ~1CS ~ REGISTRATION EXPIRES 6r'30iG5 ~~ ~;~~. 6/301 Page 5 of 13 Temporary Construction Easement Exhibit "A-1" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS ,..__ ;_~ EXk{;BIT'A~1` LEGML DESCI~IP ~ iODI P'- ~~CL~2 TE~1nt~RARY COhS ikvCTICV EAS:~IIENT Tz-Ir1T PwRTIvN OF P.~RCEL NO, 3 ;F PARC'.L PvIAP NO 84-6$~. Iti THE COY OF SAf+ITA ANr"+, CGUNTY OF ORANGE, STA'`E OF CALIFOR~+il:9, AS SHO+>~~N ON A 14'lAp FILED IN B~JCiK 210, PAGES ~~ THROUGH ~', INCLUSIVE. OF PARCEL N,1FU'S IN Ti°iE CiFFICE OF THE COUNTY RECORDER OF SAID C~7UNTY, CE5CRI9>=D A5 FGLLC4"ds; CC3P.Iiv9ENCING AT THE ~1JOST NORTHERLY CORNER OF SAtfi ;PARCEL NO, 3; THE~lC AL(7NG TIIC'tVCTCfiLY LINO OF 3AID F'ARGEL SOUTH flG"'30'50' y°fEST 1~3.fl~ FEET Tt} THE 3RUE POINT QF BEGINNING, SAID POINT ALSO EEINt~ THE BEGINNING OF A CURVE CONGA`/E NORTI~IEASTERLY MiAVING A RA[31IS OF 5,00 FEET; THENC SOUTHE ASTERLY 4.83 FEET ALONG SAID CURVi~ THROUGH A CENTRAL ANGLE OF 5-~=~fl'2" 70 `tHE S"cGiNNiNG CF A t2E~tECCSE CUE~VI CONCAVE SOUTH°v~'ESTcRLY FiAViNG A }RADIUS OF 7.00 F'=ET, A RFILJEAL SEARING THRC}l1G:i SAII:} POCrtiil- BEARS NQRTH 35'1~i'23" EA5T; T}iENCE Si?UT}}EASTERLY 6.02 FEET AI.C}NG SAID CURVc TrROUG}~I A CENTRAL ANGLE OF 49°1i"15"; THENCE NGNTANGENT SOUTH 85.'29'24.' EAST 29.29 F fvT TO TfiIE NORTHEASTERLY LINE OF SA't7 PARCEL; THENCE ALONG SAIb Nf7RTHEAST~.RLY LINE SOUTH 50°11'x6" EAST 7.90 FEET: THE~JCE Nt?RTH 89'2~a'24" bVEST 40.54 FEr"T TO THE ~hrEST LIPJE OF SAID PARCEI.3; T~f=NCE AL{7NG SAfC? 'u'~IEST LINE NORT}I GD~30'Sfl" EAST 1G 13 FEET TO THE TRUE PUNT OF BEGINI'JING CG'NTAINING 21"SQUARE FEET, ft~It3RE C3R LESS. ALL AS ;tJORE PARTICULARLY ShiQ'~'JN ON EXHIBIT'S" ATTACHr;t7 H` C~ETCJ AND h},~'+E7E A PART HEREOF. CATED THIS `5" DAY OF OCfiOBER, 2008. / r ~ G4YEN-VERA DEL CAS ~ ILIO, PLS 5108 a' c5 L.S. ~IC~ REGISTRATION E.XPiRE5 fir'30r'0y ' Page 6 of 13 EXHIBIT "B" Graphical Depiction of Said Real Property & TCE `. `` ~.. '~ ~t I o,~' ~. ,,` 3 ! ~ _~_ ~. ~ }" b r/~ _ t P i/ ~'h ~y ~' F '~` ~; ~~ " ~ ~..! ~~~, ~ u "~ i +~~_ 1 ` ~ ` ~ '~ s ~ . r ` f f f, ~ .. ~~~ ~ 4 C.,t~ ' ~ s"-~ ..- i ~~ ~ ~ } /~F ..~ r ~~ ~. T, t ~ ~ ! i ~ • S _ .. . _r y_ °i~ .1_~Tt~ ~.. , a t ~ . ~ J ~t]+1b~ 7 ~.. ~ '~~ ~ 7 7 A ._ n 1 { 8 - { ~ ' ~ ~ C d is 4 i ~ i ~~ ~. ~'~ .~~ ; .. i _ . 5 ~~~,~1 ~~~ ~ • ~-~ ~n U _ ~r~ ~ r ~,A7~ 1't ~' t. ~ _ .e :~='{~E ~ {l~ i ,.' ~ E `.. T { '.~ I ~ ~. ~! I5G31 as ~ ~ ~ MaT L p. ~ __ ... .. _._..__'a ....~.....,,m.........._.~._.~,.,_....,.....~_.. ~!35TR+ G8 5 ' ~ 3 5 -'iii 9i&•d7afi Page 7 of 13 1/Vhen 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 USE GOVERNMENT CODE SECTION 6103. Exhibit "C" CANCEL TAXES X APPROVED AS TO FORM BY ATTY. APPROVED BY DIRECTOR DESCRIPTION WRITTEN BY DESCRIPTION CHECKED-O. K. A,P. NUMBER 402-112-07 R/W MAP NUMBER PROTECT NUMBER Portion of 331 Ritchey Stree[, Santa Ana, CA 92701 DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SANTA ANA AUTO MALL DEALERS' ASSOCIATION, A CALIFORNIA LIMITED LIABILTIY COMPANY 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 331 Ritchey Street, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: State of California County of On SPACE ABOVE THIS LINE FOR RECORDER'S SANTA ANA AUTO MALL DEALERS' ASSOCIATION By: Jeff West, President a Notary Public, personally who proved to me on the name(s) is/are subscribed to the within instrument and ~e in his/her/their authorized capacity(ies), and that by or the entity upon behalf of which the person(s) acted, before me, appeared basis of satisfactory evidence to be the person(s) whose acknowledged to me that he/she/they executed the san his/her/their signature(s) on the instrument the person(s), 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 (This area for official notary seal) Page 8 of 13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: ,YI~?lBIT ,~;. LEGAL L:ESCR',F'Ti~7N RIT•PCL•?. THAT ?(JRTI~;N t,F ?::-~,^,Ei NQ. 3 C3I~ Fr1F~i:EL MriP NU. 8±•88-', Its THE CITY CF SANTA ANA, C~QUhJTY CAF GRANGE, STATE 47F CALIFORNIA. AS SHG"~'~~) CN A 1,3AY FILED iN BOC;'K 21~J, PiaGES 1S THFtvJGH Q7. INCLUSi~IE, Gr PARCEL ~~EA4~5 IPJ THE OFFICE o THE CUUNTY RECGRI7ER laF Sr''~ID COUNTY, DESCRIBED AS FOLl.OS"i5: SEGNNI'JU AT ThIE 1,~GST +~GRTHERLY CORNER OF SAID raAi2CEL N{~. 3; THENCE ALONG THE 4'~+cSTERLY LINE of S=~iQ PARCEL SOUTH 4G`3v~~7" ~JES't' ~~.©~ FEET Ts~ TF1E F3EGiNNING OF A CURVE CONCA}rE NORTHEASTERLY HAVING A 12ADIUS CTF 3.t~0 FEET; THEME S~JUTHEA$7ER.Y A B9 FI=t_7 ALONG SAID CURVE THROI,tGH A CENTRAL ANGLE OF S'20't7` TO THE BEGINNivG OF A REt/ERSE CURVE CONCAVE SCUTHU'JESTEr~LY HAVIIt1G A RAd1US OF 7.0i; FEET, A RADIAL EIEARING THROUGH SAId POINT BEAR$ N~?RTH 35"1023" EAST; 7hENCE 5OUTHEASTERIY 8.02 FEET ALONG S.AIrJ CURVL THROUGH A CENTRAL ~+a'~GLE OF d9'1T1S"; THENCE NDNTt1NGENT SUUTh1 B9"29'24" EAST 24.?,~ FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG SAiD NORTI?EAS TERLY LfNE NORTH 50`11`5v"" 1t1E5T d4.48 FEET TO THE POINT C1F BEuJP(NING_ CONTAIN>Nv 481 SGtA E FEET, fv1GRE OR LESS. ALL AS P~90RE PARTICULARLY SHO~:4'N ON EXHIBIT "B° ATTACHED HERETQ AN~J ~'~ADE A Pr'1RT rEREOF. DA'ED THIS 1 r DAY OF OCTOE3ER. 2008. r ~ r" x Gv~JENrVERA DEL CASTLLO, ?LS X10$ ~`{~ L.S. ~iD~ ~ REGISTRATION EXPIRES Br30fG9 J~~ .~ 1£XP. b j3tl/~J9~ r Page 9 of 13 EXHIBIT "B" Graphical Depiction of Said Real Property & TCE 1 •4 { V., ~ t .»1 b i Sw 4~~~1 3 i ,:. ~•~ . } 3 I 1 F;' 1 l.; ( r i µf 1.~.~ ~ ~ £ ~ . ~~~ T ~.~., { ~ ' ~ w 'ti~ ~ ..W .~_,.. { - ~ C!' r -. t7(~~ \ F ' - ,a. .. jam 1 i g{ 3 ~~' ~~ .~ ..~. i~,., BSI, ~'f 1~~ ... ...~.. ~ ZYx ~.~. ~`~. \~ "~ ~j ~~ ~~\ ~~ ~~ ..~.f ' _ ~. 51 ~ 3k .. )t•j n. 11 S.F ~u`. J1Y1 .R ~... 1a ~ ..,. { I f .} ';} .~ ' I '3 r. v~ s ? ~, r ~~_..L. ~ ~ v ~ ~ i .~,"'F i ~ ~~ ; ~ - oaf E !,~. { ,' ~. #'~'^,~t ~ .;~!{(S ~ isabl a.rrK~ea, i~F w ,1: a fiu €{r, ~ ~p;T ~r.~ o - ~ _--_~..__ ..~~_ . ~ + ~ awe r Ise a.., Page 10 of 13 Nhen recorded, please mail this nstrument and tax statements to: clerk of the Council amity of Santa Ana ?0 Civic Center Plaza, M-36 Santa Ana, California 92701 =ree recording requested by tHE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 :ANGEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. R/W MAP PROJECT rAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER 402-112-07 Portion of 331 Ritche Street, Santa Ana, California TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SANTA ANA AUTO MALL DEALERS' ASSOCIATION, A CALIFORNIA LIMITED LIABILTIY COMPANY Does 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, , a temporary easement for purposes incidental to construct the proposed improvements to 331 Ritchey Street, in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, as described and depicted on "Temporary Construction Exhibits "A-1" and "B", which is attached hereto by reference and made a part hereof. This permission is granted subject to the following conditions being fulfilled by City: (A) Additional construction parameters within the Temporary Construction area will be as follows: (B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one-half of a driveway approach at a time may be required. At no time, the contractor shall block access to the business during construction. (C) City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the City is liable in the exercise of the rights herein granted. It is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry of owner's property by City's contractor. In the event' that actual use extends beyond 6-months, and said use is verified through the City's/State contractor log, the City shall pay the owner at the rate of $49.17 per month prorated to the actual date said use terminates. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than August, 2011. By: Jeff West, President STATE OF CALIFORNIA }ss. COUNTY OF >. On ,2009, before me, personally appeared Date: , 2009 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) 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. Signature SIGNATURE OF NOTARY PUBLIC PLACE NOTARY SEAL ABOVE Page 11 of 13 SF'AGt AI3UVE THIS I INF F(~R RFC'(1RI1FR'Q I ICF Temporary Construction Easement Exhibit "A-1" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS ..~ .. , ....~:~; EXHIBIT ',~~ i° LEGAL CESCi?Ir"11;3;'~i c,~- ~=Ct~~2 ~ _~.1FC7RAf?Y t;i1NSTkiC7'I~`,'N Ei~Sch~ENT T-I~tT P;'RTIflAJ CF PAr~CE~ NG. 3 CAF PP,RCEL'a1r"+P ddG. u~}-8~~=, I*~ TF~E CiY C7F $ANt,~ ANA, COCNTY 13F CRANG'=, STA"E tJF C,~.~ IFC.^~NI~~, t1S SH13,1'N QN A h1r;P FIIEC ItU BGOK 21C), PAGES ~~ THROUGH ~#?, INC1.UGilr~E, OF PARCEL f.9AP5 IN THE OFFICE CAF THE COUNTY RECsJRG~ER OF SAID COUNTY, i3ESCRIBED AS FOLLO~£d5. C~~1dv4EJCING AT THE ~1GST NORTHERLY CJk~JER GF S,~a{7 PE,;3C'E':. NC. a; Ti~E~iC_ AlC}NG Ti IE'PJEuTGIiIY LIN[ OF SAIJ PARCEL aUUTH (3G"'3p"54I" b'•1EST 19.04 FEET TC1 THE TRUE PgiN7 OF BEGINNING, SAiO POINT ALSO B"c-NG THE BEGINNING OF A CUR~JE CONGA`/E NORTHEASTERLY HAVING A RAt31US OF 5.Gt3 FEET; THENCE. S(7IJTHEASTERI.Y A.83 FEET ALOP7G SAIL CURVE THROUGH A C=NTRAL ANGLE OF ;i;`2L~27` TO TFiE BEGINN#NG C3F A REV[RSE CURVE CONCAVE SflUT11U'JESTERLY h?At~fNG A f7AGIUS OF 7.Ofl F'wET, A RADIAL BEARING THROUGH SA€D t~01'~T BEARS tORTH 3~'1Q`23" EAST. TFIENCE S4UThEASTERLY 6.132 FEET ALC3NG SAID CURVE Tle#ROUGH A CENTRAi. ANGLE OF 4'17`15"; THENCE NONTAN~ENT 50UTl~t 89°2.4'24` EAST 29.25 i-EET TO T~tE NORTHEASTERLY l1NE OF SAl17 PARCEL; THENCE ALONG SAID Nt7RTHEASTERLY LINE SOUTH uG'11'~6" EAST 7.~4 FEET; THENCE NORTf~ 89'29'24° ~l~'E5T4G.5q FEET TQ ThiE wlEST LINE C?F SAID PARCEL ~,' THENCE ALONp SAID ~'~EST LINE N(3R'C}~i 90"3J"5~'" EAST "4 13 FEET Tt THE TRUE POINT OF BEGINNING. ff~drTAiNING 21' SQUARE FEET, A•IORE OR L"r_SS, ALL AS ~10RF PARTICULARLY SMt}Y°~`N t}QW EXHIBIT "8" ATTACHE( HERETO AND I~~AJE A PART HEE~Et?F. GATED TH#S 'S'" L7AY OF OCTOBER, 2U08. ~ ~ A;+d~ ~ f ~`'4'c~~ CEt ~ ~ L ~' , `GV+1LN-VERA GEL CAST~ILLO, PLS 51U8 ~''`~ L.S. ~i,^,$ ~ REGISTRATIQN ~XPIRE5 6r3t3f09 ".~~I;tP, S f 3r3 Jrp.~~ i+L Page 12 of 13 EXHIBIT "B" Graphical Depiction of Said Real Property & TCE 1 ~i~ :.... ',., ~.~ ~, v ~~ r_E~~~'"5 --. ~: ' ~~ ~ ~-~ ',,' '~ 4;+-t +~r,; ~.., ~~~~; Z~,' >.. ,~ `'~ '`°~ ~`~ `~ ,.-; ~~ ~ ,. ~'`r, f~~• ih.`~ .~ r.. 'ti '~ , ~~ .~1 -,_ ~:' ,a - ri r"- . U ~`~f tz~~ v... ~,svn.t , .f ` ~Yr J t .A ~a y v - l I , .a t~ - ~ ~ i; i i ' ~ 1 ~ '1 1t ... ~ :. y 1~ Y ~ f i w" . ~ .. ~ i Y ry 'f y ~ ~ :'~ I~ ~. ~ y~~ ~ C~ ~ `-~~ ` i ~ _r ~, ~~c ~ a, N, ~ n ~ ~Y l ._ t ~6 i ds.~~Y € r :..1.' Page 13 of 13 '~, `*.~. ~- '~., .~. , Nhen recorded, please mail this nstnament grid tax statements to: ~lerk of the Council amity of Santa Ana ?0 Civic Center Plaza, M-36 Santa Ana, California 92701 =ree recording requested by SHE CITY OF SANTA ANA PER GOVERNMENT CODE SECT!OP! 5103 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIilllllll No FEE 2009000641883 3:22 pm 11/30/09 143 414 E01 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. R!W MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER 402-112-07 Portion of 331 Ritche Street, Santa Ana, California TEMPORARY CONSTRUCTION EASEMENT DEED I v - 02ppC~~9 - ~~ q FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CrOSS Ilt3~; Deed ~3,~q SANTA ANA AUTO MALL DEALERS' ASSOCIATION, A CALIFORNIA LIMITED LIABILTIY COMPANY Does 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, , a temporary easement for purposes incidental to construct the proposed improvements to 331 Ritchey Street, in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, as described and depicted on "Temporary Construction Exhibits "A-1"and "B", which is attached hereto by reference and made a part hereof. This permission is granted subject to the following conditions being fulfilled by City: (A) Additional construction parameters within the Temporary Construction area will be as follows: (B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one-half of a driveway approach at a time may be required. At no time, the contractor shall block access to the business during construction. (C) City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the City is liable in the exercise of the rights herein granted. It is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry of owner's property by City's contractor. In the event' that actual use extends beyond 6-months, and said use is verified through the City's/State contractor log, the City shall pay the owner at the rate of $49.17 per month prorated to the actual date said use terminates. This easement shall terminate upon completion of said construction and in a~4qy event shall cease and terminate not later than August, 2011. \ ~ .`-- By.~_______~r~~a ~~~~~.__ Date: ~ t ~ ~ .2009 STATE OF CALIFORNIA }ss. COUNTY OF ~I~~~`± ~~~%r!_. } 1 t ,. On ,2009, before me, ~ . ~ . , ^.. ~ ~ .) =n" ~ 'J /S!~ ~ 1 ~`L ' /. ,_---_ -- personally appeared ~~'~: ,n' +1.-, t ' ~ , _ r ,- ___ ' r- . ~ ,who proved to me on the basis of satisfactory evidence to be the persopfs) whose ~__ = - name,~~is/afe subscribed to the within instrument and acknowledged to me thajfie/stlefthey executed the same in hislberJttreir authorized capacity(jras), and that bK"Fils7tlerHtretrsignatuTe(s) on the instrument the person(s) or the entity upon behalf of which the personO acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragra~.or ~-~ L. KANE CoMM.~ 1646956 re .~ NOTARY PUBLN:-CALIFORNU ~' Signature -"' ~ ~._~ - '" N ORANGE l,ouNYr Mr COMM. EXP. FEB, 2t,1010'~ SIG TU OF NOTARY PUBLIC AL ABOVE l~~ -~ ) ~/ ~~/ ,~ ~-`' ~~~ Page 11 of 13 . . Temporary Construction Easement Exhibit "A-1" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, SELLER OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS _.~, .. .: LEu.AL DESC;J?Ir"?"IC?I+J i ~.~{w ORAf?Y CCINSJ'h;;C { I~'N u1ScP,7ElV' T-#,~T I~~GRTIGI•J G'F Prr~CEL NG. 3 GF PF,R~,,EL v1r1i7 NC. 8J-$8», 1?J'f~E CIS v' CF SANT.~ ANA, CC'UNTY OF vRANG'E, STA"E t7F CALIFORNIA, r^,S SHU3;L'N ON A hiAP FlLE,O ICJ E#v9K 21d, PAGES d~ T~IROUGH 47, INCLU~~~~E, CF PARCEL C~9AP5 IN THE GFF~CE CF T?i- COUNTY RECORDER OF SAID COUNTY, JES,RiSEO ~tS FOLL rt~'rS; C~}I~r1~riE`JCING AT THE It~10ST NORTHERLY CJF<Td'=R CF Si,JG ?,tti;{CEw NJ. ,3; TFiE.'JC'= AILING TiIG ;"JCCTGriIY LINL t7F SAID Pr~RCEL a4UTH {7C"'34"$fl°' d~:EST i~.C~d FEET TC1 T~iE tRttE POINT OF BEGINNING, S~k#D POINT ALSO ~EJNG THE 6Ei~INNING OF A CU~RV~, CCNGA`!E NORT?#EASTERLY h1AVING A RttD{'v'S OF 5.~?J FEET; THENCE SOUTHEASTERLY d.83 FEET AtGNG SAJD GURVE TMRt7UGH A CENTR.~L ANGJ.' OF ;>5'2~`27' TO THE 6EGINNJNG OF A RED/ERSE CURVE. CONCAVE SGUTH'~JES`C`ERLY HAVING !~ RAU#U$" OF 7 JJtI FEET, .~ Rr'tDlAL SEARING THROUGJ"J 5AD POI~sT BEARS NC3RTH ?~'1©`23" EAST. THENCE 54UTMEASTERLY 6.Q2 FEET ALC3P~#G SAID CURVE fkJROUGN A CENTRAL ANGLE OF d~'1715"; THENGE NGNTANGENT 50UT~1 8~°2924° EAST 29,25 FEET TO T:-tE NORTHEASTERLY LltvE OF SA1[7 PARCEL; THENCE ALONG SA#D Nt~RT~iEr~STERLY LINE SOUTH 5G'11'~B" EAST 7.9G~ FEET; THENCE {VC3RfiFf 89~29'`2d° ~1~E5T 44 54 FEET TO `i HE WEST LIME OF SAID PARCEL 3; T~lENCE ALO#VG SAILI '"JEST LIME NORTH C0''"s0'3Cf" EAST'k 13 FEET TG THE TRUE POINT OF SEC#NNING ~ONTAJN#NG 21' SQUARE FEET, ktORE OR LESS. ALL AS t,10RE FARTJCULARLY SHC}~;r N OJV EXHJ6IT `S" ATTACHEC) HERETU AND A1ADE A PART HEREOF. GATED THJS 'S'4 DAY OF OCTOEiER. 2{l€J8. 'GL'4"EN-VERA GEL CAS; ILLO, PLS 51U8 REGISTRATION EkPIRES 6i3i1U9 ~' ~~ ~, CEt. ~ ~~ ~~~ ~ `~~ _ ~ ~ ~'S~ L.S. ti-v8 L~ ~.~~ 1,. i, Page 12 of 13 . . EXHIBIT "B" Graphical Depiction of Said Real Property & TCE i ~.` >. t.. ~~. ,~. 3 `,..., t~br <'= i I i ~ } 7 i ~~ .~... ~ ~ E ~ ~. ~. . E ~: ' ~` - , ~~~ i ; ;; ~ ; ,.rt 1 ~ 'ti. .~ 4 ti v ~"~r y ~ 1 ~~~J o 1`~.~.'~ ~`'y .. ` -.. ~. t . _. . ~, _ ~ t f r E r ' "Tt , - "~ Ili . . . .. u E :i j r) r ax rr .~ !r ~ ~~ ~ 4 ~ f ., ~ ~ - .~ } I r r~ ro ff3 1 L~ r ~~.r~r f~nrt 1 .» ~~ ~.,..ee ~. ' ti ~ , I a ~? 1 ... r.l s".:r ~:i r ! ~~~ ~1 (!l't ~~ ~' 1 Mfr f aT~ ~~ ' a u~ _ . f z j ~_~_? SCA4C_ .. W.~ , .._ ~~ ~ _ ~~ _ F`~~ /~ r ~r~r ~ r?E 1 `T ~r r ,~j' ~ ', I.-,; ~ ~ u r x,.efroav r, y a R,T P`i 1 '~ tlr:Er-r t I'~~' Ca. ~,.4 r_' ' .-,i.' -_'~ ~.. _~ iv wt» to S 75C 6 ~~ ....a v r ~,.~ Page 13 of 13 +' CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by deed dated from SQ1.lr,6, A~~ Quro Ivl4t,t, bEA~LER~r ASSQG~T-to>Ll. a l.~l,lFORti1~~. Ulull`tED I,IA$It.llY CO~~A~-lY 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 and accepted 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. 9 ~ Date: David N. Ream Wi ess PROOF OF EXECUTION BY A SUBSCRIBING WITNESS STATE OF CALIFORNIA COUNTY OF ORANGE On ~` 1!J-~~j before me ~..1~1h ~n,ar (Date) ic. (Name and title of the officer) personally appeared (~ ice, (;jp~JV~,e~ (Name of person signing) who proved to me on the basis of satisfactory evidence to be the erson(~ whose namefGa~ is/~ su scribed to the within instrument and acknowledged to me t at she/try executed the same in h~her/the authorized capacity(i~, and that by hi /her/th ~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person~acte 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. WITNE a da icial seal. I>iTOHF1ER CARRIttO Co1lRrnhtlpn t i 7807Q9 Nobry PuDNc - Calltornla Signa ure o Officer Orange County MNCarm. ExpMesAtp9.2011 (Seal)