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HomeMy WebLinkAboutMDC LAS PALMAS, LLC 1 - 2009 y` N-2009-130 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS T IS AG EEMENT (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 MDC Las Palmas, LLC, et al. (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 of1501-1609 E. McFadden Avenue, Santa Ana, Ca) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1 • Convevance 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. (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. Proaerty 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 Seven Thousand One Hundred Sixty-Seven and No/100 Dollars ($7,167.00). 5. Deadline for Pavment of Purchase Price. City agrees to pay the purchase price of Seven Thousand One Hundred Sixty-Seven and No/100 Dollars ($7,167.00) to Seller within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property. 6• Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. 7. Possession. Seller 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 $52.92 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. 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: MDC Las Palmas, LLC c/o Master Development Corporation 4200 Von Karman Avenue Newport Beach, CA 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. 14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to Seller before September 30, 2009. 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, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, - permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or - transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity - shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 16. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 17. Partial Invalidity. Any provision of this PSA that is 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 Parly 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 (inform 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. 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 the cost to remove, relocate, reconstruct - and/or refurbish the following improvements located on the Property: i. portion of newly-landscaped setback 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: MDC Las Palmas, LLC Date: dG'1`• 2 , 2009 Date: ©GT L , 2009 City/Buyer City of Santa Ana ~ Date: P~ ~i ~ ~ O ~ , 2009 David N. Ream City Manager Attest: Date: I ~ , 2009 ~V Maria D. Huizar Clerk of the Council Approved as to Form: Joseph W. Fletcher City Attorney Date: ~Z. , 2009 Jo andoval S nior Managing Assistant City Attorney Coast Surveying, Inc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION LYN-PCL-1 THAT PORTION OF PARCEL NO. 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 28 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID PARCEL NO. 2 AND THE WESTERLY RIGHT OF WAY LINE OF LYON STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED JUNE 1, 1970 IN BOOK 9304, PAGE 267 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 50°32'05" WEST 14.82 FEET; THENCE SOUTH 00°06'11" EAST 18.23 FEET; THENCE SOUTH 45°06'05" EAST 13.34 FEET; THENCE SOUTH 00°06'09" EAST 6.12 FEET; THENCE SOUTH 45°06'15" EAST 2.81 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF LYON STREET; THENCE ALONG SAID WESTERLY LINE NORTH 00°05'54" WEST 26.34 FEET TO THE POINT OF BEGINNING. CONTAINING 232 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. ~ LAND s, GWEN-VERA DEL CASTILLO, PLS 5108 ~ L5. X108 ~ REGISTRATION EXPIRES 6/30/09 v EXP. 6/30/09 ~ ~F CA~~ Jn 107069-04 Santa Ana LYN-PCL-1 1 \ ~ NDY PLA= - ~ NORM ~ ~h ~ q `tih T I S~` ',p` ~ ~ ~ ~ ~ I 6 ` T. P. 0. B \ T.C.E. 7 1 P.O.C T.C.E. 5' ~ 5 I 2 ` $ ~ 9 ` ~ p kilo 0 0 X30 A~~ 4 10 I 3 4,', TEMPORARY CONSTRUCTION I EASEMENT 30' ~ BEARING DISTANCE ~ ~ 1 S50° 32' 05" E 14, 82' w 0 ~ 2 SO 0 ° 0 5' S4" E 26, 34' Z ~ ~ 3 S0 0° 0 5' S4" E 7,. 0 7' w c° J I 4 N36° 10' 19" W 27, 89' ~ ~ ~ 5 N00° 06' 11" W 24, 44' ~ 6 S50° 32' 05" E 6, 49' a, 7 S00° 06' 1 1" E 18. 23' 8 S45° 06' 05" E 13, 34' I 9 S00° 06' 09" E 6, 12' 10 S45° 06' 15" E 2, 81' dos 107-069 DATE: 7 07 08 SCALE: 1"=20' COI S7- SURVEYING, INC. SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TusTiN~ca1 2iao 65270P, SUITE e (714) 918-6266 ...\LYN-PCL-1.dgn 7/10/2008 11:50:11 AM When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CTI'I' OF SANTA ANA PER SPACE ABOVE THIS LINE FOR RECORDER'S USE GOVERNMENT CODE SECTION C)1 O3. Exhibit "C" CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A,p. R/R' MAP PROJECT TAXES FORM BY ATTY. DIltECTOR wRITTIN BY cIfficcI~ED-o.x. j~[ JT,IgER 402-322-15 N[nvffiER xOI"fBER x Portion of 1501-1609 E. McFadden Avenue, Santa Ana, CA DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MDC Las Palmas, LLC, a Delaware Limited Liability 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 1501-1609 McFadden Avenue, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; MDC Las Palmas, LLC agrees to indemnify, defend and hold the City of Santa Ana 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 this property transfer and recordation of this document. q For: MDC Las Palmas, LLC, a Date: ! ~ Z 6 Delaware Limited Liability Company By: Bruce McDonald, President By: Bryan Bentrott, Vice President State of California County of (~(~111~ On ~ D Z A~ b fo me ~ ? 6 _a Notary Public, personally appeared ll~.- ~ f a,~ tn. who proved to me on the basis of satisfactory evidence to be the p rson s~vhose names is~$['~ subscribed to the withi stnament and acknowled ed to me that-hrefsheftt~ey~executed the s e in ei authorized capaci ('es), and that by eir ignature~n the instrument the persor s~or the entity upon behalf of which the perso (s acted, execute a 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. _ L. KANE Co~M. it 1646956 N Noraer wreuc-cwFOerxa ~ owuroe c0urrtr klr Cow. ExP. Fee. 21, 4070 Signature (This area for official notary seal) Coast Surveying, Inc. July 9, 2008 EXHIBIT "A" LEGAL. DESCRIPTION LYN-PCL-1 THAT PORTION OF PARCEL NO. 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 28 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID PARCEL NO. 2 AND THE WESTERLY RIGHT OF WAY LINE OF LYON STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED JUNE 1, 1970 IN BOOK 9304, PAGE 267 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 50°32'05" WEST 14.82 FEET; THENCE SOUTH 00°06'11" EAST 18.23 FEET; THENCE SOUTH 45°06'05" EAST 13.34 FEET; THENCE SOUTH 00°06'09" EAST 6.12 FEET; THENCE SOUTH 45°06'15" EAST 2.81 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF LYON STREET; THENCE ALONG SAID WESTERLY LINE NORTH 00°05'54" WEST 26.34 FEET TO THE POINT OF BEGINNING. CONTAINING 232 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. 0 ~ AND- S, III cv`~~J~~ QEL c~~GF ~ ~ GWEN-VERA DEL CASTILLO, PLS 5108 ~ L.5. 5308 ~ REGISTRATION EXPIRES 6/30/09 ~ EXP. 6-30/09 ~fi CA~-~ Jn 107069-04 Santa Ana LYN-PCL-1 1 \ p~ACE . ~ ~ NOR=Y ~ ~ ~h q ~ ~ ~ !y ~ I 6 ~ T. P. 0. B \ T.C.E. 7 1 P.O.C T.C.E. 5' I 5 ~ ~ 2 8 \ 9 ~ G°? Flo 0 0 X30 / ~ 0 4 10 I pG°QG°3~C~L~ X100 ° ~ 3 TEMPORARY CONSTRUCTION W I EASEMENT 30' ~ BEARING DISTANCE ~ ~ 1 S50 ° 32' 0 5" E 14, 82' w C7 ~ 2 S00° 05' S4" E 26. 34' z ~ J I 3 S00° 05' S4" E 7, 07' N 4 N36° 10' 19" W 27. 8y' ~ 5 N00° 06' 1 1" W 24, 44' ~ o 6 S50 ° 32' 0 5" E 6, 49' a, 7 S00° 06' 1 1" E 18. 23' 8 S45° 06' 05" E 13. 34' 9 S00° 06' 09" E 6, 12' 10 S45° 06' 15" E 2. 81' roe 107-069 DATE: 7 07 08 CO,~1 S7- SURVEYING, INC. SCALE: 1 "=2O' 15031 PARKWAY LOOP, SUITE 8 SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780-6627 (714) 918-6266 ...1LYN-PCL-1.dgn 7/10/2008 11:50:11 AM 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RMI MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K NUMBER NUMBER NUMBER 402-322-15 Portion of 1501-1609 E. McFadden Avenue Santa Ana CA MAIL TAX STATEMENTS AS DIRECTED ABOVE Exhibit "D" TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MDC Las Palmas, LLC, a Delaware Limited Liability Company it 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 Califomia, , a temporary easement for purposes incidental to construct the proposed improvements to 1501-1609 McFadden Avenue, in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of Califomia, as described and depicted on "Temporary Construction Exhibits "A1" 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 adriveway 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 $52.92 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: By: ,Bruce McDonald, President Bryan Bentrott, Vice President Date: `0 Z , 2009 STATE OF CALIFORN~ }ss. COUNTY OF C~ ~ , On ~ O Z 009, before e, ~ ~ " ' y v~" personally appeared ~V~ C ~ aVl ,who proved to me on the basis of sati dory evidence to be the perso s) hose nam s re ubscribed to the within instrument and acknowledged to me tha he executed the same in ei authorized capacit es and that by heir ignatur (s on the instrument the person s~or the entity upon behalf of which the perso~s acted, executed the instrument. I certify under PENALTY OF PERJURY un r the laws of the State of California that the foregoing paragrap rt _ _ _ _ _ _ _ L. KANE ,n Couu.~ 1646956 V! NOTARY PUBLIC•GII.IfORNFA ORANGE COUNIY Signature ~Ir CouN. Exv. fEe. 21, 2010 SI OTARY PUBLIC Coast Surveying, Tilc. July 9, 2008 EXHIBIT "A-1" LEGAL DESCRIPTION LYN-PCL-1 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL NO. 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 28 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID PARCEL NO. 2 AND THE WESTERLY RIGHT OF WAY LINE OF LYON STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED JUNE 1, 1970 IN BOOK 9304, PAGE 267 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 50°32'05" WEST 14.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°06'11" EAST 18.23 FEET; THENCE SOUTH 45°06'05" EAST 13.34 FEET; THENCE SOUTH 00°06'09" EAST 6.12 FEET; THENCE SOUTH 45°06'15" EAST 2.81 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF LYON STREET; THENCE ALONG SAID WESTERLY LINE SOUTH 00°05'54" EAST 7.07 FEET; THENCE NORTH 36°10'19" WEST 27.89 FEET; THENCE NORTH 00°06'11" WEST 24.44 FEET TO SAID NORTHEASTERLY PARCEL LINE; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50°32'05" EAST 6.49 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 243 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DA.Y OF JULY, 2008. ~O ~ AND ~,G ~ P DE!', C h'G ° GWEN-VERA DEL CASTILLO, PLS 5108 ~ L.S. 5308 ~ REGISTRATION EXPIRES 6/30/09 ~ EXP. 6/3Q/09 4 ~F CA~~FO Jn 107069-04 Santa Ana LYN-PCL-1 TCE 1 \ p~ACE ~ ~ NOR~NQY ~ ~ ~h ~ h T \ ~1• ~ S ~ . ~ ~ .,Q . ~ ~ 6 T. P. 0. B T.C.E. \ 7 1 P.O.C T.C.E. 5' ~ 5 \ •,ti I 2 ~ 8 ~ 9 p ~l o 0 0 3 0O 0 4 1 o I pLaG~C~C~~ ~l~e ~ 3 TEMPORARY CONSTRUCTION „ I EASEMENT w 30' ~ BEARING DISTANCE ~ ~ 1 S50° 32' 05" E 14, 82' w 0 0 2 S00° 05' S4" E 26, 34' z ~ 3 S0 0° 0 5' S4" E 7, 0 7' J C° ~ I 4 N36° 10' 19" W 27. 89' ~ ~ ~ 5 N00° 06' 1 1" W 24, 44' ~ 6 S50 ° 32' 0 5" E 6, 49' a, 7 S00° 06' 1 1" E 18, 23' 8 S45° 06' 05" E 13, 34' 9 S00° 06' 09° E 6. 12' 10 S45° 06' 15" E 2, 81' J0B 107-069 DATE: 7 07 08 sCaLE: 1"-20' COST SURVEYING, INC. RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT ~sos~ PARKWAY LOOP, SUITE e SHEET 1 O F 1 rusnN, cA 92780-6527 (71 a) 918-6266 ...\LYN-PCL-1.dgn 7/10/2008 11:50:11 AM -~~R?iG!~~~L~- ~ t • ' -When recorded, please mail this Recorded in Official Records, Orange county r' instrument and tax statements to: Tom Daly, Clerk-Recorder - Illllllllllllllllllllllllllllllllllllllulllllllllllllllllllllll No FEE Clerk of the Council 2009000641876 3:16 m 11/30/09 City of Santa Ana P 20 Civic Center Plaza, M-30 143 414 G02 4 Santa Ana, California 92701 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 ~ ~i Free recording requested by I.,('~ THE CITY OF SANTA ANA PER SPACE ABOVE THIS LINE FOR RECORDER'S USE d GOVERNMENT CODE SECTION I O3. Exhibit "C" CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION TAXES FORM BY ATTY. DIItECTOR WRITTEN BY CF<ECKED-O.K. A'P~ R/l4' MAP PROIECT NU1vIBER 402-322-15 Ivtrn~ER NUMBER X Portion of 1501-1609 E. McFadden Avenue, Santa Ana, CA D D NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, N-209-130 MDC Las Palmas, LLC, a Delaware Limited Liability 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 1501-1609 McFadden Avenue, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; MDC Las Palmas, LLC agrees to indemnify, defend and hold the City of Santa Ana 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 this property transfer and recordation of this document. L d Z/~ 9 For: MDC Las Palmas, LLC, a Date: Delaware Limited Liability Company il!y~ i~% By: Bruce McDonald, President B B an Bentrott, Vice President Y~ rY State of California County of (-5 (t~.~p~ appeared `~f:~ ~ t~ ~ r c.~~,, a Notary Public, personally ~ ~ who proved to me on the basis of satisfactory evidence to be the p rson s whose nam isubscribed to the within instrument and acknowled ed to me that t e executed the same in-~fiisffter~h~authorized capacity(4~s and that by -knsfheFl~hes ignature~s on the instrument the person( or the entity upon behalf of which the person,~j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t KAN COMM. i~ 1646956 N rwTam rueuc~c~owtu N ~MN9E CO~ry ~ Mr Cows. ExP. F¢I.21,1010 Signature (This area for o icial notary sea Coast Surveying, Inc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION LYN-PCL-1 THAT PORTION OF PARCEL NO. 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 28 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID PARCEL NO. 2 AND THE WESTERLY RIGHT OF WAY LINE OF LYON STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED JUNE 1, 1970 IN BOOK 9304, PAGE 267 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 50°32'05" WEST 14.82 FEET; THENCE SOUTH 00°06'11" EAST 18.23 FEET; THENCE SOUTH 45°06'05" EAST 13.34 FEET; THENCE SOUTH 00°06'09" EAST 6.12 FEET; THENCE SOUTH 45°06'15" EAST 2.81 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF LYON STREET; THENCE ALONG SAID WESTERLY LINE NORTH 00°05'54" WEST 26.34 FEET TO THE POINT OF BEGINNING. CONTAINING 232 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. ~ ~ AND S ~=~J~p, DES c'`~'/pF 0 GWEN-VERA DEL CASTILLO, PLS 5108 c~ L,~. X108 0 ~ REGISTRATION EXPIRES 6/30/09 ~ ~xP. s/3a/o~ v F ~F CAL~FO Jn 107069-04 Santa Ana LYN-PCL-1 1 ~ \ ~ PLACE ~ NOR_ M~ Y ~ '9 ~ T ~ I \ I 6 ~ T.P.O. B T.C.E. \ 7 1 P.O.C ~ T.C.E. 5' 5 \ I 8 ~ ~ 9 \ pG~ilooo ~3O~~o 4 10 ~ G°~QG°~C~C~[~ ~lOo a ~ I 3 TEMPORARY CONSTRUCTION ~ I w EASEMENT 30' ~ BEARING DISTANCE ~ ~ 1 S50 ° 32' 0 5" E 14, 82' o z 2 SO 0 ° 0 5' S4" E 26. 34' ~ 4 N36° 10' 19" W 27, 8y' J ~ 5 N00° 06' 11" W 24. 44' 7 S00° 06' 11' E 18, 23' ~ 8 S45° 06' 05" E 13. 34' I 9 S00° 06' 09" E 6. 12' 10 S45° 06' 15" E 2, 81' Boa #:107-069 DATE: 7 07 08 SCALE: 1' =20 C0,~1 ST SURVEYING, INC. SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT ~sosi PARKWAY LOOP, suirE e ...\LYN-PCL-1.dgn 7/10/2008 11:50:11 AM rusriN, ca s2~ao-fis2~ (~~a) 918-6266 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by deed dated from N~~G t_as •pp. L ties L L L ~ D E~-~:wae l,l ~ l T~I= D LI I U ~ O M I~~~Y 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. f /I ~ ~ c ~ Date David N. Ream r . Witnes PROOF OF EXECUTION BY A SUBSCRIBING WITNESS STATE OF CALIFORNIA COUNTY OF ORANGE On ~ before me v (Date) (Name and title of th officer) personally appeared t,~ (Na a of person signing) who proved to me on the basis of satisfactory evidence to be the rson whose name~is/~ su scribed t the within instrument and acknowledged o me at /she/t y executed the same in h~her/thei authorized capacity(ie and that by hi /her/th it signature ) on the instrument the person( , or the entity upon behalYof which the perso acted executed the instrumen t. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c rrect. WITNESS nd nd seal. ~ _ _ _ _ _ _ _ _ CNRliTOPMER C~ AR- R- ~ p commlaton ~ 1760709 Signat a of O er ~ Pubnc • Colltondo Ororgs County Mr?Carryn f~neAup 4,2011 (Seal)