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HomeMy WebLinkAboutKINCO REDHILL (2) - 20104r;,~URAt• ,-!.;i~=t~Cu A-2010-002 ' CLERK ~F ~OiJNCIL NhTF ~ ~Z4S~ ~ ~ ~~ PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on January 4, 2 01 0 , 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 Kinco r ~ Redhill, LLC a California limited liability company (hereinafter "Seller"), regardless of number or gender; f> ~~ THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and N subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City ~`j agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property") legally described and depicted as follows: ~. SEE Attachment 1 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 2850 Redhill 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. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Quitclaim 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 Quitclaim Deed. (b) Seller also agrees to convey to City a Temporary Landscape Easement (hereinafter "TLE") as described in "Attachment 2", attached hereto and by this reference made a part hereof. (c) Seller also agrees to execute a License and Right of Entry Agreement (hereinafter "ROE") as described in "Attachment 3", attached hereto and by this reference made a part hereof. 3. Intentionally Omitted. 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 TLE, the total sum of ONE HUNDRED TWENTY TWO THOUSAND SIXTY FIVE DOLLARS and No Cents ($122,065.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of ONE HUNDRED TWENTY TWO THOUSAND SIXTY FIVE DOLLARS and No Cents ($122,065.00) to Seller within THIRTY (30) days from receipt of a fully executed Quitclaim Deed and TLE, and confirmation that Seller has marketable title to Said Real Property. 6. Recordation of Deed. Buyer shall hold the Quitclaim Deed and TLE as an escrow holder and Buyer shall not record 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. For purposes of this agreement, the City shall be referred to as Escrow Agent. Page 1 of 16 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, which shall be made free by Seller of all personal property. 8. Intentionally Omitted. 9. Waivers. The waiver by either party of any breach of any covenant or agreement herein contained on the part of the other party 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. Sel permission to enter upon said real property at all purpose of making necessary inspections. 'r hereby grants City, and its authorized agents, reasonable times prior to close of escrow for the 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), goodwill (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: PJMB Commercial ATTN: Marc Barkdull 7060 Koll Center Pkwy, Suite 334 Pleasanton, CA 94566-3109 15. Exceptions. City agrees to accept title to subject to existing encumbrances. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their 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 Gity. 17. Hazardous Waste. Seller has informed City (for which City was already aware) that the site is over an existing plume that is being cleaned up and monitored by others, and for which Seller is not responsible. 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 Page 2 of 16 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 seq. (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 seg. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. Except for the known Hazardous Material plume in the ground water and related contamination noted in Section 17 above, to Seller's reasonable 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. 19. Intentionally Omitted. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes 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 Page 3 of 16 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. 28. Applicability of Aqreement 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 Aqreement. 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. 30. Incorporation of Exhibits. All Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below SELLER: Kinco Redhill, LLC, A C ~ 'a limited liability company r By Its: CITY/BUYER: CITY OF SAN~,q ANq~ 0 ; `~ ,r, David N. Ream City Manager ATTEST: BY: ~R.. .~ • Dated ~~ ~ aria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher----.., City Attey -' ~ Jae Sandoval ~%'' C~iief Assistant City Attoxney Page 4 of 16 Attachment 1 LEGAL DESCRIPTION REDHILL AVENUE BNSF R-',ILWaY CITY OF SANTA ANA That certain parcel of land situated in the City of Santa Ana, County of Orange, State of California, being that portion of Parcel I and that portion of Parcel 2 of Parcel Ivfap No. 98-187 as shown on a map thereof filed in Book 306, Pales 47 and 48 of Parcel Maps in the Office of Ilic. County ltr.cordcr of said Urungc Cuunty, dcsctihccl a; Cullot,-s: CONIiv1ENCING at the southeasterly terminus of that certain course in the southwesterly line of Parcel 2 shown as "North 49°20'58" West 341.30 feet" on said Parcel Nlap No. 98-187; thence along said southwesterly line North 49°20'52" West 13.23 feet; thence leaving said southwesterly Iine North 85°49'30" East 38.07 feet to a line parallel with and l 1.24 feet northwesterly of the southeasterly line of said Parcel 2; thence along said parallel line North 40°36'36" East 509.24 feet; thence leaving said parallel line North 39°39'19" East 33.73 feet to a point in the southwesterly line of that certain parcel as described in that Grant of Easement to The Atchison, Topeka and Santa Fe Railway Company (AT&SF) recorded June 15, 1966 in Book 7962, Page 62 of Official Records in said Office of the County Recorder of Orange County, said point being the TRUE POINT OF BEGINNING; thence North 39°39'19" East 34.01 feet to a point in the northeasterly line of said AT&SF parcel distant thereon North 49°20'53" West 12.36 feet from the southeasterly line of Parcel 1 of said parcel map; thence along said northeasterly line South 49°20'53" East 12.36 feet to said southeasterly line of Parcel l; thence along said southeasterly line of Parcel 1 and Parcel 2 South 40°36'36" West 34.00 feet to the southwesterly line of said AT&SF parcel; thence along said southwesterly line North 49°20'53" West 11.80 feet to the TRUE POINT OF BEGINNING. CONTAINING: 4 i I Square Feet, more or less. SUBJECT TO all Covenants, Rights, Rights-of-~Vay and Easements of Record. EXHIBIT'~B" attached and by this reference made a part hereof. 1 /S T / l 2oa~ Kurt R. Troxell, L.S. 7854 Date H:lpdatall OIO40S 1~Admin\Iegals~4041•LGL•I S.doc /~ LAND SU9\ `~ F KURT R. a -~ TROXEl1 ~' C~ Valid T8 n o gA \Q" 17gU20tG ~q~F t7F C A~-~~~~ Page 5 of 16 Attachment 1 Exhibit 8 P.1~~1.8, ~1~0/~7_,~a ~Pi~i HBO- J 81-2~ SE'LY LI~~IE FCL. 1~ PROPOSED R/'N~ ^I 1L0 ENSF RAIL'NAY (rORIUERLY AT&SF) ~ 5 30'130' 60' ----------- O.R. 7~f62~ M) -- 16 NE LY L[I~E O.R. 7962/62 14 -~'_= _~----f=- _-' - _- S'8'LY LIME O.R. 7962/62 ~- ~ ~ I I I I T.P.0,8. 3 7 cii co `~ ~ R1 U Ctl u-~ ~~ ~^ ~ co lsl a.. ~Y~. ,, d'~b ^~ ~_, ~~ L.1 ~- U LQ l - -c - -- O.R. 8450/651 11.7.4 '---i I . c i-'- ~ U, { Pakrc ~ a ` N ~ I P.'~RCr L >•~1P N~ JB~ 1~ ~ I a o ~ ~ . P.M.B. 30~/-',7 -~~ ~ I ~ ~ w Z _, I A PN ~.3~J-- ] c~ ~ -2 0 ~ ; to > `^' I Z Im .-. ~ J LLi U I N I m ~ I _..1 . ~ CQ DATA TABLE ~. ~, ~ ~ = Z..~ ____ - _ --_--- ___-___ NO. 6RNG/DELTA RADIUS LENGTH ~U I U N Q I -------------------- ---- -------- ~ ,-. - a ~ 1 N49'20'S2"W -- --- 13.23' J N - ~ o"'I C3~ ~ 2 N85d49'30"E 38.07' ~ g ~ °I M 3 -- N39'39'19"E 33 73' I w ~ `~7"' I° z 4 N39'39'19"E . 34.01' v , w ~ w `' I 5 __ 549'20'53"E 12 36' • ~ ~ o 6 540' 36 ' 36 "W -- . 34 00' " ' I 7 N49'20'S3"W __ . 11.80' °I ."`D'"~' 8 I 585'37'52"W -- (N85'37'46"E 35.37' ' Z ° zl -- 35.37 ) I ~-I I I 2 S'N LY LINE PCL. 2~_ ~I 11.24' -{ 120' I 30' 30' 60' a~ N49; 20'S2;'W 341.30' o -~' _.__ r' I~(,N49 20'S8'W 341_30' ''~ - N49'20'S2"W 657.23' ~(N49'20'S8"W 657.23') ~, DEERE AVENUE SXETC3{ 70 ACOOAIPAhY A LEGAL aE5OR1Pi1CN FOR REDHILL AVENUE BNSF RAILWAY CIlY OF SANTA ANA CONTAINING: 411 SQUARE FEET t NOTE: ( )INDICATES RECORD DATA PER P.I~, N0. 98-187, P,M.B. 306/47-48 SHEET i OF 1 SHEET PLAN KING ^ OCSIDN ^ CON 9TRU CTI CIN ^ ^ ^ t.ns urcn P.wxw~r C O N S V L71 N G ~~ ~'~~~ 42677027 4.19 d72]`AS Fa%9i9.d726]]] ,,,-~p~co,.,, JLLY g, .G09 J.N. 10-104041 Page 6 of 16 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. R/W MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER 430-181-26 Portion of 2850 Redhill Avenue, Santa Ana, California Attachment 2 TEMPORARY LANDSCAPE EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kinco Redhill, LLC., a California limited liability 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, easement for public right-of-way purposes for the right to plant, maintain, replace, or remove landscaping in, upon, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, located at 2850 Redhill Avenue, Santa Ana„ legally described as follows: SEE ATTACHMENT 2, EXHBIT "A" and "B" -LEGAL, ATTACHED HERETO; AND BY THIS REFERENCE MADE A PART HEREOF: This permission is granted subject to the following conditions being fulfilled by City: (A) Improvements will be constructed in the areas as shown in Attachment 2, Exhibit B, attached hereto and made part hereof. Landscape improvements will be constructed by the City of Santa Ana, or their designee, in the areas as shown in Attachment 2, Exhibit C, Revision 4. (Revision 4 is the resulting landscape plan as agreed to by the Cify and Kinco Redhill, LLC.) (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. In this case, the contractor shall provide a temporary asphalt driveway to the business until a permanent concrete driveway is constructed. At no time, shall the contractor 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 12 months and shall commence with the first entry of owner's property by City's contractor. Upon completion of street widening work, the Easement Area shall be maintained with landscaping in compliance with City ordinances as applicable to this site. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than December 31, 2011. Kinco Redhill, LLC By' Date: , 2010 Its: STATE OF CALIFORNIA }ss. COUNTY OF ~ On ,2009, before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 7 of 16 Attachment 2 Page 1 of i LI±{~r~1. TJE.SCRII'`I'lOiV :~P ItiCJ, 4311-131-26 1~'!)It'i'i?11•CI'f)RARl' l~~~vi)SC:AP1: ~.:1SE~t1+:\'i' RI+: [) HILL :il~'E~iU>+; (IiitiCO I2.[;UiIiLL, 'Ll_Cr) That ce~rta3n parcel of land situated iz~ tl~tc Cit}~ of 5aalta ,~na, County of C)rangc, State of ~'ahlornia, b~nig that ~ortic>n of'I'arcel ? cif Parcel '+Ftala 1~,. ~8 1~? a:, ~,Pxn,;~n ~:~n a ut~ip thcrcc>f filed in F.3c7c~k "l~}ri, }',ages 4 sand ~3S of !'ariel ~.~T;ahs in the t)fficc ot'the C'<~unty CZ~cc~rtl~r of ~ti3id t)r,trt~;c C'tn~nty, iuGlut}ed within a ;trip gat laud 12.t}O feet wide, tits soutlteastcrlyiitre ~7f whic.}~ is dcscriEz4vl as follows: 13>Gt'~Nt'VC sit ~~ poinf in the snuth~at~tcrly Gstc: c7 f' srirl Parce} ? distant tl~>~-~~; s<~i~3 line i~'ortlt 1~)°~?~} ~~"'tVcst }3.~3 feet ii~tnn tlti soutltc~iaterly tcntainus afthat Ccrt~~in course in sttitf st~uth~~,estcrly line sho~4n as "North ~1~)°2U'SS" 1~;'et 3=11.31) lest"; t}~ence Notch $5"-t~J'>(}" F:~~st 3~i.E)7 feet to a tide paraAel with and l f_24 €ect northwesterly taf the southcasterty lilts ttf said i'arccl 2; thence alcmg said parallel line 1\~orth 4tJs3~~.~~,~ fast 5(79?4 feet, il~cnce North 39e39'l9" First .13.33 feet to the souihwestcrly~ }ins of that e.c.rtain par~:cl of land drs~ribccl in a decd to the At~hist?n. '~opc}:a aitd `~antit Fe lZailway` C`ornpany recorded )tuts 15, 19F~ ut F3ook ;ilfi?, Page fit of (>t~icial ltt;cc~rcls in saki (3llice iaf' the t:oust}' Recc~rcler of Orange C'ctujtty. S~~itl strip shall he lengthened e>r shc~rtetrcd so as t~~ tirrn~inatc nt>ri}riasterly in said southwesterly li~li; of paid deed to t}te ;ltchi.~;cm, Tcrpcfca and Santa Fc Rrilw<iy C.`r~rrtpany and sotrth~vcst~:rly in the 5«uth~~~est~:rl~; lii3c~ of said P<trc~el 2. CO\'i':til\iV(:: <,{}84 Scluarc Peet. tiLrl3.li+:("T TO all. C'ovcnants, Riglzis, lti~;hts-«#=1~'ay and [~asemcuts nflZeccrrd. F:~iiIRIT "B" attached and by this reference Trracle a part hcrcot: w~~c~©LAfVD ~~~L``,c~ _..._._ ___- ~' f v~-a'Oa J KURT R, Q __ ~_._ _ ~ ._~~- t~ TR~XELl. [hurt R, "}'rope}l, L.S, 73a~ C?aic * ~ 71354 ~ ~ ~fi C Page 8 of 16 Attachment 2 ~U I `. ~, ) 1~1'~I~AiEa ~E(;0;20 L'ATr1 PER P.i,~. RG. a~-its?, P.!~i.B. :~95/rte -~t~ ~, i . ~ 5.~ rcR4T. f( ._.._ + i ~ I ~. (-~-- -j ~ S'or't.' l_I ~~ ---~~ . A..'. ~ S.F. E~}A'. ,L. ~~fl ().t~. 7952/02 -_ ~ , ,.t(?,,~,r I ,r.~~r l~lt7, ~~~ ~ 1 ~~7 ~~ r~ /~ / A p r ~=, ~~ t'J to ~ AP N~3.430-~ $1-2~i r i iv ~ (2850 St)UTii R~ f,1 ~~ ~,VErJUE) J ~L, ~S~ ,^ ~., I ~~'0~ k3RPd;jCFL1"P ~=?t1L~IJ5 Lk~IGtN f C.~. ~.4 __..-- t ~14~3 ?~ 52"~ -- 3.2:3' .~.. 2 i~85°49'30"E 38.il7' t ~~ ~ ~z h~39°39'19'E - 33.13' :... ~ ,7, ~~ 11.2?~. ~~ SW'w.X 1.IN~ ~`'' ~_,,..~ PGt.. 2 -.,,~ -,' `~- 4 N49; 20' 52,..~k 341.30 ~;-- ' ~ _ _ N49 20'58"'~'1 341.3G' ~ _ N49°20`52"'s't 657.23' ~{N49'20'58""Pi 657.23`) ~ DEERE AVENUE EXHIBIT ~8~ s~rc-~ ro+ticcos~nwrA ~~. ~sc~vnon ~-t AP Na. 43a18t-~ FOR TEMPORARY WVDSCAPE EASEMENT RED HIF,L AVENUE (KlNCO REDHtLL, LlC) CONTAINiNC~: 6,984 SQUARE FEET }, { ,`I~. __..._s_ .-- ~~ ~ ~~ ~,. rr G~ ,-. - ~ ~ ~ __ ~ n w > ~- Z ~.... j..... O }. }.. t0 iC3 h.^° ;_ ~ N c~ t~ (b~ M it.; ~ 1.L ~L~ ~ ~' i4 ,L7 a 3 ~~~ Lt ~ C3 C:7 ~, ~ . ~ G. ~, C] I`_+ .1~ ~~ ~~ ~I ~`r0, 3~. 60, ~ I 4 ~~ SHEE?' 10F i St1EEf n~.~.,vxan.r~ • ~ea~aa ^ rou®'*~c+cruxu G C1 N S l1 LTI N ~ a~Q+n35os . ,~ swsi ~ ~~,..~~p-c.n~ FEE:7„AFY tt, ~Ci.9 ~.1i. t0-7tldCdl Page 9 of 16 EXHIBIT C Revision 1 ~~~,~~~~ooio~o,'o - ,-- o pl,~i~~S ~ ~ ~ o ~~ 3 -:y rim ga~~ I ii p~ ~ II ' ~ ~ z ~a L ' 'z s ~ ~~~ ~~ ~ ~ 'Noo t ~'~ ~ ~ e ~ ? ~ ~o iii ~ e ' ~ :~ ~~ o®`o~oo~l'©~oo~~' ~z G I .... -..a I~ p~l~ '~ ~ i ~ ~~~ ~j ~ ~~ ~ ~~ 1~ a i~~ b a Attachment 2 __ i _ DEERE AVENUE 1 I ___, I _ l IS: i ~~ ~ ~ - I R I Il b i ~~ ~ . $ I I ~.; :!. I i~ I I / I ~~ I I ~ ~ I I _ i. i r~ ;` ~ ~ ~ m N s ~~ j ; 1 fl g ~~_ = I I i ,x € a : '~~~ o ~~ I ,.i ~ L .FSB~ j s n I ~ \~® I i ~~ ~ ~ y A I ~ I ~ - r~ I ~I O gR{' I ~I _ I ~ I -..._....._._...___; r I ., ~ ~ ~.; ------- z j ~° C I ~ ~ m I \ € i - I ~; : __ I i ~ -- -- -~~- <1 I ' I I ; i ~ i i i ~ ~ I I i I 1 s I I I j -~- ' i ~~ I ' ui 111 I ~ C a ~ ~ ~ ; ,~. I ~ Ig 1 ~ pia ; ' g i h fi .~~ ~~i >~i a ; =i._ n~ '~1, _ ~I _~ :__ kL l~ 11 ~ _ _ -_ _ - MATCHLINE SEE SHEET LP-d6 _~ ~ ~ ¢ ~ E J~ o 3 N p~ om ~ ij i ~'3 ~ a ~; 1 ~ ~ ~~ I A ~ti : E I? ~ o i ~ z ~ . N ` ~ I J ~~ 1 ~D;~ ° ~ . N 2 /fi ~. ,... O Z~ ~~ ~ ~ V ~- ~ I I ~_ z~~ ~~ Wr- ~I ~ ~~~~ ( a ~ m ~ ~ A `I Z z~ m __ I_. ~~~ ~ ~~ Page 10 of 16 Attachment 2 EXHIBIT C Revision 2 ,: I -,. ~- : __ i 1 _ _. •.. -..._. ___ -- ;~ ~ . - - ~ i ; „-~„ ~~ _ 1.,, ~ -- -- ----- i 1 ------------~- C;=ERE ,4V'=NUE _ - ------- r--_ _ _.. 1 i i i 1 i ,C \ ••' `" 1 1 i 1 1 _. I I 1 o \I 1 ,a 6 i O R ~ 1 1 1 I i i i 1 i 1 ~ I Z ~ 1 j 1 / ~ 9 1 • ~~ ~ 1 ~ 1 `,°a . I i ... I 1 ~ s 1 i i~ ~ 1 ~ ~ no i.. j ~ -'" i o o fr1 ~ m C 1 ~~ i 1 o <m n; O z~ ' v W _ p r _..{ • o ~ N _ 1 .. ~ mA I ..s " ~~O C ~ !__ i 1 _ .. z~ ,w 1 ~ f~ -i - Z < r- ~ i. i i `~~ ~a 3~° ~ ~ O c m I ~ r•, i i I ~o ~ A' ~ 'O i ' I ~~ f l rZ i o ~ ; sv k r f '' :xs ~ 1 i p _ ~ . 1 n , ''~ I i 1 . ~ i i 1 n I I 1 i O 1 w I 1 I ~ , iA 1 a ~ ~ ~ F ' ~ ti , _ ~ 4 1 .. a i ~ ~ 1 ~._.. v N 1 ~ ~: l ~ yy ~ A H ~ Z ~ O '~ ~~~ i'. 1 I~m • I p 1 A ~~~ .. o i ~8' i 1 a ~ < i 9R m _ i yOa I 1 f I a~ 0 ^, j i 1 1 i I _.._ _ _ _ Page 11 of 16 Attachment 2 EXHIBIT C Revision 3 ~'. G=FRF AV'=NIIE i ~ _._.. 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Page 13 of 16 Attachment 3 LICENSE AND RIGHT OF ENTRY Kinco Redhil, LLC, a California limited liability company (hereinafter referred to as "Licensor', does hereby grant to City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and/or laves of the State of California, its officers, agents, employees or representatives (collectively referred to as the "Licensee"), the right to enter and construct street, sidewalk and landspping improvements necessary for the Dyer Road/Barranca Parkway/Redhil) Avenue Street widening project as shown on the real property described as follows: SEE ATTACHMENT 1 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF This permission is granted subject to the following conditions being fulfilled by City: (A} City to deposit $491,335, plus closing costs into escrow with First American Title Insurance Company. (B) Permanent Street Improvements will be constructed in the area identified in the Attachment 1, Exhibit "A and "B" drawings. (C) 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. In this case, the contractor shall provide a temporary asphak driveway to the business until a permanent concrete driveway is constructed. At no time ~hal,l the contractor block access to the business during construction. (D) The Licensee agrees to indemnify and hold harmless, Licensor, from any liability arising out of the Licensee's exercise of this License and Right-of-Entry. The Licensee further agrees to repair any damage to said property caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said property, with the exception of the improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the property by the Licensee. (E) No right of entry to existing buildings is conveyed by this instrument. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than December 31, 2011, unless extended by written agreement between the undersigned and the Licensee. LICENSOR: Kisco Redhil), LLC A California limited liability company By:_ Name: Title: LICENSEE: CITY OF SANTA ANA a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California BY: David N. Ream City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY: Date Jose Sandoval Chief Assistant City Attorney Page 14 of 16 Attachment 3 FtiTrlr~f f ::,1.. LI:G:1L DESCRII''('ftfN Pale 1 rsf 1 RFD fTIT:T..A~'t~NUI{. (Iti1.VC'U RED[TTT.L, T: I.Cj I It tt c~ t un parcel of I uti ~itit;ttccl in the (ira ~, f ~ utC.r rlst,c, taunt}' nt (h'cir,t;c, ti(rit,~ ,' iJ t~rtii i l i it th +1 I:,:,~u i ,;,i' 1 1r 12 ~ i I uii~;~l ~~ 1 ~ ~!n i.ti l ~ , r t Iilcd iii Urn 1 1~~r, I', _<; I :;ncl 4~ (,f1'in~l .~1,ihe m ihc: (JIGCe oI•tl,~ (,+!unt, IZ~~;or<Itr of utici ( 1r111uu (rn ~ttv, ilctiin~~.cd a; I:IIo,~ ti; 13l":CI\\1\C ~t the ~otaheasttad'% Ictnsit;u.e n Ihal' C~.tti!ist ruurs•c in tL'e ~otitlt~ne~terlt IinC of sari f arc:cl ? shc;tvn :;. '•Nortlt -1~T,~,i1'i;;" :Petit 341,3ii fret'; thc::ce a;on~:.> said se~u(1:'.ti•e:;tet-1',~ line Cr,,irh 3!a ^c.?'?„' 4Vcs I ?3 tc~t thrntis iV ~rih'» ~i^}{i k l5[ 3$ I)7 Icet to ; ~rtlt and 1l )~ feet ncsrthu,.,t~rfy nt the s, itLc;uCcrl~• ]tr~c c;t s,tiil 1',trccl '; thcni;4iralc,F,~ su'I p~trullcl hnc ~ii!t1a 4i} z(i jra L~,t 5fi9„?.} fs~at, lhrncc \'urth .i9"=;?i)'l9" l;;i.it 33.73 t~et to the ~c ulli•.vealtrl) tin:, nt that crrl;tin p:incl of lsn,f dcsct'il~cd ire s ciccd to tl,~ ~1rcl;i~r~n, •rope)~a lncj ti intt T~c k,ttl va} l,umpany r>:cor'ileil Jmnc li, I9f,F, itt f_ioc~k I~)r,"~7. P~JrC 63 i~t OltlCiilf fZCCi)r(Iti m >ud ~)fft,,c. of the County Rccnrcl,tt' of Ur;trtec (:oesnty; Q znce ;rli,t)~ 3~tid .~riutTs~,ve;Berly line South a~7=^p,h.T„ Past I I.3U f~cx to the si,•tthel,terly line of !, tlsc au,rih a icrl:r Ein of said T+st(,cl Svuth l{T=°~q ~{,•' lVcs; j4;.. ySfcct and~~r tttfs 8y 37 tihll4's;~ :t.5.3 , lc~t to the ['O1NT OF RH,(_;INiVLVG. '~ Est COiVT:1TYI~iC;: f+,=G~ Jqurrc 1'cct. SI-I B.1 L:C.L.LiJ;iCl Ccr,cnantg, IZistlits, fti,~lsts-uf=lVaysnd E"sst:utca(si?fKccim;I. F:XFillil'P °°I3" ,~ttaichccf ttn~3 by this ri;li:r4atci+ntsdc s p,rrt l;crci~f. _ ~~~tt,Q 1,AhJ0 SG~GF ----~ --- ~- ~Z' SOD ~ KURT R. ~ 'urt J~ l n,xcll; L:S. ?~,~ __ . >~ ~ TROXELL ~ D tc. *_ .n 7854 G{' Page TS of 16 A:tacnment 3 'dij-= .. . f ~ ._... I A. Sc S.I LSSi? - -- : FE:z: ~] . ~ . 7562 /F, ~ ^,' I J / {{ ~~ _ '~ r_.i - 1 ... _ " a `_~ . iii =~ I AP N0.430-181.26 - I l.l:/ r ; ;~.1 1 { C. 2~!,S~i; SC:UTH F.Eb HTL.L. A'r':FI[;E) ~_; - --- '_ "• I ~KU~ =iF.~d^'CF L 1.~ .. ,~~,p[, i,---- LE?dGTH L .'~ - e::~ I 2 PJ'~"3y'`9'L 3.3,73' '' J '= 3 __ ' c, c c- ~ ~ ~8. 3T'S2"w -- (n•B:°3.._y..E - X5.37' "' - 3.5.37 •~_r `~ I 1 1:24_.. Vs'a9' 3•D^El - ~ l "J4!? .1/ 5?;'~Y '41.30' hJ~{r':11'~,8''X. 341.-~0;.~ • " i-5' _-~ ~. 1• -- [•J4U';]~~+` ,..~i f? .~2•' i fN-{9'::Q'5.~. 1( 65i, Z.3' ~~: '- ~ DEERE AVENUE EXHfBIT n~n ss~cH ro JICCOMpJWYJV• LE{;,~L. ~F9CRIP'f70N FOR ' AP NO, 41d-181.26 RED HILL AVENUE (KWCO REDkILI. LLC) CONTAINING: B,4&2 SQUARE FEET I T { I i ~I .J I ... ~,,..~ L~ r•~ I i i~ ~ .g.. . ~ ~ { ~ ~. 11 ~ ~~. ~:: J I ~.~ ~ ~~: J -• C: 7 = ,4? ~ I l y7 1.1 ~ F ~o~ = tl - ;:`' i ~ I _l I E U I .' ,~~~ k~ 1 f k 30' 1-'0' ~ so' t1i'_- _~_ ~~ ~ -=1~ i i ~- 'f SHEET 1 OF 7 SHEET CO N'3L LTON~ yl ~~uy r'K ~-~LF•=M<9:4ri~]:~•. . . .. . Fei :r...~:-rtm......ir<:~.. F~f1fi~..RY I~. ,~.^~ :, `!, 1'-144;51 P.le~ ~~ t)~ Ili