HomeMy WebLinkAboutEARL SCHEIB REALTY CORP -2010,q_�K
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EASEMENT- AGREEMENT AND BILATERAL ESCROW INSTRUCTIONS
A-2010-042
THIS AGREEMENT("Agreement"), entered into on Ir,Lj_—L—_, 2010,
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"), and Earl Scheib Realty Corp., a
California corporation, who acquired title as Redwood City Auto Paint Shop, Inc. (hereinafter
"Owner"), 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 Agreement, Owner agrees to grant to City, in
exchange for the consideration described herein, an easement (the "Permanent Easement") and a
temporary construction easement ("TCE" and together with the Permanent Easement, the
"Easements") to a portion of that certain real property (hereinafter the "Premises") 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 1102 E. 17th Street, Santa Ana, Ca)
The creation of the Easements shall be in accordance with and subject to all of the following terms,
conditions, promises, covenants, agreements and provisions, to wit:
1. Easements. The Owner shall grant to the City the following Easements pursuant to the terms
and obligations set forth herein:
(a) The Permanent Easement shall be in the form of the Easement Deed set forth in Exhibit "C" to
this Agreement.
(b) The Temporary Construction Easement (hereinafter "TCE") shall be as described in the attached
Exhibit "A-1" and depicted on the attached Exhibit "B." This Temporary Construction Easement,
for purposes incidental to construct the proposed improvements to 1102 E. 171h Street, is granted
subject to the following construction parameters:
(i) 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. However, at no time during construction shall the contractor block access for ingress
and egress to Owner's business.
(ii) The City agrees that it will use the Easements in such manner as not to injure, annoy,
interfere with or infringe on the rights of others on the Premises or other licensees. The City
agrees to comply with all applicable laws, ordinances and regulations now or hereafter in force in
connection with its use of the Premises
2 Payment of Purchase Price. City agrees to pay to Owner, and Owner agrees to accept from
City, as and for the full purchase price for Easements, the total sum of Forty -One Thousand One
Hundred Eighty -Five and No/100 Dollars ($41,185.00) (the "Purchase Price").
3. Closina/Escrow. Within ten days of the execution of this Agreement, (a) City shall deposit
the entire Purchase Price into escrow with [a mutually agreeable escrow company] ("Escrow Agent")
and (b) Owner shall provide the Escrow Agent with executed Easement Deed in the form attached
hereto as Exhibit "C". Upon confirmation by City that Owner has marketable title to Premises,
closing shall occur. If City has not received such confirmation of marketable title to its satisfaction by
the Closing Deadline (as defined below), this Agreement shall terminate and Escrow Agent shall
return the Easement Deed to Owner and the Purchase Price minus escrow fees to City.
4. 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.
5. 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.
6. 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.
7. Permission to Enter on Premises. It is understood and agreed that for project planning and
funding purposes the Owner hereby grants to Buyer and authorized agents or contractors, the right of
set forth in the TCE to the area described in Exhibit "A-V and "B" to perform the work described in
Paragraph 19. However, said right of possession and use shall not be exercised prior to the City, or
City's agent, providing Owner with a 48-hour prior written notice of City's intent to perform the
construction items listed in Paragraph 19 below. The commencement date of the TCE shall begin
after such 48-hour period expires ("The Commencement Date")
The TCE shall continue in effect for a period of six (6) months after the Commencement Date. City
shall use its best efforts to complete the described work within the prescribed 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, each a "Force Majeure Event"). It is agreed that
should the actual use of the TCE extend beyond the time period delineated above due to unforeseen
circumstances such as a Force Majeure Event, and not due to the negligence or willful misconduct of
the City, and the occurrence is verified through the contractor or City project inspection logs
presented to Owner, the term of the TCE shall be extended until the actual date of City's termination
of the TCE. The City shall provide Owner with a 15 days prior written notice of its intention to
terminate the TCE. Upon the extension of the TCE, the City agrees to pay at the rate of $60.83 per
month, prorated to the actual date of the City's termination of use.
It is further understood that in no event shall the City's use of the property exceed the early of either
the term of the TCE described above or the project completion date.
8. 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 Owner is:
Earl Scheib of California
225 Broadway 18th Floor
San Diego, CA 92101
9. 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 creation of the
Easements.
10. Expiration of Aareement/Closina Deadline. This Agreement shall terminate and become
unenforceable by any Party if Closing does not occur before March 15, 2010 (the "Closing Deadline").
11. Indemnity. City agrees to indemnify, defend and hold the Owner 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), arising out of or
caused by or alleged to arise out of or be caused by (a) City's or its agents' or contractors' actions or
omissions during the term of this Agreement, (b) any construction work City performs on the Premises,
or (c) any completed construction that remains on the Premises.
12. Modification and Amendment. This Agreement may not be modified or amended except in
writing signed by the Owner and City.
13, 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.
14. 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.
15. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
16. 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 Agreement and the meaning of the
provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not
for or against any party based upon any attribution to such party as the source of the language in
question.
17. No Third Party Beneficlary. This Agreement is intended to benefit only the Parties hereto and
no other person or entity has or shall acquire any rights hereunder.
18. 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.
19. Construction Contract and Curative Work. It is understood and agreed by and between the
parties hereto that the compensation paid to Owner through this Agreement includes the value of the
cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the
Property:
i. Asphalt paving
ii. Marked parking space
20. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
111
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111
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first
written above.
OWNER: Earl Scheib Realty Corp., a California corporation who acquired title as
Redwood City Auto Paint Shop, Inc.
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Date: �20 (l U , 2010
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City
City of Santa Ana
David N. Ream
City Manager
Attest:
a"z�a
Maria D. Huizar
City Clerk
Approved as to Form:
Joseph W. Fletcher
City Attorney
Date: 2010
Date: '2010
Date:, 2010
Date: /, , 2010
-Jose Sandoval
Senior Managing Aqs nt City Attorney
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
SVT-PCL-1
THAT PORTION OF BLOCK 22 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED IN THE
CORPORATION QUITCLAIM DEED TO REDWOOD CITY AUTO PAINT SHOP, INC.,
RECORDED JULY 12, 1976, IN BOOK 11808, PAGE 188 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE LAND DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA RECORDED ON OCTOBER 22, 1992 AS
INSTRUMENT NO. 92-718661 OF OFFICIAL RECORDS AND THE SOUTH RIGHT OF WAY
LINE OF SEVENTEENTH STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA
ANA RECORDED NOVEMBER 15, 1967 IN BOOK 8436, PAGE 679 OF OFFICIAL RECORDS;
THENCE ALONG SAID SOUTH RIGHT OF WAY LINE SOUTH 89°49'55" EAST 8.68 FEET;
THENCE SOUTH 00023'07" WEST 12.72 FEET; THENCE NORTH 89°36'51" WEST 8.69 FEET
TO SAID EAST LINE OF SAID DEED TO THE STATE OF CALIFORNIA; THENCE ALONG SAID
EAST LINE NORTH 00025'27" EAST 12.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 110 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9T" DAY OF JULY, 2008. �O AND S
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GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108 «
REGISTRATION EXPIRES 6/30/09 EXP, 6/30/09
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Jn 107069-04 Santa Ana SVT-PCI.1
Coast Surveying, Lie.
July 9, 2008
EXHIBIT "A-1"
LEGAL DESCRIPTION
SVT-PCL-1
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF BLOCK 22 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED IN THE
CORPORATION QUITCLAIM DEED TO REDWOOD CITY AUTO PAINT SHOP, INC.,
RECORDED JULY 12, 1976, IN BOOK 11808, PAGE 188 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE LAND DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA RECORDED ON OCTOBER 22, 1992 AS
INSTRUMENT NO. 92-718661 OF OFFICIAL RECORDS AND THE SOUTH RIGHT OF WAY
LINE OF SEVENTEENTH STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA
ANA RECORDED NOVEMBER 15, 1967 IN BOOK 8436, PAGE 679 OF OFFICIAL RECORDS;
THENCE ALONG SAID SOUTH RIGHT OF WAY LINE SOUTH 89049'55" EAST 8.68 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 00"23'07" WEST 12.72 FEET; THENCE
NORTH 89'36'61" WEST 8.69 FEET TO SAID EAST LINE OF SAID DEED TO THE STATE OF
CALIFORNIA; THENCE ALONG SAID EAST LINE SOUTH 00°25'27" WEST 5.00 FEET;
THENCE SOUTH 89036'51" EAST 13.69 FEET; THENCE NORTH 00°23'07" EAST 17.74 FEET
TO SAID SOUTH RIGHT OF WAY LINE; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE
NORTH 89°49'55" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 132 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9T" DAY OF JULY, 2008. O \_ AND S
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REGISTRATION EXPIRES 6/30/09
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5 N00° 23' 07" E 17, 741' INST. NO.
6 N89049' 55" W 5. 00' 92-718661 O.R.
7 NO 0' 23' 07" E 12, 72' APN 398-071-59
8 N89° 36' 51 " W 8. 69'
J08#*107-069
DATE: 7 07 08 COA ,S S SURVEYING, INC.
SCALE: i OF RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT tso31 PARKWAY LOOP, SUITE 8
SHEET 1 0 F 1 TUSTfN, CA 92780-6527 (71 b) 918-6266
1SVT-PCL-1.dgn 7/9/2008 1:25:44 PM
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 CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exhibit "C"
CANCEL
TAXES
x
APPROVED AS TO
FORM BY ATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTENBY
DESCRIPTION
CHECKED-O.K.
AP.
NUMBER 398-071-60
RIW MAP
NUMBER
PROJECT
NUMBER
-
Portion of 1102 E. 17a' Street, Santa Ana, CA
DEED NUMBER
6G I
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Earl Scheib Realty Corp., a California corporation., who acquired title as Redwood City Auto Paint Shop, Inc.
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, an 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 1102 E. 17th Street,
described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated
State of California
County of
For: Earl Scheib Realty Corp., a California corporation , who acquired title as
Redwood City Auto Paint Shop, Inc.
M
On before me, a Notary Public, personally appeared
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 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.
WITNESS my hand and official seal.
Signature (This area for official notary seal)
C:nnvt Su JuAy '9In
ly „ 7009
EXHIBIT "A"
t_EGAL DESCRIPTION
S VT -PC L-1
THAT PORTION OF BLOCK 22 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 10, PAG;ES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS
ANOELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED IN THE
CORPORATION QUITCLAIM DEED TO REDWOOD CITY AUTO PAINT SHOP, INC.,
R F_CORDED JULY 12, 1976, IN BOOK 11808, PAGE 188 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, OESCRIBEO AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE LAND DESCRIBED IN THE
DFFD TO THE STATE OF CALIFORNIA RECORDED ON OCTOBER 22, 1992 AS
INSTRUMENT NO. 92=?18661 OF OFFICIAL_ RECORDS AND THE SOUTH RIGHT OF WAY
LINE OF SEVENTEENTH STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA
ANA RECORDED NOVEMBER 15. 1967 IN BOOK 8436, PACE 679 OF OFFICIAL RECORDS;
THENCE ALONG SAID SOUTH RIGHT OF WAY LINE SOUTH 89'49'55" EAST 8.68 FEET;
-I-HENCF SOUTH 00'23'07" WF_S-1- 12.72 FEET; THENCE NORTH 89'36'51" WEST 8.69 FEET
TO SAID EAST LINE OF SAID DEED TO THE STATE OF CAI IFORNLA; -!-HENCE= ALONG SAID
EAST LINE NORTH 00'25'27" EAST 12.69 FEET TO THE POINT OF BEGINNING,
CONTAINING 110 SQUARE FEET, MORE OR LESS.
ALL, AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9- DAY OF JULY. 2008.
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
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SEVENTEENTH STREET
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BEARING
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SCALE: 1 ORIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITE B
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SHEET 1 OF 1 TUSTIN, CA 92780-6527 (714) 918-6266
...1SVT-PCL-1.dgn 7/9/2008 1:25:44 PM