HomeMy WebLinkAboutNESTBITT PARTNERS ORANGE COUNTY VENTURE, LTD 1 - 2010
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AUG 1 9 2010 AGREEMENT FOR ACQUISITION OF REAL PROPERTY t
THIS AGREEMENT, entered into this 610 day of A,46IL4sT , 2010, by and between the CITY OF
SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of i
the State of California (hereinafter referred to as the "City" or "Buyer"), and NESBITT PARTNERS
ORANGE COUNTY VENTURE, Ltd., a CALIFORNIA LIMITED PARTNERSHIP successor by
merger to OLYMPUS/NESBITT PARTNERS- ORANGE COUNTY GENERAL PARTNERSHIP, a
CALIFORNIA GENERAL PARTNERSHIP
WITNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to
the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to
purchase from Seller, all that certain real property !
(hereinafter referred to as "said real property") more ;
particularly described in Exhibit "A" attached hereto and depicted on Exhibit "B".
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(Commonly known as a portion of 1325 E. Dyer, Santa Ana, CA)
(APN 411-131-30)
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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 . Purchase Price. The full purchase price for easement on said real property shall be One
Thousand Dollars and No/100 ($1,000.00). City shall pay said purchase price within ten (10) days
from and after the date on which the City has approved this Agreement for Acquisition of Real
Property.
2. Method of Delivery. Seller agrees to deliver to City with 5 business days of receipt of said
purchase price, a fully executed Temporary Construction Easement, as shown in Exhibit "C", attached
hereto and incorporated by reference.
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3. Recordation omnletion and Distribution of Documents. City will cause the Temporary
Construction Easement to be recorded with the Recorder's Office of Orange County and provide a
recorded copy to Seller thereafter. City shall bear the cost of any recording fees, document preparation fees,
escrow fees and any other closing costs incidental to the conveyance of said real property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above.
SELLER: NESBITTT PARTNERS ORANGE COUNTY VENTURE, LTD
By,
Sandra Barnes
Title: Treasurer
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of Los Angeles
On !!Z O before me, Fatima Grape-Forcier, Notary Public
DA NA -TITLE OF THEOFFICER
personally appeared d~/~~
N IME(6)OF .ON (6)
Who proved to me on the basis of sati ctory
evidence to be the person{s)'whose nam i F-.
subscribed to the with" tnstrumen and
acknowledge me that-fie/ she /-khay executed the
same in-his / i!hetrautho . ed capacity(lesi, and
t by-ktir/ !M(sir-signature{a.I. on the instrument.
the the
perso r the entity upon behalf of which the
FATIMA GRAPE-FORCIER person(s)-acted, executed the instrument.
Commisslon tv 1805475
Notary Public - California I certify under PENALTY OF PURJURY under the laws
Los Angeles County of the State of California that the foregoing paragraph
M Comm. Ex Tres Jul 2, 2012 is true and correct.
WITNESS my h~andQ d official seal.
Signature
-1--ORE OF NOTARY PUBLIC
OPTIONAL
Though lha information babes is not required by /aw, it may prove va/uab/a !o paisona ra/ymg on the document and couAd prav~t
fraudu/an! remove/ and reattachment of thJa 16nn to another document.
Description of Attached Document
Title or Type of Document: Agreement for Acquisition of Real Property
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(tes) Claimed by Signer(s)
Signer's Name: Signer's. Name:
? Individuals ? Individual
? Corporate Officer -Title(s): ? Corporate Officer-Tiitle(s):
? Partner - ? Limited ? General ? Partner - ? Limited ? General
? Attorney in Fact ? Attorney in Fact
? Trustee ? Trustee
? Guardian or Conservator ? Guardian or Conaervator
? Other: ? Other:
Signor Is Representing: Signer Is. Rep--tin
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CITY/BUYER:
CITY OF SANT ANA
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BY:
David N. Ream
City Manager 4
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ATTEST:
BY:
- ated 8 c d
Man'a D. Huizar _
IA ' Clerk of the Council
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APPROVED AS TO FORM: '
Joseph W. Fletcher
City Attorney
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se andoval
of Assistant C Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange SS.
On August 19. 2010 before me Claudia M. FernandezShaw, Notary Public _
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared David N. Ream
Name(s) of Signar(s)
who proved to me on the basis of satisfactory
evidence to be the person( whose name
,gaam_ subscribed to th within instrument
and acknowledged to me that 4:FgWy
executed the sam in
authorized capacity(i and that by
~%t't$~f'IPff*4+~~r signatu a on the instrument the
persson(_'s or the entity upon behalf of which
the person( acted, executed the instrument.
CLAUDIA M. FERNANDEZ SHAW
Commission 11875128
Notary Public - California I certify under PENALTY OF PERJURY under
orange County the laws of the State of California that the
III Comm. Explings 2014+ foregoing is true and correct.
TNESS my hand and official seal.
Place Notary Seal Above [Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
0 Individual Top of thumb here
0 Corporate Officer - Title(s):
Q Partner D Limited 0 General
Q Attorney in Fact
Trustee
Q Guardian or Conservator
Q Other:
Signer is Representing:
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EXHIBIT A
LEGAL. I7ESC12IP 1 IE)A'
PAEs:C~I, ' .4"
A strip of land, 5.00 feet in width. over than portion of Yarce? 1 of Lot Line Adjustment
No. LL.$3-4 in the C.it}- of Sant" Ana, County of Grange, State. of California, recorded on
.ianuarY 30, 1984 as Instrument No. 84-(142570, Official Records of the Coumr ' Recorder
o: said Grange County_ said Lot Line Adjustment revises interior boundary lines of
Parcel Map 79-905.. recorded it, Boole 1 :5 1, Pages 26 through. 21i of Parce -Maps in the
office of the County Recorder of said Coun
described as follows: ty; the southerly line of said 5.00 foot strip is
Carrttnencing at the centerline intersection of Grand Avenue with Dver Road- as said '
intersection is shown on said Parcel Map 79_908; thence westerly along said centerline of
Dyer Road, North 89°05'26'° West, 173.19 feet ro the southerly prolongation ofthe
easterly line of said Parcel 1 ; thence northerly alone said prolongation,
North 60'54'34" EaSt_ 36.00 feet tt) the southeasterly corner of said Parcel 1 and the
True Point of Beginning; thence westerly along the southerly line of said Parcel 1, f
North 89°05'26" West, 55.00 feet. The northerly line of said strip to be lengthened or
shortened to terminate on the easterly line of said Parcel 1. '
Containing 275 square feet, more o- less_
All as shown on Exhibit "B". attached hereto and by this reference made a part hereof.
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Subiect to all Covenants, Rights, Rights-of-Way and Easements: of record. if any.
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Prepared by me. or under my direction on
rcaymona Iiveru, PL S 5324 i
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When recorded, please mail this Attachment 1
instrument and tax statements to: Page, 1
Cleric of the Council to co O PV
City of Santa Ana
¦
20 Civic Center Plaza, M-36
Santa Ana, California 92701
Exempt from Recording Fee SPACE ABOVE THIS LINE FOR RECORDER'S
Pursuant to Government Code Section 6103
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
NESBITT PARTNERS ORANGE COUNTY VENTURE, Ltd_, a CALIFORNIA LIMITED PARTNERSHIP
successor by merger to OLYMPUS/NESBITT PARTNERS- ORANGE COUNTY GENERAL PARTNERSHIP, a
CALIFORNIA GENERAL PARTNERSHIP
HEREBY GRANTS TO THE GRANTEE:
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 construction
easement to blend the driveway grade separation along the property that you have an interest in to construct the
proposed improvements to widen the intersection of Grand Avenue and Dyer Road in, on, over and across that
certain real property in the City of Santa Ana, County of Orange, State of California, as described on Exhibit "A",
which is attached hereto by reference and made a part hereof.
It is understood that said temporary easement shall extend for a period of six (6) months commencing
forty-eight (48) hours after the Grantee provides written notification to the Grantor of its intent to commence
construction. In the event actual use by Grantee, its authorized agents, or contractors extends beyond the prescribed
period of time, the Grantee shall pay the Grantor at the same contract rate of $ 333 per month, prorated to the
actual date said use is terminated. This easement shall terminate upon completion of said construction and in any
event shall cease and terminate not later than April 30, 2011.
It is further understood that when the construction project is completed and said temporary easement is no
longer required, said real property shall be restored to the same general conditions as existed prior to the beginning
of construction.
Dated =7 i(0I1 0 Nesbitt tPPartners Orange County Venture, LTD
BY:G-~
Sandra Barnes
TITLE: Treasurer
STATE OF CALIFORNIA }
~t~~~,~,y~ )ss.
COUNTY OF~~ i-tt\1( 515 }
On 'f~ ' before me,
personally appeared
-Fl!IJA2/aA leu
FATIMA GRAPE-FORCIER
(or proved to me on the basis of satisfactory Commltalon 180547b
Notary Public - Calffornla
evidence) to be the persor%(d)-whose name(._ re. subscribed to the Los Angeles Car"
within instrume d acknowledged to me tha he trey-execut M Comm. Ins Jul 2, 2012
the same in her authorized capacity {iYSj, an that by er
on the instrument the person(s) or the entity upon be-
half of which the persons}acted, executed the instrument. I certify un-
der PENALTY OF PERJURY under the laws of the State of California -
that the foregoing is true and correct.
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WITNESS my hand and official seal-
Signature
(This area jbr official notary seal)
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EXHIBIT A i
L~c~z.. ~rscluln-rion~
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A strip of land., 5.00 feet in width, over that. portion of l'arce.l 7 oaf Lot Line Adjustment
No. LL.S3-9 in the Cirr of Santa Ana, County of Grange, State of California, recorded on
January 30. 1954 as Instrument No, 94-042570, Official Records of the County R=ord r
of said Orange County, said Lot Line .Adiustrn.ent revises interior boundary lines of
Parcel Map 79-905, recorded in Book 151, Pages 26 through 28 of Parcel Maps in the ~
office of the County Recorder of said County; the southerly line of said 5.00 foot stri
described as follows: Pis
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Commencing at the. centerlinc intersection of Grand Avenue with Dver Road, as said yI
intersection is shown on said Parcel Map 79-908; thence westeriv along said centerlineof `
Dyer Road, North. 89°05'26" Wes-_ 173.19 feet to the southerly prolongation of the
easterl, line of said Parcel 1: thence northerly along said prolongation,
North 00'54'34" Bast, 56.00 feet to the southeasterly corner of said Parcel 1 and the
True Point of Reginning; thence westerly along the southerly line of said Parcel 1. i
Nortl-, 59°05'26" West. 55,00 feet. The norlheriv line of said strip to be lengthened of `
shortened to terminz,u on the eastzrly line of said Parcel 1.
Containing 27= square feet. more or less.
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All wi shown on Exhibit "B", attached hereto and by this reference made a. pate hereof, j
Subject to all Covenants. Rights, Rights-of-Way and Easements of record. if any. j
Prepared by me, or tinder my direction on
Ravmon J. Rivera, PLS 5324
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