HomeMy WebLinkAboutFAR WEST FAIRHAVEN LTD, A LIMITED PARTNERSHIP-2010EG A-2010-200
-1 L:
ED AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
2 6 2010 AND BILATERAL ESCROW INSTRUCTIONS
-L 1
THIS AGREEMENT, entered into this day of 2010, by and between the CITY OF SANTA
v' ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of
California (hereinafter referred to as the "City" or "Buyer"), and Far West Fairhaven, Ltd., a Limited Partnership
(hereinafter called "Seller"), regardless of number or gender;
a-
WITNESSETH
9 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") described as follows:
All that certain real property located in the State of California, County of Orange, City of Santa Ana, described
? as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1201 Fairhaven Avenue, Santa Ana, CA 92705)
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, at the office
of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days
from and after the date on which the City has approved this Agreement.
2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly
provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all
conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances
(whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds
or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the title to
said real property to be conveyed by Seller to City shall be free and clear as provided above.
3. Title Insurance. City shall secure, concurrently with the conveyance of said real property to City, within
the time and at the place hereinabove specified for said conveyance of said real property, a policy of title
insurance to be issued by the above mentioned title company, with the City therein named as the insured, in
the amount of FORTY-FIVE THOUSAND and NO/100 Dollars ($45,000.00) insuring the title of the City to said
real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements,
assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and
including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city
may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance,
whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver
by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of
action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title
or to provide title insurance as required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First
American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which
the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and
the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening
of the escrow. Escrow to close within 60 days of the City's execution of this Agreement.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of
this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein
by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this
Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes,
recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any
other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona
fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code
Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed
upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this Agreement.
5. Property Taxes. Such 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 of the Revenue and Taxation Code of the State of California.
Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of
California for that portion of property taxes on said real property for said fiscal year which have been paid prior
to the date the deed conveying said real property to City is recorded which is allocable to that portion of the
fiscal year which begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California.
All unpaid taxes on said real property up to and including the "date of apportionment" as that term is defined in
Revenue and Taxation Code Section 5082 shall be the responsibility of the Seller.
6. 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), and severance damages, the total sum of FORTY-FIVE THOUSAND and NO/100
Dollars ($45,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within
THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow
Agent is hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
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. Waivers. The waiver by either party of any breach of any covenant or agreement herein contained on
the part of the other 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 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.
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. Seller hereby grants City, and its authorized agents, permission to
enter upon said real property at all reasonable times prior to close of escrow for the purpose of making
necessary inspections. In the event escrow does not close City shall indemnify and hold harmless Seller for
any and all damages to persons or property caused by or arising from City's right of entry granted by this
paragraph.
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" and
depicted in Exhibit "B" to perform the work described in Paragraph 29. 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 29 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
$136.66 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. Just Compensation Seller acknowledges and agrees that said purchase is full compensation for said
real property and includes payment for fixtures & Equipment (improvements pertaining to the realty), goodwill (if
any), and severance damages.
13. 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:
Far West Management Corporation
17941 Mitchell Street
Irvine, CA 92614
ATTN: Mr. Bill Bird
14. Exceptions. City agrees to accept title to said real property subject to the following exceptions as listed
in the preliminary title report dated June 23, 2009 provide by First American Title: items 1, 2, 3, 4, 5, 6,& 7, 9,
10, 11 & 12.
15. 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 City.
16. Compliance With Environmental Laws. To the best of Seller's actual knowledge without duty of
further investigation neither Seller nor 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.
17. 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.
18. Modification and Amendment. This Agreement may not be modified or amended except in writing
signed by the Seller and City.
19. 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.
20. 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.
21. Governina Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
22. 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 meaning, and not for or against any party
based upon any attribution to such party as the source of the language in question.
23. 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.
24. 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.
25. Applicability of Aareement 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.
26. Authority to Execute Aareement, 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.
27. 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 3 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction
contract items at the time of the installation of the proposed project:
i. Remove 460SF concrete paving
ii. Remove 40LF concrete planter curbing
iii. 2 metal bollards (auto stops)
iv. Remove 350SF irrigation system
v. Remove 350 SF landscaping
(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:
Re-work irrigation system
Relocate gate entrance card reader
Construct retaining wall. Obtain necessary plans, permit and approvals.
' 28. Incorporation of Exhibits. All Exhibits 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:
FAR WEST FAIRHAVEN, LTD., a California Limited Partnership
By: Far West Partners, a California Limited Partnership
By:
Richard W. Silver, as Trustee of The
Richard W. Silver 1988 Living Trust
Its General Partner
By: d??
Richard W. Silver, as Trustee of The
Richard W. Silver 1988 Living Trust,
Its General Partner
CITY/BUYER:
CITY OF SANTA ANA
Dated IF--.2/ -/v
Dated
BY:
Dated
David N. Ream ?-
City Manager
ATTEST:
r 1
BY: v1 `? 7
Maria D. Huizar
Clerk of the Council
Dated
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
C / I
BY: Dated 16-"
Jos andoval _
M aging Senior Assistant City Attorney
Conn anncyot?, inc.
Ally 23, 2009
EXHIBIT "A"
LEGAL DCSCRIPTION
I
THAT PORTION 07'' PARCkI. 2, IN T'1-II..CITE' OF SANTA ANA, COUNTY OF ORANGE,. STATE
OF CALIFORNIA, AS SHOWN A MAP FILED IN 1400K 37, P'AGI 9 OF PARCEL MAPS, IN THE. ?
OF'FICL OF THE COUNTY RECOIAX7,R OF SAID COUNTY, C)ESCHIFIEU) AS FOLLOWS:
811:01NINING AT 'lHE INTERSECTION 01= I'H[-.S()U'I'I-IWI:,91.1.INFi OF SAID PARGEt. 2 AND
THE NORTH LINE OF FAIRHAVEN AVENUG: (GO FELTWIDE) AS DCSCRIBE1 D' IN THE DCEfJ
1'O 'I HE CITY OF SANTA ANA, PmcmbED JULY a, 1971 1IN BOOK 0710, PAGE'-: 111, OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONt3 'ITII» NORTH LING OF SAID DEFO
SOUTH 89"02'04" EAST 00.22 IEEE; THUNCI LEAVING SAID NORTH LINT? NORTH
813°07'21" WES3T 9.04 FEET TO THE 13f'GIINNING OF A CURVE.' CONCAve NOk'fHI:ASI'(;RLY
HAVING A RAD€US-01= 82,00 FF.:FT; TFIENCF N01QTI•WLST'I-FALY 40.Y7 1'(_CT ALONG SAID
WRVS THROUGH A CENTRAL ANGLE OF 20"07'36" TO f1'IE 13f=CaINN(NO OF A REVERSL
CURVE CONCAVE SOUTHWESTERLY HAVING A RAC)IUS OF 48.00. FEET, A RADIAL
MARING -1T1KOU(.1.1 SAID POINT BEARS NORI.1.1 31'00'14" EAST; THENCE:
NORTHWI:;.i fl_RLY 37.40 F'EE I' ALONG SAID CURVE THROUGH A CENTRA€. ANGLE OF
44°,12'4(1" TO Tic. M)UTHWI ST LINT. OF SAID 1'AIZCIa. 2, ACING A PRINT ON A
NONTANGENT CURVE. CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 14112109 FEI'z'I',
A RADIAL BtARINU TO SAID CURVE UFMS NORTH 8:6°51'21" 1-AST: THENCE
SOUT'HEASTE'RLY 17.44 FECT ALONG SAID CURVE THROUGH A C.C'WrRAL ANGLE. OF
00°40'20" 1'O THE POINTOr- WGINNING.
CONTAINING 808 SOUARE FEET, MORE OR LESS.
AI.I. AS MORE PARTICULARLY SHOWN ON FXHIW "13" A1T'ACI]ED:HERf.TO AND MAOI" A
PART HEREOF.
DATE -3) TI•113 23110 DAY Of-- JOLY, 2000,
C 1 (4/? Qlrf.) S? i
GWfN-VtILA DCI. CASTILI.O, PI.S I3108 s' 1,.5, 51011 n +'
REGISTRATION EXPIRES 0130111 Ott E XP. (I/:i0/1 S \y'
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L"XI.11011' "A•1"
Lfs(i;AT. DESCRIPTION
TEMPORARY CONSTRUCTION E: NSI-MINI'
'I HAT P ORTION OF PAIZGla. 2, 1N nir G1TY OFSANTA ANA, COUN'T'Y OF ORANGE, STATE
OF CALIFORNIA. AS SHOWN A MAP FH.ItD IN BOOK 37, PAGE 9 OF I'ARCEI_ MAPS. IN 1.1-11:
OFFICE' OF THE COUNTY RCCOPzDI*-R OF SAID-COUNTY, DI:$C:RIFIT:O AS FOLLOWS:
f,OIANIFNCING, AT THE IN1T MBEC; PION OF 'I HE' SOUTHWEST LINE. 01' SAID PARCEL 2
AND THE NORTH LINE Or FAIRHAVEN AVENUE (60 l-f-'F ' WIDE) AS (1EISCRIBIHO 114 THE
Df,' 1 '1'O 1'HN CI'T'Y Of" SANTA ANA, RECORDED.IULY 0, 107.1 IN WOK 07`10, PAGE 111,
OF OFFICIAL RECORDS OF SAID COUNTY; THENCE AI:OpIG THE: NORTH LINT: OF SAIL)
017ED SOUTH 09"02'04' EAST 89.22 FLEI" I'O -1.1•IE TRUE- J?S)LN O 19[ Q?NNING; 'f I I1' 1:
LEAVING SAID NORTH I.IN NOR'I H 00"07'21" WI ST 0,811 FEET TO THE 13r;;GINNING, OI' A
CURVE 0014CAVE NOR'I HEAS'ITRLY I•IAVING A RADIUS 01' 1?2.00 Fl:I:T; THENCE
NORTI-IWf Sff.RI.Y 40.77 I'CED' ALONG SAID CURVE.: THROUGH A or-w1 t. Amur-- OF
29`07'35' TO THE 13L 611INNING OF A REVERSE CURVE' CONCAVE SOUTHWESTERLY
HAVING A RADIUS Of' 40.00 rl=L"T; A RADIAL ULARINO 'fl-IROUQI-T SAID POINT BEARS
NORTH 31°00'14" EAST; T H1 NGI. NORTI-W&STERLY 37.46 FEET ALONG SAID CURVE!
TI-I11OU01.1 A CENTRAL: ANGLE" OF 44°42140" TO 'T'INE f3OU'I'1-IWF$1' LINE OF SAID PARCF-I.
2; 13FING A POINT OK A NONTANGCN'f CURVE CONCAVE SOU'IHWI7-.8TI:RI `( HAVING A
RADIUS OF 1402.69 FEkT, A RADIAL. 13t.ARING TO SAID CURVE 13EAI@S NORTH 05"G1'21"
I-iAJ ; TiiENGE NORTI•IWES-rrR1.Y 5.07 FEET ALONG S41D CURVE THRQUGH A QEN'I'RAL
ANGLE OF 00"11'415' TO A NONTANGENT CURVE: CONCAVE .]OUTI- WG:."3TP'.RI.Y HAVING A
RAOIU8 OF 63.00 FL'L-''f, SAID CURVE IS CONCEN ERIC WITH AND 5.00 I-LET
NORTHEASTERLY OF THE. ABOVE MENTIONED CURVE HAVING A RADIUS OF 411;00 FL-:ET,
A RADIAL BE-AMNG TO SAID Cl1RVl? BEARS NORTH 12°47'1!3'° w i ST; THENCE:
SOU'fl•I1=ASTERLY 40,61 F!?I''f ALONG SAID CURVE THROUGH A CE=NTRAL ANGLE OF
43"47'32" 'fO 'T'I•II'm BEGINNING OF A REVERSE CURVE CONCAVE NOk'fl•I1:ASTERLY
HAVING A RADIUS OF 07.00 FEET. A RADIAL BEARING THROUGH SAID POIN-f BI.ARS
NOR"n-I 3'1°00'14" EAS ; THENCE SOUTHEASTERLY 44.23 FEET ALONG SAID CURVE
THROUGH A CI_NTRAL ANGLE OF 7.9°07'311"; THENCE SOUTH 00°07'21" EAST14,7617ELT;
THENCE SOUTH 00*67'50" WEST +I.ff2 rEE'f 'f'O 'rHE NORTH 1310-1i'l' OF WAY LINE: OF
FAIRHAVEN AVENIAI. HENCE ALONG SAID RI(`vHT OF WAY LINE NOR'f 1043°02'04"WE ST
6,00 FT L='1 TO THE TRUE POINT Of-' 13WINNING.
CONTAINING 496 SQUARE FCLiT, MORE OR LOSS,
ALL. AS MORE PARTICULARLY SHOWN ON FXHI[11T T' ATTACI-II D HERETO AND MADE A
PART HIHVI OI
L)A'I'f»D THIS 231ST. DAY OF JUE N!„2009,
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L OURVCINC.
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EXHIBIT "C"
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one
or more of your general escrow accounts with any bank doing business in the State of California and may be
transferred to any other general escrow account or accounts. The expression "close of escrow" means the
date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis
of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the
issuance of a policy of title insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the
attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims with
respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein
affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is
resolved to your satisfaction, and you shall have the further right to commence or defend any action or
proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all
costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in
connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a
suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully
released and discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly
charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time specified
herein and such additional time as is required to make an examination of the official records, you will return all
documents, money or property to the party entitled thereto upon satisfactory written demand and authorization.
Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the
buyer agrees to buy the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of
which independently shall have the same effect as if it were the original, and all of which taken together shall
constitute one and the same instruction.
'00*&4
CERTIFICATE OF ACCEPTANCE
)001-
This is to certify that the interest in he real property con e ed by deed
dated se 1 o fromr liY laNfl ` Q to
the City of anta Ana, a charter city and Municipal corporation duly
organized under the Constitution and laws of the State of California, is herby
acknowledged 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.
Date:
Witness
-?Z
David N. Ream
PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
State of California
County of Orange ss.
On ?vP,n..lyY 3 zo- c; , before me,_Wiv«, ?- hV'?12,4? a notary public for
the state, personally appeared f\,t v?r N - -'r; personally known to me to
be the person whose name is subscribed to the within instrument, as
witness thereto, who, being by me duly sworn, deposed and said that she
was present and saw David N. Ream, the same person described in and
whose name is subscribed to the within and annexed instrument in his
authorized capacity as a party thereto, execute the same, and that said
affiant subscribed her name to the within instrument as a witness at the
request of David N. Ream.
WITNESS my hand and official seal.
R. HUI
1;"1ZCommb!o-n-#-i7-s977s N0
1" *ubNC - CaWornfa
L4P Otonge County
*CbrM 80UJM2-,
-
7 2012
Notar `' ublic
Notary Seal
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT C%j
0
44
State of California
County of Orange SS
City of Santa Ana
On this 3?d day of November, 2010, before me, Maria R. Huizar , Notary Public,
personally appeared David N. Ream who proved to me on the basis of satisfactory
evidence to be the ersonrpersons whosejn? e/names:y fare subscribed to the within
instrument and acknowledged to me thatChe sWthey executed the same in ( i-s/her/their
authorized ?5: capaeities and that by Wfs'/her4their signatur /sigrratures on the
instrument the ers /persons, or the entity upon behalf of Ifi ch` the rs ft/persGns
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
L
1?
MARIA R. H
COMMUMon N 1 fN7»
Molar tubft • CaNf nft
Witness my hand and official seal.
Signature of Notary
CAPACITY CLAIMED BY SIGNER:
? Individual(s)
? Corporate
? Officers
Title(s)
? Partner(s)
? General Partner of a Limited
? Partnership
? Attorney-in-Fact
? Trustee (s)
? Subscribing Witness
? Guardian/Conservator
? Other:
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
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.
T AXES CANCEL I OAPPROVED AS RN BY ATTY. DIRECI'OR WRITTEN BY
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DESCRIPTION A ,P. MY MAP
C]lECKED•O,K. NUMBER 390-701-05 NUMBER
Portion of 1201 Fairhaven Aven"e, Sankt Ana, CA
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Far West Fairhaven, Ltd., a Limited Partnership
PROJECT
NUMBER
DEED NUMBER
14 - R010-..2v0
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 1201 Fairhaven
Avenue, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF:
Far West Fairhaven, Ltd., a California Limited Partnership
By: Far West Partners, a,?alifontia Limited Partnership
By:
By: Richa!'d W. Silver, as 'Trustee of The Richard W. Silver
1988 Living Trust
Its: General Partner
Dated: SR -A I *?010
By; Richard W. S lvet, Trustee of the Richard W.
Silver 1988 Living Trust,
Its: General Partner
On 0 , before me, D/Nis mk4 a Notary Public, personally appeared
?I who proved to me on the basis of
satisfactory evidence to be the person(s#whose name( is/af&subscribed to the within instrument and acknowledged to
me that heAs4aA4@* executed the same in his 'eOheir authorized capacity6e*, and that by his/#efAheir slgnature4s) on
the instrument the person(e)i, or the entity upon behalf of which the person( 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. DENISE MAY
Commission #f 1848392
Notary Public - California
Orange County
M Comm. Expires May 9, 2013
Signature
(This al•ea for official nolary seal)
M I TAX STATEMENTS AS DIRECTED ABOVE
State of California
County of _ &yw&t?-
['adt tiurve?fisr,, Uu•,
Ally 23. M49
r:Xi•IIDIT "A"
I_tsGAl_ DL•SCftll''I'ION
T'I•I/i f f'Ul?t'i'ION OF F'ARCfiI. 2, IN 'I'I•rE Ct"C1' (}I? ;iANI'I"A AIJA,1 OUNI'I'Y OF OFtr1NC;l?, 3'I'ATL"
OF CALIFORNIA, AS SHOWN A MAP Fll.l i) !NI I;tUOI< 37, PAGE J OP- I?ARCI;I. MAPS, IN 'I"I Tf:
OFFICE" OF TFIL (AUNTY RECORDER (.)F SAID COUNTY, DESCRIBED AS FOLLOWS:
13MINN ING AT THE INTERSECTION 01 'I'r IL: ;,Oll'I'I lWl.il' LINIL': OF SAID PARCrL 2 AND
THE. NORTH LINI:c OF fAIRHAVI N AVENUE (80 fEcF 'I' WIDE) AS DESCRIBED IN THE DEED
TO THE' CI'T'Y Or SANTA ANA, RCCOMI) M JULY D, 1971 IN 1300K 0710, PAGM 1'I1, 01=
OF-FICIAL RI CORI)S OF SAID COUN'1'Y;'I'I-1ENCE ALONG THE NORTH UNE O SAID D M
SOUTH 89"02'04" EAST 89.22 I--L frT; 'I'IIF:NCt: LEAVING SAID NORTH LINE 14ORTI-I
011"07'21" WEST 9.84 FEETTO T'HI_ L3E(ONNIN(1 OF A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 02.00 Fi.-.Fl ; 'ITIFNCE NORTHWESTERLY 40.77 ! I:C f ALONG SAID
CURVE THROUGH A CENTRAL ANOLL OF 29407'3S"'ro iiii BEGINNING OF A REVERSE
CURVE CONCAVE SOUTI•LWESTERLY HAVINO A RADIUS 01" 40.00. rGGT, A RADIAL
BEARING 't HROUCiI•i SAID POINT I3C•.AR8 NORTH 31'00'14" EASY, TT•1lNCL:
NiOR'FI•LWI?uT'I RLY 37.40 I:Ur; I' ALONG SAID CURVE THROUGH A CEN'T'RAL ANGLE UT=
'14"42'41" TO THE SOUTHWEST LINT: OF SAID WARCEL. 2, 131:ING A POINT ON A
NONTANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1413?..tll) FEET',
A RADIAL FEARING TO SAID CURVE' Or:;;Afi$ NORTH 86"16i'21" I::AST; THENCL-`
SOUTHEASTERLY 17.44 FEET At,ONG SAID CURVI THROUGH A CENTRAL ANGLE OF
00°4(1'26" TO THE* POINT OF BEGINNING.
CONTAINING 800 SQUARE MOM" OR LI:SS.
AI.1. AS MORE. PAEt'I'ICL.ILARLY : I•IOWN ON FrXHIBIF "13" /il TACI•II::O HCFCFTO ANO MADI A
FART HEREOF.
I)ATED'ans 23"" DAY Or Jt1L.Y, 2009,
Gwr-r-r,VI IAA UEl. CASTILLO, PLS 6108
REGISTRATION EXPIRES 0130/11
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