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HomeMy WebLinkAboutROMAN CATHOLIC BISHOP OF ORANGE (4) -2012A-2012-163 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on ???? aS? ?_____ 2 01 2 , between the CITY OF SANTA ANA, a charter city and municipal corporationuly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and The Roman Catholic Bishop of Orange, a Corporation Sole (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described and depicted as follows: SEE ATTACHMENT "1" - Legal Description & Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 309 & 315 N. Grand Avenue, Santa Ana, CA) (APN: 398-384-01 & 398-384-17) 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. (a) 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. (b) Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described and depicted on the attached ATTACHMENT "2" and incorporated herein by this reference. 2. Title to be Conveyed. 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 15 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. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, 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 One Hundred Seventy Eight Thousand Five Hundred and Sixty-Five Dollars ($178,565.00) 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 90 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 ATTACHMENT "3" 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 8 and ATTACHMENT "3" 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 for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 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 One Hundred Seventy Eight Thousand Five Hundred and Sixty-Five Dollars ($178,565.00). 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. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 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. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to City and authorized agents or contractors, the right of possession to the area described in ATTACHMENT "2" to perform the work described in Paragraph 30a. However, said right of possession and use shall not be exercised prior to the City, or City's agent, providing Seller with a 48-hour prior written notice to perform the construction items listed in Paragraph 30a 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 City agrees to pay at the rate of $1,108.33 per month, prorated to the actual date of 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 temporary construction easement described above or the project completion date. 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 92701, County of Orange, State of California. The mailing address of the Seller is: The Roman Catholic Bishop of Orange 2811 E. Villa Real Drive Orange, CA 92867 Attn: Mr. Joe Novoa 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. 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 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 seg. (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 seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's 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. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 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 PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA 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 advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 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 PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. 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 6 hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: NONE All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (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: Rework irrigation lines Relocate post/rail fencing 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: The Roman Catholic Bishop of Orange, a Corporation Sole Date: '- lq Z , 2012 Its: G k awk i ^ FAG By: Date: , 2012 Its: City/Buyer City of Santa Ana Paul Walters City Manager Date: '2012 -- Y-5 Attest: t Maria D. Huizar City Clerk Date: bbl , 2012 Approved as to Form: Jos andoval Chi f Assistant City Attorney Date: , 2012 ATTACHMENT "1" EXHIBIT A LEGAL DESCRIPTION (APN 398-384-01) PARCEL "A" Those portions of Lots 8 and 9 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per map tiled in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, lying westerly and northwesterly of the following described line: Commencing at the intersection of the centerline of Fourth Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, tiled in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Fourth Street having a bearing of "N 89°42'20" W'; thence along said centerline South 89042'20" East, 94.98 feet; thence perpendicular to said centerline South 00° 17'40" East, 40.00 feet to the northerly line of said Block "A" and the True Point of Beginning; thence South 43°58'36" West, 36.18 feet more or less to a point that is 66.16 feet southerly of the centerline of said Fourth Street and 70.29 feet easterly of said survey line; thence South 02°12'50" West 46.69 feet to the beginning of a curve concave easterly, having a radius of 6,934.00 feet; thence southerly along said curve 51.76 feet through a central angle of 00°25'40" to the south line of said Lot 9. Excepting therefrom the westerly 10.00 feet of said Lot 9. Also excepting therefrom those portions of said Lot 9 described in Deed recorded December 15, 1965 in Book 7774, Pages 374 & 375 of Official Records in the Office of the County Recorder of Orange County, California. Containing 1,911 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof: Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-ofWay and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. L A CNc C Pc?\ S© -? p CL u egory bourn, PLS 83_ --- * PLS 8395 Page I of I S .SIIARFD`2010142 SantaAnaSurvcying&Mapping004 Grand Avenue Wideningd_egal Description`.AI'N 398.384-01 Revised 201 1-1 1-1 R.doc ` ( ) = PER RS2009-1093, R.S.B.236/17-20, O.R. i FOURTH STREET I S89'42'20"E 94.98'I P.O.C. NW LY COR.:°- ii T.P.O.B. g LOT 9 M.R. 13/45 ci ci ?n I -?- 70.29' J n 35.00' W ^ ca Q J Im Z I J -10' W 0= Z > 4 > LOT 9. of I J 10' J I L4 ? IM I I u- w CN --20---1 I Y) •"' co w a z v I Z v co W I M Q co I I ro o I 35.00' LOT 110 CD 20' 1 I ? \ I SW LY COR. - - LOT 10, M.R. 13/45 L71 i ?I J I i i \ NE'LY COR. LOT 8, / M.R. 13/45 oor J II I LOT 8 LOT 7 Q co a Z O Y co M U _j p Q Lo \ N88'12350_W RAQ O I Z ?- J O ? I-- O Of m i ? v co M co m M LOT 11 LOT 12 SE'LY COR. LOT 11, M.R. 13/45 00 c`nv THI-RD``STREET (N89'41'25"W) I EXHIBIT B PARCEL "A" 1,911 SQ. FT. SANTA? A.P. NO. 398-384-01 PWAJ SKETCH m="W i N.T.S. CURVE TABLE CURVE LENGTH RADIUS DELTA C1 51.76' 6934.00' 0'25'40" C2 37.97' 25.00' 7'01'00" LINE TABLE LINE LENGTH BEARING L1 40.00' N00*17'40"E L2 36.18' N43'58'36"E L3 46.69' N02'12'50"E L4 12.62' N89'41'52"W L5 73.41' N00'32'52"E L6 27.49' N03'16'40"E L7 13.99' S89'42'20"E EXHIBIT A LEGAL DESCRIPTION (APN 398-384-17) PARCEL "A" Those portions of Lots 10 and 11 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per map filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, lying southwesterly and westerly of the following described line: Commencing at the intersection of the centerline of Third Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, filed in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Third Street having a bearing of "N 89°41 '25 " IV'; thence along said centerline South 89°41'25" East, 81.30 feet; thence perpendicular to said centerline North 00°18'35" East, 25.00 feet to the True Point of Beginning being a point on the southerly line of said Block "A"; thence North 41°51'22" West, 22.79 feet more or less to a point that is 42.15 feet northerly of the centerline of said Third Street and 66.13 feet easterly of said survey line, said point also being on a non-tangent curve concave easterly having a radius of 6,934.00 feet, a radial line to said point bears North 89°06'05" West; thence northerly along said curve 107.42 feet through a central angle of 00°53' 15" to a point in the northerly line of said Lot 10. Excepting therefrom those portions of said Lot 10 described in Grant Deed recorded May 16, 1997 as Instrument No. 19970228574, Official Records, in the Office of the County Recorder of Orange County, California. Containing 1,436 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof: Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-of-Way and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. regc a "cbourn, PLS 8395 A (o a ? c- v *1 PLS 8395 )* P OF FAO? Page I of 1 S°SNARIA)'201014 SantaAttaSurveying&MappinK',(XW Grand Avenue Wideningl.egal Descriptiow.APN 398-394-17 Revised 2011-11-19.&C ( ) = PER RS2009-1093, R.S.8.236/17-20. O.R. i FOURTH STREET NW'LY COR. g LOT 9, I M.R. 13/45 NE'LY COR. I z ? LOT 8, 5In I M.R. 13/45 .00' w n i W ` I (-? ?' 10r` I LOT 8 LOT 7 w >- I I ( LOT1 9 1 0 uui I I co Q Z O ? Y 1= m ao °' Ups ODd > m i M ? ? I I I?cn? m I ^ L12 p i- w I N89'12_, CW RAQ W c -+20' O F ? V I ?n F- O? w 0 a- Z W 00 r7 U 0 M 1 a I J c" m I a co LOT 12 Z 35.00' LOT 10 I LOT 11 I C7 zo' I-•-- 66.13' _ N89'0605_W RAD SE'LY COR. LOT 11, R. 13/45 m SAY COR. - - - - - - - M RO 13/45 d L15 ° i T.P.O.B. S89.41'25"E 81.30' t 75 -- ,j N THIRD STREET _ ^- (N89'41'2 5"W F Ro'c' I EXHIBIT B PARCEL "A" 1, 436 SQ. FT. SANTA ANA A.P. NO. 398-384-17 PWA SKETCH TO ACCOMPANY LEGAL DESCRIPTION ??? i CURVE TABLE CURVE LENGTH RADIUS DELTA C10 107.42'1 6934.00-1 0-53-1.971 LINE TABLE LINE LENGTH BEARING L10 25.00' N00'1 8'35"E L11 22.79' N41'51'22"W L12 12.62' N89'41'52"W L13 107.56' S00'32'52"W L14 L15 23.99' 9.20' S44'34'1 5"E S89'41'25"E ATTACHMENT "2" EXHIBIT A LEGAL DESCRIP'T'ION (APN 398-384-01 Temporary Construction Easement) PARCEL. "B" A strip of land, 10.00 feet in width, over those portions of Lots 8 and 9 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per map tiled in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, the westerly line of said 10.00 foot strip is described as follows: Commencing at the intersection of the centerline of Fourth Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, filed in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Fourth Street having a bearing of "N 89'42'20" tr'; thence along said centerline South 89°42'20" East. 94.98 feet; thence perpendicular to said centerline South 00°17'40" East, 40.00 feet to the northerly line of said Block "A" and the True Point of Beginning; thence South 43°58'36" West, 36.18 feet more or less to a point that is 66.16 feet southerly of the centerline of said Fourth Street and 70.29 feet easterly of said survey line; thence South 02" 12'50" West 46.69 feet to the beginning of a curve concave easterly, having a radius of 6,934.00 feet; thence southerly along; said curve 51.76 feet through a central angle of 00°25'40" to the south line of said Lot 9. The easterly and westerly lines of said strip of land to be lengthened or shortened so as to terminate northerly at the northerly line of said Lot 8 and southerly at the southerly line of said Lot 9. Containing 1,354 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof. Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-of-Way and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. egory ebourn, P11,S 8395 - - - LAN1;1- a c? *? PLS 8395 l* ,F, pfi CC Page I of I S..SIiAREI)2010142 SantaAnaSurvcying&cMapping I(14 Grmd Avenue Widening`.Lcgal 1)cscriptiun'•APN 39.4-384411 "rC'[.doe 4 ( ) = PER RS2009-1093, R.S.8.236/17-20, O.R. i FOURTH STREET _ (N8942 20"w) - ` S89'42'20"E 94.98' i P.O.C. a NW'LY COR. T.P.O.B. R I LOT 9, M.R. 13/45 L7 1Sd ° Gtii 11 NE'LY COR 70.29' - ' Z' fi 35.00 cp JI --. _Z I w 'ter > LOT 19 _ D! I J I >i ip' I I ? I t L4 o . _. ?W N -+20'7 I? M ! 01) W Q ? Z LLJ ` . OD I M co I I I rn o 35.00' I LOT 110 0 I 20' I I SW'LY COR. - - - LOT 10, I.R. 13/45 LOT 8, 'oo . M.R. 13/45 0 i N. T. S. 10.00' LOT 8 I LOT 7 PARCEL "B- 0 co ¢ O rn Y H U p U) M 10.00' -J < \ N8§12„ ?W RAO O ?- I O -i H 1- 0' O m Q 0_ OD M m M I LOT 12 I LOT 11 (N89-41'25"W) CURVE TABLE CURVE LENGTH RADIUS DELTA C1 51.76' 6934.00'1 0-25'40" C2 37.97' 25.00' 7'01'00' LINE TA BLE LINE LENGTH BEARING L1 40.00' N00*17'40"E L2 36.18' N43'58'36"E L3 46.69' N02'12'50"E L4 12.62' N89'41'52"W L5 73.41' N00'32'52"E L6 27.49' N03'16'40"E L7 13.99' S89'42'20"E SE'LY COR. LOT 11, M.R. 13/45 0 N THIRD STREET F--- EXHIBIT B PARCEL "B" 1, 354 SQ. FT. SANTA ANA A.P. NO. 398- 384- 01 f P-7 TEMPORARY CONSTRUCTION EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT A LEGAL DESCRIPTION (APN 398-384-17 Temporary Construction Easement) PARCEL "B" A strip of land, 10.00 feet in width, over those portions of Lots 10 and 1 I of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per map filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, the westerly line of said 10.00 foot strip is described as follows: Commencing at the intersection of the centerline of Third Street with the survey line of' Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, filed in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Third Street having a bearing of "N89'41'25" 6P"; thence along said centerline South 89°41'25" East, 81.30 feet; thence perpendicular to said centerline North 00°18'35" East, 25.00 feet to the True Point of Beginning being a point on the southerly line of said Block "A"; thence North 41 °51'22" West, 22.79 feet more or less to a point that is 42.15 feet northerly of the centerline of said Third Street and 66.13 feet easterly of said survey line, said point also being on a non-tangent curve concave easterly having a radius of 6,934.00 feet, a radial line to said point bears North 89°00'05" West; thence northerly along said curve 107.42 feet through a central angle of 00°53' 15" to a point in the northerly line of said Lot 10. The easterly and westerly lines of said strip of land to be lengthened or shortened so as to terminate northerly at the northerly line of said Lot 10 and southerly at the southerly line of said Block A. Containing 1,308 square feet, more or less. All as shown on Exhibit B. attached hereto and by this reference made a part hereof. Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-ofWay and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. 7 ,r--g y Sebourn, PLS 8395 Iy?? Nhj- LA <<??Q?1 C S ?.:SC?? C) .a C- a c> ?l? *1 PAS 8395 1* Page 1 of I S.,S11ARED'2010142 S:intaAnaSuiveYirigl.Mapping`,IN14 Grand Avow Widcning.Lcgal De.cnption`APN 398-384-171VE.duc ( ) = PER RS2009-1093, R.S.B.236/17-20, O.R. i FOURTH STREET 89'42'20"w) - N W'LY COR. LOT 9, I M.R. 13/45 I ? - - f I ? I 35.00' 1'' ^ Z w >- I I a > LOT 1 9 1 ? cn I co I 10' 1 I fY ( _ ? I 1 ui L12 O 1 N8 v N -- 20'' m ' N 1 OD I U LLJ Z o Z 1 a 0 ui v OD M I - O Q i M co J _ .Z 35.00' LOT 110 20' I 66.13' N8! SW'LY COR. ` ' LOT 10, v) L15 M.R. 13/45 S89'41'25"E 81.30' (N89 '41'25"1 P.O.C. 8 NElY C0R. LOT 8, M.R. 13/45 LOT 8 I LOT 7 co az = 0 I m U p M m a ?. Iu-0 O I- 2,_5CW RAO ( O J H 0m c a_ co M i CD M I LOT 12 LOT 11 10.00' 1 o° bC OS_W_RAD SE'LY COR. LOT 11, M.R. 13/45 T.P.O.B. o N THIRD STREET F -- EXHIBIT B PARCEL "B" ,308 SQ. FT. ?SANTA ANNA A.P. NO. 398-384--17 ¦ PWA ¦ TEMPORARY CONSTRUCTION EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION i CURVE TABLE CURVE LENGTH RADIUS DELTA C10 107.42' 6934.00' 0'53'15" LINE TABLE LINE LENGT BEARING L10 25. ' N00'18'35"E L11 22.79' N41'51'22"W L12 12.6Z N89'41'52"W L13 107.56' SOQ'32'52"W L14 23.99' S44'34'1 5"E L15 9.20' S89-41'25"E ATTACHMENT 113" 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. A-2012-163 AND SALE AGREEMENT FOR ACQUISITION REAL PROPERTY RUCTIONS AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into onA?`,?i6i 12 _____- 2 012, 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 The Roman Catholic Bishop of Orange, a Corporation Sale (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described and depicted as follows: SEE ATTACHMENT "1" - Legal Description & Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 309 & 315 N. Grand Avenue, Santa Ana, CA) (APN: 398-384-01 & 398-384-17) 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. (a) 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. (b) Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described and depicted on the attached ATTACHMENT "2" and incorporated herein by this reference. 2. Title to be Conveyed. 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 15 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. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, 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 One Hundred Seventy Eight Thousand Five Hundred and Sixty-Five Dollars ($178,565.00) 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 90 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 ATTACHMENT "3" 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 8 and ATTACHMENT "3" 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 for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 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 One Hundred Seventy Eight Thousand Five Hundred and Sixty-Five Dollars ($178,565.00). 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. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 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. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to City and authorized agents or contractors, the right of possession to the area described in ATTACHMENT "2" to perform the work described in Paragraph 30a. However, said right of possession and use shall not be exercised prior to the City, or City's agent, providing Seller with a 48-hour prior written notice to perform the construction items listed in Paragraph 30a 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 City agrees to pay at the rate of $1,108.33 per month, prorated to the actual date of 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 temporary construction easement described above or the project completion date. 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 92701, County of Orange, State of California. The mailing address of the Seller is: The Roman Catholic Bishop of Orange 2811 E. Villa Real Drive Orange, CA 92867 Attn: Mr. Joe Novoa 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. 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 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 seg. (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. To the best of Seller's 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. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 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 PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA 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 advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each parry 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 PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. 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 6 hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: NONE All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (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: Rework irrigation lines Relocate post/rail fencing 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: The Roman Catholic Bishop of Orange, a Corporation Sole By- Date: J3??1.t? 7i? , 2012 Its: UjcaIt riouni GNr A&A Ill t By: Date: , 2012 Its: City/Buyer City of Santa Ana Paul Walters City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: sJe Sandoval h of Assistant ity Attorney Date: q - '2012 Date: -f 2012 Date: , 2012 ATTACHMENT 111" EXHIBIT A LEGAL DESCRIPTION (APN 398-384-01) PARCEL "A" Those portions of Lots 8 and 9 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per map filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, lying westerly and northwesterly of the following; described line: Commencing at the intersection of the centerline of Fourth Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, filed in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Fourth Street having a bearing of "N X49°42'20" W'; thence along said centerline South 89°42'20" East, 94.98 feet; thence perpendicular to said centerline South 00°17'40" East, 40.00 feet to the northerly line of said Block "A" and the 'T'rue Point of Beginning; thence South 43°513'36" West, 36.18 feet more or less to a point that is 66.16 feet southerly of the centerline of saki Fourth Street and 70.29 feet easterly of said survey line; thence South 02°12'50" West 46.69 feet to the beginning of a curve concave easterly, having a radius of 6,934.00 feet; thence southerly along said curve 51.76 feet through a central angle of 00°25'40" to the south line of said Lot 9. Excepting therefrom the westerly 10.00 feet of said Lot 9. .Also excepting therefrom those portions of said Lot 9 described in Deed recorded December 15, 1965 in Book 7774, Pages 374 & 375 of Official Records in the Office of the County Recorder of Orange County, California. Containing; 1,911 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a park hereof. Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-of-Way and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. LAN, 5 ac 4 -': ?- --.? * PLS 8.395 'r ' T ? T CAL"C Pale I of I 8:\S1IARti1Y,2010142 _SanluAn.lSurvcying&Mapping\004_Grdnd Avenue widcning%Lcgal Descriplion\A1'N 393-394-01 Revised 2011-11-18.doc r, 4 ( ) = PER RS2009-1093, R.S.B.236/17-20, Q.R. i FOURTH STREET S89'42'20"E 94,98' P.O.C. b NW'LY COR, ? ii T.P.O.B. LOT 9, M.R. 13/45 L7 p- 1 / \NE'LY COR. W, / LOT 8, -+--- 70 29' M.R. 13/45 35.00' w ^ < l L `1 -i ^- ?, I -? 1Q' W -ill LOT 8 LOT 7 I °- I Li > LOT 9 o I O ? M 00 C) Q ' U m O 10 I _j Q I`r7 w b + L4 i 10 N88'12'S0"W -BAD I Z 04 p I 0m LLJ (0 C) z i o co d :z Lu co I < co ( c" I I I co I I M LOT 12 35 00' LOT j 10 LOT 11 . i CURVE TABLE CURVE LENGTH RADIUS DELTA C1 51.76' 1 69-34.00'1 0'25'40" C2 37.97' 25.00` 87'01'00" LINE TA BLE LINE LENGTH BEARING L1 40.00' N00`17'40"E L2 36.18' N43'58'36"E L3 46.69' N02'12'50"E L4 12.62' N89`41'52"W L5 73.41' N00'32'52"E L6 27.49' N03'16'40"E L7 13.99' S89`42'20"E 20' l SETY COR. LOT 11, ? M.R. 13/45 SW'LY COR. - - - LOT 10, M.R. 13/45 N THIRD STREET (N89`41'25"W) I EXHIBIT B PARCEL "A" 1,911 SQ. FT. SANTA ANA A.P. NO. 398-384-01 PW? SKETCH TO ACCOMPANY Ant gm moo? LEGAL DESCRIPTION EXHIBIT A LEGAL DESCRIPTION (APN 398-384-17) PARCEL "A" Those portions of Lots 10 and 11 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per reap filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, lying southwesterly and westerly of the followinb described line: Commencing at the intersection of the centerline of 'third Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 20091093, filed in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Third Street having a bearing; of "1V 89141'25 " YV"; thence along said centerline South 89°41'25" East, 81.30 feet; thence perpendicular to said centerline North 00° 1$'35" East, 25.00 feet to the '.Prue Point of Beginning being a point on the southerly line of said Block "A"; thence North 41°51'22" West, 22.79 feet more or less to a point that is 42.15 feet northerly of the centerline of said Third Street and 66.13 feet easterly of said survey line, said point also being on a non-tangent curve concave easterly having a radius of 6,934.00 feet, a radial line to said point bears North 89°06'05" West; thence northerly along said curve 107.42 feet through a central angle of 00°53' 15" to a point in the northerly line of said Lot 10. Excepting therefrom those portions of said Lot 10 described in Grant Deed recorded May 16, 1997 as Instrument No. 10970228574, Official Records, in the Office of the County Recorder of Orange County, California. Containing 1,436 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof. Subiect to all Covenants, Conditions, Rescivations, Restrictions, Rights-of-Way and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. C. SFd rP? PLS 8395 Pa-e I of 1 S:\S1iARFI)'?)010142,.,SantaAtaa5urveying&M.ipping1004_Gt;md Avenue Widening\L.cpal DescripiioWAPN 398-384-17 Revised 2011-1 1-18.doc ( ) = PER RS2009-1093, R.S.B.236/17-20. O.R. i FOURTH STREET NW'LY COR. q LOT 9, d M.R. 13/45 60 VNE 'LY COR. z^ , OT 8, M.R. 13/45 35.00' I I -- 10'?-- I LOT 8 I LOT 7 w ?- ( I ( LOT 1 9 I o w +? I 00 Z Q h _ ~ co U 10' 1 M ?C \ m (Li 2 I V) r0 o? 0 Ns8`12L„5QLV RAD I W i CURVE TABLE CURVE LENGTH RADIUS DELTA C10 107.42'1 6934.00'1 0'5.3'15" LL -j W -x-20 0 ' GL tJ? cv ?.. < w r7 I o 00 i ?- o m CL z W ?? 0 rj ? O m I ? CO U _ < a I , M Cl- I LOT 12 z 35 00' LOT I 1 o LOT 11 . G? LINE TABLE LINE LENGTH BEARING L10 25.00' NOO'18'35"E L11 22.79' N41.51'22"W L12 12.62' N89'41'52"W L13 107.56' S00'32'52"w L14 23.99' S44'34'1 5"E L15 9.20' S$9'41'25"E i 20' 1 -F 66.13' - N89'066'05"W RAD SE'LY COR. LOT 11, <1 /vl M.R. 13/45 I SW'LY COR. - - - - - - L15 LOT 101 0 M.R. 13/45 01 T.P.O.B. I - s89•41'25"E 81.30' i - 1 N THIRD STREET 14- P.O.C. (N89'41'25"W) 1 EXHIBIT B PARCEL "A" 1,436 SQ. FT. SANTA ANA A.P. NO. 398-384-17 ??A SKETCH TO ACCOMPANY LAj LEGAL DESCRIPTION ATTACHMENT "2" EXHIBIT A LEGAL DESCRIPTION (APN 398-384-01 Temporary Construction Easement) PARCEL "B" A strip of land, 10.00 feet in width, over those portions of Lots 8 and 9 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per map filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, the westerly line of said 10.00 foot strip is described as follows: Commencing at the intersection of the centerline of Fourth Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, fled in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Fourth Street having a bearing of "N 89°42'20 " PY"; thence along said centerline South 89°42'20" East, 94.98 feet; thence perpendicular to said centerline South 00°17'40" East, 40.00 feet to the northerly line of said Block "A" and the True Point of Beginning; thence South 43°58'36" West, 36.18 feet more or less to a point that is 66.16 feet southerly of the centerline of said Fourth Street and 70.29 feet easterly of said survey line; thence South 02°12'50" West 46.69 feet to the beginning of a curve concave easterly, having a radius of 6,934.00 feet; thence southerly along said curve 51.76 feet through a central angle of 00°25'40" to the south line of said Lot 9. The easterly and westerly lines of said strip of land to be lengthened or shortened so as to terminate northerly at the northerly line of said Lot 8 and southerly at the southerly line of said Lot 9. Containing 1,354 square fleet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-ofWay and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. egor . 'eboum, PLS 8395 ,0 PLS 8395 Page 1 o't'l S:\SHARE17Q010142. $antztAnasurveying&Mttppingi004_Grmd Avenue Widen inekl-egaI Uescription'Al'N 393-384-11 TCL.doc ( ) = PER RS2009-1093, R.S.B.236/17-20, O.R. FOURTH STREET (N89*42 2o'w) 589'42'20"E 94.98' I P.O.C. 0 NW'LY COR. ° T.P.O.B. R 1 LOT 9, M.R. 13/45 L7 02 I f I NE'LY COR 70.29' n 35.00' w co L"d W ? ? I 1 LLJ II? Q I > LOT 19 . ? ry I pe) m I I I I L4 O u- ...20' 04 M ? I uu z co Q cI ©? I M 35.00 LOT 119 CJ I I 20' I I l\ SW'LY COR. - - - LOT 10, M.R. 13/45 LOT 8, 'oa M.R. 13/45 O• 10.00' i N.T.S. "' I LOT 8 LOT 7 PARCEL "B" Q M I F- - co J o¢ ` 10.00' m LL NSEI:L55Q;W RAD I Q H Z W . j f- F- Of I O m i ? I Q 00 M (I I 00 ro I LOT 11 ( LOT 12 it (N89'41'25"W) I CURVE TABLE CURVE LENGTH RADIUS DELTA C1 51.76' 6934.00' 0'25'40" C2 37.97' 25.00` 87'01'00" LINE TABLE LINE LENGTH BEARING L1 40.00' N00*17'40"E L2 36.18' N43'58'36"E L3 46.69' N02'12'50"E L4 12.62' N89'41'52"W L5 73.41' N00'32'52"E L6 27.49' N03'1 6'40"E L7 13.99' S8942'20"E SE'LY COR. LOT 11, M.R. 13/45 Q N THIRD STREET F - ---- - EXHIBIT B PARCEL "B" 1,354 SQ. FT. SANTA A¦N?A¦? A.P. NO. 398--384-01 P? WA ¦ TEMPORARY CONSTRUCTION EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION Im%= EXHIBIT A LEGAL DESCRIPTION (APN 398-384-17 Temporary Construction Easement) PARCEL "B" A strip of land, 10.00 feet in width, over those portions of Lots 10 and 11 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per map filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, the westerly line of said 10.00 foot strip is described as follows: Commencing at the intersection of the centerline of 't'hird Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, filed in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Third Street having a bearing of "N89'41'25" TV'; thence along said centerline South 89°41'25" East, 81.30 feet; thence perpendicular to said centerline North 00'18'35" East, 25.00 feet to the True Point of Beginning being a paint on the southerly line of said Block "A"; thence North 41°51'22" West, 22.79 feet more or less to a point that is 42.15 feet northerly of the centerline of said Third Street and 66.13 feet easterly of said survey line, said point also being on a non-tangent curve concave easterly having a radius of 6,934.00 feet, a radial line to said point bears North 89°06'05" West; thence northerly along said curve 107.42 feet through a central angle of 00'53'15" to a point in the northerly line of said Lot 10. The easterly and westerly lines of said strip of land to be lengthened or shortened so as to terminate northerly at the northerly line of said Lot 10 and southerly at the southerly line of said Block A. Containing 1308 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof. Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-ofWay and Easements of record, if any. Prepared by me or under my direction on November 28, 2011. 1. GA Lf?q 1 V PLS 835 Sebourn, PLS 8395 * t? 1'age 1 of 1 S:ISIIAIt l)'201014 ,_SantaAnaSutvcvingk?LMitppittg\004 Gtand Avenue Widenind?Legal DescriptionWIN 398-384-17'TC'G.doc ( ) = PER RS2009-1093, R.S.B.236/17-20, O.R. I FOURTH STREET 4? (N89'42'20"W) - - - - NW'LY COR. " LOT 9, I M.R. 13/45 ! o / E'LY COR. \ N n \ LOT 8, }h M.R. 13/45 35.00' w l .... ? J I ' ' w_ ( .-.t -• 10 LOT 8 LOT 7 w >- ?? LOT?9 ^ dz o I 1 ¢ I co M Lo a >; 10 I m Q \ L12 _ 0 1-- N88'125CW RAD I Z W i CURVE TABLE CURVE LENGTH RADIUS DELTA C10 107.42' 6934.00' 0'53'15" LL LLJ in I m Q' Q co I w N i o m W ?o i I a co Z c0 rn tn i d r? o0 --' l c_a c.) I co 1 rn I LOT 12 ( LOT 11 35.00 LOT 10 f ' ( 10.00 fn LINE TABLE LINE LENGTH BEARING L10 25.00' NOV 8'35"E L11 22.79' N41'51'22"W L12 12.62' N89'41'52"W L13 107.56' 500'32'52"W L14 23.99' S44'34'15"E L15 9.20' S89'41'25"E 20' N89.06'05_W RAD - SE'LY COR. ? ?? LOT 11, M.R. 13/45 ? PARCEL "B" SW'LY COR. - J- z 1,308 SQ. FT. in LOT 10, j 17 M.R. 13/45 N L15 Ol 751 'o T.P.O.B. „ S89'41 25 E 81.30' t ?"I N THIRD STREET - P.O.C. EXHIBIT B SANTA ANA A.P. NO. 398-384-17 ¦ P-? TEMPORARY CONSTRUCTION EA SEMEN T SKETCH TO ACCOMPANY LEGAL DESCRIPTION ATTACHMENT "3" 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. 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 CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A. P. RAV MAP PROJECT TAXES FORM BYATTY DIRECTOR WRITIENBY CHECKED-O.K NUMBER 398-384-0I&17 NUMBER NUMBER X 309 & 315 N. Cmnd Avenue, Santa Ana, CA DEED NUMBER`' S Iy GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Roman Catholic Bishop of Orange, a Corporation Sole 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 309 & 315 North Grand Avenue, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated < t k m?i Dated By: Its: By: Its: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Grant Deed dated June 29, 2012, from The Roman Catholic Bishop of Orange, a Corporation sole regardless of number or gender to the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: Dated City Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of i y'a n! On A )AL 2A U1 L before me, lit S E, /! Date Here Insert ame and Title f the officer personally appeared M I r h4a Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nameV) is/are subscribed to the within instrument and acknowledged to me that he/shefth'ey executed the same in his/heetl of - authorized capacity(i ), and that by his/herfttrefr signature(A on thlb instrument the LISA E. EMPperson(j), or the entity upon behalf of which the C0 = person(r) acted, executed the instrument. 5L otary Public - California ORANGE COUNTY i I certify under PENALTY OF PERJURY under the JULY 24, 2015 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of tary Pub' 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 Documen Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ? Corporate Officer - Title(s): ? Individual ? Partner - ? Limited ? General Top of thumb here ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing Signer's Name: Number of Pages: ? Corporate Officer - Title(s): ? Individual ? Partner - ? Limited ? General Top of thumb here ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing ?I -. ??•? ??o.????a? ?..,,a?y .,?????QO??? - X111-1-N-d1y.V1y - i-oVU-ua rvviHnx )I-CVV-t5/b-btlZ/) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange SS City of Santa Ana On this 9th day of August, 2012, before me, Maria D. Huizar , Notary Public, personally appeared Paul M. Walters who proved to me on the basis of satisfactory evidence to be theq?'ersbrilperseps whose m esdVafe subscribed to the within instrument and acknowledged to me thatdl jo§Re/tt ey executed the same ink/her1theif-- authorized papa 11a lcapacities and that by ?VherA-heirCsigi t ?e/sjgnataf-es on the instrument Me per?o?pe?arts, or the entity upon behalf of which th per n/ ersan, acted, executedhe Instrument. I certify under PENALTY OF PERJURY under he laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL ? UIZAR 14b Notary Public -California Orange County CAPACITY CLAIMED BY SIGNER: M ArRIA r?? D. . HIZAR Commission # 1974202 .. M Comm. Expires r 5 2018 ? Individual(s) ? Corporate ? Officers Witness my hand and official seal. avvV'-', _- Signature of Notary SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: Roman Catholic Bishop of Orange County (APN # 398-384-01 and 398-384-17) TITLE OR TYPE OF DOCUMENT: GRANT DEED & PURCHASE AND SALE AGREEMENT NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: Title(s) ? Partner(s) ? General Partner of a Limited ? Partnership ? Attorney-in-Fact ? Trustee (s) ? Subscribing Witness ? Guardian/Conservator ? Other: EXHIBIT A LEGAL DESCRIPTION (A-PL 398-384-01) A ARCEL "if Those portions of Lots 8 amid 9 of Block A., Bardett's A..ddi:tion. to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, per neap filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, lying westerly and northwesterly of the following described line:: Commencing at the intersection of the centerline of Fourth Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said surveY line. is shown on Record of Survey 2009-1093, filed in Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Fourth Street having a bearing of "rti 89°4.2'20" thence along said centerline South 89°42'20" East, 94.95 feet; thence perpendicular to said centerline South 00*17'40" East, 40.00 feel to the northel•ly line of said Block "A" and the True Point of Beginning; thence South 43°58'36" West, 36.18 feet more or less to a point that is 60.16 feet southerly of the centerline of said Fourth Street and 70.29 feet easterly of said survey line; thence South 02°12'50" West 46.69 feet to the beginning of a cure concave easterly, having a radius of 6,934.00 feet; thence southerly along said curve 51.76 feet through a central angle of 00°25'40" to the south line of said Lot 9. Excepting therefrom the westerly 10.00 feet of said Lot 9. Also excepting therefrom those portions of said Lot 9 described in Deed recorded December 15, 1965 in Book 7774, Pages 374 & 375 of Official Records in the Ot1i"ice of the County Recorder of Orange County, Calif6niia. Containing*,1,91.1 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof: Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-of-Way and Easements of record, if any. Prepared by me or under my direction on November 28, 2011 egnt? bourn, I'LS 53 Page I of 1 8:;S1{Ar{LLi'„ {)1{5142 S?ntaArlSt n }?rgdl?da dirt iNt4 ;rand Avenue ttiidcn c'& pl T3-c pt,on1APN 30-354-[fit Revisal 213.11-I1-18,dov EXHIBIT A LEGAL DESCRIPTION (APN 3911-384-17) PARCEL "A" These portions of Lets 10 and 1 l of :Block A. Bartlett's Addition to the Tovm of Santa Ana, in th.e City of Seta Ana, County of Orange, State cif California; per anap filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California,1yini southwesterly and westerly of the following described line: Commencing at the intersection of the cettterlizte of Third Street with the survey line of Grand Avenue. (fora-nerly Bartlett Avenue). ,as said survey line is shown on Record of Survey 2009-1093, filed in. Book 236, Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Third Street having a bearing of "N 89'41'25 " If"; thence along said centerline South 89*41'25" East, 81.30 feet; thence perpendicular to said centerline North 00°18'35" East, 25.00 feet to the True Point of Beginning being a point on the southerly line of said Block "A"; thence North 41°51'22" West, 22.79 feet. more or less to a point that is 42.15 feet northerly of the centerline of said Third Street and 66.13 feet easterly of said survey tine, said point also being on a non-tanbent curve concave easterly having a radius of 6,934.0(3 feet, a.radial line to said point bears North 89106'05" West; thence northerly along said. curs=e 107.42 feet through a central angle of 00°5315" to a point in. the northerly line of said Lot 10. Excepting therefrom those portions of said Lot 10 described in Grant Deed recorded lea}, 1.6, 1997 as Instrument No. 19970228574, Official Records, in the Office of the County Recorder of Orange County California. Containing 1,436 square feet, shore or less. All as shown on Exhibit B. attached hereto and by this reference matte a part hereof. Subject to all Covenants, Conditions, Reservations, Resnfctions, Rights-of-Way and. Easements of record, if any. Prepared by me or under my direction on I`rovetnber 28, 2011. Page 1 of 1 'S31A)21:L3'M014' a?faAtsaSxrveyin tv7Etp i»?i t4_Cir n A. °inu?V?`iii zic ':Cc sl DescriptiorA.$PN ??`lf°3t?-l r RevkM 2011.11-1 &.doc ( ) = PER RS2009-1093, R.S.B.236/17-20, O.R. FOURTH STREET _(N? ?894'0"w) _ P? 7 S89`42'20`E 94.98' P.O.C. I NW LY COR. i? T.P.O.B, a LOT 9. 46 It M.R. 13/45' L7 NE'LY COR, "?? LOT 8, { J ? .M, R..1. 70.29 w Alt r---35.00' w 1, r+. z I ? I W 0- a ---- 10 , ¢ J I? LOT 8 LOT 7 : LOT 9 , c ) > Lti W l J } M _ cc 00 cyl U-) 10 [?] c 7 I L4 I LL- LLJ ZE .. -I _ o 0 ?? `? Na8ti2'50'w RAQ W c LL Li t - X20' Q N.T.S. CURVE TABLE URVE LENGTH RADIUS (DELTA C1 51.76' 6934.00' 0'25'40„ C2 37.97' 25.00' 87"01'00" N I <C a m ? Ia z U-i CD I co m o l ?' OT 12 C Z 3s 00' LOT 110 I LOT 11 I L . ? C9 LINE TA BLE LINE LENGTH BEARING L l 40.00' N 00*17' 40"E L2 36.16' N43'58'36"E L3 46.69' N02'1 2'50"E L4 12.62' N89'41'52"W L5 73.41' N00'32'52"E L6 27.49' N03'1 6'40"E L7 13.99' S89'42'20"E z0' f I I* SE'LY COR. LOT 11,. M:R. 13/45 I SWLY COR. LOT 10, M.R. 13/45 _ THIRD STREET (N89'41'2,5"w) EXHIBIT B PARCEL "A" 1,911 SQ. FT. SWA, MA A.P. NO. 3987 v3 4 -01 LLA SKETCH TO ACCOMPANY p=,m.Zw LEGAL DESCRIPTION ( ) = PER RS2009-1093, R.S.e,236r17-20, O.R, FOURTH STREET NW'LY COR. LOT 9, MA 13.,145_ ? 7-dl NI'L`( COR. "- LOT 8, M.R. 13/45 35. I ui 00` z LOT 8 ? LOT 7 ui ?^ LOT 1 3 I ? o ' . J U) 0 fl Es to 10' m Q M L12 ?t- p j MV 9LSC% R,% j fr L' ---2 0 ? ff oa ? = r O t Iz , v I? -j Q r? m -j co f LOT 1 35 0(3' LOT 1D 2 LOT 11 . - -------------- -- - c ................... . r- ? IN N.T.S: CJRVE TABLE URVE LENGTH RADIUS DELTA a 1Ct7.4V 6934.0[)' 0'S3'15" LINE TABLE LINE LENGTH BEARING L10 25.00' N00'1 8'35"E L11 22.79' N41 *51'22"W Li 2 12.62' N89'41'52"W L13 107.56' SOO.32'52"W L14 23M' 544.34: 5°E Li 5 g.20' 889.41-25 NS9'06'05"W RAO SE'LY COR. LOT 11. Cl? M.R. 13/45 SW'LY COR. - - - - - - LOT 10, L7 5 M.R. 13/45 T.P.O.B. C! 589'41'25"E 81:30' THIRD STREET P.O.G. (N89.41'25"W) i EXHIBIT B PARCEL "A" 1,436 SQ. FT. Saar ¦ A.P. NO. 398-384-17 PWA SKETCH TO ACCOMPANY ,,?¦•• LEGAL DESCRIPTION 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 CANCEL TAXES X APPROVED AS TO FORM BY ATTY. APPROVED BY DIRECTOR DESCRIPTION WRITTEN BY DESCRffrnON CHECKED-O.K A- P. NUMBER 398-384-01 & 17 R/W MAP NUMBER PROJECT NUMBER 309 & 315 N. Grand Avenue, Santa Ana, CA DEED NUMBER TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Roman Catholic Bishop of Orange, a Corporation Sole 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, A temporary construction easement over that real property in the City of Santa Ana, County of Orange, State of California described on Exhibit "A" and shown on Exhibit "B", which exhibits are attached hereto and by reference made a part hereof. Said temporary right shall be for a period of six (6) months and shall be effective upon the City of Santa Ana, or its agent, providing a prior 48-hour written notice to . Said temporary easement shall terminate upon completion of construction (known as the Grand Avenue Widening Project). IN WITNESS WHEREOF, the rantor hereto has caused this Temporary Construction Easement Deed to be executed as of this a 4?day of kkP '2012. Dated J o A 7A? By: `' Its: Vica 0aleYad akd Aa Ih F-& Dated By: Its: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Temporary Construction Easement Deed dated June 29, 2012, from The Roman Catholic Bishop of Orange, a Corporation sole regardless of number or gender to the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: ? s-1City Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Dlruvl(AL- On ? OAt_ '2A U I Z before me, L4 SGt ?, ! i!JT/?'! vl ame and Ti le the Officer Date C' I Here Insert personally appeared f? e?G Name(s) of Signer(s) LISA E. EMPTING COMMISSION #1945380 Notary Public - California = ORANGE COUNTY c My Commission Expires JULY 24, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose nameK is/are subscribed to the within instrument and acknowledged to me that he/s4944EPy? executed the same in his/herfheir authorized capacity(i9g), and that by his/herf treir signature) on the instrument the person(), 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. Signature: Signature of otary Pubic 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 /7 1 /_ Title or Type of Docurr?ent: (jiYjjfi" 1 /lh -Vvh GIS .r? f' ?JI I Document Date: J l `mil !, 2_?)(ZL Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ? Corporate Officer - Title(s): ? Individual ? Partner - ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing Top of thumb here Signer's Name: ? Corporate Officer - Title(s): ? Individual ? Partner - ? Limited ? General Top of thumb here ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange SS City of Santa Ana On this 9th day of AAu ust, 2012, before me, Maria D. Huizar , Notary Public, personally appeared Paul M. Walters who proved to me on the basis of satisfactory evidence to be thtF5 nfpesons whose esCWaf" u bscri bed to the within instrument and acknowledged to me that efthey executed the same in lam' hei theif authorized ylcapacities and that by &hedtheir n u /sign-at-ufes on the instrument the rs persaRs, or the entity upon behalf of which the er o /perso.as acted, executed fie 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 MARIA D. HUIZAR Commission #t 1974202 Notary Public - California Orange County MV_Comm. Expires r 5, 2016 Witness my hand and official seal. 'DIZAIJ Signature of Notary CAPACITY CLAIMED BY SIGNER: ? Individual(s) ? Corporate ? Officers Title(s) El 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: Roman Catholic Bishop of Orange County (APN # 398-384-01 and 398-384-17) TITLE OR TYPE OF DOCUMENT: TEMPORARY CONSTRUCTION EASEMENT DEED NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: LXHIBI i5 1 Y LEGAL DESCRIPTION (APN.398-384-01 Temporary Construction Easement) PARCEL. "B" A strip of land; 10.00 feet in width, over those portions of Lots 8 and 9 of Block A, Bartlett's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California; per male filed in Book 11, PAge 45 of M scellarteous Records of Los Angeles County, California, the westerly line of said 10.00 foot strip is described as follows: Commencing at the intersection of the centerline of Fourth Street with the survey line of Grand Avenue. (formerly Bartlett Avenue), as said sunvey line is shown on Record of Survey 2009-1093, filed in Book 236. Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Grange County Recorder, said centerline of Fourth Street having a bearing of "A' 89'4220 " V. thence along said centerline South. 89`42'20" East, 94.95 feet; thence perpendicular to said centerline South 00'17'40" East, 40.00 feet to tine northerly line of said Block "A" and the True Pnint of Beginning, i:hence South. 4Y58'36" West. 36.18 feet more or less to a point that is 66.16 feet southerly of the centerline of said Fourth Street and 70.29 feet easterly of said survey line; thence; South 1;12'12'50" West 46.69 feet to the beginning of a curve concave easterly; having a radius of 6,934.00 feet; thence southerly along said curve 51.76 feet through a central angle of 0025'40" to the south line of said Lot y. The easterly and westerly lines of said strip of land to be lengthened or shortened so as to terminate northerly at the northerly line of said Lot 8 and southerly at the southerly line of said Lot 9. Containing 1.354 square feet; more or less. All as shoievn on Exhibit B, attached hereto and by this reference made a part he, reof Subject to all Covenants, Conditions, Reservations, Restrictions, Rights-of-Way and Easements of record, if zany. Prepared by me or under nay direction on November 28; 2011. t t v_., r wr ebourn, PLS 8395 Page l of 1. StS}iACt>wD`,?Gtt}142_5:int?An::Sun.c?•in?fi.\•1?p?in??Atl?3_Grand Avnu.?: Widtrfi?t?+t.G?aC D?s4anrti?j?t'.?,t'N ;?tf5-?fiA-F? 1 'r(°L.dc+ EXHIBIT A LEGAL DESCRIPTION (APti 318-384-17 Temporary Constritction F..asentent) PARCEL "B", A strip of land, 10.00 feet in widTh, over those portions of lots 10 and 1 1 of Block A, Bartlett's Addition to the Toren of Santa Ana, ill the City of Santa Alta, County of Orange, State of California, per trap filed in Book 13, Page 45 of Miscellaneous Records of Los Angeles County, California, the westerly line of said 10.00 foot strip is described as follows: Commencing at the intersection of the centerline of Third Street with the survey line of Grand Avenue (formerly Bartlett Avenue), as said survey line is shown on Record of Survey 2009-1093, filed in Book 236. Pages 17 through 20, inclusive, of Records of Survey, in the Office of the Orange County Recorder, said centerline of Third Street having a bearing of ",V 89°41'25" If'"; thence along said centerline South 89°41'25" East, 81.30 :feet; thence perpendicular to said centerline North 00118'3;x" East, 2.5.00 feet to the True Point of Beginning being a point on the southerly line of said Block "A", thence North 41 °51'22" West', 22.79 feet more or less to a point that is 42.15 feet northerly of the centerline of said Third Street and 66.13 feet easterly of said survey line, said point also being on a non-tangent curve concave easterly having a radius of 6,934.00 feet, a radial line to said point rears North 89°06'05" West; thence northerly along said curve 107.42 feel through a central angle of 00'53'15" to a point in the northerly line of said Lot 10, The easterly and westerly lines of said strip of land to be lengthened or shortened so as to terminate northerly at the northerly line of said Lot 10 and southerly at the southerly line of said Block A. Containing 1,308 square feet, more or less. All as shown on Exhibit B, attached hereto and by this reference made a part hereof. Subject to all Covenants. Conditions, Reservations, Restrictions, Rights-of=Way and Basements of record, if any. Prepared by me or under my direction on November 28, 201 L Page I of I S:,S:Ff.4til 17' IE114? _ Santar?naSu?v } aigk?.7ap{?irie,:l.id Grand Avenue Widen neIx-pal !:}?C6PJnn,,Ar1N .198-394-17 I V-doc ( } c PER R52009-1093, R_S.B.236/17-20, 0.R. FOURTH STREET _ (N89'42•20"W) 589'42'20"E 94.98'- P.O.C. 1 ? I I NW'LY COR. ' J I T.P.0.8. 0 LOT 9, M.R. 13745 L71 ° VNE'LY C0R a al 70.29' J n n 5.00' i.i ca z -? J > > ? LOT 19 ? I m f >- Jlo'L I r Cw 1 I L4 C r o I M CC) Lu o r 1 5 'o w co I cZ co o ? I 3s.oo' LOT 110 C3 I I I l' SAY COR. - - - LOT 10, MR. 13/45 LOT 8, '00 M.. R 13/45 0• 10.00' LOT 8 LOT 7 PARCEL "6" co o rj Y t- j a u') 0 D 'Ct M 10.00' Oa n O 2_5ow RAD I LLJ O t F= (Y m `D I M co rn f LOT 11 I LOT 12 SE'LY COR. LOT 11, R. 13/45 °o _ N THIRD STREET - (N89.41'2;7, F - - EXHIBIT B PARCEL "B" 1,35- SQ. FT. SANTA ANA A.P. NO. 398-384-01 ¦ A ¦ TEMPORARY CONSTRUC77ON EASEMENT l SKETCH TO ACCOMPANY LEGAL DESCRIPTION i CURVE TABLE CURVE LENGTH RADIUS DELTA Ct 51.76' 6934.00' 0-25'40- C2 37.97' 25.00' , 7'01'00"` LINE TA BLE LINE LENGTH BEARING L1 40.00' N00'17'40"E L2 36.18' N4358'367E L3 46.69' N02'72'50"E L4 12.62' N89.41'52"W L5 73.41' N00'32'52"E L6 27.49' N03'16'40"E L7 13.99' S89'42'20"E ( } PLR RS2009^w1093, R.S.8.236/17-20, O.R. i FOURTH STREET n-42'2a-W) _ NW'LY COR. LOT 9, M.R. 13,/45_ 77-7'a,° NE'LY C0R. LOT S, MA. 13/45 35.00' I I Li z I I J -_- f0'f--- ? LOT 8 LOT 7 w ?- f I f d iLOT?9 ? Q ?< 011 w co O Y p? L12 f O s-- "?> by N88'15Q yy_RAp Z W i N CURVE TABLE CURV LENGTH RADIUS DELTA C10 107.42' 6934.00` 0'53'15' O I °a 1- CL` L? d O o0 w LL r4 11) 0 th i Q ? JI U f co I ( LOT 12 35 00' LOT 110 f LOT 11 . 1 14.00' LINE TABLE LINE LENGTH BEARING L10 25.00' NOO'18'35"E L11 22.79' N41'51'22"W L12 12.62' N89'41'52"W L13 107.56' SOO'32'52"W L14 23.99' 544'34'15"E L15 9.20' S89'41'25"E 2D' I hQ 66,13' i N89'0 5"W RAD SE'LY COR. LOT 11. M.R. 13/45 PARCEL 1,B SAY c0R. __ -- - ;? L15' - - - - - 1,308 SCE. FT. M.R. LOT 13/45 of T.P.O.B. °v s89'41'25" 81.30' = u THIRD STREET {IV89'41'25"W) P.D.C. EXHIBIT B siwra ANa? A.P. NO. ,398--384--17 ¦ TEMPCJfi'ARY GC1NTf?11CTlL?N EASEMEI+IT L¦ j SKETCH TO ACCOMPANY LEGAL DESCRIPTION