HomeMy WebLinkAbout25D - AGMT - SETTLEMENT GRAND AVE WIDENINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 15, 2013
TITLE:
SETTLEMENT AGREEMENT WITH
ROBERTI'S INSURANCE AGENCY INC.
FOR GRAND AVENUE WIDENING
(PROJECT NO. 081732 NONGENERAL
FUND)
CI Y GER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a settlement agreement with
Roberti's Insurance Agency Inc., tenant of the property located at 1221 East First Street, Unit E
(APNs 398-454-12 & 13), in the amount of $6,085, subject to nonsubstantive changes approved by
the City Manager and City Attorney.
DISCUSSION
Grand Avenue is a north-south transportation facility which is designated as a major arterial
highway, and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue
between First and Seventeenth Streets has been a long-term priority project that will be
constructed in several phases. Improvements include widening of the roadway from two to three
lanes in each direction; construction of raised landscape medians; new curb, gutter, and sidewalk;
and the inclusion of bike lanes. The Public Works Agency is acquiring property for development of
Phase I, bounded by First and Fourth Streets, and expects to complete the acquisition process by
September 2013. Construction is anticipated to begin by early 2014.
The Uniform Relocation Act obligates the City to relocate tenants of the properties acquired for the
widening of Grand Avenue and sets standards for benefit amounts. The tenant at 1221 East First
Street, Unit E (Exhibit 1), has agreed to a settlement for all rights, title, and interest, in and to
certain improvements pertaining to realty, including fixtures and equipment. The compensation
amount for this property is the appraised value prepared by an appraiser licensed by the State of
California.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Final Environmental Impact
Report (SCH No. 1998051068) approved by the City Council in 2002. In accordance with the
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Settlement Agreement with Roberti's Insurance for
Grand Avenue Widening Project
April 15, 2013
Page 2 of 2
National Environmental Policy Act, an Environmental Assessment document with a Finding of No
Significant Impact was prepared for the proposed project and approved by the California
Department of Transportation and Federal Highway Administration in 2011.
FISCAL IMPACT
Funds to cover the recommended settlement agreement payouts are appropriated in the Regional
Surface Transportation Program (Account 05917660-66220) and Transportation System
Improvement Area Fund (Account 99117950-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
v
7
Raul Godinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/KN
Exhibits: 1. Location Map
2. Agreement
25D-2
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FOURTH STREET
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Exhibit 2
SELL ALL (NO SALVAGE)
Project: Grand Avenue Widening Project
APN: 398-454-12 & 13
Tenant-Seller: Roberti's Insurance Agency Inc.
AGREEMENT FOR ACQUISITION OF TENANT-SELLER'S
INTEREST IN REAL PROPERTY
THIS AGREEMENT ("Agreement") is entered into as of this day of
, 2013, by and between THE CITY OF SANTA ANA, a charter city and
municipal corporation duly organized under the Constitution and laws of the State of California
("Buyer"), and ROBERTI'S INSURANCE AGENCY INC. ("Tenant-Seller") for the acquisition
by Buyer of certain interests in real property described herein.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT. Tenant-Seller agrees to sell and convey to Buyer, and Buyer agrees
to purchase and acquire from Tenant-Seller, upon the terms and for the consideration set forth in
this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures
and equipment (collectively "Improvements") located in, on, or affixed in any manner to the
premises known and numbered as 1221 E. First Street. # E, Santa Ana, California ("Premises")
which Premises are part of that real property described in Attachment "1" attached hereto, located
in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of
Tenant-Seller ("Tenancy Interest") in and to the Premises and the Property. The Improvements to
be conveyed by Tenant-Seller are a part of the Premises, and specifically include, without
limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto
as Attachment "2".
2. PURCHASE PRICE. The total purchase price, payable in cash through this
Agreement, shall be the sum of: Six Thousand Eighty Five and no/100 dollars ($6,085.00)
("Purchase Price"). Said sum shall be paid by negotiable check or draft within 30 days following
full execution hereof, made payable to "California Eminent Domain Law Group Client Trust
Account" and delivered to Tenant-Seller's counsel of record, A.J. Hazarabedian of California
Eminent Domain Law Group, 3429 Ocean View Blvd., Suite L, Glendale, CA 91208.
3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant-Seller agrees to
execute a Quitclaim Deed in the same form as that attached hereto as Attachment "3" in favor of
Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title
and interest in and to the Tenancy Interest.
4. VACATION OF PROPERTY. The parties acknowledge that Tenant-Seller has
previously vacated the Premises in anticipation of Buyer's public project, and has delivered
possession to Buyer of all Improvements.
5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will
also convey from Tenant-Seller to Buyer all of Tenant-Seller's interest in and to the Improvements,
which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens,
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assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and
Closing (as defined below) of the transaction described herein shall be subject to Tenant-Seller's
vacation of the Premises and proof of clear title to all said Improvements having been obtained and
received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement.
6. RECORDING. Recordation of any documents delivered through this Agreement is
authorized if necessary or proper, upon acceptance by Buyer as described herein.
7. CERTIFICATION OF OWNERSHIP. Tenant-Seller hereby warrants and certifies
under penalty of perjury that to the best of Tenant-Seller's knowledge, Tenant-Seller is the owner of
the Improvements and that no document has been signed by or on behalf of Tenant-Seller for the
purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that
the Tenant-Seller does not know of any claim of lien, encumbrance, or other security interest
therein, EXCEPT: ( a) Trust Deeds on the Property, duly recorded; and (b) real and personal
property taxes.
8. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer
may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and
obtain a title report and/or a report from the Secretary of State's Office as to filings of security
interests covering the Improvements.
9. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim
Deed by Buyer will constitute "Closing" of this transaction. At Closing, which shall occur no later
than 30 days following Tenant-Seller's execution of this agreement, Buyer will pay the Purchase
Price to Tenant-Seller.
10. FULL AND COMPLETE SETTLEMENT EXCEPT FOR RELOCATION AND
LOSS OF BUSINESS GOODWILL. The parties hereby acknowledge that with the exceptions of
(1) relocation benefits previously paid to Tenant-Seller in the amount of $43,224.98, and (2)
business goodwill loss compensation of $193,500.00 to be paid separately by Buyer to Tenant-
Seller, the compensation paid to Tenant-Seller through this Agreement constitutes the full and
complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's
acquisition of the Property and the Tenancy Interest and any dislocation of Tenant-Seller from the
Premises, specifically including, but not limited to the value of the Improvements, leasehold
improvements, any and all claims for rental or leasehold value, and any and all claims in inverse
condemnation and for precondemnation damages, and any and all other claims that Tenant-Seller
may have, whether or not specifically mentioned here, relating directly or indirectly to the
acquisition by Buyer of the Property, the Improvements and the Tenancy Interest (but excluding
relocation benefits to which Tenant-Seller may be entitled and the loss of business goodwill, if any).
Except for payments to Tenant-Seller for relocation benefits and loss of business goodwill
compensation as set forth herein, Tenant-Seller and Buyer and each and all of their agents,
representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors,
heirs, and beneficiaries (collectively "Releasees"), hereby release the other party, and its Releasees,
and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts,
controversies, damages, causes of action, including without limitation those relating to just
compensation or damages which any of them now have, or might hereafter have by reason of any
matter or thing arising out of or in any way related to any condemnation action affecting the
Property, the Improvements and the Tenancy Interest.
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11. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant-
Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the
provisions of California Civil Code § 1542, which provides as follows:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
Tenant-Seller acknowledges that it and any others acting on its behalf herein may
have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and
which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless,
Tenant-Seller acknowledges that this Agreement has been negotiated and agreed upon in light of
that situation and hereby expressly waives any and all rights which it or others acting on its behalf
may have under California Civil Code § 1542, or under any statute or common law or equitable
principle of similar effect.
Tenant-Seller:
12. CONTINGENCY. This transaction is subject to and contingent upon receipt by
Buyer of the duly executed Quitclaim Deed from Tenant-Seller with respect to the Tenancy Interest
and the Improvements. This transaction is further subject to and contingent upon approval and
acceptance by Buyer.
13. AGREEMENT TO EXECUTE. Tenant-Seller and Buyer agree to execute and file
any additional agreements, consents or other documents reasonably necessary to effect the full and
complete settlement and purchase of the Improvements and the Tenancy Interest.
14. AUTHORIZATION TO EXECUTE. Tenant-Seller and Buyer represent and warrant
that the persons executing this Agreement are duly authorized to do so and to act on behalf of
Tenant-Seller and Buyer respectively.
15. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement
of pending or potential litigation between Tenant-Seller and Buyer and shall never be treated as an
admission by Buyer for any purpose of liability or as to value of any property or claim.
16. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases
contained herein and agreement concerning this transaction, all the rights and obligations created
under and pursuant to this Agreement shall survive the execution of the Agreement, the releases
contained herein and the Closing of this transaction.
17. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT-
SELLER. Tenant-Seller hereby warrants, represents, and/or covenants to Buyer that:
A. To the best of Tenant-Seller's knowledge, there are no actions, suits, material
claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy
Interest or any portion thereof, at law or in equity, before any court or governmental agency.
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B. Until the Closing, Tenant-Seller shall not do anything which would impair
Tenant-Seller's title to the Premises, the Improvements or the Tenancy Interest.
C. All utilities including gas, electricity, water, sewage, and telephone, are
available to the Premises, and to the best of Tenant-Seller's knowledge, all such items are in good
working order.
D. To the best of Tenant-Seller's knowledge, neither the execution of this
Agreement nor the performance of the obligations herein will conflict with, or violate any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or
instrument to which Tenant-Seller, the Premises, the Improvements or the Tenancy Interest may be
subject.
E. Until the Closing, Tenant-Seller shall, upon learning of any fact or condition
which would cause any of the warranties and representations in this Paragraph 19 not to be true as
of Closing, immediately give written notice of such fact or condition to Buyer.
18. COUNTERPARTS. This Agreement may be executed in counterparts and when so
executed by both parties, each counterpart will constitute an original document.
19. BINDING EFFECT. The terms, conditions, covenants and agreements set forth
herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the
parties hereto.
20. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
both parties; neither party relies upon any warranty or representation not contained in this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year set forth hereinabove.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE FOLLOWS.
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Mailing Address of Tenant-Seller
2128 B N. Tustin Avenue
Santa Ana, California
Mailing Address of Buyer
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Tenant-Seller
By:_
Its:_
Date:
By:_
Its:_
Date:
Buyer
THE CITY OF SANTA ANA, a charter city and
municipal corporation duly organized under the
Constitution and laws of the State of California
By:
Paul Walters
City Manager
Date:
Attest:
By:
Maria D. Huizar
City Clerk
Date:
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
Jose Sandoval
Chief Assistant City Attorney
Date:
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Attachment "1"
LEGAL DESCRIPTION OF PROPERTY
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25D-10
ATTACHMENT 1
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
PARCEL A:
LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO.
1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF
SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED
RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY
BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12,
BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS
GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990,
PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS.
PARCEL B:
LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S
ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
APN: 398-454-12 and 398-454-13
25D-11
Attachment 112"
IMPROVEMENTS PERTAINING TO THE REALTY
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25D-12
PUBLIC WORKS
CITY OF SANTA ANA
GRAND AVENUE STREET WIDENING PROJECT
ROBERTI'S INSURANCE AGENCY
FAIR MARKET VALUE
DATE OF VALUE: APRIL 12, 2012
ITEM DESCRIPTION: FAIR SALVAGE
NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE
VALUE
THROUGHOUT
1,095 SQ. FT. CARPET, STANDARD COMMERCIAL, BLUE
1 ALARM SYSTEM, 10 KEYPAD, (2) SOUND,
(2) MOTION
SIGNAGE, C/O:
(80) VINYL LETTERS, 3% 4"
(1) BUSINESS HOURS DECAL, 16" X 9"
(39) SQ. FT. SEE THROUGH ONE WAY WINDOW
SIGNAGE, PERFORATED VINYL
(18) SQ. FT. SOLID WINDOW, VINYL
(10) INDIVIDUAL LETTERS, PLASTIC LETTERING
ON FOAM BACKING, 14" H, (NO ILLUMINATION)
(9) INDIVIDUAL PLASTIC LETTERS, ILLUMINATED,
18" H (2 MISSING, PLASTIC)
(6) SQ. FT. VINYL OVER PLASTIC SHEET
MONUMENT SIGNAGE "INSURANCE"
(1) INTERIOR SIGN, CUSTOM WOOD, 1' X 7'
TOTAL IMPROVEMENTS PERTAINING TO THE REALTY
5055 $1,315 $0
A 910
3,860
$6,085 $0
25D-13
Attachment 113"
QUITCLAIM DEED
(See Attached)
25D-14
RECORDING REQUESTED BY:
THE CITY OF SANTA ANA
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Exempt from Recording Fee
Pursuant to Government Code
County Assessor's Parcel Number:
398-454-12 & 13
Exempt from Documentary Transfer Tax
103 Pursuant to R&T Code & 11922
pace
is line for Recorder's use
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Roberti's Insurance Agency, Inc.
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the
THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California, the real property in the City of Santa Ana,
County of Orange, State of California, described as
all right title and interest in and to the following described real property in exhibit "A" including any and
all leasehold interest, title and interest in and to the improvements pertaining to the realty which are
attached or affixed in any manner to the following described real property specifically including, but not
limited to the items in Exhibit "B", list of Improvements Pertaining to the Realty, (fixtures and
equipment), attached hereto and by this reference made a part hereof, which are either generally or for
purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange,
State of California, described as follows:
Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is
the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed
free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the
real property described above, including all Improvements Pertaining to the Realty, against all
demands and claims of all persons.
SEE EXHIBIT "A" & "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as
of this day of 2013.
By: Date:
By: Date:
25D-15
EXHIBIT "A"
(to Quitclaim Deed)
LEGAL DESCRIPTION
25D-16
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
PARCEL A:
LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO.
1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF
SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED
RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY
BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12,
BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS
GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990,
PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS.
PARCEL B:
LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S
ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
APN: 398-454-12 and 398-454-13
25D-17
EXHIBIT "B"
(to Quitclaim Deed)
DESCRIPTION OF CONVEYED IMPROVEMENTS
25D-18
PUBLIC WORKS ROBERTI'S INSURANCE AGENCY
CITY OF SANTA ANA FAIR MARKET VALUE
GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 12, 2012
ITEM DESCRIPTION: FAIR SALVAGE
NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE
VALUE
THROUGHOUT
1 1,095 SQ. FT. CARPET, STANDARD COMMERCIAL, BLUE F 5055 $1,315 $0
2 1 ALARM SYSTEM, 10 KEYPAD, (2) SOUND
(2) MOTION
3 1 SIGNAGE, C/O:
(80) VINYL LETTERS, 3"- 4"
(1) BUSINESS HOURS DECAL, 16" X 9"
(39) SQ. FT. SEE THROUGH ONE WAY WINDOW
SIGNAGE, PERFORATED VINYL
(18) SQ. FT. SOLID WINDOW, VINYL
(10) INDIVIDUAL LETTERS, PLASTIC LETTERING
ON FOAM BACKING, 14" H, (NO ILLUMINATION)
(9) INDIVIDUAL PLASTIC LETTERS, ILLUMINATED,
18" H (2 MISSING, PLASTIC)
(6) SQ. FT. VINYL OVER PLASTIC SHEET
MONUMENT SIGNAGE "INSURANCE"
(1) INTERIOR SIGN, CUSTOM WOOD, V X 7-
A
910 0
3,860 0
TOTAL IMPROVEMENTS PERTAINING TO THE REALTY
$6,085 $0
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