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Home My WebLink AboutWANG, T E H PONG AND HUI YING WANG-2013A-2013-088 SETTLEMENT AGREEMEiNT This Settlement Agreement is entered into as of Junel I 013, by and between the City of Santa Ana ("CITY'), on the one hand, and on the other hand TEH PONG WANG and HUI YING WANG, Trustees of the Wang Family Living Trust dated June 28, 1995; TEH PONG WANG, an Individual; HUI YING WANG, an Individual, CHUNG WEI WANG, also known as Charles Wang, Trustee of the Wang Retained Annuity Trust dated December 20, 2012, and CHUNG WEI WANG, also known as Charles Wang, an Individual (together, the "WANGS"). The CITY and the WANGS, are sometimes collectively referred to herein as the 'PARTIES." RECITALS A. On November 28, 2011, the CITY filed an eminent domain proceeding seeking to take, in fee, portions of real property located at 410 N. Bristol Street, Santa Ana, 92703, owned by the WANGS for the CITY's Bristol Street Widening project (the "ACTION"). B. The larger property consists of a single story retail center. The portion that the CITY is acquiring (the "PART TAKE") is that part of the property fronting on Bristol Street, and is described in the Order for Possession obtained in the ACTION on March 19, 2012, C. The PART TAKE is about 3,728 square feet. Besides the physical real estate taken, the CITY will compensate the owner for the "cost to cure" the remaining property. Unit A will be removed as a result of the PART TAKE, and the building will need to be restored to match the remaining facility. D. The PARTIES desire to settle and resolve all claims and disputes between them concerning the ACTION. E. Therefore, the PARTIES hereby incorporate the foregoing recitals into this Agreement and agree as follows: [Continued Next Page] 1. follows: 2. AGREEMENT The settlement of this ACTION shall include compensation to WANGS as • 418 N. Bristol Street • Land Value -- $214,550 • Improvements — $198,115 • Billboard Lease -- $98,000 • Severance Damages -- $70,000 • Cost to Cure -- $380,000 TOTAL= $960,665 Less consideration for 418 N. Bristol St. -- ($394,100) GRAND TOTAL NET SETTLEMENT PROCEEDS TO WANGS = $566,565 The CITY shall pay the WANGS total settlement proceeds in the amount of $566,565, as follows: a. The City and Defendant Clear Channel Outdoor, Inc. have stipulated to Wangs' Request for Order for Withdrawal of the amount of $516,565.00 on deposit herein, which withdrawal shall constitute a first installment of $516,565.00 (the "First Installment"). If Wangs do not obtain an Order for Withdrawal for the entire First Installment amount within 15 days after the date that the last signature is signed to this agreement ("Effective Date"), then the City shall pay to Wangs the difference between $516,565.00 and the amount(s) of any Order(s) for Withdrawal that Wangs have by then obtained. The First Installment shall be payable as set forth in the Stipulated Request for Order for Withdrawal b. Within 3 days of completion of demolition of the portion of the building extending into the property identified in the Order for Possession filed March 19, 2012, the CITY shall pay a second installment in the amount of $50,000 minus any deduction allowed pursuant to paragraph 4 below (the "Second Installment"). The Second Installment to WANGS shall be made payable to "Peterson Law Group Client Trust Account" and delivered to: 2 c/o John S. Peterson Peterson Law Group, PC 19800 MacArthur Boulevard, Suite 290 Irvine, California 92612 3. Additionally, within 60 days of the Effective Date, the CITY shall convey to the WANGS the adjacent parcel located at 418 N. Bristol Street, Santa Ana, California. The effective purchase and sale price is $394,100.00. 4. Within 7 days of the Effective Date, WANGS shall submit for any necessary permit(s) for the demolition of the building improvements on the property identified in the Order of Possession ("Demolition Area"). WANGS' responsibility to perform demolition shall not accrue, and the demolition completion deadline shall not begin to run, until demolition permit issuance; WANGS shall substantially complete said demolition on or before the 14th day after demolition permit issuance. If said demolition is not substantially completed within this schedule, the CITY may enter upon the property identified in the Order of Possession and demolish and remove the building improvements located thereon; the CITY may deduct its costs of said demolition actually incurred, up to a maximum deduction of $50,000, from the Second Installment payment pursuant to paragraph 2 above. IF THE CITY UNDERTAKES THE DEMOLITION, WANGS UNDERSTAND AND AGREE THAT THE CITY WILL NOT BE RESPONSIBLE FOR RECONNECTION OF ANY UTILITY CONNECTION IMPACTED BY THE DEMOLITION OR ANY SUPPLEMENTAL DEMOLITION REQUIRED TO COMPLETE THE CURE. 5. WANGS shall submit for any necessary permits for construction related to the "cut and cure" within 60 days of the Effective Date, and shall complete construction within 6 months of. (i) issuance of construction permit(s) or (ii) completion of demolition, whichever is later. CITY shall allow relocation of the monument sign on the 410 N. Bristol Street Property. CITY shall issue permits notwithstanding any preexisting nonconforming use; any such use may be continued as a preexisting nonconforming use to the full extent allowed by code or law. 6. Notwithstanding the foregoing, CITY will reconstruct the existing Bristol Street driveway to the west in conjunction with CITY's re -construction of street improvements so that KI the 410 N. Bristol Street Property maintains access via driveway to Bristol Street. Said reconstruction shall not disrupt access during business hours. 7. The CITY will assist the WANGS with the permitting and planning process for the "cut and cure" phase of the restoration and the new construction on the adjacent lot. The WANGS' property restoration will be done in accordance with applicable city code requirements except that the property will be deemed "grandfathered" in for purposes of adhering to City of Santa Ana parking requirements. Notwithstanding anything in this Agreement to the contrary, except for the unit formerly occupied by the donut shop, no part of the building at 410 N. Bristol Street shall be impacted by the Demolition Area, demolition or "cut and cure" referenced in this Agreement. 8. The CITY will approve WANGS' application for new construction on 418 N. Bristol Street so long as said application does not include more than 2000 square feet of commercial space and associated parking and other improvements, and including a driveway on the north end of the property, substantially as depicted on the preliminary plan attached as Exhibit "1" hereto and incorporated by this reference. Onsite parking will be deemed to satisfy parking requirements for 418 N. Bristol Street. The CITY shall impose no setback requirement exceeding five feet along the eastern property line, or exceeding one inch along the southern or western property line of 418 N. Bristol. 9. The PARTIES acknowledge that during the course of the Bristol Street Widening project there will be offsite construction activities that may impact the property for short periods of time; however, the CITY and/or its contractor(s) and agents shall attempt to accommodate the WANGS' undisturbed continued use, possession and enjoyment of the property. 10. The CITY shall expend all reasonable efforts to perform timely site plan and building plan review of the WANGS' "cut and cure" proposal in order to facilitate issuance of all building permits. The PARTIES will cooperate completely, diligently, and promptly upon demand by any other party to this Agreement to act as reasonably necessary or helpful to carry out and effectuate the purposes of this Agreement. This includes, without limitation, providing the CITY with right of entry upon property for inspection purposes consistent with this agreement. 13 11. Except as set forth herein, the WANGS release the CITY from any and all compensation claims they have or may have in the ACTION (including compensation for the taking, severance damages, improvements, inventory, loss of use, mitigation costs, and loss of business goodwill), any benefits to which they may be entitled under the relocation assistance program, any compensation claim the WANGS may have for the taking of their property for the CITY's Bristol Street Widening Project. 12. In addition to the RELEASED CLAIMS described in Paragraph 1 I above, the WANGS hereby release the CITY and its representatives, officers, employees, predecessors, successors, agents, and assigns from any and all claims, complaints, causes of action, liabilities, demands, compensation claims, damages, and expenses (including attorney's fees and interest), relating to or arising out of the ACTION. 13. The CITY hereby indemnifies the WANGS and holds them harmless from any loss of or damage to any property, or injury or death of any person whomsoever, arising after the effective date of this Agreement, proximately caused in whole or in part by negligence of the CITY or the CITY's agents or by any act or omission for which the CITY's or the CITY's agents are liable arising from the performance of the construction of the CITY's Bristol Street Widening project. 14. Each of the PARTIES expressly waives and relinquishes all rights and benefits afforded under Section 1542 of the California Civil Code. Each of the PARTIES acknowledges that each has had an opportunity to seek independent legal advice regarding this express waiver. Section 1542 of the Civil Code states as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS TO 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." 5 Each of the PARTIES being aware of Section 1542, expressly waives any and all rights each may have thereunder, except as to the representations, covenants, and understandings contained in this Agreement. 15. The CITY shall prepare a Stipulation for Entry of Judgment and proposed Stipulated Judgment consistent with the terms of this Agreement, subject to review and approval as to form by the WANGS' attomey of record in the ACTION. Upon the WANGS' attomey's approval as to form, the CITY may file the Stipulation and Judgment in the ACTION. 16. The PARTIES hereby represent and warrant that they have the authority to enter into this Agreement and that they have not previously assigned, transferred, or purported to have assigned or transferred in any manner, any of the claims described in the above release(s). 17. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18. For purposes of venue and jurisdiction, this Agreement shall be deemed made and to be performed in Orange County, State of California. 19. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one document. 20. This Agreement may be modified only by mutual agreement in writing executed by all of the parties to this Agreement. 21. This Agreement contains the entire agreement between the PARTIES with respect to the subject matter of this Agreement and supersedes any and all prior agreements, understandings, negotiations, representations and warranties, if any, with respect to such subject matter of this Agreement, which precede or accompany the execution of this Agreement. 22. Whenever the context so requires in this Agreement, all words used in the singular shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate or any other entity. 23. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. 24. The parties to this Agreement shall not assign or delegate to any other person this Agreement or any obligation under this Agreement. Subject to any restriction on transferability contained in this Agreement, this Agreement shall be binding upon and shall inure to the benefit of the successors -in -interest and assigns of each party to this Agreement. Nothing in this paragraph shall create any rights enforceable by any person not a party to this Agreement, except for the rights of the successors -in -interest and assigns of each party to this Agreement, unless such rights are expressly granted in this Agreement to other specifically identified persons. 25. Any waiver of a default under this Agreement must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. 26. Each party to this Agreement and its legal counsel have reviewed and revised this Agreement. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement. This Agreement shall not be deemed prepared or drafted by one Party or the other, or its attorneys, and will be construed accordingly. 27. Each of the parties will cooperate completely, diligently, and promptly upon demand to execute any other documents reasonably necessary or helpful to carry out the purposes of this Agreement that may be requested by a third party. Each party to this Agreement shall execute all instruments and documents that may reasonably be required to effectuate this Agreement. 7 28. In the event of any litigation which shall include arbitration, judicial reference, or mediation to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs, including any costs and fees to enforce any judgment therein. 29. Unless otherwise provided for herein, all notices and/or payments under this Agreement shall be hand delivered or mailed first class as follows: A. To the CITY: Jason Gabriel, Principal Civil Engineer City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Attention Director of Public Works Agency B. To the WANGS: c/o John S. Peterson, Esq. Peterson Law Group, PC 19800 MacArthur Boulevard, Suite 290 Irvine, California 92612 (949)955-0127 All hand deliveries shall be deemed received as of the delivery date. All first class mail shall be deemed received five (5) calendar days from the date of mailing. Any Party may change the person or address for notice by giving notice pursuant to this provision. [Continued Next Page] 12 IN WITNESS WHEREOF, the PARTIES hereto have each approved and executed this Agreement on the dates set forth opposite their respective signatures. DATED: 2013 ti TEH PONG WANG, Individually and as Trustee of the Wang Family Living Trust dated June 28, 1995 DATED: y 2013 / HUI YING WANG, Individually and as Trustee of the Wang Family Living Trust dated June 28, 1995 DATED: : 2013 10 1021313 DATED: ATTEST: .2013 DATED: & , 2013 [Signatures Continued Next Page] CHUNG WEI WANG, also known as CHARLES WANG, Individually and as Trustee of the Wang Retained Annuity Trust dated December 20, 2012 CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of Califorhia 0 By: City Manager By: Maria D. Huizar, Clerk of the Cognb' APPROVED AS TO FORM: DATED: .1.-z -3 12013 PETERSOT)Y W GROUP, P.C. By:yV Joh,dA. Peterson, Esq. Attorney or Defendants Teh Pong Wang and Hui Ying Wang, Individually and as Trustees of the Wang Family Living Trust dated June 28, 1995 DATED: 2013 SONIA CARVALI10 City Attorney City of Santa Ana J se Sandoval, Esq. Chief Assistant City Attorney 10 Exhibit 1 Q Ym LLI U, b � apa x R R N TUT --------- -T---- _ - - - - - _____ 418 N. 1 BRISTOL STREET w w w F- x LO When recorded, please mail this instrument and tax statements to: Recorded In Official Records, Orange County Clerk of the Counu H 20CvCity fcanta Anacil iIIIII II II�IIIIIIIIIIIIIIIIIIIIII IIIIIillll!III iII NO FEE If Santa Ana, CA 92863 * E R 0 0 0 6 0 2 1 1 4 5 8* Free recording requested by 201300041481811:40 am 07/10113 THE CITY OF SANTA ANA PER 62 417 G02 4 GOVERNMENT CODE SECTION 0703 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 -2a "VVT( SPACEABOVETHIS LINEFORRECORDER'SUSS CANCEL TAXES APPROVEOASTO EORMBYATTY. APPRCVEOBY DIRECTOR 11DIESCRIPTION WRITTEN BY A.P. R/W MAP PROJECT NUMBEn NUMBER NUMBER 405,064-06 NW-346 GRANT DEED I Deed No. 8476 FOR VALUABLE CONSIDERATION, receipt for which is hereby acknowledged, THE CITY OF SANTA ANA, a charter City and municpal corporation dully organized under m the Constitution and laws of the State of California 4) vF Ccuri' arderPd Co[\Ve.�Uh(R oY c@rzcfeG tinot �s Eck N Hereby Grants to: Purs4h aA- firs SAie / l "T Wk I0 Chung Wei Wang, also known as Charles Wang, Trustee of the Wang Retained Annuity Trust N li dated December 20, 2012 o`p z the real property in the City of Santa Ana, County of Orange, State of California, described as: 00 �% a Lot 2 of Block A, Goldsmith'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 31, Page 23 of Miscellaneous Records of Los Angeles County, California and Lot 1 of Block A. Goldsmith'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 31, Page 23 of Miscellaneous Records of Las Angeles County, California Except the portion described in LEGAL DESCRIPTION ATTACHED H E EXHIBIT "A" AND MADE A PART HEREOF. By: Kevi '0,R Ike Dated: STATE OF CALIFORNIA COUNTY OF personally who proved to me on the basis of subscribed to the within instrumer his/her/their authorized capackvid City Manager, City of Santa Ana } By: Maria Huizar Clerk of the Council me, y2D ns) be the persowhose name(s) islere ,� ged to me that helBheHhey executed the same in by his/her/their signatures) on the Instrument this person(s), or the entity upon h fwhich the person(s) acted executed the instrument I Certify under t ENALTY OF PERJURY under the laws of the State of California that the foregoing agraph is true and Correct. SlGNA7 URE OF NOTARY PUBLIC MAIL TAX STATEMENTS AS DIRECTED ABOVE (This area rorar6"rJalao1e441 seap CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange I SS. On July 3. 2013 before me Claudia M. FernandezShaw, Notary Public _ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Kevin O'Rourke _ Hamo(s) of signer(s) CLAUDIA M.FERNANDE28HAW commission k 1875128 = e a Notary Public • California y i • Orange County M Comm. Wires Jon 25, 2014+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(4 whose name,(s'j ,apFare subscribed to the within instrument and acknowledged to me that 42i/shetthuy executed the same in in efterir authorized capacity(i and that by �ignatur on the instrument the person(j4, or the entity upon behalf of which the pergorif) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. hand and official OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Tille(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact F1 Trustee ❑ Guardian or Conservator ✓❑Other: Number of Pages: Signer is Representing: Interim City Manager, City of Santa Ana 4 V`` — f FIFTH STREET h —-I— —�—T I I I I I I I BLO(X A I SWLY AND W'LY LINES INST. NO. 83-270511, O.R. i N I I I I 2 Imo �o COI JSjVff I5 i ADD]7'J')JV I I I I I I d=0004'37" R-1, 927.00' AW L.2.59' i v i Nic) I role I 1 I I I � I � I I o�pl L AND I cl NO. 6343 a EXP. 12/31/2014 z BY N8921'540W - 49,76' 6,044 SO, FT. 46.11' O V� p p N I AW i W w w M AW co) 2 �I RIES o co } Wj --- I m CAf SANTA ANA BL VD (FORMERLY FOURTH STREET)_ EXHIBIT 'B' SANTA ANA A.P. NO. 40.5— 064— 06 P W A SKETCH TO ACCOMPANY LEGAL DESCRIPTION FIIBL A KY ,g J U y 0.• \10143204\MAP143204\DWG\EX\143204✓EXOI.DWG CLERK -RECORDER •�' ORANGE COUNTY HALL OF RECORDS AND FINANCE 12 CIVIC CENTER PLAZA, ROOM 101, P.O. BOX 238, SANTA ANA, CALIFORNIA 92702-0238 PHONE (714) 834-2500 FAX (714) 834-2675 WWW.00RECORDER.COM COURTESY NOTICE City Of Santa Ana July 22, 2013 PO Box 1988 Santa Ana, CA 92702-1988 SUBJECT: GRANT DEED RECORDING CONFIRMATION Dear Valued Customer, The Orange County Clerk -Recorder Department is working to protect our customers from potential fraudulent and illegal activities. One step we're taking is to send out courtesy notices regarding recent property recording transactions. This is to ensure legitimacy and accuracy. Our records indicate that a grant deed was recently recorded under your name in our office Please find enclosed a copy of the grant deed for your reference. IF THE ABOVE TRANSACTION IS CORRECT, NO ACTION ON YOUR PART IS REQUIRED. If you are unaware of this recording, please call your local law enforcement agency as soon as possible to further investigate. If you have any questions, please contact the Clerk -Recorder Department at (714) 834-2500. For more information regarding real property fraud, please read the enclosed blue sheet, or visit us online at www.ocrecorder.com. Thank you for your business and our department looks forward to serving you again. • CLERK -RECORDER • • ORANGE COUNTY •' HALL OF RECORDS AND FINANCE 12 CIVIC CENTER PLAZA, ROOM 101, P.O. BOX 238, SANTA ANA, CALIFORNIA 92702-0238 PHONE j714J 834-2500 FAX 1714) 834-2675 WWW.00RECORDER.COM REAL ESTATE FRAUD FACT SHEET Types of Real Estate Fraud Home improvement scams, which involve real estate professionals getting loans from the names of people unaware their identities are being used; Equity Fraud, which occurs when a person forges a property owner's signature on a deed and then equity in the property is stolen through loans taken against the targeted property; and Flipping, which involves the buying of property and reselling of it at an inflated price based on fraudulent appraisal values. Who is at risk for Real Estate Fraud? Coupled with the effects of identity theft, any individual can be a potential target for real estate fraud. However, law enforcement statistics have shown that the elderly and the more economically challenged are much more susceptible to fraud. Below are some common warning signs of real estate fraud: • You receive official property documents indicating a transfer of property and you have no previous knowledge of the transaction; • You are missing a tax bill: A missing tax bill can be the first sign of home equity fraud; and • You receive mortgage documents or payment books for loans you never applied for. This is also another common sign of equity fraud coupled with identity theft. Protect yourself and your property Monitor your credit every four to six months to look for any fraudulent or unexplained activity. You can also check the Orange County Clerk -Recorder Department's online Grantor/Grantee Index to check for recorded transactions that may affect your property. Reportine Real Estate Fraud Immediately contact your local law enforcement if: • You didn't sell, borrow or make gift transfer of properties to anyone; • You believe a fraud or misrepresentation has occurred in a transaction you were involved in; • You didn't sign the document(s) or if the information on the documents) had been altered after you signed it; and • You receive property documents you have no knowledge of. For more information on real property fraud and local law enforcement contact information, please visit www.ocrecorder.com/fraud.asp. i Name Board/Commission 1. Laurence Hitterdale Historic Resources Commission 2. Salvador Nicholas Tinajero, Jr. Youth Commission —Associate 3. Maria Isabel Rivera Personnel Board 4. Elizabeth S. Castelan Youth Commission — Regular MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve as follows: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • Carol Bowers v. City of Santa Ana; Workers' Compensation Appeals; Board case number ADJ 1092318; settlement in the amount of $15,000. • Llanes v. City of Santa Ana Orange County Superior Court Case; No. 30 1012-00564072; settlement in the amount of $30,000. • Jose Rumbo v. Officer J. Correal, et al.; United States District Court; Case No. SACV12-0806AG(MLGx); settlement in thef $40,000. • Property acqusition cases for for the Grand Avenue Widening Project in the amount of $432,000.00; and another grope5ty--fpr monetary settlement in the amount of $566,000. (A-2013-eM) p Santa Ana California Lodge LLC v. City of Santa Ana; Orange County IJ ' Superior Court Case No. 30-2012-00556147; rejected the demand. Peebler vs. State of California Department of Finance City of Santa Ana, et al., Case No. 34-2012-80001172-CU-WM-GDS; provided update only. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - Property and Business Improvement District ("PBID")/Community Management District (CMD), Downtown Inc.; by a vote of 6-0 vote reached settlement agreement, surnmary of terms available to the public (Martinez abstained). (A-2013-039) PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE AND/OR POTENTIAL DISMISSAURELEASE pursuant to Government Code Section 54957(b)(1) - Title: City Manager; by a vote of 6-1 (Pulido dissented) City Council has given staff direction to work on release of the CITY COUNCIL MINUTES 8 JANUARY 22, 2013 affordability gap will then be translated into the number of off -site unites that can be produced at a financial gap equal to the affordability gap associated with on -site provision of the units. MOTION: Benavides VOTE: AYES NOES: ABSTAIN: SECOND: Tinajero Alvarez, Benavides, Sarmiento, Tinajero (6) Bustamante (1) None (0) None (0) Martinez, Pulido, 75C PUBLIC HEARING — RESOLUTION AUTH9RIZING CONDEMN/ OF REAL PROPERTY AND BILLBOARDCAT 410 NORTH BRI STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owner on October 18, 2011. Notice of Hearing letter regarding acquisition of property by eminent domain ('Billboards") mailed to property owner on October 19, 2011. Raul Godinez, Executive Director of Public Works noted that a one -week continuance would not affect project schedule. MOTION: Continue item for one -week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 17 NOVEMBER 7, 2011 ADMINISTRATIVE MATTERS MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: The City Council by unanimous consent confirmed the appointment of Ed Raya as Personnel Services Director. 19B EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Mayor Pro Tern Alvarez and Councilmember Martinez. 19C CANCELLATION OF NOVEMBER 21, 2011 COUNCIL MEETING - Clerk of the Council Office MOTION: 1. Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled Council meeting of November 21, 2011; the City Council hereby waives notice of said meeting as required by the government code. 2. Schedule an Adjourned Regular Meeting for November 28, 2011 to be held in the Police Community Room, 60 Civic Center Plaza, Santa Ana, CA at 5:00 p.m. **END OF CONSENT CALENDAR"* BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 75A PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AND BILLBOARD AT 410 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owner on October 18, 2011. CITY COUNCIL MINUTES 4 NOVEMBER 14, 2011 ABSTAIN: None (0) ABSENT: Alvarez, Martinez (2) 75B PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 610-612 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. There were no speakers and the hearing closed. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-075 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 610-612 N. BRISTOL STREET (APN 405-073-16) MOTION: Bustamante SECOND: Sarmiento VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Martinez (2) 75C PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1255 WEST SIXTH STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. There were no speakers and the hearing closed. CITY COUNCIL MINUTES 6 NOVEMBER 14, 2011 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Santa Ana, CA 92863 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 A -ao63 -089- EOO( SPACE ABOVE THIS LINE FOR RECORDER'S USF CANCEL DESCRIPTION A.P. R VMAP PROJECT TAXES �APIPROVEIDASTO FORM BYATTY. JAPPROVFnBy DIRECTOR WRITTEN BV NUMBER NUMBER NUMBER 406-064-06 NW-346 GRANT DEED Deed No. 8476 run VALUABLE CONSIDERATION, receipt for which is hereby acknowledged, THE CITY OF SANTA ANA, a charter City and municpal corporation dully organized under the Constitution and laws of the State of California U) rn Hereby Grants to: c 0 Y) Chung Wei Wang, also known as Charles Wang, Trustee of the Wang Retained Annuity Trust 0`p dated December 20, 2012 z 00 the real property in the City of Santa Ana, County of Orange, State of California, described as: v Lot: 2 of Block A, Goldsmith'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 31, Page 23 of Miscellaneous Records of Los Angeles County, California and Lot 1 of Block A, Goldsmith'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 31, Page 23 of Miscellaneous Records of Los Angeles County, California Except the portion described in LEGAL DESCRIPTION ATTACHED H E EXHIBIT "A" AND MADE A PART HEREOF. By: Kevi R rke Dated STATE OF CALIFORNIA COUNTY OF On before me, personally appeared City Manager, City of Santa Ana By: Maria Huizar )SS. Clerk of the Council who proved to me on the basis of satisfactory a en o be the person(s) whose name(s) is/are suhsaihed to the within instrument an d91d to me that he/she/they executed the same in his/her/their authorized capacity - at by his/her/their signature(s) on the instrument the person(s), or the entity upon of which the persons) acted executed the instrument I certify under t ENALTY OF PERJURY under the laws of the State of California that the foregoing y agraph is true and correct. SIGNATURE OF NOTARY PUBLIC MAIL TAX STATEMENTS AS DIRECTED ABOVE (This area IoroKcial notarial seal) RNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange I SS. On July 3, 2013 before me Claudia M. FemandezShaw, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Kevin O'Rourke CLAUDIA M.FERNANDEZSHAW Commission # 1875128 a ..rs Notary Public - California z z ` �� Orange County ' My Comm. Expires Jan 25, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personK whose nameA ccWw-e subscribed to the within instrument and acknowledged to me that 4@Ishetthey executed the same in 4R4heMtfer authorized capacity(i and that by _60kedtheir-signatur6d9i on the instrument the person(�1j or the entity upon behalf of which the per§§onk6) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. NVITNESS `ny hand and official sece / OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Rr Other: Number of Pages: Signer is Representing: Interim City Manager, City of Santa Ana R101432.04 6-25-13 EXHIBIT "A" LEGAL DESCRIPTION RIGHT OF WAY DEDICATION A.P. No. 405-064-06 That portion of Lot 1 of Block A of Goldsmiths Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, as shown on the map filed in Book 31, Page 23, of Miscellaneous Records of Los Angeles County, State of California, lying Easterly of the curves being concentric with and 73.00 feet Westerly of the Construction Centerline, described as follows: Commencing at the centerline intersection of Bristol Street and Santa Ana Boulevard (formerly Fourth Street) as said intersection is shown on said map of Goldsmiths Addition; thence Northerly along said centerline of Bristol Street, North 00°37'40" East 54.91 to the beginning of a curve, concave westerly, having a radius of 2,000.00 feet, said point being the TRUE POINT OF BEGINNING of said Construction Centerline; thence leaving said centerline of Bristol Street Northerly 116.29 feet along said curve through a central angle of 3°19'53" to the beginning of a reverse curve concave Easterly, having a radius of 2,000.00 feet; thence Northerly 147.75 feet along said curve through a central angle of 4° 13'58" to the Northerly terminus of said curve. Containing an area of 6,044 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. NO. 6343 ((10-1(-'XR 72/37/2014 JAMES L. GARVIN, PLS 6343 V*"' / q/B 101432.04/a/I/RovvDedication/dwm `f FIFTH STREET ii M N892154"W - —I— — — -T — — — I I I I JL OCK A I SW'LY AND W'LY LINES INST. NO. T� 83-270511, O.R. I o I N I I IW Im, I I I I 2 IMo UGOLDSMJ-f7-1 I r1JJ1770AJ I N" I I I I I r I I I I u I I -------I--- _ --- " A--00 04'37" R=1, 92Z 00' I I L=2.59' I RWI I I NI I I I C,4I I I I I I I I I I RAD N892154"W - 49.76' o I 6,044 v of o SO. FT. I o I N" \ J 73' qWIn In z 1, >ti o oI V O Wo 2 VAR/ES 46.11' couiv-1) I I oNpl LAND I _ �y0P�t1,5 L G4��G�L I-- J NO. 6343 1 a EXP. 12/31/2014 OF BY SANTA ANA PUBLIC WORKS AGENCY SANTA ANA BL VD (FORMERLY FOURTH STREET) - EXHIBIT 'B' A.P. NO. 405-064-06 SKETCH TO ACCOMPANY LEGAL DESCRIPTION J U 0:\10143204\MAP143204\DWG\EX\143204,IEXOI.D WG