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HomeMy WebLinkAboutRIOS, ANTONIO DBA THE SMOG PLACE - 20131 f-� y � r A- 20`13-784 SELL ALL (NO SALVAGE) Project: Grand Avenue Widening Proi9ot APN: 398 - 385 -033 Tenant - Seller: Antonio E. Rios dba The Smog Place AGREEMENT FOR ACQUISITION OF TENANT- SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ( "Agreement ") is entered into as of this day of 0 4C.,0 F 6.e r 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 ANTONIO RIOS DBA THE SMOG PLACE ( "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 1222E 4"' Street Unit B Santa Ana, California ( "Premises ") which Premises are part of that real property described in Exhibit "I" 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 Exhibit "2 ". 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of; SEVENTEEN THOUSAND SIX HUNDRED SIXTY FIVE DOLLARS NO /100 DOLLARS ($17,665.00) ( "Purchase Price "), and shall be paid as follows: SEVENTEEN THOUSAND SEVENTY -ONE AND 96/100 DOLLARS ($17,071.96) payable to Antonio E. Rios dba The Smog Place; and FIVE HUNDRED NINETY -THREE AND 04/100 DOLLARS ($593.04) payable to Employment Development Dept., P.O. Box 989061, West Sacramento, California 95798 -9061 CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant - Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Fxhibit"Y' 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. 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, 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. 5. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 6. CERTIFICATION OF OWNERSHIP. Tenant - Seller hereby warrants and certifies tinder penalty of perjury that 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. 7. PERMISSION TO ENTER PREMISES. Tenant - Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections. 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. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant - Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total finds to be withheld from Tenant- Seller do not exceed the net amount to be paid to Tenant- Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant - Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant - Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant - Seller is entitled to payment under this transaction for the Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 10. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant- Seller's interest in the Improvements, Tenant- Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant - Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action. 2 11. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant- Seller, subject to the following adjustments: A. Pay and charge Tenant - Seller for any and all current and /or delinquent taxes and any penalties and interest thereon, and for any delinquent or non - delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant - Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant- Seller. 12. FULL AND COMPLETE SETTLEMENT. Tenant - Seller hereby acknowledges that 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 loss of business goodwill, if any, 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). 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. 13. 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. 3 Tenant - Seller: 14. CONTINGENCY. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. B. Until the Closing, Tenant- Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. C. 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. D. 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. E. 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. 4 F. 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. 20. HAZARDOUS WASTE. Neither Tenant- Seller nor, to the best of Tenant - Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has 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 the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant - 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 Premises. The term "Hazardous Materials" 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 §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), m defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under §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 §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (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. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901). 21. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant - Seller's knowledge, the Premises and its use 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. 22. INDEMNITY. Tenant - Seller agrees to indemnify, defend and hold Buyer 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 k, 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 Premises, 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 Premises. 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, 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 acts or ornissions of Tenant - Seller herein. 23. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable stun as its attorneys' fees and costs. 24. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 25. 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. 26. 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. C Mailing Address of Tenant- Seller 702 E. 41h Street Santa Ana, CA 92701 -4708 Mailing Address of Buyer 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Tenant Seller By: Antonio E. Rios Its: Business Owner 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: '- David Cavazos City Manager i'7- -V, / -3 Attest: By: W� L9 aQ e J �cr Maria D. Huizar City Clerk Date: t-,) "H'— L3 Approved as to Form: Sonia R. Carvalho City Attorney By: GL tz tilNi sts C Jose Sandoval Chief Assistant City Attorney Date: 6RC 3 2Ud3 EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIP'T'ION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398 - 385 -03 EXHIBIT "2" IMPROVEMENTS PERTAINING TO THE REALTY PUBLIC WORKS CITY OF SANTA ANA GRAND AVENUE STREET WIDENING PROJECT 7 DAY TIRE FAIR MARKET VALUE DATE OF VALUE: AUGUST 7, 2012 ITEM CITY DESCRIPTION: FAIR SALVAGE NO. IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THE SMOG PLACE 11 1 BATHROOM COSTRUCTION, PERMITTED 2008: A $11,200 $0 (1) INTERIOR WALL CONSTRUCTION, 13 LF X 8'H (1) WALL SINK, CERAMIC, SINGLE FAUCET (1) WATER CLOSET, STANDARD (1) 36" GRAB BAR (1) 48" GRAB BAR (42) SF LINOLEUM TILE, 12" X 12" (1) MIRROR, WOOD FRAME, 24" X 32" (1) TOILET PAPER DISPENSER, KIMBERLY -CLARK (1) HAND TOWEL DISPENSER, KIMBERLY -CLARK (13) LF WALL SHELVING, WOOD, 10" D (1) FLOOR DRAIN, SINK ROUGH -IN, WATER CLOSET DRAIN (1) LIGHT FIXTURE WITH SWITCH (1) DOOR, HOLLOW CORE, 36" W (1) SUMP PUMP TO CITY PIPE, 4' )( 4' PIT (1) RESTROOM GENDER SIGN 12 1 INTERIOR CONSTRUCTION, SHOP, C /O: A 3,100 0 (18) LF WALL SHELF, WOOD, 10" AND 12" D (1) INTERIOR WALL, WOOD FRAME, DOUBLE DRYWALL, NO ELECTRICAL, 25' L X 10' H (2) MISC. ELECTRICAL CONDUIT /SWITCH (90) LF 3/4" RIGID EXPOSED CONDUIT, 2-110,1-220 (3) 4'X 12' PIT FOR DYNOMOMETER ROLLERS 13 1 LOT C/O EXTERIOR SIGNAGE: A 1,615 0 (12) INDIVIDUAL LETTERS, PLASTIC FACE, FOAM BACK (1) "SMOG CHECK" SIGN, 36" DIAMETER 14 1 AWNING, 1.5" SO ALUMINUM TUBE FRAME, SHEET G 1,350 0 METAL COVER, PAINTED, 4'X 18' 15 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A 400 20 THE SMOG PLACE $17,665 $20 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Hjelmstrom Associates Page Al EXHIBIT" 3" QUITCLAIM DEED (See Attached) 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 Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922 QUITCLAIM DEED County Assessor's Parcel Number: 398 - 385 -03 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Antonio E. Rios, dba The Smog Place 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 12013. 0 Antonio E. Rios Date: EXHIBIT "A" (to Quitclaim Deed) LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398 - 385 -03 EXHIBIT "B" (to Quitclaim Deed) DESCRIPTION OF CONVEYED IMPROVEMENTS PUBLIC WORKS CITY OF SANTA ANA GRAND AVENUE STREET WIDENING PROJECT 7 DAY TIRE FAIR MARKET VALUE DATE OF VALUE: AUGUST 7, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THE SMOG PLACE 11 1 BATHROOM COSTRUCTION, PERMITTED 2008: A $11,200 $0 (1) INTERIOR WALL CONSTRUCTION, 13 LF X 8'H (1) WALL SINK, CERAMIC, SINGLE FAUCET (1) WATER CLOSET, STANDARD (1) 36" GRAB BAR (1) 48" GRAB BAR (42) SF LINOLEUM TILE, 12" X 12" (1) MIRROR, WOOD FRAME, 24" X 32" (1) TOILET PAPER DISPENSER, KIMBERLY -CLARK (1) HAND TOWEL DISPENSER, KIMBERLY -CLARK (13) LF WALL SHELVING, WOOD, 10" D (1) FLOOR DRAIN, SINK ROUGH -IN, WATER CLOSET DRAIN (1) LIGHT FIXTURE WITH SWITCH (1) DOOR, HOLLOW CORE, 36" W (1) SUMP PUMP TO CITY PIPE, 4'X 4' PIT (1) RESTROOM GENDER SIGN 12 1 INTERIOR CONSTRUCTION, SHOP, C /O: A 3,100 0 (18) LF WALL SHELF, WOOD, 10" AND 12"D (1) INTERIOR WALL, WOOD FRAME, DOUBLE DRYWALL, NO ELECTRICAL, 25' L X 10' H (2) MISC. ELECTRICAL CONDUIT /SWITCH (90) LF 3/4" RIGID EXPOSED CONDUIT, 2 -110,1 -220 (3) 4' X 12' PIT FOR DYNOMOMETER ROLLERS 13 1 LOT C/O EXTERIOR SIGNAGE: A 1,615 0 (12) INDIVIDUAL LETTERS, PLASTIC FACE, FOAM BACK (1) "SMOG CHECK" SIGN, 36" DIAMETER 14 1 AWNING, 1.5" SQ ALUMINUM TUBE FRAME, SHEET G 1,350 0 METAL COVER, PAINTED, 4'X 18' 15 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A 400 20 THE SMOG PLACE $17,665 $20 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Hjelmstrom Associates Page Al �N X Fax Nov 0 2013 03:51pm P001 /002 {0V DE 2234A Employment eoo Development RH PO BOX 826©80 MIC 920 M 1A Department %F1 SACRAMENTO, CA WaD -4001 - - State oP CnIIPornia ATiN: BRENDA MULDROW FAX: 951- 663 -3901 OVERLAND PACIFIC & CUTLER, INC. 2280 MARKET ST STE 200 RIVERSIDE CA 92501 -2120 Name(s): EUSEBIO LQAICA THE SMOG PLACE Lotter ID: L139168GI84 Issued Date: November 8, 2013 DEMAND FOR PAYMENT Contact Name: Kim Cheek Telephone Numbor (916) 464 -2720 ESclow(Tltle No. n/a TaxpayerlD: 0087 - 8363648 Garnishment 10: 27142144 Total Amount Due. $593,04 The status is listed below for the liens you requested. Demand is hereby made in the amount of $593,04, This amount includes interest accruing at the rate of 0,00008219 per day, through December 8, 2Q13. Interest will accrue daily until the balance Is paid in full, Upon receipt of payment in full, we will mail the Tien release documents to the County Recorder's Office. To ensure proper credit of the payment include the EDD Taxpayer ID on your check and use the attached voucher. Lien Number Date Recorded Balance Status 6000032201 August 3, 2011 $0.00 Amount Due 6000132071 April 8, 2011 $593,04 Amount Due DE TL34A Rev. 5 (7 -111 PO [30X }37N880 MIG 4726 ,,SAQRAM CA 94CA 94280 -0001 _____www.edd as ctov Page, Number: 2 DE "34A Rev, 5 (7-11) 4�' '... e---... '- - - i-' ..- '' -- *'' . .. ' ... * ............. 6wiaid rwnthis portion with ACCOUnt ID 'nount Dup $rq 236-4050-1 $r>93.04 L1391686184 27142144 w l*� -10"Ift-lames Piya DopnIniont. Include Ac EUSEBIO LOAIZA DE 2234A Rev, 6 (7-11) 8, 201,3 HD on aU chooks and inquirim Fax Nov 8 2012 03;5 p0g/"00?. MlOr IV tT"V;u 0 1 114 Issued Date: November 8, 2013 Tfol: 0087-836360 El)Q T State 0 C�IFI. —r6l a ATTN: BRENDA MULDROW FAX: 951-683 - 3901 OVERLAND PACIFIC & CUTLER, INC. 2280 MAPKET ST STE 200 RIVERSIDE CA 02601-2120 EMPLOYMENT DEVELOPMENT DEPT. PO BOX 989061 WESTSAGRAIVIENTO, CA 96798-9001 P-3bLiOS01,299lE3lOOOQOOO59--iD438[)00002714214tll,2319 19911 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 Purcnant to Government Code County Assessor's Parcel Number: 398- 385 -03 �ocoP Exempt from Documentary Transfer Tax QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Antonio E. Rios, dba The Smog Place 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 17— day of 2013. By: 7 ,�/� >-c <_' / ..c ? Date: Antonio E. Rios EXHIBIT "A" (to Quitclaim Deed) LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXHIBIT `B" (to Quitclaim Deed) DESCRIPTION OF CONVEYED IMPROVEMENTS PUBLIC WORKS CITY OF SANTA ANA GRAND AVENUE STREET WIDENING PROJECT 7 DAY TIRE FAIR MARKET VALUE DATE OF VALUE: AUGUST 7, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THE SMOG PLACE 11 1 BATHROOM COSTRUCTION, PERMITTED 2008: A $11,200 (1) INTERIOR WALL CONSTRUCTION, 13 LF X 8'H (1) WALL SINK, CERAMIC, SINGLE FAUCET (1) WATER CLOSET, STANDARD (1) 36" GRAB BAR (1) 48" GRAB BAR (42) SF LINOLEUM TILE, 12" X 12" (1) MIRROR, WOOD FRAME, 24" X 32" (1) TOILET PAPER DISPENSER, KIMBERLY -CLARK (1) HAND TOWEL DISPENSER, KIMBERLY -CLARK (13) LF WALL SHELVING, WOOD, 10" D (1) FLOOR DRAIN, SINK ROUGH -IN, WATER CLOSET DRAIN (1) LIGHT FIXTURE WITH SWITCH (1) DOOR, HOLLOW CORE, 36" W (1) SUMP PUMP TO CITY PIPE, 4'X 4' PIT (1) RESTROOM GENDER SIGN 12 1 INTERIOR CONSTRUCTION, SHOP, C /O: A 3,100 (18) LF WALL SHELF, WOOD, 10" AND 12" D (1) INTERIOR WALL, WOOD FRAME, DOUBLE DRYWALL, NO ELECTRICAL, 25'L X 10'H (2) MISC. ELECTRICAL CONDUIT /SWITCH (90) LF 3/4" RIGID EXPOSED CONDUIT, 2- 110, 1- 220 (3) 4'X 12' PIT FOR DYNOMOMETER ROLLERS 13 1 LOT C/O EXTERIOR SIGNAGE: A 1,615 (12) INDIVIDUAL LETTERS, PLASTIC FACE, FOAM BACK (1) "SMOG CHECK" SIGN, 36" DIAMETER 6lill 14 1 AWNING, 1.5" SO ALUMINUM TUBE FRAME, SHEET G 1,350 0 METAL COVER, PAINTED, 4'X 18' 15 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A 400 20 THE SMOG PLACE TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $17,665 $20 Hielmstrom Associates Pang Al ALL - PURPOSE ACKNOWLEDGMENT State of California County of SS. ii`�S.�P.,� ) On M\7-A o, before me, � ATE A _ci- -- .. personally appeared M who proved to me on the basis of satisfactory evidence to be the perso�S whose nam5k�fla),i� subscribedd;e -tlte within instrument and aelmowledged to me that het�executed the same iI lilis ei;theivtuthorized capacity�'"and that by his /her /their signatruS�,$) on the instrument the persorI or the entity upon behalf of which the persoijW acted, executed the instrument. I. KANE N Comm.# 1690236 11^� NOTARY PUBLIC - CALIFORNIA YI ORANGE COUNTY %MY COMM. EXP. MAY 20,204 PLACE NOTARY SEAL IN ABOVE SPACE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE y hand and official seal. r C� NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) ATTORNEY -IN-PACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NANIE OF PERSONS) ORENTITY(IES) I I TLE OR'TYPE OF DOCUMENT NUMBER OF PAGES RIGHT THUMBPRINT OF SIGNER U1T1ER APA01/2008 NOTARY BONDS, SUPPLIES AND FORNISA'IIIIIPI /W W WAALLEY-SIERRA.COM t) 2005- 2008VA1-1.EYSIERRAINSURANCE CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Quitclaim Deed dated November 12, 2013, from Antonio Rios dba The Smog Place, 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. /L6,//'/3 Date For the City of Santa Ana: City Manager CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of 6 ai40 E �—C On� 2_Cv� �,p_ �'Y_,_-zt1&before me, Rase Il ✓t 6 C� Data I In Here Insert borne if o Na e and 'tl of the Officer personally appeared t (/p CY U a Z 6 `� C_ t+-,/ Ma y1,24Q 2 r, ROSE ANN TRUJILLO Commission # 1976956 y - Notary Public - California _Z Z Orange County My Comm. Expires May 3, 2016+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose ame s) (Ire subscribed to the within instrument and acknowledged to me thatshe /they executed the same in 'Mer /their authorized .g5Eacit es), and that by r/their signature(s) on the instrument the Mrso s), or the entity upon behalf of which the e E s) 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: 0:5k C� j Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 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: 2010 Nateurl Nmery Ascnrlatlnn • Nailnnawn,an, n.,. of Pages: Ine Na me: orporate Officer — Title(s): Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHI'7RUM8pRIM' 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 A- 2013 -184 Exempt from Recording Fee Pursuant to Government Co County Assessor's Parcel Number: 398- 385 -03 i0 Recorded In Official Records, Change County Hugh Nguyen, Clerk-Recorder NO FEE k ti R 0 0 0 6 4 4 2 6 5 7$ 20140000144318:59 am 01114/14 10 415 001 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 Exempt from Documentary Transfer Tax iection 6103 Pursuant to R &T Code § 11922 (Space above this line for Recorder's use t, QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Antonio E. Rios, dba The Smog Place 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 �Q %J / r tYt C_ 1 (� Date: Antonio E. Rios EXHIBIT "A" (to Quitclaim Deed) LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY °S ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXHIBIT `B" (to Quitclaim Deed) DESCRIPTION OF CONVEYED IMPROVEMENTS PUBLIC WORKS CITY OF 7 DAY TIRE FAIR MARKET VALUE DATE OF VALUE: AUGUST 7, 20'12 ITEM DESCRIPTION: O QTY IMPROVEMENTS TOTHE REALITY VALUE THE SMOG PLACE 11 1 BATHROOM COSTRUCTION, PERMITTED 2008: A $11,200 $0 (1) INTERIOR WALL CONSTRUCTION, 13 LF X 8'H (1) WALL SINK, CERAMIC, SINGLE FAUCET (1) WATER CLOSET, STANDARD (1) 36" GRAB BAR (1) 48" GRAB BAR (42) SF LINOLEUM TILE, 12"X 12" (1) MIRROR, WOOD FRAME, 24"X32" (1) TOILET PAPER DISPENSER, KIMBERLY -CLARK (1) HAND TOWEL DISPENSER, KIMBERLY -CLARK (13) LF WALL SHELVING, WOOD, 10" D (1) FLOOR DRAIN, SINK ROUGH -IN, WATER CLOSET DRAIN (1) LIGHT FIXTURE WITH SWITCH (1) DOOR, HOLLOW CORE, 36" W (1) SUMP PUMP TO CITY PIPE, 4'X 4' PIT (1) RESTROOM GENDER SIGN 12 1 INTERIOR CONSTRUCTION, SHOP, C /O: A 3,100 (18) LF WALL SHELF, WOOD, 10" AND 12" D (1) INTERIOR WALL, WOOD FRAME, DOUBLE DRYWALL, NO ELECTRICAL, 25'L X 10' H (2) MISC. ELECTRICAL CONDUIT /SWITCH (90) LF 3/4" RIGID EXPOSED CONDUIT, 2-110,1-220 (3) 4' X 12' PIT FOR DYNOMOMETER ROLLERS 13 1 LOT C/O EXTERIOR SIGNAGE: A 1,615 (12) INDIVIDUAL LETTERS, PLASTIC FACE, FOAM BACK (1) "SMOG CHECK" SIGN, 36" DIAMETER 14 1 AWNING, 1.5" SQ ALUMINUM TUBE FRAME, SHEET G 1,350 0 METAL COVER, PAINTED, 4'X 18' 15 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A 400 20 THE SMOG PLACE TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $17,665 $20 Hjjeimsteom Associates Page Al ALL - PURPOSE ACKNOWLEDGMENT State of California County of �� C SS. On ��� \�� �� before me, L �� ATE,,,.°-- personally appeared y/\ �VL>ni -' �S who proved to me on the basis of satisfactory evidence to be the persoq�gf whose nameofDgr6"subscribe4 to fll e within instrument and acknowledged to me that he,�executed the same in< er-/�uthorized capacity wsl, and that by his /her /their signature(0 on the Instrument the person (y7; or the entity upon behalf of which the persons) 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. W112 y hand and official seal. r L. KANE it UP. 1690236 NOTARY'S SIGNATURE NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY MY Comm. EXP. MAY 20, 214 E PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an CAPACITY CLAIMED BY E ❑ INDIVIDUAL ❑ CORPORATE OFFICER PARTNER(S) ATTORNEY -IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: document. (PRINCIPAL) TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OFATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES RIGHT THUMBPRINT OF SIGNER uIxER APA01 /2008 NOTARY BONDS, SUPPLIES AND FORMS AT II'PIP: //WWWNALLEY- SLERRAUOM ® 2005 -2008 VALLEY - SIERRA INSURANCE CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Quitclaim Deed dated November 12, 2013, from Antonio Rios dba The Smog Place, 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. %�/ / _ DatecY For the City of Santa Ana; City Manager CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § i ISO State of California County of raV1Ct dd'' l On� C � i ('before me, S n ✓t � I I ' pate l ` bet /� Here Insert Na�m+e and ' I of the Officer ' personally appeared N J U t C) l �Y UI i9 Ci Ma y OAr e who proved to me on the basis of satisfactory evidence to be th erso (s) whose ame s (is re subscribed to the within instrument and acknowledged to me that t&e he /they executed the same in C_his/ or/their authorize a aci (ies), and that by M is er /their sl na u s) on the instrument the ROSE ANN TRUJILLO so s), or the entity upon behalf of which the Commission # 1976966 rs 's) acted, executed the instrument. Notary Public • ColdOmb Orange , Expi M Comm, Ex Ires Ma 3 County 1 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: N I � Iry "� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document l 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 W. ❑ Partner — ❑ Limited ❑ General Top, ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: / Signer Is Representing: J 2010 National Notary Association of Pages: Name: rate Officer — Title(s): '❑ Individual ❑ Partner — ❑ Limited Ll General Top of thumb Here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: