HomeMy WebLinkAboutSTAC PROPERTY, LLC - 2016A -201 6 -213
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA "), entered into on kCILI 57' 2016,
between the CITY OF SANTA ANA, a charter city and municipal co poration duly organized under the
Constitution and laws of the State of California (hereinafter "City" or `Buyer"), and Stac Property, LLC, a
California limited liability company (hereinafter "Seller "), regardless of number or gender;
Y THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees
to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described
as follows:
SEE EXHIBIT "A!'— Legal Description
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 2222 S. Bristol Street, Santa Ana, CA 92704)
(APN 408 - 471 -05)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the
office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within
sixty (60) days from and after the date on which the City has approved this Agreement.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly
provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and
all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold
interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller
hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear
as provided above. Seller further agrees that acceptance by City of any deed to said real property, with
or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit,
limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and
all leasehold interests), lien, cloud or defect in title, shall riot constitute a waiver by City of its right to the
full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might
accrue to City because of the failure of Seller to convey title as hereinabove provided.
1 Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real
property to City, within the time and at the place hereinabove specified for said conveyance of said real
property, a policy of title insurance to be issued by the above mentioned title company, with the City
therein named as the insured, in the amount of One Hundred Thirty -Five Thousand and no /100
Dollars ($135,000,00) insuring the title of the City to said real property is free and clear of any and all
conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non - monetary, general or specific, and including any and all
leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter
expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such
insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of
its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action
for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title
or to provide title insurance as required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company,
2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the
date on which the City has approved this Agreement. This Agreement constitutes the joint escrow
instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the
Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's
execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to
close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be
resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and
return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties
under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as
soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close
of Escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its
acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and
incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days
after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer
taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow
fees and any other closing costs incidental to the conveying of said real property to City. Penalties for
prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived
pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this
Agreement.
5, Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within
which said real property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code
of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and
Taxation Code of the State of California for that portion of property taxes on said real property for said
fiscal year which have been paid prior to the date the deed conveying said real property to City is
recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying
said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the
Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or
assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due
thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in
obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that
refund, if any, through or outside of Escrow.
All unpaid taxes on said real property for any and all years prior to the fiscal year within which said
conveyance is made shall be paid by Seller before conveyance of said real property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City,
as and for the full purchase price for said real property, temporary occupancy, fixtures & equipment
(improvements pertaining to the realty), goodwill (if any), and severance damages, for the total sum of One
Hundred Thirty Five Thousand and no 1100 Dollars ($135,000.00). The sum of One Hundred Twenty -
Nine Thousand, Two Hundred Twenty -Five and no /100 Dollars ($129,225.00), is compensation for the
certain real property and improvements as shown in Exhibit "A ". The sum of Five Thousand, Seven
Hundred Seventy -Five and no /100 Dollars ($5,775.00), is compensation for the temporary occupancy of
the property, which shall have a duration of 18 months, and is described and shown as attachment
(Exhibits "A" and "B ") to the Temporary Construction Easement deed. City agrees to deposit said
purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on
which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the
same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property
to City is recorded, quiet and peaceful possession of said real property, which shall be made free by
Seller of all personal property.
8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct
statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City
within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents
will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with
that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises
which are vacant as of the date that this agreement is executed by seller, or which may be vacated by
present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals
incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant
Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the
close of escrow shall be transferred to and become the property of City during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental
agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to
hold City harmless from all liability from any such leases or agreements. Seller also warrants that there
are no oral or written leases on all or any portion of the subject property exceeding a period of one
month.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on
the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of
said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained
herein.
10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions
hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the
respective Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for said real property and includes payment for fixtures & equipment
(improvements pertaining to the realty), goodwill (if any), and severance damages.
13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
successors and assigns, hereby acknowledges that this Agreement provides full payment for the
acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
claim for compensation for injury to the remainder ( "severance damages "); precondemnation
damages; claims for inverse condemnation; loss of goodwill and /or lost profits; loss or
impairment of any "bonus value" attributable to any lease; damage to or loss of improvements
pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or
personal property; any right to repurchase, leaseback from Seller, or receive any financial gain
from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of
necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any
notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other
obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025
and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure
sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being
understood that this is a complete and full settlement of all acquisition claims, liabilities, or
benefits of any type or nature whatsoever relating to or in connection with the acquisition of the
Property by Buyer. This release shall survive the Close of Escrow.
B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal
authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and
assigns, hereby fully releases Buyer, its successors, agents, representatives (including
attorneys), and assigns, and all other persons and associations, known or unknown, from all
claims and causes of action by reason of any damage which has been sustained by Seller, or
may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct
the works of improvement thereon, or any preliminary steps thereto. This Agreement does not,
and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as
a result of Buyer's efforts to construct improvements on the Property.
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box
1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
Seller is 16614 Catamaran Avenue, Cerritos, CA 90703 -1646.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16, Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole
of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that
were raised or could have been raised in connection with the acquisition of Said Real Property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of
any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or
about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from,
the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or
becomes regulated by any local governmental authority, the State of California, or the United States
Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous
waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or
25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,
Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316
of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous
waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"
under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii)
listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous
substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a
"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
S6901 et se q. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
S9601 et sea. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, all applicable
federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and
other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,
and the rules, regulations, and ordinances of the city within which the subject property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the State Water
Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and
local agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage,
or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
(1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on,
under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the
violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or
license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous
Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation,
any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim,
action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
intangible property damage, compensation for lost wages, business income, profits or other economic
loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak,
spill, release, or other adverse effect on the environment). This indemnity extends only to liability created
prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to
act post close of this escrow.
20. Contingency. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of
the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute
said acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
22, Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of
which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all
the remaining provisions of this PSA shall remain in full force.
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience
only and are not to be considered in construing this PSA.
24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of
the State of California.
25. No Reliance By One Party On The Other. Each party has received independent legal advice from
its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof.
The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party
based upon any attribution to such party as the source of the language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other
person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the party to
be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate
the terms and conditions of this PSA, without cost.
28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the
benefit of the successors and assigns of the Parties to this PSA.
29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature
herein below has the power, authority and right to bind their respective parties to each of the terms of this
PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
SELLER: Stac Property, LLC, a California limited liability company
Its:
City /Buyer
City of Santa Ana
David Cavazos ' J�
City Manager
Attest:
Maria D. Huizar
City Clerk
Approved as to Form:
andoval
C i Assistant City Attorney
ED FOR APPROVAL:
4-1��
Me Mou' avipbur
Executive Director
Public Works Agency
Date: 6` 8;�i 2016
Date:
Date:
2016
2016
Date:, 2016
Date: d "' ° �Z 2016
Date: _8 — 1 b — [ L , 2016
EXHIBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 408 - 471 -05
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
A PORTION OF PARCEL 4 PER MAP RECORDED IN BOOK 109 OF PARCEL MAPS,
PAGES 46 AND 47, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING EASTERLY OF A LINE, SAID LINE BEING PARALLEL WITH AND 64.00 FEET
WESTERLY OF THE CENTERLINE OF BRISTOL STREET, AS SAID CENTERLINE IS
SHOWN ON SAID MAP.
CONTAINING AN AREA OF 1960 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
SEPTEMBER 23, 2015
ANTHONY C. CUOMO, PLS 6042
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EXHIBIT "B" (First American)
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be
deposited in one or more of your general escrow accounts with any bank doing business in the State
of California and may be transferred to any other general escrow account or accounts. The
expression "close of escrow" means the date on which instruments referred to herein are filed for
record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any
instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title
insurance called for, is hereby authorized.
There shall be no proration of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any
other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers
and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or
attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or
claims with respect to this escrow or the rights of any of the parties hereto, or any money or property
deposited herein affected hereby, you shall have the right to discontinue any or all further acts on
your part until such conflict is resolved to your satisfaction, and you shall have the further right to
commence or defend any action or proceedings for the determination of such conflict. The parties
hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this
escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by
You. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged
from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time
specified herein and such additional time as is required to make an examination of the official
records, you will return all documents, money or property to the party entitled thereto upon
satisfactory written demand and authorization. Any amendment of and /or supplement to any
instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property
herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts,
each of which independently shall have the same effect as if it were the original, and all of which
taken together shall constitute one and the same instruction.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Grant Deed
dated June 8, 2016, from Stac Property, LLC, a California Limited Liability
Company, to the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California, is
hereby accepted by the undersigned officer or agent on behalf of the City Council
pursuant to authority conferred by Ordinance No. NS -2352 and Section No. 33 -55
of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in
compliance with California Government Code Section 27281 and the grantee
consents to recordation thereof by its duly authorized officer.
For the City of Santa Ana:
Dated City Mana r
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of (� Y'Lt• +w
n h� t r
On f ",��:4jj iii' �11� before me, C`a`r\ d , !' rL> t..i ^i' -(y Pli,G91.iG•
Date Here Insert Name and Title of the Officer
personally appeared , )rl� ! Li "u�1•� C
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)' is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her/their authorized capacity(ies), and that by his /hetAheir signature(s)-on the instrument the person(sy,
or the entity upon behalf of which the person(s)'acted, executed the instrument.
ROSA A. FLORES
Commission N 2057129
" 4 - Notary Pu blic •California z
Z Orange County n
My Comm. Expires Feb 7, 2018
Place Notary Seal Above
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�� V'\
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee
❑ Other:
Signer Is
❑ Guardian or Conservator
Representing:
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02014 National Notary Association " www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
When recorded, please mail this
instrument and tax statements to:
Cleric of the Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, California 92701.
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A. P.
R/W MAP
PROJECT
TAXES
FORM BY ATTY.
DIRECTOR
WRITTEN BY
CHECKED -O.K.
NUMBER 408- 471 -05
NUMBER
NUMBER
X
2222 S. Bristol Street, Santa Ana, CA 92704
DEED NO "ER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Stac Property, LLC, a California limited liability company
Does hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized
under the Constitution and laws of the State of California, for public roadway purposes, all that real
property in the City of Santa Ana, Orange County, State of California, located at 2222 S. Bristol Street,
Santa Ana, CA 92704, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated
Stac Property, LLC, a California limited liability company
Dated : By:
EXHIBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 408 - 471 -05
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
A PORTION OF PARCEL 4 PER MAP RECORDED IN BOOK 109 OF PARCEL MAPS,
PAGES 46 AND 47, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING EASTERLY OF A LINE, SAID LINE BEING PARALLEL WITH AND 64.00 FEET
WESTERLY OF THE CENTERLINE OF BRISTOL STREET, AS SAID CENTERLINE IS
SHOWN ON SAID MAP.
CONTAINING AN AREA OF 1960 SQUARE FEET, MORE OR LESS,
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
lAND gUS
EPTEMBER 23, 2015
ANTHONY C. CUOMO, PLS 6042
(AnfuOy.
.. CCuomo
Nn6942
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EXHIBIT 'B'
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
county of Lr)5 �2�) " ""
On 41gIIL -( beforeme, �,U�' Viyll Vob)ib
(Insert name and title of the officer)
personally appeared
Name of Signer (t)
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /ar-e-
subscribed to the within instrument and acknowledged to me that die /she /th€.y executed the same in
his/her /tb4a-ir authorized capacity(ies), and that by his /hex /the4 signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(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.
KATHERINE CAgANILLAL
Comm 12097665
�j Notary PobAc - California Z4
WITNESS my hand and official seal. ® LOS ANGELES COUNTY -b-
My
�? Comm. Fgb.17 2019
(Seal)
Signature of Notary Public
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A. P.
R/W NfAP
PROJECT
TAXES
FORM BY A=
DIRECTOR
WRITTEN BY
CHECKED -O.K.
NUMBER 408 - 471.05
NUMBER
NUMBER
X
2222 S. Bristol Street, Santa Ana, CA 92704
EE �✓(d % ,
DEED NUMBER
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stac Property, LLC, a
California limited liability company ( "GRANTOR "), Does hereby Grant to the CITY OF SANTA ANA, a
charter City and municipal; corporation duly organized under the Constitution and laws of the State of
California, (the GRANTEE, hereinafter referred to as "the CITY "), its successors and assigns, the
exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Santa
Ana, County of Orange, State of California, which is described on Exhibit "A" (legal description) and
depicted on Exhibit "B" (plat to accompany legal description), which are attached hereto and made a
part hereof (the "Property "), upon the terms set forth below.
1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ( "TCE ") is for the
purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner
Avenue and Saint Andrew Place ( "PROJECT "), a public project, and gives the CITY, its successors
and assigns, the power to perform all activities necessary for the construction and completion of the
Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under
GRANTOR's Property.
2. Term. GRANTOR agrees that the term of the TCE shall be for a period of eighteen
(18) months, and shall commence when the CITY issues a notice of commencement of construction
to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this
instrument shall automatically terminate and be of no further force and effect.
3. Release. For valuable consideration, as set forth in the Purchase and Sale
Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently
herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever
release and fully discharge the CITY and each of its predecessors and successors, and all of their
officers, directors, members, employees, agents, contractors, assignees, and representatives, from
any and all claims, demands, damages, causes of action, costs, and expenses (including, without
limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of
whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or
potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the
construction or use of the PROJECT ( "Claim "), including, without limitation, any Claim suffered by
reason of the theories of impairment of access, inverse condemnation, property damages, loss of
income and /or goodwill, and relocation assistance pursuant to Federal and /or State law and
implementing regulations or otherwise. GRANTOR understands and agrees that the release
contained herein shall not be deemed or construed as an admission by the CITY of any liability of
any kind to GRANTOR.
4. Special Provisions. The Special Provisions attached hereto as Exhibit "C," if any, are
hereby incorporated, and made a part of this Agreement by this reference. In the event of any
conflict or inconsistency between this Agreement and the Special Provisions, the terms of the Special
Provisions shall prevail.
5. Miscellaneous. It is mutually stipulated and agreed by and between GRANTOR and
the CITY hereto that this TCE contains the whole agreement between them as of this date and that
any amendments or modifications thereto must be in writing and signed by the parties. The
provisions of this TCE shall be binding upon and inure to the benefit of the successors and assigns of
the parties hereto.
Executed this Q day of 20 14,
Stac Property, LLC, a California limited liability company
r
Dated : By:
Dated :
Its:
EXHIBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 408 - 471 -05
BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF PARCEL 4 PER MAP
RECORDED IN BOOK 109 OF PARCEL MAPS, PAGES 46 AND 47, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, THE EASTERLY LINE OF SAID STRIP
BEING A LINE THAT IS PARALLEL WITH AND 64.00 FEET WESTERLY OF THE
CENTERLINE OF BRISTOL STREET, AS SAID CENTERLINE IS SHOWN ON SAID MAP.
THE WESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO
TERMINATE NORTHERLY IN THE NORTH LINE OF SAID PARCEL 4 AND
SOUTHERLY IN THE SOUTH LINE OF SAID PARCEL 4.
CONTAINING AN AREA OF 700 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
SEPTEMBER 23, 2015 �, o
ANTHONY C. CUOMO, PLS 6042
Mthony f�; Cuomo
�. . No. 42
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OF CA4Nt���
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EXHIBIT "C"
SPECIAL PROVISIONS
A. Construction Contract Work to be performed by the CITY
It is understood and agreed by and between the parties hereto that the CITY's contractor will:
• Either replace in kind or protect in place the site improvements which are within the described
TCE area. For example, driveway, landscaping, irrigation system, etc.
B. Improvements to be acquired by the CITY
It is understood and agreed by and between the parties hereto that payment rendered in the
Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions,
but is not limited to, payment for the following acquired improvements:
• Asphalt paving
• Concrete curbing
• Concrete block wall
• Irrigation system
• Landscaping
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
Cotmty of hGn
On _� {.l_ _before me, 43Vh.Lyj1'LtelV)on Ci "C-{ N PUbIiG
(Insert name and title of the officer)
personally
a
Name of Signer (1)
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware -
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
leis /her /tt,*ir authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(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.
cilx - liez 9�' � �i � (Seal)
Signature of Notary Public
JA
KATHERINE CA ANILL
Nary Public- Cailiomle
404!, LOS ANGELES COUNTY As
Canm. 6 , 11 1 22111