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HomeMy WebLinkAbout25J - AGMT - BRISTOL ST PHASE 3A4MURM CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: APPROVE PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE3A (PROJ. NO. 136792, NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANA R CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 13t Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Tenant -Seller Rodolfo C. Lamas DBA Rey Income Tax, for tenant interest in the property located at 1111 North Bristol Street, Suite L (APN 405-274-10), for the full purchase price of said tenant - interest and goodwill (if any) in the amount of $33,585, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City is acquiring properties for the development of Phase 3A bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2017 and construction is anticipated to begin in summer 2017. The acquisition of the tenant -interest in 1111 North Bristol Street, Suite L, (Exhibit 1) is necessary to accommodate the improvements and widening for Phase 3A. The City Council approved the purchase agreement for 1111 North Bristol Street, Suite L, on August 16, 2016. Rey Income Tax, tenant of Suite L, agreed to quitclaim all of their tenancy interest including loss of goodwill for the purchase price of $33,585. The purchase price was determined based on the appraised values prepared by a State -licensed appraiser, and the offer was accepted by the tenant -seller. The purchase price for the acquisition listed above is shown in the corresponding agreement (Exhibit 2). 25J-1 Purchase Agreement for Bristol Street Improvements Phase 3A November 15, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $33,585 are available in the Bristol Street Improvements Project (No. 136792) in the Select Street Construction Fund (Account No. 05917661-66100) for expenditure in FY 2016/2017, subject to nonsubstantive changes. l Fre Mous vipour Executive Director Public Works Agency FM/EWG/ML Exhibits: 1. Location Map 2. Agreement for APN 405-274-10 APPROVED AS TO FUNDS & ACCOUNTS: 5�- � :;�, r INA Francisco Gutierrez Executive Director Finance & Management Services Agency 25J-2 (NTS ) MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET CIVIC CENTER DR. S*C 9ll61 O-,IIH JF CT FHO P L 1411 E$ -d AHIRED PM)I^FRT IEY. WASHINGTON AVENUE EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA AMA TITLE PURCHASE AGREEMENT FOR CITY COUNCIL P W A AGENDA DATE PHASEIL3Ar( (PROJECT IMPROVEMENTS NO. 36792 NOV. 15, 2016 NONGENERAL FUND) °a"° W RK, °""`" (Strategic Plan Na. 6, 1, G; and 3, 2, C1 25J-3 PAGE 1OF1 25J-4 SELL AND SALVAGE Project: Bristol Street Imuro_vement Project — Phase 3A A PN: 405-274-10 Tenant -Seller: Rodolfo C. Lamas dba Rey income Tax AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into as of this 3aloday of EJC fog ~_-o 2016, 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 RODOLFO C LAMAS DSA REY INCOME TAX ("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 " Conveyed Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street Suite L Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit A 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 Conveyed Improvements 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 B. Tenant -Seller may retain, salvage and remove from Premises those improvements described in Exhibit C attached hereto ("Retained Improvements"). The conveyed Improvements and the Retained Improvements are collectively referred to as the "Improvements." 2, PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of. THIRTY THREE THOUSAND FIVE HUNDRED EIGHTY- FIVE AND NO/100 DOLLARS ($33,585.00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $3,610.00 Less the Salvage Value of the Retained Improvements as shown on Exhibit C $25.00 Loss of Business Goodwill $30,000.00 TO'T'AL AMOUNT PAYABLE THROUGH THIS AGREEMENT $33,.585.00 Exhibit 2 25J-5 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant -Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D 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. Tenant -Seller will vacate the property by September 30, 201b. 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant -Seller to Buyer all of Tenant -Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant -Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant -Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. 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. 9. BULK SALE. In order to establish proof of clear title to the improvements, Buyer may publish it Notice to Creditors pursuant to the Bulk Sales Law of the Stats 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. 10. 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 all 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 funds 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 Temmt-Seller is entitled to payment under this 2 25J-6 transaction for the Improvements. It sliall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 11, DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously fled 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 fling 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. 12. 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. 13. 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 any and all claims in 'inverse condemnation and for pre -condemnation damages, and any and all claims for loss of business goodwill, 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, and the loss of business goodwill (but excluding relocation benefits to which Tenant -Seller may be entitled). Tenant -Seller hereby disclaims any right, title or interest in or to the Premises, Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releases"), hereby release the other party, and its Releases, 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 hnprovements and the Tenancy Interest. Additionally, Tenant -Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, statutory interest, claims for inverse oondemnation or unreasonable pre -condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. 25J-7 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SEC'T'ION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant -Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenant -Seller: RG I_ 15. 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. 16. 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. 17. 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, 18. 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. 19, 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. 20. WARRANTIES. REPRESENTATIONS AND COVENANTS OF TENANT - SELLER, Tenant -Sellar 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. 25J-8 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. 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 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. 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, §251 t7 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), (iii) 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. 51,317), (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 (A) defined as a "hazardous substances" pursuant to Section 101 of the 5 25J-9 Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901). 22, 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 Iimitation, 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. .23. 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 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 omissions of Tenant -Seller herein. 24. 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 sum as its attorneys' fees and costs, 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document, 26. 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. 27, ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. N WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. 25J-10 Mailing Address of Tenant -Seller Tenant -Seller PO BOX 61501 Rodolfo C. Lamas c ba Rey Income Tax Irvine, CA 92602 (- l Mailing Address of Buyer Buyer 20 Civic Center Plaza, M-30 TI4E CITY OF SANTA ANA Santa Ana, California 92701 By: David Cavazos City Manager Attest: By: Maria D. Huizar City Clerk Approved as to Form: Jo Sandoval ChteFAssistai C:ty Attorney Date: lo— S-1 err Recommended for Approval: By: Fred Mousavipour Executive Director - Public Works Agency IIA 25J-11 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 1 of Parcel Map No. 87-340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 237 Panes 48, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parrel Number: 405-2%4-10 25J-12 EXHIBIT B IMPROVEMENTS PERTAINING TO THE REALTY REY INCOME TAX IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DKI'E OF VALUE - MAY 2., 2016 Fair Market Item Value in No. Qty. Description Place 2 Exterior overhead floodlights, dual ]reads, fluorescent, mounted on 3' metol polo, electrical 2 1 Neon tubo window border light, 55"x 8011, electrical 3 1 Lot of commercial floor carpeting, nylon, 4" robber base coving 4 1 Lot of interior wall paint and d6cor, textured 5 1 Vinyl window sign, 41x 61, printed graphic d6cor, "Notary Public/ Rapid Refund", with logo 6 1 Vinyl door sign, 34" x 74", mesh, printed letters, "R -,y Income Tax Services/ etc." TOTAL IMPROVEMENTS PERTAINING TO THE REAL'T'Y 25J-13 $1,100 300 1,150 540 240 280 EXHIBIT C DESCRIPTION OF THE RETAINED IMPROVEMENTS RrY INCOME TAX fairMarkct Forced Item Value In Liquidation No. Qty, Description Mace Woo I Neon tube window border light, 55" x 80", electrical 300 25 TOTAL RETAINED IMPROVEMENTS PERTAINING TO THE REALTY 25J-14 $25 EXI11BIT D RWORDING 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 NIU M IRTA 11 County Assessor's Parcel Number: 405-274-10 (1111 N. Bristol, Suite L, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RODOLFO C. LAMAS DBA REY INCOME TAX 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 °1" 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 "2", 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 "1" & "2" 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 nvT , 2016. M 25J-15 Date: Oa:Q'a L2QI(, CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 validity of that document. State of California County of d� On C� �J: J before me, �— are inv,0 name ant ItOe o(Inn oTj personally appeared who proved to me on the basis of satisfactory evidence to be the person—(,6) whose name( Is/ r subscribed to the within instrument and acknowledged to me that ( e Atlee executed the same in his/her/their authorized capacity((es"), and that by FIs their signature(sl on the instrument the person(5y), or the entity upon behalf of which the person(s) acted, executed the instrument. rtify under PP`C ALTY OF PERJURY under the laws of the State of California that foregoing paragraph is true and correct. NESS my h no and official al. p MA OUO2osoMA r` • It NOTARY PUBLIC - CAUFORNIA@I ORANGE COUNTY 0 r COMM. EXPIRES OCT. 3, 2018 -+ ry Public Signat------`"-"- .,_— (Notary Public Seal) Mu 1MM,M OF THE ATTACHED DOCUMENT IT ill or description of a(dached document) (Title or descriphen of altncheddocument continued) of Pages __ Document Date..-.__._ --- CAPACITY _ CAPACITY CLAIMED BY THE SIGNER Individual (s) 0 Corporate Officer (Title) 0 Partner(s) 0 Attorney -in -Fact 0 Trustee(s) Ottley . _ , ,It t:4, . _ INSTRUCTIONS FOR COMPLETING THIS FORM Tho ivan cnnrp(irts wi(h torrent CnliJnrnla .rfanrtnetegarding rminry trawling and, iJnacded, should Ga rouQ�lated earl attached to the tlnaunsen/. dclnlow(edgntertls fi•mn other stoles may he ennytfatadJmdouumanGs hcing sear to shot strrlu.ro inrsq as the no, does not require the Col polnin nmmy to violate Cal/fbrnla noltn y Intr. • State and County inforntntioll must be the State and County where the document signet(s) personally appeared before the nouaypublic rot acknowledgment. • Date of notarization must be the (lute that the signcr(S) personally appeared Which must also be the sone date the acknowledgment is completed. • Tu notary public oust print his or her inane as ii npFIMS within his or her cotnnrissien followed by a comma and then youtitle (notary public). • Print the name(s) of document signct(s) who personally appear at the tines of nounimtion. • redieatC the correct singular or ptutd forms by crossing off iocu'rcct flims (i.c. be/sduhheyr is Ane ) or circling les correct t'arms. Failure to curcctly indicate this information nlay lead to rejection of document recording. • 'file nanny seal impression must be clear and photographically reproducible. Impression must not cover teal or lines 11'seal impression snwdges, ro-sed if a sill l iciest area permits, otherwise complete a different tick nowlcdgmcnt tin'ia • Signature efthe nutaiy puhlic mast nhatch the signature on lite wide the oFice of the county clerk. Additional Imfomnnion is not required but could help W en5arc Itis aclaloo-lodgment is mol misused or attached to a diflclent document. Indicate title or type ornttached document, number oFpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securtly attach this document to the signed documem With a staple. 25J-16