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Home My WebLink AboutWALKER, ROBERT DANIEL - 2016INSURANCE NOT REQUIRED A-2016-300 WORK MAY ff(jT��IfF1ASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY CLERKOFCOUNCIL AND BILATERAL ESCROW INSTRUCTIONS DATE ) ( -- / - .mot V THIS AGREEMENT (hereinafter "PSA"), entered into on 201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer'), and Robert Daniel Walker, an unmarried man (hereinafter "Seller"), regardless of number or gender; 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" and "A-1" — Legal Description and EXHIBIT "B" and "BA" — Plat Map ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1306 W. 11'h Street, Santa Ana, CA) (APN: 004-111-18) 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. A. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described on the attached Exhibit "A-1" and depicted on the attached Exhibit "134' and incorporated herein by this reference. 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 not 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. 3. 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 Twenty Thousand Seven Hundred and no/100 ($20,700.00) 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 ,dquirements 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 Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, 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 "C" 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 "C" 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 construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Twenty Thousand Seven Hundred and no/100 ($20,700.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) 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 portion of real property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of 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/360-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. U. 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 or machinery, fixtures, inventory, equipnj�nt 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. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 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." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 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-1 306 W. 11th Street Santa Ana CA 92703 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 whici, 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 sec. (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 sue. (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 (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 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. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following at the time of construction of the proposed project: i. Construct an eight foot (8') wall east of the Said Real Property. ii. Notify the seller of the construction date for the above wall as soon as a construction schedule is provided by the contractor. All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the Property: NONE 31. 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: Robert Daniel Walker, an unmarried man �ZeI -` 7 i� 2016 Date: Robert Daniel Walker City/Buyer City of Santa Ana /Js c... % /�°--�•'°•�r Date: 6D -31— 12016 David Cavazos t3dL City Manager Attest: ��.C� `'.• �. °wi `2' Date:, 2016 Maria D. Huizar r City Clerk Approved as to Form: , , Date: 0 . 2016 e Sandoval JjChief Assistant C y Attorney Recommended for Approval: ® /�,•'�\ Date: 2016 F Nlo savipour Ex cutive Director Public Works Agency EXHIBIT "A" (Part Fee Take) LEGAL DESCRIPTION IN THE GTI `a' OF SANTA ANA, COUNTY OF ORANGE, STATE OF C AIHO BEII�G Pj. PORTION OF LOT 19 OF TRACT NO.1290, PER NJ" RECORDED IN HOOK 39, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF'THE COUNTY RECORDER.OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOVENG DESCRIBED LINE: COMMENCING AT THE INTERSECHON OF TEE CENTERLINES OF ELEI7ENTH, STREET AND BRISTOL -STREET AS SOWN' ON SAID MAP;. THENCE, ALONG SAID CENTER= OF ELEVEN'fH STREET„, NORTH 89031'"12"V�TST,137.04 FEET`, TFIENCE, PERPENDICULAR TO SAID CENTERLINE OF ELEVENTH STREET, NORTS3 0'28'49 EAST, 30.00 FEET TO A POINT ON THE. SOUTH LINE OF LOT 16 OF SAID TRACT, SAID POINT BEING Ti HE TRITE. POINT OF BEGL\t''+T'gG, SAID TRIBE POINT OF BEGRiWNING BEING A POINT ON A NON -TANGENT CURVE, CONCAIT TO THE NORTIRVEST,. HA19NG A RADIUS OF 95.00 FEET'", A RADIAL LINE THROUGH, SAID POINT BEARS SOUTH 21°08'45" EAST, TEENC.E, NORTHEASTERLY ALONG SAID CURVE 1.5 51 FEET THROUGH A CENTRAL L ANGLE OF 9021' 18"TO A POINT OF REVERSE CURVATURE' WITH A C VE, COINCA TOT SOUTHERLy,1&aESTERLY, AT%MNORTHERLY, HAVING RADIUS OF 43.00 FEET, TIIETC.E, EASTERLY';, SOUTTIERL'Y, AND IvE�"TERLY" ALOI Cx SAID CURVE 182.10 FEET' THROUGH A CENTRAL ANGLE OF 242"38'09" TO A POINT OF RE T SE CURVATURE wITH A CURVE, CONCAVE S OT7TH)7MSTERL.'A , HAVING A RADIUS OF 95.00 FEET,. THENCE, NORTinvESTERLY ALONG SAID CURVE 14.40 FEET THROUGH A CENTRAL ANGLE OF 8`41' 13" TO TEE NORTH LINE OF SAID LOT 19 OF SAID TRACT. CONTAR,UNG AN AREA OF 344 SQUARE FEET, MORE OR LESS. ALL AS SHO'kW ON E_ IT `B% ATTACHED HERETO AND By THIS REFERENCE MADE A PART HEREOR S�LWECT TO CO,�+TNAtr'ITS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASI=Ia4ENI'S OF RECORD, AND RIGHTS OF WA T, IF AWY. THUS DESCRII'TION IIAS BEEN PREPARED BY I ON SEPTEMBER 28, 2015 ANTHONY�C. CUOMO, PLS 6042 EXHIBIT "B" (Part Fee Take) PLAT MAP In 00 Inbi incu i a to W CU 1 VC Co C3 J In'.1 J w J pCO J {Y1 i'7 SS Y J CI3'3 dAu cu 0 co' cj u � u U cu J J (--� 1 7 CY IS--ID,LSlaff _ N411'31' 41'E 74, I_j ,OC n06 2 Lli 5460 14' 2c" S h845° d_6' 450 � . 41`W J5° 27' .avremm�:.a.Ewa_...c 44"W SQ3.53' w L 1 l A fu t,3r J 6-- � � J 10 08' 45' uo m J c 0 EXHIBIT "A-1" (TCE) LEGAL DESCRIPTION BEING A 5-00 FOOT :STRIP, hN THE CITY OF SANTA.ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 19 OF TRAI T I* O- 12'90, PER NIA- RECORDED IN BOOK 39, PAGE 39 OF MISCELLANEOUS MAPS, Its THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE NORTHEASTFRLy 1:.INE, OF SAID STRAY BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS: CCOIIIAIENCI*;TGAT THE INTERSECTION OF THE CENTERLINES OF ELE�J'ENTH STREET AND BRIP.STOL STREET AS SOWN ON SAID MAP, THENCE ALONG UCH SAID C NTERI _LNEOFELEVENTHSTREET, NORTH 89 °31' 12 WEST, 137,04 FEET; THENCE, PERPENDICULAR TO SAID CENTERL11NE, OF ELE4+FEPTIH STREET, NORTH 0'28'48" EAST, 3G-41 CD FEET TO A POINT ON THE SOUTH LINE. OF LOT 16 OF SAID TRACT, SAID POINT BEING TESE TRUE POINTS OF BEG NNINC, SAID TRUE POINT OF BEGINNING BEING A POINT ON A NON -TANGENT C: LTR-%FE, CONCAVE TO THE NORTH % EST, H.A'v'IT"+TG A RADIUS 0F95_0,0 FEET, A FADIAL 7 E`7E THROUGH SAlD POINT BEARS SOUTH 2 1008'45" EAST, THENCE NORTHEA STERLy ALONG Sr'lIf] C;UJR%rE 15.51 FEET THROUGH A CENTRAL ANGLE OF 9"2I' l3" TO A POINT OF REN ERSE CURRX?ATURE%= A CURS E, CC?NCA r _ SOITEHERLy, IVFSTERLY_, AND NORTHERLY, HAVING A RADIUS OF 43_00 FEET, THENCE, EASTERLY, SOUTHERT Y, AND WESTERLY ALONG SAID CURVE 182.10 FEET THROUGH A CENTRALANGLE OF 242°'38'0W' TO A POINT OF REVERSE CURVATURE WTIH A. CgURVE CONCANTE SOUTH jTFSTERLY; HAT4rII",ING $. RADIUS OF 95-00 FEET; THENCE, I+ oR.TJ-RXFESTERLY ALONG SAID CURVE. 14.40 FEET THROUGH A C'. NTF-4Li AI*TGLE OF 8041' 13" TO THE NORTH LEIqE OF SAID LOT 19 OF SAID TRAC f. THE SOUTMVESTERLy LINE OF %AID STRIP' SHALL BE LENGTTIENED OR SHORTENED TO TERMINATE EASTERLY IN, THE EAST LR E OF SAID LOT 19 AND V67FSTERLY IN THE 1,WEST LINE OF SAID LOT 19_ CONTAINING AN AREA. OF 247 SQUARE FEET, MORE OR LESS - SUBJECT TO COX+TI TAITTS, C NDI111 DNS, RESTRICTIONS, RESERVATIONS, F-+4:`aFNIIIENTS OF RECORDAND RIGHTS OF Talr'AY, IF.AN'd'"- MI S DESCRIPTION HAS BEEl`+1' PREPARED B''Y NIE CON rMomtNny SEPTE'CwIBER'28,2CD15ANTHONY C. CUOMO, PLS 6042 EXHIBIT "B-1" (TCE) PLAT MAP d w d m P. co �� 4 Va 14 .0 O a U, cu Wo J co t^3 co N CD RJ 0 It If} AMP 3s I0.islaff Ivry N1711 31 ` 4 V E 4SYYi • #Yeti • 4'.ryTY^I}l aa�,y�.o+,Pli. Lei s 'l r� z xJ lY+I,,ry�(L�ICJ R u 2 4 r 3 �S.N S • I' Fe r fL CY LI.°IJ A Lj � S466 14' 222 W N1450 1E' 45" 4' �7 +�02 r-Y pro- a �rM v N05 27' 444O W i S03a 53' 41>'N s _n Q'i cu PRC I Gl ' . ti _ Ic {gyppry' < Sal* COS' � N23'26'54'E0 U.CdUd i�U6 4 sr:e.� [5 0 �, wo [Z .y z: = J ae ae EXHIBIT "C" (Commonwealth Land Title Company) 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. 3c w A-1 b J' t Wes,.-JCIG�-�'• - COTC PROCESSING FORM Agreements / Amendments / Deeds ,,, 0Cj 31 AM 11: 43 'CITY OF SANTA AAA TO: CLERK OF THE COUNCIL OFFICE CLERK OF COUNCIL FROM: DEPT.: Design Engineering MAIL STOP: PROJECT MANAGER: Mindy Lv NEXT.: m AGREEMENT NUMBER (if amendment): A / N AMENDMENT NUMBER (if applicable): ❑ 1ST ❑ 2ND ❑ 3RD ❑ NAME OF CONSULTANT / PARTY: Robert Daniel Walker - P&S Agreement ($20,700.00) / NOTARY M-36 5665 AMOUNT: ❑ * OVER $25,000 — (A) ❑ *UP TO $25,000 - (N) Note: If your agreement with a vendor exceeds $25,000 within a Fiscal Year, then you will need to obtain Council Approval. ❑ 1) NOT approved by council. ❑ 2) Approved by council. COUNCIL APPROVAL DATE: 10/18/16 ITEM #: TERM OF AGREEMENT- EFFECTIVE DATE: 10/18/16 TERMINATION DATE: SIGNATURES REQUIRED: ❑ VENDOR © AGENCY ❑ CITYATTORNEY ❑OTHER n/a (INSURANCE APPROVAL'; REQUIRED BY CAO PRIOR TO 'SUBMITTING TO,'COTC), INSURANCE REQUIRED: ❑ YES m NO (Provide City Attorney Office approval) ❑ AUTO ❑ CGL (Commercial General Liability) ❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION COMMENTS: Please contact Mona Iskandar for pickup X5013 or miskandar@santa-ana.org ❑ DO NOT PROCESS ❑ Needs Council Approval ❑ Missing Signatures ❑ Other * Charter amendment effective December 21, 2006 for City Manager contract authority increase; NS-2717 L1Agreements\Form -AGREEMENT PROCESSING FORM_canary,doc Revised: 1/17/2012 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: APPROVE PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NONGENERALFUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) �a J I /,, Z'' MENOWAM CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED D As Recommended D As Amended D Ordinance on 1't Reeding D Ordinance on 24d Reading D Implementing Resolution G,7 Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute purchase agreements for the real property acquisitions listed below, partial acquisition and temporary construction easement, and goodwill, if any, with the following property owners, subject to nonsubstantive changes approved by the City Manager and City Attorney: Property commonly Acquisition No. Property Owner known as / location Type Amount 829 N. Bristol Trust, Lan Le 829 North Bristol as Trustee (APN 405-262-22) 2 Robert Daniel Walker 1306 West I 1th Street Partial $20,700 (APN 004-111-18) 3 Marshall -Kelley, LLC 1220 N. Bristol Street Full $640,000 (APN 004-113-35) 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. 25D-1 Purchase Agreements for Bris, . Street Improvement Phase 3A October 18, 2016 Page 2 Property acquisitions (Exhibit 1) are necessary to accommodate the improvements and widening for Phase 3A. Purchase offers were made based on the appraised values prepared by a State licensed appraiser, and accepted by the respective property owners. The purchase price for the aforementioned acquisitions is shown in the corresponding agreements (Exhibits 2-4). 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) and Goal 43 — 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 IMPAC,r 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 $1,150,700 are appropriated In the Bristol Street Improvements Project (No. 136792) and available for expenditure in FY 2016/2017 in the Select Street Construction Fund (Account No. 05917661-66100), subject to nonsubstantive changes. Fred Mousavipour Executive Director Public Works Agency FM/EW G/JG/KN/ML EXHIBITS: 1, Location Map 2. Agreement for APN 405-262-22 3. Agreement for APN 004-111-18 4. Agreement for APN 004-113-35 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D-2 4 (NTS) 10TH STREET 9TH STREET T. ,J 0^ Vd 0] • r. CIVIC CENTER DR. J L� 01 LEGEND = -SUBJECT PROPERTIES -ACQUIRE(! PROPERTIES EXHB I 1 ae9�274-6y < 409262^33 11TH STREETW m' N O P-2 SANTA ANA 'mLE: PURCHASE AGREEMENTS FOR I CITY 001U CL BRISTOL STREET IMPROVEMENTS P W A Adem DAm- PHASE 3A (PROJECT NO.136792 OUT 1% 2715 NONGENERAL FUND) (Strategic Plan No. 6,1, G; and 3, 2, Cj 25®-3 PAGE 1 OF 1 0 CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: APPROVE PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) CITY MANAG CLERK OF COUNCIL USE ONLY: APPROVED OCT 1 8 2016, Aso I$ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER A._Ib• ga�9_�, 9. ,�.1pib.3oo �•�ot4.3o1 Authorize the City Manager and Clerk of the Council to execute purchase agreements for the real property acquisitions listed below, partial acquisition and temporary construction easement, and goodwill, if any, with the following property owners, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1 829 N. Bristol Trust, Lan Le 829 North Bristol Street Full $490,000 as Trustee (APN 405-262-22) 2 Robert Daniel Walker 1306 West 11 Street Partial $20,700 (APN 004-111-18) 3 Marshall -Kelley, LLC 1220 N. Bristol Street Full $640,000 (APN 004-113-35) 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. Purchase Agreements for Bris October 18, 2016 Page 2 Street Improvement Phase 3A Property acquisitions (Exhibit 1) are necessary to accommodate the improvements and widening for Phase 3A. Purchase offers were made based on the appraised values prepared by a State licensed appraiser, and accepted by the respective property owners. The purchase price for the aforementioned acquisitions is shown in the corresponding agreements (Exhibits 2-4). 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) and 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 $1,150,700 are appropriated in the Bristol Street Improvements Project (No. 136792) and available for expenditure in FY 2016/2017 in the Select Street Construction Fund (Account No. 05917661-66100), subject to nonsubstantive changes. Fred Mousavipour Executive Director Public Works Agency FM/EW G1JG/KN1ML EXHIBITS: 1. Location Map 2. Agreement for APN 405-262-22 3. Agreement for APN 004-111-18 4. Agreement for APN 004-113-35 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 4 (NITS) 10TH STREET 9TH STREET • -, c � I , 11m 0 z CIVIC CENTER DR. �111 Li-_.------ . -SUBJECT PROPERTIES -ACQUIRED PROPERTIES ---- --- ------ J L---- _-_ WASHINGTON AVENUE -- I m 40 �274-12 � N ' m 40 -274-11 m 1 �=,_L— 12TH STREET J -274-09 405-262-33 MATCHLINE SEE TOP LEFT SANTA ANA TITLE: PURCHASE AGREEMENTS FOR CITY COUNCIL BRISTOL STREET IMPROVEMENTS P W A AamA DATE° PHASE 3A (PROJECT NO.136792 OCT 1% 2= NONGENERAL FUND) (Strategic Plan No. 6, 1, G; and 3, 2, C) PAGE 1 OF 1 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on —_ —_ __---_ - 2016, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer'), and Robert Daniel Walker, an unmarried man (hereinafter "Seller'), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seiler 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" and "A-1" — Legal Description and EXHIBIT "B" and "134" — Plat Map ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1306 W. 11th Street; Santa Ana, CA) (APN: 004-111-16) 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: Conveyance by Seller. A. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described on the attached Exhibit "A-1" and depicted on the attached Exhibit'B-V and incorporated herein by this reference. 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 beconveyed 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 not 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 3. 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 Twenty Thousand Seven Hundred and no/100 ($20,700.04) 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 Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, 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 "C" 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 1266.240. 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 "C" 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 construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Twenty Thousand Seven Hundred and nol100 ($20,700.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) 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 portion of real property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (a) Recordation of the Deed conveying said portion of 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/360-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 arty), and severance damages. 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on successors and assigns, hereby acknowied acquisition of the Property by Buyer, and claim for compensation for injury to the damages; claims for inverse condemnation; any "bonus value' attributable to any lease; behalf of himself, his heirs, executors, administrators, ges that this Agreement provides full payment for the Seller hereby expressly and unconditionally waives any remainder ("severance damages"); precondemnation loss of goodwill and/or lost profits; loss or impairment of 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. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 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." Seller acknowledges that he may have sustained damage, loss; costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future, Nevertheless; Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 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 1306 W. 11th Street Santa Ana ACA 92703 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 (1) 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 2C, (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. 86901 et seq. (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 at sec. (42 U.S.C. S9601). 1a. 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. % 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 (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 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 parry 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. W Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following at the time of construction of the proposed project: Construct an eight foot (8') wall east of the Said Real Property. Notify the seller of the construction date for the above wall as soon as a construction schedule is provided by the contractor, All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. _ (b) It is understood. and agreed, by and between the parties hereto that, the compensation „paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the Property: NONE 31. 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: Robert Daniel Walker, an unmarried man ^� Robert Daniel Walker City/Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: r J e Sandoval Chief Assistant C y Attorney Recommended for Approval: Date:. ,2016 Date: Len 2016 2016 Date: 2016 Date: 2016 Fred Mousavipour Executive Director Public Works Agency EXHIBIT "A" (Part Fee Take) LEGAL DESCRIPTION LyING NORTRpASTERLy OF THE FOLLOWING DESCRIBED LINE: BRISTOL STREET AS SOWN ON ai as ai r iSTREET NORTH8903112"'WEST,137-1 a� i } . li ' a • � } . 1 ! HAVING} OF 95.11 THENCE, NORTHWESTERLy ALONG SAID CUR%m 14.4i):FEET THROUGH A CENTP—kL ANGLE OF ," THE NORTH LDIEOF 1! LOT 19 OF SAID } r a1.' ;a • a � • n "� "a is 1 • SUBJECT TO CONTNANTS, CONDMONS, REsTRIC11ONS,a RECORD, } RIGHTS OF IF THIS DESCRTn0N HAS BEEN pk 1 ! "SEPTE03ER28,2015 ANTHONY C. ! '! PLS 60422F :.nip EXHIBIT "B" (Part Fee Take) PLAT MAP d ICI Ili. Q+ tit Z% � U I I Ct{ 00 Cam" tU N r `"'� w - `V Zo v i 65 � cuu h V to N t�"L Q'+{L! 14f1 ill, nJ ^�11" 11 ��„ «� ° edJ a cnls e� J Ncu A. qr•I l '+iiQ f.?4.�aAf' M 1 C,Y - u u cu J .J +4 tf TT cC is ~IoisdCN.ff NW314VE , a '1SNC70 ., 'S ,t�h2li1S d/7 z . a > + w o� it I 146014r, ky� - G5 Pi45°16'45'W b � M N05* 27' 44' W rg 0`4VW R�cO I ' coca —' L 1 IFC cmn c {I 521"08` 45`E W »� N3°26` 5h'E Ia cm vu P EXHIBIT "A-1" (TCE) LEGAL DESCRIPTION BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA A -NA, COUNTY OF ORANGE' STATE OF CALIFORNM, ,SAJD STRIP BEING A PORTION OF LOT 19 OF I RACT NO- 1290, PER MAP RECORDED IN BOOK 39, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECOR DER OF SAID COUNTY. TTIE NORTHERS rERLY LINE OF SAID STRIP BE`INO MORE PARTN,'T.II:.ARLY DrEsCRIB ED AS FOLLOWS: COMIt.1:ECd�CING-AT THE INTERSECTION OF THIS clRr I`•R .lNF-S OF ELE4'EI TM STREET AND BRISTOL STREET AS SOV W ON SAID MAP' THENCE, ALONG 5 AID GE`E1ZL.Y.0 7E CDF ELE�TEfitTH STREET, NORTH S9°31' 12" WEST, 137.04 FEET; THENC.'E, PERPENDIC.'ULAR. TO SAID CZENTERI.,INE OF ELEVENTH STREET. NORTH 0°28'48" EAST, 30,00 FEET TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAM TRACT, SAID POINT BEING THE TRUE P OINT OF BEG 1 TNING, SAID TRUE POINT OF BEGINNING BEING A. POEgT ON A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 95-00 FEET; ARADIAL LINE THROUGH SAID POINT BEARS SOUTH 21008'45" EAST; THENCE, NORTHE STERL5° ALONG SAID CURVE 1 _51 FEET THROUGH CENTRAL, ANGLE OF 9"21' 18" TO A POINT OF REVERSE CURVATURE %TITII A CURVE'CON C I VE SOU IHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET THENCE- EASTERLY, SOUTHERLY _ AND uMSTERLY ALONG SAID CURVE 182.10 FEET THROUGH A CENTRAL ANGLE OF 242038'09" TO A POINT OF REVERSE CUR17t TORE WITH A CURVE_ CONCAVE SOC.TfHVsrESTERLY, HAVING A RADIUS OF 95-00 FEET; THENCE, NORTH4,VESTERLY ALONG SAID CURVE 14.40 FEET THROUGH A CENTRAL. ANGLE OF 9041' 13" TO THE NORTH LINE OF SAID LOT 19 OF SAID TRACT. THE SOUTMVESTERLY LINE M LENGTHENED i. .' THE FAST LINE OF SAID 9, D WESTERLY IN THEWEST LINE OF SAID LOT 19- CONTAINING AN AREA OF 24 a SQUARE FEET> MORE OR LESS_ SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS. RESERVATIONS, EASEN ENTS OF RECORDS AND RIGHTS OF WAY, IF ANY. SEPTEMBER 28, 2015 ANTHONY C. CUOMO, PLS 6042 EXHIBIT "B-1" (TCE) PLAT MAP a o 0 a 0 � 00 a vA � z �' ~ y Cd OC to Y co s itJ * W CCU 10 CCU w [? CU .fin �-' .-+ � A,uj Q Li I ttl tYa `d' U,) '"'" CU liWY Y {AMIW' i. R IIYi R �. y TIMYi Y MIfiYR. F CL A o Ld i m� a � a, w S466 14' 22' W CYS `< N45° 16' 45'.W E:3 es �Za � � oi 44 'j _, -3'41-W I� NO 5 c7' 44'td S m s in 000 e � m ° N Fa`RC .cr _ PRC cam i G sat °g2:45'E/ 'ro_ NM26'SA'E I4� myµ rrt �h0 V'o ! p 60 CD . tU CUC3 X f4 N EXHIBIT "C" (Commonwealth Land Title Company) 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. flr • 2-O l v • bo o Comlrlonwealth Land Title Company 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 'n-IE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6+615'. �?nare.sa/a 9ZA�:7 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II1[I 1$11III jjIIIIIIIIIIIIIIIIIII11I1III11fII1111]IjjI 1IIIIIII NO FEE *$ R 0 0 1 1 1 5 0 1 9 9$* 2019000367052 2:49 pm 09/24/19 48 401 G02 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL TAXES APPROVED AS TO PORN BY ATTY, APPROVED BY DIRECTOR DESCRIPTION ""TEN BY DESCRIPTION CIMCKBD-OK. A.P. NUAABER ON-11118 R MAP NUMBER PROJECT NUMBER X 5'7 9 1306 W. 1 I Ih Street, Santa Aaa, CA 92703 g DELD NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Daniel Walker, an unmarried man Do 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 1306 W. 11th Street, Santa Ana, CA 92703: SEE EXHIBIT'A' and'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated By, / ^7 "'/,7 /f X, Robert Daniel Walker Commonwealth Land Title Company 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION AP. RM1VMAP PROTECT TAXES FORMBYATTY. DIX CTOR WRITTEN BY CHECKED-O.K. NUMBER ON-111-18 NNMBER NUMBER x 1306 W. I Ith Steel, Santa Ana, CA 92703 /ar79 3 ED NUn-mER T,� J10.00J GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Daniel Walker, an unmarried man Do 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 1306 W. 11th Street, Santa Ana, CA 92703: SEE EXHIBIT 'A' and 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : OC/C y, a U 14 Robert Daniel Walker EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES - AP No. 004-111-18 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 19 OF TRACT NO. 1290, PER MAP RECORDED IN BOOK 39, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF ELEVENTH STREET AND BRISTOL STREET AS SOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF ELEVENTH STREET, NORTH 89031' 12" WEST, 137.04 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE OF ELEVENTH STREET, NORTH 0028'48" EAST, 30.00 FEET TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID TRACT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 21008'45" EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE 15.51 FEET THROUGH A CENTRAL ANGLE OF 9021' 18" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE 182.10 FEET THROUGH A CENTRAL ANGLE OF 242038'09" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 14.40 FEET THROUGH A CENTRAL ANGLE OF 8041' 13" TO THE NORTH LINE OF SAID LOT 19 OF SAID TRACT. CONTAINING AN AREA OF 344 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 p 1,AN0 Sb PREPARED BY ME ON SEPTEMBER 28, 2015 o ANTHONY C. CUOMO, PLS 6042 v AnthonyCuomo No`6042 TaTFOF CA0i°�`/ 0 00 O O 00 O r 0 �f 6 M M Ln M d II BEY bN �p F GZ Ifj d' I V p� II � O `" M ciJ JatA O W U �dW � �� 'N O "t `-� W 3 2 a > F O Lf1 a U 5 a It I1� It a •-' 05 U"1 a (7� (U 000 , (U Lr)ti N r II Y ._ >� 2 m cai 0 4 z % O Z d' K W IL 00 (U tj (U � J 20,sy.(Nb N u; m J N J m J ti J M M ��v d I- o d o M (') O7 (U O ODW z z U Z a a a a a �t10 ti N (M It U7 ()j J Z U U U U U J J OW= 1-0 t IS � OIL N01°31'410E 3J '1SN03 I- 8 A3ANnS ZD = I U o � O � z °- Lw + ,OE J 0E o J I S46014' 22" W ~ N45° 16' 45" W o 0 ^ I M VN°2T 44"�M S03° 53' 41" W N ® Cl) U I M J (r ® p PRC z PRC a 0 v S21° 08' 45" E W 00, m "to W I 0D �O N23° 26' 54" E o O CO o OD NO ~ o M I NO o M O O O RJ f— I o J ,0£ I ,0E 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 (1) r[ �J On 0 A)hP.r before me, L 1 YY12 PV1 Z- © roo o (insert name and title of the officer) personally appeared V-0 hP r I n ei D i e l IA/ i I D_ f who proved to me on the basis of satisfactory evidence to be the personw whose name, ff) is/fflW6 subscribed to the within instrument and acknowledged to me that he/0j4/they executed the same in his/W/th,air authorized capacity(i*, and that by his/)ter/their signature ay on the instrument the person, or the entity upon behalf of which the personkgracted, 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 (Seal) L. JIMENEZ-CORONA Commission # 2032136 Notary Public - California s Los Anpalaa County Exalres Jul 2 2017 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Grant Deed dated October 04, 2016 from Robert Daniel Walker, an unmarried man, 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 01, 1998, in compliance with California Government Code Section 27281, and the grantee consents to recordation thereof by its duly authorized officer. or the City of Santa Ana: lb 1316 I Dated City Manage CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. 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 CountryV'�-ofUfa ) On hbey- �J�I'�O�lt before me,'()5A A, T jbVCS. Ar,66 hA6)Ic Date Here Insert Name and Title of the Otficer personally appeared I)Mt G` CAVA1r05 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s') whose name(a) isfare subscribed to the within instrument and acknowledged to me that hef51heA44ey executed the same in his/hentheir authorized capacityW,, and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)'acted, executed the instrument. ROSA A. FLORES r'='o Commission S 2057129 Notary Public . California i s Orange County 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 CJ4- a . Ainw 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 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LSf✓G�'L'v�.:�Gl✓.GLd.'ti?vi�.✓.VS'JS�✓"eISC✓.'L✓.S'✓iV.'e�ti4'v 'tom«,<L.:'u:\.:� ✓ �✓:V:<�:�Y.V S\✓4�✓.:' BOE.502,A(PI) REV. 12 (05.13) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by hamfOres {buyer) prior to a transfer ofsubjoct property. in accordance with Section 480.3 of the Revenue and Tantlon Code. A Preliminary Chnngo of Ownership Report most be filed with each conveyance in the County Racorder's office for lire county where the property is located. MAILING ADDRESS OF 20 Civic Center Plom, M-36 Santa Ana, CA 92701 STREET ADDRESS OR PHYSICAL LOCATION OFREAL RNERiV 1306 W. i nth &mot, Santa Ann, CA 92103 Ana, a This section contalus possible exclusions focal ESCROW NO.: 09180923.91E-OKO TITLE NO.: 08026526 004.111-18 SELLER/1RANSPEROR Robert Daniel Walker UY 8 YTIMET• P DN NUMBS 014RV1� �a� BUYEB EMAIL ADDRESS YES NO ❑ ® A. This lransfcr is solely between spouses(addtrfon or renravalofa spouse, dealh ofa spouse, divorce mulemens, arc.). ❑ 0 D. This transfer is solely between domestic partners ourrontly registered with the California Swromry of state (addition or romovalofo pariner. death ofa parsnen rennbmdan seGTemew,, ere.). ❑ IN C. This Is a transfer: ❑ between poront(e) and child(ron) ❑ from grandpamnl(s) to gmndchild(ren). ❑ ®f D, Tills transtbr is the rosull of a cotenonlb demla Data of death ❑ M + E, This transaction is to replace aprincipal residence by a parson 55 years of age or older. Within the some county? ❑YES ❑NO ❑ 111 r P. This transaction is to replace a principal reshowe by a person who is severely disabled as defused by Revenue and Taxatfen Code section 69.5, Within Cho same county? ❑YES 13NO - ,- ❑ Gd D. This transaction is only a correction ofthe nome(s) ofthe persons) holding flue to the property (e.g„ a name change upon marringe). If YES, please explain: ❑ 9 R. The recorded document orates, terminates, or roconveys a lendees interest In The property. ❑ 0 1. This transaction is recorded only as a requimmcot for Oncoming purposes or to create, form Endo, or reconvey a security Interest (e.g., cosigner). If YES, plasm explain; ❑ N J. The recorded document substitutes P trustee of a test, mortgage, or other similar document. K. This is a transfer of property: ❑ 50 I, m1from aroveenble trust that may W rcvokcd by the tmnsfcror and is for doe benefit of ❑ the Tronsfemr, and/or Q tltn tmnaforor'9 npopso M registered domestic partner. ❑ M 2. la/from a mist that may be revoked by the creator/grantor/tnlslor who le elm ajoint tenant, and which names the olharjointtemnt(s) as bene0eiar(es when the creator/gmntar/Uuslor dies. ❑ M 3, lo/from an Inmvoable trust for the benefit of the ❑ omatorlgmntor/austor and/or ❑ grahwr'sthustoOs spouse ❑ gmntorshrusto24 registered domestic partner. ❑ Rl L. This Property is subject to a lease with a remaining lease term of35 years or more including written options, ❑ M M. This Is a hnnsfer between parties In which proportional interests ofthe transferor(s) and Imnsferec(s) In each and every parent being transferred remain exactly the same after the transfer. ❑ M N This is a transfer subject to subsidized low- income housing requirements with governmentally imposed restrictions. ❑ M r O. This transfer is to the first purchaser of new building containing an derive, solar energy system. r Plcam refer to the Instructions for Port I. Please provide any other informntlon that will help file Assessor understood the nature of the Ira nsfor. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION EO&50a-A(Fi)REV. 12 (05-13) PART 2, OTHERT.RANSPGR INFORMATION Check and complete as applicable, A. Date of human, if other Omit recording date: B. Typo Of transfer: '® Purolino ❑ Foroolosure ❑ OiR ❑ Trade or exchango ❑ Merger, stack, or partnership acquisition (Form DOEADO-B) ❑ Connutofsale. Dateoreommct: ❑ Inhedtarm. Doteofdcath: ❑ Sale/leascbaok ❑ Creationofa lease ❑Aaslgnmentofaleaso ❑ Termination ofa lease. Date lease began: Original term in years (includingtMeren options):_ Remaining term In years (Including trdefen options): ❑ Other. Please explain• C. Only a paNal interest in Iho property vas tmnsforred. ❑ YES ONO If YES; Indicate the percentage transferred: PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Tomtpumhasoprice, $ 20,700r0o B. Caslt down payment or value of trade or exchange excluding closing costs Amount $ C. First deed uftrust©�% Interest for years. Monthly payment Amount Amount $. ❑ FHA (T_Discaunl Points) ❑ Cal -Vet ❑ VA (Discount Points) ❑ Fixed rate ❑ Variable into ❑ Bankithwings&Loan/Credit Union ❑ Loan carried by roller ❑ Bnlloonpayment$,Use date: D. Second deed oftnist Q °/ interest for_ yews, Monthly paymetu$ Amount $,.,,,,,,,-,,,,-,^ ❑ Fixed rate ❑ Variablerate ❑ Bank/Savings&Loan/Oredh Union ❑ Loancarricdbyseller ❑ Balloon payment $;. Due date: B. Wm an improvement Bond or other public financing assumed by the buyer? ❑YES ❑ NO Oustandingealanee$ F. Amovi ifany, orrial asudst commissionfeespoid by the buyer which ere not included lathe purchase price $ -_ O, The property was purchased: ❑ Through real estate broker. Broker name; Phone inimberll 1 _.... ❑ Dbnethom seller ❑ From a family member-Relmiomblp ❑ Other. pleoseexplabx N. please explain any spacial temts, seller concessions, broker/ogenl fees waived, Rnonoing, and any other information (e.g„ buyer assumed the existing lean balance) that would assisr the Assessor in the valuation ofyour property. PART 4, PROPERTY INFORMATION Check and complete as applicable, A. Type oeproperly Imnsferred 0 Singlo-fenlly rosidenec ❑ Co-op/Own-your-own ❑ Manufactured hone ❑Muitiplaacmitymsidonoc. Numborofunils:_„,,,,,,-•,-,,,,, ❑condominium ❑Unimproved lot ❑ Other. Description: (is„ timber, mineral, water rights, eta.) ❑ Timeshare ❑ Comnte clan ndushial B, 0 YES El NO Porsonubb iginass pmporly, or Incentives, provided by seller to buyer arm Included in the purchase price. Example of personal property era lumihoe, farm equipment, machinery, eta. Examples of Incentves are club memberships, etc. Attach list If available, If YES, enter the value If the personallbusiass proportyl $ C, ❑ YES ❑ NO A manufactured home Is included in the purchase price. If YES, enter the value attributed lathe manufuutured Name: $, ❑ YES ❑.NO The menulholured home is subject to local property tax. If NO, enter decal number. D. ❑ YES ❑ NO The property produces rental or other income. If YES, the income is from; ❑ Leese/rent ❑ Contrast ❑ Mineral rights ❑ Other: E. Tllevtoil AionXthoRrolxsly�tlhe�lme ofSato t Good WAvamgc ❑rair ❑Poor Afflyl CERTIFICATION I men VXd9kobahMY00f 11 0 form2a fl I •mason here an, in al vaing arty accampanying sfotoinenrs or acunreAto, is free and ccrre;I to the base of ray. knowled eand beli SIONA I PBUYE 'F- 1`1II-a8^2o1(a TO PP= DATA TaL HnNa (TI�4)64i-5b(v NAt,1a UP BUYaR/r r•EaaP/Lfi 4 a PNTATY CUNPUaATEUPPI It (P Asa l'lt M) 'rrLa 10�P A 0.eSe A56 lG' L Cl r` The Assessor's office may conmotyou for additional Information regarding This transaction, fl •a-o ►%.o • S 00 COmrtonwcalth Land` *Itle COMPa"I 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 TIi IS CITY OF SANPA ANA PER GOVERNMENT CODE SECITON 6+1943. 9oQ&10(6 211383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE * $ R 0 0 1 1 1 5 0 2 0 0 $ 2019000367053 2:49 PM 09124/19 48 401 E01 5 0.00 0.00 0.00 0.0012.00 0.00 0.000.000.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE "NCEI. APPROVED AS'f0 MPROVLD BY DESCRIP'r10N DESCRIPTION A. P, R/W MM PROJECT 'TAXES FORM F3Y A'f"1'Y, DB C"rDR WRI'MENBY CHECKEE-OX NUMBER 004-111-18 Nl1MRGR NUMEER 1306 W. I lth Street, Santa Ana, CA 92703 pp p�Up,pCµ TTk 00.00 TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Daniel Walker, an unmarried man Do 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, A temporary construction easement over that real property in the City of Santa Ana, County of Orange, State of California described on Exhibit 'A' and shown on Exhibit 'B', which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement Deed to be executed as of this day of , 2016. Dated: od C/ , 0 rJ J F Robert Daniel Walker I...Monweab Land - iWte Company 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 6+". 4nn n_4/-)T. 127392 SPACE ABOVE THIS LANE FOR RECORDER'S USE CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A.P. IM MAP PROTECT TAXES FOR IDYATTY. DB CTOR WRITTEN BY CHECKED-O.K. NUMBER 004-111-I8 NUMBER NUMBER 8 5'7 q 1306 W. 11Ih Sheet, Santa Ana, CA 92703 DEED NUMBER -/'Ja 0 6, DO TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Daniel Walker, an unmarried man Do 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, A temporary construction easement over that real property in the City of Santa Ana, County of Orange, State of California described on Exhibit 'A' and shown on Exhibit 'B', which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement Deed to be executed as of this day of 2016. ,/� Cam. 1! Dated: �ct [l , 2- <J I Ei By. %/C Robert Daniel Walker EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 004-111-18 BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 19 OF TRACT NO, 1290, PER MAP RECORDED IN BOOK 39, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE NORTHEASTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF ELEVENTH STREET AND BRISTOL STREET AS SOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF ELEVENTH STREET, NORTH 89031'12" WEST, 137.04 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE OF ELEVENTH STREET, NORTH 0028'48" EAST, 30.00 FEET TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID TRACT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 21008'45" EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE 15.51 FEET THROUGH A CENTRAL ANGLE OF 902 VI 8" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTFERLY, AND WESTERLY ALONG SAID CURVE 182.10 FEET TFIROUGH A CENTRAL ANGLE OF 242038'09" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 14.40 FEET THROUGH A CENTRAL ANGLE OF 8041' 13" TO THE NORTH LINE OF SAID LOT 19 OF SAID TRACT, THE SOUTHWESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE EASTERLY IN THE EAST LINE OF SAID LOT 19 AND WESTERLY IN THE WEST LINE OF SAID LOT 19. CONTAINING AN AREA OF 247 SQUARE FEET, MORE OR LESS. Page 1 of 2 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 28, 2015 ANTHONY C. CUOMO, PLS 6042 Page 2 of 2 U 0 0 0 0 0 0 0 O M M O `t— 0 LO m d- V I In II CL' O '-' M �J JOpn coIn N C O W 3 U) , It U) M N `� CO .ti iI N II N II '" ti CO II 2 O 20s z J N J m J II ;ti J M J M M yfNb cd ° o � � a' ° N d p 0� S��'0 Sj P M (') 00 (U O Z 00 Z d d d d N (`) <Y U) N U U U U U J J 1S ��1SI�Ig N01°31'41"E '1SN00— a A3Aans 0 = I u o Z d Li W ,06 _j OE 0 W I S46014' 22" W CS N45° 16' 45" W o � I ❑ 0 S0353' 41 "W I M N050 2T 44" W M � m L1 3 I N UO ti u OM I M J O' cr Cl) PRC Go r o v S21 ° 08' 45" E w w cc p� dO OD VO 0 0 a- Cc 0 CD NO I NO n o O o C O Z Z I- IJ ioc m PRC o U7 N23° 26' 54" E W z m 0 a 6p IL 0 I FK OF Op�0) WWa02 12 3Wjrc3 FUawu e IX>o f4 a-Uow a 3m m z 0 co a a U W 0 o J �W al- J FIZ roo IL =00 Wz as ao N F' I S o F. F YQo U) 0 0 I 0 N 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 Orri, ) /n�` On 0C-I)� LlI 2()1�0 beforeme, L/- \T1tipPJl e7,- CV!Vyle- (� (`inslert name and title of the officer) personally appeared Rube e P r� who proved to me on the basis of satisfactory evidence to be the persogWwhose named is/we- subscribed to the within instrument and acknowledged to me that he/s,Deffh *executed the same in his/h,mltbeff authorized capacity(ja<and that by his/ter beif signature(sfon the instrument the person(; or the entity upon behalf of which the personWacted, 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. w L. JIMENEZ-CORONA Commission # 2032135 WITNESS my hand and official seal. i Notary Public • California Loa AnWm County 7 n /1 Cow. Exalm Jul 2 201 Signature