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75D - PH - ACQUISITION 1922 AND 2002 W 5TH ST
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75D - PH - ACQUISITION 1922 AND 2002 W 5TH ST
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Last modified
6/1/2017 5:19:06 PM
Creation date
6/1/2017 5:03:57 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
75D
Date
6/6/2017
Destruction Year
2022
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ORANGE COUNTY TRANSPORTATION AUTHORITY <br />RIGHT OF WAY CONTRACT <br />CONFIDENTIAL <br />This document contains personal <br />information, and pursuant to Civil Code <br />section 1798.21, it shall be kept confidential <br />in order to protect against unauthorized <br />disclosure. <br />8. It is understood and agreed by and between the parties hereto that included in the amount payable <br />under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the Property <br />in fee including the following improvements: All Structures identified within the appraisal report <br />completed by Integra Realty Resources — Los Angeles dated August 29, 2016 (excluding all <br />Improvements Pertaining to Realty as identified in the Appraisal Report of Improvements <br />Pertaining to the Realty by Hodges Lacey & Associates, LLC dated March 9, 2016). Grantor <br />agrees that he is not entitled to compensation for any other improvements located within the areas <br />of the Property Interests being purchased pursuant to this Agreement. <br />Grantor may elect to remove or relocate some or all of the improvements on the Property prior to <br />close of escrow; provided, however, that any improvements that have not been removed from the <br />Property by close of escrow (but for which just compensation has been paid or deposited by <br />OCTA) may be removed by OCTA, its agents, representatives, contractors, and/or assigns, and <br />disposed of in such manner as OCTA deems appropriate, without further notice or responsibility to <br />Grantor whatsoever. <br />9. It is agreed between the parties hereto that OCTA is not assuming responsibility for payment or <br />subsequent cancellation of unpaid assessments on the Property acquired under this transaction. <br />Said assessments include but are not limited to Schedule B, Part I, Items A - C of order number <br />08026700 -920 -CMM and Schedule B, Part 1, Items A — E of order number 08026701 -920 -CMM of <br />the Litigation Guarantees prepared by Commonwealth Land Title Insurance Company. Grantor <br />acknowledges he has received and reviewed the Litigation Guarantees. The assessments remain <br />the obligation of Grantor. Payment for the Property Interests acquired under this transaction is <br />made upon the basis that the Grantor retains his obligation to the levying body respecting said <br />assessments. <br />10. Any notice either party may or is required to give the other shall be in writing, and shall be either <br />personally delivered or sent by registered or certified mail, return receipt requested. If by mail, <br />service shall be deemed to have been received by such party at the time the notice is delivered to <br />the following addresses: <br />To Grantor: <br />Rudy Valdivia or c/o Federico Valdivia <br />P.O. Box 3067 P.O. Box 202 <br />Tustin, CA 92781 Santa Ana, Ca 92702-0202 <br />To OCTA: <br />550 South Main Street <br />Orange, CA 92863-1584 <br />Attn: Real Property Department <br />11. It is understood and agreed by and between the parties hereto that this Agreement inures to the <br />benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, <br />and/or assignees. OCTA may freely assign any or all of its interests or rights under this Agreement. <br />12. Grantor represents and warrants that during the period of Grantor's ownership of the Property, <br />there have been no disposals, releases or threatened releases of hazardous substances or <br />hazardous wastes on, from, or under the Property, other than the contamination described in a <br />75D-35 <br />
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