HomeMy WebLinkAboutMARTINEZ, ARMANDO A. & EDITHA^2018-265
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Pt1RCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
"C 2018 AND BILATERAL ESCROW INSTRUCTIONS
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THIS �OV ,
AGREEMENT (hereinafter "PSA"), entered into on 2018,
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, Armando A. Martinez and
Edith Martinez, husband and wife as joint tenants (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-V — Legal Description
and EXHIBIT "B" and "BA" — Plat Map
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 310 East Warner Avenue, Santa Ana CA)
(APN 016-034-26)
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 "B-1" 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 Six Thousand Eight Hundred and no/100 Dollars ($6,800.00)
insuring the title of the City to said real property is free and clear of any and all conditions, restrictions,
reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or
non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in
title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by
City of any such policy of insurance, whether such insurance complies with the requirements of this
paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of
Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to
City by reason of the failure of Seller to convey title or to provide title insurance as required in this
Agreement.
4. Escrow. City agrees to open an escrow at the office of 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 Six
Thousand Eight Hundred and no/100 Dollars ($6,800.00). 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.
11 Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation
at fair market value for said real property and includes payment for fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages.
13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
successors and assigns, hereby acknowledges that this Agreement provides full payment for the
acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
claim for compensation for injury to the remainder ("severance damages"); precondemnation
damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of
any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the
realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any
right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion
of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil
Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure
section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of
Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon
Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263,025; and
attorney's fees and costs. It being understood that this is a complete and full settlement of all
acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection
with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow.
B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority.
Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully
releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all
other persons and associations, known or unknown, from all claims and causes of action by reason of
any damage which has been sustained by Seller, or may be sustained by Seller, as a result of
Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any
preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to
indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct
improvements on the Property.
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 310 East Warner Avenue, Santa Ana, CA 92707.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of
their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were
raised or could have been raised in connection with the acquisition of Said Real Property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit
the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term
"Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any
local governmental authority, the State of California, or the United States Government, including, but not
limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous
waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section
25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
(ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and
Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division
20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated
as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined
as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
U.S.C. S6901 et 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 et seq. (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
construction contract items at the time of the installation of the proposed project:
NONE
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: Armando A. Martinez and Edith Martinez, husband and wife as joint tenants
Date: Q� ---/ 41..- 2018
rmando A. Martinez
Date: L /Z/ _ 2018
Edith Martinez
City/Buyer
City of Santa Ana
Date: (2' � S7 , 2018
Raul Godinez II
City Manager
Attest:
Date: :i-- -e , 2018
Maria D. Huizar
City Clerk
Approved as to Form:
Date: 8—IS- 2018
J M. Funk
A sistant City Attorney
DIED FOR APPROVAL:
Date: � q/ , 2018
Fuad S. SweiPE, PLS
Executive Dir for
Public Works Agency
EXHIBIT "A" (PART TAKE FEE)
LEGAL DESRIPTION
E3' IT W
LEGAL DESCRIPTION
FOR
RIGHTOF WAY PURPOSES
1117T
ASSESSOIR.'S PARCEL No. 416-04-26
A TRIANGULAR PARCEL, IN THE. CrTY OF SANTAANA, COUNTY OF ORANGE,
STATE OF CALIFORNLAL,BEMAP,ARCELOF LAND, S:ITUAT T6dRMN LOT 37 OF
TFuu`aCT o. 1575,ASsHolAW ON THE MAP TMD INBOOK 56, 'AGES 36 r&.3 J, OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID PARCEL LYING
NORTHEASTERLY OF THE FOLLOWI' G DESCam D LINR
BEGI IN!NG AT A, POINT IN THE NORTH LINE OF;SAID LOT 37, SAM POINT LYING
DISTANT THEREON NORTH 88030'W"NEST, 9.41FROM THE NORTHEAST CORNER
OF SAID LOT :37,
THENCE, IN A DMECT LINE, SOUTH 43m30 49" E.AST,13.30 FEET TO A POINT IN THE
EAST LINE OF SAID LOT 37, SAID POINT LYING DISTANT THEREON SOUTH I'W3V
WEST, 9.40 FEET FROM THE NOIRTtIEA.ST CORNER OF `LAITY LOT 37;
CONTAINING ANAREA OF APPROXHdAMY 44 SQUARE FEET, MORE OR LESS„
SUBJECT TO COVENANTS, C0NDTTION°S", RESEIRVAT IONS, RESTTJOTIONS, RIGHTS
OF WAY, AND EASEMENTS OF RECORD, IF ANY;
ALL. AS SHOWN ON EXHIETF `B-, SKETCH TO ACV0141PANS` ]LEGAL DESCITJPT I ON,
ATTAK-SEEFF HERETO AND BY THIS REFERENCE MADE A DART HEREOF_
ANTHONYO. CUOMO
P-I-S. 6042
DATE: 2017-12-2W
EXHIBIT "B" (PART TAKE FEE)
PLAT MAP
EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT)
LEGAL DESCRIPTION
E MIT `A'
LEGAL DESCRIPTION
FOR
TEMPORARY CON STRU,C"TION EtASElvf -NT PURPOSES
'1TTTHL
ASSESSOR'S PARCEL N T o. 016 034-2'6
PARCEL ft
A 4.00 FOOT WIDE STRIP OF LAND, IN THE CITY OF SA NTA ANA, COUNTY OF
GRANGE, STATE. OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WTHEN
LOT 37 OF TRACT Na 1575, A5 SHOWN ON TEE MAP FILET) IN BOOK 56. PAGES 36
37, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID STRIP LYING,
NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINT?:
BEGT .WING AT A POINT IN THE NORTH LINE OF SAID LOT 37, SAID POINT EYING,
DISTANT THEREON NORTH'SS°3010" WEST, 1107 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 37;
THENCE, IN A DIRECT LINE, SOUTH 43"30' 44' EAST, 21.30 FEET TO APOINT IN THE
EAST LINE OF 3.�M LOT 37, SAID POINT LYING DISTANT THEREON SOUTH 1°30 a 3"
W ST.15.06 FEET FROM THE NORTHEAST CORNER OF SAID LOT 37;
THE: NORTHEASTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE INTHE HE NORTH AND EAST LINES OF SAID LOT 37;
CONTAINING ANAREA OFAPPRO+IATELYII3SQUAREFEET,MOREOR:LESS;
SUBJECT TO COVENANTS, GIANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, AND EASEMEN'TSS OF RECORD, IF ANY,
ALL AS SHOWN ON EXHIBIT `B`, SKETCH TO ACCOMPANY LEGAL DESCRIPTION,
ATTACHED ]HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PARCEL 1:
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
A PARCEL OF LAND, SITUATE WITHIN LOT 37 OF'TRACT No. 157% AS SHOWN ON
THE INIAP FILED IN BOOK 56, PAGES 36 & 37, OF MISCELLANEOUS MAPS, RECORDS
OF SAID COUNTY, SAID PARCEL TIEING A 5k0 FOOT 'NI TOE STRIP, LYING
SOUTHERLY OF THE FOLLOWING TIESCRIBEDLINE:
CON IENCING AT THE INTERSECTION OF THE CENTERLINE OF VTARNER A'4'E TM,
(FORMERLYIIELHI ROAD), WITH THE CEN' g ]NE OF OPLkNGE STREET, SAID
INTERSECTION BEING SHOWN ON THE MAP OF SAID TRALTN4. 1575;
THENCE, ALONG SAID CENTERLINE OF WARNER AVENUE, SOUTH 89.30-IF EAST,
171.39 FEET;
nffiNCE, PERPENDICULAR To SAtD CENTERLINE OF hi)d RNER AVENUE, ALONG A
COURSE HEREjmAFU-R REFERRED TO AS COURSE 'A', SOUTH 1*29'504MST, 40,00
FEET TO A POINT ON A LINE WHICH IS PARALLEL VITH AND 40,00 FEET
SOUTHERLY FROM SAID CENTERLINE OF WARNER AVENUE, S IDLINEEBEING
THE. NORTH LINE OF SAID LOT 37, SAID POINT .ALSO BEING Ti IE POINT OF
33EGLNN]NG„
THENCE, ALONG SAID NORTH LINE, NORTH Sri 4 IV %6TST,:3 €I18 FEET 70 THE
NORTHWEST CORNER OF SAID LOT 37;
THE SIDELINES OF SAID 5.40 FOOT WIDE STRIP AI E TO BE LENGTHENED OR
SHORTENED SO AS TO TERMINATE EASTERLY IN THE SOLITHER .Y
pRoLoNGAnO,N OF SAID COURSE `A', AND 11JESTERL3 IN THE WEST LINE OF
SAID LOT 37;
CONTAEIU NG AIR AREA OF APPROXMiATFLY 151 SQUARE FEET, MORE OR LESS;
SUBJECT TO COVENANTS, CONDITIONS, RESERVA'31ONS, RE;STRICTTONS,RIGE3T5
OF WAY, AND EASEMENTS OF RECORD, IF ANY;
ALL ASSHOWN ONEz °B%SKETCH ToACCOMPANY LEGAL DESCRIPTION,
ATTACHED HERETO AND BY TITS REFERENCE MADE A PART HEREOF.
ANTHONY C. CUOM0
P_L S. 6C142
DATE: 201.7-12-10
EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT)
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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.
RECORDING REQUESTED B` -.
When Recorded Mail Document
and TaZ Statement TO:
Escrow No,.
Title .Order No. 0 61 A Oy' I S
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
179.00
$ R 0 0 1 2 9 3 9 7 3 2$
2021000415346 2:29 Pm 06/24121
48 RW12A SIS P03 4
0.00 0.00 0.00 0.00 9.00 0.00 0.000.00160.00 6.00
SUY3'ST1TUT10N OF`TRUSTEE :AND DEED OF PAi2"Y1.&L RECONVICiYANCE
Theundersigged;USBank National Association Beaeficiaryinand.ttn4ettheprovisionTofthatcertain
Deed of Trust executed by Armando A. Martinez and Edith Martinez , TrUsmrS to u S Bank Trust Cornpny National Association as
Trustee for US Bank National Association Beneficiary, dated October 12 2016 and
recorded November 10
t`l 2_Q16 in ,the Office a£'the Recorder of_Oralig@
County, State of jnlifornia Instrument Num`ber2016000569393 of Official Records, do, in
accordanceg with the provisions of said Deed of Trust, hereby, give notice of the substitution and appointment of
in place and instead of
as the Trustee above named, and do hecehy vest in said: Substituted
Trustee, all the rights, title, estate, power, duty'and Trusts conferred by said Deed of Trust upon the Tfusteathere n
named.
And whereas US Bank National Association as said Substituted. Trustee has received from the
Beneficiary thereunder., -said .Deed -of 'Trust and the note or notes secured thereby for endorsement and a written.
requestsm partially reconvey.
NOW therefore, US Bank National Association as'Substituted Trustee in accordance with said request
and theprovisions of said Deed of Trustdoeiherehypartially tecdhvey,,'
withoutwarranty,tothe person orpersons
legally entitled thereto, all of the estate'and interest derive'dto the said Trustee tinder said Deed of Trust in and to
that portion of the lauds described in said Deed of Trust, as follows:
See Exhibit f A' attachedhereto for.'the full legal description securing said Decd o£Trust-
-See Exhibit "B attached hereto for the legal description of portion o f'land reconyeyod-
The remdning property described in said Deed of Trust,:not heretoforereconveyed by Trustee shall. continue to
he held by the Trustee under the terms thereof.. As provided in said deed of Tritst, this.Partial Reconvoyance is
made without affecting the personal liability of any person.for payment of the indebtedness secured by said.
Deed of Trust.
DATED: February 19, 2021
SEE NOTARY ACKNOWLEDGEMENT ATI`ACIWD
PRESENT BENEF101ARY AND
SUBSTI-TUTED TRUSTEE,
us Bank
�y;
Name, Aril F Bus i
Its! Officer
RECORDING, REQUESTED BY:
When Recorded Mail Document
and Talc Statement To:
�S U(1\-
Escrow No.������
Title Order No. 00IAby'�YR
SUBSTITUTION OF TRUSTEE AND DEED OF PARTIAL RECONVEYANCE
The undersigned, US Bank National Association Beneficiary in and under the provisions of that certain
Deed of Trust executed by Armando A. Martinez and Edith Martinez TA1stOrS to U s Bank TrL51 eomoanv National Association as
Trustee for US Bank National Association Beneficiary, dated October 12, 2016 and
recorded Ncivember 10 2016 in the Office of the Recorder of Orange
County, State of California Instrument Number 2016000569393 of Official Records, do, in
accordance with the provisions of said Deed of Trust, hereby give notice of the substitution and appointment of
in place and instead of
as the Trustee above named, and do hereby vest in said Substituted
Trustee, all the rights, title, estate, power, duty and Trusts conferred by said Deed of Trust upon the Trustee therein
named.
And whereas US Bank National Association as said Substituted Trustee has received from the
Beneficiary thereunder, said Deed of Trust and the note or notes secured thereby for endorsement and a written
request to partially reconvey.
Now therefore, US Bank National Association as Substituted Trustee in accordance with said request
and the provisions of said Deed of Trust does hereby partially reconvey, without warranty, to the person or persons
legally entitled thereto, all of the estate and interest derived to the said Trustee under said Deed of Trust in and to
that portion of the lands described in said Deed of Trust, as follows:
-See Exhibit "A" attached hereto for the full legal description securing said Deed of Trust-
-See Exhibit `B" attached hereto for the legal description of portion of land reconveyed-
The remaining property described in said Deed of Trust, not heretofore reconveyed by Trustee, shall continue to
be held by the Trustee under the terms thereof. As provided in said Deed of Trust, this Partial Reconveyance is
made without affecting the personal liability of any person for payment of the indebtedness secured by said
Deed of Trust.
DATED: February 19, 2021
PRESENT BENEFICIARY AND
SUBSTITUTED TRUSTEE:
US Bank
By:
Name: April F gus
Its: Officer
SEE NOTARY ACKNOWLEDGEMENT ATTACHED
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 of validity of that
document.
State of OUUa Kentucky )
County of Daviess )
On February 19 2021 before me, Katelyn Anderson, a Notary Public in and for said State, personally
appeared, April Ferguson/ Officer who proved to me the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his their
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
=�+41c OA s OFFCWI SEAL
KATEIYNANDERSON
NOTARY PUBLIC-KENTUCKY
STATE-AT-W2GE
ti'•••'My Comm. EHpi2S 1112812024
SignaUue D # KYNPi7927
telyn Ande'rgbrr # 569134
Exp.11/28/2024
EXHIBIT `A'
LEGAL DESCRIPTION
FOR
RIGHT OF WAY PURPOSES
WITHIN
ASSESSOR'S PARCEL No. 016-034-26
A TRIANGULAR PARCEL, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN LOT 37 OF
TRACT No. 1575, AS SHOWN ON THE MAP FILED IN BOOK 56, PAGES 36 & 37, OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID PARCEL LYING
NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT 37, SAID POINT LYING
DISTANT THEREON NORTH 88030'10" WEST, 9.41 FROM THE NORTHEAST CORNER
OF SAID LOT 37;
THENCE, IN A DIRECT LINE, SOUTH 43°30'49" EAST, 13.30 FEET TO A POINT IN THE
EAST LINE OF SAID LOT 37, SAID POINT LYING DISTANT THEREON SOUTH 1°30'38"
WEST, 9.40 FEET FROM THE NORTHEAST CORNER OF SAID LOT 37;
CONTAINING AN AREA OF APPROXIMATELY 44 SQUARE FEET, MORE OR LESS;
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY, AND EASEMENTS OF RECORD, IF ANY;
ALL AS SHOWN ON EXHIBIT `B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION,
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
ANTHONY C. CUOMO
P.L.S. 6042
DATE: 2017-12-20
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