HomeMy WebLinkAboutMARSHALL-KELLEY, LLC (2)IP•1�aU
A-2019.001
JAN 31 2015
AGREEMENT
•���,�� OF PURCHASE AND SALE
ASSESSOR PARCEL NUMBERS: 004-113-19 and 004-113-34
THIS AGREEMENT of Purchase and Sale ("Agreement"), dated
AJQL� " , 2018, is entered into by and between the CITY OF SANTA ANA, a
California charter city and municipal corporation ("Seller") and Marshall -Kelley, LLC, a
California limited liability company ("Buyer") for the acquisition by Buyer of certain real
property described below.
A. Seller owns certain real property commonly known as Orange County
Assessor Parcel Nos. (APN) 004-113-19, and 004-113-34, located at 1301 and 1305
West Twelfth Street, in the City of Santa Ana, County of Orange, State of California.
Buyer desires to purchase a fee interest in such real property owned by Seller as more
particularly described and depicted in Exhibits "A-1" and "A-2", attached hereto and
made part hereof ("Property"), and Seiler desires to sell the Property.
B. A copy of the Grant Deeds for APN Nos. 004-113-19, and 004-113-34,
filed with the County of Orange as Document Nos. 2016000282070 and
2017000086484, are attached hereto as Exhibit "B-1" and "B-2" and incorporated herein
by this reference.
C. The subject Property was acquired by Seller in 2016 and 2017 as part of
the Bristol Street Improvement Project. These parcels are vacant and are not needed
for public use or improvements.
D. The parties desire by this Agreement to provide the terms and conditions
for the purchase and sale of the Property.
AGREEMENT
The parties therefore agree as follows:
PURCHASE
Buyer agrees to buy, and Seller agrees to sell and convey, the Property for the
purchase price and upon the terms and conditions hereinafter set forth.
ESCROW
Upon execution of this Agreement by all parties, the parties shall open an escrow
("Escrow") with Commonwealth Land Title Company ("Escrow Holder"), whose
address is 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660, for the
purpose of consummating the purchase and sale of the Property, as described herein.
The date on which Escrow is opened with Escrow Holder shall be referred to as the
"Effective Date." The parties shall execute and deliver to Escrow Holder such escrow
instructions prepared by Escrow Holder, as may be required to consummate the
transaction contemplated by this Agreement. If there is any inconsistency between
5207.01 -PSA -1 11218R
such instructions and this Agreement, this Agreement shall control unless the parties
expressly agree in writing otherwise. The Escrow instructions shall include the following
terms and conditions of sale:
2.1 Purchase Price
The total purchase price for the Property shall be the sum of Two Hundred
Thirty Three Thousand Four Hundred Dollars ($233,400.00) ("Purchase Price").
(a) Escrow Deposit. Within three (3) business days following
the Effective Date, Buyer will remit into escrow a deposit of Ten Thousand Dollars
($10,000.00) ("Escrow Deposit"). Such Escrow Deposit shall be fully refundable until
the expiration of the Due Diligence Period and as otherwise set forth herein. Such
Escrow Deposit shall be credited towards the Purchase Price paid to Seller as provided
in this Agreement.
(b) Closing Payment. The Purchase Price, as adjusted by the
application of the Escrow Deposit and by the proration and credits specified herein,
shall be paid by Buyer to Seller in cash at the Close of Escrow (the amount to be paid
under this Section 2.1(b) being herein called the "Closing Payment").
(c) Independent Consideration. Escrow Holder shall pay a
portion of the Escrow Deposit in the amount of One Hundred Dollars ($100.00)
("Independent Consideration") to Seller upon the earlier to occur of the Close of
Escrow (as defined below) or the termination of this Agreement for any reason. The
Independent Consideration constitutes bargained -for consideration for this Agreement
and Buyer's rights under Section 2.6(d) and is expressly acknowledged to be adequate.
The obligation of Buyer to pay the Independent Consideration to Escrow Holder, and
the obligation of Escrow Holder to pay the same to Seller, are unconditional and shall
survive any termination of this Agreement.
2.2 Close of Escrow
If Buyer does not exercise its right to terminate this Agreement under
Section 2.6(d) prior to the expiration of the Due Diligence Period (as defined below),
then Escrow shall close ("Close of Escrow") within thirty (30) days following the
expiration of the Due Diligence Period or as soon as possible thereafter.
2.3 Condition of Title to Property
Seller shall cause the conveyance of title to the Property to Buyer as
evidenced by an CLIA Owner's Policy of Title Insurance covering the Property and any
easements appurtenant thereto ("Title Policy") issued by Commonwealth Land Title
Company ("Title Company") in an amount equal to the Purchase Price. During the Due
Diligence Period, Buyer shall have the right to obtain and examine a CLIA title
commitment (the "Title Commitment") binding the Title Company to issue the Title
Policy to Buyer.
2.4 Escrow and Closing Costs
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5207.01 -PSA -111218R
Buyer shall pay the cost of the Title Policy, the Escrow Fees and all
documentary transfer fees and recording fees, as may be applicable, and all other costs
and expenses incurred related to the purchase of the Property by Buyer (collectively,
"Closing Costs"). Seller shall pay all other costs and expenses incurred by Seller
related to the sale of the Property.
2.5 Deposit of Funds and Documents
(a) Prior to Close of Escrow, Buyer shall deposit into Escrow
(i) the Escrow Deposit, (ii) all escrow and Closing Costs as described above; (iii) the
Closing Payment; and (iv) such other documentation as is necessary to close Escrow;
provided, however, that Buyer shall not be required to deposit the Closing Payment until
Buyer has been notified by Escrow Holder that (i) Seller has delivered to Escrow Holder
each of the documents and instruments to be delivered by Seller in connection with the
sale of the Property, (ii) Title Company is irrevocably and unconditionally committed to
issue and deliver the Title Policy, and (iii) the only impediment to Close of Escrow is
delivery of such amount by or on behalf of Buyer.
(b) Prior to the Close of Escrow, Seller shall deposit into Escrow
(i) the properly executed grant deed for conveyance of the Property to Buyer; and
(ii) such other documents and sums, if any, as are necessary to close Escrow in
conformance herewith.
2.6 Buyer's Conditions Precedent to Close of Escrow
The obligation of Buyer to purchase the Property as contemplated by this
Agreement and the Close of Escrow is subject to satisfaction of each of the following
conditions:
(a) All representations and warranties of Seller set forth in this
Agreement shall be true and correct as of the date of the Close of Escrow.
(b) Seller shall timely perform all obligations required by the
terms of this Agreement to be performed by it.
(c) The irrevocable and unconditional written agreement of Title
Company to record the grant deed at the Close of Escrow and to issue to Buyer the
Title Policy, effective as of the date and time the deed is recorded.
(d) Buyer shall have fifteen (15) calendar days from the opening
of escrow ("Due Diligence Period"), within which to perform and complete all of Buyer's
due diligence examinations, reviews and inspections of all matters pertaining to the
Property, including all leases and service contracts, all physical, environmental and
compliance matters and conditions respecting the Property, and satisfy its
contingencies ("Due Diligence Investigations"). During the term of this Agreement,
Seller shall provide Buyer with reasonable access to the Property, as further set forth
below. Within five (5) days following the Effective Date, Seller shall deliver to Buyer true
and complete copies of any environmental reports, title documents, encumbrances,
service contracts, leases, rental agreements, and any other agreements, documents, or
5207.01 -PSA -111218R
information pertaining to the Property to the extent in Seller's possession or reasonably
obtainable by Seller. Seller will make every effort to provide all pertinent documents,
but Seller's inability or failure to provide any document shall not be considered a
violation subject to termination of the Agreement. At any time on or before the last day
of the Due Diligence Period, Buyer may, in its absolute and sole discretion, for any
reason or no reason, give written notice ("Termination Notice") to Seller electing to
terminate this Agreement, whereupon a condition to Buyer's obligation to close shall not
be satisfied, the Escrow Deposit (less the Independent Consideration) shall be
immediately returned by the Escrow Holder to Buyer, and this Agreement, and the
obligations of the parties hereunder, shall terminate (other than those obligations that
expressly survive a termination of this Agreement). If Buyer fails to deliver the
Termination Notice to Seller prior to the expiration of the Due Diligence Period, then
Buyer shall have no further right to terminate this Agreement and have the Escrow
Deposit (less the Independent Consideration) returned to Buyer except as otherwise set
forth herein.
(e) No material adverse physical change to the Property,
including those caused by condemnation and/or casualty, shall have occurred
subsequent to the Effective Date and on or prior to the Close of Escrow.
(f) Seller agrees at Seller's sole cost to remove and relocate the
power pole located on the Property, as depicted as "Existing SCE Power Pole" on the
"Power Pole Exhibit" attached as Exhibit "C" hereto (the "Power Pole"), to the location
designated as "approximate location of pole, 2' from property line" on Exhibit "C" hereto,
promptly after Close of Escrow. Such obligation shall survive the Close of Escrow. The
parties each acknowledge and agree that the Power Pole Exhibit indicates that the
Power Pole will be relocated to an area on or adjacent to a planned trash enclosure
which is located in the area depicted with diagonal lines on the Power Pole Exhibit, and
that as a result thereof such trash enclosure area shall be required to be relocated to
another location on the Property which shall designated by Buyer and approved by
Seller prior to Close of Escrow, which approval shall not be unreasonably withheld,
conditioned or delayed. The parties shall cooperate in good faith in finalizing the
relocation of such trash enclosure area.
2.7 Seller Conditions Precedent to Close of Escrow
For the benefit of Seller, the Close of Escrow shall be conditioned upon
the timely performance by Buyer of all obligations required by the terms of this
Agreement.
2.8 License to Enter Property During Due Diligence Period
Seller licenses the Buyer and its contractors to enter the Property for the
purpose of undertaking the Due Diligence Investigations as the Buyer deems necessary
and appropriate. The license given in this Section 2.8 shall only be effective until the
earlier of: (i) the Close of Escrow, (ii) the termination of this Agreement, or (iii) the date
of any Termination Notice provided hereunder. The Buyer shall conduct all Due
Diligence Investigations during the Due Diligence Period at its sole cost and expense.
The Buyer shall abide by any reasonable condition(s) of entry onto the Property
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5207.01 -PSA -111218R
required by Seller, whether or not set forth in this Agreement. Any Due Diligence
Investigations by the Buyer shall not unreasonably disrupt any then -existing use or
occupancy of the Property.
(a) Limitations. The Buyer shall not conduct any intrusive or
destructive testing of any portion of the Property, other than low volume soil samples,
without Seller's prior written consent. Following the conduct of any Due Diligence
Investigations on the Property, the Buyer shall restore the Property to substantially its
condition prior to the conduct of such Due Diligence Investigations.
(b) Indemnity. Buyer agrees to indemnify, defend and hold the
Seller, and its officers, employees and agents, harmless from and against all actual
damages, judgments, costs, expenses and fees arising from or related to any act or
omission of Buyer in performing its Due Diligence Investigations under this Agreement
(excluding discovery of any pre-existing conditions at the Property), except to the extent
arising out of the negligence or willful misconduct of Seller, its officers, employees or
agents.
(c) Insurance. Prior to any entry upon the Property by or on
behalf of Buyer, Buyer (at Buyer's sole cost and expense) shall provide Seller with a
certificate of Buyer's liability insurance policy designating Seller as an additional
insured. The foregoing certificate shall evidence that Buyer has obtained a policy or
policies of comprehensive general liability and property damage insurance against loss,
damage or liability for injury to or death of any person, or loss or damage to property
occurring in or about the Property. Such insurance shall include comprehensive
general liability coverage for bodily injury and property damage in the amount of at least
$1,000,000.00 combined single limit, and shall include automobile liability coverage for
bodily injury and property damage in the amount of at least $1,000,000.00 combined
single limit. The foregoing policy or policies shall contain a provision that such policy or
policies will not be cancelled, reduced in coverage, renewed or otherwise amended in
any manner until at least thirty (30) days prior written notice has been given to Seller.
Buyer shall see that insurance coverage as provided in this paragraph is maintained
throughout the duration of Buyer's right of entry onto the Property.
3. REPRESENTATIONS AND WARRANTIES OF PARTIES
3.1 Representation and Warranties of Seller
Seller makes the following representations and warranties with respect to
the Property, each of which shall survive Close of Escrow:
(a) The execution and delivery of this Agreement by Seller,
Seller's performance hereunder, and the consummation of the transaction contemplated
hereby will not constitute a violation of any order or decree or result in the breach of any
contract or agreement to which Seller is at present a party or by which Seller is bound;
and
(b) To Seller's actual knowledge, no litigation and no
governmental, administrative or regulatory act or proceeding regarding the
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5207.01 -PSA -111218R
environmental, health and safety aspects of the Property is pending, proposed or
threatened; and
(c) Seller will not enter into any agreements or undertake any
new obligations prior to Close of Escrow which will in any way burden, encumber or
otherwise affect the Property without the prior written consent of the Buyer; and
(d) Seller, as a government agency, has not been subject to real
property tax assessment on the property. Transfer of title to Buyer at the Close of
Escrow will subject the Property to an assessment from the Orange County Office of the
Assessor and shall be the obligation of the Buyer henceforth; and
(e) Seller is aware of its obligation under California Health and
Safety Code Section 25359.7 to disclose any knowledge which they may have
regarding any release of Hazardous Substances (as defined by applicable federal, state
and local statutes, rules and regulations) upon or under the Property. Seller warrants
and represents to Buyer that Seller is not aware that any such Hazardous Substances
have been generated, stored or disposed of upon or under the Property.
3.2 Representations and Warranties of Buyer
Buyer makes the following representations and warranties with respect to
the Property, each of which shall survive Close of Escrow.
(a) Buyer hereby represents and guarantees that it will complete
construction and development of the Property for a parking lot at 1220 N Bristol Street
substantially in accordance with the development plan approved by Seller's Planning
Division Seller under Master I.D. 2018-142774, attached hereto as Exhibit "D" (the
"Development") within six (6) months following the later of (a) the Closing Date, or (b)
the relocation of the Power Pole per Section 2.6(f), or (c) issuance of the building permit
by the City's Planning Department for the Development (the "Development Period").
The Development Period shall be tolled by any delays directly attributable to the actions
or inactions of the Seller, by any natural causes outside the control of either party
("Force Majeure"), or by mutual agreement of the parties. Seller shall cooperate in
good faith with Buyer in facilitating the completion of the Development, including without
limitation promptly issuing any and all required City inspections, permits and approvals
requested by Buyer in connection therewith. If Buyer does not complete the
Development prior to the expiration of the Development Period, as the same may be
extended in accordance herewith, the Seller shall have the option to repurchase the
Property from Buyer by delivering written notice to Buyer of its election to repurchase
the property (the "Repurchase Notice") within thirty (30) days after the expiration of the
Development Period, time being of the essence. In the event Seller timely delivers such
Repurchase Notice, title to the Property shall be transferred back to the Seller by grant
deed on or before the date which is thirty (30) days after Buyer's receipt of such
Repurchase Notice, including any and all improvements to the Property completed by
Buyer, subject to and in exchange for payment by the Seller to Buyer of eighty percent
(80%) of the Purchase Price, to be paid on or before the date of such transfer.
Notwithstanding the foregoing, Buyer shall have the right to nullify such right to
repurchase by completing the Development within thirty (30) days after receipt of
5207.01 -PSA -111218R
Seller's written notice of exercising its repurchase option. The rights and obligations of
Buyer and Seller set forth in this Section shall survive the Close of Escrow.
(b) The execution and delivery of the Agreement by Buyer,
Buyer's performance hereunder, and the consummation of the transaction contemplated
hereby will not constitute a violation of any order or decree or result in the breach of any
contract or agreement to which Buyer is at present a party or by which Buyer is bound;
and
(c) No other action by Buyer is requisite to the valid and binding
execution, delivery and performance of this Agreement, except as otherwise expressly
set forth herein.
4. ACKNOWLEDGEMENT OF FULL BENEFITS
By execution of this Agreement, Seller 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 damages, interest, loss of goodwill,
severance damages, or any other compensation or benefits other than as already
expressly provided for in this Agreement, 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.
5. REMEDIES
If Seller defaults under this Agreement, then Buyer may, without prejudice to any
otherwise available remedies at law or in equity or as set forth in this Agreement, either:
(i) terminate this Agreement by written notice to Seller, whereupon the Escrow Deposit
(less the Independent Consideration) shall be immediately returned by the Escrow
Holder to Buyer, and this Agreement and the obligations of the parties hereunder shall
terminate (other than those obligations that expressly survive a termination of this
Agreement); or (ii) bring an action for specific performance of this Agreement. If Buyer
defaults under this Agreement, and such default is not cured within thirty (30) days
following the date of Seller's written notice of default to Buyer, then Seller may, as
Seller's sole and exclusive remedy under this Agreement by reason of such default,
terminate this Agreement by written notice to Buyer, whereupon the obligations of the
parties hereunder shall terminate (other than those obligations that expressly survive a
termination of this Agreement) and the Escrow Deposit shall be delivered to Seller as
full compensation and liquidated damages under and in connection with this Agreement,
and in such event, Buyer shall not be liable to Seller for monetary damages except for
full payment of the amount of the Escrow Deposit due at the time of termination and
forfeiture of said Escrow Deposit to the Seller.
Seller
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5207.01 -PSA -111218R
uyer's Initis rs
6. RIGHT OF POSSESSION
Seller hereby grants Buyer and its representatives, agents, consultants and
contractors, physical and legal possession of the Property effective as of the Close of
Escrow.
AS IS CONDITION
Buyer shall rely solely and exclusively upon the results of its Due Diligence
Investigations of the Property with regard to any physical condition or state of the
Property. By completing the purchase of the Property following its Due Diligence
Investigations, Buyer evidences its unconditional acceptance of the condition of the
Property. Buyer acknowledges and agrees that, subject to Seller's representations,
warranties, covenants and obligations set forth in this Agreement, including without
limitation the relocation of the Power Pole, Buyer is purchasing the Property on an "AS-
IS," "WHERE -IS" basis. Buyer is not offering to purchase the property based on any
representation by Seller or Seller's agent except those expressly set forth in
Section 3.1. Buyer hereby acknowledges that the purchase of the Property is without
warranties of any kind from Seller, expressed or implied, except as expressly set forth in
Section 3.1, as to the condition of the Property or its improvements, if any, including,
without implied limitation, soils, access to the Property or to utilities, appliances,
structure utility systems, roof, foundation, landscaping or any other component of the
Property. Seller does not warrant that the Property conforms with any ordinances,
including, without implied limitation, zoning or building ordinances.
8. MISCELLANEOUS
8.1 Notice
Any notice to be given or other document or documents to be delivered to
either party by the other hereunder may be delivered (a) in person, (b) by overnight
courier, (c) by facsimile or as a PDF or similar attachment to an email (provided that
such facsimile or email attachment shall be followed within one (1) business day by
delivery of such notice pursuant to clause (a), (b) or (d)), or (d) by United States Mail in
the State of California, duly registered or certified, with postage prepaid, and addressed
as follows:
Seller: City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Fuad S. Sweiss, PE, PLS
Executive Director, PWA
Facsimile: (714) 647-5662
E-mail: FSweiss@santa-ana.org
Buyer: Marshall -Kelley, LLC
Linda Kelley and Richard Marshall
219 S. Hart Place
5207.01 -PSA -11121 SR
Fullerton, California 92831
Any notice or other document sent by personal delivery, overnight courier
or registered or certified mail as aforesaid shall be considered to have been effectively
served or delivered on the day of actual delivery (whether accepted or refused) as
evidenced by printed confirmation if by facsimile or email (provided that if any notice or
other communication to be delivered by facsimile or email attachment as provided
above cannot be transmitted because of a problem affecting the receiving party's
facsimile machine or computer, the deadline for receiving such notice or other
communication shall be extended through the next business day), as shown by the
addressee's return receipt if by certified mail, and as confirmed by the courier service if
by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local
time where received) or on a non -business day, then such notice or communication so
made shall be deemed effective on the first business day after the day of actual
delivery.
8.2 Time of Essence
Time is of the essence with respect to each and every provision hereof.
8.3 Assignment
Neither this Agreement, nor any interest herein, nor any post -closing
obligations of either party, shall be assignable by any party without prior written consent
of the other, non -assigning party hereto, except as otherwise expressly set forth herein.
For Seller, the Executive Director of Public Works Agency shall have the authority to
review and approve or deny any request for assignment. Notwithstanding the
foregoing, Buyer shall have the right to assign this Agreement including any rights or
obligations set forth herein to (a) an entity that is wholly owned or controlled by Buyer,
Linda Kelly, and/or Richard Marshall, provided Buyer shall give Seller at least five (5)
days prior written notice of such assignment to Seller, and Buyer shall not be released
from its obligations as a result of such assignment, and/or (b) to a subsequent
purchaser of the Property after Close of Escrow, provided such purchaser assumes any
outstanding post closing obligations of Buyer in a signed writing delivered to Seller.
8.4 Governing Law
All questions with respect to this Agreement, and rights and liabilities of
the parties hereto, shall be governed by the laws of the State of California. Venue shall
be in the County of Orange.
8.5 Inurement
Subject to the restrictions against assignment as herein contained, this
Agreement shall inure to the benefit of and shall be binding upon, the assigns,
successors in interest, personal representatives, estates, heirs and legatees of each of
the parties hereto.
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5207.01 -PSA -111218R
8.6 Attornev's Fees
In the event of any controversy, claim or dispute between the parties
hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing
party shall be entitled to recover from the other party reasonable expenses, attorney
fees and costs.
8.7 Entire Agreement
The Agreement contains the entire Agreement of the parties hereto, and
supersedes any prior written or oral agreements between them concerning the subject
matter contained herein. There are no representations, agreements, arrangements, or
understandings, oral or written, between the parties hereto, relating to the subject
matter contained in this Agreement which are not fully expressed herein.
8.8 Additional Documents
All parties hereto agree to execute any and all additional documents and
instruments necessary to carry out the terms of this Agreement, subject to the
reasonable approvals of the party or parties executing the same.
8.9 No Merger
All warranties, representations, acknowledgements, releases, covenants
and obligations contained in this Agreement shall survive delivery and recordation of the
grant deed.
8.10 Authority to Execute Agreement
The persons executing this Agreement and the instruments referenced
herein on behalf of Buyer and Seller hereby represent and warrant that such persons
have the right, power and authority to bind Buyer and Seller, respectively.
8.11 Counterparts
This Agreement may be signed in counterpart or duplicate copies, and any
signed counterpart or duplicate copy shall be equivalent to a signed original for all
purposes.
[SIGNATURES ON NEXT PAGE]
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5207.01•PSA-111218R
SIGNATURE PAGE TO AGREEMENT
OF PURCHASE AND SALE
ASSESSOR PARCEL NUMBERS: 004-113-19 and 004-113-34
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
SELLER:
CITY OF SANTA ANA, a California charter city and
municipal corporation
A
Steven A. Mendoza
Acting City Manager
ATTEST:
By: �
Norma Mitre
Acting Clerk of the Council
APPROVED AS TO FORM:
Fu d S. Sw ss, PE, PLS
Executive D ector
Public Work Agency By:
J M. Funk
A sistant City Attorney
BUYER:
Marshall -Kelley, LLC
a California Limited Liability Company
By:r�et� -G jaF2_
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5207.01 -PSA -111218R
EXHIBITS "A-1 & A-2"
LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT `A-1'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 004-113-19
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A
PORTION OF LOT 14 OF TRACT NO. 1256, PER MAP RECORDED IN BOOK 41, PAGE 48 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF TWELFTH STREET AND BRISTOL STREET
AS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF TWELFTH STREET, NORTH 89°31'48" WEST,
169.05 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 00028'12" EAST, 30.00 FEET,
TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID TWELFTH STREET, SAID
POINT ALSO BEING ON A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 95.10 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH 21014'42" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE, NORTHEASTERLY ALONG SAID NON -TANGENT CURVE 38.68 FEET
THROUGH A CENTRAL ANGLE OF 23018'09" TO A POINT OF REVERSE CURVATURE
WITH A CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 43.00
FEET;
THENCE, NORTHEASTERLY AND EASTERLY ALONG SAID REVERSE CURVE 34.78 FEET
THROUGH A CENTRAL ANGLE OF 46020'55" TO THE EAST LINE OF SAID LOT 14;
CONTAINING AN AREA OF 4871 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
SEPTEMBER 12"', 2016,��J �LANK
ANTHONY C. CUOMO, PLS 6042 4
Antlla y' Cuomo
No. 6t�42
�E oV-69
EXHIBIT `A-2'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 004-113-34
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
A PORTION OF LOT 15 OF TRACT NO, 1256, PER MAP RECORDED IN BOOK 41, PAGE
48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, LYING NORTHERLY AND WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF TWELFTH STREET AND BRISTOL
STREET AS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF TWELFTH STREET, NORTH 89°31'48" WEST,
169.05 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 00028'12" EAST, 30.00
FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID TWELFTH
STREET, SAID POINT ALSO BEING ON A NON -TANGENT CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 95.10 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH 21014'42" EAST;
THENCE, NORTHEASTERLY ALONG SAID NON -TANGENT CURVE 38.68 FEET
THROUGH A CENTRAL ANGLE OF 23018'09" TO A POINT OF REVERSE CURVATURE
WITH A CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 43.00
FEET;
THENCE, NORTHEASTERLY AND EASTERLY ALONG SAID REVERSE CURVE 34.78
FEET THROUGH A CENTRAL ANGLE OF 46020'55" TO A POINT ON THE WEST LINE
OF SAID LOT 15, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE, CONTINUING EASTERLY AND SOUTHEASTERLY ALONG LAST SAID
CURVE 38.95 FEET THROUGH A CENTRAL ANGLE OF 51054'21" TO A POINT OF
REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 5.00 FEET, THE NORTHEASTERLY TERMINUS OF SAID CURVE BEING A
POINT OF TANGENCY WITH A LINE, SAID LINE BEING PARALLEL WITH AND 64.00
FEET WEST OF SAID CENTERLINE OF BRISTOL STREET;
THENCE, SOUTHERLY, EASTERLY, AND NORTHERLY ALONG LAST SAID CURVE
12.42 FEET THROUGH A CENTRAL ANGLE OF 142016't2" TO SAID POINT OF
TANGENCY WITH SAID PARALLEL LINE;
THENCE, NORTH 1'3 1'41" EAST ALONG SAID PARALLEL LINE 74.43 FEET TO THE
NORTH LINE OF SAID LOT 15;
CONTAINING AN AREA OF 2909 SQUARE FEET, MORE OR LESS
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
SEPTEMBER 12T", 2016 el%140 7,1
ANTHONY C. CUOMO, PLS 6042 r
AnthonyCuomo
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EXHIBIT "B-1 & B- 2"
[attached behind this page]
12
ExMlgl'f
do 'w ttt ria d Tft Company
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
Kecoraea in urnclal Kecoras, urange county
Hugh Nguyen, Clerk -Recorder
II11111IIIIIIII1IIIIII111111111111111111111111111111111111$11111111111111 No FEE
*$ R 0 0 0 8 4 6 9 0 1 9$
2016000282070 4:06 pm 06121116
63 406 G02 F13 A04 7
0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00
Free recording requested by
THE CITY OF SANTA ANA PER ... SPACE ABOVE THIS UTNE FOR RECORDEWS USE
GOVERNMENT CODE SECTIONa 6
.S1 L Aq
CANCEL
APPROVED AS TO
APPROVEDBY
DESCRIPTION
DESCRIPTION
AP.
RMMAP
PROJECT
TAXES
FORM BY ATTY.
DIRECTOR
WRITTEN BY
I
CHECKED -O. K.
NUMBER 004413-19
NUMBER.
NUMBER
x
1365 W 12th Stresq Sazrta Ana, CA 92703
L
DEED,IU61BE1R
iW&.5j17
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Jose Sergio Bravo, a married man, as his sole and separate property, Marco Antonio Bravo,
a single man, Martin Silvestre Bravo, a single man, all as joint tenants
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 1305 W. 12th Street, Santa Ana, CA
92703 ,described as follows:
SEE EXHIBIT °A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF-
ttjy1f5 ounvtqC,ya A6 GA'UeMo 0j6V1rV1fAtP1Cv
Will",
Dated : 32171,16
Dated : 3 /_5 f! C
Dated: -3 // 3 /1,6
,6
T.,S, Sergio Brd4o
By:�ylit�( lJ� r. o
Martin Silvestre Bravo
I` 6t
Cx�Iv�a7✓ - ►3.2 -
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 A-2018- 57
-Kecoraeo In-urncial Kecoras, orange uowrry
Hugh Nguyen, Clerk -Recorder
VIII 111111 III VIII VIII VIII (IIII VIII VIII VIII VIII (IIII IIII III IIII
*$ R 0 0 0 9 0 9 8 7 7 8$*
20170000864841:08 pm 03101/17
217 405 G02 A04 6
0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00
Free recording requested by
THE CITY OF SANTA ANAPER SPACE ABOVE THIS LINE FOR RECORDER'S USE
GOVERNMENT CODE SECTION 6103.
NO FEE
CANCEL
APPROVEDASTO
APPROVED BY
DESCRIPTION
DESCRIPTION
A. P.
RNV MAP
PROSECT
TAXES
FORM BY ATTY.
I
DIRECTOR
WRITTENBY
CHECKED.O.K
004413-34
NIMMER
NUMBER
X
1301 West 12th Street, Santa Ana, CA 92703
G/7/T
p ED NUMB1gR
o aU5tlo
GRANTDEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Jose M. Marquez and Cecilia M. Marquez, husband and wife as joint tenants
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 1301 West 12th Street, Santa Ana,
CA 92703, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated : — i LA — By: ' n,
J99e M. Marquez
Dated : (d "- 1 ' By;
decilia M. Marquez
[EXHIBIT "C" Power Pole Location ]
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[ADD EXHIBIT D DEVELOPMENT PLAN Master ID 2018-142774]
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