HomeMy WebLinkAboutANDRES III, EUGEN CHARLES AND ANDRES, ANN AVERY (3)A-2019-086
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
AUG 1 b 2019
PURCHASE AND SALE AGREEMENT
tl,,y Property APN: Portion of 002-020-37 immediately adjacent to APN No. 002-050-05 (latter
commonly known as 2467 N. Riverside Drive, Santa Ana, California)
THIS PURCHASE AND SALE AGREEMENT ("Agreement") dated, for reference
purposes only, as of May 21, 2019, is made and entered into by and between the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the state of California ("Seller"), and Eugen Charles Andres III and Ann Avery Andres,
Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto (`Buyer"), with
reference to the following.
RECITALS
A. Seller owns that certain land bearing APN No. 002-020-37, commonly known as
2501 N. Flower Street, Santa Ana, California, as more specifically described on Exhibit A
("Seller's Property").
B. Buyer owns that certain land bearing APN No. 002-050-05, commonly known as
2467 N. Riverside Drive, Santa Ana, California, as more specifically described on Exhibit B
("Buyer's Property").
C. In contemplation of a lot line adjustment by Buyer, Seller wishes to sell, and
Buyer wishes to purchase, that portion of Seller's Property that lies immediately adjacent to
Buyer's Property, as more specifically described in the form of grant deed appearing as Exhibit
C ("Conveyed Property").
D. Situated between the Conveyed Property and the drainage course known as
Santiago Creek, is a retaining wall which will remain within the Seller's Property.
E. The parties desire by this Agreement to provide the terms and conditions for the
purchase and sale of the Conveyed Property.
AGREEMENT
The parties therefore agree as follows:
1. Agreement to Sell and to Purchase. Subject to the terms and conditions of this
Agreement, Seller agrees to sell and convey, and Buyer agrees to purchase, the Conveyed
Property.
2. Purchase Price. In full and complete payment for a fee interest in the Conveyed
Property, Buyer shall pay to Seller the sum of Four Thousand Dollars and No Cents ($4,000.00)
no later than thirty (30) days following full execution of this Agreement.
3. Grant Deed. Upon payment of the purchase price, Seller agrees to convey the
Conveyed Property to Buyer by grant deed, a copy of which is attached as Exhibit C and is
Page 1 of
incorporated herein by reference. Effective at recordation of such deed, Seller hereby grants
Buyer physical and legal possession of the Conveyed Property,
4. Easement in Favor of Seller. Seller will reserve within the grant deed a
perpetual easement and right-of-way within a portion of the Conveyed Property to access,
inspect, maintain, and replace, if necessary, the retaining wall situated north of the Conveyed
Property as appearing on Exhibit C as the "Rock Wall," City shall have no obligation to repair
or replace any improvements within the easement area that either currently exist or may
thereafter be constructed.
S. Transfer Costs. Seller shall pay the cost of all documentary transfer fees and
recording fees, as may be applicable, and all other costs and expenses incurred related to the sale
of the Conveyed Property to Buyer.
6. As -Is Condition of Conveyed Property. Buyer acknowledges that Buyer is
purchasing the Conveyed Property with fall knowledge of its condition and that no
representations or warranties of any kind whatsoever, express or implied, have been made by
Seller. Buyer further agrees to purchase the Conveyed Property in "AS -IS" condition with any
and all faults.
7. No Warranties. Buyer acknowledges and agrees that except for the express
representations, warranties and covenants of Seller set forth in this Agreement, Seller has not
made, does not make, and specifically disclaims any and all representations, warranties,
promises, covenants, agreements, or guaranties of any kind or character whatsoever, whether
express or implied, oral or written, past, present, or future, of, as to, concerning or with respect to
the Conveyed Property, including, but not limited to: (a) the nature, quality, or condition of the
Conveyed Property; (b) any income to be derived from the Conveyed Property; (c) the suitability
of the Conveyed Property for any and all activities and uses which Buyer may conduct thereon;
(d) the compliance of or by the Conveyed Property or its operation with any laws, rules,
ordinances or regulations of any applicable governmental authority or body, including, but not
limited to, any state or federal environmental law, rule or regulation; (e) the habitability,
merchantability, or fitness of the Conveyed Property for a particular purpose; or (f) any other
matter with respect to the Conveyed Property, Notwithstanding anything herein to the contrary,
Seller is conveying the Conveyed Property to Buyer "as is, where is", and with all faults and
specifically and expressly without any warranties, representations, or guarantees, either express
or implied, of any kind, nature, or type whatsoever from or on behalf of the Seller, except for the
representations, warranties and covenants of Seller set forth in this agreement.
8. Taxes. Seller, as a government agency, has not been subject to real property tax
assessment on the Conveyed Property. Transfer of title to Buyer by grant deed will subject the
Conveyed Property to an assessment from the Orange County Office of the Assessor and shall be
the sole obligation of the Buyer henceforth.
9. Assignment. Buyer and Seller agree that this Agreement shall be binding upon
their respective heirs, executors, administrators, successors or assigns.
Page 2 of 4
10. Notices. Any notice either party may or is required to give the other shall be in
writing, and shall be either personally delivered or sent by registered or certified United States
mail, return receipt requested. If by mail, service shall be deemed to have been received by such
party at the time notice is delivered to the address below. Either party may designate by written
notice to the other party another address for notice.
To Seller:
City of Santa Ana
20 Civic Center Plaza
P,O} Box 1988
Santa Ana, CA 92702
Attn: Clerk of the Council
11. Miscellaneous Provisions.
To Buyer:
Eugen Charles Andres III and Ann Avery
Andres, 'Trustees of the Andres 1986
Laving Trust and Successor Trustees
Thereto
2467 N. Riverside Drive
Santa Ana, CA 92706
U.I. Waiver. The waiver of any provision of this Agreement shall be invalid unless
evidenced by a writing signed by the party to be charged therewith. The waiver of, or failure to
enforce, any provision of this Agreement shall not be a waiver of any further breach of such
provision or of any other provision hereof. The waiver by cither or both parties of the time for
performing an act shall not be a waiver of the time for performing any other act or acts required
hereunder.
11.2. Modifications. No change or addition to this Agreement or any part hereof shall
be valid unless in writing and signed by each of the parties_
11.3. Governing Law. This Agreement shall be governed by California law, Venue
for any dispute arising from or relating to this Agreement shall be the state and federal courts
located in Orange County, California.
11.4. headings. The headings in this Agreement are for convenience only and shall
not be used to interpret this Agreement.
11.5. Further Acts. Each party agrees to take such further action and to execute and
deliver such further documents as may be necessary to carry out the purposes of this Agreement.
11.6. No Attorney's Fees, I'f either party incurs attorney's fees to enforce this
Agreement or because of a breach of this ,agreement by the other party, the prevailing party shall
not be entitled to recover attorneys' fees from the other party.
11.7. Time, Time is of the essence with respect to this Agreement.
11.8. Complete Agreement. This Agreement constitutes the entire agreement between
the parties hereto with respect to the subject matter herein. There are no representations,
agreements, arrangements, or understandings, verbal or written, between the parties hereto,
relating to the subject matter herein, that are not fully expressed herein.
Page 3 of
11.9. Authority to Execute Agreement. Each individual executing this Agreement on
behalf of an entity represents and warrants that he or she has been authorized to do so by the
entity on whose behalf he or she executes this Agreement and that said entity will thereby be
obligated to perform the terms of this Agreement.
11.10. Counterparts. This Agreement may be executed in counterparts, including by
facsimile or electronic mail, each of which so executed counterpart shall, irrespective of the date
of its execution and delivery, be deemed an original, and all such counterparts shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
CITY OF SANTA ANA
I�rrst��ge =�
City Manager
ATTEST
Daisy Gomez
Clerk of the Council
Eugen Charles Andres III, Trustee of the Andres 1986 Livine Trust
Avery Andres,
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Assistant City Attorney
the Andres 1986 Living Trust
Page 4 of 4
PURCHASE AND SALE AGREEMENT
EXHIBIT A
SELLER'S PROPERTY
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as follows:
ALL THAT PORTION OF LOT 26 LYING EAST OF THE EAST LINE OF LOTS 4 AND 9, AND THAT
PORTION OF SAID LOTS 4 AND 26 LYING NORTH OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF SAID LOT 26, 417 FEET SOUTH 1° 02-Y2' WEST
OF THE SOUTHWEST CORNER OF SAID LOT 9, AND RUNNING THENCE NORTH 56° 32-%' EAST
174.5 FEET; THENCE NORTH 63' 32-Y2' EAST 288.4 FEET; AND THENCE NORTH 820 27-Yz' EAST
263.30 FEET; MORE OF LESS, TO THE EAST LINE OF SAID LOT 4; ALL IN THE "POTTS, BORDEN AND
SIDWELL TRACT", AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANIOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, EXCEPTING THEREFROM ANY PORTION OF
SAID LAND LYING WITHIN THOSE PORTIONS AS CONVEYED TO THE STATE OF CALIFORNIA,
EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN THOSE PORTIONS AS
CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEEDS RECORDED JUNE 10, 1992 AS
INSTRUMENT NO. 1992-391904 OF OFFICIAL RECORDS AND RECORDED MAY 22, 2002 AS
INSTRUMENT NO.2002-432665 OF OFFICIAL RECORDS,
APN: 002-020-37
PURCHASE AND SALE AGREEMENT
BUYER'S PROPERTY
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as follows:
LOTS 6, 7 AND 8 OF TRACT NO. 754, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22, PAGE 37 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN:002-050-05
When recorded, please mail this
Instrument 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 6103.
PURCHASE AND SALE AGREEMENT
EXHIBIT C
GRANT DEED
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Cancel
Approved AS TO
Approved By
Description
Description
I A.P. Number
R(W Map Number
Project
Texas
Form BY Ally.
Director
Wntlen BY
Checked.O.K.
Number
T.D.R.
A.C.
002-020-37
NW 57
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California
Deed No. 8644
Does Hereby Grant to Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living
Trust and Successor Trustees Thereto, the real property in the City of Santa Ana, County of Orange, State of
California, described as follows:
That portion of Parcel 1 of Lot Line Adjustment No. 2017-02, recorded as Instrument
No. in the Official Records of Orange County, said portion
described in Exhibit "A" attached hereto and by this reference made a part hereof,
reserving an easement over said portion to the CITY OF SANTA ANA for retaining
wall and other purposes as described in said Exhibit "A". City shall have no
obligation to repair or replace any improvements within the retaining wall easement
area that either currently exist or may thereafter be constructed.
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.
lonwi.A
STATE OF CALIFORNIA
COUNTY OF
On
personally appeared
For: The CITY OF SANTA ANA
} By: Kristine Ridge
}SS. City Manager, City of Santa Ana
}
before me,
By: Daisy Gomez
Clerk of the Council
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or entity upon which the person(s) 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.
(This area for official notarial seal)
PURCHASE AND SALE AGREEMENT
EXHIBIT C
GRANT DEED
EXHIBIT ATO GRANT DEED
LOCAL DESCRIPTION TO ACCOMPANY GRANT DEED FOR PORTION OIL
PARCEL I OF LOT LINE ADJUSTMENT NO, 2017-02 FROM TIIE CITY OF SANTA
ANA TO EUGEN CLIARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF
THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO
IN THE CITY OP SANTA ANA, COUNTY OP ORANGE, STATE OF" CALIFORNIA, BEING; A
PORTION OF THE LAND DESCRIBED IN TI f E GRANT DEED RECORDED DECEM BER 3, 1909
IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS:
BEGINNING AT TTIE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 6412'02"
LAST 1.29 FEET ALONG THE NORTHERLY LINK OF LOT 9 OF SAID TRACT NO. 754; THENCE
NORTH 9016'50" WEST 10,43 FEET; THENCE SOUTH 7615'50" WEST 27,7R FL?IiT; THENCE
SOUTH 77052'34" WEST20,54 FEET; THENCE SOUTH 75°56'05" WEST 25.15 FEET; TIIENCE.
SOUTH 73034'48" WEST 23.47 FEET; ITIENCE SOU11i 69°44'44" WEST 24.27 FEl T; THENCE
SOUTH 67°52'46' WEST 22,39 FEET; THENCE SOLITH 66039'32" WEST 22,75 FRET; THENCE
SOUTH 65037'56" 5,79 FEET" TO TTIE PROLONGATION OF 'THE WEST LINE OF SAID 1,01'6;
THENCE SOUTH 26035'33" BAST 33,56 FEET ALONG SAID PROLONGATION TO THE
NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64032'02" EAST 165.70 FEET ALONG THE
NORTHERLY LINE OF SAID LOTS 6, 7. AND S TOTHE IE POINT OF BEGINNING.
CONTAININO 4,2R3 SQUARE FEET, MORE OR LESS.
RESERVING A TEN (10,00) FOOT WLDE EASPNIEN`F ALONG ITIL NORTHERLY LINE OF SAID
LAND TO THE CITY OF SANTA ANA FOR RETAINING WALL, ACCESS, MAINTENANCE AND
IMPROVEMENT PURPOSES, EXCEPTING THEREFROM THE LOCATIONS OF EXISTING
STRUCTURE'S AS SHOWN ON EXIIIBIT "C" OF LOT LINT%ADJUSTMENT' NO. 2017-02.
SHE EXI I1B1'I"'B" ATTACHED HERETO AND NIADE A PART HRREOF FOR THE L.INUTS OF
THE ABOVE DESCRIBED LAND AND EASIaNIFN-I' RF,SLRVA7'10N.
SE EXHIBIT"C" A`I"PACHLD HERETO AND MADE A PART 1TLREOF FOR SAID L.OT LINE
ADJUSTMENT NO.201'7-02.
THIS LEGAL DESCRIPTION IS NOTINTENDED FOR USE IN THE CONVEYANCE OF LAND IN
VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
T IIS 1)F.S('RIP'TION WAS PREPARED BY NI
OR UNDER MY DIRECT SUPERVISION.
�_ _.__
.5RT-,VOR D. RICE, PLS 8R62
S ION ED: I 1 / 15/ 17
D. WKooiley "@ Associates. Inc., 2832 Wnlunt Avenue, Suite A.1 tistin, CaliForma 92780
David E. Wpollcy, Prolcssinnal Lind 5uncyor 7304
Tliic document is marked preliminary unle s , fined' PAGE 2 OF 5
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PURCHASE A�,D SALE AGREEMENT
��A/�fT�~
^,`..,u'/ .~
GRANT DEED
EXHIBIT 'B"TO GRANT DEED
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,
AREA = 26,986 SQUARE FEET
0,619 ACRES
dl
E JFIET
in
12,
J�_:;�� C2
RIVERSIDE DRIVE
THIS EXHIBIT WAS PREPARED
BY ME OR UNDER MY DIRECT
SUPERVISION.
-.�m��
W»�vVRn.R|CE,Pl.S.88G2
SEE SHEET 2
OF EXH|0T "B^
/
~L8
-POINT OFBEGINNING
1-1
N63"21`28"[
49.88'
1-2~
MG321'2O"E
J3,54'
LJ -
N04^32.02.E
90,82`
Lf
N6432.02"E
62.65'
L5 ~
M64'32'02"E
03.03'
L0 -
N8432`02''E
1�29'
L7 -
N0916^50"YY
10\43'
L8 `
N761550"E
2770'
L3 -
N7752']1"[
20,54'
LID -
N75'56'05"r
2515^
i11 -
N73`34'48"[
23,17^
L12 -
N69^44'44-"E
24.27'
L13-
N67^52'40"E
22�89'
LJ4 -
N0539'32"[
2Z75'
L15~
N60^37'56"[
5,78'
L18--
N26`35`33"YY
30,56'
- PORTION OF LAND DE5CR(BE0
^�~^ IN GRANl DEED RECORDED
VEC[M8ER J. 1909 IN BOOR
168 OF DEEDS. PAGE 191
CONVEYED FROM THE CITY
OF 5ANTA &NA TO EU0EN
CMARLES ANDRE% |U AND
ANw AVERY ANDRES'
TRUSTEES OF THE xNoR[5
1988 LIVING TRUST AND
SUCCESSORS TRUSTEES
PAGE 3OFS
PURCHASE AND SALE AGREEMENT
EXHIBIT C
GRANT DEED
EXHIBIT "B" TO GRANT DEED
PLAT
NOTE:
ATTACHED HERETO AND MADE A PART OF EXHIBIT
A.
THE DATA SHOWN HEREON IS N07'THE RESULT OF
A BOUNDARY SURVEY, BUT IS RECORD DATA PER
RECORD OF SURVEY 89--1033, R.S.B. 125/16-22
LAND AREA:
PARCEL 1;
26,986 SQUARE FEET
0.619 ACRES
PARCEL 2:
177,592 SQUARE FEET
4.077 ACRES
LEGEND:
SCALE: 1 "=10'
.wm�vft
ttv'C���t, Gv11R�L�[ta '�
Mj
- N64'32'02"E 165.70' _
i L5 p
POINT OF
BEGINNING �
p _
p el.ri l(:=5�`1l' It�JC�)n LI i�-.ti1 N i
d � 6DETAIL
PROPOSED PARCEL 1
EXISTING LOT LINE TO BE ADJUSTED
EXISTING LOT LINE
------ EASEMENT LINE
CENTERLINE
`~A - AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT
FOR POLE LINES, CONDUITS AND INCIDENTAL.
PURPOSES IN THE DOCUMENT RECORDED 6/07/1926
IN BOOK 655 PAGE 173, OF DEEDS.
COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS IN THE DOCUMENT RECORDED IN BOOK
459, PAGE 491 OF OFFICIAL RECORDS.
- 10.00' EASEMENT FOR RETAINING WALL, ACCESS,
MAINTENANCE AND IMPROVEMENT PURPOSES
RESERVED TO THE CITY OF SANTA ANA
EXCEPTING THEREFROM THE LOCATIONS OF
EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF
THIS LOT LINE ADJUSTMENT. SAID EASEMENT
WILL BE RECORDED BY SEPARATE DOCUMENT
AFTER THE FILING OF "'PHIS LOT LINE ADJUSTMENT,
SCALE.: '1=10'
RADIAL DATA:
RAD. It N26'38'25"W
RAD. 2: N25'35'2.3"W
RAD, 3: N20'33'47"W
CURVE DATA:
Cl: R=570.00' C3:
A=6'04'38"
L=60.46'
R=570.00'
A=1'03,01"
Lr=10.45'
C2: R=570.00' C4: R=I7138.80'
A=5'01'37" A=-00'32'12"
L=50.01' L==80.27'
PAGE 4 OF 5
PURCHASE AND SALE AGREEMENT
PlannIng and Building Agency EXHIBIT C
Planning Division GRANT DEED
20 Civic Center plaza
P.O. Box 10811 (M,20)
Santa Ana, CA 92702
(7 14 ) 647-5804
www'santi-armolp LOT LINE ADJUSTMENT
LOT LINE ADJUSTMENT NO, 2017-02
(SITF. PLAN)
ATrACIHEO HERETO TO EXHISIT"A" FOR RrPrRrNr.P (W V
OWNERS
EXISTING PARCELS
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBER
EUGFN CHARLES ANDRES III AND
ANN AVERY ANDRES, TRUSTEES OF
THE ANDRES 1986LIVING TRUSTAND
002-050-05 AND
SUCCESSOR TRUSTEES THERETO
PORTION OF 002-020-37
THE CITY OF SANTA ANA,
A MUNICIPAL CORPORATION
PORTION OF 002-020-37
2
�� r 00M —6—mFie
N �LLS LY FACE ZLLH—GH
).5' WILY OF P.L,) ROCK WALL. CHAIN LINK FENCE NOTE:
(S'LY FAC- 0.5' ATOP WALL SEE SHEET 2 OF
T
CONCRETE 'LY OF 1.) PORTION OF APN EXHIBIT "C" FOR GUTTER C 002-020-- 37 EASEMENT NOTE AND
SLOPE
,0 LEGEND
u57' HIGH
GRAVEL`—^� C ROCK WALL
(S'LY FACE 0.5'
WLY OF Pl.)
SWIMMING
0
STORY �1' 4C
u L CLEAR' OF
IL
835 DINc B�L
0_33'CLEAI7 OF
TENNIS — %
COURT
�---PLANTER'
AREA
2 STORIES BUILDING V/7 ' ' *�
7�.
2,456 s(l). Fr, (GROUND)A-
I
V M`w�@Tf V100. 711
T
EXHIBIT "C" TOGRANT DEED
, 'c � Q5
12.205"
1—
SCALE: 1"=30'
PAGE 5 OF 5