HomeMy WebLinkAboutWILSON, WINIFRED L.THE CITY OF SANTA ANA, CALIFORNIA A-2001-126
AGREEMENT FOR ACQUISITION OF
REAL PROPERTY AND ESCROW INSTRUCTIONS
THIS AGREEMENT, entered into this _Jt� day of 2001, by and between the CITY OF
SANTA ANA, a charter city and municipal corpor on duly organized under the Constitution and laws
of the State of California (hereinafter referred to as the "City"), and Winifred L. Wilson, as Trustee of
the Winfred L. Wilson Trust dated November 7, 1989, and Peter James Albrecht, an unmarried man
(both hereinafter called "Seller"), regardless of number or gender;
WITNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and
City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real
property") described as follows:
All that certain real property located in the State of California, County of Orange, City of Santa Ana,
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of APN #001-303-01, 2502 North Bristol Street, Santa Ana, Ca
92706)
Said sale and purchase of said real property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed,
at the office of First American Title Insurance Company, 2 First American Way, Santa Ana,
CA, within thirty (30) days from and after the date on which the City has approved this
Agreement.
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, liens, leases, 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 above
provided. Seller further agrees that acceptance by City of any deed to said real property,
with or without knowledge of any condition, restrictions, reservation, exception, easement,
assessment, profit, limitation, encumbrance, lien, lease, 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
sixteen thousand, four hundred and fifty dollars ($16,450.00), 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, liens, teases,
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 First American Title Insurance
Company, 2 First American Way, Santa Ana, California 92707 (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.
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 "B"
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, reconveyance 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 11 and Exhibit "B", General
Escrow 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 4986
of the Revenue and Taxation Code of the State of California. 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.
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, fixtures & equipment
(improvements pertaining to the realty), and severance damages, the total sum of sixteen
thousand, four hundred and fifty dollars ($16,450.00). City agrees to deposit said purchase
price in escrow with the Escrow Agent within thirty (30) 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 real property to City;
c. Delivery to City of the policy of title insurance as hereinabove provided;
d. Recordation of the Deed conveying said real property to City.
7. Possession. It is agreed and confirmed by the parties hereto that notwithstanding other
provisions in this contract, the right of possession and use of the subject property by the
Buyer, including the right to remove and dispose of improvements, shall commence on
April 15, 2001 or on the date the Deed conveying said real property to City is recorded,
whichever occurs first, and that the amount shown in Paragraph 6 above includes, but is
not limited to, full payment for such possession and use, including damages, if any, from
said date.
Waivers. The waiver by City of any breach of any covenant or agreement herein
contained on the part of 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.
Heirs. Assigns, Etc. This Agreement, 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.
10. Time is of the Essence. In all matters and things hereunder to be done and in all
payments to be made, time is and shall be of the essence.
11. Rentals and Occupancy by Seller. (Not applicable).
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents,
permission to enter upon said real property at all reasonable times prior to close of escrow
for the purpose of making necessary inspections.
13. Just Compensation. Seller agrees that said purchase price is just compensation at fair
market value for said real property, together with any and all improvements, fixtures, signs
and/or portions of any of the foregoing, which are affixed to said real property.
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-22, and
P.O. BOX 1988, in the City of Santa Ana, 92701, County of Orange, State of California.
The mailing address of the Sellers) is:
2502 North Bristol Street
Santa Ana, Ca 92706-1814
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 Agreement 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 byphenyls, (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 substance"
pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined "hazardous
waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
U.S.C. S6901 et sea. (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 seg. (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 Environmental 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 Buyer 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, 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 liability, compensation for lost wages,
business income, profits or other economic loss, damage to the natural resources 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 Buyer herein. The execution of these documents and the
delivery of same to Escrow Agent constitutes said acceptance and approval.
21. Modification and Amendment. This agreement may not be modified or amended except
in writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legality or enforcement of this
Agreement shall have no effect, but all the remaining provisions of this Agreement shall
remain in full force.
23. Captions. Captions and headings in this Agreement, including the title of this Agreement,
are for convenience only and are not to be considered in construing this Agreement.
25. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
26. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the divisibility of executing this Agreement and the meaning
of the provisions hereof. The provisions of this Agreement 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.
27. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and
no other person or entity has or shall acquire any rights hereunder.
28 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 Agreement, without cost.
29. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties to this Agreement.
30. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature hereinbelow has the power, authority and right to bind their respective parties to
each of the terms of this Agreement, 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.
31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
32. On -Site Construction. The Buyer agrees to construct or cause to be constructed, as part of
the Bristol Street Widening Project, the modifications to the remaining portion of the Seller's
property at 2502 North Bristol Street, Santa Ana, California as described and shown in
Exhibit C. Seller hereby grants City, and its authorized agents, permission to enter upon
said remainder property at reasonable times to perform the above described modifications.
The parties have executed this Agreement as of the last date written below:
7J D.s��✓� �J V� J Date:
Date:
City of Santa Ana
a charter city and
duly org
and s eS
W
ATTEST:
municipal corporation
der the ConsMution
Mayor
Healy, Clerk of the Council
A V D A T ORM:
��^
Joseph W. Fletcher, City At orney
Approve as tc con rit
eCity N5Pn rer
Date:
Date:
Date: /G /
DESCRi?TluN
THAT PORTION OF LOT 1 OF THE MABURY TRACT IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP MARKED "REFEREE'S
EXHIBIT B" RECORDED IN BOOK 165, PAGE 301 OF DEEDS, RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
.I
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF PARCEL 1 AS
DESCRIBED IN A DEED TO DARREL D. WILSON AND WINIFRED L. WILSON BY GRANT
DEED RECORDED NOVEMBER 27, 1985, AS INSTRUMENT NUMBER 85-480830 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND A LINE PARALLEL WITH AND
DISTANT 40.00 FEET WESTERLY OF THE CENTERLINE OF BRISTOL STREET, AS
SHOWN ON A MAP OF TRACT 1608, RECORDED IN BOOK 48, PAGES 21, 22 AND 23
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; THENCE WEST 10.00
FEET ALONG SAID NORTH LINE TO A LINE PARALLEL WITH AND DISTANT 50.00 FEET
WESTERLY OF SAID CENTERLINE OF BRISTOL STREET; THENCE SOUTH 00 47' 40"
nnnnLl E LINE
TC Tt!E LI rI"+IT 11\IIT I/+ yr A TA�1(�C-SIT
YJLVI V. l 1 LL.1 11L.11V�1 Jf'll✓ 1�!"\IV'\ LLL LII\L 1 V YIIL ULVll �a1 Y�191i /-1 Illi'JVLI`1
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2350.00 FEET, SAID CURVE
BEING 50.00 FEET WESTERLY AND CONCENTRIC WITH THE PROPOSED
CENTERLINE OF BRISTOL STREET AS SHOWN ON SPECIFIC PLAN OF STREET
ALIGNMENT FILE NUMBER 1-74-21 APPROVED OCTOBER 15,1992, AS FILED IN THE
OFFICE OF CENTRAL FILES OF THE PUBLIC WORKS AGENCY OF THE CITY OF
SANTA ANA; THENCE SOUTHERLY 82.75 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 20 01' 03" TO THE SOUTHERLY LINE OF PARCEL 2 OF SAID
DEED TO DARREL D. WILSON AND WINIFRED L. WILSON; THENCE SOUTH 890 12' 20"
EAST 11.44 FEET ALONG SAID SOUTHERLY LINE TO FIRST SAID PARALLEL LINE;
THENCE NORTH 0047' 40" EAST 82.94 FEET ALONG FIRST SAID PARALLEL LINE TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 869 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT 2 ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED DER THE SUPERVISION OF:
2-71
LE2�J. MAR � / DATE
LS 5683 C/
No.5U3
9P 730703
EXHIBIT A
/2502 BRISTOL ST. IN
A.P. NO. 001-303-01 F
% A = 2'01'03'' I3
R = 2350.00'
11.44' 11L = 82.75'
S89012120"E T = 41.38'
2, P.O.B.
No PROPOSED R/W
0199 ACRES
82.94'
N0047'40"E
PROP. BRISTOL ST. CL
()= RECORD PER
D.R. 85-480830
0.07'
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\ CL BRISTOL ST. (1179.98' _
PER TRACT "1 608 BRISTOL STREET N0047' 40"E )
MM 18/21-23
EXHIBIT 2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SANTA ANA
PW A 1 2502 N. BRISTOL STREET
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EXHIBIT
EXHIBIT "B"
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 general escrow account or accounts. The expression
"close of escrow" means the date on which instruments referred to herein are filed for recordation. 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 prorations 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 you
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.
EXHIBIT C (1 OF 2)
PLANNEDIMPROVEMENTSFOR
2502 NORTH BRISTOL STREET
The following on -site improvements will be made at 2502 North Bristol Street as part of
the Bristol Street Widening project, contingent upon the recording of the grant deed for
the acquired portion of said property. The improvements will be made prior to December
31, 2002 and will include the following. See Exhibit C (2 of 2).
1. Removal of the existing brick/wood fence at the existing gated entrance.
2. Removal of existing wood fence in conflict with the new block wall.
3. Removal of the existing trash enclosure.
4. Construction of new block wall with brick veneer on both sides of the relocated
wrought iron gate.
5. Relocation and painting of existing sliding wrought iron gate.
6. Relocation and connection of existing sliding wrought iron gate alarm.
7. Construction of new concrete slabs.
8. Construction of a new two (2) foot wide drainage gutter to carry storm water
runoff off -site.
9. Construction of a new concrete driveway with brick pattern.
10. Construction of a new two (2) foot wide planter on south wall of house. The
planter shall have brick curbs.
11. Construction of a new two -and -one-half (2.5) foot wide planter on east wall of
house. The planter shall have brick curbs.
12. Installation of landscaping and irrigation within the new planters.
13. Installation of new sod grass and irrigation in remaining area along the Bristol
Street frontage.
Regarding the construction of the improvements at 2502 North Bristol Street, the Bristol
Street Widening project contract documents will include specifications that provide for
the following:
1. The improvements will be constructed within a continuous three-week time
period.
2. Emergency access will be provided at all times.
3. The construction phasing will allow continuous on -site parking on a portion of the
site.
4. The rear yard area of 2502 North Bristol Street will be separated by fencing from
Bristol Street during construction.
NEW BLOCK WALL
WITH BRICK VENEER afAA�mm
I
REMOVE FENCE
_ -- - - N. T. S.
— — EXISTING DRIVEWAY
PROTECT TREE„ TO REMAIN
NEW 6" THICK
CONCRETE
EXISTING
REMOVE TRASH, BUILDIN
ENCLOSURE I. REMOVE EXISTING TO REMAIN
` WALL/FENCE
RELOCATED NEW LANDSCAPING &
GATE IRRIGATION
PROTECT TR E M
EX TO IREMAINDRIVEWA.
RELOCAT TE
A
i o EW DRAINAGE I/
NEW 6" TH CK a UTTER
CONCRETE
4 NEW 6" THICK t
I a CONCRETE r(.
NEW SOD 8��
� IRRIGATION ! YOp
NEW 6" 'JIG ICK DRIVEWAY a PROTECT EXISTING
WITH BRI; K PATTERN. Q - WALL
I a
0
v v
NE% SIDEWALK.v �
a.Do� Do4 a.Do
REMOVE TREE NEW CURB &
GUTTER
EXISTING CURB &
P Y W PIT F^ GUTTER
(2 OF 2)
SANTA ANR
Pi t 2502 N. BRISTOL STREET
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