HomeMy WebLinkAbout20B - AA FOR BRISTOL ESCROW ACCOUNTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 16, 2020
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT OF $91,047 TO
RE-ESTABLISH AN ESCROW ACCOUNT
FOR THE BRISTOL STREET
IMPROVEMENTS PROJECT
(NON -GENERAL FUND)
/s/ Kristine
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
1�1��►U1�1:3q;7
RECOMMENDED ACTION
Approve an appropriation adjustment to recognize $91,047 of escrow funds refunded to the City in
the Select Street Construction Fund, Miscellaneous Revenues account and appropriate the same
amount to the OCTA Bristol Street Corridor Improvements, Land expenditure account, to re-
establish an escrow account for redevelopment of portions of the parcels of land at 400 and 421
South Bristol Street.
DISCUSSION
Bristol Street is a major north -south transportation corridor, which is designated as a major arterial
in the City's Circulation Element of the General Plan. Improving the 3.9-mile Bristol Street segment
from Warner Avenue to Memory Lane is a high -priority project that will be constructed in several
phases. Over the years, property acquisitions have been needed to allow room for the widening
project.
In 2009, portions of the parcels at 400 and 421 South Bristol Street (Exhibit 1) were acquired as
part of the Bristol Street Widening Project from McFadden Avenue to Pine Street (Project 06-1500).
The owners at the time were interested in relocating on site and only entertained a partial
acquisition from the City. On January 5, 2009, the City Council approved the partial acquisition
and the properties were acquired through a Purchase and Sale Agreement (PSA) of the Real
Property (Exhibit 2). The parties also entered into an Acquisition Settlement Agreement (ASA) to
mitigate damage to the building and avoid displacement of the business (Exhibit 3).
Under the ASA, the property owner was required to redevelop the site and to meet certain
development milestones in order to receive installment payments amounting to $695,000. The
property owner was unable to meet these obligations and the parcel was subsequently sold.
The ASA will now be assigned to the new owner, who is entitled to receive the remaining funds to
develop the property. Public Works Agency and City Attorney's Office staff have been monitoring
20B-1
Appropriation Adjustment to Re -Establish Escrow Account for 400 and 421 S Bristol Street
June 16, 2020
Page 2
both the ASA and the assignment to ensure the proper administration of the agreement, including
disbursements to the assignees at the appropriate development milestones.
The funds payable under the original ASA were deposited into an escrow account with First
American Title. The agreement with First American Title expired and staff transferred the escrow
responsibilities to a different escrow company, Commonwealth Title. The remaining escrow funds
were returned to the City. To meet the obligations of the new ASA, an appropriation adjustment is
needed to wire the funds to the new escrow company. The new owner of the property has already
submitted a site plan, and it is anticipated that they will meet the milestones described in the ASA
and receive the remaining monies due under the agreement.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans). Approval of this
item also supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create
new opportunities for business/job growth and encourage private development through new
General Plan and Zoning Ordinance policies), Strategy C (support business development and job
growth along transit corridors through the completion of critical transit plans/projects).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The requested Appropriation Adjustment will recognize $91,047 of escrow funds refunded to the
City in the Select Street Construction Fund, Miscellaneous Revenues account (No. 05917002-
57010) and appropriate the same amount to the OCTA Bristol Street Corridor Improvements, Land
expenditure account (No. 05917661-66100). Funds will be expended in FY 2020-21 as follows:
Accounting
Fiscal Year
Unit - Account
Fund
Accounting Unit - Account
Amount
No.
Description
No. Description
Project No.
FY 2020-21
05917661-
Select Street
OCTA Bristol Street Corridor
$91,047
July -June
66100
Construction
Improvements - Land
Total
$91,047
NS/EWG/JG/ST
Exhibits: 1. Location Map
2. Purchase and Sale Agreement
3. Acquisition Settlement Agreement
20B-2
MATCHLINE
SEE BOTTOM RIGHT
MCFADDEN
!1
LEGEND
SUBJECT PROPERTIES
WALNUT ST_
MATCHLINE
SEE ABOVE LEFT
APPROVE APPROPRIATION ADJUSTMENT OF $91,047
TO RE-ESTABLISH ESCROW ACCOUNT FOR BRISTOL
STREET IMPROVEMENTS PROJECT
�.pTlOry F\,
i f
'ANCE 107:� �LIIREf: A-2009-004
CLrRI EXHIBIT 2
OR ? Zn$URCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter °PSA"), entered into thiss-11"day of Jan . 2009,
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
Socorro Guerrola De Navarro Family Trust, Sonia Liliana Navarro, Yolanda Veronica Navarro,
_M Ernesto Navarro, Leticia Navarro and Jaime Navarro, (hereinafter "Seller'), regardless of
number or gender;
oTHEREFORE, for and in consideration of their promises, covenants and agreements
hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth,
g Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real
property located in the State of California, County of Orange, City of Santa Ana, described as
a follows: (hereinafter "Said Real Property") described as follows:
SEE EXHIBIT "A" and "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of
421 and 400 South Bristol Street, Santa Ana, CA, APN: 008-232-36, 32)
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 bV Seller. Seller agrees to convey Said Real Property to City, by
Easement Deed, at the office of First American Title Insurance Company, 2 First American
Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has
approved this Agreement.
2. Title to be Conveyed. (a) 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 ONE
HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED AND NO1100 DOLLARS ($155,200)
Page 1 of 14
Seller's
insuring City's title 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 PSA.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance
Company, 2 First American Way, Santa Ana, California, (hereinafter "Escrow Agent") within five
(5) days from and after the date on which the City has approved this PSA. This PSA
constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this
PSA shall be delivered to the Escrow Agent upon the opening of the escrow.
The Escrow Agent hereby is empowered to act under this PSA, 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 PSA, 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 "C" of the
General Provisions of this PSA.
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.
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, fixtures & equipment
(improvements pertaining to the realty), good will (if any), severance damages, and bonus value
(if applicable), the total cash sum of ONE HUNDRED FIFTY-FIVE THOUSAND TWO
HUNDRED AND NO/100 DOLLARS ($155,200).
Page 2 of 14
Seller's
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 said purchase price to Seller only after or concurrent with the
satisfaction of the following conditions precedent:
(a) Conveyance of Said Real Property by Seller to City as hereinabove provided;
(b) Acceptance by City of An Easement Deed conveying Said Real Property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Easement Deed conveying Said Real Property to City.
(e) City shall record the Easement Deed when purchase price is deposited with Escrow
Agent.
7. Possession. Seller agrees to deliver to City, upon execution and/or recordation of the
Easement Deed described and attached hereto EXHIBIT " D", quiet and peaceful possession of
Said Real Property.
a. Intentionally Left Blank
9. 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.
10. Heirs, Assigns Successors in Interest. 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.
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.
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 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), Bonus Value, if any, and severance damages.
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 92702, County of Orange, State of California. The
mailing address of the Seller is:
Ernesto Navarro
421 S. Bristol Street
Santa Ana, California 92703
Page 3 of 14
Seller's initials
20B-6
15. Exceptions. City agrees to accept title to Said Real Property subject to the following:
NONE
16. 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 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 sue. (42 U.S.C. 59601).
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.
Page 4 of 14
Seller's Initials
20B-7
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
enforceability of this PSA, and the escrow created hereby, is contingent upon the express
acceptance and approval of this PSA by City. The execution of this PSA by City, and the
delivery of same to Escrow Agent, shall constitute 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.
24. Governing Law This Agreement 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 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.
26. 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.
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 Agreement, without cost.
Page 5 of 14
Seller's Initials
28. 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.
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 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.
The parties have executed this Agreement as of the date written below.
BUSINESS OWNERS): CITY OF SANTA ANA:
For: La Pinata Market and Rockview Dairy
By: Lilt. 1(4 n�S���ate: k-9 G' ,2009 B Date: �, 2009
David N. eam
As: Ipdividuals: City Manager
. cd4 uate:'
is Liliana Nav o
2009
2 -1 , 2009
Date: -) 2009
Date: 2-. 14, 2009
PROPERTY OWNER:
5ocorro Guerrola De Navarro Family Trust
o Date: 2009
(1 ,Trustee
APPROVED AS TO FORM:
Joseph W.,Ftc;cher
City Attorooy '''
Date: 3 - S 2009
Page 6 of 14
g2,�,-�Jate: • s 2009
Patricia E. Heal
Clerk of the Council
Seller's Initials
20B-9
EXHIBIT "A"
LEGAL DESCRIPTION
(APN 008-232-36)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 16 AND 17 OF
TRACT NO, 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17
AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF -
WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN
BOOK 2266, PAGE 451 OF OFFICIAL RECORDS;
THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF
WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 1951,
NORTH 0038'34" EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 16;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°05'04" EAST 14.65 FEET;
THENCE SOUTH 2°01'18° WEST 47.89 FEET TO A LINE PARALLEL WITH AND 53.50
FEET EASTERLY, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID
BRISTOL STREET;
THENCE ALONG SAID PARALLEL LINE, SOUTH 0°38'34° EAST 27.46 FEET;
THENCE SOUTH 44'12'03" EAST 21.27 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY
OF MYRTLE STREET, NORTH 89°02-43° WEST 28,50 FEET TO THE POINT OF
BEGINNING,
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,360 SQUARE FEET
(0.0312 ACRES), MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "S", ATTACHED HERETO AND MADE A PART
THEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYOR'S ACT.
O NO
R CHARD C. M HER, P.L.S. 7564 DATE C�
LICENSE EXPIRES 12-31-07 � � pL I p
rr *117w
Page 7 of 14
Seller's
20B-10
EXHIBITA
Plat to Accompany Legal Description 008-232-36
SCALES I' = 30'
1 KDM Meridian, Inc.
22541 Aspon Street, Suite. C
t take Forest, CA 926W
None: 949-768-0731
Fax: 949-768-3731
AJON oas-.2=-56
AREA: 1,360 SF. / 0.031a AC. t
ACCOMPANIES A LEGAL. DESCRIPTION
""R UNDER MY DIRECTION.
Page 8 of 14
NO. 7564
20B-11
Seller's Initials
EXHIBIT B
LEGAL DESCRIPTION
(APN 008-232-32)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH
40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF
MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15
AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF -
WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN
BOOK 2246, PAGE 338 OF OFFICIAL RECORDS;
THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°3834" EAST 85.34
FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89607'24" EAST 16.71 FEET;
THENCE SOUTH 2°0118" WEST 85.36 FEET TO SAID SOUTHERLY LINE, -
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89005'04" WEST 14,65 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.338 SQUARE FEET
(0,0307 ACRES), MORE OR LESS,
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART
THEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN
MY DIRECTION IN CONFORMANCE WITH
SURVEYOR'S ACT.
07
RI HARD C. A ER, P.L.S. 7564 DATE
LICENSE EXPIRES 12-31-07
Page 9 of 14
PREPARED BY ME OR UNDER
THE PROFESSIONAL LAND
Seller's Initials
20B-12
EXHIBIT B
Plat to Accompany Legal Description 008-232-32
pR•
w
a
fl M
�z
1
I
0
M
- — _ N89*02'443,W
MYRTLE ST.
SCALE: V = 30' AREA: 1,338 S.F. / 0.0307 AC, t
i KCM Meridian, Inc.
2254; Asaan Street, Suite. C
1 Loke Forest. CA 92630
Pho": 949-760-0731
Fox: 949-768-3731
AEON 00&-2=-=
THIS PLAT ACCOMPANIES A LEGAL DESCRIPTION
WRITTEN BY LNt UNDER NY DIRECTION.
U ou 10iz3/o
RICHARD C. MAHER, PLS 7564 DATE
Page 10 of 14
Seller's Initials_
20B-13
NO. 7564 j
EXHIBIT "C"
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 perfection of title as of the date on which the
transferring instruments referred to herein are recorded in the Office of the Orange County
Recorder. All prorations made during escrow are to be made on the basis of a 360-day year
and 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.
Escrow Agent is 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 Escrow Agent, 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 and affected hereby, Escrow Agent shall
have the right to discontinue any or all further acts on its part until such conflict is resolved to its
satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any
Superior Court of competent jurisdiction, and 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 Escrow Agent in connection with, or arising out of this escrow, including, but without
limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the
event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and
discharged from all obligations imposed upon it 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.
Page 11 of 14
Seller's Initials
20B-14
EXHIBIT "D"
EASEMENT DEED
Whra recorde0. pleas<until mis
iwhvmnt and Izv riahnaars to:
Clerk "the Counal
Gtp of SmT. Ana
20 Ciak Ceeter Ph'.)I-m
bane Ava, cmu.'ada 92-01
Fm semxd.g rcq..d by
THE CITY OF SANTA l tiA PER
GOVERNAMN7 CODE SECTION 6103
�`ii <fF.CY+IiSJ :1D'AO�_asY IsXfFiSs DC¢f9i3]Y AZ
Ti cS Y.'YJ: S'OR1S D3:!:P. e.LT:1.'%' l.'i:NM ?Ao£Ci
CkEaACF >L 008N -e `a.NfER
0S ??1-i632 06-1500
421. 400 S. BnstoL S.mw A. Ctlifomia
OE3iv^®-F.
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged,
Socorm Guenola De Nmerfo Family Trust
Do Hereby Grant to THE CITY OF SANTA ANA, a Charter city and municipal corporation duly organized under
Rke Constitution and lens of the Stale of Calffwnia, easernem for pubhc nght-M.way Purposes for in on, mer
under, and dirough the real property in the ON Of Santa Arm, County of Grange, Stale of California, located a[
421, 400 S. Bristol, legally described m follows:
SEE EXHSIT `A' - Legal Description and EXHIBIT "B-- Graphic Depiction, Attached Hereto;
SOCOR0 Guenola De Navarro Family Trust
Data-. 2008
Felicia Navarro, i rustes
STATE OF
CAUFFOAV14 jas
Wm us.
xha pro;xd ro me m the basis d'
sar�ssfaczh r.'drnm ro be a.,. persuas) wlwx rurue{s) 11". s slihcd ro the nitibn
inamunem and 'umvtedq cI b vx Om, bvvhehhcy executed rim same in Lisihea/are¢
authorized npacim(a), and dwt he lus'bm'tnx¢ n hlrfes) cm the im cnen'the penop(s)
ar d,c mritcupw belafuf.lch thepe ,t,) ute& mnited d" imnmm¢
I cntifi ..der PENALTY Of PERILRY' undo drc Iota of the Stare of Caldmma that du
foa,ff--SP wmphiztmeandtamer
SyguaMm
SIG?J,TJRE OF IVOiARY PUBLIC rS.V^E.wTMYb Ag
Page 12 of 14
Seller's
20B-15
EXHIBIT I'D"
EASEMENT DEED ATTACHMENT
EXHIBIT -A•
LEGAL DESCRIPTION
(APN 0 232�M
THAT CERTAIN PARCEL OF LAND IN THE CT( OF SANTA ANA, COUNTY OF
ORANGE. STATE OF CALIFORNIA, M
BEING A FORTON OF LOTS 1B AND 17 OF
M
TRACT ND 610 RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS,
PS, PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT THE INiER,SEGTIIXJ OF THE SOUTHERLY LINE OF ^ O LOT 1T
AND
THE
EASTERLY RIGHT OF WAY OF BRISTQ STREET (gp{DOT HALF
WIDTH) CONVEED TO THE CITY OF SANTA ANA BY DEED RECORDED IN
BODK 22C-0, PAGE 0.1 OF OFFICIAL RECORDS;
THENCE ALONG SAID EASTERLY RIGHT 11111 AND THE EASTERLY RIGHT OF
WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 195t,
NORTH D`nS` EAST 00.3a FEET TO THE NORTHERLY LINE OF SAID LOT IS;
THENCE ALONG SAID NORTHERLY UNE SOUTH 80b8'W EAST 14.65 FEET:
TI-gNCE SOIITN 2'01 •I S" WEST 47,B9 FEET TO A UNE PARALLEL WITH AND 6i60
FEET EASTERLY MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF 6AID
BRISTOL STREET;
THENCE ALONG SAID PARALLEL LINE, SOUTH O'36'3<' EAST 27 46 FEET;
THENCE SOUTH Y6'12'W' EAST 21 27 PEET TO SAID SOUTHERLY LINE'.
THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY
OF MYRTLE STREET, NORRI 86'02.43' WEST 26S0 FEET TO THE POINT OF
BEGINNING.
THE ABOVE OESCR(EDG PARCEL OF LAND CONTAINB 1,980 SQUARE FEET
10.0312 ACRES), MORE OR LE%,
ALL AS SHOWN ON EXHIBIT 8', ATTACHED HERETO AND MADE A PART
THEREOF.
THIS REAL PROPERTY DESCRIPTCN HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE PROFE661ONAL �O
SURVEYOR'S ACT
ft CHARD C. A HER, P L/ ` O
LICFTI6E EXPIRES 12-31-0T'SW DATE p9
t'JR. nj1/Pl
N6Ta
GF`
A
Pege 1 of 1
PLOT To ACGOP�WIElR "g"
PAPANY LL6AL GLL�ci¢IvrinM
MYRTLE gr — - - - —
vlaL: +rcar�s'.ml, wF.e, L A
�..�I p9P¢x 7wIS eL0.1 2W<Nu[S PXE49L KSgIwIC¢'
i
�SL4�YP o:]I 4 !1D Y-IS`Qe .pp yplg.�li0. t OV.JYtlj
Page 13 of 14
20B-16
Seller's Initials
EXHIBIT "ID"
EASEMENT DEED ATTACHMENT
EXHIBIT
LEGAL DESCRIPTION
(APN 008-232.32)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA AN COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A 1111CN 11 LOT 15 AND THE SOUTH
40 13 FEET OF LOT 14 OF TRACT NO. 610RECORDED IN BOOK 19'PAGE 12 OF
MISCELI-ANEMS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS'
BEGINNING AT THE INTERSECTION OF THE 504.1THERLY LINE OF SAID LOT 15
AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET HALF
WIDTH) AS COTO THE CITY OF SANTA ANA BY DEED RECORDED IN -
BOOK 2D16, PAGE 338 OF OFFICIAL RECORDS
THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH V38'34" EAST 85.34
FEET TO THE NORTHERLY LINE OF THE SOILMH 40,13 FEET OF SAID LOT 14,
THENCE ALDNG SAID NORTHERLY LINE, SOUTH 89-07 24- FAST 16 71 FEET,
THENCE SOUTH 2-01 IS- WEST BE 35 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUMERLY LINE, NORTH 89.06 N- WEST 14.65 FEET TO
THE POINT OF BEGINNING
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 113M SQUARE FEET
10SW7 ACRES), MORE OR i-ESS
ALL AS SHOWN ON EXHIBIT -W, ATTACHED HERETO AND MADE A PART
THEREOF
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYORSACT
m—u CMAHEK RLS, 1564 DATE
LICENSE EXPIRES (9
r T TO
+
inl�
NC,
1.1z
F-
thib
P.O.B.
MYRTLESf.
Page 14 of 14
Seller's Initials
20B-17
EXHIBIT 3
NSUP4NCE NOT REQUIRED A-200"04A
bVORI MAY PROCEED
CLERK OF COUNCIL ACQUISITION SETTLEMENT AGREEMENT
_ �ATF usJ,'iia `
This Acquisition Settlement Agreement ("ASA") is entered into on 34y,. 4
2009 between the City of Santa Ana, a charter city and municipal corporation duly
organized and existing under the Constitution and laws of the State of California ("City"),
and Socorro Guerrola De Navarro Family Trust, Sonia Liliana Navarro, Yolanda
Veronica Navarro, Ernesto Navarro, Leticia Navarro, Jaime Navarro, also dba La Pinata
c Market and Rockview Dairy, ("Owner"). City and Owner may collectively be referred to
o in this ASA as the "Parties."
tJ
3 RECITALS
r,Ja
A. Owner operates a business on the Property commonly known as La Pinata
Market, and is the occupant of the real property and improvements located at 421
and 400 S. Bristol, Santa Ana, California. ("Property").
B. Owner and City have negotiated a Purchase and Sale Agreement ("PSA") for a
portion of the Property, as legally described and depicted in Exhibit "A" and
Exhibit "B" attached hereto ("Acquired Property"), which will impact the
Owner's rights, title and/or interests in the Acquired Property.
C. The Property is located within the Area of the Bristol Street Widening Project
from Pine Street to McFadden Avenue and City intends to acquire a road and
sidewalk easement on a portion of the Property for a public use.
D. The Parties' rights and obligations with regard to the acquisition of the Acquired
Property by City are in dispute. The Parties desire to establish their respective
rights and obligations and to resolve any and all existing disputes with regard
to the acquisition of the Acquired Property by City upon the terms and
conditions as hereinafter set forth.
E. In order to mitigate damages to the Property and avoid a business
displacement of the La Pinata Market and Rockview Dairy, Owner intends to
renovate the exterior retail structure at 421 S. Bristol Street and relocate lost
parking spacing to 400 S. Bristol ("Rehabilitation Project"). Construction on
the Rehabilitation Project is expected to be completed on or about, September
30, 2009.
Page 1 of 13
Therefore, in consideration of the promises, covenants and agreements hereinafter set
forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree
as follows:
1. Consideration
a. City agrees to pay Owner, in accordance with the disbursement schedule
referenced in section 1(b) through (d), below, the total sum of SIX
HUNDRED NINETY-FIVE THOUSAND AND NO/100 DOLLARS 3/2 v%Dq
($695,000) as compensation to which Owner may be entitled, including
relocation benefits, any and all loss of business goodwill, leasehold 1 4231 s
interests, personal property, improvements pertaining to realty, bonus J -
value, severance damages, and any and all other damages to which U '�IVb'
Owner may be entitled as a result of City's acquisition of the Acquired
Property for the Project. All payments as referenced above will be paid
only as follows: Veronica Navarro, Ernesto Navarro and Leticia Navarro. Poll
b. Upon execution of this ASA, execution and recording of the Easement
Deed, Exhibit "C" City will process an initial payment to Owner in the
amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00).
C. City will process a second payment to Owner, in the amount of TWO
HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) upon
satisfactory evidence to City of Santa Ana Public Works Department,
that the improvements necessary to accommodate the Bristol Street
road widening, have been incorporated into the Rehabilitation Project
and the appropriate building permits obtained from the City of Santa
Ana.
d. City will process a third payment to Owner in the amount of TWO
HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) upon
satisfactory evidence to City that all exterior building improvements, as
it relates the retail structure at 421 S. Bristol Street, have been made
and approved by City of Santa Ana Building Inspector.
e. City will process a final payment to Owner in the amount of NINTEY-
FIVE THOUSAND AND NO/100 DOLLARS ($95,000.00) upon
satisfactory evidence to City that the entire Rehabilitation Project is
completed.
f. Payment of the consideration referenced in section 1 of this ASA, shall
constitute full satisfaction of any and all of City's obligations to
compensate Owner.
Page 2 of 13
2. Release
a. Owner, on behalf of itself, its agents, assigns and related entities, agree to
indemnify, fully release, acquit and discharge City, and the officers,
directors, employees, attorneys, accountants, other professionals,
insurers and agents of City (collectively "Agents") and all entities related to
City, from any and all rights, claims, interests, demands, actions or causes
of action which Owner now has or may in the future have against City
arising from the acquisition of the Acquired Property, including, but not
limited to, trade fixtures, furniture and equipment, leasehold interests, and
claims for loss of business goodwill, bonus value (if any) and/or severance
damages (if any), including claims from vendors, independent contractors,
tenants now and forever.
b. No Party, nor any Agents, nor any related entities, to this ASA have made
any statement or representation to any other Party regarding any fact
relied upon in entering into this ASA, and each party expressly states it
does not rely upon any statement, representation or promise of any other
Party or any Party's Agent or related entities in executing this ASA, except
as is expressly stated in this ASA. Each Party to this ASA has made such
investigation of the facts and law pertaining to this ASA, and of all other
matters pertaining hereto, as it deems reasonable, necessary and/or
appropriate, and has consulted with legal counsel concerning the matters
contained herein.
4. Attorney's Fees
In the event of litigation relating to this ASA, the prevailing party shall be
entitled to reasonable attorneys' fees and costs.
5. Indemnity By Owners
Owner shall indemnify, defend and hold harmless City from and against any and
all claims, demands, liabilities, losses, judgments, expenses and attorney's fees
resulting from the breach by Owner of any provision of this ASA, or the falsity
of any representation or warranty made by Owner contained in this ASA.
Entire Agreement
This ASA contains the entire Agreement of the Parties hereto pertaining to the
subject matter discussed herein, and supersedes any prior written or oral
agreements between them concerning the subject matter contained herein. This
ASA may be modified only by a writing executed by the Parties hereto.
Page 3 of 13
Partial Invalidity
In the event that any term, covenant, condition or provision of this ASA shall be
held by a court of competent jurisdiction to be invalid or against public policy, the
remaining provisions shall continue in full force and effect.
8. Waiver
The provisions of this ASA may be waived, altered, amended or repealed, in
whole or in part, only upon the written consent of all Parties to this ASA. The
waiver by one party of the duty of performance by the other Party of any provision
in this ASA shall not invalidate this ASA, nor shall it be considered a waiver of
any rights or remedies available to the non -breaching Party of this ASA.
9. Headings
The headings, subheadings and numbering of the different sections of this ASA
are inserted for convenience only and shall not be considered for any purpose in
construing this ASA.
10. Governing Law
The rights and obligations of the parties hereto shall be construed and enforced
in accordance with, and governed by, the laws of the State of California.
11. Successors In Interest
Subject to any restrictions against assignment contained herein, and to any legal
limitations on the power of the signatories to bind non -signatories to this ASA,
this ASA shall inure to the benefit of, and shall be binding upon, the assigns,
successors -in -interest, personal representatives, executors, estate, heirs,
legatees, Agents and related entities of each of the Parties hereto.
12. Necessary Acts
Each Party to this ASA agrees to perform any further acts and execute and
deliver any further documents that may be reasonably necessary to carry out
the provisions of this ASA.
13. Advice Of Counsel
Each Party hereto, by its execution of this ASA, represents to every other
Party that it has reviewed each term of this ASA with its counsel and hereafter
no Party shall deny the validity of this ASA on the ground that the party did not
have advice of counsel. Each Party to this ASA has had the opportunity to
receive independent legal advice with respect to the advisability of entering
Page 4 of 13
14.
15.
16.
17
into and being bound by this ASA and with respect to the meaning of California
Civil Code Section 1542.
Parties Have Not Transferred Riaht Or Claims
The Parties hereto each represent and warrant to the other Party that they have
not assigned, transferred or sublet to any third party any of the rights, claims,
causes of action or items to be released or transferred which they are obligated
to transfer or to release as part of this ASA.
Authority To Execute This Agreement
Each Party executing this ASA represents that it is authorized to execute this
ASA. Each Party executing this ASA on behalf of an entity, other than an
individual executing this ASA on his or her own behalf, represents that he or she
is authorized to execute this ASA on behalf of said entity.
Construction
Each Party has cooperated in the drafting and preparation of this ASA. In any
construction or interpretation to be made of this ASA, or of any of its terms,
conditions and/or provisions, the same shall not be construed against any party.
Notices
All notices, requests, demands and other communications required or
permitted to be given under this ASA shall be in writing and shall either be
delivered in writing personally or be sent by telegram or by regular or certified
first class mail, postage prepaid, deposited in the United States mail, and
properly addressed to the Party at its address as set forth below, or at any other
address that such Party may designate by written notice to the other Party:
To City: City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Attention: Souri Amirani
To Owner: Ernesto Navarro
421 S. Bristol Street
Santa Ana, CA 92703
Page 5 of 13
18. Counterparts
This ASA may be executed in counterparts, each of which shall be deemed an
original, and, when taken together with other signed counterparts, shall constitute
one Agreement, which shall be binding upon and effective as to all Parties.
IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement
as of the date first written above.
BUSINESS OWNER(S): CITY OF SANTA ANA:
For: La Pinata Market and RockVew Dairy
By: kel i (i o �JCI UIJ-10 Date dd�' BY: AMA ate: *—, 2009
David N. am
As: Individuals: City Manager
Date: 2 - 7 0 , 2009
ATTEST:
z�, 2009
Date: 0- 2009
�rues avarro ate: ,� 2009
fC•Patricia E. Healy
ate: -%G) , 2009 Clerk of the Council
Leticia Navarro
Date: , 2009
Jaime —Navarro
PROPERTY OWNER:
Socorro Guerrola De Navarro Family Trust
Date: -;� -
alc• li`� ►till lJ,fr"),Trustee
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY: Date, j 2009
Jos" andoval
CENej Assistant City Attorney
Page 6 of 13
EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION
(APN 008-232-32)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH
40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF
MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15
AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF -
WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN
BOOK 2246, PAGE 338 OF OFFICIAL RECORDS;
THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38'34" EAST 85.34
FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89"07'24" EAST 16.71 FEET;
THENCE SOUTH 2001'18" WEST 85.36 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°0604" WEST 14.65 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SQUARE FEET
(0,0307 ACRES), MORE OR LESS,
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART
THEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN
MY DIRECTION IN CONFORMANCE WITH
SURVEYOR'S ACT.
// r o7
RI HARD C. A ER, PL.S. 7564 DATE
LICENSE EXPIRES 12-31-07
Page 7 of 13
PREPARED BY ME OR UNDER
THE PROFESSIONAL LAND
EXHIBITA
Plat to Accompaisy Legal Description 008-232-32
EXHIBIT B
LEGAL DESCRIPTION
(APN 008-232-36)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 16 AND 17 OF
TRACT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17
AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF -
WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN
BOOK 2266, PAGE 451 OF OFFICIAL RECORDS;
THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF
WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 1951,
NORTH 0°38'34" EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 16;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89`05'04" EAST 14.65 FEET;
THENCE SOUTH 2"01'18" WEST 47.89 FEET TO A LINE PARALLEL WITH AND 53.50
FEET EASTERLY, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID
BRISTOL STREET;
THENCE ALONG SAID PARALLEL LINE, SOUTH 0"38`34" EAST 27.46 FEET;
THENCE SOUTH 44012'03` EAST 21,27 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY
OF MYRTLE STREET, NORTH 89"02'43" WEST 28.50 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,360 SQUARE FEET
(0.0312 ACRES), MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART
THEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYOR'S ACT.
nno:l
RICHARD C. HER, P.L.S. 7564 DATELICENSE EXPIRES 12.3"7
Page 1 of 1
Page 9 of 13
EXHIBIT B
Plat to Accompany Legal Description 008.232.36
EXHIBIT "C" EASEMENT DEED
For Acquisition Settlement Agreement
R-lcnttcorded please umil tllis
IILSM1OIrn1 nuQ tA1 gate0l➢` h to:
Cla'k air the C.... if
Oh' of Sam. A.
20 chio Cana' pbz"M-36
5a." Am. C.Navi. 92'01
Freem Wg rcgvesmd by
THE CITY OF SANTAAA'A PER
GOV'ERINI)MW CODE SECTION 6103
CAVLL
YaES)
AYr➢A%MDST
OivKMflNr
O:sgNul:
Ai.. ^uN Na➢
P3orttR
S,t¢S
R3:Y. ch1Xs
"c"U"
D.c.
W'fllSEnW
[F[cn:.".,ax.
\V�(p5y Ntlaos
V'NNA
008-'33-363?
06d'0D
421 400 S. E'iewi SWIM A. GEfoa m
EASEMENT DEED
FOR VALUABLE CONSIDERATION.. receipt of which is hereby acknowledged,
Socono Guetrola De Navarro Family Trust
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly agonized under
the Constitution and laws of the State of California, easement for public right4moy purposes for in, on, over
under, and through the real properly in the City of Santa Ate, Courtly of Orange, Stela of Cnlifomia, located at
421, 4D0 S. erisiol, legally described as follows:
SEE EXHBIT W - Legal Description anti EXHIBIT '8' - Graphic Depiction, Attached Hereto
Socotra Guenola De Navarro Family Trust
Date. 2008
Leticia Navarro. Trustee
STATE OF
CALTOISTIA }ss.
COIIVTPOP
before ao
him proved so nm oalhe basin of
.0,fvcwrr' a'idare r. to w, peGooin) whose namgh) Wm',Ax ibed to flu uirhin
wGuammit and xlaowtedged w me tat heLslulrhey evaaoe to, son¢ w lv"befloF
avthvtized capaciMin). am that b, 1.'A atheis siowlae(s) ov don iaatmtaent da, pemon(z)
or the eaay aji brltalf of winch the Pawns) acted, emnEad'ha itntmnunr.
1 canffy hods PFiALTY OF PEM7,RV .4" d&e laws of am Stare of Cakfomu av, the
foregoing Paragraph is tree sad caret.
suzaEur
SIGNATURE OF N(YARY PUBLIC prACE ocTAA1.1 A.
Page 11 of 13
EXHIBIT "C" EASEMENT DEED ATTACHMENT
For Acquisition Settlement Agreement
EXHIBR "A^
LEGAL DESCRIPTION
(APN 006-2..36)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA BEING A PORTION OF LOTS 16 AND 9 OF
TRACT NO, 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS,
MORE PARTICULARLY DESCRIBEOAS FOLLOWS'.
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT fT
AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40.FOOT HALF -
WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN
BOOK 226S. PAG9.1 OF.FFIC AL RECORDS:
THENCE ALONG SAID EASTERLY RIGHT OF WAYANO THE EASTERLY MIOI-T OF
WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED GATED JULY 10, 1951.
NORTH WIIV34' EAST 90.31 FEET TO THE NORTHERLY LINE OF SAID LOT 161
THENCE ALONG SAID NORTHERLY LINE, SOUTH 69'05'04' EAST 14 $5 FEET{
THENCE 5OUTH 2.0119' WEST 4739 FEET TO A LINE PARALLEL WTH AND M50
FEET EASTERLY. MEASURED AT RIGHT ANGLES, Or THE CENTERLINE OF SAID
BR16TOL STREET,'
THENCE ALONG SAID PARALLEL ONE, SOUTH 0"3S'34-EAST 27.40 FEET,
THENCE SOUTH 44.1 Y03' EAST 2127 FEET TO.0 SOUTHERLY UNE{
THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY
OF MYRTLE STREET, NORTH W'02N3 WEW 20.90 FEET TO THE MINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF UNO CONTAINS 1,300 SQUARE FEET
NI 0312 ACRES), MORE OR LEGS.
ALL AS SHOWN ON EXHIBIT 'B'. ATTACHED HERETO AND MADE A PART
THCREGF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WTH THE PROFESSIONAL LAND
SURVEYOR'S ACT.
Og
RCHARUGM HER RL11 95B4 WTE
LICENSE EXPIRES t2-310T fV12h�/n
A N6YOa
Pe9e 1 011
Page 12 of 13
EXHIBIT "C" EASEMENT DEED ATTACHMENT
For Acquisition Settlement Agreement
EXHIBIT "A"
LEGAL DESCRIPTION
(APN 00&232-32)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA. COUNTY OF
ORANGE, BTATE OF CALIFORNIA BEING A PORTION OF LOT 15 AND THE SOUTH
40,13 FEET OF LOT 14 OF TRACT NO, 510, RECORDED IN BOOK 18, PAGE 12 OF
MISCELLANEOUS MAPS. MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15
AND THE EASTERLY RIGHT OF WAY OF BRIS70L STREET (400.FOOT HALF,
WIDTHI AS CONVEYED TO THE CITY OF SANTA ANA, BY DEED RECORDED IN
SMK2248, PAGE 338 OF OFFICIAL RECORDS;
THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0'3"4' EAST 85.34
FEET TO THE NORTHERLY LINE OF THE SOUTH 4 ..13 FEET OF SAID LOT 14:
THENCE ALONG SAID NORTHERLY UME, SOUTH U-07 N' EAST TO 71 FEET;
THENCE SOUTH 2'OVIF WEST 85,35 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG MAID SOUTHERLY LINE, NORTH 89'05'04' WEST 14.65 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,336 SQUARE FEET
(00307 ACRES), MOREOR LESS.
ALL AS SHOWN ON EXHISF V,, ATTACHED HERETO AND MADE A PART
THEREOF,
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONALLAND
SURVEYOR'S ACT,
LAND s
/! I 07 4]
RI rHARDC. A ER PLS, 114 DATE ed. 31 P z
LICENSE EXPIRES 1241-W
OF CAL
LI!u4HI TT "B"
PLAT TO Af omr-ANY LE!>A.L. 1946G•RIPTION
iM e«L`-.3• 6i.
4
ox � r
F-1 m
° 9u
a fP. I q2/f=P
80
Sa P.O.H.
to � S5 I 90
40'
�1
_xa_e•oz•<3w Sr,
RUM Mencfinn, ■�.�®ll au ceiuwmnux c
J1'[J Y XJf OR Nlh'R HY ➢@CC!@t y E1P_WiIC
Inr. o+o...)M..313! /IJ�<♦o/%/J / ,_.. _ N0. 1564
APN 008-20:2-02
Page 13 of 13