HomeMy WebLinkAboutRAMBOAT INVESTMENTS, LLC, THE (3)DEC 2 0 2021
INSURANCE NOT REQUIRED A-2021-240
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on December? 2021,
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 The Ramboat
Investments, LLC, a California Limited Liability Company (hereinafter "Seller"), regardless of number
or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees
to purchase from Seller, that certain real property rights (hereinafter collectively "Said Real Property")
legally described as follows:
SEE Exhibits "A" and "A-1"— Legal Descriptions
and Exhibits "B" and "13-1" — Plat Maps
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 2400 S. Grand Avenue, Santa Ana, CA 92707)
(APN 016-150-71)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller.
A. Seller agrees to convey Said Real Property as set forth in Section 13 below to City, by Grant
Deed and easement deed for a temporary easement, at the office of Commonwealth Land
Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California,
within sixty (60) days from and after the date on which the City has approved this Agreement.
B. Seller Agrees to convey to City a 5,508 foot fee acquisition and Six (6) Month 2,681 square
foot Temporary Construction Easement in, on, over and above the portion of property
described on the attached Exhibits "A and A-1" and depicted on the attached Exhibits "B and
B-1" and incorporated herein by the reference.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly
provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and
all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold
interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller
hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and
clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property,
with or without knowledge of any condition, restriction, reservation, exception, easement, assessment,
profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including
any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its
right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which
might accrue to City because of the failure of Seller to convey title as hereinabove provided.
City Council 22 — 4 12/7/2021
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 Three Hundred Ninety -One Thousand Forty and no/100
Dollars ($391,040) insuring the title of the City to Said Real Properties are free and clear of any and all
conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non -monetary, general or specific, and including any and all
leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter
expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such
insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City
of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action
for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title
or to provide title insurance as required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Insurance
Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within
five (5) days from and after the date on which the City has approved this Agreement. This Agreement
constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close
within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by
the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties
in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of
escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all
obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such
request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to
possession of the Property immediately upon close of Escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance
of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated
herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery
of this Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer
taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow
fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for
prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived
pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this
Agreement.
5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code
of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and
Taxation Code of the State of California for that portion of property taxes on Said Real Property for said
fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is
recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying
Said Real Property to City is recorded and made uncoliectible if unpaid by reason of Section 5086 of the
Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or
City Council 22 — 5 12/7/2021
assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due
thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in
obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Sellerfor that refund,
if any, through or outside of Escrow.
All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said
conveyance is made shall be paid by Seller before conveyance of Said Real Property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City,
as and for the full purchase price for Said Real Property, temporary construction easement, fixtures &
equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total
sum of Three Hundred Ninety -Nine Thousand and 00/100 Dollars ($399,000.00). City agrees
to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after
the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to
pay the same to Seller upon and after:
(a) Conveyance of Said Real Property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said portion of Said Real Property to City;
(c) Acceptance by City of a Temporary Construction Easement to City;
(d) Delivery to City of the policy of title insurance as hereinabove provided;
(e) Recordation of the Deed conveying said portion of Said Real Property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property
to City is recorded, quiet and peaceful possession of said property, which shall be made free to Seller of
all personal property.
8. Rental and Occupancy By Seller, INTENTIONALLY DELETED,
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on
the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of
said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained
herein.
10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions
hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the
respective Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
12. 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 realty), goodwill (if any), and severance damages.
City Council 22 — 6 12/7/2021
13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of itself, its, executors, administrators,
successors and assigns, hereby acknowledges that this Agreement provides full payment for the
acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
claim for compensation for injury to the remainder ("severance damages"); pre -condemnation
damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable
to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase,
leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property,
or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure
sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section
1245.246; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil
Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers
pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and
attorney's fees and costs. It being understood that this Is a complete and full settlement of all
acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in
connection with the acquisition of the Property by Buyer. This release shall survive the Close of
Escrow.
B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority.
Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby
fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns,
and all other persons and associations, known or unknown, from all claims and causes of action
by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as
a result of Buyer's efforts to acquire the Property or to construct the works of improvement
thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed
to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts
to construct improvements on the Property.
C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity
to consult with legal counsel, regarding the previsions of the California Civil Code Section 1542,
which provides as follows"
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if know by him or her
must have materially affected his or her settlement with the debtor."
Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently
unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained,
may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby
acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and
hereby expressly waives any and all rights which Seller may have under California Civil Code Section
1542, or under any statute or common law or equitable principal or similar effect.
This acknowledgement and release shall survive the Close of Escrow.
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box
1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
Seller is 2430 S. Grand Avenue, Santa Ana, CA 92705.
City Council 22 — 7 12/7/2021
15. Exceptions. City agrees to accept title to Said Real Property subject to the following: See Exhibit
"D" attached hereto.
16. Enure Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole
of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that
were raised or could have been raised in connection with the acquisition of Said Real Property by City.
17. DISCLAIMER: RELEASE. AS AN ESSENTIAL INDUCEMENT TO SELLER TO ENTER INTO
THIS AGREEMENT, AND AS PART OF THE DETERMINATION OF THE PURCHASE PRICE, BUYER
ACKNOWLEDGES AND AGREES, THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
THIS AGREEMENT AND THE DOCUMENTS EXECUTED BY SELLER IN CONNECTION HEREWITH:
A. DISCLAIMER:
AS -IS: WHERE -IS. THE SALE OF THE PROPERTIES HEREUNDER IS AND WILL BE
MADE ON AN "AS IS, WHERE IS" BASIS. SELLER HAS NOT MADE, DOES NOT MAKE
AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES 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 ANY OF THE PROPERTIES OR ANY
OTHER MATTER WHATSOEVER.
ii. SOPHISTICATION OF BUYER. BUYER IS A SOPHISTICATED BUYER WHO IS FAMILIAR
WITH THE OWNERSHIP AND OPERATION OF REAL ESTATE PROJECTS SIMILAR TO
THE PROPERTIES, AND BUYER HAS HAD ADEQUATE OPPORTUNITY OR WILL HAVE
ADEQUATE OPPORTUNITY PRIOR TO CLOSING TO COMPLETE ALL PHYSICAL AND
FINANCIAL EXAMINATIONS RELATING TO THE ACQUISITION OF THE PROPERTIES
HEREUNDER IT DEEMS NECESSARY, AND WILL ACQUIRE THE SAME SOLELY ON THE
BASIS OFAND IN RELIANCE UPON SUCH EXAMINATIONS AND THE TITLE INSURANCE
PROTECTION AFFORDED BY BUYER'S TITLE INSURANCE POLICY OR POLICIES AND
NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER.
iii. DUE DILIGENCE MATERIALS. ANY INFORMATION PROVIDED OR TO BE PROVIDED
WITH RESPECT TO ANY OF THE PROPERTIES IS SOLELY FOR BUYER'S
CONVENIENCE AND WAS OR WILL BE OBTAINED FROM A VARIETY OF SOURCES.
SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF
SUCH INFORMATION AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL)
REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH
INFORMATION. SELLER SHALL NOT BE LIABLE FOR ANY MISTAKES, OMISSIONS,
MISREPRESENTATION OR ANY FAILURE TO INVESTIGATE ANY OF THE PROPERTIES
NOR SHALL SELLER BE BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN
STATEMENTS, REPRESENTATIONS, APPRAISALS, ENVIRONMENTAL ASSESSMENT
REPORTS, OR OTHER INFORMATION PERTAINING TO ANY OF THE PROPERTIES OR
THE OPERATION THEREOF, FURNISHED BY SELLER OR BYANY MANAGER, MEMBER
OR PARTNER OF SELLER, OR BY ANY REAL ESTATE BROKERS, MEMBERS,
PARTNERS, AGENTS, REPRESENTATIVES, TRUSTEES, AFFILIATES, DIRECTORS,
OFFICERS, SHAREHOLDERS, EMPLOYEES, SERVANTS OR AGENTS OF ANY OF THE
FOREGOING, OR OTHER PERSONS OR ENTITIES ACTING ON BEHALF OF SELLER OR
AT SELLER'S REQUEST (COLLECTIVELY, "SELLER RELATED PARTIES").
City Council 22 — 8 12/7/2021
RELEASE. EFFECTIVE AS OF THE CLOSING, BUYER HEREBY RELEASES SELLER AND
ALL SELLER RELATED PARTIES FROM ALL CLAIMS THAT BUYER OR ANY PARTY
CLAIMING BY, THROUGH OR UNDER BUYER (A `BUYER RELATED PARTY") HAS OR MAY
HAVE AS OF CLOSING ARISING FROM OR RELATED TO ANY MATTER OR THING
RELATED TO OR IN CONNECTION WITH ANY OF THE PROPERTIES, INCLUDING THE
PROPERTY INFORMATION, THE LEASES AND THE TENANTS THEREUNDER, ANY
CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS IN THE DESIGN OR
CONSTRUCTION AND ANY ENVIRONMENTAL CONDITIONS, INCLUDING THE PRESENCE
OF ANY HAZARDOUS MATERIALS, AND BUYER SHALL NOT LOOK TO ANY SELLER
RELATED PARTIES IN CONNECTION WITH THE FOREGOING FOR ANY REDRESS OR
RELIEF, THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING TO
EACH OF ITS EXPRESSED TERMS AND PROVISIONS, INCLUDING THOSE RELATING TO
UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION AND, IN
THAT REGARD, BUYER HEREBY EXPRESSLY WAIVES ALL RIGHTS AND BENEFITS IT MAY
NOW HAVE OR HEREAFTER ACQUIRE UNDER CALIFORNIA CIVIL CODE SECTION 1542
WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
18. Reserved.
19. Reserved.
20. Contingency. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of
the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute
said acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of
which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all
the remaining provisions of this PSA shall remain in full force.
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience
only and are not to be considered in construing this PSA.
24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of
the State of California.
25. No Reliance By One Party On The Other. Each party has received independent legal advice from
its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof.
The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other
person or entity has or shall acquire any rights hereunder.
City Council 22 — 9 12/7/2021
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the party to
be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate
the terms and conditions of this PSA, without cost.
28. Applicability of Agreement To Assignees, This PSA shall be binding upon and shall inure to the
benefit of the successors and assigns of the Parties to this PSA.
29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature
herein below has the power, authority and right to bind their respective parties to each of the terms of this
PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
30. Construction Contract and Curative Work. All work performed under this Agreement shall
conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work
and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities,
when removed, and relocated or reconstructed by the City, shall be left in as good condition as found.
Any landscaping removed within the TCE area will be replaced by the City as part of the project.
31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this PSA.
[Signature Page Follows]
City Council 22 — 10 12/7/2021
IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement
on the date and year first written above.
SELLER: The Ramboat Investments, LLC, a California Limited Liability Company
Date: / v � �!
By:
t�ICtIAc�
Name:
rniNA�� ,
Its:
City/Buyer
City of Santa Ana
`�.��✓�/ Date: /2�y
Kristine Ridge
City Manager
ATTE
m ti r 4A Date:
aiy Gomez
ity Clerk
APPROVED AS TO FORM:
42 - � � -
Jo n M. Funk
Sr. Assistant City Attorney
REC11OMMENDED FOR APPROVAL:
F-l"�
Nabil Saba, PE,
Executive Director
Public Works Agency
10-22-21
Date:
Date: I Z%)4/zoz1
City Council 22 — 11 12/7/2021
EXHIBIT "A" (PART TAKE FEE)
LEGAL DESCRIPTION
IMrz-FglpgS W1 2409MeM firml 5 1"dMMiro, U, 9xd1141roI9A9.pA&SAls phon pg9.9A0.58M Aq F 111 eeflo.e.w �-
R307M 3,19
09.20.19
REVISED
02.24-20
MX111Ef1' "A"
LEGAL. DESCRIPTION
RIGI G' OF WAY FRR ACQUISITION
APN 016d50-71
That pm•tfon of fire land allotted to Lames McFadden, as described in the Final Dome of
Pardtion of due Rancho Santiago de Santa Ana, which was caure'd September 12, 1868 In
Book Pago 410 of Jndgnneias of the district court of the 17th Judicial District in and
for Los Angeles County, in the City of Santa Ana, County of Orange, State of California,
as slwvm on u IMP Pled In Hook 113, Pages 43 through 44, inclusive,
of Records of Survey, in the otlico of lire County Recorder of said County, descrlbed as
follows;
Cansnranchng at the Northerly terminus of that certain courso in the Westerly line of
Instrument No. 1995-0531198, of Official Records in sold office of tine County Recorder,
as shown on said Record of Survey, shown as having a hearing and distance of
"NO1 °2515911E 220.00, " on said Record of Survey, also being on the Southerly Right of
Way line as shown oil said Record of Survey; thence along said Southerly Right of Way
South 88031'00" Bost 24.74 feet to the TRUE POINT OF 13E0LNNINQ thence leaving
said Southerly Right of Way line South 96038134" East 36.33 feet to the beginning of a
non -tangent curve concave Southerly, having a radius of 1449.00 feet, a radial line of
said curve to said beginning bears North 02°24'23" East; thence Easterly 111,26 feet
through a central angle at' W23'58 ; thenoo South 8301119" East 131.01 feet to the
beginning of a curve concave Northerly, having a radius of 835,00 feet; thane Easterly
77.57 feet through u control angle of 05019'21" to a line being tangent with and 13,o0 feet
Southerly of said Right of Way line; thence along said parallel line South 88"31'0o" East
200.11 feet; thence leaving said parallel line Soule 4303336" But 3.533 fact to the
Westerly Right of Way line of Grand Avenue as shown on said Record of Survey; thence
along the said Westerly Right of Way line of said Grand Avenue and said Southerly
Right of Way line of said Warner Avenue the following seven (7) courses: North
01023147" Bost 12.99 fact, North 43033'36" West 35.35 feet, North 83031'00" West
275.00 feet to the beginning of a curve concave Northerly, having a radius of t 10.00 feet,
Westerly 12.34 feat along said curve through a central angle of 06025'38", North
82005'22" West 78.10 feet to rho beginning of a curve concave Southerly, having a radius
Of'9"0 feet, Westerly 10,10 hol along said curve through a cennal angle of 06025'38",
and North 88°31'00" West 180.36 feet to the TRUF. POINT OF BEGINNING.
Containing an area of 5,508 srinare feet, race, or less,
City Council 22 — 12 12/7/2021
EXHIBIT "A" (PART TAKE FEE)
LEGAL DESCRIPTION
EXHIBIT "A"
R307513,19
LEGAL DESCRIPTION
09-20.19
RIGHT OF WAY FEE ACQUISITION
REVISED
APN 016-150-71
02-24-20
Subject to covenants, conditions, reservations, restrictions, rights -of -way and casetnents,
if any, of record.
A11 as shown on Exhibit "A" attached hereto and by this roferonce made a part hereof,
DAVID W, MACRBY, PT.S I. 12
A307513,19A)M,I WREF 51016.150.71 ROW DEG
City Council 22 — 13 12/7/2021
IN
EXHIBIT "B" (PART TAKE FEE)
PLAT MAP
WARNL�'R3AVENUE^------_�_._
3 �,a
p.O,G: Sty R?aqr OrT.P.O,B. ONE WARNER AVENUE �0,3
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• fatl8
A 044vw -- A410,
M R41,449.00'
n L=f1jz6' 5,506 SOFT: NBi 1' -w
RECORD OF 'OUR LYEy G7t§)" 9,f=90s4'
{� R"93"19" Vogl,0U164
N88;7t'00'W
WARNER AVENUE
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MORT OF WAY R
WARMER AVENUE
rveGJJ'OD"W 279.00' �.%
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N8831Oo W 200.1 7.ST !' 67, r
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OF, SURVEY /AVJO� 05-1086
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`Q�,t LAND
1 b
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4A4A`aF oM.�foP�\t
REVISED,
WLY RIGHT OF WAY•-y z
ONE ORANO AVENUE '7
I
(XXX) INDICATES RECORD DATA
PER RECORD OF 5VRVEY NO,
95-fO56, R.S.B. 153143-44
hl l 11 1' .. !f \I I t] ijC. SKETCH TO ACCOMPANY ""` 7"�b0'
1 14.�.1 1 Lh../LI:GkI'n..7 A LEGAL DESCRIP71pN a+nW,'aY D
FIuNh•7011are, Ina hNk"
2003 MWn Street, Sulu 400, Irvhe, CA 926% CXHISIT 'B' B RNR
Frwrw 00 see -me Pee ") 9ee•-c629 RIGHT OF WAY
NwBavEn ar ffB
FEE ACQUISMON .>m
i9/20/10f
2
.,/.%� ✓ lyeer ate_ x. , A.P.N.01B-t50-91 R30761119
City Council 22 — 14 12/7/2021
EXHIBIT "A-V
(TEMPORARY CONSTRUCTION EASEMENT)
LEGAL DESCRIPTION
[JUITMOLLARS_
HWR9FIllMb Mlf.., 2SMAWn SImm Sein lOA nnino, CA92614df5P �9dY9PSEPli pFona, 9A9.9PP SP2PI" Tull ollenmm - �— - --
R307513.19
09-20-19
REVISED
03-02-A
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 016.150.71
That portion of the land allotted to James McPaddut, as described in the Final Decree of
Partition of the Rancho Santiago (le Santa Ana, which was entered September 12, 1868 in
Sook H, Page 410 of Judgments of the district court of the 17th Aidicial District In and
for Los Angeles County, in the City of Santa Ana, County of Orange, state of California,
as shown on a map fled in ]look 153, Pages 43 through 44, inclusive,
of Records of Survey, in the office of the County Recorder of said County, described as
follows:
Commencing at the Northerly ninairins of that certain coon in the Westely line of
]nstmment No. 1995.0531199, of OfficiaLRecords in. said office of the Cotmty Racayder,
as shown on wilt Record of Survey, shown as having a bearing and distance of
"NOI 025'59"E 220.00' " on said Record of Survey, also being on the southerly right of
Way line as shovm an said Record of Survey; thence along said Southerly Right of Way
Soutt 88031'00" East 21.21 feet to lire TRUE POINT OF BEGINNING,, thence
cantinuiug South 88031'00" East 1.52 Pent, thence leaving said Southerly Right of Way
.line South 86°3834" East 36.33 fiber to the beginning of a non -tangent curve concave
Southerly, having a radius of 1449,00 feet; thence Easterly 111.26 feet through a central
angle of 04023'58 thence South 83'1119" East 13'1,01 ,toot to the beginning of a curve
concave Northerly, having a radius of 835.00 feet; thence Easterly 77•57 feet through a
central anglo of 05"19'21" to a line being parallel with and 13,00 feet southerly of said
Right of Way line; thenco along said parallel line South 88031'00" East 176.49 feet;
thence leaving said parallel line Santh Ol "29'00" West 5,00 feet w a line parallel with and
5.00 feet Southerly of the course Previously heroin described as "South 88"3100" East
176.49 feet"; thence along amid parallel line North 98031,001, West 176.49 feet to the
beginning of a curve concave Northerly, having a radius of 840,00 feet, said curve being
concentric with and 5.00 Southerly of the curve previously herein described as having a
radius of 835.00 feet; thence Westerly 78,03 feet through a central angle of 0501921" to
a line bohrg parallel with and 5.00 feet Southerly of the course Previously hernia
described as "South 83"11'39" Emst 131.01 feet"; thence along said parallel line North
83'11'39" West 131..01 feet to the beginning of a curve concave Southerly, having a
radius of 1444.00 foot, said curve being concentric with. and 5,00 Southerly of the curve
Previously herein described as having a radius of 1449.00 feet; thence Westerly 111.98
{eel through a central angle of 04023158"; thence non -tangent North 86038'34" West.
39.70 feet; thence North 01-29100" West 4.89 feet to the TRUE POINT OF
6EO1NNiNG•
City Council 22 —15 12/7/2021
EXHIBIT "A-1"
(TEMPORARY CONSTRUCTION EASEMENT)
LEGAL DESCRIPTION
EN111BiT "A" R307513.19
LEGAL DESCRIPTION 09.20.19
TEMPORARY CONSTRUCTION EASEMENT REVISED
APN 016•I50-71 03,02.20
Containing nit men of 2,681 square feet, more or less.
Subicot to covenants, conditions, reservations, restrictions, rights -or -way and easements,
if any, of record.
All as shovat on Exhibit "B" attached hereto mid by this reference made a pmt hereof,
AZ
DAV17) W, tM KEY, P
r/Itip9513.i Ylpb6i 14REF 51 016-150.71 Moen
City Council 22 — 16 12/7/2021
EXHIBIT 11B-1"
(TEMPORARY CONSTRUCITON EASEMENT)
PLAT MAP
N80'Jl'tl0"W
q3
MIWARNER AVENUE
Sl iy
SLY4�
vl Rt OF WAY
LINE WA
LINE WARNER AVENUE
z
�
NW71:S9"W 1Jf.D'
....
'gBg�Q a
L=110.
?B871Spp r,�
60-'64
N88;i7'o0"W_'.,._.__,---....._.,-.�____.._..«___.�.'
y WARNER AVENUE
I
p
//////------51Y R10NT OF WAY
I,INE WARNFR AVENUE
1
-....
3
7821"
R 640.00, k
-
N063N000W 176,49'
v
1
L=7a.ar'
2, 68i Sq.F'T �
WP_Y RIM OP WAY^^*�^��yy�' l
\p�I,L 14 W0 s DOURSE e& CURVE DATA} LINE GRANO AVENUE '7
w54a�b W' FAO GP,t 1 N0129'00 EN88*4J 54'W J.62' I 70
pq �- N8638'J4"W Jam,
u a A-04'2J'58" R=1,449.00' L=11f.26'
A-05Y92f" R=8J0.60' L=77.57'
*: N0. 8912 a. N6G38'39.7v'
6 (XXX) INDICATES RECORD DATA
@f4R' oe cnt1F�'4�e 00T " 4,87, PER RECORD OF SURVEY NO.
REV]sE0. J1212020 96-1056, R.S.B. 163143-44
HQitr ''`� r �)'' SKETCR TO ACCOMPANY
1 1 /—&"."�l L :C' A LEGAL DESCRIPRON oWM
2603 Me��94 ee6 s,ne aaa,1Z)0, cA 02014 E'XNIRIT '9' -Dy
Phone (aAe) eae-bets 400 (aAd) e8-6820 TEMPORARY CON;i UorM RRN
s Dm or EASEMENT' Fn" 9/13/2019
3/� AN 016-160-27 "
R3076f319
City Council 22 —17 12/7/2021
EXHIBIT "C" (Commonwealth Land Title Company)
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited
in one or more of your general escrow accounts with any bank doing business in the State of California
and may be transferred to any other general escrow account or accounts. The expression "close of
escrow" means the date on which Instruments referred to herein are filed for record. All adjustments are
to be made on the basis of a 30-day month. Recordation of any instruments delivered through this
escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized.
There shall be no proration of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the
attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims
with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited
herein affected hereby, you shall have the right to discontinue any or all further acts on your part until
such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend
any action or proceedings for the determination of such conflict. The parties hereto jointly and severally
agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered
or Incurred by you in connection with, or arising out of this escrow, including, but without limiting the
generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader,
you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time
specified herein and such additional time as is required to make an examination of the official records,
you will return all documents, money or property to the party entitled thereto upon satisfactory written
demand and authorization. Any amendment of and/or supplement to any instructions must be in writing.
The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each
of which independently shall have the same effect as if it were the original, and all of which taken together
shall constitute one and the same instruction.
City Council 22 —18 12/7/2021
EXHIBIT "D„
EXCEPTION TO TITLE APPROVED BY BUYER
A. Property taxes, which are a lien not yet due and payable, Including any assessments collected
with taxes to be levied for the fiscal year 2021.2022.
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4,
respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer
of title to the vestee named in Schedule A or as a result of changes in ownership or new
construction occurring prior to Date of Policy.
6. The Land described herein is included within a project area of the Redevelopment Agency shown
below, and that proceedings for the redevelopment of said project have been instituted under the
Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment
Plan) as disclosed by a document.
Redevelopment Agency: Statement for a Redevelopment Project
Recording Date: July 08, 1982
Recording No: as instrument No. 82-235811 Official Records
Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if
any, including but not limited to those based upon race, color, religion, sex, sexual orientation,
familial status, marital status, disability, handicap, national origin, citizenship, immigration status,
primary language, ancestry, source of income, gender, gender identity, gender expression, medical
condition or genetic information, as set forth in applicable state or federal laws, except to the extent
that said covenant or restriction is permitted by applicable law, as set forth in the document
Recording Date: December 01, 1995
Recording No: as Instrument No. 19960631198 of Official Records
9. The Land described herein Is included within a project area of the Redevelopment Agency shown
below, and that proceedings for the redevelopment of said project have been instituted under the
Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment
Plan) as disclosed by a document. Redevelopment Agency: Redevelopment Plans for the Central
City, Inter -City, Commuter Station, North Harbor, South Harbor, South Main, and Bristol Corridor
Redevelopment Projects
Recording Date: October 20, 2004
Recording No: 2004000948360 of Official Records
19. A Notice
Entitled: Project Owner's Certification
Recording Date: August 12, 2020
Recording No: 2020000403626, Official Records
24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a
document:
Granted to: Southern California Edison Company
Purpose: public utilities
Recording Date: May 10, 2021
Recording No: 2021000307873, Official Records
Affects: a portion of the land described herein
City Council 22 —19 12/7/2021