Loading...
HomeMy WebLinkAboutItem 18 - Purchase of Real Property for Future Water Resources Well FacilityPublic Works Agency www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Purchase of Real Property for Future Water Resources Well Facility AGENDA TITLE Purchase and Sale Agreement of Real Property at 206 S. Flower Street for Future Water Resources Well Facility (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a purchase and sale agreement with Tom Morrison, Patricia Morrison, Jimmy Hsieh, and Natalie Marquez for the purchase of real property located at 206 S. Flower Street (APN 008-213-31), in the amount of $775,000, plus normal closing costs and escrow fees and relocation expenses, for a total amount not to exceed $1,050,000, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,050,000 in funds for the Flower Street Well Project (No. 23-6475). DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water distribution system. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, 7 pump stations, 10 reservoirs with a storage capacity of 49 million gallons, 4 pressure regulating vaults (PRVs), and 7 connection points with the Metropolitan Water District of Southern California (MWD). Through various studies, including a Water System Master Plan and hydraulic analyses, Water Resources staff has identified ideal areas for groundwater wells. The location of the subject property (Exhibit 1), which is in the vicinity of the existing Walnut Pump Station located near the intersection of Flower Street and First Street, has been identified as an ideal location for new well sites. In 2018, Water Resources purchased the adjacent parcel with the intention of building a new water well site. The addition of the subject property allows Water Resources to build a new well site with minimal impact to the surrounding properties. Purchase Agreement for Future Flower St. Well October 04 2022 Page 2 A purchase offer was made for the subject property based on the appraised value by a state -licensed real estate appraiser, and the offer was accepted by the property owners. The purchase price for the acquisition is $775,000, and is shown in the corresponding Purchase and Sale Agreement (Exhibit 2). Closing costs and escrow fees are approximately $25,000, and relocation expenses in an amount not to exceed $250,000 have been added to the budget, bringing the total anticipated purchase expenditure to $1,050,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds for this action have been transferred from previously appropriated funds under SA- 1 Hydrogenerator Upgrade Project (No. 21-6462) to new Flower St Water Well Project (No. 23-6475) and are available for expenditure in the current Fiscal Year 2022-23 as shown below: Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount 2022-23 06617647-66100 Acquisition & Water Utility Capital $800,000 (23-6475) Construction Projects, Land 06617647-66301 Acquisition & Water Utility Capital 2022-23 (23-6475) Construction Projects, Water Capital $250,000 Project Total $1,050,000 EXHIBIT(S) 1. Vicinity Map 2. Purchase and Sale Agreement 3. FY 2022-23 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager PARCEL NO.: 008-213-31 PROJECT: FLOWER WELL — RIGHT OF WAY ACQUISITIONS AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTYAND ESCROW INSTRUCTIONS (this "Agreement') is entered into this day of , 2022 by and between the CITY OF SANTA ANA, a municipal corporation ("City"), AND TOM MORRISON, PATRICIA MORRISON, JIMMY HSIEH AND NATALIE MARQUEZ, CO -TRUSTEES OF JOHN AND MARGARET MARQUEZ TRUST, HELD UNDER AGREEMENT DATED FEBRUARY 28, 2002 SUBJECT TO ITEM NO. 5. (collectively, "Seller") for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, all that certain real property ("Property") situated in the City of Santa Ana, County of Orange, State of California, and legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2, PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of Seventy- Five Thousand Dollars and no/100 Dollars ($775,000.00) (the "Purchase Price'). 3, CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: A. All taxes for the current Fiscal year prorated as per Section 5. B. Quasi -public utility, public alley, public street easements, and rights of way of record. C. Other items as shown on Preliminary Title Report to be provided and approved by Buyer in its sole discretion in Escrow. 4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of the Deed to Buyer, cause Buyer to be provided with a CLTA Standard Coverage Policy of Title Insurance in the amount of $775,000.00 issued by a title company of Buyer's choice showing the title to the Property vested in Buyer, subject only to the exceptions set forth in Section 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer and Seller agree to open an escrow in accordance with this Agreement at Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close the escrow established hereby In the shortest possible time. Seller has executed and delivered a Grant Deed ("Deed") to Buyer concurrently with this Agreement, Page I conveying the Property to Buyer effective upon the close of escrow. As soon as possible after opening of escrow, Buyer will deposit the executed Reed, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf. Buyer agrees to deposit the Purchase Price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel its own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Property; B. In the event this escrow closes between February 1 and May 30, and current tax information is not available from title insurer, Escrow Agent is instructed to withhold from Seller's proceeds an amount equal to 120% of the prorated amount due based upon the previous fiscal year's second half tax bill. At such time that the tax information is available, Escrow Agent shall make a check payable to the County Tax Collector for Seller's prorated portion of taxes and forward same to the Buyer and shall refund any difference to the Seller. In the event the amount withheld is not sufficient to pay Seller's prorated portion of taxes due, the Seller agrees to immediately pay the difference; In the event said tax information is available, Seller's taxes shall be prorated in accordance with subsection "C" below. C. From the date that tax information is available, as per subsection "B", up to and Including May 30, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest, if said current taxes are unpaid after December 10 and/or April 10. At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with the closing statement; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO AND SHALL: E. Pay and charge Seller, upon Seller's written approval, for any amount necessary to place title in the condition necessary to satisfy the requirements of Section 3; F. Pay and charge Buyer for any escrow fees, charges, and costs payable under Section 6; G. Disburse funds and deliver the Deed when conditions of this escrow have been fulfilled by Buyer and Seller. Page 2 The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title Insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be In writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow Is not in condition to close within 60 days from date of these Instructions, any party who then shall have fully complied with its instructions may, in writing, demand the return of its money or property; but if none have complied no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such demand to all other parties at the respective addresses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing of this escrow as soon as possible. Responsibility for Escrow Agent under this Agreement is expressly limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 18, and 19 to Its liability under any policy of title insurance issued in regard to this transaction. 6. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all of Buyer's and Seller's usual fees, charges, and costs which arise In this escrow. 7, RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current, and correct statement of rentals on a form furnished to Seller and deliver the same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the Property which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month. 8. PERMISSION TO ENTER ON PREMISES, Seiler hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections. 9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, Irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's statement to Buyer and to Overland, Pacific & Cutler, LLC., 5000 Airport Plaza Drive, Suite 250, Long Beach, California 90815, purpose being to ascertain if any reimbursements are due to Seller. Page 3 11, LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the Property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event that loss or damage to Property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 12. rRESERVED1. 13. POSSESSION OF REAL PROPERTY AND DISPOSITION OF SELLER'S PERSONAL PROPERTY. Possession of real property shall be given to Buyer upon the recording of Seller's deed. All personal property remaining on the Property ten days (10) days after the close of escrow shall become the property of Buyer and Buyer may dispose of same without liability as it alone sees fit. Buyer shall not be liable for any loss of or damage to said personal property, regardless of when such loss or damage occurs. 14. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER, Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. B. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. C. Until the closing, Seller shall maintain the Property in good condition and state of repair and maintenance and shall perform all of Its obligations under any service contracts or other contracts affecting the Property, D. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. E. All utilities including gas, electricity, water, sewage, and telephone, are available to the Property, and to the best of Seller's knowledge, all such items are in good working order. F. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. G. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. Page 4 15. 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 (1) 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), (i€) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, D1vlslon 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (€11) 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, (vi€) polychlorinated byphenyls, (vi€€) 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. 56901 et sue. (42 U.S.C. 56903) or (xl) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seq. (42 U.S.C. 59601). 16, 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. 17. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liabil€ty, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (€) 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 (€1) 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. Page 5 18. SOIL TESTING. It is understood and agreed upon and between the parties hereto that this escrow is subject to and conditioned upon acceptable soils conditions and the absence from the property of toxic or hazardous substances and any other kind of soil or water contamination and Seller further authorized the Buyer, its agents or assigns to enter upon the subject property for the purpose of conducting a soils, toxic, and hazardous substance test. Any other provision of this Agreement notwithstanding, at Buyer's discretion, either may elect to rescind this Agreement and cancel any escrow which may have been opened pursuant hereto in the event soils conditions are not acceptable to Buyer or there is present on the Property toxic or hazardous substances or any other kind of soil or water contamination. 19, FULL AND COMPLETE SETTLEMENT Seller hereby acknowledges thatthe compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the property and any dislocation of Seller from same, specifically including, but not limited to, any and all rights to participation in the redevelopment of property in the Redevelopment Project Area, the value of the Property, any and all claims In inverse condemnation and for pre -condemnation damages, any and all loss of business goodwill and any and all relocation benefits that Seller may be entitled to, the nature of which is fully known by Seller and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this Property, however Seller and Buyer, and each and all of their individual and collective agents', representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject property. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Seller hereby acknowledges that it has been advised by its attorney concerning, and are familiar with, the provisions of 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 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. Seller acknowledges that pursuant to H C e Section 34315(d), Buyer has the power of eminent domain and may exercise such power at any ti e. r, , Seller's Initials Seller acknowledges that it 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, Seller also acknowledges that changes in law may occur in the future which may apply retroactively and may allow Seller to be entitled to further claims for damage, loss, costs or expenses which are presently unknown and unsuspected. 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 it may have under Californla Civil Code section 1542, or under any statute or common law or equitable principle of similar effect. This acknowledgment and release survives the close of escrow. 20. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. MISCELLANEOUS. No provision of this Agreement may be amended except by a written amendment signed by all of the parties, Should any legal action or reference be undertaken by any party to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to its attorneys' fees and costs. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event any one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. This Agreement shall be governed by and be construed in accordance with the laws of the State of California. The parties shall execute, acknowledge and deliver such additional documents, and do such further acts and things as may be necessary or convenient to carry out the intent of this Agreement. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular and plural as the identity of the person or persons, or as the context may require. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. MAILING ADDRESS OF SELLER 29349 SPECTRUM IRVINE, CA 92618 DATE: 6-14! `. Z 0 2-2 DATE: DATE: SELLER TOM MORRISON, PARICIA MORRISON, JIMMY HSIEH, NATALIE MARQUEZ, CO TRUSTEES OF JOHN AND MARGARET MARQUEZ TRUST, HELD UNDER AGREEMENT DATED FEBRUARY 28, 2002 SUBJECT TO ITEM NO. 5. BY: ITS: BY: ITS: I—r-< e_ BY:� " ITS: �i Est ee Page 7 MAILING ADDRESS OF BUYER BUYER CITY OF SANTA ANA CITY OF SANTA ANA, a municipal corporation 20 CIVIC CENTER PLAZA M-36 P.O. BOX 1988 SANTA ANA, CA 92702 DATE: BY: Kristine Ridge City Manager APPROVED AS TO FORM Jolid M. Faot, Page 8 EXHIBIT "A" LEGAL DESCRIPTION APN 008-213-31 ALLTHAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 42.00 FEET OF LOT 5 AND THE NORTH 4.00 FEET OF LOT 4 OF THE PINE STREET, TRACT', IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 59 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE WEST 40.00 FEET OF THE SOUTH 42.00 FEET OF SAID LOT 5 AND THE WEST 40,00 FEET OF THE NORTH 4.00 FEET OF SAID LOT 4. ALSO EXCEPTTHAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 31, 1975 IN BOOK 11332, PAGE 1035 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 008-213-31 Page 9 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: City of Santa Ana 20 Civic Canter Plaza M-36 RO Box 188 Santa Ana, CA 92702 Attn: City Clerk APN. 008-213-31 FREE RECORDING,. space above this line For Recorder's Use This Instrument Is for the benefit of the City of Santa ,Aria, and Is entitled to be recorded without fee or tax. (Goat. Coda 6103, 27383 and Rev, & 'lax Code 11922) GRANT DEED TOM MORRISON, PATRICIA MORRISON, JIMMY HSIEH AND NA`i'ALIE MARQUEZ, CO TRUSTEES OF JOHN AND MARGARET MARQUEZ TRUST, HELD UNDER AGREEMENT DATED FEBRUARY 28, 2002 SVBJECT TO ITEM NO,S, (hereinafter, Individually and collectively, "Grantor"), is the owner of that certain real property located In the City of Santa Ana, County of Orange, State of California, designated as Assessor's Parcel Number 008-213-31 ("Grantor's Property'), FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Grantor hereby grants to the CITY OF SANTA ANA, A MUNICIPAL CORPORATION, ("Grantee'), all that real property more particularly described in Exhibit "A" attached hereto, which is Incorporated herelri by this reference. DATED; & - « • , 20'Z n.7-n- GRANTO B Its; p}';- (A EXEIIBIT "A" LEGAL. DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 42.00 FEET OF LOT 5 AND THE NORTH 4.00 FEET OF EAT 4 OF THE PINE STREET, TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 59 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM THE WEST 40,00 FEET OF THE SOUTH 42.00 FEET OF SAID LOT 5 AND THE WEST 40.00 FEET OF THE NORTH 4.00 FEET OF SAID LOT 4. ALSO EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 31, 1975 IN BOOK 11332, PAGE 1035 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 008-213-31 ACKNOWLEDMMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of thstdocument. STATE OF M't { l2 fV 4 A COUNTY OF 0 V-M'N 6't� On� before me, �M.T(r a () I Cl*,- , notary Public personally appeared j�1if I _�jfl f�� ig1Q-i �G Mfl(s'dk, J iMI.IE V NfiMt/ C r Ut$A proved to me on the basis of satisfactory evidenced'" the persons} whose nurne(s) is r ubscdbed to the within Instrument and acknowl d to me th helshe tf hey xecuted the same In hislhe t1s r uthorized capscity(iss), and that by his/he their igrrature(pon the InArumont the person(s), or the entity upon behalf of which the person($) acted, executed a Instrument. I certify under PENALTY OF PERJURY under the laws of the State Of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LNotary Public • Celifornis .foLosAnp�les CountyCommission N 2356033y COMM, EXPires NAY 10, 2025 CERTIFICATE OF ACCEPTANCE This Is to certify that the City of Santa Ana, a municipal corporation, hereby accepts for public purposes the real property described in the Grant Deed and consents to the recordation thereof pursuant to authority conferred by City Council Resolution No. adopted on Dated: 41 s-6 lz6-F, 7 By; �- I Nabil Saba Executive Director of Public Works City of Santa Ana PROJECT TITLE: Flower Street Water Well Facility PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Water Improvements r LOCATION MAP A N CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Construction of a new water well facility. PROJECT NEED: A new water well will increase system pumping capacity, increasing the City's drought resiliency and improving overall system performance and water quality. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Other 1,050,000 - - - - - - TOTAL 1,050,000 - - - - - - CIT E SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 WATER CAPITAL 1,050,000 - - - - - - ? TOTAL 1,050,000 - - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works Water Resources Armando Fernandez, Senior Civil Engineer 22-Sep-2022