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HomeMy WebLinkAboutLOPEZ, BENJAMIN, JR. (DEED NO. 8896) When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza,M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER SPACE ABOVE THIS LINE FOR RECORDER'S USE GOVERNMENT CODE SECTION 6103. CANCEL APPROVED AS APPROVED BY DESCRIPTION DESCRIPTION A.P. R/W MAP PROJECT TAXES TO FORM BY DIRECTOR WRITTEN BY CHECKED-OK NUMBER 408-333-02 NUMBER NUMBER ATTY. X GV - O N 1306 W.Carlton Place,Santa Ana,CA 92707 DEED NUMBER e•Bqko Return FULLY EXECUTED Copy to City Clerk, M-30 TEMPORARY CONSTRUCTION EASEMENT A-2024-359-01 (�so�w,b+&`�� FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BENJAMIN LOPEZ JR., a married man as his sole and separate property ("GRANTOR"), Does hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY"), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County of Orange, State of California, which is described on Exhibit "A" (legal description) and depicted on Exhibit "B" (plat to accompany legal description), which are attached hereto and made a part hereof(the "Property"), upon the terms set forth below. 1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("ICE") is for the purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, its successors and assigns, the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's Property. 2. Term. GRANTOR agrees that the term of the TCE shall be for a period of 18 months, and shall commence when the CITY issues a notice of commencement of construction to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall automatically terminate and be of no further force and effect. 3. Release. For valuable consideration, as set forth in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release and fully discharge the CITY and each of its predecessors and successors, and all of their officers, directors, members, employees, agents, contractors, assignees, and representatives,from any and all claims, demands, damages, causes of action, costs, and expenses (including, without limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of the PROJECT ("Claim"), including, without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, property damages, loss of income and/or goodwill, and relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise. GRANTOR understands and agrees that the release contained herein shall not be deemed or construed as an admission by the CITY of any liability of any kind to GRANTOR. 4. Special Provisions. The Special Provisions attached hereto as Exhibit "C," if any, are hereby incorporated, and made a part of this Agreement by this reference. In the event of any conflict or inconsistency between this Agreement and the Special Provisions, the terms of the Special Provisions shall prevail. 5. Miscellaneous. It is mutually stipulated and agreed by and between GRANTOR and the CITY hereto that this TCE contains the whole agreement between them as of this date and that any amendments or modifications thereto must be in writing and signed by the parties. The provisions of this TCE shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Executed this g( day of ( Cr , 200y BENJAMIN LOPEZ JR., a married man as his sole and separate property Printed: Benjamin Lopez Jr., an individual-- • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF RWEI:3fS&0 V Aii('7 On OUR 2/j 'r?^'I Sr �,, before me, C/C.1(..77vdiCj (,'('arhay,&/o I41,--( ,Notary Public personally appeared �j s I(/wwAM *Tr-, Iigoe who proved to me on the basis of satisfactory evidence to he the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity,and that by his/her/their signature(s)on the instrument the person(s),or the entity(ies)upon EDWIN ALEJANDRO FLORES E behalf of which the person(s)acted,executed the instrument. Notary Public•California Orange County - I certify under PENALTY OF PERJURY under the laws of the Commission k 5, 5 MY Comm.Expires Febfeb 2028 ! State of California that the foregoing paragraph is true and correct. a WITNESS my hand and g fici seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)claimed by Signer(s) • RIGHT Signer's Name: THUMBPRINT ❑ Individual OF.SIGNER.... ❑ Corporate Officer—Title(s): Top of thumb ❑ Partner— ❑ Limited ❑ General here o Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT 'A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES—AP No. 408-333-02 BEING A 6.00 FOOT STRIP,IN THE CITY OF SANTA ANA,COUNTY OF ORANGE,STATE OF CALIFORNIA.,SAID STRIP BEING A PORTION OF LOT 71 OF TRACT NO.2209,PER MAP RECORDED IN BOOK 64,PAGES 25 AND 26 OF MISCELLANEOUS MAPS,IN TIIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,THE NORTHERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE INTERSECTION OF CARLTON PLACE AND BRISTOL STREET,AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE,ALONG SAID CENTERLINE OF CARLTON PLACE,NORTH 88°13'46"WEST, 160.76 FEET; THENCE,PERPENDICULAR TO SAID CENTERLINE,NORTH 1°46'14"EAST,30.00 FEET,TO A POINT ON THE SOUTH LINE OF LOT 74 OF SAID TRACT,SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 95.00 FEET,A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A BEARING OF SOUTH 20°21'47"EAST,SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE,NORTHEAS I'ERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9°05'55"TO A POINT OF REVERSE CURVATURE,SAID REVERSE CURVE BEING CONCAVE SOUTHERLY,WES 1'ERLY,AND NORTHERLY,HAVING A RADIUS OF 43:00 FEET; THENCE,EASTERLY,SOUTHERLY,AND WES I'ERLY ALONG SAID CURVE AN ARC DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242°27'52"TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWES F'ERLY,HAVING A RADIUS OF 95.00 FEET; THENCE,NORTHWESTERLYALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9°05'55"TO A POINT IN THE NORTH LINE OF SAID LOT 71,SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. THE SOUTHERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINA 1'E EASTERLY IN THE EAST LINE OF SAID LOT 71 AND WESTERLY IN THE WEST LINE OF SAID LOT 71 CONTAINING AN AREA OF 352 SQUARE FEET,MORE OR LESS. ALL AS SHOWN ON EXHIBIT`B',ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESTRICTIONS,RESERVATIONS,EASEMENTS OF RECORD, AND RIGHTS OF WAY,IF ANY. THIS DESCRIPTION HAS BEEN . PREPARED BY ME ON ptANtl Sapp SEPTEMBER 24,2015 ��yS Fy ANTHONY C. CUOMO,PLS 6042 fit, 4.0 C!; ! 6A EXHIBIT "B" o y O 0 O O O y WW O (h (, O J���p V�ryd a p r II I Oh [Y j� a bJ L a t' II cz (h rY () II o n n � o a ° I I- 4 N o a N .-i Y ' \ Z 1" o O co- ti M N J a a O l9 t17 M M zz 2a O N anti b _j o � yi N.' ° Z° yiN - � '` Z�F o J J -I SS b P WO O e e O N )do `-S G F V N e d" ef' ° •t 3 W'W7 d- V O, N hJ F.Z O < < © 4 4 IW W y y .-4 In �aU 0 I ...I WC4 it U U U U U .,.._.� J3A2InS m3 ti yN ' • IS 1O.ISIZS - o at i- .J 'iSNCJO O I la Na o N I W 0 V tr m W J F-co>' y cn I '° a N I C I', W p X O ZO / J 0 as N O N N15° 13' 07" E RAD zo I r S o S11° 40' 07" E RAD m r o a to 3 03• Q CV V Q ° • d O In V N Io N N U N N I- 0 _J U .t o . co :Pt) nJ OD d.a. a~ P, R. C, v . ❑ aj 00 '0€ S20° 21' 47"E RAD I / �o CI N23° 54' 14" E RAD z= � M v=iwi� IIiljeTh I', L}I Q z z o • ~ I 0 a © S naC Ln EXHIBIT"C" (Commonwealth) 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. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Temporary Construction Easement dated October 21, 2024 from Benjamin Lopez Jr, an individual, to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: 4 (0 1412 ,4 21( ate City Manager Alvaro Nunez Vi Date Cit Cl ' 11__Jeflffif L. all CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of oralnr� c 1, On Iv aren-lbeir to 1 219Z I before me, NtA l I(1 ,Thax-y-aI N *1 r\-1 public , Date Here Insert Name and Title of the Officer 01, personally appeared A 1 v O ro NI ut.rIcz Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the 4s. FTNF EVELYN'BARRA laws of the State of California that the foregoing e_ s; Notary Public•California paragraph is true and correct. Orange County ;- S ` %° Commission#2489063 ' ' My Comm.Expires May 3,2028 WITNESS my hand and official seal. '�1;t00.N` Signature Place Notary Seal and/or Stamp Above gnature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): 0 Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General 0 Partner— 0 Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee o Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association