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HomeMy WebLinkAboutBIRTCHER FAMILY TRUST 1-2003A-2003-245 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT, entered into this 1~01 day of J)e~J~9~ 2003, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "City") and Ronald E. Birtcher, as Trustee of the Ronald E. Birtcher Family Trust Dated June 27, 1980 and Birtcher Pacific, a California General Partnership (hereinafter "Seller"). W1TNESSETH Seller agrees to sell to City under threat of condemnation, 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, (hereinafter "said real property") more particularly described in Exhibit "A", attached hereto and incorporated by reference (commonly known as a portion of APN No. 011-262-02, Santa Ana, CA), on the following terms and conditions. 1. Purchase Price. The full purchase price for said real property, fixtures and equipment (if any), severance damages and relocation claims pursuant to Government Code Sec. 7260 et seq., shall be Twenty Three Thousand Nine Hundred Five Dollars and No/100 ($23,905.00). City shall deposit said purchase price into escrow at least five days before close of escrow. 2. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property, a policy of title insurance issued by First American Title Insurance Company, with the City named therein as insured, in the amount of Twenty Three Thousand Nine Hundred Five Dollars and No/100 ($23,905.00), insuring title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances, liens, teases, clouds or defects in title. 2. Escrow. City shall open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, Califomia, within five (5) days fi.om and after the date on which this Agreement is executed. This Agreement constitutes the joint escrow instructions of the City and Seller. A duplicate original shall be delivered to the Escrow Agent upon the opening of the escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Agreement, and the General Provisions described in Exhibit "B", attached hereto and incorporated by reference, shall carry out its duties as Escrow Agent. City shall bear 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 conveyance o£said real property. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Code of Civil Procedure Sec. 1265.240. 3. Notices. Notices shall be mailed to the parties at the following addresses: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 To Seller: Ronald E. Birtcher 27611 La Paz Road Lagtma Niguel, California 92607 IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date written below. For: Ronald E. Birtcher Family Trust Dated June 27, 1980 By Ronald E. Birtcher, as Trustee bated: ~> ~. ~ ~C~ -~ For: Birtcher Pacific, A California General Partnership Title Dated: CITY OF SANTA ANA DAVID N. REAM City Manager ~PATRICIA E. HEAEY Clerk of the Council Dated: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: ,/4~.~.~ ~ LEGAL DESCRIPTION EXIi~IT 7HE LANT) ILEFERRED TO HERELN' IS SITUATED D,i' TI-[E STATE OF CALIFO~N'L&, COUNTY OF )RANGE, CiTY OF SANTA AN'A, A~.N"D IS DESCRIBED AS FOLLOWS: A.P. NO. Ol 1-262-02 That po..,?.don or Lot 6 or- Tract 'No. 3416, in the City of S~,~ta Aha, County or- Orange, State of California, ~s shown on the map filed in Book 119, Pages 14 and 15 of Miseellaneo. u.s Maps, in the office of the County Recorder of said County, described as follows: Be~rmlng at the Northerly terminus of that certain course in the Easterly line of sald Lot 6' shown v_s having a bearing and distance 'of "N 0°06'20.' W 75.43'" on s~id Tract 'No.- -- 3416; thence along said Easterly line, and the $outhe~terly *nd Southerly lines et' said Lot 6, the following courses: South 1°04'27' ~,Vest 75.44 feet 1o the beginning ora'curve concave Northwe:tedy having a radius of 25.00 feet, Southerly, Southwesterly and Westerly 38.83 feet along said cu~e through a central angle et' 89°00'00.. and North g9°$5'33'' a, Vest 6.98 feet; thence leaving said Southerly line North 45~34'39'' E~t 35.01 feet to a line being p~allel with and 7.00 feet ~,Vesterly of said E,si:fly line of lot 6; thence North l°04'27".East 7.5.47 feet along said parallel lini to theNorthedy line of said Lot 6; thence leaving said parallel line South gg°$5'3Y' East 7.00 feet ~long said Northerly line to the POI]qT OF BEGINNING. Containing an area ot'O.020 acres, more or less. Subject to covenants, condition.~ it'any, of record. resen'atlons, restrictions, rights or'way tnd ea~ements, (xxx) p, EcoP, o ~,4 TX pER TR. NO. .3416o ALM. 119/1~-15 -f £/.z'l C -/ ,, LOT4 coURSE DA TA, QtI45'J4'Jg'E 35.0l' 25.00' L ~ 1.0-£ d I -I I WAKEHAM A VENUE -7 P.O.B. Y LOT 6. LO-F b' ~TY Utlf LOT 6. ~. t,'O. 3416 -- N8 9 ~5 'JJ '~ SKETCH TO ACCOMPANY A LEGAL DESCRIPTION 'R-'IGHT-OF-WA Y GRAND A VENUE (x.P. ~vo. 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 ora 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(s), real estate broker(s) or attorney(s) involved in this transaction upon their request. 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 fxom all obligations imposed upon you in this escrow. If fur 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 of 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. r LICENSE AND RIGHT OF ENTRY Ronald E. Birtcher, as Trustee of the Ronald E. Birtcher Family Trust Dated June 27, 1980 and Birtcher Pacific, a California General Partnership does hereby grant to 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, its officers, agents, employees or representatives (collectively referred to as the "City"), the right to enter the property located at 810 S. Grand Avenue, in the City of Santa Ana, County of Orange (the "property"), and hereby grants to the City a license for the following: Purpose: to re-stripe the parking lot along the south side of the building facility. The City agrees to indemnify and hold harmless, Ronald E. Birtcher, as Trustee of the Ronald E. Birtcher Family Trust Dated June 27, 1980 and Birtcher Pacific, a California General Partnership, from any liability arising out of the City's exercise of this License and RIght-of-Entry. The City further agrees to repair any damage to said property caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said property, with the exception of the improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the property by the City. The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. No right of entry to existing buildings is conveyed by this instrument. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than December 31, 2004, unless extended by written agreement between the undersigned and the City. For: Ronald E. Birtcher Family Trust Dated June 27, 1980 By Ronald E. Birtcher, asT~ru)~t~[ By ~ /~-~-~~~ Title -7'rU~-/-d' d APPROVED AS TO FORM: ~'J~seph W. Fletcher City Attorney For: Birtcher Pacific, A California General Partnership The City of Santa Ana, a charter city and Municipal corporation duly organized and existing under the constitution and laws of The State o~~.~ BY: ~/~_ CIE~I( OF THE OOU#OIL TEMPORARY CONSTRUCTION EASEMENT "Grand Ave. Street Widening/Chestnut to McFadden" For valuable consideration, the undersigned owner(s) hereby grants permission to the City of Santa Ana, its officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City, to enter upon, to pass and repass over and along that portion of land as described on Exhibit "A" and shown on Exhibit "B" attached hereto and by reference made a part hereof, for the purpose of providing access and working area for the construction of the street widening of Grand Avenue, between McFadden Avenue and Chestnut Avenue; to enter upon, to pass and repass over and along said land and to deposit tools, implements, vehicles, construction equipment an other materials thereon by said City and by persons under contract with it and their employees, whenever and wherever necessary for the purposes set forth. This permission is granted subject to the following conditions being fulfilled by City: (A) Upon completion of street widening work, all surface improvements shall be restored to the same general conditions as existed prior to the beginning of said construction work. O3) City shall indemnify the undersigned against and hold the undersigned harmless from any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City or by any act or omission for which the City is liable in the exercise of the rights herein granted. (C) The City will cause removal of mechanics liens and materialmans liens caused by the City. It is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry on owner's property by City's contractor. In the event said actual use extends beyond prescribed period of time and said use is verified through the City's contractor log, the City shall pay the owner at the rate of $205 per month prorated to the actual date said actual use terminates. This easement shall become null and void and shall terminate upon completion of said construction and in any event shall cease and terminate not later than December 31, 2004. For: Ronald E. Birtcher Family Trust Dated June 27, 1980 By Ronald E. Birtcher, as Tm~tee' By .~ ~_.~r~~ Titl~/ "~F//L%~ :d-~ For: Birtcher Pacific, A Califomia General Partnership APPROVED AS TO FORM: J~s~ph W. Fletcher City Attorney The City of Santa Ana, a charter city and Municipal corporation duly organized and existing under the constitution and laws of The State of L~omia~ P,~TRICIA F_. HF-~LY CLERK OF TIlE COUNCIl: LEGAL DESCRI~ION TEMPORARARY CONSTRUCTION EASEMENT E--'-'t "A" XnlD! THE LAND REFERRED TO HER.EhN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: That portion of Lot 6 of Tract No. 3416, in the City of Santa Aaa, County of Orange, State of C.zt. ifomia, as shown on the map filed in Book 119, Pages 14 and 15 of Miscellaneous Maps, in the office of the County Recorder of said County, being a strip of land, 10.00 feet in width, the Southeasterly and Easterly lines of which are described as follows: Commencing ~t the Northerly terminus of that certain course in the Easterly line of said . Lot 6 shown aa having a bearing and distance of "N 0°06'20" W ?5.43' "~on said Tract No. 3416; thence along said Easterly line, and the Southeasterly and Southerly lines of said Lot 6, the following courses: South 1°04'27'' West "/5.44 feet to the beginning of a curve concave Northwesterly having a radius of 25.00 feet, Southerly, Southwesl¢rly and Westerly 38.$3 feet along said curve thl'ough a central angle of 89°00'00'' and North $9~55'33'' West 6.98 feet to the TRUE POINT OF BEGI2XIN'flqG; thence leaving said Southerly line 'Noah 45°34'39" East 35.01 feet to a llne being parallel with and ?.00 feet Westerly of said Easterly line of Lot 6; thence North 1°04'27'' East '/5.47 feet along said parallel line to the Northerly line of said Lot 6. The NoCthwesterly and Westerly lines of said strip or' land to be lengthened or shortened so a.* to originate in said Southerly line o£Lot 6 and to terminate in said Northerly line of Lot6. " Subject to covenants, conditions, reservations, restrictions, fights of way and easements, it'any, of record. /JAMES L. GARVEN, PLS 6343 HO. 6343 12/311200.1 Exhibit "B" LEGEND, (XXX) RECORD DATA PER TR. NO. 54.16, M.M. 119J14-15 TF?AC.T GOURSE DA TA, ®~) ~ ~o.oo- ~ ~$.00° L = 38.83'.) HUITF-ZOLIARS -- ~'--~. WAKEHAM AVENUE Huitt-Zo~ a.r'~, Inc. 4..30 Exche.~go, Suito 200, h~V~e, CA 92602-1309 (7t4) 73.4-.SX::0 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION T~MPORARY CONS TRUOTION EASEMENT (A,P. NO. 011-262-02)