HomeMy WebLinkAboutGRANITE-MYERS-RADOS-2006
APN: 390-042-01 N-2006-079
' PROJECT: SR-22 IMPROVEMENT PROJECT
, INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
DATE: o~;:-&(,<O.GoClll1...)
THIS AGREEMENT is entered into this -.!.l--.. day of \ Tut) '" , 2006 by and between
Granite-Myers-Rados, A Joint Venture (hereinafter called Buyer), and The City of Santa Ana
(hereinafter called 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 (hereinafter called Agreement), a temporary easement interest over all that
certain real property (hereinafter called Property) situated in the City of Santa Ana,
County of Orange, State of California, and depicted 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
Four Thousand Six Hundred Dollars and no/100
($4600.00)
3. CONVEYANCE OF TITLE, Seller agrees to convey to Buyer a Temporary Construction
Easement in, on, over and above the portion of the subject property depicted on the
attached Exhibit "A" and incorporated herein by this reference.
4. ESCROW. Buyer may elect to open an escrow in accordance with this Agreement at an
escrow company of Buyer's choice. 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
perform all acts reasonably necessary to close this escrow in the shortest possible time.
Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to
Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when
said deeds are available, After opening of escrow, Buyer will deposit an executed
Certificate of Acceptance with Escrow Agent. 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 reasonably necessary to complete this transaction.
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.
5. ESCROW AGENT IS AUTHORIZED TO. AND SHALL:
a. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded if necessary in the office of the
County Recorder. Recordation of instruments delivered through this escrow is authorized
if necessary or proper.
Page 1 of 4
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.
6. ESCROW FEES. CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's
usual fees, charges, and costs which arise in this escrow.
7. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the
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, specifically including, but not limited to, any and all damage to Seller's
remainder property by reason of the acquisition of the subject Property or the installation
of the improvement project in the manner proposed, the value of improvements
pertaining to the realty, leasehold improvements, any and all claims of rental or
leasehold value and loss of business goodwill (excluding relocation benefits, if any), and
any and all claims in inverse condemnation and for precondemnation damages, 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 subject Property; however
Seller and Buyer, and each and all of their individual 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 limitations 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.
8. CONSTRUCTION CONTRACT AND CURATIVE WORK.
a. It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or
assigns, shall perform the following construction contract items at the time of the
instailation of the proposed project
i. Remove Seller's existing chain link fence.
ii. Install 8-foot high, continuous temporary fencing with sight shielding along
the temporary construction easement area (north side of the property)
completely securing the property from the construction zone. It is further
understood that when the use of said temporary easement is no longer
required which shall not extend beyond the completion of the construction
project, said parcel shall be cleared of all debris and left in a neat, clean
and presentable condition.
i1i. Construct new sound barrier wall along State property to replace Seller's
chain link fence.
iv. Extend the side walls I fence to the new sound barrier wall in like kind.
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 Buyer,
shall be left in as good condition as found.
Page 20f4
9. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, its authorized
agents or contractors, if necessary by reason of the above-mentioned improvement, the
right to enter upon Seller's property upon 48 hours prior written notice to perform the
construction items referred to in Paragraph 9a above and for any of the following
reasons.
a. To make necessary and reasonable Inspections.
b. To remove the existing wall/fence and install a new sound wall barrier with its
necessary appurtenances.
c. To remove existing improvements in the temporary construction easement area.
10. 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. Until the closing, Seller shall not do anything which would impair Seller's title to
any of the Property.
c. 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.
d. Seller, at the time of execution of this Agreement, is seized of the Property in fee
simple absolute and is the lawful owner of and has good, indefeasibie title to the
Property.
11. INDEMNITY. It is understood and agreed between the parties hereto, that the Buyer, its
contractors and assigns will be liable for any and all damages to real or personal
property and/or individuals caused by the construction of the sound wail barrier and its
appurtenances during the construction period of the temporary construction easement.
12. 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.
13. 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 constitute said acceptance and
approval.
14. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to the jurisdiction
of the California Courts with venue in Orange County.
15. ASSIGNMENT. 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. Buyer may freely assign any or all if its interests or rights under this
Agreement or under the Escrow without the consent of Seller.
16. COOPERATION. Each party agrees to cooperate with the other in the closing of this
Page 3 of 4
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
inctuding, but not limited to, releases or additional agreements.
17. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement. It
supersedes all prior agreements and understandings, whether oral or written, between
the parties with respect 10 the matters contained in this Agreement. Any waiver,
modification, consent or acquiescence with respect to any provision of this Agreement
shall be set forth in writing and duly executed by or on behalf of the party to be bound
thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of
any other or subsequent breach.
18. TERM OF TEMPORARY CONSTRUCTION EASEMENT It is understood that said
Temporary Construction Easement, as referenced in this document shall extend for a
periOd of six (6) months commencing forty-eight (48) hours after Buyer proVides written
notification to Seller of its intent to commence construction. In the even said actual use
by Buyer, its authorized agents or contractors extends beyond the prescribed period of
time, the Buyer shall pay the Seller at the same contract rate of $767 per month,
prorated to the actual date said use is terminated.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
MAILING ADDRESS OF SELLER
Public Works Dept.
20 Civic Center Dr., M-36
Santa Ana, Ca. 92702
SELLER
ATTEST:
12a;tZ~
David N. Ream
City Manager
City of Santa Ana
//
/
~
Patricia E. Healy
Clerk of the Council
MAILING ADDRESS OF BUYER
4000 Metropolitan Drive, Suite 201
Orange, CA 92868
r- 'c',QVED At> 'fO t',.
- .-.. ... '"~
.'. (~........L
,'>1Ji..-J- .,. .~.. ,,,:.
.- LISA E. STORe:,
.J',ssistant City Attorn-cV
BUYER
GRANITE.MYERS.RADOS, A JOINT
VENTURE r I
By:Q~
~Q,
Date
Page 4 of 4
APN: 390-042-01
Notto Scale
For Reference Purposes Only
,
"
.
LEGEND
c:J
[llJ
santa ana copy.jpg (2550x3300x24b jpeg)
t
,,1,6
'64,88'
Lands of the City of Santa Ana
390-042-01
-"..\0
3' wide temporary construction easement
to Granite-Meyers-Rados(approximately 2,082 square feet)
Exhibit "An
351i.~'
~
~
~
~
~
40' I
N-2006-079
PROJECT DESCRIPTION:
The reconstruction ofStatc Ronte 22 (SR-22), a capital improvement project funded by the
local Measure M Program, involves the widening ofSR-22 bctween the SR-22
interchanges with the 1-405 and SR-55 freeways to improve capacity and operations
through this corridor.
The specific construction element that is the subject oftrus rcport is the removal of the
currcnt rear private property bonndary wall/fence (except APNs 390-181-08 and 390-181-
29, which shall remain in place) and the construction of a sound wall that will be
constructed along the rear property line, but within the State's right of way. Thc
construction in the manncr proposed will require the removal of the rear property boundary
wall/fence, the installatioo of drilled pile footings and the replaccment of the existing
wall/fcnce with a sound wall.
All improvements within the temporary construction eascment are to be protected in place.
Any soil, landscaping or hardscape (planter box walls, flatwork, irrigation systems, etc.)
disturbed or damaged during construction will be replaced, restored, repaired or other wise
compensatcd for by the contractor. Side walls/fences will be extended at the owner's
expense and are included as a cost-to-cure damage itcm within this valuation report.
PROPERTY DESCRIPTIONS:
Each property address and assessor's parcel number is included on the NON COMPLEX
VALUATIONS ($10,000 OR UNDER) forms included with thc valuation repOli.
METHODS OF VALUATION:
There are three conventional methods (approaches) which can bc used to estimate value.
They are the Sales Comparison Approach, Cost-Sununation Approach and Income
Capitalization Approach. Inasmuch as the purpose of this analysis is to determine thc base
underlying land value, the Sales Comparison Approach, as applied to land, is the only
approach considered applicable in the subject case.
SALES COMPARISON APPROACH:
The Sales Comparison Approach takes into account propertics which have sold in the open
market. This approach, whethcr applied to vacant or improved property, is based on the
Principle of Substitution which states, "Thc maximnm value of a property tends to be set
by the cost of acquiring an equally uesirable substitutc property, assuming no costly delay
is encountered in making the substitution." Thus, the Sales Comparison Approach
attempts to equale the suhject propcrty with sale properties by analyzing and weighing the
various elements of comparability.
The Sales Comparison Approach was utilized to estimate the value of the subject land
parcels after an investigation and analysis was conducted of the sales within the subject
vicinity. Due to the built-up nature of the immediate neighborhood, and resultant lack of
sales involving vacant residential land, our search for sales data was expanded to include
fairly distant sales as indicators of value. They are summarized below:
Data Sale Date APN Zoning Land Area Land Value $/SF Land
A 10/05 094-233-11 R-I 8,100 $290,000 $35.80
B 10/05 292-441-02 R-l 77,690 $2,150,000 $27.67
C 07/05 198-261-26 R-2 51,692 $1,355,500 $26.22
198-261-33
D 02/05 108-731-06 R-I 14,200 $500,000 $35.21
E 09/04 398-182-03 R-2 6,250 $239,000 $38.24
F 12/03 198-252-68 R-2 7,500 $198,000 $26.40
G Asking 408-336-17 R-I 14,080 $305,000 $21.66
H Asking 398-181-11 R-2 9,000 $449,000 $49.89
The land value indicators surveyed range in size horn 6,250 to 77,690 square feet, and
represent recent sale transactions in the general subject market area. The land value
indications range horn $21.66 to $49.89 per square foot ofland area.
All of the sale transactions conveyed title to the lee simple interest. Financing terms of
each sale were generally typical considering current market conditions, and all represent
arm-length transactions. No adjustments, therefore, were warranted for property rights
conveyed, financing, or conditions of sale.
Certain of the land value indicators considered extended over a time period back to the last
quarter of2003. The time frame permitted the development of a rather comprehensive real
estate market prollle lor the subject residential community. The sales employed in this
report are set forth in chronological order, except for the two listings, and took place
between Deeember, 2003 and October, 2005. Differing market conditions among the
various sale dates were considered in the analysis of the land value indicators.
After viewing each of the sale properties, and obtaining certain information pertinent to
land value, the appraiser analyzed the various elements of comparability for each sale
property which, among others, include the immediate environnlental influences,
vehicular/pedestrian access, availability of secondary access, land configuration, land size,
etc.
Overall marketability of each sale property was also considered. Marketability is the
practical aspect of selling a property in view of all the elemcnts constituting value, and
certain economic and linancing conditions prevailing as oftbe datc of sale.
As previously stated, all of the sales employed herein are located within the immcdiate
subject residential community. All of the properties arc similar with respect to locational
characteristics; certain ofthc sales back to relatively beavily traveled thoroughfares, as in
thc subject case.
CONCLUSlON OF UNIT VALUE:
Based on an analysis ofthe land value indicators, which considered thc date of sale,
various elements of comparability (when compared to the subject site), as wcll as the
appreciating value treud in recent years, the valuc of the subject rmderIying land parccl is
estimated at:
$40.00 per square foot
The monetary compensation for the temporary construction easement amounts to the rcntal
value ofland. The applicable rate of return is based on an analysis of consummated land
lease transactions in the greatcr Southern California area. Typical land lease rates generally
range between 7% and 10% of the nnencumbered fee simple land value. Forthc purpose
of this analysis, and in consideration of the relatively short teml, an aImual rate of I 1%
(10% annual rate, plus I % for estate taxes) is considered applicable to the subject property.
As stated, the temporary construction easement is estimated to be in place for a period of
six months.
COST TO CURE:
The proposed sound barrier wall will be located on the State Freeway right of way, thus,
creating a small gap between the existing side wall or fence and the new sound wall. In
order to mitigatc this effect, the property owner shall be compensated the estimated cost to
extend the side wall or fcnce using similar material. Where the adjoining property owners
share a common wall or fence, the estimate cost has divided equally with the intent that
each owner will share in his/her proportionate cost to construct the extensions. This is
considercd a cost-to-cure item, which has been estimated at $500 for wall or I"mce end
posts and for the "small job premimu" aspect of the work involved.
ASSUMPTIONS:
It is assumed that thc project contractor will either protect in placc or replace, repair, or
restore in kind any privately owned improvements impacted daring the construction period.
A compensation allowance for same, therefore, is not warranted or included.
INDIVIDUAL PARCEL VALUATIONS:
Based on the foregoing, the total estimated just compensation applicable to the proposed
temporary construction easement for each parcel required for this project is snmmarized on
the following NON COMPLEX V ALUA nONS ($10,000 OR UNDER) forms.
Page 1 of2
NON COMPLEX VALUATIONS ($10,000 OR LESS)
N/A
Fed. Proj. No.
390-042-01 sw- 206 12/SRWR
Parcel AR# DistlReg
ORA
Co
22
Rte
lU.48/2I.19
KP (p.M.)
EA071611
Exp Auth
DATE OF VALUE: November 11,2005
OWNER~ City of Sanla Ana
PROPERTY IDENTIFICATION: 2736 Cambridge Street, Santa Ana, CA
APN: 390-042-01
INTEREST APPRAISED: Temporary construction easement with a term of six months.
ARJ]A TO BE ACQUIRED: 2,082 sq. ft. (no appraisal map)
PROJECT DESCRIPTION: SR-22 widening between the 1-405 and SR-55 interchanges
PROPERTY DESCRIPTION: Vacant Land
HAZARDOUS WASTE CLEARANCE: N/ A (TeE}
ZONING and HIGHEST and BEST USE: R-l (Single Family Residential). Existing subject development
represents the highest and best use of the subject property.
S uare Feet
2,082
Pro e Value
$40.00/Sq'
l Rate*
0.11
I Term**
05
~ Land Value
$4,580.40
IMPROVEMENTS:
NONE
DAMAGES: Cost- To-Cure - $0
(Reconnect sidewalls/fences from existing sidewalls to new sound wall)
PARCEL VALUATION: $4580.40
OFFER AMOUNT:
$4600.00
OTHER PERTrNTINT DATA: It is assumed that the project contractor will either protect in place or
replace in kind any privately owned improvements impacled by the
proposed sound wall construction project.
*10% annual rate, plus 1% [or estate taxes
**Sixth month duration ofthe project, or half uf (Jne year (the Rate is calculated per annum)
NON COMPLEX VALUATIONS ($10,000 OR LESS) (Cant.)
RW 7-14 (Rev. 1/98)
The valuations contained herein are cunfidential and have been prepared for OCT AlGMR use only as a
basis for negotiations. In the event the alIlount estimated as just compensation is rejected, an aclual appraisal will
need to be prepared prior to initiating the eminent domain process.
The undersigned evaluated the properties contained herein and recommend approval ufthe values
contained in this report.
(1"/. '. =.,~
-- (. p
, ----
RightilfWay Agent
~ ----
The undersigned have reviewed and approved this report and certifY that the requirt:ments of the RIW
Manual have been met.
Project Manager
By:
Date:~
VALUATION WORKSHEET
Proiect Ref:
Prop. Address:
SR-22
Vacant Land
Owner:
Occuoant:
City of Santa Ana
N/A
tiB . .. ;.~j:'\;'i - f . Val~ .
> >.
No. Description Quantity . . 0 00 . Ie;
'5i:i: E EO;
~ .. . ~.. .. .. "" C;.
" 0 ""
...
1 Planter Walls Lf f;.... ..' .
2 Planter Edging Lf :, .~; "'. "':
;
3 Concrete Paving Sf I;;;; .. .. .... ;'..
4 Irrigation System Sf .' ;..; "f. :
5 Ground Cover Sf .'.~ I .;;) .
6 Lawn Area Sf .;.~; .: ."
7 Small Shrubs ~";;;";'
8 Medium Shrubs . ~
9 Large Shrubs ". .; . '.
10 Small Trees .-;;i" :
11 Medium Trees ..,~. ;';; ;: .
12 Large Trees ..;.;.. -. ; ".; ;;;;..
13 Shed I Storage Unit ~ir . .f'" ';; '.'
14 Pool I Equipment .: ;;';; ). '.
15 Other . . ....:.;.~
16 Cost to Cure side fencing* ; '.;. ';.'. .
SITE IMPROVEMENTS
*The Cost to Cure side fencing amount is divided equally between shared wall I fence owners to. upon completion of the sound wall,
construct connective fencing in the estimated two foot gap between the walls I fences and the sound wall
All improvements within the temporary construction easement are to be protected in place_ Any soil, landscaping or hardscape (planter
box walls, f1atwork, irrigation systems, etc.) disturbed or damaged during construction will be replaced, restored, repaired or other wise '
compensated for by the contractor.
Space Valuation: $0
Personal Inspection:
Accompanied By:
I Date:
-I
APN: 390-042-01
Not to Scale
For Reference Purposes Only
...
r-:
1\I
1~4,8ei
LEGEND
390-042-01
:xV)
Lands of the City of Santa Ana
I I
r II ~
3' wide temporary construction easement
to Granite-Meyers-Rados(approximately 2,082 square feet)
Exhibit "A"
35M9'
~
~
~
~
~
G
40'
,,",
-
STATEMENT OF INFORMATION
Fidelity Tille &.Escrow maintains procedural safeguards thLlt comply with feeier-al slandards 10 protect the confidentiality and security of non-pubfic personal
infonnatlon. I hiS statement will serve to establish ide~tlly. eliminate matters affeding persons of similar name, proted you against forgeries, and speed
the completion of YOlJrfitle and escrow services.
rOMPLh'TlON OF T"TS FORM WTLT, HXPTiDTTE YOUR ORDER AND WILL "ET,P PROTHer VOTI.
Confidential information to be used in conjunction with order no.
NAME
FIRST
MILlDLE
LAST
YEAR OF BIRTH
SOC!Al. SF:CURITY NUMBER
lAX ..-i) =-
BIRTIIPALCF
J HAVE LIVED IN CALIFORNIA SINO:':
FIRST
MIDDLE
LAST
HIRTHPALCE
YFAR OF BIRTH
SOCIAL SECURITY NUMBER
I HAVE LIVED IN CALIFORNIA SINCE
WE WERE N1ARRfED ON ---1--1_AT
WIFE'S MAIDEN NAME
MY DmVER'S LICENSE NUMBER (STATE)
MY SPOUSE'S DRIVFR'S LICENSE NUMBEK (STATE)
RESIDENCE'S) FOR LAST 10 YEARS
---.........................................
NUMBER AND STREET
Glry
mOM
TO
~
NUMBFR AND STREET
CI
FROM
TO
NUMBER AND STRI:.I:. T
Gny
FROM
TO
..---
NUMBER,,~STREET
CITY
FROM
........................... ................................---......--................................................
TO
HUSBAND
OCCUPATION(S) FOR LAST 10 YEARS
PRESENT OCCUPATION
FIRM NAME
ADDRESS
~'
-~
NO. YEARS-
PRESENT OCCUPATION
WirE
FIRM NAME
DDRI::SS
NO. YEARS
PRESf::NT OCCUPATION
ME
ADDRESS
NO. YEARS
PRESENT occur
FIRM NAME
ADDRESS
NO. YEARS
~-
............................
FORMER MARRIAGES
IF NO FORMER MARRIAGES, WRITE "NONE"
NAME Of- fORMER WIFE
DECEASED ( ) 0
/ /
DATE FINAL
WHERE
NAMF OF FORME
AND
DECEASED ( ) DIVORCED (
/ /
DATE FINAL
WHERE
-.................................. ......
T I:: STREET ADDRESS or TilE PROPERTY IN THIS TRANSACTION IS:
SIGNATlJRF
DATE_f_f~
SIGNATURE
DATE_f _/~
~
HOME TELEPHONE
L-J
BUSINESS PI-IONI:;:
PURPOSE OF THIS FORM
!l Is necessary to fill aut this form completely. as the information cont;'!ined IleJein wJII assist us to process you escrow more accurately and avoid lime delays. The
gr~1wirlg population or-Califomia has gre311y ot1e:clcd the processing of rea! esti'ite t~nsaCUOIl$, in that that are many people: With names thOlt are the silm: OJ ~imilar
10 YOIJr OWI1. Wlu:'rJ the title company searches the title of the property in this escrow, they want to make $ure that they there are no Judgments. bankruptcies, Income
lax lIens or any other sitlJC'ltiolllhallllay effect you or the property. The information on thiS form allows them 10 rejecl ail matters that do not effect you.
.
N-2006-079
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Orange County Transportation Authority
550 South Main Street
Orange, CA 92863-1584
Attention: Gina Gallagher
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Transfer Tax
Pursuant to R& T Code !i 11922
(Space above this line for Recorder's use)
TEMPORARY CONSTRUCTION EASEMENT
Orange County
Assessor's Parcel Number: 390-042-01
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Citv of Santa Ana. a chartercitv and municipal corporation ("Grantee")
HEREBY GRANTS TO THE
GRANITE-MYERS-RADOS, A JOINT VENTURE ("Grantor")
A Temporary Easement for purposes incidental to construct the proposed improvements
to widen State Route 22, in, on, over and across that certain real property in the City of
Santa Ana, County of Orange, State of California, depicted on Exhibit "A", which exhibit
is attached hereto by reference made a part hereof.
It is understood that said Temporary Easement shall extend for a period of six (6)
months commencing forty-eight (48) hours after Grantee provides written notification to
Grantor of its intent to commence construction.
In the event said actual use by Grantee, its authorized agents or contractors extends
beyond the prescribed period of time, the Grantee shall pay the Grantor at the same
contract rate of $767.00 per month, prorated to the actual date said use is terminated.
It is further understood that when the use of said Temporary Easement is no longer
required, which shall not extend beyond the completion of the construction project, said
parcel shall be cleared of all debris and left in a neat, clean and presentable condition.
IN WITNESS WHEREOF, the Grantor hereto has caused this Temporary Easement
Deed to be exe d as of this / 'i day of ,Tune. 1006.
//.r---
BY, .
BY:
DAVID N. REAM, CITY MANAGER
CITY OF SANTA ANA
.E iR8VEil AS cfe p,,"
{5ti~/~ f..~;:C.;::._..
LISA E. STORCK
t,ssistant City Attorney
ATRICIA HEALY, C ERK 0
COUNCIL
santa ana COPJ'.jp9 (2550x3300x24b jpeg)
APN: 390-042-01
Not to Scale
For Reference Purposes Only
,
"
N
'...ea'
LEGEND
c:::J
EZ2l
;A\O
lands of the City of Santa Ana
t
"..
390-042-01
3<*.S"
3' wide temporary construction easement
to Granite-Meyers-Rados(approxlmately 2.082 square feet)
Exhibit "AD
Iij
I:l
~
~
~
~
40'1
/v~,2o~-o 79
~!'r1
CITY OF SANTA ANA
PUBLIC WOR.KS AGENry
20 Civic Center Plaza
P.O. Box 1988, M-36
Santa Ana, California 92702
TRANSMITTAL
TO: rlerk of the Council
DATE: August 2, 2006
A TTN: Pat Jacquez
SlIBJECT: Requests for signature on TCE Agreement and TeE
WE ARE ENCLOSING:
THE FOLLOWING:
FOR:
x
Under Separate Cu\'cr
Here\vith
YiaMail
Letter
Plans
_^__ Specifications
x Originals
Agreements
Dra\\.'ings
Other
x
Your Review
Your Approval
Your Information
Your Files
Your Use
Your Signature
Your Comment
REMARKS: OCT A has requested a Temporary Construction Easemen! on a City owned
parcel adjacent to the SR-22 Freeway. We have agreed to accept g4,600 for compensatIOn fur
LIse of a J-foot wide strip to install a sound wall on ('aaran's property. Attached are the
documents for signature. Counci I ael ion is not required.
If we may be of further a"istance, please contact me at (714) 647-5067.
Sinccl:>W.
;{~
Kent Jorgensen
Ih~OO'-0'79
Mitre-Ramirez, Norma
From:
Sent:
To;
Subject;
Storck, Lisa
Friday, August 11, 20069:22 AM
Mitre-Ramirez, Norma
RE: Agreement for Acquisition of Real Property and Joint Escrow Instructions
Norma - the city is not spending any money, we are granting a temporary easement for freeway construction. The City is
the "Seller" in this contract, so the City will be receiving payment of $4600 for the term, then rent of $767 if they are not
finished with the road work. This does not need council approval.
Lisa E, Storck
Assistal1t City Attorney
(714) 647-5201
From: Mitre-Ramirez, Norma
Sent: Wednesday, August 09, 20064:29 PM
To: Storck, Lisa
Subject: FW: Agreement for Acquisition of Real Property and Joint Escrow Instructions
In addition, agreement indicates (on page 4) that, "In the event said actual use by Buyer, its authorized agents or
contractors extends beyond the prescribed period of time, the Buyer shall pay the the Seller at the same contract rate of
$767 per month, prorated to the actual date sai use is terminated."
<<File: N-2006-079 - Granite-Myers-Rados.pdf>>
-----Original Message--u-
From: Mitre-Ramirez, Norma
Sent: Wednesday, August 09,20064:13 PM
To: Storck, Lisa
Subject: Agreement for Acquisition of Real Property and Joint Escrow Instructions
Hello Lisa - Just want to confirm that the above-mention agreement will not exceed 10,000. Agreement mentions a
purchase price of $4,600. In addition, it also reads that "Buyer (Granite-Myers-Rados) agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which arise in escrow." Please advise.
Thank you.
1