HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY (9) - 2008q_y008A41
U 1 C4A ~ l~,I ce. THE CITY OF SANTA ANA, CALIFORNIA
Tua~+~iu p~EVre«~ct
AGREEMENT FOR ACQUISITION OF
REAL PROPERTY AND ESCROW INSTRUCTIONS
THIS AGREEMENT, entered into this ~~~ day of a 2008, by and between the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic,
(hereinafter referred to as the "Agency") and the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as
the "City").
WITNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the
terms, conditions and provisions hereinafter set forth, Agency agrees to sell to City, and City agrees to purchase
from Agency, all that certain real property (hereinafter referred to as "said real property") described as follows:
All that certain real property located in the State of California, County of Orange, City of Santa Ana, described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 715-719 N. Concord Street, Santa Ana, CA)
Said sale and purchase of said real property shall be in accordance with and subject to all of the following terms,
conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Agency. Agency agrees to convey said real property to City, by Grant Deed, at the office
of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30)
days from and after the date on which the City has approved this Agreement.
2. Title to be Conveyed. Agency agrees that, except as may hereinafter be otherwise expressly provided,
said real property shall be conveyed by Agency to City, as aforesaid, free and clear of any and all conditions,
restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances, liens, leases,
clouds or defects in title except those exceptions shown in Paragraph 14 below. Agency hereby warrants that
the title to said real property to be conveyed by Agency to City shall be free and clear as above provided.
Agency further agrees that acceptance by City of any deed to said real property, with or without knowledge of
any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance, lien,
lease, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title
hereinabove agreed to be conveyed by Agency to City, nor of any right which might accrue to City because of
the failure of Agency to convey title as hereinabove provided.
3. Reserved.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First
American Way, Santa Ana, Califomia, (the Escrow Agent) within five (5) days from and after the date on which
the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and
the Agency and a duplicate original of this Agreement 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
Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this
reference, in writing, delivered to the City and to the Agency within five (5) days after delivery of this
Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to chazge to the City 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 conveying of said real property to City. Penalties for prepayment of bona fide
obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures
Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed
upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal yeaz within which
said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in
accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California.
Agency shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of
Califomia for that portion of property taxes on said real property for said fiscal year which have been paid prior
to the date the deed conveying said real property to City is recorded which is allocable to that portion of the
fiscal year which begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California.
All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance
is made shall be paid by Agency before conveyance of said real property to City.
6. Payment of Purchase Price. City agrees to pay to Agency, and Agency agrees to accept from City, as and
for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty),
goodwill (if any), severance damages, and relocation claims pursuant to Govenunent Code §7260 et seq., the total
sum of Five Hundred Eighty Six Thousand Dollars and No/100 ($586,000.00) City agrees to deposit said
purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the
City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Agency upon
and after:
(a) Conveyance of said real property by Agency to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Agency agrees to deliver to City, on the date the Deed conveying said real property to City
is recorded, quiet and peaceful possession of said real property, which shall be made free by Agency of all
personal property.
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8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of
Agency shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or
agreement nor a waiver of any breach of any other covenants or agreements contained herein.
9. Heirs, Assi ng s, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to
and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto.
10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to
be made, time is and shall be of the essence.
11. Permission to Enter on Premises. Agency hereby grants City, and its authorized agents, permission to
enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary
inspections.
12. Just Compensation. Agency acknowledges and agrees that said purchase price is just compensation at
fair market value for said real property and includes any and all fixtures and equipment, goodwill (if any) and
severance.
13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M 22, P.O. Box 1988,
in the City of Santa Ana 92701, County of Orange, State of Califomia. The mailing address of the Agency is 20
Civic Center Plaza, M-25, Santa Ana, California, 92702.
14. Exceptions. City agrees to accept title to said real property subject to the following:
15. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their
Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were raised
or could have been raised in connection with the acquisition of said real property by City.
16. Hazardous Waste. Neither Agency nor, to the best of Agency's knowledge, any previous owner, tenant,
occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazazdous
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. Agency 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 teen "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 (i) 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 Califomia Health and Safety Code,
Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section
25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material", "hazazdous 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
Califomia Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
(v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) 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. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
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Conservation and Recovery Act, 42 U.S.C. S6901 et sue. (42 U.S.C. S6903) or (xi) 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 sec . (42 U.S.C. S9601).
17. Compliance With Environmental Laws. To the best of Agency'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.
18. Indemnity. Agency agrees to indemnify, defend and hold the City harmless from and against any claim,
action, suit, .proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense
(including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) 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 (ii) the violation, or alleged violation, of any
statute, ordinance, order, mle, 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. Agency shall not be responsible for acts or
omissions to act post close of this escrow.
19. Contingency. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City
herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance
and approval.
20. Modification and Amendment. This Agreement may not be modified or amended except in writing
signed by the Agency and City.
21. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of
which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but
all the remaining provisions of this Agreement shall remain in full force.
22. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in constming this Agreement.
23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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24. No Reliance By One Party On The Other. Each party has received independent legal advice from its
attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof.
The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
25. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other
person or entity has or shall acquire any rights hereunder.
26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and
deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do
such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this
Agreement, without cost.
27. Apnlicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to this Agreement.
28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow
has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
30. Release. The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State
of California are hereby waived. Civil Code section 1542 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 must have
materially affected his settlement with the debtor."
Notwithstanding the provisions of Civil Code section 1542, Agency hereby irrevocably and
unconditionally releases and forever discharges the City and each and all of its officers, agents, directors,
supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under,
or in concert with the City from any and all charges, complaints, claims, and liabilities of any kind or nature
whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which
Agency at any time heretofore had or claimed to have or which Agency at any time hereafter may have or claim
to have, including, without limitation, any and all claims related or in any manner incidental to this transaction.
IN WITNESS HEREOF, the parties have executed this Agreement as of the date first written below.
BY
PATRICIA E: HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney/Agency General Counsel
Lisa E. Storck, Assistant City Attorney
Assistant General Counsel
CITY OF SANTA ANA
~~
STE EN G. H ING
Deputy City Manager for
Development Services
COMMUNITY REDEVELOPMENT
AGENCY, a public body, corporate
and politic
BY: ~~~
EPHE . HARDING
Executiv Director
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
LOT 5 AND THAT PORTION OF LOT 6 OF TRACT NO. 4159, AS SHOWN ON A MAP FILED IN
BOOK 149, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, TAKEN TOGETHER AS A WHOLE, BOUNDED SOUTHWESTERLY BY
THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION RIGHT OF WAY LINE, DESCRIBED
IN PART AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY TANGENT PROLONGATION OF THE CENTER LINE
OF CONCORD STREET (60 FEET WIDE), DISTANT THEREON NORTH 89° 43' 26" WEST, 255.15
FEET FROM THE INTERSECTION WITH THE CENTER LINE OF MABURY STREET (60 FEET WIDE),
AS SHOWN ON SAID MAP, SAID POINT BEING ON ANON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 4100.00 FEET, A RADIAL LINE TO SAID POINT BEARS.
NORTH S2° 35' Ol" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 4° 23' 24", AN ARC LENGTH OF 314.15 FEET TO A POINT ON THE
SOUTHERLY TANGENT PROLONGATION OF THE CENTER LINE OF CONCORD STREET (60 FEET
WIDE), DISTANT THEREON SOUTH 0° 30' 29' WEST, 324.68 FEET FROM THE INTERSECTION
WITH THE CENTER LINE OF FRUIT STREET (60 FEET' WIDE), AS SHOWN ON SAID MAP, AND
THE TERMINAL POINT OF THIS LINE DESCRIPTION.
TOGETHER WITH THE UNDERLYING FEE INTEREST, IF ANY, IN THE EASTERLY ONE-HALF OF
THE PORTION OF SAID CONCORD STREET, AS SHOWN ON SAID MAP, ADJOINING THE ABOVE
DESCRIBED PARCEL, LYING NORTHERLY OF SAID STATE RIGHT OF WAY LINE.
APN:400-181-29
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EXHIBIT "B"
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 aze 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 prorations 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 aze 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 aze 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 Agency agrees to sell and the
buyer agrees to buy the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, maybe 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.
s
FIUT~~==""
~ALINitJsrRI.AL DMStoN
Wllen recorded, please mail this CJ.
instrument and tax statements to:
This Document was electronically recorded by
First American Title C
A -::lOO8' -o'f (
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
TIlE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
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Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
~mllmllmll~~~I~~~~lm~~I~ NO FEE
200800020101201 :57pm 04/29/08
10428 G02 4
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A,P. RIW MAP PRomer
TAXES FORM BY ATTY. DIRECTOR WRlTfEN BY CHECKED-O.K NUMBER NUMBER NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the COMMUNITY
REDEVELOPMENT AGENCY FOR THE CITY OF SANTA ANA, 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, fee simple title to the real property in the City of Santa Ana, County of Orange, State of
California, located at 715-719 N. Concord Street, Santa Ana, California, more fully described as follows:
SEE EXHIBIT "An ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Dated
If,;..
STATE OF CALIFORNIA
COUNTY OF
}
}ss.
}
On
before me,
personally appeared
personally known to me (or 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 helshelthey executed
the same in his/her/their authorized capacity(ies), and that by his/herl
their signatures) on the instrument the person(s) or the entity upon be-
half of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State' of California '
County of Orange } SS.
On April 22, 2008 before me,
Date
Claudia M, Fernandez-Shaw, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
Stephen G. Harding
Nama(s}ofSigner(s)
I@ &:.,1': ';';";"~I
Commission # 1633539
~. Notary Public - California ~
~ . . Orang.. Caunty !
_ ~ _ ~~:...Ex~ns..~2:2~O
who proved to me on the basis of satisfactory
evidence to be the person(~ whose name(sj'
'i~:iI'e subscribed to the within instrument
and acknowledged to me that ~she/they
executed the same in .JlliiI1,e,/lI,cir
authorized capacity(ies}, and that by
~l:lerJtI,,,irsignaturete1 on the instrument the
personts), or the entity upon behalf of which
the person~ acted, executed the instrument.
I certify under PENAL TV OF PERJURY under
the laws of the State of California that the
foregoing is true and correct.
Place Notary Seal Above
ITNESS my hand and official seal.
'~
OPTIONAL
Though the information below is not required by law, 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)
Signer's Name:
o Individual
o Corporate Officer- Title(s):
o Partner -- 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT ,
OF SIGNER I
-1
'I
"
Top of thumb here
Signer is Representing:
EXHIBIT A'
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
LOT S AND THAT PORTION OF LOT 6 OF TRACT NO, 4159, AS SHOWN ON A MAP FILED IN
BOOK 149, PAGES 49 AND SO OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, TAKEN TOGETHER AS A WHOLE, BOUNDED SOUTHWESTERLY BY
THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION RIGHT OF WAY LINE, DESCRIBED
IN PART AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY TANGENT PROLONGATION OF THE CENTER LINE
OF CONCORD STREET (60 FEET WIDE), DISTANT THEREON NORTH 890 43' 26" WEST, 25S.15
FEET FROM THE INTERSECTION WITH THE CENTER LINE OF MABURY STREET (60 FEET WIDE),
AS SHOWN ON SAID MAP, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 4100.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH S20 3S' 01" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 4023' 24", AN ARC LENGTH OF 314.15 FEET TO A POINT ON THE
SOUTHERLY TANGENT PROLONGATION OF THE CENTER LINE OF CONCORD STREET (60 FEET
WIDE), DISTANT THEREON SOUTH 00 30' 29' WEST, 324.68 FEET FROM THE INTERSECTION
WITH THE CENTER LINE OF FRUIT STREET (60 FEET WIDE), AS SHOWN ON SAID MAP, AND
THE TERMINAL POINT OF THIS LINE DESCRIPTION.
TOGETHER WITH THE UNDERLYING FEE INTEREST, IF ANY, IN THE EASTERLY ONE-HALF OF
THE PORTION OF SAID CONCORD STREET, AS SHOWN ON SAID MAP, ADJOINING THE ABOVE
DESCRIBED PARCEL, LYING NORTHERLY OF SAID STATE RIGHT OF WAY LINE.
APN: 400-181-29
t.-v' -IO'..~ II
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ATTACHMENT TO GRANT DEEDIDEED OF TRUST
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
This is to certify that the interest in real property conveyed by the Grant Deed or
Deed of Trust from the Grantor, to the City of Santa Ana, a charter city and municipal
corporation, is hereby accepted by the undersigned officer or agent on behalf of the City
of Santa Ana, pursuant to authority conferred by an adopted resolution of the City of
Santa Ana, and the Grantee consents to recordation thereof by its duly authorized officer
or agent.
By !t,-1.7fi D,"
Stephen . Harding
Deputy City Manager for Development Services
If,;"~
~~e~~~~~
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
LOT S AND THAT PORTION OF LOT 6 OF TRACT N0. 4159, AS SHOWN ON A MAP FILED IN
BOOK 149, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, TAKEN TOGETHER AS A WHOLE, BOUNDED SOUTHWESTERLY BY
THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION RIGHT OF WAY LINE, DESCRIBED
IN PART AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY TANGENT PROLONGATION OF THE CENTER LINE
OF CONCORD STREET (60 FEET WIDE), DISTANT THEREON NORTH 89° 43' 26" WEST, 255.15
FEET FROM THE INTERSECTION WITH THE CENTER LINE OF MABURY STREET (60 FEET WIDE),
AS SHOWN ON SAID MAP, SAID POINT BEING ON ANON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 4100.00 FEET, A RADIAL LINE TO SAID POINT BEARS.
NORTH 52° 35' Ol" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 4° 23' 24", AN ARC LENGTH OF 314.15 FEET TO A POINT ON THE
SOUTHERLY TANGENT PROLONGATION OF THE CENTER LINE OF CONCORD STREET (60 FEET
WIDE), DISTANT THEREON SOUTH 0° 30' 29' WEST, 324,68 FEET FROM THE INTERSECTION
WITH THE CENTER LINE OF FRUIT STREET (60 FEET WIDE), AS SHOWN ON SAID MAP, AND
THE TERMINAL POINT OF THIS LINE DESCRIPTION.
TOGETHER WITH THE UNDERLYING FEE INTEREST, IF ANY, IN THE EASTERLY ONE-HALF OF
THE PORTION OF SAID CONCORD STREET, AS SHOWN ON SAID MAP, ADJOINING THE ABOVE
DESCRIBED PARCEL, LYING NORTHERLY OF SAID STATE RIGHT OF WAY LINE.
APN:400-181-29
MEETING DATE:
REQUEST FOR COUNCILI
AGENCY ACTION
CLERK OF COUNCIL USE ONLY:
APRIL 7, 2008
JOINT PUBLIC HEARING - SALE OF
AGENCY-OWNED PROPERTY LOCATED AT
715-719 NORTH CONCORD STREET
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
TITLE:
CONTINUED TO
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FILE NUMBER
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CITY MANAGER
RECOMMENDED ACTION
CITY COUNCIL
Adopt a resolution making certain findings with respect to the
consideration to be received by the Community Redevelopment Agency
pursuant to a Purchase and Sale Agreement between the Agency and the
City for the sale of property located at 715-719 North Concord Street
and authorizing the Deputy City Manager for Development Services to
execute all required documents.
COMMONITY REDEVELOPMENT AGENCY
Adopt a resolution authorizing the sale of Agency-owned property located
at 715-719 North Concord Street and authorizing the Executive Director
to execute all required documents.
DISCUSSION
The Community Redevelopment Agency has purchased a number of properties
over the years for the development of very low-, low- and moderate-
income housing. California Community Redevelopment Law restricts the
length of time an Agency may hold land for future development to ten
years. Currently, the Agency owns two lots that will soon exceed this
time limit. In order to comply with State law, the Community
Redevelopment Agency will sell the property located at 715-719 North
Concord Street (Exhibit 1) to the City of Santa Ana for its appraised
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Joint Public Hearing - Sale
of Agency-Owned Property
April 7, 2008
Page 2
value of $586,000. The intent is to ultimately develop this site in a
manner consistent with the surrounding neighborhood.
ENVIRONMENTAL COMPLIANCE
In accordance with the California Environmental Quality Act, this
proj ect is exempt from further review. Categorical Exemption No. ER
2008-70 will be filed for this project.
FISCAL IMPACT
Funds for the acquisition of this property are available in the Capital
Outlay Fund Non-Departmental Land account (account no. 051-012-6611).
Proceeds from the sale of the property to the City of Santa Ana will be
deposited in the Agency's Housing Set-Aside Sale of Land account
(account no. 507-01-5721).
APPROVED AS TO FUNDS AND ACCOUNTS:
Shelly
Housing anager
Community Development Agency
~jA. ~~~
~~ncisco Gutierrez
V-Executive Director
Finance and Management Services
SGH/SLB/mlr
040708 JT PH CC-CRA SaleAgenProp719Concord
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STAFFORD ST.
STAFFORD ST.
FRUIT
SIXTH
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CONCORD ST.
715-719 North Concord Street
Exhibit 1
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3121/08 LES
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SALE OF AGENCY OWNED
PROPERTY LOCATED AT 715-719 N. CONCORD STREET;
AUTHORIZING THE DEPUTY CITY MANAGER FOR
DEVELOPMENT SERVICES TO EXECUTE DOCUMENTS AS
NECESSARY; AND MAKING CERTAIN FINDINGS WITH
RESPECT THERETO. ON BEHALF OF THE CITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares
as follows:
A. Pursuant to Sections 33334.2(a) and 33334.6(c) of the California Community
Redevelopment Law (California Health and Safety Code Section 33000 et sea.) not less
than 20 percent of all taxes which are allocated to the Community Redevelopment Agency
of the City of Santa Ana ("Agency") are set aside by the Agency in a Low- Moderate-Income
Housing Fund and used by the Agency for the purpose of increasing. improving and
preserving the community's supply of low and moderate housing available at affordable
housing costs to persons and families of low- and moderate-income. including very-Iow-
income persons.
B. The Agency has purchased a number of properties over the years for the development
of such low and moderate income housing.
C. California Community Redevelopment law (Health and Safety Code section 33334.16)
currently restricts the length of time that an Agency can hold land for future development to ten
years. The property located 715-719 N. Concord Street (''the Property") will soon exceed the
legal time limit.
D. The Agency proposes to sell the Property to the City of Santa Ana at the current
appraised value, pursuant to the terms and provisions of a Purchase/Sale Agreement
(hereinafter referred to as the "Agreement").
E. The City has duly considered all of the terms and conditions of the proposed sale. and
believes that the proposed sale is in the best interests of the City and the health, safety,
morals and welfare of its residents, and in accord with the public purpose and provisions of
applicable state and local laws and requirements.
F. The City and Agency held a public hearing on the proposed Project and the Agreement
as required by Section 33433 of the Community Redevelopment Law. after having duly
provided notice of such public hearing in accordance with state law.
G. The proposed sale of the Property is exempt from further review and in accordance with
the California Environmental Quality Act, Categorical Exemption ER No. 2008-70 will be filed
for this project.
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H. The City recognizes that it has received and heard all oral and written objections to
the proposed sale of the Property, and to other matters pertaining to this transaction, and
that all such oral and written objections are hereby overruled.
I. The City hereby finds and determines that the information set forth herein is true and
correct.
J. The City hereby finds and determines that the sale of the Property will bring the Agency
into compliance with Redevelopment law.
K. The City hereby approves the sale and purchase of the Property.
Section 2. The Deputy City Manager for Development Services or his/her designee is
hereby authorized, on behalf of the City, to execute such documents that are to be signed by the
City in connection with the sale and purchase, and to make such changes of a non-substantive
nature to such documents as the Deputy City Manager for Development Services shall deem
appropriate. A copy of any such documents, when executed, shall be placed on file in the office of
the Clerk of the Council.
Section 3. The Deputy City Manager for Development Services is hereby authorized, on
behalf of the City, to sign all documents necessary and appropriate to carry out and implement the
sale and to administer the City's obligations, responsibilities and duties to be performed.
Section 4. Proceeds of the sale of said Property to the City shall be deposited into the
Agency's Housing Set-Aside fund.
Section 5. The Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
2
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ADOPTED this
day of
,2008.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Council members:
Miguel A. Pulido
Mayor
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution
No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana
on
Date:
Clerk of Council
City of Santa Ana
3
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