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Home My WebLink AboutGONZALEZ, JUAN AND ANA MARIA-2008• INSURANCE NOT REQUIRE ,,, N-2008-102 ' WORK MAY PROCEE CLERK Of COUNCIL PURCHASE AND SALE AGREEMENT DATE; ~-~ 5 `U~ AND BILATERAL ESCROW INSTRUCTIONS U - Pul A ~ ~) FOR ACQUISITION OF REAL PROPERTY C~nc( C arnez ~ THIS AGREEMENT ("PSA"), entered into on _~u,2~ ~`] ,2008, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of Califomia ("City" or "Buyer"), and Juan and Ana Maria Gonzalez ("Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, a portion of that certain real property ("Said Real Property") legally described and depicted as follows: SEE Exhibit "A" -Legal Description and Exhibit "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1235 West Raymar Street, Santa Ana, California 92703) Said purchase and sale 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 Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveyed. The Seller's interest to the Real Property will be conveyed to City by Seller by Grant Deed as set forth in Exhibit "C" to this PSA. 3. Prooerty Taxes. Real property taxes, if any, on Said Real Property for the fiscal year 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 and 5081 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 Seller before conveyance of Said Real Property to City. 4. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as the full purchase price for Said Real Property, including payment for fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance damages (if any), access rights during construction, and any and all other interests for which compensation could be owed, the total sum of EIGHT THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($8,875.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of EIGHT THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($8,875.00) to Page 1 of 9 ~.,• .r+ Seller within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property. 6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. 7. Possession. Seller 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. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller 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 Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Par[ies 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. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to recordation of the Grant Deed for the purpose of making necessary inspections. 12. Notices. The mailing address of City is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the city of Santa Ana 92701, County of Orange, state of California. The mailing address of the Seller is: Juan and Ana Maria Gonzalez 1235 West Raymar Street Santa Ana, California 92703 13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or that could have been raised in connection with the acquisition of Said Real Property by City. 14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to Seller before September 31, 2008. 15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and Page 2 of 9 a., ~-~' 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, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 16. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 17. Partial Invalidity. Any provision of this PSA that is determined by a court of law to be unenforceable or invalid or which would adversely affect the validity, legality, or enforceability of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 18. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 19. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 20. No Reliance By One Party On The Other. Each Party has received independent legal advice from its attorney(s) with respect to the advisability of executing this PSA and the meaning of the provisions contained herein. The provisions of this PSA 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. 21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 22. Duty To Cooperate Further. Each Party hereby agrees that it shall, upon request of the other Party, 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 PSA. Page 3 of 9 - .....; 23. Applicabilitv of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit ofthe successors and assigns of the Parties to this PSA. 24. Authoritv to Execute Agreement. Each of the undersigned represents and warrants that it has the power, authority and right to bind their respective Parties to each of the terms of this PSA, and agrees that it 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. 25. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: .~ ~t' ~d~L;;- Date: c/z 7 ~ I ,2008 ~ ~~ Ana Maria Gonzalez Date: ? - 2 7 - ,2008 City/Buyer City OfU,r .- r; (.2- David N. Ream City Manager Date: f/I '-f ,2008 /7 ~ Patricia H. Hear City Clerk Date: ?//5 . ,2008 Approved as to Form and Content: Joseph W. Fletcher City Attorney os' andoval Se or Managing Assistant City Attorney Date: '\~,.)e.. S- ,2008 Page 4 of9 ... ~' EXki1BIT„uA,~ LEGAL DESCRIPTION {APN 010-261-18} THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 23 OF TRACT NO. 1470, AS RECORDED IN BOOK 44, PAGE 25, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED A5 FOLLOWS: BEG{NNING ATTNE SOUTHWEST CORNER OF SAID LOT 23; THENCE ALONG THE WESTERLY LINE OF SAID LOT 22, NORTH 1°11'55` EAST 10.08 FEET TO THE BEG{NNING OF A NON TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 95:00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 36°05'36" WEST; THENCE SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 9°03'10", AN ARC LENGTH OF 15.01 FEET TO A COMPOUND CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 25°50'31", AN ARC LENGTH OF 11.28 FEET TO A POINT OF CUSP ON THE SOUTHERLY LINE OF SAID COT 22; THENCE ALONG SAID SOUTHERLY LINE, NORTH 88°48'05" WEST 23.83 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 87 SQUARE FEET (0.0020 ACRES}, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HA5 BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. RICHARD C. MAHER, P.L.S. 7564 DATE LICENSE EXPIRES 12-31-07 ' Page 5 of 9 `..~ _ _ 588'48'05"E ~--W. RAYMAR 5T. SCALES 1" = 30' ~ KDM Meridian Inc. , 22541 Aspan Street Suiie. C ~ Lake Foresi, CA 92630 Phone: 949-76d-0731 Fax: 949-768-3731 Arhl 0~0-~8~-~s AREAS B7 S.F. / OAC20 AC. t THIS PLAT ACC~MPANLS A LEGAL DESCRIPTIDN WRITTEN BY ME OR UNDER MY DIRECTION. ~~~~~ ~. RICHARD C, MAHER, PLS 7564 Page 6 of 9 f, ~ L'XFIIBPI' "S" i "_ PLAT 'TO ,4000MrANY L.EG.AL :~".1llr'TION 1'-1- - -, i If) . Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M.36 Santa Ana, California 92701 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE 200900004203810:06am 01130/09 11645 G02 4 0_00 0_00 0_00 0_00 0_00 0_00 0.00 0.00 When recorded, please mail this instrument and tax statements to: Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 tf CANCEL TAXES X APPROVED BY DIRECTOR DeSCRIPTION CHECKED-Q K I k,i I II f SPACE ABOVE THIS LINE FOR RECORDER'S USE AGENCY(IES) PUBLIC WORKS DeSCRIPTION WRITTEN BY R/W MAP NUMBER PROJECT NUMBER 00-1500 82eto DEED NUMBER 1235 West Ra mar, Santa Ana CA GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Juan Gonzalez and Ana Maria Gonzalez, Husband and Wife as joint tenants. Do 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, easement for public right-of-way purposes in, on, over under, and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1238 Pine Street, iegally described as follows: SEE EXHBIT "A" _ Legal Description and EXHBIT "B" - Graphic Depiction, Attached Hereto; ( ~ .-~ /' f).. 4tan Gonzaiez./ I /J ~$f~~ Ana Maria Gonzalez ~ Date; r:; - 2. 7 - 0 ~008 Date:.L- ~ 7- 0 :?f2008 STATE OF CALIFORNIA 0 (1~ COUNTY OF --V On ~-v1 _,~08,beforeme, ~V(ji{,.personallyappeared 1'\ 6-'Jl.1i ~. IA , who proved to me on e basis of satisfactory evidence to be the pers~ whose nam . subscribed to the within instru ent an acknowledged to me that~executed the same in ~ authorized capaci~), and that by ~ignatur~ on the instrument the person~r the entity upon behalf of which the persol\@ acted, executed the instrument. I certify under P~NAL TV OF PERJURY under the iaws of the State of California that the foregoing paragraph is true and correct. =~~...~ I.. L. KANE ~ ~ COUY.' 164"56 Ul III MOTAlIY PUIlIC-Co\IlIOIlMIA ~ 0..... c...... .. ~ Uy CooIM. e".fu, 21,2010 t CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by deed dated from v~610JlJz~u::z.iAw-wa.t~ C.OM~ to the City of Santa Ana, a charter city and Municipal corporation duly organized under the Constitution and laws of the State of California, is herby acknowledged 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, 1998, in compliance with California Government Code Section 27281 and the grantee consents to recordation by its duly authorized officer. tLdt2 David N. Ream PROOF OF EXECUTION BY A SUBSCRIBING WITNESS STATEOF CI2l\\~i\i~ COUNTY OF OfG.'I\M.. r On ~.l~'o& befm.me personally (Date) (Na APpeared~~i.1.,. ~OMt1-,who proved to me on the basis of satisfactory (Name of person slgning) evidence to be the personC1) whose name(t) is/~ subscribed ~ the within instrument and acknowledged to me that 1)i/she/tl}iy executed the same in h~her/*,eir authorized capacity(i~, and that by hft/her/thri'r signature(f) on the instrument the personlt), or the entity upon behalf of which the person(/) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature 0 ,. ~ I ....., MIo . ~1If..JlStI>. I 004lf~ CoUnly J.. _, _ _ ~"r:-It": ~~! J (Seal) .1 ~ctaist~:i~~„ LEGAL DESCRIPTION (APN 010-281-18) THAT CERTAIN PARCEL OF LAND tN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 23 OF TRACT NO. 1470, AS RECORDED IN BOOK 44, PAGE 25, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED A5 FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF SAiD LOT 23; THENCE ALONG THE WESTERLY LINE OF SAID LOT 22, NORTH 1°11'55" EAST 1D.08 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 95:00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 36°05'38° WEST; THENCE SOUTHEASTERLY ALONG SAID NON-TANGENT GURVE THROUGH A CENTRAL ANGLE OF 9°03'10", AN ARC LENGTH OF 15.01 FEET TO A COMPOUND CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 25°50'31", AN ARC LENGTH OF 11.28 FEET TO A POINT OF CUSP ON THE SOUTHERLY LINE OF SAID COT 22; THENCE ALONG SAID SOUTHERLY LINE, NORTH 88°48'05" WEST 23.83 FEET TO THE POINT OF BEGINNING. THE ABOVE DESORIBED PARCEL OF LAND CONTAINS 87 SQUARE FEET (O.D020 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B°, ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. RICHARD C. MAHER, P.L.S. 7564 DATE LICENSE EXPIRES 12-31-07 Page 8 of 9 ~..~ t i N O (~ !1L m GXHI~iT "~" ~ PLOT ~"O ~GGOMP~+kY 1.C6.,4L -~GRIPTION _ _ 588'4$'05"E ~W. RAYMAR ST. SCALES 1" = 30' ~ _ __ AREAS 87 S.F. / O.OD20 AC. '! ~ KDM Meridian, Inc. ~2y~~c~~R, 22541 Asoan Street, Suite. C THIS P±AT ACCGMPANIES A LEGAL DESCRiPTICN ~ ~ ~ Lake Forest, CA 92630 WRITTEN BY ME ^R UNDER MY DIRECTION. * EXP.t ~ Phone: 949-768-0731 N0. 7564 Fox: 949-768-3731 Q L ,~ `d / 307 ~,~F ~ ~P~ 0~~~'28~~~8 RICHARD C, MAHER, PLS 7554 -ATE t OF'CA4 Page 9 of 9