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HomeMy WebLinkAboutPRIETO, CHARLES L. AND CONSTANCE S. - 2008 • N-2008-135 INSUitANCE NOT REQUIRED - • WORK MAY PROCEED PURCHASE AND SALE AGREEMENT CLERK Of COUNCIL AND BILATERAL ESCROW INSTRUCTIONS DATE: Iv' ~ FOR ACQUISITION OF REAL PROPERTY o: ~w~(~) C~~do.~ Ga+~-e-z- THIS AGREEMENT (hereinafter "PSA"), entered into on CX+o6w C~ 2008, / between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Charles L. and Constance S. Prieto (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their promises, covenants and agreements hereinafter set forth, 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 portion of 1305 West Raymar Street, Santa Ana, CA) 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 Real Property will be conveyed by Seller to City by Seller by Grant Deed. 3. Proaerty 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. 6. Pavment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for 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 interest for which compensation could be owed, the total sum of TWO THOUSAND SEVEN HUNDRED FORTY-FIVE DOLLARS LS~ AND NO/100 DOLLARS ($x,745). 1 7. Deadline of Pavment of Purchase Price. City agrees to pay the purchase price of TWO THOUSAND SEVEN HUNDRED FORTY-FIVE DOLLARS AND NO/100 DOLLARS (9ij~,745) to Seller within THIRTY (30) days from receipt of fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property. ~7~ 8. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. Page I of 9 Seller's Initials 7. Possession. Seller agrees to deliver to City, on the date the Grant 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 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 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. 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 the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: 1305 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 Part if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to Seller before October 31, 2008. 15. Indemnity. Seller 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. 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. Page 2 of 9 ~ Seller's Initials 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 enforcement 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 Partv 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 Partv 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 Cooaerate 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 Parry 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. 23. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this PSA. 24. Authority to Execute Agreement. Each 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. Page 3 of 9 ~ C ~ Seller's Initials 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 as of the date and year first written above. SELLER: CITY /BUYER: //JJ `1 CITY OF A TA A By:~~i~Lf= ~Date:~'~? d D, 2008 BY: r---Bate: , 2008 Charles L. Prieto David N. Ream City Manager B)~'~~Z~z .S t~n.~.~ Dater 5 ,2008 Constance S. Prieto ATTEST: APPROVED AS TO FORM AND CONTENT: Joseph W. Fletcher City Attorney B : Date: ~D 06 008 BY• Date: , 2008 Patricia E. Healy se Sandoval. Clerk of the Council Senior Managing Assistant City Attorney Page 4 of 9 e Seller's Initials EXHIBIT "A" LEGAL DESCRIPTION (APN 010-021-13) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 12, OF TRACT NO. 1457, AS RECORDED IN BOOK 53, PAGE 2, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 12, NORTH 00°38'43" EAST 2.92 FEET TO ANON-TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 29°51'44" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°48'54", AN ARC LENGTH OF 23.42 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 12; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 12, TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 130.00 FEET. THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°36'42", AN ARC LENGTH OF 24.08 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 48 SQUARE FEET (0.0011019 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. PREPARED UNDER THE SUPERVISION OF: LEE J. MARTIN DATE P.L.S. 5683 EXHIBIT "A" LEGAL DESCRIPTION (APN 010-021-13) THAT CERTAIN PARCEL OF LAND 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 12, OF TRACT NO. 1457, AS RECORDED IN BOOK 53, PAGE 2, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 12; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, NORTH 00°38'43" EAST 2.87 FEET TO A POINT ON ANON-TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 29° 54' 46" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 40' 23", AN ARC LENGTH OF 23.31 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 12, SAID POINT BEING THE CUSP OF ANON-TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 130.00 FEET, A RADIAL LINE TO SAID POINT FROM THE RADIUS POINT OF LAST SAID CURVE BEARS NORTH 16° 28' 12" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 33' 32", AN ARC LENGTH OF 23.96 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 47 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: LAND S~'9 J • N~R)I L~ ~--~~i d~v ~ ~f` N0. 5683 L J. M TI ATE L.S. 56 * Exp.9/30/04 ~rq TF OF CA1.~4~/ i I . W M I+1 I Q Q M M m n ~ 40 I ° 1 O ~ p Z N Z O I O A C.) J I W O NLi OIQ 1'44" f RAO. 1 t..^, ~l I M B 2.92' .°3'Y P. rr I Z ~ .i CAMILE ST. _ r -~--N89°18'57"W 30' o ~ \ a ql! rn I -~-----I ° M 1 1 40 I CURVE DATA p R L T OA 29°48'54" 45.00' 23.42' 11.98' © 10°36'42" 130.00' 24.08' 12.07' AREA 48 SF / 0.0011019 AC t EXHIBIT B SANTA ANA P^ APN 010-021-13 COTC PROCESSING FORM AGREEMENTS AND AMENDMENTS (/,I r~~ ' }fill'<~~:~~2y TO: CLERK OF'T(H~E` C~O'UNCIL OFFICE _ I ~ ~ ?r/ FROM: DEPT.: r y - ~~c?' I C'1 N. MAIL STOP: GL~V PROJECT MANAGER: G I t~1-~,(~Q,v~t;_z EXT.: ~..X-~~ AGREEMENT NUMBER (if amendment): A / N AMENDMENT NUMBER (if applicable): ? tsT ? 2NO ? 3ao ? NAME OF CONSULTANT: l~L-I-;6tR-4_~~ L7 t= ~ ~ U AMOUNT: ? OVER $25,000' (A) ~ UNDER $25,000' (N) COUNCIL APPROVAL DATE: ITEM TERM OF AGREEMENT- EFFECTIVE DATE: TERMINATION DATE: SIGNATURES REQUIRED: ? VENDOR ? AGENCY ? CITY ATTORNEY ? OTHER ~ ; ~ (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTL7 INSURANCE REQUIRED: ? YES ~NO(ProvideCityAttornsyofficelapproval) ? AUTO ? CGL (Commercial General Liability) ? PROFESSIONAL LIABILITY ? WORKERS COMPENSATIO~N,y COMMENTS: 'n(_z 1~.1CJt'i FY Gl I.CDY GcO~Z ~T ~ ~7 OR z -r FOR CLERK OFFICE USE ONLY: ? PROCESS ? DO NOT PROCESS ? MISSING CONTACTlPROJECT MANAGER INFORMATION ? MISSING SIGNATURES ? NEEDS COUNCIL APPROVAL ? OTHER ADDITIONAL REMARKS: 'Charter amendment effective December 21, 2006 for City Manager contract authority increase. . ~ i t _ 7n ~ I JY" I , When recorded, please mail this instrument and tax statements to: Recorded in Official Records, Orange County Clerk of the Council Tom Daly, Clerk-Recorder City of Santa Ana IIIIIIIIIIII Illilllll 1111111 IIIIIIII IIIIIIIIIIIIIII IIIIIIIIII 111111 NO FEE 20 Civic Center Plaza, M-36 2008000504053 09:02am 11/04/08 Santa Ana, California 92701 ~ 115 30 G02 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 C~ SPACE ABOVE THIS LINE FOR RECORDER'S USE I CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. R/W MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-0.K NUMBER NUMBER NUMBER X g7 ~7 1305 Ra mar Street, Santa Ana, CA DEED NUMBER i GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Charles L. Prieto and Constance S. Prieto Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution an dlaws 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 1305 Raymar Street, legally described as follows: SEE EXHBIT "A" -Legal Description and EXHBIT "B" -Graphic Depiction, Attached Hereto; Lry'''z"~-`"-~. ,>~-~'ce~ Date: ? ~ 200 Charles L. Prieto - 8 ~'L ` r ~.2~c.1~~~~-~-, ~ ~ ~ Date: / G ~ , 2008 Constance S. Prieto STATE OF CALIFORNIA }ss. COUNTY OF Or~-~- } On ' O?3 „200 before me ~ ~ 1 ~Z/` Urn/ , fk ~ personally appeared n ,whop ved to me on a basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici e , Signature L. KANE ~ r~^ CoMfr.91648956 - N N01ARY PUlLIC•CAtIFOR1YA OlaNOe COUNiY Mr Cow. ExP. fee. 21, 2010 - EXHIBIT "A" LEGAL DESCRIPTION (APN 010-021-13) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STA"fE OF CALIFORN{A, BEING A PORTION OF PARCEL 12, OF TRACT NO. 1457, AS RECORDED IN BOOK 53, PAGE 2, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 12; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, NORTH 00°38'43" EAST 2.87 FEET TO A POINT ON ANON-TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 29° 54' 46" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 40' 23", AN ARC LENGTH OF 23.31 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 12, SAID POINT BEING THE CUSP OF ANON-TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 130.00 FEET, A RADIAL LINE TO SAID POINT FROM THE RADIUS POINT OF LAST SAID CURVE BEARS NORTH 16° 28' 12" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 33' 32", AN ARC LENGTH OF 23.96 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 47 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ~~o LANO s~,,~ ' J • ~RTrti G~,O L ~ J. M~ TI ATE N4. 5683 L.S.56~ * Exp.9/30/Os ~T~TE ~F CALF/ i . 1 • I W I W M Q I • ~ M ~ M I °0 ~ M Z N O ~ O Z I O O A JAW (RAD.) D I v M ....i ° 2.92' CAMILE ST. B P' ;:r.. m I Z _ _ _ <:}~:~r o L.,.~ 30' I M \ ` O M _ ~ I M ~ _ . I . I . ~ 40' I i I CURVE DATA 0 R L T ® 29°48'54" 45.00' 23.42' 11.98' © 10°36'42" 130.00' 24.08' 12.07' AREA 48 SF / 0.0011019 AC ± EXHIBIT B SANTA ANA Pf"~1 APN 010-021-13 ~r~~ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by deed dated from ~+-IA~L-E5 L . ~tiiS~~lcE S. P~IETo 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 hereby 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. titUU~`C3~ ~ P 2c:~O8 D te: David N. Ream Wites PROOF OF EXECUTION BY A SUBSCRIBING WITNESS STATE OF CALIFORNIA COUNTY OF ORANGE On 1~ • 03 • o$ before me~'.tilrl~+ l~ ~YY6 `b N o-~~ ~ ` i • (Date) I (Name and title of the offi_ cer) personally appeared C (Name of p rson signing) who proved to me on the basis of satisfactory evidence to be the erson(~ whose name( is/~ subscribed to the within instrument and acknowledged to me that /she/th~y executed the same in hi~her/tf~ir authorized capacity(i~), and that by ~ /her/th~ si nature(~'j on the instrument the person(, 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. WITNESS a a fficial seal. GMIIMM t 17`070 ~ ~ Signature of fficer otar~l~~~rn!a ~~~"~Oq.'071 (Seal) ,z