HomeMy WebLinkAboutCHAVEZ, RICARDO AND MARIA G.-2008INSURP,~ORK MAY PROICEED N-2008-157
' CLERK Of COUNCII.
DATE: la-~t c8 PURCHASE AND SALE AGREEMENT
D ~. F'f.~ f1 (a-~ AND BILATERAL ESCROW INSTRUCTIONS
C i r~~~l C o~,ez FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT (hereinafter "PSA"), entered into on 1~2cemhev ~, 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
Ricardo and Maria G. Chavez (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 of1238 W Pine 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 as set forth in EXHIBIT "C" to this PSA.
3. Property 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. Payment 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 EIGHT THOUSAND DOLLARS AND NO/100 DOLLARS
($8,000).
7. Deadline of Payment of Purchase Price. City agrees to pay the purchase price of
EIGHT THOUSAND DOLLARS AND N0/100 DOLLARS ($8,000) to Seller within THIRTY (30)
days from receipt of fully executed Grant Deed and confirmation that Seller has marketable title
to Said Real Property.
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.
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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: ~ -_
1238 W. Pine Street /'
Santa Ana, California 92783 ~'
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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 September 31, 2008.
15. Indemni 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.
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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. Partiallnvaliditv. Any provision of this PSA that is determined by a court of law to be
unenforceabie 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. CaDtions. 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. Governina Law. This PSA shall be governed by and construed in accordance with the
laws of the State of California.
20. No Reliance Bv 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 Beneficiarv. This PSA is intended to benefit only the parties hereto and
no other person or entity has or shall acquire any rights hereunder.
22. Dutv To CooDerate 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.
23. ADDlicabilitv of Aareement To Assianees. This PSA shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties to this PSA.
24. Authoritv to Execute Aareement. 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.
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Seller's Initials ~
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25, IncorDoration 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:
B~
Ricardo Chavez
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By. {..., .
Maria . Chavez
CITY I BUYER:
CITY OF rryT~A "
Date: 8. Ib, 2008 BY: Vo!t'---.;._J~.
David N. earn
City Manager
Date:
,2008
APPROVED AS TO FORM AND CONTENT:
Joseph W. Fletcher
City Attorne
Date:.!:L,2008
ATTEST:
Date: AIv IT, 2008
Date:~, 2008
By:
Patricia E. Healy
h Clerk of the Council
Page 4 of 10
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by deed dated
from /v\AIKI,b... G CI-tb,v'l::;L ~\)
'R \CA\~..:\)n (' ...L-\.b..\/E?, J \=<... 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. /J"
\ - 2-:2 -d) {),.e~'-
David N. Ream
PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
~rLlL fA. J.tll''b -:Vub\~,-
(Name and title of the fflcer)
personally appeared ~ ~\'" ~ Oo,.l\!U,'Z--
(Name 0 person signing)
who proved to me on the basis of satisfactory evidence to be the person(~ whose name(?1' is/ptfu
subscribed to the within instrument and acknowledged to me that tf/she/ttfy executed the same in
h~her/thpC authorized capacity(i~), and that by tl/herlthqfr signature(?I' on the instrument the
person(ll, or the entity upon behalf of which the person(~acted executed the Instrument.
before me
c-~J.nf ku
On l-'2.'1.-o'l
(Date)
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and corre .
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LSO.l\~ DESCRIPTION
(APN 006-223-01)
THAT CERTAIN PARCl:L OF !..AND IN 1HE GIl"Y'OF SANTA ANA, OOUrfTY OF
ORANGE, STATE OF CA..JFORN1A, BEING A PORTION Of ,-OT 20, OF TRACT NO,
13"...3, AS l'l;C::;lRDED IN 800K -42. pAGE 32, OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY. MORE PARTICULARL't' OESCRlSi;O AS FOLL.OWS;
BEGINNING AiTHE NORTlNIEST CORtoIER .OF SAID ~OT 20;
THEtoICE AlONG THE; NORTHE;RL. Y UN:' 0;= SAID ~OT 20. SOUTH B~'OB':23' EA.ST
25.B6 FeET 1"0 THE POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO TH"
sOUTH AND HAVING A RADIUS 01' 25.00 FEET;
THENCE WESTERL't' ALONG SAID CURVE: THROUGH A CeNTRAl. ANC~E OF
21"47'12". AN ARC LENGTH OF 9.51 FEET 1"0 A TANGENT COMPOUND CURVE
CONCAVE TO -HE SOU,HEAS, AND HAVIi'lG A RADIUS OF B5.00 FEET;
THENCE SO\ITHWESTERl Y ALONG SAID CURVE THROUGH II CENTRAL ANGL:.
O~ g"12'58-', AN fflC LENGTH OF 15.28 FEET TO A REVERSE CUiWE CONCA'T=.
TO THE NORTH\l\IeST AN:;) HAVING A RADIUS OF 45..00 FEET~
TH<:'NCE SO'JrHWESTERlY ALONG SAlD REVERSE CURVE THROUGH A
CENTRAL ANGLE OF 4'19'50', AN ....RC LENGTl-I OF 3.40 FEET .TO THE WESTERLY
WIE OF $.'110 LOT 20;
THENCE ALONG SAID WESTERLY ~INE, NORTH 00'39'02" ;:AST 10.~1 FEET TO
.HE !>OINT OF BEGINNING.
THE ABOVE DESCRIBE,;) PARCE~ OF LAND CONTAINS 101 SQU~RE FEET
(0.0023 ~CRES), MORE OR LESS.
AL~ AS SHOW,.. ON EXHIBIT 'B', ATTACHED rlERETO AND MAD;; A PA.Ri
THEREOF
THIS REA~ ?ROPERTY DESCRIPTtON MS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH TrlE PROFESSIONAL LAN':!
SURVEYOR'S ACT.
g#//dI~
. RICt1ARD C. MIIHER, P.L,S. 7564
UCENS~ "XPIRE;S 12-31-07
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EXHIBIT "C"
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 perfection of title as of the date on which the
transferring instruments referred to herein are recorded in the Office of the Orange County
Recorder. All prorations made during escrow are to be made on the basis of a 360-day year
and 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.
Escrow Agent is 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 Escrow Agent, 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 and affected hereby, Escrow Agent shall
have the right to discontinue any or all further acts on its part untii such conflict is resolved to its
satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any
Superior Court of competent jurisdiction, and 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 Escrow Agent in connection with, or arising out of this escrow, including, but without
limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the
event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and
discharged from all obligations imposed upon it in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a
reasonable monthiy charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the
time specified herein and such additional time as is required to make an examination of the
official records, you will return all documents, money or property to the party entitled thereto
upon satisfactory written demand and authorization. Any amendment of and/or supplement to
any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the
property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more
counterparts, each of which independently shall have the same effect as if it were the original,
and all of which taken together shall constitute one and the same instruction.
Page 7 of 10
Seller's Initials "\);?
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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 FE E
200900004203710:06am 01/30/09
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
\
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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CANCEL AGENCY(IES) ApPROVED BY DESCRIPTION DESCRIPTION A.P. RlW MAP PROJECT
TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKEO-DK NUMBER NUMBER NUMBER
X 008-223-01
1238 Pine Street, Santa Ana, CA
8291
DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Maria G. Chavez, married woman as her sole and separate property and
Ricardo Chavez Jr., a single man, as joint tenants
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under
the Constitution an diaws 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, legally described as follows:
SEE EXHBIT "A" - Legal Description and EXHBIT "B" - Graphic Depiction, Attached Hereto;
"-
f#;h,.~ ~ r!A'7 .~
Maria G. ~ez
'1X
Ricardo Ch z, Jr.
Date: :=:c-e-- 5, 2008
Date: [;C--0. S. ,2008
STATE OF
CALIFORNIA Ilr~'
COUNTY OF L/I ~
On - .:; '0"1 personally appeared
(i., \'-.,. ' personally knows to me (or proved to me on the basis of satisfactory
evidence to be the person( whose name(s) is/are subsc( e 0 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) orthe entity upon
behalf of which the person(s) acted, executed the instrument.
~"'''"' "'"" ..~. als .
Signature C1J 0 ./
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct,
~. L.~NE l
Ul- COUU. t 1846156 III
MOTMY PIlILJC.~
OIWtQl CouIm -
~ U,COIIII, ElIP. FH,ll,1II101
Page 8 of 10
Seller's Initials
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LEGAL OESCRIPTION
IAPN OOS-223-0 1 )
THAT CERTAIN PARCEL OF' LAND IN "THE CITY'OF SANTA ANA, COUI\ITY DF
OR.ANGlE, STATE OF CA_-'FORNIA. BEING A PORTION OF :"'OT 20, OF TRACT NO.
13"..3, AS R",COROEO IN SOOK -42. PAGE 32, OF MISCELLANEOUS MAPS,
RECORDS DF SAID COUNTY. MORE PARTICULARLY OESCRl9ED AS FDLL.OV'IS:
BEt;INIIIING ATTHE NOR11-/II'lEST CORNER .01" SAID LOT 20:
THHICE ALONG THE; NORTHERLY LINe. D1' SAID LOT 20. SOlJTH B9'OB'23' EAST
25.95 FEET 1"0 THE POINT OF CUSP WITH A TANGE;NT CURVE CONCAVE TO TH",
SOUTH AlIID HAVI NG A RADIUS OF 2B.CO FEET:
THENCE WESTERLY ALONG 5AID CURv.: THROUGH A CENTRAL ANGLE OF
21"47'12". AN ARC LENGTH OF 9,51 FEET TO A TANGE;NT COMPOUND CLlRVE
CONCAVE TO ':'HE SOUiH::ASl" AND HAVliIIG A RADIUS OF 95_00 FEET;
l"HENCE SOUTHWESTERLY AL'ONG SAID CURVE THROUGH A CENTML ANGLE:
OF g"12'5a', AN ARC LENGTH OF 16.2e FEEl TO A REVERSE CURVE CONCAVE
TO l"HE NORTHWEST AN:) HAVING A RAt:lIUS OF ~5.CY,I FE;;.T:
TH=1>ICE SO'.JTHWESTERLY ALONG SAID REVERSE; CURVE THROUGH A
GENTRALANGLE; OF 4'19'5-J', AN ARC LE;NGTl-I OF 3.>10 FEE'T'TO THE WE.STe.RLY
LINE OF S!>,ID ~OT 20;
THENCE ALONG 5AID WES""'RLY LINE, NORTH 00"39'02" ::AST 10.2.1 FE;ET TO
THE POINT OF BEGI~NING.
THE ABOVE DESCRIBE:) PARCEL OF LAAlD CONTAINS 101 SQUARE FEET
(0.002:? AC~SI, MORE OR LESS.
ALL AS SHQWr. ON EXHIBIT "B', ATTACHED HE;RETO AND MAD" A PARl
THEREOF
THIS REAL PROPERTY DESCI'lIPTION HAS BEEN PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH TrlE PRDFES310NJlL LAND
SURVEYOR'S ACT.
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RICHARD C. Ml\HER, P.L,S. 7564
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