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HomeMy WebLinkAboutVASQUEZ, ABDON 1AUG ~, ~ zao~ N-2009-100 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY O: t~YVA / Des9r AND BILATERAL ESCROW INSTRUCTIONS ' . (~ Souri A1'hirA~ ,~ ~, . TH S AG EEM NT (hereinafter PSA }, entered into on _ _ ___/~''~ __ , 2 0 0 9 , between the CITY OF SANTA ANA, a charter city and munic' al corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Abdon Vasquez, as Surviving Joint Tenant (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of his 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 (hereinafter "Said Real Property") legally described and depicted as follows: SEE EXHIBIT "A" - Legaf Description and EXHIBIT "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 926 LineoCri 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. (a) 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. (b) Seller agrees to convey to City a Temporary Construction Easement (hereinafter "TCE") as described in the attached Exhibit "A-1" and depicted on the attached Exhibit "B." The TCE is also described in greater detail in Exhibit "D," the TCE Deed, attached hereto and by this reference made a part hereof 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. 4 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, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of Two Thousand Fifteen and No/100 Dollars ($2,015.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of Two Thousand Fifteen and No/100 Dollars ($2,015.00) to 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 oth breach of said covenant or agreement nor a waiver of any breach of any other covenants o 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. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of possession to the area described in Exhibit "A-1", "B" and "D" to perform the work described in Paragraph 25. However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48-hour prior written notice to perform the construction items listed in Paragraph 25 below. The right to use the property shall continue in effect for a period of six (6) months. All efforts shall be made to complete the described work within the proscribed period of time; however, extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period delineated above, and the occurrence is verified through the contractor or City/State project inspection logs, the Buyer agrees to pay at the rate of $25 per month, prorated to the actual date of Buyer's termination of use. It is further understood that in no event shall the Buyer's use of the property exceed the early of either the term of the TCE described above or the project completion date. 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 92701, County of Orange, State of California. The mailing address of the Seller is: Abdon Vasquez 926 Lincoln Street Santa Ana, CA 92701-3922 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 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 30, 2009. 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, 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, o transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemni shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expens 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 unenforceable or invalid or the conclusion of 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 Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. 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, 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, without cost. 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 its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 25. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: i. Concrete paving ii. Asphalt paving iii. Chain link fencing iv. Drain pipe and grate (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the Property: i. Rework fence post c~~'Y 26. 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: Date: d~- , 2009 ~ - - - Abdon Vasquez City/Buyer City of Santa Ana David N. Ream City Manager Date: 8 -- i~ , 2009 Attest: i Date: ~%~ , 2009 '° +r".` " ~a+ey Maria p. Nutzar City Clerk ` Approved as to Form: Joseph W. Fletcher City Attorney Jo andoval S 'or Managing Assistant City Attorney Date: 7 Z3 , 2009 Coast Surveying, Inc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION STS-PCL-1 THAT PORTION OF LOT 5 IN BLOCK E OF HAWKIN'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 13, PAGE 26 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, TOGETHER WITH THAT PORTION OF LINCOLN AVENUE, AS SHOWN ON SAID MAP, ADJOINING SAID LOT 5 ON THE EAST, AS SAID PORTION IS DESCRIBED AND VACATED BY RESOLUTION NO. 83-123 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED NOVERMBER 18, 1983 AS INSTRUMENT NO. 83-533415 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE LAND DESCRIBED IN SAID VACATION AND THE NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD (104 FEET IN WIDTH); THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 64°53'48" WEST 4.03 FEET; THENCE NORTH 02°05'51" EAST 5.23 FEET; THENCE NORTH 36°49'06" EAST 6.30 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN SAID VACATION; THENCE ALONG SAID EAST LINE SOUTH 02°08'44" WEST 8.56 FEET TO THE POINT OF BEGINNING. CONTAINING 25 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. ~ L AN0 S ~~' P DEL. C GAG r: o GWEN-VERA DEL CASTILLO, PLS 5108 ~` ~ L.S.. 5108 ~ REGISTRATION EXPIRES 6/30/09 J'l EXP. 6/30/09 ,~~ C A JN 107069-04 Santa Ana STS-PCL-1 C~05~4 n~ QOO ~~~ O ~ o ~O ~° Q ~ a ~C~ dd 0 ~~~ ~ BOO 4 s S' I P ~~~o/ `rte. SPN~ P P/ I TEMPORARY CONSTRUCTION EASEMENT I o 0 Q ~~ Zw Ya ~ ~ . w I Q~ ~ ~ ~ worn ~ - - cn ~ p z ~ ~ '~`~ z ~ w O ~ J ZU O ~ J JQ ~ W z I ~ ~ -~ o fM1Qp ~~ DL~Q~I'~ laDDo _ J ~ Q Z Q' ~ Q n W°~o o° II~G~- II ~ ~ w Q J nn ~~yy// G3o~° g~~~ 0~3~ ~ I Q G°>~°~e o o ~I ~~ / X77 °~~ 2 5' I 2 5' 7' INST. N0. \N~ R 83-533415 ~, p- 0. R. N`~~-~ A'I'L I °~~ ' ' BEARING DISTANCE 5 I 1 S64° 53' 48" W 4. 03' 2 S02° 08' 44" W 8. 56' 2 3 N02° 08' 44" E 8, 79' 4 S36° 49' 06" W 15. 09' P.O.C. 5 S02° 05' S1" W 9, 36' 6 1 6 N64° 53' 48" E 5, 62' I T.C.E. 7 N02° 05' S1" E 5. 23' T.P.O.B. 8 N36° 49' 06" E 6. 30' T.C.E. JOB #~ 107-069 /~ T Sc,nLE:71 09208 C-~ 0~S/ SURVEYING, INC. SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN~ CA 1 92780w652j00P, SUITE B (714) 918-6266 ~ 15-I'CL-1.dgn 7/10/2008 11:54:17 AM When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER E GOVERNMENT CODE SECTION 61 O3. T X S L I ORM BYDATTY.O I DIELECOiOR BY I WRITTEN BYN Recorded in Official Records, Orange County 1 l Tom Daly, Clerk-Recorder III IIIIIIII IIII 11111111 II III (IIII IIII Ili IIIIIIINO FEE 200900048356410:54am 09110109 106 30 G02 3 o.oo o.oo o.ao o.oo o.oo o.oo o.oo o.oo SPACE ABOVE THIS LINE FOR RECORDER'S DESCRIPTION A p, CHECKED-O.x. NUMgER 398-205-08 R/W MAP I PROJECT NUMBER NUMBER Portion of 926 Lincoln Street, Santa Ana, CA 92701 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ABDON VASQUEZ, AS SURVIVING JOINT TENANT DEED NUMBER N-2009-100 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 cif Ofartg:e„State of California, Located at 926 Lincoln Street, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: t, : `~ ~ . (; `'( By: '6' Abdon Vasquez -~ ,~ State of California County of f'7l- On - ~~ ` ~ ~ ~~--L't~. -- ~'~ ~ , ..before me, ~ a Notary Public, personally appeared 5~ ~~r r ~--- - who proved to me on the basis of satisfactory evidence to e t person(,e~ whose namei-5) iL'sl~e-subscribed to the within instrument and acknowledged to me that~tr~l~eft+iey- executed he same in ~i+~ authorized capacity(~es~ and that by his signature( 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. L. KANE WITNESS my hand and official seal. N Co>u~l.il 1646956 r^ NOTARI' PUBLIC•CAIIFORNIA ~, OR+woE CouMrr % Mr Couw. Ezr. fEe. 21, ZO/0 '' ~ Signature (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE ~~f Coast Surveying, Inc. ,fuly 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION STS-PCL-1 THAT PORTION OF LOT 5 IN BLOCK E OF HAWKIN'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 13, PAGE 26 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, "T"OGETHER WITH THAT PORTION OF LINCVLN AVENUE, AS SHOWN ON SAID MAP, ADJOINING SAID LOT 5 ON THE EAST, AS SAID PORTION IS DESCRIBED AND VACATED BY RESOLUTION NO. 83-123 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED NOVERMBER 18, 1983 AS INSTRUMENT NO. 83-533415 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE LAND DESCRIBED IN SAID VACATION AND THE NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD (104 FEET IN WIDTH); THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 64°53'48" WEST 4.03 FEET; THENCE NORTH 02°05'51" EAST 5.23 FEET; THENCE NORTH 36°49'06" EAST 6.30 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN SAID VACATION; THENCE ALONG SAID EAST LINE SOUTH 02°08'44" WEST 8.56 FEET TO THE POINT OF BEGINNING. CONTAINING 25 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. O ~ Abp S `'~' F OED c ~~G ~i>1 ' ~ °~~- ~ ~k' L eiC.~i ~' cam? c- ~o GWEN-VERA DEL CASTILLO, PLS 5108 ~' ~ L.5. 5308 ~ ~ REGISTRATION EXPIRES 6/30/09 ~ EXP. 6/30/09 ~,~ F CA JN 107069-04 Santa Ana STS-PCL-1 i ' i I o p Q ~ ~ Zw _ Y ~ H- ~ w I Q j 2 ~ ~ ~ ~Q~ ~ ~ - ~ ~ OZ~ ~ O ZV p L~O°~~ z I ~ JZQ ~ H J J w o MMGQp OIL DC~GQ~]'~ G°QDDo ~., ~ W Q~ Q G°3o~o 0 0 ~8~~ nn~°_' "V °~ J ° [BOO ~ W o ~o~o~~ ~ ~~~ 3~ G3o~o gr 0o~~ O o I Q , / 7 (Tl1o~o 0 o Il ~ II D ~iT 11 °~0 O ~ ° ~ Q° 2 5' 2 5' 7' ~~ ~` o Q ~ I ~ ~ INST. N0. ~ N ~ 83-533415 y ~~ O~ O.R. ~~2 3j~. N ~ ~~ ~O~ ~ I g 4 8 S• 3 ~ BEARING DISTANCE 5 I 1 S64° 53' 48" W 4, 0 3' 2 S02° 08' 44" W 8, 56' 2 3 N02° 08' 44" E 8, 79' 4 S36° 49' 06" W 15, 09' 1 P.O.C. 5 S02° 05' S1" W 9. 36' ~~~ ° 6 I T.C.E. 6 N64° 53' 48" E 5. 62' 7 N02° 05' S1" E S, 2~' T. P. 0. B. 8 N36° 49' 06" E 6. 30' T.C.E. / I ~ 0/ s~ P ~ ~ N~ P P/ Sp, i TEMPORARY CONSTRUCTION EASEMENT roe #~ 107-069 DATE: 7 09 08 SCALE: 1 =20 C~i`-I J T SURVEYING, INC. SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY 100P, SUITE e TUSTIN, CA 92780-6527 (714) 918-6266 \ !~Tl~ .~ ~ ~-I vim- I .uy1l / / I V/LVVO I 1 .J'-F. I / NIVI When recorded, plea r mail this instrument ar:;i fax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Free recording requested by 7HE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NOFEE 200900048356510:54am 09/10/09 106 30 E01 3 o.oo o.oo o.oo o.oo o.oo o.oo o.oo o.oo SPACE ABOVE THIS LINE FOR RFCnRnFR'~ I IRF CANCEL AGctiC'f(IESj A.°fncY~1P~ ~ ' ` `.-'~~~C^'FTIQR De~zRra`ttet: ft,^-. j~gaf~,o =pR~~.-s. TAXES PUBLIC WORK5 DIRECTOR WRITTEN BY CHECKED-O. K. NUMBER NUMBER NUMBER 398-205-08 Portion ofi 926 Lincoln Street, Santa Ana, California ;. ~ .. TEMPORARY CONSTRUCTION EASEMENT DEED ~fi FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, N-2009-100 !~~i ABDON VASQUEZ, AS SURVIVING JOINT TENANT '~~ 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, , a temporary easement for purposes incidental to construct the proposed improvements to 926 Lincoln Street, in, ~• on, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, as described and depicted on "Temporary Construction Exhibits "A" and "B", which is attached hereto by reference and made a part hereof. This permission is granted subject to the following conditions being fulfilled by City: (A) Additional construction parameters within the Temporary Construction area will be as follows: (B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one- half of adriveway approach at a time may be required. At no time, the contractor shall block access to the business during construction. (C) City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the City is liable in the exercise of the rights herein granted. It is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry of owner's property by City's contractor. In the event' that actual use extends beyond 6-months, and said use is verified through the City's/State contractor log, the City shall pay the owner at the rate of $25 per month prorated to the actual date said use terminates. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than August 2011. i~ By: ~ ~~ ~ ~ / C ~+ --~ Date:, 2009 Abdon Vasquez i~ STATE OF CALIFORNIA }ss. COUNTY OF $. ~ ~ ) ` \20/09, be,crc me, (~` V ~~•t~-' personally appeared ~ V ~4~C ~~-~ ,who proved to me on the basis of s sfactory evidence to be the perso~whose name(~)~gTarasubscribed to the within instrumen nd nowledged to me thaf~sk>o[tlwy executed the same in~htS`~hedtUeiF authorized capacity(i~, and that by hislk+erlttretr'Slgnature~ 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 an r j L. KANE ~~"p COMM. a~ 1646956 ~ ~ w NOTARY PUBLIC•CALIFOQflU{ Signature ~ OIUNOE (:OUNrY AIY COPY. EXP. FEB. 21, 2010 Signature of Notary Public place notary seal a Coast Surveying, Inc. .luly 9, 2008 EXHIBIT "A-1" LEGAL DESCRIPTION STS-PCL-1 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 5 IN BLOCK E OF HAWKIN'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 13, PAGE 26 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, TOGETHER WITH THAT PORTION OF LINCOLN AVENUE, AS SHOWN ON SAID MAP, ADJOINING SAID LOT 5 ON THE EAST, AS SAID PORTION IS DESCRIBED AND VACATED BY RESOLUTION NO. 83-123 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED NOVERMBER 18, 1983 AS INSTRUMENT NO. 83-533415 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE LAND DESCRIBED IN SAID VACATION AND THE NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD (104 FEET IN WIDTH); THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 64°53'48" WEST 4.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 02°05'51" EAST 5.23 FEET; THENCE NORTH 36°49'06" EAST 6.30 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN SAID VACATION; THENCE ALONG SAID EAST LINE NORTH 02°08'44" EAST 8.79 FEET; THENCE SOUTH 36°49'06" WEST 15.09 FEET; THENCE SOUTH 02°05'51" WEST 9.36 FEET TO SAID NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 64°53'48" EAST 5.62 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 90 SQUARE FEET, MORE UR LE5S. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 10T" DAY OF JULY, 2008. ~O ~ ANO S~ `/ 'I ~ P DEL c ~G ~' GWEN-VERA DEL CASTILLO, PLS 5108 ~' ~ L.S. 5108 ~ ~ REGISTRATION EXPIRES 6/30/09 ~ ~ ~ EXP. 6/30/09 = F ~F CA~\FO .IN 107069-04 Santa Ana STS-PCL-I TCE is i t o p Q ~ ~ Z w _ Y ~ ~ ~ ,`~; I a > ~ ~ ~ ~Qrn ~ - cn ~ p Z ~ ~ Z ~ w0~ `~ ~ Z U ~ JZ Q p W ~0~~ Z I o' ~ J J o .1 C/l p ~ ~ w v Q ~ Q i ~ ~~ J ~ ~~ ~ ~ ~Q ~° I Q °t d ~° 2 5' 2 5' 7' ~~ ~° Q ~ ~' 00~ ad 0 l~Oo `~ ~ s~ L~~0 ~ S INST. N0. 83-533415 O.R. I MGIp nnO~ DC~{QI~'{~ QDD° W°~oo° Il~~ll °o L~~~~ o n ((~~G°3°~o g{~~~~Oo~~73~ W°c~J°Oo II~II ~S}!1 °~~ ,may ~~~~0~ ~2-~~I~ " ~ BEARING DISTANCE 5 I 1 S64° 53' 48" W 4, 03' 2 S02° 08' 44" W 8, 56' 2 3 N02° 08' 44" E 8, 79' 4 S36° 49' 06" W 15, 09' 1 P.O.C. 5 S02° 05' S1" W 9, 36' 6 I T.C.E. 6 N64° 53' 48" E 5, 62' 7 N02° 05' S1" E 5, 23' T.P.O.B. 8 N36° 49' 06° E 6, 30' T.C.E. / I ~ 0/ sue- P ~ ~ N~ P Pj SP I TEMPORARY CONSTRUCTION EASEMENT DATE: 7 09 08 SCALE: 1 "=20' CO% S / SURVEYING, INC. SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITE e TUSTIN, CA 92780-6527 (714) 918-6266 D i v-r~,~- i .Uyn ~/ I U/LUUtS I I :54:1 / HIVI