HomeMy WebLinkAboutDRSS-I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY -2009
. A-2009-204
. -- ,rlNGE NOT REQUIRED
WORK MAY PRb1,cWJc:
CLI::i;" V~~OWC1L~E AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
DATF' i 2-1 l-Cl ., L AND BILATERAL ESCROW INSTRUCTIONS
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THIS AGREEMENT, entered into this L..... day of JJetf'V~/I) tf?2009, by and 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 referred to as the "City" or "Buyer"), DRSS-I, LLC, a
California Limited Liability Company (hereinafter called "Seller"), regardless of number or gender;
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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, Seller agrees to sell to City,
and City agrees to purchase from Seller, 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 ATTACHMENT 1, ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion 2040 East Dyer Road, Santa Ana, CA)
(APN 430-181-25)
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 bv Seller. Seller 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 (but in no event later than December 31, 2009). Seller understands City will not
approve this Agreement until it has approved the preliminary title report referenced in Section 2
below.
2. Title to be Conyeyed. (a) Seller agrees that, except as may hereinafter be otherwise
expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
profits, limitations, encumbrances (whether monetary or non-monetary, general or specific,
including any and all leasehold interests), liens, clouds or defects in title except those exceptions
shown in the preliminary title report to be delivered to Buyer by Seller as soon ar reasonably
possible after execution of this Agreement (in no event shall title be conveyed subject to monetary
liens other than the liens of non-delinquent taxes and assessments). Seller hereby warrants that
the title to said real property to be conveyed by Seller to City shall be free and clear as provided
above.
(b) Seller does hereby convey to City a temporary landscape easement as described in
greater detail in Attachment 2, attached hereto and by this reference made a part hereof.
Page 1 of 18
3. Title Insurance. Seller agrees (at City's expense) to cause First American Title Insurance
Company to deliver to City, concurrently with the conveyance of said real property to City, within
the time and at the place hereinabove specified for said conveyance of said real property, a policy
of title insurance to be issued by the above mentioned title company, with the City therein named
as the insured, in the amount of FOUR MilLION TWO HUNDRED FIFTY-SEVEN THOUSAND
EIGHT HUNDRED EIGHTY AND NO/100 Dollars ($4,257,880) insuring the title of the City to said
real property is free and clear of any and all conditions, restrictions, reservations, exceptions,
easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary,
general or specific, and including any and all leasehold interests), liens, clouds or defects in title,
excepting those items shown in the preliminary title report referenced in Section 2 above or
specified in paragraph 15 of this Agreement or such specific ones as City may hereinafter
expressly agree to take subject to.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance
Company, 2 First American Way, Santa Ana, California, (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 Seller and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to
close within 90 days of the City's execution of this Agreement, but not later than December 31,
2009
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 Attachment 3 attached
hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller
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 charge 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 Attachment 3 of the General
Provisions of this Agreement.
5. ProDertv Taxes. Such 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 of the Revenue and
Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7
of the Revenue and Taxation Code of the State of California 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 Seller before conveyance of said real
property to City.
Page 2 of18
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, fixtures & equipment
(improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of
FOUR MilLION TWO HUNDRED FIFTY-SEVEN THOUSAND EIGHT HUNDRED EIGHTY AND
NO/100 Dollars ($4,257,880). 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 Seller upon and
after:
(a) Conveyance of said real property by Seller 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. 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, which shall be
made free by Seller of all personal property.
8. Relocation. In addition to the compensation outlined in this Agreement, the City (at the
closing of this Agreement) will pay to Seller the sum of $60,000 to defray the costs of Seller in
relocating their existing signs, outside the area identified in the Attachment 1 of this Agreement.
9. 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.
10. Heirs. Assians. Successors in Interest. 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.
11. 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.
12. Permission to Enter on Premises. Subject to the rights of Seller's tenant,=Seller 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.
13. Just Comoensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for said real property and includes payment for fixtures &
equipment (improvements pertaining to the realty), goodwill (if any), and severance damages
14. 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:
Grubb & Ellis
Attn: Gary Allen
4675 MacArthur Court, Suite 1600
Page 3 of18
Newport Beach, CA 92660
15. Exceptions. City agrees to accept title to said real property subject to items 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14 described in the preliminary title report, prepared by First American Title
Company, O-SA-1782120, dated May 20,2009.
16. Entire AQreement. 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.
17. Hazardous Waste. Except as described in the documents:
Semi-Annual Groundwater Monitoring Report Second Half 2008, dated April 13, 2009
2008 Semi-Annual Groundwater Monitoring Report-First Half, dated August 4, 2008
2007 Semi-Annual Groundwater Monitoring Report, dated March 18, 2008
2007 Semi-Annual Groundwater Monitoring Report, dated September 19, 2007
2006 Annual Groundwater Monitoring Report, dated March 7, 2007
Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user
of the Property used, generated, released, discharged, stored, or disposed of any hazardous
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. Except as described in
the documents above and except as permitted under the existing lease of the Property,~Seller
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 term "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 California
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", "hazardous 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 California 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. S1317), (x) defined as a
"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
U.S.C. S6901 et seQ. (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. S9601 et seQ. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. Except as described in the documents
referenced on Paragraph 17 above (or in other documents referenced in such documents), to the
best of Seller'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,
Page 4 of18
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.
19. Intentionally Deleted.
20. Continaency. 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.
21. Modification and Amendment. This Agreement may not be modified or amended except
in writing signed by the Seller and City.
22. Partial Inyalidity. 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.
23. Captions. Captions and headings in this Agreement, including the title of this Agreement,
are for convenience only and are not to be considered in construing this Agreement.
24. Governina Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
25. 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.
26. No Third Party Beneficiarv. This Agreement is intended to benefit only the parties hereto
and no other person or entity has or shall acquire any rights hereunder.
27. 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.
28. APplicability of Aareement To Assianees. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties to this Agreement.
29. Authority to Execute Aareement. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this Agreement, and shall each undersigned the other fully, including reasonable
costs and attorney's fees, for any injuries or damages to the other in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
Page 5 ofl8
30. Incorporation ot Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
The parties have executed this Agreement as of the date written below.
SELLER:
By
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Its:
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CITY/BUYER:
CITY OF SANTA ANA /\
[)~i?a--
David N. Ream
City Manager
BY:
ATTEST:
BY: -Bt0 L ~
Maria D. Huiza't
Clerk of the Council
Dated
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
o Sandoval
C iet Assistant City Attorney
BY:
Page 6 of 18
Attachment 1
EXflJl31T "AM
Page I of 1
LEGAL DESCRIPTION
AI' NO. 430-181-25
DYER ROAD AND RED lULL A VEN\J~:
(DRSS-I, LLC)
'Olal certain parcel of land situated in tile City of Santa Ana, County of Orange, State of
Cabfornia. beinlllhat portion of 1'ar",,) I of Parcel Map No. 98-187 a. shown on a map thereof
filed in Book 306, Pages 47 and 48 of Parcel Maps in the Office of the County Rerorder of said
Orange Counly, described as follows:
COMMENCING at the most southt.'rly corner of said Pareel I; thence along the southeasterly
bne of said parcel North 40'36'36" EMt 2K 75 feet to the northeasterly line of that certain parcel
of land describt.-d in a deed to the Atchison, Topeka and Santa Fe Railway Company recorded
June 15, 1966 in \look 7962, Page 62 of Official Records in said Office of the County Recorder
of Orange County; thence along said northeasterly tine North 49'20'53. West 12.36 feel to the
TRUE POINT OF BEGINNING; thence North 39039'19" East 128.29 feet to 3 fine parallel
with and 14.50 feet northwesterly of Ihe southeasterly line of said Pareel I; thence along said
parallel line North 40"36'36" East 471.06 feet; thence North 04'21'58" West 38.17 feet to a line
parallel with ill]d 10.67 fe~1 southwesterly of the northeasterly lIne ohaid Parcell; thence along
said parallel line North 49"20'32" West 563,04 feet; thence North 49030'32" West 204.03 feet 10
a Ime parallel with and southwesterly 1126 feet from the northeasterly line of said pareel; thel1cc
along said parallel lIne North 49'20'32" West 419.20 feet to the southeasterly line of that eenain
parcel of land described in a deed to Ille Atchison, Topeka and S.ma Fe Railway Company
recorded June f 5, 1966 in \look 7%2, Page 57 of Official Records in said Office of the County
Recorder of Orange County; thence along said southeasterly line North 40.37'46. East 11.26 feet
to the northeasterly line of said Parcel I; thence along the northeasterly and southeasterly fines of
said Parcel 1 through the following courses; South 49"20'32" East ] 202,76 feet, thence
South 04'21'58" East 35.34 leet; thence South 40036'36" West 612.00 feet to said northeasterly
lille of that certain parcel of land described in a deed to the Atchison, Topeka and Santa Fc
Railway Company recorded June 15, 1966 in Book 7962, Page 62 of Official Records in said
Office of the Counly Recorder of Orange County; thence along said northeasterly line
North 49"20'53" West 12.36 fcet to the TRUE 1'00NT OF BEGINNING.
CONTAINING; 22,398 Squarc Feet.
SUBJECT TO all Covenants, Rights, Rights.of-Way and Easements of Rccord.
EXHIBIT "8" attached and by this reference made a part hereof
IL~- ~~- i'tPt
Kurt R. Tro~eIl, L.S. 7854 o;/!~
H :\pdaui\l Oll)4ji41 \Admin'JeeakM041.tCl-l}1 ,d(u:
Page 7 of 18
NOTE: ( ) IMllCMES HECtro DATA p!:q P.W. NO. 38-187, P.W B 3:16/47-48
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AP NO. 430-181-25
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PARCEL 1
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DYER ROAD AND RED HILl. A\lENUE
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CONTAINlNG: 22.398 SQUARE FEET
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Page 8 of 18
SHEET 1 OF 2 SHEETS
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PARCEL ]
PARCEL MAP No. 98- J 87
P,M.B. 306 I 47-48
DATA TABLE
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1 N40'37' 46"E 11.26'
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Attachment 1
EXHIBIT "B"
Sl<ETCli TON:JOOIIPNIY A
lmol.llI!lSCIiII'll(IlFOR
AP NO. 430481-25
OYER ROAD AND RED HIll. AVENUE
(DRSS-l, Ll.C)
CONTAINING: 22,398 SQUARE FEET
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W- SHEET 2 Of 2 SHEElS
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Page 9 of 18
J.:N.l()-1~1
When recorded, please mail this
instrument and tax statements to:
Attachment 2
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-36
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER GOVERNMENT COOE
SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL AGENCY{IES) ApPROVED BY DESCRIPTION DESCRIPTION A.P. RfW MAp PROJECT
TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER
430-181-25
Portion of 2040 E Over Road, Santa Ana, California
TEMPORARY LANDSCAPE EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DRSS-I, LLC, a California limited liability company
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, easement for public right-of-way purposes for the right to plant, maintain, replace, or remove landscaping
in, upon, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, located at 2040 E.
Oyer Road, Santa Ana" legally described as follows:
SEE ATTACHMENT 2, EXHBIT "A" and "B" - LEGAL, ATTACHED HERETO; AND BY THIS REFERENCE MADE A PART HEREOF:
This permission is granted subject to the follOWing conditions being fulfilled by City:
(A)
Improvements will be constructed in the areas as shown in Attachment 2, Exhibit B, attached hereto and made part hereof.
Landscape improvements will be constructed in the area that is shown in Attachment 2, Exhibit C.
(8)
During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction
of one~half of a driveway approach at a time may be required. In this case, the contractor shall provide a temporary asphalt
driveway to the business until a permanent concrete driveway is constructed. 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 or its contractors or 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 12 months and shall commence with the
first entry of owner's property by City's contractor. Upon completion of street widening work, Easement Area shall be maintained in
compliance with City ordinances as applicable to this site. This easement shall terminate upon completion of said construction and in
any event shall cease and terminate not later than December 31.2011.
DRSS-I, LLC, a California limited liability company
By:
Its:
Date:
,2009
STATE OF CALIFORNIA
COUNTY OF
On
)ss.
,2009, before me,
personally appeared
who 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 he/sheJthey executed the same in his/her/their authorized capacity(ies), and that by hislher/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.
Signature
SIGNATURE OF NOTARY PUBLIC
PLACE NOTARY SEAL ABOVE
Page 10 of 18
Attachment 2
EXHIBIT "A"
LEGAL DESCRIPTION
AI' NO. 430-]81-25
FOR TEMPORARY LANDSCAPE EASEMENT
Page 1 ofl
DYER ROAD AND RED HILL A VENUE
(DRSS-l, LLC)
That certain parcel of land situated in the City of Santa Ana, County of Orange, State of
Califilrnia, being that portion of!'areell of Parcel Map No. 98-187 as shown on a map thereof
liled inl300k 306, Pug"., 47 and 48 ofPurcel Maps in the Ollicc oftl", County Recorder of said
Orange Cnunty, described as follows:
COMMENCING at Ihe most southerly COrner of said Parcell; thence along the southeasterly
line of said parcel North 40036 '36" Ea;'! 28.75 feet to lhe northeasterly line of Ihat certain parcel
of land described in a deed to the Atchison, Topeka and Sallla Fe Railway Company recorded
June 15,1966 in Book 7962, Page 62 ofOflicial Records in said Omee of the eoumy Recorder
of Orange County; thence along said northeasterly line North 49020'53" West 12.36 feet to the
TRUE PO]NT OF BEGINNING; thence North 39"39' 19" East 128.29 feet to a line parallel
with and 14.50 feet northwesterly of the southeasterly line of said Parcell; thence nlong said
parallel line North 40036'36" East 471.06 feel; thence North 04021'58" West 38.17 feet to a linc
parallel with and 10.67 feet southwesterly oftlte northeasterly line of ,aid Parcell; thence along
said parallel line North 49"20'32" West 563.04 feet; thencc North 49030'32" West 204.03 feet to
a line parallel with and southwesterly 11.26 feet from the northeask'fly line of said parcel; thence
along said I,arallel line North 49"20'32" West 419.20 feet to the souIheasterly line of that certain
parcel of land de$cribc-d in a deed to the Atchison, Topeka and Santa Fe Railway Company
n,<:ordcd June 15, J 966 in Book 7962, Page 57 of Ollicial Records in said Ollice of the County
Rccorder of Orangc County; Ihence along said southeasterly linc South 40'37'46" West 15.00
feet; Ihenee teaving said southeasterly line Soulh 49020'32" Ea.st 419,24 feet; thence
South 49030'32" East 203.99 feet; thence South 49"20'32" East 465.60 feet; thence
South 40'39'28" West 15.00 feet; thence South 49020'32" East 35.88 ICe!; thence
South 40039'28" West 17.00 feet; thence South 49'20'32" East 73.58 feet; thence
South 40036'36" West 451.18 feet; thence South 39"39'19" West 128.16 feel to said northeasterly
line of that certain parcel of land described in a deed to Ille Atchison, Topeka and Santa Fe
Railway Company recorded June 15, 1966 in Book 7962, Page 62 of Official Records in said
Office of the County Recorder of Orange County; Ihencc along said norJhcasterly line
SoutlI49020'53' West 15.00 fcct to the TRUE POINT OF BEGINNING.
CONTAINING: 29,889 Square Feet.
SUB./EeT TO all Covenants, Rights, Rights-of-Way and Easements of Roonr".
7lZi;;2:' Of, .f':r1':-f
Kurt R. 'Iroxelf,t'[;~- 7t~
H:'.pdma'I!.lI-0404I',Admilltlegats'404I_LGL.OS.00c
Page 11 of]8
Attachment
1lQ&
) !N:lICATfS RtCORlJ DATA PER
P.M. NO. 9;;..187, P.U.B. .lO6/47-48.
<t DYER ROAD
/ (N<\9'21'O\"~ 1321.65') __.
CXiSIj~ R/R ..- - . 1
(N49'2\'O\"~ 1236 69') ili liE'LV L~N:: &'J
, . PCL.l ~
N49:?O::R! 1236 76 _ .
N49 20 32 IN 56 04' ci ~
$49"20'32-( 465.60' ~;.... .. rn 7
w -l.O 6
PROPOSED R/W 2 liil
-
~CllV llMJRY.
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CITY EiNiJiIY.
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PARCH JIiIAP NO. 98-187
P,M,B, 305/47-48
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PARCEL 1
AP NO, 430.181.25
(2040 fASt DYfll ROiID)
N40'.J6'.J6'(
28.75'
DATA lAIU
~.............._--_._.._........._.....---_...
NO. BRN3/D>:L TA RADIUS lOOlH
-~--------~------------------~------
I N49'20'53'W 12..J6'
2 549'20'5J"( 15.00'
3 549'20'32"( 73.58'
4 540"39'1!l". 12.00'
5 549"20'32"( 35.88'
6 540" 39' 2B"W 15.00'
7 NQ4'21'58"W 38.1)'
8 N.l9'.19'19'( 128.29'
___,w_______
A.r.iS.E. EM.
PER O. R. 7962/62
-=--= -=--= - b- -=--1 - -I' f= =-=
~,;!~I.:~' 1 L P~RCEL 2
U!IW._FOR
M' NO. 43G-181.25
FOR TEMPORARY lANDSCAPE EASEMENT
DYER ROAD AND RED Hill AVENUE
(ORSS-I, llC)
CONTAINING: 29,889 SQUARE FEET
DAI:" O"'""OHO . -..'" . '....~'n."
I~ JMie.~.:w~
CONSULTINB ~SQ5 ~ f..ut....1Um._~
SHEET I OF 2 SHEETS
2
fEm.blR'( 11, 2008
J.N. lo-t04041
Page 12 of18
Attachment 2
,ros; N'Li COR. ~
PCL, 1
AP N0.430-181-25
(2040 EAST DYER ROAD)
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PARCEL MAP NO, 98-187
r.M.B. 305 /t!7-4(i
DATA TAl3l.E
;:::::..-----------------.-----
~y BRN3/DEL T ^ RAD IUS LENGTH
------_.,-~.~>> ~ -~^--~~-------------
1 $40'37'46', 15.00'
2 N49'20' 32'W 563.0l'
EXHIBIT "B"
SKEll:HTOAlXl:JWNrfA
lElW._FOR
N' NO. 43C).181.~
FOR TEMPORARY I.ANOSCAPE EASEMENT
DYER ROAD AND RED HlU AVENUE
(DRSS-/,llC)
CONTAINING: 29,889 SQUARE FEET
\ \
~\ ~ \
~ ~ S5- # ~2OF2SHW8
.DAI::' "uo.",o.l.",tlI . 0"...""," . -QO..$T.......In'IQ..
I~ PH.~==
OONSULTING lMun~. f'.u~,-"",,_
itl"OArA.l1lM04t
FEBmIARY 1,. 2008
J,N. to-1o.f041
1 ~1~!X-l&.e'iIIC
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Page 13 of 18
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Exhibit "C"
Attachment 2
Attachment 3
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 are to be made on the
basis of a 3D-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 are 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 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 18 of 18