HomeMy WebLinkAboutFREEDMAN, MICHAEL ALAN-2010A
N-2010-027
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS G ENT (hereinafter "PSA"), entered into on
_ �____,
2010, between the CITY OF SANTA ANA, a charter city and
munici al corporation duly organized under the Constitution and laws of the State of California
(hereinafter "City" or "Buyer"), and Michael Alan Freedman, Trustee and Jeanette Freedman, Trustee of
the 2003 Michael Alan and Jeanette Freedman Trust (hereinafter "Seller"), regardless of number or
gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City
agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real
Property") legally described and depicted as follows:
SEE EXHIBIT "A" — Legal Description
and EXHIBIT "B" — Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1006-1012 Fuller 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
Twenty -Three Thousand Six Hundred Twenty -Five Dollars and No/100 ($23,625.00).
5. Deadline for Payment of Purchase Price. City agrees to pay the settlement amount of
Twenty -Three Thousand Three Hundred and Noll 00 Dollars ($23,300.00) to Seller, and per Seller,
Three Hundred Twenty -Five and No/100 Dollars ($325.00) to Said Real Property's Lessee,
Hospitality Equipment Fabricators, Inc., compensation for the improvement impact, payable within
THIRTY (30) days from receipt of a fully -executed Grant Deed and confirmation that Seller has
marketable title to Said Real Property.
6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller
the full Purchase Price for Said Real Property.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
9. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective 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-11", "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 $50.00 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:
Michael Alan Freedman
1278 Glenneyre, #71
Laguna Beach, CA 92651
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 March 30, 2010.
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, or
transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
arising from or out of any claim, action, suit or proceeding for personal injury (including sickness,
disease, or death, tangible or intangible property damage, compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller
shall not be responsible for acts or omissions to act post close of this escrow.
16. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
17. Partial Invalidity. Any provision of this PSA that is 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. Remove 150SF of concrete paving (City)
ii. Remove 15LF of concrete plantar curbing (City)
iii. Remove and replace chain link fencing (City)
iv. Re -work irrigation system, as needed (City)
V. Remove eight (8) large shrubs (City)
(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,
rework and/or replace the following improvements located on the Property:
i. Cut and cap sprinkler system (Seller)
ii. Relocate wood pallet material (Seller/Lessee)
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.
LLER:
A—
Michael Alan Free i, Trustee
edman, Trustee
City'Buyer
City of Santa Ana
David N. Ream
City Manager
Attest:
(4�� L
J�/ Maria D. Huizar
City Clerk
Approved as to Form:
Joseph W. Fletcher
City Attorney I ,.
9ndoval
ing Senior Assis nt City Attorney
Date:-� 21
, 2010
Date: fjA IZO 2010
Date: y F 2010
Date: q 1 -7 , 2010
Date: A� t J , 2010
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
STS -PCL -2
THAT PORTION OF LOTS 7 AND 8, IN BLOCK B, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF DEAN'S ADDITION TO THE
CITY OF SANTA ANA, RECORDED IN BOOK 1, PAGE 21 OF RECORDS OF SURVEYS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO DESCRIBED AS
PARCEL 4 IN THE GRANT DEED TO MICHAEL ALAN FREEDMAN, ET AL, RECORDED
MARCH 10, 2006 AS DOCUMENT NO. 2006000157729 OFFICIAL RECORDS, IN THE OFFICE
OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 7 AND THE
NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD AS SAID RIGHT OF
WAY IS DESCRIBED IN THE GRANT DEED TO THE CITY OF SANTA ANA, RECORDED
JUNE 25, 1970 IN BOOK 9237, PAGE 72, OFFICIAL RECORDS IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY NORTH
64053'48" EAST 23.91 FEET; THENCE NORTH 70003'37" WEST 19.04 FEET; THENCE SOUTH
64°56'32" WEST 4.14 FEET TO SAID WESTERLY LINE OF LOT 7; THENCE ALONG SAID
WESTERLY LINE SOUTH 00°01'16" EAST 14.88 FEET TO THE POINT OF BEGINNING.
CONTAINING 189 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 10" DAY OF JULY, 2008. �O AND S�
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GWEN-VERA DEL CASTILLO, PLS 5108L.S. 5108
REGISTRATION EXPIRES 6/30/09 j EXP, 6/30/09 ""�
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HEET 1-5F 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT
1STS-PCL-2,dgn 7/10/2008 11:58:05 AM
SA S S SURVEYING, INC.
15031 PARKWAY LOOP, SUITE 8
TUSTIN, CA 92780-6527 (714) 818-6266
S
TEMPORARY CONSTRUCTION
EASEMENT
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BEARING
DISTANCE
1 S00° 0 1' 16'E
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1STS-PCL-2,dgn 7/10/2008 11:58:05 AM
SA S S SURVEYING, INC.
15031 PARKWAY LOOP, SUITE 8
TUSTIN, CA 92780-6527 (714) 818-6266
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
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Michael Alan Freedman, Trustee and Jeanette Freedman, Trustee
of the 2003 Michael Alan and Jeanette Freedman Trust
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under
the Constitution and laws of the State of California, easement for public right-of-way purposes in, on, over under,
and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1006-
1012 Fuller Street, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated
State of California
County of n(I
On I Y G(r`of before me, vvt a Notary Public, personally
appeared who proved to me on
the basis of satisfactory evidence to'be the persons) 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
true and correct.
WITNESS my hand and official seal.
Signa
re4
fo(egoi�lg,pgragraph is
GINA SIMMS
COMM. #1854658
Notary Public -California
Orange County
Comm. Expires Jul S. 2013
areaJor o1jicial notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXR1011
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CANCEL
TAXES
X
APPROVED AS TO
FORM BY ATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTEN BY
DESCRIPTION
c1mcKED•o.x.
A,P,
NUMBER 398-093-13
RAV MAP
NUMBER
PROJECT
NUMBER
Portion of 1006.1012 Fuller Street, Smita Aua, CA
DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Michael Alan Freedman, Trustee and Jeanette Freedman, Trustee
of the 2003 Michael Alan and Jeanette Freedman Trust
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under
the Constitution and laws of the State of California, easement for public right-of-way purposes in, on, over under,
and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1006-
1012 Fuller Street, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated
State of California
County of n(I
On I Y G(r`of before me, vvt a Notary Public, personally
appeared who proved to me on
the basis of satisfactory evidence to'be the persons) 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
true and correct.
WITNESS my hand and official seal.
Signa
re4
fo(egoi�lg,pgragraph is
GINA SIMMS
COMM. #1854658
Notary Public -California
Orange County
Comm. Expires Jul S. 2013
areaJor o1jicial notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
STS -PCL -2
THAT PORTION OF LOTS 7 AND 8, IN BLOCK B, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF DEAN'S ADDITION TO THE
CITY OF SANTA ANA, RECORDED IN BOOK 1, PAGE 21 OF RECORDS OF SURVEYS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO DESCRIBED AS
PARCEL 4 IN THE GRANT DEED TO MICHAEL ALAN FREEDMAN, ET AL, RECORDED
MARCH 10, 2006 AS DOCUMENT NO. 2006000157729 OFFICIAL RECORDS, IN THE OFFICE
OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 7 AND THE
NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD AS SAID RIGHT OF
WAY IS DESCRIBED IN THE GRANT DEED TO THE CITY OF SANTA ANA, RECORDED
JUNE 25, 1970 IN BOOK 9237, PAGE 72, OFFICIAL RECORDS 1N THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY NORTH
64°53'48" EAST 23.91 FEET; THENCE NORTH 70°03'37' WEST 19.04 FEET; THENCE SOUTH
64°56'32" WEST 4.14 FEET TO SAID WESTERLY LINE OF LOT 7; THENCE ALONG SAID
WESTERLY LINE SOUTH 00001'16" EAST 14.88 FEET TO THE POINT OF BEGINNING.
CONTAINING 189 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF,
DATED THIS 10" DAY OF JULY, 2008.
GW EN -VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130109
Jn 107069-03 Santa Ana STS -PCL -2
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3 N64° 53' 48'E
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ATE: 7 09 08
GALE: 1 'EXHIE
. COA S / SURVEYING, INC.
HEFT 1 OF 1 RIGHT OF WAY &TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITE e
1STS-PCL 2.dgn 7/10/2008 11:58:05 AM rusriN, CA 92780-6527 (714) 918-6266
When recorded, please mail this
instrument and tax statements to:
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 CODE
SECTION 6103
TEMPORARY CONSTRUCTION EASEMENT DEED Exhibit "13"
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Michael Alan Freedman, Trustee and Jeanette Freedman, Trustee
of the 2003 Michael Alan and Jeanette Freedman Trust
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 1006-1012 Fuller
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 'A1" 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 a driveway 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 V )f $50 per month prorated to the actual date said use terminates. This
easement shal rmina upon compI lion of said cor-- io any event shall cease and terminate not later than August, 2011.
By. Date: .2010
Michael Alan Freedman
By:
Je a reedman
STA OF CALIF RNIA }ss.
COUNTY OF
On _,2010, before me,
personally appeared rq 1 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 acknow a gedr d o me that he/she/they executed the same in his/her/their authorized capacity(les), 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 r GINA SIMMS
COMM. 81854658
W Notary Public -California '
Orange County
Signature Comm. Expires Jul 8, 2013
7 SIGNATUR OTARYPUBLIC PLACENO A SAL ABO E
-n- , v1%
O UOEZ
CANCEL
AGENCY(IES)
APPROVEO BY
DESCRIPTION
DESCRIPTION
A.P.
RAN MAP
PROJECT
TAXES
PUBLIC WORKS
DIRECTOR
WRITTEN BY
CHECKED-O.K.
NUMBER
NUMBER
NUMBER
398-093-I3
Portion of 1006-1012 Fuller Street, Santa Ana CA
TEMPORARY CONSTRUCTION EASEMENT DEED Exhibit "13"
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Michael Alan Freedman, Trustee and Jeanette Freedman, Trustee
of the 2003 Michael Alan and Jeanette Freedman Trust
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 1006-1012 Fuller
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 'A1" 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 a driveway 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 V )f $50 per month prorated to the actual date said use terminates. This
easement shal rmina upon compI lion of said cor-- io any event shall cease and terminate not later than August, 2011.
By. Date: .2010
Michael Alan Freedman
By:
Je a reedman
STA OF CALIF RNIA }ss.
COUNTY OF
On _,2010, before me,
personally appeared rq 1 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 acknow a gedr d o me that he/she/they executed the same in his/her/their authorized capacity(les), 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 r GINA SIMMS
COMM. 81854658
W Notary Public -California '
Orange County
Signature Comm. Expires Jul 8, 2013
7 SIGNATUR OTARYPUBLIC PLACENO A SAL ABO E
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A-1"
LEGAL DESCRIPTION
STS -PCL -2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOTS 7 AND 8, IN BLOCK B, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF DEAN'S ADDITION TO THE
CITY OF SANTA ANA, RECORDED IN BOOK 1, PAGE 21 OF RECORDS OF SURVEYS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO DESCRIBED AS
PARCEL 4 IN THE GRANT DEED TO MICHAEL ALAN FREEDMAN, ET AL, RECORDED
MARCH 10, 2006 AS DOCUMENT NO, 2006000157729 OFFICIAL RECORDS, IN THE OFFICE
OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 7 AND THE
NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD AS SAID RIGHT OF
WAY IS DESCRIBED IN THE GRANT DEED TO THE CITY OF SANTA ANA, RECORDED
JUNE 25, 1970 IN BOOK 9237, PAGE 72, OFFICIAL RECORDS IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY NORTH
64°53'48" EAST 23.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
70003'37" WEST 19.04 FEET; THENCE SOUTH 64°56'32" WEST 4.14 FEET TO SAID
WESTERLY LINE OF LOT 7; THENCE ALONG SAID WESTERLY LINE AND THE WESTERLY
LINE OF SAID LOT 8 NORTH 00001'16" WEST 8.43 FEET; THENCE SOUTH 70°03'37" EAST
29.84 FEET TO SAID NORTHWESTERLY RIGHT OF WAY LINE; THENCE ALONG SAID
RIGHT OF WAY LINE SOUTH 64°53'48" WEST 7.07 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 138 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 10th DAY OF JULY, 2008. AND2"_V�ct. b—cra'd �.o S�
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GWEN-VERA DEL CASTILLO, PLS 5108L.S. 5108 T
REGISTRATION EXPIRES 6130109
EXP. 6/30/09 "c�
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Jvb 107-0691
DATE: 7409108 COAST
� C� T
SCALE: 1"=20' (� 0A J / SURVEYING, INC.
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITE 0
TUSTIN, CA 92780-6527 (714) 918-6266
...1STS-PCL-2.dgn 7/10/2008 11:58:05 AM
I
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TEMPORARY CONSTRUCTION
EASEMENT
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BEARING
DISTANCE
1 S00° 0 1' WE
14. 88'
PN/ 2 N64053' 48" E
23. 91'
3 N64° 53' 48"E
7. 07'
4 N70° 03' 37'W
29. 84'
5 SO0° 0 1' WE
8. 43'
6 N64° 56' 32` E
4.1-4'
7 S70° 03' 37'E
19. 04'
Jvb 107-0691
DATE: 7409108 COAST
� C� T
SCALE: 1"=20' (� 0A J / SURVEYING, INC.
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITE 0
TUSTIN, CA 92780-6527 (714) 918-6266
...1STS-PCL-2.dgn 7/10/2008 11:58:05 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 OP SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
Recorded in Official Records, Orange County
Tom Dal , Clerk -Recorder
1111111 NO NO FEE
201000020639810:17 am 05/03/10
143 416 002 4
0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
d
CANCER,
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A,P,
WW MAP
NOAIDER
PROJECT
NVMBE0.
TAXES
FORM BY ATTV.
DIRECTOR
WRITTEN BY
CISCKED-o.R.
NEER 398.893.13
I
X
Portion of 1006-1012 Fu11v Smut, Santa Ane, CA
DBBD NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Michael Alan Freedman, Trustee and Jeanette Freedman, Trustee
of the 2003 Michael Alan and Jeanette Freedman Trust
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under
the Constitution and laws of the State of California, easement for public right-of-way purposes in, on, over under,
and through the real property in the City of Santa Ana, County of Orange. State of California, located at 1006-
1012 Fuller Street, described as follows:
CFF RXHIRITR "A" AND "8" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
,....y,_.. ._ ..._ ...__ ..............
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 fore of g p ragraph is
true and correct. GINA SIMMS
COMM. 01854658
WITNESS my hand and official seal. v Notary Public•Califor ud
Orange County
1 J �� Comm. Expires luta,
Signa Ire' (This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
STS -PCL -2
THAT PORTION OF LOTS 7 AND 8, IN BLOCK B, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF DEAN'S ADDITION TO THE
CITY OF SANTA ANA, RECORDED IN BOOK 1, PAGE 21 OF RECORDS OF SURVEYS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO DESCRIBED AS
PARCEL 4 IN THE GRANT DEED TO MICHAEL ALAN FREEDMAN, ET AL, RECORDED
MARCH 10, 2006 AS DOCUMENT NO. 2006000157729 OFFICIAL RECORDS, IN THE OFFICE
OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 7 AND THE
NORTHWESTERLY RIGHT OF WAY LINE OF SANTA ANA BOULEVARD AS SAID RIGHT OF
WAY IS DESCRIBED IN THE GRANT DEED TO THE CITY OF SANTA ANA, RECORDED
JUNE 25, 1970 IN BOOK 9237, PAGE 72, OFFICIAL RECORDS IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY NORTH
64°53'48" EAST 23.91 FEET; THENCE NORTH 70"03'37" WEST 19.04 FEET; THENCE SOUTH
64°56'32" WEST 4.14 FEET TO SAID WESTERLY LINE OF LOT 7; THENCE ALONG SAID
WESTERLY LINE SOUTH 00°01'16" EAST 14.88 FEET TO THE POINT OF BEGINNING.
CONTAINING 189 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 10th DAY OF JULY. 2008.
-Ve,, &_e<C4-t,.
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
Jn 107069-03 Santa Ann S'rS-PCL-2
DEL
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EXP. 6/30/09 Q
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BEARING DISTANCE
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SOO° O 1' 16" E 14. 88'
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S70603' 37'E 19, 04'
DATE: 74 09 08 "'
SCALE: 1 =20 SURVEYING, INC.
15031 PARKWAY LOOP, SUITE 8
RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT
SHEET 1 OF i TUSTIN, CA 92780-6527 (714) 916-6266
\STS-PCL-2.dgn 7/10/2008 11:58:05 AM
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by deed dated
a -10 from l,A JE 1.ltTTE
v► tt-Tre ��ST
T.Aw. i TeiK7t^-G r)1=7NYd AA ItUhq d AAdktt IRR) to the Citv of Santa Ana, a
charter city and Municipal corporation duly organized under the Constitution and laws of
the State of California, is hereby acknowledged and accepted 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.
David N. Ream
PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
STATE OF CALIFORNIA
COUNTY OF ORANGE /
On 'LZ- 0 before me 1,'A640ke ZArrik Nry PUk
(Date) I
/(Name and title of the o cer)
apersonally appeared II V1 � 7' ,
I (Name f person signing)
who proved to me on the basis of satisfactory evidence to be the person whose name(g is/9w
sscribed to the within instrument and acknowledged to me that hshe/t y executed the same in
hi /her/t r authorized capacity(i?6), and that by lairs/her/tt it signature on the instrument the
rson(), or the entity upon behalf of which the person(gi 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.
WITNES and fficial seal.
R CAM=*
OWANdon • 17MM
Mllrly AIMo " Ca�NiNo �
Signatur of Officer County
=1
(Seal)
fZry io.:>.cs•