HomeMy WebLinkAboutHPT CW PROPERTIES TRUST-20101NSU~AIJCE tJ~~T ~~~0(JIR~D A-2010-003
WDRK +'NaY p~~nCt=E~
CLERK ~~` (~;;;U~CIL
i~ATF ~_~-/0
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
(Commercial)
THIS AGREEMENT, entered into this5`~+ day of -Tan~~~~ 2010, 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"), and HPT CW Properties
Trust. a Maryland real estate investment trust (hereinafter called "Seller"), regardless of number or
(~ gender;
,-('
F
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
b~ property" or the "Property ") described as follows:
U
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 of 2600 Redhill, Santa Ana, CA)
(APN 430-221-19)
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, at
the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, the
date specified by City as herein provided. City shall execute this Agreement within thirty (30) days
after City Council approval and notify Seller promptly once this Agreement has been approved and
executed as aforesaid. City shall specify the date on which the conveyance shall occur in a written
notice delivered to Seller at least ten (10) business days prior to the actual conveyance date (which
date shall occur within ninety (90) days from and after the date on which the City has approved the
Agreement).
2. Title to be Conveyed. (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 Paragraph 15
below; provided, however, Seller makes no covenants or warranties as to its title to said real property
except as set forth in the Grant Deed delivered pursuant hereto.
Page 1 of 24
(b) Simultaneously with the conveyance of the real property, Seller shall also 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.
3. Title Insurance. Seller agrees to deliver to City, at City's sole cost and expense in accordance
with Section 4 below, 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 ONE MILLION SEVENHUNDRED THREE THOUSAND FIVE HUNDRED
EIGHTY-FIVE AND NO/100 DOLLARS ($1,703,585) 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, other than any
matters of record, as shown in the Attachment 4, attached hereto and incorporated herein by this
reference made a part hereof.
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 30 days of the
City's execution of this Agreement.
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. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year
within which said teat property is conveyed to City as are unpaid at the time of said conveyance shall
bF cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation
C~:~de 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 of 24
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 ONE MILLION
SEVENHUNDRED THREE THOUSAND FIVE HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS
($1,703,585). 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) Recordation of the Deed conveying said real property to City,
(b) The title company's irrevocable commitment to issue a title insurance policy to City in
accordance with the provisions of Section 3 above.
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. Waiver of Potential Violations. City hereby acknowledges that Seller is entering into this
Agreement and conveying the Property to City in lieu of requiring the City to pursue condemnation
proceedings with respect to the Property and that, following the closing of the transactions
contemplated hereby, Seller's remaining property, may not comply with all municipal legal
requirements (including without limitation, zoning and parking requirements) applicable thereto. City
hereby waives any such non-compliance resulting from the closing of the transactions contemplated
hereby, which waiver shall survive at the closing. .
9. Waivers. The waiver by either party of any breach of any covenant or agreement herein
contained on the part of the other party 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, Assigns, 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. 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. City agrees to exercise such access rights in a manner so
as not to u~~reasonably disturb the operation of the real property. City hereby agrees to indemnify,
defend and hold harmless Seller from and against any loss, claim or damage incurred or suffered by
Seller in connection with the exercise of such inspection rights.
13. Just Compensation. 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:
Page 3 of 24
REIT Management and Research
Andrew Strain
400 Centre Street
Newton, MA 02458
15. Exceptions. City agrees to accept title to said real property subject to the matters described in
greater detail in Attachment 4, attached hereto and by this reference made a part hereof.
16. Entire Agreement. 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. Contingency. 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 constitute said acceptance and approval.
18. Modification and Amendment. This Agreement may not be modified or amended except in
writing signed by the Seller and City.
19. Partial Invalidity. 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.
20. 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.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
22. No Reliance By One Partv On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability 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.
23. No Third Partv Beneficiary. This Agreement is intended to benefit only the parties hereto and
no other person or entity has or shall acquire any rights hereunder.
24. 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 tha
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.
25. Applicability of Agreement 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.
26. Authority to Execute Agreement. 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 indemnify City fully, including reasonable costs and attorney's fees,
Page 4 of 24
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.
27. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
28. Condition of Property. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
AGREEMENT OR IN ANY DOCUMENTS TO BE DELIVERED BY SELLER i O CITY AT THE
CLOSING, SELLER HAS NOT MADE, AND CITY HAS NOT RELIED ON: AN`A' INFORMATION,
PROMISE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE
PROPERTY TO BE CONVEYED HEREUNDER (WHETHER MADE BY SELLER, ON SELLER'S
BEHALF OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF
THE PROPERTY, TITLE TO OR THE BOUNDARIES OF THE PROPERTY, PEST CONTROL
MATTERS, SOIL CONDITIONS, THE PRESENCE, EXISTENCE OR ABSENCE OF HAZARDOUS
MATERIALS, TOXIC SUBSTANCES OR OTHER ENVIRONMENTAL MATTERS, COMPLIANCE
WITH BUILDING, HEALTH, SAFETY, LAND USE AND ZONING LAWS, REGULATIONS AND
ORDERS, STRUCTURAL AND OTHER ENGINEERING CHARACTERISTICS, TRAFFIC PATTERNS,
MARKET DATA, ECONOMIC CONDITIONS OR PROJECTIONS, THE ADEQUACY OF THE
PROPERTY FOR CITY'S INTENDED USE, AND ANY OTHER INFORMATION PERTAINING TO
THE PROPERTY OR THE MARKET AND PHYSICAL ENVIRONMENTS IN WHICH IT IS LOCATED.
THIS SECTION 28 SHALL SURVIVE THE CLOSING.
29. Disclosure Notice. City and Seller acknowledge that City hereby waives any requirement that
Seller disclose if the Property lies within any natural hazard areas or zones.
30. Environmental Reliance. City hereby acknowledges and agrees that Seller previously
conducted certain inquiries and investigations respecting the environmental condition of the Property
and in connection therewith obtained a Phase I Environmental Site Assessment, dated as of May 22,
2003, prepared by ATC Associates Inc. (the "Environmental Report"). City agrees further that for
purposes of California Health and Safety Code Section 25359.7, Seller has acted reasonably in relying
solely upon the Environmental Report and the delivery of such report constitutes written notice to City
under such code section.
31. Failure to Close. IF ESCROW FAILS TO CLOSE DUE TO A DEFAULT BY EITHER PARTY
UNDER THIS AGREEMENT, THE PARTIES AGREE THAT THE NON-DEFAULTING PARTY'S SOLE
AND EXCLUSIVE REMEDIES SHALL BE:
(a) TO SEEK AN ACTION FOR SPECIFIC PERFORMANCE OF THE OTHER PARTY'S
OBLIGATIONS HEREUNDER (WHICH ACTION FOR SPECIFIC PERFORMANCE MUST BE FILED
AND SERVED UPON SUCH OTHER PARTY WITHIN THIRTY (30) DAYS AFTER THE FAILURE TO
CLOSE), OR
(b) TO TERMINATE THIS AGREEMENT (IN WHICH CASE, EXCEPT AS OTHERWISE
SET FORTH HEREIN AS EXPRESSLY SURVIVING A TERMINATION OF THIS AGREEMENT AND
THE PARTIES' DUTIES UNDER THIS SECTION, THE RESPECTIVE RIGHTS, DUTIES AND
OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL FORTHWITH TERMINATE
WITHOUT FURTHER LIABILITY) AND RECOVER, AS LIQUIDATED DAMAGES THE AMOUNT OF
$25,000. NEITHER PARTY SHALL HAVE NO RIGHT TO RECOVER ANY LOST PROFITS,
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Page 5 of 24
EXCEPT FOR THE RECOVERY BY A PREVAILING PARTY OF ITS ATTORNEYS' FEES AND
COSTS, AS PERMITTED HEREIN, EACH PARTY HEREBY WAIVES AND RELINQUISHES ALL
CLAIMS FOR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS,
CONSEQUENTIAL AND INCIDENTAL DAMAGES ARISING BY REASON OF THE OTHER PARTY'S
DEFAJLT HEREUNDER. .
SUCH-LIQUIDATED DAMAGE AMOUNTS SHALL BE DEEMED TO CONSTITUTE A REASONABLE
ESTIMATE OF THE NON-DEFAULTING PARTY'S DAMAGES UNDER THE PROVISIONS OF
SECTION 1671 OF THE CALIFORNIA CIVIL CODE AND SHALL CONSTITUTE SUCH PARTY'S
SOLE AND EXCLUSIVE REMEDIES FOR THE OTHER PARTY'S FAILURE TO CLOSE.
BY INITIALING BELOW, THE PARTIES ACKNOWLEDGE AND AGREE THAT BASED UPON THE
CIRCUMSTANCES NOW EXISTING, KNOWN OR UNKNOWN, IT WOULD BE EXTREMELY
DIFFICULT, COSTLY AND IMPRACTICAL TO ESTABLISH DAMAGES FOR EITHER PARTY.
ACCORDINGLY, BOTH CITY AND SELLER, BY THEIR RESPECTIVE INITIALS SET FORTH
BELOW, DO HEREBY ACKNOWLEDGE AND AGREE THAT TERMS SET FORTH IN THIS
SECTION 32 ARE NEGOTIATED AND REASONABLE AND INTENDED TO BE LIQUIDATED
DAMAGES.
CITY'S INITIALS SELLER'S INITIALS ~"~~
32. NON-LIABILITY OF TRUSTEES. THE DECLARATION OF TRUST OF SELLER, A COPY OF
WHICH IS DULY FILED WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE
STATE OF MARYLAND, PROVIDES THAT THE NAME "HPT CW PROPERTIES TRUST" REFERS
TO THE TRUSTEES UNDER SUCH DECLARATION OF TRUST COLLECTIVELY AS TRUSTEES,
BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER,
SHAREHOLDER, EMPLOYEE OR AGENT OF SELLER SHALL BE HELD TO ANY PERSONAL
LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF, OR CLAIM AGAINST, THE
SELLER. ALL PERSONS DEALING WITH SELLER, IN ANY WAY SHALL LOOK ONLY TO THE
ASSETS OF SELLER FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY
OBLIGATION.
Page 6 of 24
The parties have executed this Agreement as of the date written below.
SELLE ~ W Prop rties Trust, a Maryland real estate investment trust
By
Its: Sc~wxo< U ;cv ~p ~; do „~'
CITY/BUYER:
CITY OF SANTA ANA
David N. Ream
City Manager
ATTEST:
BY: /I!iVl,/~, ~ Dated / zr to/a
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney ,.~
BY
Assistant City A
Page 7 of 24
Attachment 1
1;"7~1II61'}" "A"
Page 1 of 2
T,ECAL DFSC:}tl?TIC}N
AP iV~. 430-221-19
I)Yh:R ROAtI :~~il} RIvD 131L.1, AVF,"tiL=E
(TIPT G~'4' 1'12C)PERTTI/~ T12G`ST)
That. certain parcel ctf }anti situated in the City of Santa Ana, County of Clrangc, State of
California, being that portit}n nt' P:rrce,} 1 of Lot line Aetjustcnent l,.t, r}7-t)23, rc;~;or<ted
June; l t , 1998 as ]nstrvtnent 'Vo. i <)98035f;02 } nf' Official Rccc~rds in the i7ffit:e of the C'ciunty
itecordcr of said. Orartge county, described as follo~vs:
~Ct~111viF:NC1':~lfi at the intersection of the centerline of Lj}~er Road ~=ith the ccyttewrlinc ol'Itod
Hill r'lvenuc; as shown on a tnap filed in F3ook 48, rage 34 of Parcel Maps in said C)ffice rrf #lae
CUUnty Re;eordcr of grange County, thence along the. centerline of Rcd }-liil A ve:nac as shown on
said parcel Wrap ~lortlt ~~°35'_76 Lat 30.110 feet to the southwester}y line of I,ot 106 of Irvine's
Suhdi~~ision as shown on said parcct mal>; thence a?ntinuing alonb said centerline of Reel Hil}
:'lvcnuc North ~}0°3'1'53" £ast 47.00 feet to the southeastcrl}' prolongation of the northeasterly
litre of said farce} 1 of Lot Lute Adjusttnerrt No, LI, 97-023; Thence along said pralttngation and
said northeasterly line forth 49'2(1'32"'4'Jest >4.55 feet to the Tlttll: PQi'_YT' t)F"
BEGINNING; thcyttct lca~~ing said northeaster}y lino South 413°27'49" East 15.55 feet to a lint
para}}c:I with snd 74.0 liset northwester}y c7}' said centerline. cal' Red 1•ti11 Avenue; thence altrng
saiel parallel 1'€tte Snrzth 40°3%'S3" ~~'est ?59.99 feet; thence South 85°31i'4t)" G3'~est 18.19 feet to a
lirec parai3el with and 73.3:1 feet nortltcasterly of the centerline of iJyer C2oad as shenvn on said
parce} =n<ap; thence aktn~ said parallel }ine Nortit 49'2()'3" ~'~'est 2:t=f.() feet to they
nort}twcsterly line of said Parc.I l; thence along said northwesterly line South 40°_39'?8" 1~'cst
19.33 feet to rite nc~rtheastcr}y right-of=tvay of Dyer Rnttti as desu~ribed in that certain docutncnt
recorded Junc 11, 1998 as }nstrt;tucnt No. 19~3S036fi023 {aft=)fiicia} Records in said Uffce of the
County Recorder of (range Caun#}~; t.}renc$ along said northeasterl}~ right-of=tivay and the
northwesterly ri~]t-ref ~r,fa}° of Rc:d I-fill rlvcnue as descrii~cd in those certain documents recorder}
J~~u3e 11, 199fi as Instnunent Nos. 'f 9~78t)s680?~ and 19~8(13tiliO2~, bo=1t of C7fftci:~i Records to
said OfTicc of the t`ount}' R~~o;d~r of C)rait~~e C:ormty=, through the folloci~ir~l; caurses:
South 49'2(1 ~`' Fast 277.82. feet; theacc ?north 83 39'03" East 33..34 feet; thence
North 4U°3 i 53" 1?ast 205.115 feet to the begittniotg of a tangent curve concave southeasterl}' and
hating a radius of l 12.2? feet; thence along saiet cunrc. nvnheasterly 33.43 feet through a ccrttral
angle of } 7°U3'42" to a point afreverse curvature with a can°c concave northtvesti:rly and havia~,g
a radius of 92.75 feet, a radial line of said curvy, fio,n said point bears North 32°18'25" t~'cst:
thence ctlc>ng said cun•e northcastcrl}~ 27.4"r feet throus:h a cer_tral angle of } 7°03'42' ; #}aence
Page 8 of 24
Attachment 1
r~P \o. 43t)-227-1~ Pa;e 2 of 2
~ycr Raad end Iteci Rill t'lvenae
(ll}'T' C~~' PrapertfGS Trust)
Eh6ibit L'r~°'
~tiaatgxa~t frt>i~i sE1id curve T~7o~rth 4th°~i'S~" )ast 12.94 feet to tl~c r~o~~~~5terly ]irbe~ of ~s~id
P~~rcel l; thence along stcid nortlieasttrly line ~lortlt =l9'20`3?" ~V'est t(}.~S feet to tl~e TRt.]E
YC)114'1" (?F' SF:CI:\lVil+w'G.
CC)N'[`AI~1?~G:~,(}75 Squ~ue Felt.
Si1t3J)« CT TO a]} Covenants, t2ithts, ]tights-of-'~'4'ay and Easemc~t~ts o#'P~ec;ord.
iN;;'~HCi3iT `'I3" attaclaeti ant] by this referencenZntle ti ~7rt E~creof.
~y5~~ ~~~~ ~v~GF'
~`''' KURT R. o
_..:~..__ __ r.~., ~~~' .~ i'RpXI_LL ~
Kurt R. Truxell, L.S. 7854 I7atc ~
'~ ~. '7854 a '~.
!7F
Page 9 of 24
Attachment 1
DATA TAE3LE
NC ~R.IV;;/D .LTA RAOIl15 LENGTH
1 h49' 20' 32"1V -- 74, 55'
2 17'03'42" n2.25' 27.47'
3 17'D3'42" 11L.25' 33.43'
4 N85°39'03"E --~ 35.34'
5 S~~D'39'28"N -- 19.3.i"
S N45°2D'32"iY __ 10.55'
NG7F::.
i) IP.CIuiiTES RI=u0R0 OhfA Pte: L,L,A. N0. 97-023,
INaTRUl.IE*JT N0. 199803E302i, D.R.
(~9'21'1~6"ht 3'5.72'} ~-
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ct
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~~'~ 15.66' .1
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-' AP 430-221-19
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~ NO 1:i980~24, C.R.
r 549"20'32°E 277.82' _ _~ _'y_„~ CITY B,Y.
NE't-Y R~ih ^ER iNST. hJO. 1998D36+3G23, 0 R. _ ~.~ _CI_TY D lUSi~IN
``' -C~DYERROAD S'H Y LI*.~ LOT ,,u5 ~ ~ CITY 3Ni)I:Y. ~-
_.....- _ _ _.V.,_ IRJI~ ~ 4' -~. , fA.M. 1/IFS CITY Or IR'dINE
N4a 7.0'31 W t ~37_i.72' ,t "9°21' 16 W 1321.68'} ~ p,a0;3S,3,,,,~ - _
EXH~Q~T nB~
9~TCti 7D ACCAI~'ANY A
LE(iA1 DESCPoPTION FOR
AP NO. d36.221-49
DYER ROAD AND RED MILL AVENUE
(HPT C1N PROPERTIES TRUST)
CONTAINING: 8,075 SQUARE FEET
~t E ,` o
I i ~ 3o.DD'
PµO.C• (!40'30' 15'°~) PER
_ s F.td.3, 43/347
SHEET 1 Qf 1 SHEET
~.
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C Q N 5 U LTI N E3 94as73 wos . FAX scax7aairJ . ,w.RF.car.
,~
J.3~. iF;-i~1041
Page 10 of24
.., ,~-~
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~',~
~ 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
CANCE
L AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RIWMAP PROJECT
TAXES PUBLlC WORKS DIRECTOR WRITTEN BY CHECKED-0.K NUMBER NUMBER NUMBER
430-221-19
Portion of 2600 Redhill Avenue, Santa Ana, California
Attachment 2
TEMPORARY LANDSCAPE EASEMENT
:~~\w
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a (L
HPT CW Properties Trust, a Maryland real estate investment trust,
Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and munici I corporati duly organized under
the Constitution and laws of the State of California, a temporary easement r
t#ae-rtgh~to plant, maintain, replace, or remove landscaping in, upon, over an across that certain real property in
the City of Santa Ana, County of Orange, State of California, located at 2600 Redhill Avenue, 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 and sign relocations will be constructed as shown in
Attachment 2, Exhibit C. Drainage inlets will be installed in the areas as shown in Attachment 2, Exhibit D
and HPT CW Properties Trust will be responsible for maintaining such inlets free of debris and other matter.
(B) During construction of driveway approaches, full and complete 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- to
maintain such access. In this case, the City or the applicable contractor shat! provide a temporary asphalt
driveway to the business until a permanent concrete driveway is constructed=and shall provide appropriate
signage to direct customers and guests to the business. At no time, shall the City or the contractor block
access to the business during construction. NO fences shall be constructed on or around the property in
connection with such construction.
(C) City shall indemnify the undersigned against and hold the undersigned harrlless against 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 of by any act or omission for which the City or its contractors is
I'rable in the exercise of the rights herein granted.
(D) All work performed by the City or its contractors hereunder shall be performed in a good and workmanlike
manner and so as not to otherwise unreasonably interfere with the business. The City shall not permit any
liens to be imposed against the property in connection with any such work.
Page 11 of 24
SPACE ABOVE THIS LINE FOR RECORDER'S USF
(E) Except as shown in the Attachent 2, Exhibit B and C, the work to be performed by the City or its contractors
hereunder, the City shall restore the property (as improved hereby) to substantially the same condition as it
was in prior to the commencement of such work. Without limiting the foregoing, the City shall cause any
existing palm t~ ees which are removed in connection with the exercise of its rights under this easement to be
replaced with palm trees of similar value, height and maturity.
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 onto owner's property by City's contractor. Upon completion of street
widening work, the Easement Area shall be maintained with landscaping 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.
THE DECLARATION OF TRUST OF HPT CW PROPERTIES TRUST, A COPY OF WHICH IS DULY FILED
WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES
THAT THE NAME "HPT CW PROPERTIES TRUST" REFERS TO THE TRUSTEES UNDER SUCH
DECLARATION OF TRUST COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY,
AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF HPT CW PROPERTIES
TRUST SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION
OF, OR CLAIM AGAINST, THE HPT CW PROPERTIES TRUST. ALL PERSONS DEALING WITH HPT CW
PROPERTIES TRUST, IN ANY WAY SHALL LOOK ONLY TO THE ASSETS OF HPT CW PROPERTIES
TRUST FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION.
HPT CW e s Trust, a Maryland Real Estate Investment Trust
BY~ J- Date: '~A n ~ ~'` , 26Ur ~®~ o
Its: SFM ~C V~'4~ Pc~i'~Cw c..~ -
~'I~.SS
STATE OF G4Eif8RidiA ~ ~ j~~ (f1x }ss.
COUNTY OF !- ~ l 1
/ j ~ ~Rr - ti u personally appeared
~~Yt~~ tern ~ e~h 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/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~
/ ' l~
I certify under PENALTY OF PERJURY un r the ws of e - that the foregoing paragraph is true and correct.
Signature
Signature o otary Pu c place notary seal above
~, CAMILL~ BALLE'fT0
~`~j, Notary Public
{Ij$~~COt~MONWEALTH OF MASSACHUSETTS
My Commission Expires
August 12, 2016
Page 12 of 24
Attachment 2
EYIl.CI3IT "r1,,
Page l of I
LOCAL llFSCRII'Ti(3
r1I' ]v'O.430-221.-19
~'fJR "1'lN)iPOR~+,RY LANUSCAPF Fr1.fiE1!lf+:l!'I'
D`~'i+,l2 R(~:'1t) AN)0 RED IIIi:C: A~fENt7C
(IIIP'l' C~V PitOPlvit"f1ES 1'RIST)
That cErtain parcei of land situated in the C_'ity of Sant? Ana, {:'aunty at' Orange, State of
Califtxmia, tieing thlt portinn al' Parcel 1 of l.,c~t T.,ine ~.djxzstixxetxt l,l., 97 023, rccQrdcll
Jane l 1, l 998 as Instrument Ito„ 199803b80~ 1 c>f ()fieial Retards in the C3fhc;c of the C'aanty
Rctrardc~x• of saki orange county, descrilaed as follax~=s.
C4i~•Ti12ENC:I[J~G at tihe intersection of the ct:•nterline of Dyer Road ~Nith the cc~xtcrline of Red
Hill ,t1~=enuc as slzocx'n an a map filed in Book 411, Page 34 of Parcel lti=laps in said Cfliu: of the
County Reccxrd~~r aft7ranr~e County; thence along the c~ntertine of Red Hill Avenue as shtxxx~~n an
said parcel map iti?ortli40°3b'3b Fast 30.00 feet to the sauth~=estcrly line ctf' l.ot 105 of lrx+•ine's
Subdi~rision as sho~vtt an said parcel n3ap; thence continuing clang said ccntc~line of Red 1-lill
Avenue Nc~rih 40°37'53" East 457,00 feet to the southeasterly prolongation of fire nartlteasterly
line of said Parcel 1 of Lcxt Line Adjustment No. LL 1)7-023; thence clang said prc~lQngatian gnd
said nt~rtheast4rly line ]earth 49`20'3>' U~'est 74.55 feet to the TRi1lr PE)INT 4I*'
BECiN\ING; thence ]having said nortlteasterl}+ line South 40°27'41).' East 16.(ib feet to a line
parallel xvitit and 74.50 feat narthu~esterly of said centr.~r[ine of Rt>ti Hi11 ,Avenue; tlte~tce trlan~;
said parallel line South 40°37'53'"'~~,'est 369.99 feet; thence South 85~38`4t)" ti~'est 35.19 feet tct a
line parallel xtrith and ?3.33 feel txixrtheasterly of the eenterIine al' Dyer l2aad as yhaun an said
parcel tt~ap; thencu clang said parallel line Ivor•th 49"2tl`3`~'" Wetit '?~4, i(i feet to the
notrth~~esterly line of said Parcel 1; tlxcncl; along; said nur-ihxx••esterly line North 4C3°39'2S" East
40.03 feet; thence leaving said northt~resterly line South. 50"09'3=, East 8.61 feet to a paint an a
thin-tangent curve concave. northcr-sterly and hoc ttl; a radius of 40,00 feet, a radial linty af' said
curs=~: front said .point lxcars South ?9='Ofi"42"' East, the southeasterly terminus of acid cnrvc kiting
tarxge;nt to rt line parallel ~~s~ith and 93.3.3 feet northcast%rly of the centerline afraid T3yer Road;
thence along said curve southerly 42,()5 fc;et thrortgh a ccrxtrai ankle of 60~ 13'~El" to said point of
tang~;ncy; thence clang. said part~llel line SautIx 4z)°20'32" Fast 237.97 feet; thence
North 1037`53"' I~ast 377.f10 feet; thttrct: 5cxuth 49"3.2'1 1"Fast 5.00 feet; thence
l~iorth 10°37';9" last 1 b.tib fe~:t to the ttartlteasterly line of said Parcel 1; thence alt~ng said
nu; tJteast~rty line Satrth 49°21)'32" Fast 1.5.00 feet to the TRUE POIttiT QF BEGl~ti1\I1(.
CAN"I'AlrtiI~'~G: 1.3,827 Square t=eet.
Si;BJECT'iC`C? all ('ar•enants, Rights, Rights-of=tVay and Easerncarts of 1
`~~~ t,AND 5~~cn
lE:!4H1131 F ``13" attached and by this reference tnade a part hereof: g G
`,1L KURT R. o
-~ T{lC1KELL ~'
.Kurt R. 1 roxc.ll L.S ; 854 I.~ate 714 ~
r~~;>~~n a~7,ca+~~: Ad."~rk,t~-~,ts<.,a~,<t•~cr.c~.~~: `~~q~'r' t2~3~t~~ ~~~.
FaF CAS-~~~
Page 13 of 24
Attachment 2
_ _cHra_ rari_E
{fNG 3RtV~/DELTA RADIUS LEIJGTH I~0"E:
4 ___,------..____ __m _,..__-____.___-__
1 N49'20'32"~ -- 74.55 { ) iNDICP,TES RECGRD DATA PEF2 L.L.A. NG. LL 97-G23,
2 5A0°27'49"W -- 16.c6' Ii'dSrRU!.lENr N0. 19930308021, 0.f2.
3 X50"G9 27"- __ 3.01' 1 I 1 ~,
s sG'1z 50" ~G.00' az.c5' T.P.a.B. f ~ 12G' ~.
549'32 11"E -- S.G0' _4 13u' .Jn' f~ 6G'Q
3 N40°27'4g'.~' -- 1b.bo'
9 a49°X1'32"'E -~ 15.00' ~ ~ ~ ( ~ °
- . {N49°21'10"W 315.72') 3 P ~ ~
____ - - c a
tv~. LY L IrF' PyL . 1 ""r '~.'_~~ ~`"` 1 ' ; n u;
r~,~
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o ) _ ~~ W
r ~:,
I~a~ ~1.1~~ ~1rJJU~7;~~4~NT ~~. La 97--CJ23 ~ ~ z `~ `'~
11~.~7~. iMtl. ~ JJ~{~ilS~O~~ ~ ~ tJ.ll. t;i rcc'i ~~~ ~ N.i'd
o via
r ~ ~ AF' 430-221-19 ~,~ ~ ~, q ~,,~ F _
.``' .'~ {26(,I7 aOUTH RED hIILL AVENUE) "~ w '' o z~-~~ ~ ~~
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r- ~ a4~~ ~.0'3l E 237.'97 ~ -°-. -"_ ~ ;
~-~- N49°20'32"Yt 274.3Q' ~; ..._ 43 , 3~---t-- EXIST Fi/1Y PER INST.
-.. ~' yG. i958G36dG24, O.R.
~ ~ ~ 1 _._. -.. ~ (~ rI TY iiNGRY. _.
ti: ~i ~ E~(s'sr. I7/W P=.~t i"5r. iJ0 =993G3&8023 0 R. ~ _~ 0i Y GF TJ`~riN
~~ ~ ~ ~..~
~DY~RFt~O~ SW'LY LI1~~ ~Gi 1'- ~ ~-.CITY bf~~2Y
_~ ~~ _ _ IRVI(+E'S 5,~3. #A,?d. 1/~8 j ~ %I~Y flF II7JIttiw
Y pp N49'2G'32"'li 1 `321.72' {`J49°20-~E"'A' ' 4321~68~~. ~ ~__._.~ ~. .,. - _ T
~XH~Df~ a~n ?'d4G'3n`36"E 33.~G'
{ti40°36'36"C) f Cis
sxErc~macc~PU~rR P~.O,G. ~ ~ P.l~~.E3. 4p/34
iECiAL IPT10N FOR -~-
SHEET 1 DF 1 SHEET
. AP NO. 434221^19 w...w.+.~a r ncs~a.. ~ en..rrwut,ia»
FOR TEMPORARY LANDSCAPE EASEINENT
DYER ROAD AND RED HILL AVENUE r „ * ua~e ~, tom, ruacw+r
(HPT CW PROPERTIES TRUST) C O N S U LTl N G xy<7,rrs . Fnn ~su~'~""`,;;;_~~~'
C0NTAINING:13,827 SQUARE FEi="C F,_s,uar~~ ~ ~, ~,~_~ ~ „-t~c+
:~;,cxra`~~a;cme,cvx\uavr=vd.,txa~i ,.:r__x-t{,cap rusts, r1>>ica ~;3~ om
Page 14 of 24
EXHIBIT C
Attachment 2
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Page I5 of 24
EXHIBl1" C
Attachment 2
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Page 16 of 24
EXHIBIT D
Attachment 2
Pagel 7 of 24
EXHIBIT D
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Attachment 2
Page 18 of 24
Attachment 3
GENERAL ESCROW PROVISIONS
All disbursements shall be made by wire transfer of immediately available funds. 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 30-day month. Recordation of any instruments delivered through ibis 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 shat I constitute one and the same instruction.
Page 19 of 24
Attachment 4
CtTA Preliminary Report Form Order NumtMer: OSA-3425620 {22}
{Rev. 13./06} Page Number: 1
,a Y, y. Mt(,
sf ~ r
First American Tithe Company
s2s Court Street
San Bernardino, CA 924U1
Order number: OSA-3425620 (22)
Title Officer: Platt Hooks
Phone: {909)380-8738
Fax No.: {86fi)566-3980
E-Mail: mhaokst~firstam.com
Escrow Officer; Robert Benavente
Phone: (7?4)250-4721
Fax No.: (714)913-6358
E-Maif: rbenavenfe(i7firstam.com
Buyer. City of Santa Ana
Owner: HPT CW Properties Trust
Property; 2600 South Red Niil Avenue
Santa Ana, CA
PRELIMIIt1ARY REPORT
in response :a the above referexed apDlKahnn for a pot:ry of tine inswrance, this company hereby repels that rt is prepared to Ksue, rn
ta11St t0 Ixr IS:Oed, d5 Of the date hereof, a Patu_y Oi POtitiM Of'itk' Iniurant.t dtso'Itiirg dte Sand and d1t mace p.• ifteie.5i titarein
hereinafter set forte. insisxry aga~nsl loss whKh may be SuYaintd M reason of any tltfect, lien cr enwmurarxe oat sham o< referred to as
an Exception betav or na ezduded fiem coveragt trtrspanl m the Drinted Schedults, tord<tions and 5tipuiat+ans of sa;d Pbhcy fixtns.
Tot printed 5rceptiens and Ezclusons free ttrc covtragt and Lanitatlens ai covered Risks of said policy or ppfiue; are Set forth in F.ahibt A
attadied, TAe ib/ky fv 6e %save:J nmy coatam an an4i~atmn tAarnt^. When the An>ount atlnsrxarre o kss than that set /orYh ~ tiro
artxaaoan tkrusx, aN, arfh;.able n:atmrs.rhafl be ar6ura:ed at the oarrrn of ei(hr. ^ fhe Company ar me In_w'<zt as the Ca:lusrve .2Y:ttti,T o'rire
parries Llnutatipns onCnver(!d Risks apPhcablt to Cite CLTA and ALTA Hprltp^nner5 Polkies cf T;tfe ]nsvronce which establish a Dedutfit;le
Ar:xrtn; and a ^tarurur-n Ducar Limit of L:~ah,liry fpr certain ~+mrages arc also set form to Eyhibit A. ~opits of the p+~Icy iortn<_ ihnuld bt
read, Tney 3e avaaan!e Fan the office which Issued tixs report.
Please read the eprcepiions shown or referred to below and the exceptions and exdusiprr5 set forth in Exhi4ii A of this
report carefully. The exceptions and exUusions are meats to provide. you with notice of matters which are oat covered
under the terms of the title Insurance policy antl should be caretutly considered.
it is important tonote that this pralimtnary report is not a written represettf8tlon as to the condition of [file and may not
list act Liens, defects, antl encumfxances affecting title to the Wnd.
?hr, report (antf any suppfemen!s or amerrlmeri<, herttpt is zswtd stY for the [Rrrpbse of fatilirannc the is,uanct of a pulley o` title
insurance and nn 'iahibr; is aswmtd hereby, Sf it is desired that &abiiity be assumed prior to the i;suarsce of a policy pf title insurance, a
Ginoer cr Ccmmrtrrert should x requescac.
First Am~r>ran Title
Paee 20 of 24
Attachment 4
Order Numher: OSA-3425620 (22}
Page Numher: 2
Dated as of Novemt~er 2S, 2DD4 at 7:30 A.M.
The farm of Policy of title insurance eontemplated by this report is:
ALTA Standard Ovaner's Policy 2DD6 (VdRE 6-17-D5}
A spedfic request should be made if another farm or additional coverage is desired.
Title to said estate or interest at the date hereof is vested 'in:
HPT C1/•1 PROPERTIES TRUST, A MARYLAND REAL ESTATE INVESTMENT TRUST
The estate or srtterest in the land hereinafter described ar referred to covered by this Report is:
A fee as to Parcels} A, an easement as to Parcel(s) B.
The Land referred to herein is described as follows:
(See attached Legal Description)
AL the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy farm would be as follows:
i. General and special taxes and assessments for the fiscal year 2009-2010.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rat=_ Area:
A. P. No.:
557,6$4.48, PAID
30.00
557,589.98, PAYABLE
5D.D0
i1-014
430-221-19
2. Ina lien of supplemental taxes, if any, assessed pursuant to Chapter 3,5 commencing with
Section 7a of the Cafifarriia Revenue and Taxation Code.
3. Water rights, claims or Gtfe to water, whether or not shown by the public retards
~. An easement for road and incidental purposes in the document recorded December 27, :938
in Book 975, Page 183 of Officio! Records.
5. An easement. ror pipe lines and incidental purposes in the document recorded December 1.,
1958 in Book 4513, Page 75 of Official Records.
Rrst t#merrtan 73i~e
Paee 21 of 2=1
Attachment 4
Order Number: OSA-3425620 (22}
Page Number; 3
6. The right Eo irutalt, maintain and use, over, under, across artd along the easement last above
shown, roads and streets,. with right to dedicate for public road purposes and pole lines, pipe
lines, and other faciflties far oil, gas, water, electricity and other purposes not intonsistenY with
use of said easement by said Gas Company, as reserved by the Irvine Company in said easement
last above shown.
7. An easement far conduits and incidentat purposes in tfie document recorded in Book 6585, Page
921 of Official Records,
8. An easement #or avigation and incidental purposes, recorded March 17, 1954. in Book 6955, Page
721 of Dffidal Records.
In Favor af: Cqunty of Orange
Afifects: As described therein
9. Covenants, conditions, restrictions and easements in the document recorded May 21, 1965
in Book 7529, Page 600 of pfficiai Records, wfiich provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in gaud faith and for
value, but deleting arty covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, famBial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent wch rnvenants,
~ndlbons or restrictions violate Title 42, Section 3604(c), of the United States Codes or
applicable state law. Lawful restrictions under state and federal law on the age of occupants in
senior housing or housing for older persons sha0 not be construed as restrictions based on
familial status.
Dgtumenf(s} declaring modifications thereof recorded May 30, 1989 as Instrument No. 89-
285371; March 2, 1990 as Instrument No. 90-1 1 2 44 1; October 5, 1990 as Instrument No. 90-
535152; January 30, 1991 as Instrument Na. 91-14595; January 10, 1991 as Instrument No. 91-
1459b and September 2b, 2002 as instrument No, 02-827184, all of Official Records..
ConsenE under Declaration of Restrictions -Irvine industrial Complex; was recorded March 8,
2001 as Instrument No. O1-133730, Official Records.
Reference is made to said document for foil particulars.
10. An easement far street and incidental purposes in the document recorded May 9, 1966 in Book
7925, Page 979 of Official Records.
i 1. The right to construct, install, replace, maintain, operate and use, pole lines, pipe lines and other
facilities for the transmission of oil, wafer, gas, sewage, eiectncity and telephone, as reserved in
tte deed'tast mentioned above.
12. A~ easement for street, highway and incidental purposes in the document recorded in Book
5275, Page 895 of Official Records,
13. "the right to construct, maintain and operate existing irrigation pipe lines, as reserved by Irvine
Industrial Complex, a California corporation, in the deed last mentioned above,
14. An easement far road, public utilities and incidental purposes in the document
recorded December 11, 1972 in Book 104b4, Page 953 of Official Retards.
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Attachment 4
Order Number: OSA-3425620 (22)
Page Number:. 4
15. An easement for an underground storm drain to be used for Rood control and water
conservation and incidental purposes in the document recorded in Book 11335, Page 1259 0(
flfflcial Records.
16. Covenants, conditions, restrictions and easements in the document recorded October 13, 1978
in Bonk 12$81, Page 184 of Offical Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deletkng any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marttal status, ancestry, source of income or disability, to the extent such covenants,
wnditions or restrictions violate Title 42, Section 3604{c), of the United States Codes or
applicable state law. tav~ful restrictions under state and federal law on the age of occupants in
senior housing or housing for older persons shall not be Construed as restrictions based on
familial status.
17. The Teens, Provisions and Easement(s) contained in the document entitled Grant of Easement
recorded June 11, 199$ a5 lnstnrment No. 98-368022 df Official Records.
18. An easement for street, highway, utility and incidental purposes, recorded June 11, 1498 as
Instrument No. 98-368023 of Official Records.
In Favor of: The City of Santa Ana
Affects: As described therein
19. An easement for public right of way and incidental purposes in the document recorded June 11,
199$ as Instrument No. 48-36$024 of Official Records.
20. An easement for public right of way and incidental purposes in the document recorded June 11,
199$ as In~rument No. 9&368025 of Official Records.
21. An easement shown or dedicated on the map filed ar recorded December i5, I972 as Book 4$,
Page 34 of Parcel Maps
For. Sewer and incidental purposes.
22. An easement shown or dedicated an the map flied or recorded [~cember 15, 1972 as Book. 4$,
Pace 34 of Parcel Maps
Far: Proposed temporary storm drain construction and proposed
storm dram and incidental purposes.
23. The effect of a map purporting to shovr the land and other property, filed in Book 189 Page 26 of
Record of Surveys.
2A. Rights of parties in possession.
Prior to the issuance of any policy of title i»surance, the Company will require:
25. +Nith respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Protrate Cade in a form satisfactory
to Lhe Company.
b. Copses of those excerpts from the original trust documents and amendments thereto v:hich
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Page 23 of 24
Attachment 4
Order Number: OSA-3425620 (22)
Page Number: 5
designate the trustee and confer upon the trustee the power to act in the pending transaction.
c. Other requirements which the Company may impose following its review of :he material
required herein and other information which the Company may require.
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Page 24 of 24