HomeMy WebLinkAboutMITCHELL, JOHN M. AND DARLA R., TRUSTEES OF THE MITCHELL FAMILY TRUST U.D.T. 1 - 2010
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A-2010-081
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on
_________________, 2010, between the CITY OF SANTA ANA, a charter city and
municipal corporation duly organized under the Constitution and laws of the State of California
(hereinafter "City" or "Buyer"), and the Mitchell Family Trust and the Lyle B. Mitchell 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 1701 E. McFadden Avenue, 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. ProDertv 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-Seven Thousand Four Hundred Seventy and No/100 Dollars ($28,500.00).
5. Deadline for Payment of Purchase Price. City agrees to pay the settlement amount of
Twenty-Six Thousand and No/100 Dollars ($26,000.00) to Seller, and Two Thousand Five Hundred
and No/100 Dollars ($2,500.00) to Said Real Property's Lessee, Rosendo Villa, Sr., compensation
for the improvement impact, payable to Lessee per Seller, within THIRTY (30) days from receipt of a
fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property.
6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller
the full Purchase Price for Said Real Property.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
9. Heirs. Assians. 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 ofthe Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
11. Permission to Enter on Premises. It is understood and agreed that for project planning and
funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of
possession to the area described in Exhibit "A-1", "B" and "0" 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 (Le. 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 $133.33 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:
Mitchell Family Trust
Lyle B. Mitchell Trust .~
8961 Ernest Fulsom Drive
Garden Grove, CA 92841-4606
13. Entire Aareement. 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. EXDiration of Aareement. 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 June 15, 2010.'PC:~.- t;;~~11-tt..t1'-ar?U~t 7--It:?-It>
A)J{. ~l lL l(
15. Indemnitv. 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. Partiallnvaliditv. 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. CaDtions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
19. Governina Law. This PSA shall be governed by and construed in accordance with the laws
of the State of California.
20. No Reliance Bv One 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 Beneficiarv. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
22. Dutv To CooDerate Further. Each party hereby agrees that it shall, upon request of the other,
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. ADDlicabilitv of Aareement To Assianees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
24. Authoritv to Execute Aareement. Each undersigned represents and warrants that 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: NONE.
(b) It is understood and agreed by and between the parties hereto that the compensation paid to
Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct
and/or refurbish the following improvements located on the Property:
i. Landscaping
26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER:
Jo
Date: '- - / t&f' -
,2010
Date: vI'- /9 -
,2010
City/Buyer
City of Santa Ana
.~~
(h .) (2-
David N':' Ream
City Manager
--
Date:
c;/lP
,2010
Attest:
LyJ/) ~- D, ;j;1;J~
Maria D. Huizar
City Clerk
Date:
s/t,
,2010
Approved as to Form:
Joseph W. Fletcher
City Attorney
Date: ,t!I~Il~~ , 2010
Jos andoval
Ma aging Senior Assistant City Attorney
Coast Surveying, Inc.
.luly 9, 2008
EXHIBIT "A"
lEGAL DESCRIPTION
MCF-PCl-1
THAT PORTION OF lOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCEllANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHEll, ET Al RECORDED
JANUARY 25,1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOllOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE lAND
DESCRIBED IN SAID DEED TO JOHN M. MITCHEll, SAID LINE ALSO BEING THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAilWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE
AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA,
RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF
WAY LINE OF MCFADDEN AVENUE NORTH 90000'00" WEST 30.00 FEET; THENCE NORTH
44048'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAilWAY RIGHT OF WAY; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 50000'00" EAST 21.36 FEET TO THE POINT OF
BEGINNING.
CONTAINING 206 SQUARE FEET, MORE OR lESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9th DAY OF JULY, 2008..
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REGISTRATION EXPIRES 6/30/09
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TEMPORARY CONSTRUCTION
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JOB #:107-069
DATE: 7 07 08 CO I /1 ST
SCALE: 1 20' r-t SURVEYING, INC.
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Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
L YN-PCL-2
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID
DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY
LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE
SOUTH 00000'00" WEST 27.67 FEET; THENCE NORTH 45025'36" EAST 20.68 FEET; THENCE
NORTH 00025'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 50000'00" WEST 19.24 FEET TO THE POINT OF
BEGINNING.
CONTAINING 210 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9th DAY OF JULY, 2008.
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GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
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TEMPORARY CONSTRUCTION
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DATE: 7 07 08 COI /I S T
SCALE: l' _ 20' /-1 SURVEYING, INC.
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN.l~~31 :~~~~~~2~oo(71S4~1T~1:_6266
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DISTANCE
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5, 58'
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DATE: 7 07 08 COI /1 ST
SCALE: l' 20' r-1 SURVEYING, INC.
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTlN.l~~31 :~RBKo~~~i700(71S4~IT~1:_6266
...\L YN-PCL-2.dgn 7/9/2008 1:41:21 PM
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
Exhibit "e"
CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A,P. R/W MAP PROJECT
TAXES FORM BY ATTY. DIRECTOR WRITTEN BY CHECKED-OK NUMBER 402-042-01 NUMBER NUMBER
X
Portion of 1701 E. McFadden Avenue, Santa Ana, CA ~~ NUMBER
V-V".J'" I
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John M. Mitchell and Daria R. Mitchell, Trustees of the Mitchell Family TrustU.D.T. dated July 1, 1987, as to
an undivided Yz interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust initially created August 25,
1988, as to an undivided Yz interest.
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 1701 E.
McFadden Avenue, described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
For: The Mitchell Family Trust & Lyle B. Mitchell Trust
Dated
By: John M. Mitchell, Trustee
Dated
By: Daria R. Mitchell, Trustee
State of California () r.:~
County of _,.~
On , before me, a Notary Public, 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/she/they executed the same in hislher/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 California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
(I'his area/or official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL AGENCY(IES) ApPROVED BY DESCRIPTION DESCRIPTION A.P. RfI/IJ MAP PROJECT
TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-OK NUMBER NUMBER NUMBER
402-042-01
Portion of 1701 E. McFadden Avenue, Santa Ana, CA
Exhibit "0"
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John M. Mitchell and Daria R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided Y.
interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust initially created August 25, 1988, as to an undivided Y. interest.
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 1701 E. McFadden
Avenue, 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 the rate of $133.33 per month prorated to the actual date said use terminates.
This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than August, 2011.
oate:;1-/9 - ,2010
BY:U"'Ht ~~
tI By: John M. Mitchell, Trustee
By:
STATE OF CALIFORNIA }ss.
COUNTY OF 0 (<:~--' l
On j.... \ t,,\ ,2010, before. me, .
personally appeared ~h(dm'Y"~(~JA \ ~ Oc... fw... ~ 1\\ ~d..e\ \ , who proved to me on the basis 0 \ satisfactory evidence to be the perso~ whose
na~subscribed to the within instrument and acknowledged to me that ~~ executed the same in tliiA=le(f,1!1~ authorized capacity(ie~ and
that by his/herltheir signatur~:@) on the instrument the person@orthe 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
. ~'d)
AUv
~;GNATURE OF NOTARY PUBLIC
x f)' L. KANE l
_ COMM. i 1646956
III NOTARY PUBliC. CAlifORNIA ~
OIlAllGE CoUllTY ..
~ d\V~~#lIF~~~~O .t
Coast Surveying, Inc.
.Tuly 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
MCF-PCL-1
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25,1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE
AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA,
RECORDED JANUARY 15,1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF
WAY LINE OF MCFADDEN AVENUE NORTH 90000'00" WEST 30.00 FEET; THENCE NORTH
44048'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 50000'00" EAST 21.36 FEET TO THE POINT OF
BEGINNING.
CONTAINING 206 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9th DAY OF JULY, 2008.
Jiv~t1~Ver~U ~
(GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
.Tn 107069-04 Santa Ana MCF-PCL-I
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1
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S50c 00' 001/ E
N900 00' 001/ W
N900 00' 001/ W
N440 48' 361/ E
S50000' OOI/E
S440 48' 36/1 W
DISTANCE
21. 36'
30. 00'
7, 05'
23, 90'
5. 02'
19, 35'
TEMPORARY CONSTRUCTION
EASEMENT
JOB #:107-069
DATE: 7 07 08 COI /I S T
SCALE: 1" _ 20 r-t SURVEYING, INC.
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN.l~~31 :2~R:o~~~2~OO(71~~IT~1:_6266
...\MCF-PCL-1.dgn 7/9/2008 1 :37:44 PM
Coast SUlveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
L YN-PCL-2
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID
DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY
LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE
SOUTH 00000'00" WEST 27.67 FEET; THENCE NORTH 45025'36" EAST 20.68 FEET; THENCE
NORTH 00025'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 50000'00" WEST 19.24 FEET TO THE POINT OF
BEGINNING.
CONTAINING 210 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9th DAY OF JULY, 2008.
~A')/VU'--~LC~
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
Jn 107069-04 Santa Ana L YN-PCL-2
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[pJ~IRlD [L~IT JJ
BEARING DISTANCE ~IT ffi\[F [F ~ IRl [Q) ffi\1M [Q) ITlUJ ~ IT ~ 1M
1 NOOD 001 OON E 27, 671 1T[g1ffi\ ~IT IMiL [g1 , [L, ffi\ D ~ I ~ ~ (8)
2 S50DOOIOOIIE 19, 241
3 S50D 001 OON E 5, 581 iD)~~D [Nj~, (8}(8}c@3l~~~3l ~D[g1D
4 S450 251 3611 IN 26, 691
5 NOooOO/OONE 7, 021
6 N450 251 3611 E 20, 681
7 NO 0 0 251 3911 E 0, 791
JOB #:107- 69
DATE: 7 07 08 CO I /1 S T
1 20 n SURVEYING, INC.
SCALE: - 15031 PARKWAY LOOP, SUITE B
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780-6527 (714) 918-6266
...\LYN-PCL-2.dgn 7/9/20081:41:21 PM
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
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
402-042-01
Portion of 1701 E. McFadden Avenue, Santa Ana, CA
Exhibit "0"
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John M. Mitchell and Daria R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided Y.
interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust initially created August 25, 1988, as to an undivided Y. interest.
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 1701 E. McFadden
Avenue, 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 the rate of $133.33 per month prorated to the actual date said use terminates.
This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than August, 2011.
oate:;2-/9 - ,2010
BY:U'11t ~~.LL-
tI By: John M. Mitchell, Trustee
By:
STATE OF CALIFORNIA }ss.
COUNTY OF 0 (<:~- )
.-, t \ C\ tA()w"
On ..:- \ . I ,2010, before. me, >
personally appeared ji;,,^ iY11'l'M(~.iA \ v\- Oi1J\P-- q~ ~\ ~( N?\ \ , who proved to me on the basis 0 ! satisfactory evidence to be the perso~' whose
na~subscribed to the within instrument and acknowledged to me that ~@ executed the same in hil;A:ter~ authorized capacitY(ie~ and
that by his/her/their signature(~ on the instrument the person@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
. \?) 'd)
A11\v
C;;GNAT~RE OF NOTARY PUBLIC
1. f) L. KANE 1:
_ COMM.t 1646956 m
U) NOTARY PUIlIC. CA\.1fllftNlA -
ORAllGE COUll" ...
~ _ d\I'~IflI#}IFEt~~~fjO...t
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A-1"
LEGAL DESCRIPTION
MCF-PCL-1
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE
AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA,
RECORDED JANUARY 15,1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF
WAY LINE OF MCFADDEN AVENUE NORTH 90000'00" WEST 30.00 FEET TO THE IB..!:!E
POINT OF BEGINNING; THENCE NORTH 44048'36" EAST 19.35 FEET TO SAID
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH
50000'00" WEST 5.02 FEET; THENCE SOUTH 44048'36" WEST 23.90 FEET TO SAID
NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE; THENCE ALONG SAID
NORTHERLY LINE NORTH 90000'00" EAST 7.05 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 108 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9th DAY OF JULY, 2008.
~~~Vv,~U C~~
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
Jn 107069-04 Santa Ana MCF-PCL-l TCE
N' L Y LINE
11057/905 O.R.
T.P.O.B.
T.C.E.
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TEMPORARY CONSTRUCTION
EASEMENT
WJ
1
2
3
4
5
6
BEARING
S50"00'00"E
N90" 00' 00" W
N90"00' OO"W
N44" 48' 36" E
S50. 00' 00" E
S44. 48' 36" W
DISTANCE
21. 36'
30. 00'
7. 05'
23, 90'
5.02'
19. 35'
JOB #:107-069
DATE: 7 07 08 CO' ./1 S T
SCALE: l' 20 n SURVEYING, INC.
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN.l~OA31 :N:O~~~2~OO(71~)IT~1:_6266
...\MCF-PCL-1.dgn 7/9/2008 1 :37:44 PM
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A-1"
LEGAL DESCRIPTION
L YN-PCL-2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88-034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID
DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY
LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE
SOUTH 00000'00" WEST 27.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 45025'36" EAST 20.68 FEET; THENCE NORTH 00025'39" EAST 0.79 FEET TO THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50000'00"
EAST 5.58 FEET; THENCE SOUTH 45025'36" WEST 26.69 FEET TO SAID EASTERLY RIGHT
OF WAY LINE OF LYON STREET; THENCE ALONG SAID EASTERLY LINE NORTH 00000'00"
EAST 7.02 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 120 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9th DAY OF JULY, 2008.
~,Jj2n~dJY C~:i&
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
JI1 107069-04 Santa Ana L YN-PCL-2 TCE