HomeMy WebLinkAbout25F - RIGHT-OF-WAY OCTA GRADE RAIL SAFETY ENHANCEMENTREQUEST FOR L_
COUNCIL ACTION
??
CITY COUNCIL MEETING DATE:
OCTOBER 18, 2010
TITLE:
ACQUISITION OF RIGHT OF WAY FOR
THE OCTA AT- GRADE RAIL SAFETY
ENHANCEMENT (PROJECT NO. 091745)
??t??? ?n-`-'
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1 s` Reading
? Ordinance on 2ntl Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached acquisition
agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney,
with Far West Fairhaven LTD, a Limited Partnership, for the purchase of a portion of the property
located at 1201 Fairhaven Avenue in the amount of $45,000.
DISCUSSION
On October 20, 2008, City Council approved a cooperative agreement with Orange County
Transportation Authority (OCTA) for the Grade Crossing Enhancement Program at ten crossings in
the City_ Improvements include medians, roadway signing and striping, pedestrian gates and other
vehicular gate enhancements. OCTA is the lead agency for this project and the City has a 12
percent share of the costs.
The purpose of this program is to enhance railroad safety and make streets and roads safer for the
community. One of the railroad crossings to be enhanced as a result of this program is at
Seventeenth Street. To install the improvements at this crossing, OCTA determined that
acquisition of 800 square feet will be required from the property at 1201 Fairhaven Avenue. The
compensation amount is the appraised value prepared by an appraiser licensed in the State of
California.
ENVIRONMENTAL IMPACT
A Notice of Exemption and Categorical Exemption -Class 1 (f): Safety Protection Devices (ER #
2008-1 59) has been prepared for the project and is consistent with both of these agreements.
25F-1
Acquisition of Right-of-Way
OCTA At-Grade Rail Safety Program
October 18, 201 O
Page 2
FISCAL IMPACT
Funds for the City's share of the costs ($5,400) are available in Select Street Construction,
Measure M Street Construction program (accounting unit 03217660-66220).
I
Raul Godinez II
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
? ??? ??c ? 1 J ?? ?1?
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
RG/SA
Exhibit 1: Agreement
25F-2
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT, entered into this _ day of 20'10, 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 Far West Fairhaven, Ltd., a Limited Partnership
(hereinafter called "Seller'), regardless of number or gender;
WITNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the
terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase
from Seller, all that certain real property (hereinafter referred to as "said real property") described as follows:
All that certain real property located in the State of California, County of Orange, City of Santa Ana, described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 120'1 Fa[rhaven Avenue, Santa Ana, CA 92705)
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, within thirty (30) days
from and after the date on which the City has approved this 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 14 below. Seller hereby warrants that the title to
said real property to be conveyed by Seller to City shall be free and clear as provided above.
3. Title Insurance. City shall secure, 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 FORTY-FIVE THOUSAND and NO/'100 Dollars ($45,000.00) insuring the title of the City to said
real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements,
assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and
including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city
may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance,
whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver
by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of
action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title
or to provide title insurance as required in this Agreement.
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 Clty 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 60 days of the City's execution of this Agreement.
25F-3
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 Exhibit "C" 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 Exhibit "C" 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 real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in
accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California.
Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of
California for that portion of property taxes on said real property for said fiscal year which have been paid prior
to the date the deed conveying said real property to City is recorded which is allocable to that portion of the
fiscal year which begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California.
All unpaid taxes on said real property up to and including the "date of apportionment" as that term is defined in
Revenue and Taxation Code Section 5082 shall be the responsibility of the Seller_
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 FORTY-FIVE THOUSAND and NO/100
Dollars ($45,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within
THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow
Agent is hereby authorized to pay the same to Seller upon and after:
(a} Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance es hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City
is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all
personal property.
8. Waivers. The waiver by either party of any breach of any covenant or agreement herein contained on
the part of the other 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. Assis?ns, 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.
1 O. Times 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.
25F-4
11. 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. In the event escrow does not close City shall indemnify and hold harmless Seller for
any and all damages to persons or property caused by or arising from City's right of entry granted by this
paragraph.
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" and
depicted in Exhibit "B" to perform the work described in Paragraph 29. 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 29 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
5136.66 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. Just Compensation Seller acknowledges and agrees that said purchase is full compensation for said
real property and includes payment for fixtures & Equipment (improvements pertaining to the realty), goodwill (if
any), and severance damages.
13. 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:
Far West Management Corporation
17941 Mitchell Street
Irvine, CA 92614
ATTN: Mr. Bill Bird
14. Exceptions. City agrees to accept title to said real property subject to the following exceptions as listed
in the preliminary title report dated June 23, 2009 provide by First American Title: Items 1, 2, 3, 4, 5, 6,& 7, 9,
10, 11 & 12.
15. 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 Clty.
16. Compliance With Environmental Laws. To the best of Seller's actual knowledge without duty of
further investigation neither Seller nor the Property complies with all applicable laws and govammental
regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water
quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the
Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California
Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property
is located, the California Department of Health Services, the Regional Water Quality Control Board, the State
Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and
local agencies and bureaus.
17. Continaencv. 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
25F-5
City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes 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 Party On The Other. Each party has received independent legal advice from its
attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof.
The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party
based upon any attribution to such party as the source of the language in question.
23. No Third Party 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 the party to be charged) and
do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions
of this Agreement, without cost.
25. At?plicability of Agreement To Assignees. 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, 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. 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 3 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 460SF concrete paving
ii. Remove 40LF concrete planter curbing
iii. 2 metal bollards (auto stops)
iv. Remove 350SF irrigation system
v. Remove 350 SF landscaping
(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:
Re-work irrigation system
Relocate gate entrance card reader
25F-6
iii. Construct retaining wall. Obtain necessary plans, permit and approvals.
28. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement-
The parties have executed this Agreement as of the date written below.
SELLER:
FAR WEST FAIRHAVEN, LTD., a California Limited Partnership
By: Far West Partners, a California Limited Partnership
By: <? !- Dated
Richard W. Silver, as Trustee of The
Richard W. Silver 1988 Living Trust
Its General Partner
By:
Richard W. Silver, as o The
Richard W. Silver 1988 Living Trust,
Its General Partner
?! -2l-/c7
Dated ? ?Z'???y
CITY/BUYER:
CITY OF SANTA ANA
BY:
David N. Ream
City Manager
Dated
ATTEST:
BY:
Maria D. Huizar
Clerk of the Council
Dated
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:
Dated
Jose Sandoval
Managing Senior Assistant City Attorney
25F-7
).ar:a, auoo
f.'.XI-11BIT "A'
1.EOAI_ DESCIRIf''rION
TI-IA'f 1(7127"10IV Or' P/aRCL=1- 2, IN 'rl-IF .C:I'1'Y OI' (3AN'1-A ANA, COIIhITV UF" 0(iANGr_',-b'1'ATf=.
OF CA1.11=UIiNIA. AS SHOWN A-MAF• FILED IN [)OOZE 3%, f•AGI: d? Of' f'AI:CFL MAf?S, IN THE-.
UI`?1'ICL' OF -I'1-IE COUNTY RCCOI't17f-;R Of° SAID COUIJ'fY, UL'3CIi l4)LO A?' 1=C)Ll-OW S:
QrSC31NNINC3 A'f 'fi-IE iN-fL'IiS@C'I'lON OI' THE 9i)ll'I'I•IWF_Sl' 1-INk: OP SAID 1'ARCf_l. 2 ANf) ?
'1'1•il: NORI'I-1 LINE OF FAIRI-IAVCN AVLIJUE (6U FL'L•'1' WINE) AS OESCRIBIR IN '1'1•(G UEF_Ij '
l-O '1'IiG CITY OF SANTA ANA, IiGCOriIJED ,llJl_Y 0, 1071 dN H0014 0710, PA(3L 11t, 01=
C)Fl=1CIA1. RLCC)ROS Or• 9/(10 GOIIN'rY; 'r IiF:WCG AI_UN(i TIiL NOR)'li LING OF S/UD UEEO
`JOIITFI 00°02'04" EAST Ofl.22 1=EEs r; "fPILNCf.-: Lf_AVINO flAIU NORT{i LINO: NOR7'ii
00'0T?.7" WE3)' 9.0d F[E'Y '1'O THE 17G-'Ci1NNINCa OF A Cl1RV1 [:UNL'AVE NOItTH1eASTl'-RLY '
I•IAVII•Iq A IiAOll13. 01= 02.00 1°EF"1-; '1'FIEIiCF.. NOR'fPIWEJ'l9:fi1_Y 4tl-%% 1?15ET ALONq SAID
I:VRVE 'f'I-Ifi0Ul31-l A CENYRAI_ ANOI_L OI? 20'O%'3ti" 70 l'I•IE riECi1NNIN0 OF A REV ER3L
CU}ZVG OONCAVI? SUl1Tl•IWC-STERLY I-IAVIN(i A RAI:)IUS OF 40.00. FEET, A RADIAL
BFAFLINC3 'fii1;000911 SAID hUIN'I' IiBAf(S NURl'l•1 37'00'14" !°_AST; '1'H LNCG
NOfi'1'HW13:3'fL"RLY "3%.40 FEL"i'I' AL.UNC3 3/VD CURVE ThIROUgii A UGN)'RAI. ANgLL^ OF
44°4'L'4(W TU TIiF_ SOUI'FIWI''_Sl' LINIc OF SAID TAIiCGI. 2, f)GINCi A POINT ON A
NONTAfJGF WI' Cl1RVP_ CONCAVE SOUI'IiW f_S'f L=1"tLY IiAVINO A RAUIVS OF i4Q2:@D f•'EI?'1',
A RADIAI. BEARING) TO SAID CURVE= llEAf(S NORTH Lti".i f'21` L.A(iT; '1'HLNCL=
SOUl'HL"'A.? I'EItLS' '[7.A4 1=F_E'1' ALC)NCd SAID (:URVE 'f[-IRO1101•I A (,ENTRAL ANC)L C: OF
00'40'2G"'f0 )'1-11. f'OIN'I'OF BL=CiIIJNING. '
CUN'1'AIf11NG 0011 SC)UARF_ FEET, MORE: OR I.F_S5.
AI_I- A.S MOf21 f?AfiTICL11.A1il_Y SI-IOWhI ON rX1i1BFl' "li' /(1')'ACI-if?17• IiEf(F•'1'O AN17 MAOC A
PAfi'f I?IERF_U1=.
OATIFJ7 'f1-113 23'1D OAY OF Jl1l.Y, 200£1. I
?„a.,w?.°,.?.,,
??' W ? ?-?
GWIFJJ-V1:f1A OC-1. (:AS'fIL1.0, 1x1 4 lN?OU ?.' +? 1., 5, 5100 rU A
fifd(]ISTRAYION F'XPIRL=S 0/30/11 u'y GkP. G/:SO/)i ```? '
?.,??. c4
., of ..C A\. ?F'
J>; I V/M.0.4r \n„p, Auu f/1.._yl`I.?$
25F-8
Cwux c.r.vYLK, Ilse.
h,M ]),4COD
EX9.1101}' "A.1"
1.4?:AI_ DI?SCRIN'I'ION
7CIWF`OIiP.RY CON`3TRIJC)'IOM Ic•A.SfdA1L?N'I'
ll-IA'1• F'UI'ff1UN OF PARCL:1_ 2, HJ 'fHF. CITY O{' :)AIJ'fA ANA. COIJN'1'Y OF ORANGE, S"fAY'L'
OF CALIFURNIA. AS 3hICJWIN A MAP I>II•G-17 IN ROOK;!%, YACIL' 41 OY 1'AfiC1E1_ MAPS. IN )'1-IIE
OI=FIGG OF TIiG GOON TY RGGUROI?R OF SAIO?C.UUN'rY, DEJERIg150 A:i FOLLOWti:
00MN113NCINt: AT "rP113 RJ'1"G-ICSI_(:'PION OI% 1'1•IG 3U1J3'hIWES`T LINL""- OF SAI{9 1'ARICEL 2
AND Y'1•IE NUR"fl•I LINE: OF FAIRI•IAVEN AVENU(5 (fi0 I=F_E'I' WIDt) A i 17E(SCRIDh_D IIJ TPII
L)EEO '1'U 1'HL" CITY OF 3AN'1'A ANA, Rf=COIiDEO .IULY 0, 1DT1 IN DOOI< OY10, PAGP_ 1 11,
OI' OI'FICIAL REC0120S OF SAIL? CUIINT Y; TFIENCE ALONG 1'H6 1`lUR}'1•I LINE OIT SAID
g1eE0 SOUY'FI BO"02'Od" C-AST 09.22 f=E1?'I' Y'O '1'IiE Jlj?l ?•.j'S?IxlY_ UF" L9HOjNNIN Ca; 'fNENCE
LCiAV11J(. SAID NURI"H LINT-(JORTH 80"O% J1" WL""S•I' A_0d FEEL' TO YI•If= DL-:GINNING nr A
CVRVI C"ONCAVE NOIZ'I'IiGAFi'I'f_FU.Y 1•IAVIN(3 A RADIUS OI' 02;OU I'EET; 'fl-Ik'N(:E
NORTFIWf_3'I'f:fil_Y d0.7% F'Ei.T ALONG SAID CURVR }'1}ROl1C3F•1 A Cf_N'I'ItAL ANGLE OF
28°0T3G" YO '1'I-IL" B15t3:INNING OI' A R!'.VCFMa'1? CURVE OONOAyE SOU'CIiW(;El'CRLY
1-IAVIIJO A RADIUS OF AO.OU F13R"T, A RADIAL DLSAIi1N0 'fFIF:0U121-1 SAID 1'OIN)" DEARS
IJORTN 31°00'1 d" 1oAS"f; 'I'HENCL h1UR'fhfW L'Sl'f IZLY 3%.46 1=L=C'f ALONG BAI4 4'lIF2VFi
YI-IRUUGIi A C.LNTRAI: ANOLl" OI' dd'd 2'AO"'1'O 'l'I-1E (iUU-IT11NF'SY' 1_INf- Of- SAID PAR[; I?I_
2: fiEING A POIIJ'1- ON?A NON'I'ANOEN'f ClH3VE CONCAVI3 SOU'1'1-IWL=.S'I'L"RLY IiAVINO A
ftAD1US 01= 1d0'L.00 F'EE"1', A fiAOlAI_ 13E:A121NG 7'O SAID C:URVF_? DISARS NOIYI'fi 05'ti1'2 i"
L"ASi-1'; "CI-IENC;f_ NORTI•IWFaSTERLY fi.OY F[L',T ALONG SAID GURVE TIi12QlIC?H A GCN'f tiAL
ANGLE 01= W°S 1'd li" l'O A h10NTANOL;NT Cl1liV13 CONC=AVE h)OUTFIWF?S'1'C'Jil_Y I-tAVINC3 A
RAOlU9 OF 01.OU Flcl`T, SAID Cl1RVE- IS CQNC14h{TRIG Wffl-1 .AND 5.00 I°EE7
NOIZ"1'1-IE•A'JT6RI.Y OF 'f FIE AROVC-: MENI'IUNf'D CURVC HAVING A RAOIl1S OF d8?.0U YL"ET,
A RADIAL DEARINI?. 7'O DAIU ()IJRVl3 I)t:ARS NOR-f F1 12'd7'10" Wk?S"f; 'THENCE
;)oUTI•If_ASTEIiLY d0.&1 F!?CT ALONG BAto CURVL• 'fWROVGH A CENTRAL AN(3t.F OF
?d3°d%'32" 'f0 TI•If? 13F=GIDINIRCU OF A REVCRSE CURVE CONCAVE NOR•fl•ILAS)'ERI_Y
I•IA1WG A RAUIl13 OF 07.00 FECY', A RAD1Al. Df_ARING 'fHIZOUGH E3AID POIN-f OF"cARt:
NOR'fl-1 31'00'td" LAST; 1'HL NCL" 30UTFI Flt`.+'fL•RLY dd.23 FF_ET ALONG SAID CURVF?
'f 1-IR0003Fi A CI_Nl'RAL ANGLE l9F T_tl•O%'9[I"; TIiENCC 80U7'hl OU°07'21' C'Ati'f 14,70 Pl'sE'1';
l'1-IENCE SOVTI-I 00'07'00" WEST d_H2 FtEY' Y'O 'fHE NOR'I'1-i RIOIi'1' OF WAV LINFY OF
F"AIRIiAVGN /tV1=NIJIS; 'fl-IF..NCF ALONG SAIU RI(i I'1'f Ol= WAY LINL-: NOR'fFl OD'02'Ud'?WE3}-
(iA01=1=ET 1'O 'fl•Il )'RUF- f?O1N'f Of•' DL+LdINWIN(a.
CUNI'AININC, d90 SOUARE l=EftT, MORE OR 1_CS:i•
A1.1.. A,4 Iv10RL" f'AIZ'fl(:lll_ARI_Y:)IiOWN ON kXl-IIUI'I' `lY" ATl•ACI-II:D IiF l1L=}'O AfJI? MAD[: A
nAlrr liraleor•.
.;
UATEU Th11S 2310' DAY OF JUI?/,-7.00 D.
?(?? °°(7 t. ANb ?..S -
-,?/U?iYI!VCriL???/l G?.?YV?-C?ltt•• c?' ?I? ??? °%
D\NEN-VCRA DG"L CA0Y11.1.0, Pls 0100 ••? t'J 1..5. 91UU? ?L? 'i
RL-::f-i18TRA'fION F_XI'll'?ES (i/;iW17 `^? E,XP. 0/30/11 a?
IK If1A.6•)?M tiw.m nlw 1=11 \••MC:1: ] 1
25F-9
-- -- _____._.._?..? -. ?._` __ ?-._.--- -?-?--??a.w.._
...--. --- ?._AdMCOLLV AYP:MIIG - - _
?? ?
Sl
1 1 b ?2 ? j
tr{ .? A: f. & 6.f'. fi.fi.
ItIW
i S'j I ? 1
?ge A.}', 8 8.f>. li.fi.
._.....___
_...-- .. __....
_. .- ?.
,
1? U ?
-.....---" ({gg
3
;Y 13fW
. K?
1
??
` ?. _
?
n Il? ?? ?I.U ??? •?--?• ?
z ?..
1 ?1
,_ GW)
aa?
/?
? ?j
<_? ?
^?
?
{
?
-•
• „i
1
1-
1' C7\{>l/. as 4J w ?ImNI-' ti
N
'
O)
C?
caw>Nra .n N????
U w m v .f> V> [•1
e e••• e 'rC'.>LN•Y,{?(y1 t
v>.o SA ov GD [*1
ooo
oo l I ?J4i
1 -1
b
C-1?
1
+J
?GN
> l) I
w 1
•
?
?
y OI>IOOO ?
1
b J ?I h) ?> h) ?
`
?a7
1
WNg
.I =1 :S >l as 'J N(n t?NO t
1-
a m .? 1-1 .M1 I y
I
q
?1 l•?bI ?LJ '
{
30' ? 3W ?
y
-
.1? ?
N 4
N
?
? 111
J
i
7J
iN1`I
c• -
N W.y
.Ir m ul ua ua f-! ( CJO
•+.1
1 C+ ? ?
c? trl N rR .Iw -d 7 1 3
=11--• W iaa u) ?1 Iq
I ?
N
_-(F_, tyAS7W(?f?AV1NyL __• .._ ... _. I
:ron n: ?Itii-oao I
_ _ __ _ __
?Ye: n?iio _LXI-}113iT'IE3" L?C7.?l.5'%"??uavcvlNO,lNO.-
1`CA?? ? ? ?
'
'
?
?- ...?
lilOH701?
blli
'..r' WAY d
fCMPAM(iY CON97RI1Cf ION P.AIiGMFNi ari °w
??iY w°
.. _ nl.nl\
>
.__?_._...- p a
? .._...._.?
.
25F-10
EXHIBIT "C"
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one
or more of your general escrow accounts with any bank doing business In the State of California and may be
transferred to any other general escrow account or accounts. The expression "close of escrow" means the
date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis
of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the
issuance of a policy of title insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You era 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 affect as if it were the original, and elf of which taken together shall
constitute one and the same instruction.
25F-11
25F-12
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
Crty Of Saata Arra
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Pree recording requested by
THF. CITY OI? SAN"rA ANA PF.R
GOV L:ItNMENT COnF.. SGCTION 6 i O3.
SPACE ABOVE THIS LINE POR REC:ORUL3R'S USE ___,.
CANCEL
TAXr:3
X APPROVGD AS TO
FORM aV ATTY. APPROVED 9Y
DIRECTOR D65C[LIPTION
\VIVTTT+N aY DESCRIPTION
CIIL+CKC0.0.K. ASP.
NUMnGa J90-TOIAS RAV MAP
NVMEER PROI[K:T
NUMOEIL
PoRion M 1201 Fnidlavcn Avcnuq Snnla Ana, CA DGGD NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Far West Fairhaven, Ltd., a Limited Partnership
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 1201 Fairhaven
Avenue, described as follows:
SEE EXH181TS "A" AND °B° ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Far Wcst I?airllaven, Lld., a California Limited Partnership
Hy: Far West Partners, a ?alifon[ia Lilni[ed Partnership
By: Richard W. Silver, ns Trustee?fThe Richard W. Silver
1988 Living Trust
Its: GeneralrPartner
Dated: ?0??1 - 2? 1 /??O
State of California
County of OP?A7J?F
B y:
By: Richard W. [leer, Trustee of the Richard W.
Silver 1988 Living Trust.
[ts: General Partner
On _s?'p'? 2? f ? (? ,before me, ??? S'?i MKT a Notary Public, personally appeared
{ZtGN"A'R- ttV IC.V who proved to me on the basis of
satisfactory evidence to be the person(errwhose name(ej is/atesubscribed to the within instrument and acknowledged to
me that helsbc executed the same in hisfkierftheir authorized capaci
the instrument the rson bf+ee?. and that by his/taetYltteir signature(s) on
pe (sj, or tha 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. t>tct?18?E MAY
WITNESS my hand and official seal. CarmilNlon ? 1Hti8g2
Not?r Puibue - t:tWfoflil?
lhoi? Cowigr
Carom. Ma 9, 2018 +
Signaulrc
(7'hfs nren jor a,/ficiu/ nofury sang
M 1 TAX 3TATHMENT3 AS DIRECTED ABOVE
25F-13
)blv j,\, IIM14
cxrnarr •'n"
I_EGN_ DL•SCIi1P'1'ION
'1'li%? f 1°iOI<YION 01= 1='AfiCfil_ 2, IN '1'1.11'_ Cli'Y qf- 3Ahff%1 AIJh, (.)Cri1M'fY OF OftANGC, a'I'AY13
OF CN.11=pP(N Ih, AS '31-K)WN K MN-' I'I1.13D IPI faUCM( 3%, f-`A[31d-" 5) OF PN2CF31_ MAPS, IN TI-If--.
OF1=1C;L= OF 'I'hlt GOUN'1'Y f2E•UOItDER OF SAID COVIJ'1'Y, DL"5CRIa1_U A!i FOLLOW 3:
OGGINNING Al" 'f1iE IN'fLRS@C'1'ION OI? '1'HL-: SOU'I'1-IWISiI' 1_INL'c OF SAIfJ YAItCfL 'J. ANO
'1'hIL: NORI'1•I LWt3 OI° T-/V RI-IAVt?N AVL'-'Nl1H ((f0 f=kLil' W1Ufl) A6 OC!)CRILIL•U IN "ff-IL-' ULFtD
'1'U '1'FIF CITY OF FShN"I'A AMA, F(L?C:IJIIDLO .IUI_Y D, lU%1 !N IJOOK U%1U, f°AC?L: 1'I1, 01=
UFI'IClhl. RICORUS Of $A7D COUW'1'Y: 'f I-IFNCIc ALONG 'I'FIG NOR'1'1.1 LINTS OI° uhlD DtGQ
SOIJTW U51°02'0.1' EAST 1)51.22 I=Li_T; 'flit?NCI' l.fiAVINCd Eh10 NORTI•l LINE-: NORTI•I
B11"OY'2'1" WF.:lif 0.04 F'f_E'Y 'fO "fHC LiCcCiINNINCI 01= A Cl/RVIi (':UNCAVL NOI-t)'hl l"ASl'L'RLY
HAVIWG h I@AUg15 UY f)7_.W {?L°.k'f; '1'1•IENGF_ NOR'fl•IWES'ffcfil_Y •10.%7 l?le(T ALONG SND
t:URVE l'FIf(Oll<?I•I A CCNI'IiAL ANGI.IS 01. 2B°U %'9S" TO 1'1-11: aEEGINNIN(3 Of' A {iLVERSC
CURVE CUPI(:AV1 $UUTIiWESTLfi:I.Y 1-IhVIN<) A RADIUS OF' 40.W. f•CET, A 1'iAD{AL
UF'_'AhtING -1'I?IN00091i ^a111U POINT UCi AftS NOR'I'FI :1'1'00'14' GAF>T; TIiL•NCG
MOliTWWtlS I'ti RLY S%A0 1'L9G'I' Al.ONG SAIU CIJRVL' )"hIROUGI-1 A CL"Nl'RAI. hNGL15 OI°
44^•12'4(1' TO )'1.115 uC)Ul"hIWIsS'f I_IN15 Of SAID hhliCFl. 2, I)C:INO A PAINT ON A
NOtJTAWCI:J`I'1' CURVE CONCAVE= SOU'I'!-NVf_Sl'LRLY I-1hVINO A RAL)IUS OF 14A2.IY1) FCIS'f,
A RAOIAI_ IlEARING 'fO :SAID CUfiVE af3Nil3 NOFtI'1-1 UK°Al'21" 1=Afil'; THIiNCL'
l3UIJ'fl-II?hS'I'L"IYI.Y 1%.44 I'1_ET AI.ONC.' £A(U Cl1RVl.i ?1'1•If(U11O1-1 A C[N1'RAI_ AMOL@ Of•'
tXl°4 U'20"fO -I"I?IIE PUIN'1' Uf= UISC INFIINC°.
CONTAINING OOU SUl/ARE Fl:fa'. HlOltli OR LGS:S.
N.1. ? MARL PAR'1'ICULARI_Y £I•IOWfl ON F..Xlilalf °!1' A'I"I'ACI-If.40 NEf(F•l'O ANU tNA17£ A
1'•hR'f I•II_RI_Uf.
OA71ED TI-11.4 23°O l)AY Off JULY, 2UOU.
GW1=N-VL:RA UC-1_ (:AS'fILl.O, I'1_S IS1UU
Rf_GISI'RA'1'IUN EXI'IRLS UlUU/1 i
M•1 hNl) "°
Ewa -•'or_'L ,r?4?
72?ah ?
r• ^
??
?' ? I..s. 010tl ??
VY C: XI°. 0%1011 1`i
?t: l am?? ??<V' ,om wnn r• tlv.vrl: x
25F-14
???? 5
L•? i
fll
r
(\ c?
???
ai
...._. .._ ft_aJJ9COLN AVl=s1lJ?+.._ _
fiA•V
1
i ?---i. 1_Y;_
1-__
IJcI nrov 1
47 fr (il #7
r
? iJ'
?? c.,
Ib
FFL
-.. ,_.
1-• o \tl to .A w W ?1 m N (-• ? lii ??-X
1 ds N o IP N }S_?J Y$? ? N X Vl ! ? W
<J 4! t0 t7 .n 4> E! W C' W w w ? J i 1 ??ti C?
e . . o . rr OD O V> 00 lt> iV
1-• .n U Ns .n o 1 ,7 e e w a w 11 ??
1-• J ?.L CJ N ?r Its C) pl 4 0 U 1 I
?( ?I AJ ?l IJ ? 1
.la W Vl N Its W .. .. .. G7
VI N 41 0\ O Ur N (A U N tp 1
11 ?? A A 1 SO' ? 3U'
Is O ?I l+J M til L+l (
of vl oa ? .n to El H
N W ? I N W N I -1 1' W W
.m ?n• vl ;
W as1 y
wua7 anq ?? ..1 tO ?JWN % i
1 [ J 1 l? hi
•?I I j W .n p^ ?1 h1 .a
1 IN
.-?,13A3TW!001;1 AVfNUL.._. ... ....
Vtymg _,_ V....._ _ - 11 11 _?.-__...?
m(_ ? ' RIOT R OF WAY t<TEMPOI WiY CONB7fU1CT10N FJ1U@AfEN'f
f4
.. ?-..
---- fuW K?
Cu> ? =1 ??'..
.?.? ?f>3I nl
• V
W ?J
?U
INC.
1
I
1
1
25F-15
25F-16