HomeMy WebLinkAbout25K - RIGHT-OF-WAY OCTA SAFETY ENHANCEMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 6, 2010
TITLE:
ACQUISITION OF RIGHT-OF-WAY FOR
THE OCTA AT-GRADE RAIL SAFETY
ENHANCEMENTS (PROJECT NO. 091745)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15' Reading
? Ordinance on 2"d 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
agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney,
with CP ARBORS APARTMENTS, LLC for the purchase of a portion of the property located at
1100 East Fairhaven Avenue in the amount of $51,290, and MULLER-Rock-1 LLC for the
purchase of a portion of the property located at 1766 East McFadden & 1261 South Lyon in the
amount of $30,000.
DISCUSSION
On October 20, 2008, City Council approved a cooperative agreement with the 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 to make the streets and roads safer
for the community. To install the improvements at the crossings located at Fairhaven and
McFadden, OCTA determined that partial acquisition of three parcels will be required - at 1100
East Fairhaven Avenue, 1766 East McFadden & 1261 South Lyon (Exhibit 1). 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 #
2008-159) has been prepared for the project and is consistent with both of these agreements.
25K-1
Acquisition of Right-of-Way for the
OCTA At-Grade Rail Safety Enhancements
December 6, 2010
Page 2
FISCAL IMPACT
Funds for the City's share of the costs are available in Select Street Construction, Measure M
Street Construction Program (accounting unit 03217660-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul odinez II
Executive Directo
Public Works Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
RG/SA
Exhibit 1: Location map
2: Agreements
25K-2
CD
n
v
PAI
SANTA ANA
City Council
P W A Agenda Date
ftaK ? ? December 6, 2010
T
Gnn1o1 I I
1 OF 2
ACQUISITION OF RIGHT-OF-WAY FOR
THE OCTA AT-GRADE RAIL SAFETY
ENHANCEMENT (PROJECT 091745)
q
AFT
ty
9q
t??O4O
MCFADDEN AVE
co
i
z
Q 1261
?- i
-I ------------
?? I
----------------------------------
1261
1
_i
LLJ
J
I-
Q
I
IC1TY BOUNDARY
S. LYON ST. '•?
ACQUIRE PROPERTIES
1766 E. MCFADDEN 8 1261 S. LYON ST.
EXHIBIT 1
2OF2
SANTA ANA
City Council ACQUISITION OF RIGHT-OF-WAY FOR
P 1.1 /? Agenda Date THE OCTA AT-GRADE RAIL SAFETY
December 6, 2010 ENHANCEMENT (PROJECT 091745)
a
N.T.S
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT, entered into this day of , 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 CP ARBORS APARTMENTS, LLC., a California limited liability company (hereinafter
called "Seller").
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" - LEGAL DESCRIPTION
EXHIBIT "B" GRAPHICAL DEPICTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Being a portion of the property commonly known as 1100 Fairhaven Avenue,
Santa Ana, California 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. Subject to the terms and conditions set forth in this Agreement.
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, on or before April 30,
2011 (the "Closing Date"). The exact Closing Date shall be determined by the City's written
notice delivered to Seller at least twenty (20) days prior to the Closing Date.
2. Title to be Conveyed. 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 deeds of trust or other monetary encumbrances which in any such case have been
created by, through or under Seller. It shall be a condition precedent to Seller's obligations
hereunder that Seller's lender shall have released said real property from all deeds of trust and
other encumbrances held by Seller's lender.
(a) Seller shall convey to City a Temporary Construction Easement as described in
Exhibit A-1 attached hereto and by this reference made a part hereof.
(b) The lands burdened by the Temporary Construction Easement are legally described in
Exhibit A-1 attached hereto. Under no circumstances shall the Temporary Construction
Easement remain in effect beyond August 31, 2011.
956168.4 FLROBI 11/19i10220PM
25K-5
3. Title Insurance. It shall be a condition precedent to the City's obligation to proceed
with the purchase of said real property that the City has received an undertaking by First
American Title Insurance Company (the "Title Company") to issue a standard coverage CLTA
policy of title insurance insuring the City's title to the real property, reflecting only such
exceptions to title as the City shall approve. If such condition precedent is not satisfied, then, at
the City's option, this Agreement shall terminate without further liability to Seller or the City.
The City shall pay all premiums associated with the issuance of such policy of title insurance.
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 of 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. Subject to the terms and
conditions set forth in this Agreement, escrow will close on the Closing Date.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its
acceptance of this Paragraph 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, the Escrow Agent shall carry out its
duties 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, attorneys' fees and other closing costs incidental to the preparation of this
Agreement and the conveyance 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.
City further agrees to bear and Escrow Agent is hereby authorized to charge to the City and
credit to Seller all costs, expenses and other charges incurred by Seller in connection with
obtaining a release of said real property from any deed of trust or other encumbrance presently
encumbering said real property. It is understood and agreed that the aggregate of such costs,
expenses and charges is in the amount of $15,000.
The liability to the Escrow Agent under this Agreement is limited to performance of the
obligations imposed upon it pursuant to this Agreement.
The provisions of this Agreement, including each party's representations and warranties, and
each party's obligation to pay the costs set forth in this Agreement, shall survive the Closing and,
to the extent such costs were incurred, any termination 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
956158.4 FLROBI 11/19/10220PM 2
25K-6
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. 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.
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 and equipment,
improvements pertaining to the realty (if any), good will (if any), and severance damages, the
total sum of THIRTY-SIX THOUSAND TWO HUNDRED NINETY and NO/100 Dollars
($36,290.00). City agrees to deposit said purchase price in escrow with the Escrow Agent prior
to Closing, and the Escrow Agent is hereby authorized to pay the same to Seller upon:
(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) An undertaking at Closing by the Title Company to issue the policy of title insurance as
hereinabove provided; and
(d) Recordation of the Grant 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, free and clear of
possessory interests created by, through or under Seller.
8. Leases. Seller represents that, on the Closing Date, there will be no rental agreements,
tenancies or leases in effect with respect to said real property.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein
contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or
other breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
10. No Other Representations. With the sole exception of the express representations set
forth herein, this Agreement is made without representation or warranty of any kind by Seller.
Without limitation, Seller makes no representation or warranty of any kind with regard to the
physical condition of the said real property or any component thereof, with regard to any
restrictions, requirements, costs or constraints that may be associated with the said real property,
or with regard to the suitability of the said real property for the City's purposes, it being the
parties' express understanding and agreement that the City has inspected the said real property
and all aspects thereof, and that the City will rely solely on its own inspection in determining the
physical condition and other features of the said real property, any restrictions, requirements,
costs or constraints that may be associated with the said real property, and whether the said real
property is suitable for the City's intended purposes. With the sole exception of the express
representations of Seller set forth in this Agreement, the City will acquire the said real property
in an "AS IS" and "WITH ALL FAULTS" condition. Without limiting the generality of the
foregoing, the City, for itself and its successors and assigns, releases Seller and Seller's agents,
employees, managers, members, brokers, contractors and representatives from, and waives any
9561684 FLROBI 11i19/10220PM 3
25K-7
and all causes of action or claims against any of such persons for (a) any and all liability
attributable to any physical condition of or at the said real property, including, without limitation,
the presence on, under or about the said real property of any hazardous materials; and (b) any
and all liability resulting from the failure of the said real property to comply with any applicable
laws, including, without limitation, any environmental law. The provisions of this Paragraph 10
shall survive Closing.
11. 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.
12. 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.
13. 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, provided, however, any such entry on said real
property shall be for inspection purposes only, and no construction or other similar activity shall
be conducted on said real property until the closing of escrow shall occur with respect to the sale
of said real property to Buyer.
The City shall pay and shall indemnify, defend and hold Seller and it successors and assigns
harmless from any loss, damage or expense arising out of activities carried on by the City or its
agents or contractors on said real property or on the lands burdened by the Temporary
Construction Easement. The provisions of this Paragraph 13 shall survive the close of escrow.
14. Just Compensation. Subject to the provisions of this Agreement, Seller acknowledges
and agrees that said purchase price is just compensation at fair market value for said real
property and includes payment for fixtures and equipment, improvements pertaining to the
realty, goodwill (if any), and severance damages.
15. 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:
CP Arbors Apartments, LLC.
1000 Sansome Street, Suite 180
San Francisco, California 94111
ATTN: Mr. Daniel Byrd, Asset Manager
16. Exceptions. City agrees to accept title to said real property subject to all matters
affecting title to the Property excepting any deeds of trust or other monetary encumbrances
created by, through or under Seller.
17. 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.
956168.4 FLROBI 11/19/102:20PM 4
25K-8
18. Land Use Compliance. As a condition precedent to the obligations of Seller pursuant to
this Agreement, the City shall execute and deliver to Seller a land use compliance letter, before
the close of escrow, in a form acceptable to both City and Seller.
19. No Impositions. The City shall not levy or impose against Seller or its property, or any
successor or assign of Seller, any special assessments or other impositions seeking contribution
to the costs of the work described in Paragraph 31. The provisions of this Paragraph 19 shall
survive the close of escrow.
20. Damage to Seller's Property. In the event any construction on said real property or the
Temporary Construction Easement described in Exhibit "A-1" shall cause or result in any loss
or damage to Seller , including any damage to Seller's remaining property or the improvements
thereon, the City shall indemnify and hold Seller, including its successors and assigns, harmless
from all such losses or damages. The provisions of this Paragraph 20 shall survive the close of
escrow.
21. 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 constitutes said acceptance and approval.
22. Modification and Amendment. This Agreement may not be modified or amended
except in writing signed by the Seller and City.
23. 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.
24. 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.
25. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
26. No Reliance by One Party or 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.
27. 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.
28. 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.
956168.4 FLROBI 11/19/10220PM 5
25K-9
29. Applicability 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.
30. 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.
31. Construction Contract and Curative Work.
(a) It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall
perform the following construction contract items at the time of the installation of the proposed
project:
i. Remove 250SF concrete paving
ii. Remove 800SF irrigation system
iii. Remove 680SF lawn area
iv. Twelve (12) small shrubs
v. Two (2) medium shrubs
(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 and
reconstruct the irrigation system within the project areas as identified in Exhibit A and
Exhibit A-1.
32. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
956168.4 FLROBI 11/19/102.20 PM 6
25K-10
The parties have executed this Agreement as of the date written below.
SELLER:
CP ARBORS APARTMENTS, LLC, a
California limited liability company
By: CP Investment REIT, a
Maryland real estate investment trust, its
Managing Member
By:
Ron Zeff, President
Dated:
CITY/BUYER
CITY OF SANTA ANA
BY: Dated:
David D. Ream
City Manager
ATTEST:
BY: Dated:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY: Dated:
Jose Sandoval
Managing Senior Assistant City Attorney
9561684 FLROBI 11/1 9,'102.20PM 7
25K-11
EXHIBIT "A"
LEGAL DESCRIPTION
Coast 9weymg, loc.
My 2}, 2009
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 1, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 19, PAGE 25 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID PARCEL 1 AND THE
SOUTH RIGHT OF WAY LINE OF FAIRHAVEN AVENUE (60 FEET WIDE) AS DESCRIBED IN
THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 24, 1969 IN BOOK 8656,
PAGE 442, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTH LINE
OF SAID DEED SOUTH 89°54'06" EAST 14.65 FEET' TO THE TRUE POINT OF BEGINNING,
BEING A POINT ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 48.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 51°39'03"
WEST; THENCE SOUTHEASTERLY AND NORTHEASTERLY 68.11 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 81°17'42" TO A REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 92.00 FEET, A RADIAL BEARING THROUGH SAID
POINT BEARS NORTH 29°38'38" WEST; THENCE NORTHEASTERLY 46.77 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 29°07'46"; THENCE NORTH 89°29'08" EAST
11.05 FEET TO SAID SOUTH RIGHT OF WAY LINE OF FAIRHAVEN AVENUE; THENCE.
ALONG SAID SOUTH LINE SOUTH 89"54'06" WEST 117.11 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 1,045 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 23RD DAY OF JULY, 2009.
ellQ L 'AND SG
DR Pl
f p
WEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108 REGISTRATION EXPIRES 6130111 n Q.
EXP. 6/30/11
OF C Al ?F
1N 107(69-04 Sm11n,We PIIY.M 71: 1
956168.4 FLROBI 1 U 19/ 10 2:20 PM A-1
25K-12
EXHIBIT "A-1"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Cow &-tying. Inc.
Jul, 23,2W.)
EXHIBIT "A-1"
LEGAL DESCRIPTION
I EMPORARY CONSTRUCT ION EASEMENT
THAT PORTION OF PARCEL 1, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 19, PAGE 25 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID PARCEL 1 AND THE
SOUTH RIGHT OF WAY LINE OF FAIRHAVEN AVENUE (60 FEET WIDE) AS DESCRIBED IN
I HE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 24, 1969 IN BOOK 8856,
PAGE 442, OF OFFICIAL RECORDS OF SAID COUNTY; 'THENCE ALONG THE SOUTH LINE
OF SAID DEED SOUTH 89"54'06" EAST 14.65 FEET TO THE TRUE POINT OF BEGINNING,
BEING A POINT ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 46.00 FEET, A RADIAL BEARING 1'0 SAID CURVE BEARS SOUTH 51"39'03"
WEST; THENCE SOUTHEASTERLY AND NORTHEASTERLY 68.11 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 81°17'42" TO A REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 92.00 FEET, A RADIAL BEARING THROUGH SAID
POINT BEARS NORTH 29°38'38" WEST; THENCE NORTHEASTERLY 46.77 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 29°07'46"; THENCE NORTH 89°29'08" EAST
11.05 FEET TO SAID SOUTH RIGHT OF WAY LINE OF FAIRHAVEN AVENUE; THENCE
ALONG SAID SOUTH LINE NORTH 89°54'06" EAST 5.00 FEET; THENCE SOUTH 00°05'54'
EAST 4.96 FEED; THENCE SOUTH 89°29'08" WEST 16.01 FEET TO A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 87.00 FEET; THENCE SOUTHWESTERLY 44.23
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°07'46" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
53.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 29°38'30" WEST;
THENCE NORTHWESTERLY 79.04 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 85'26'30" TO SAID SOUTH RIGHT OF WAY LINE OF FAIRHAVEN AVENUE;
THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 89°54'06" EAST 6.19 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 675 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 23RD DAY OF JULY, 2009.
?(t_ O 1.-ANO S
DES ?P[
GWEN-VERA DEL CASTILLO, PLS 5108 T L.S. 5108 6 A
REGISTRATION EXPIRES 6130111 f 1 EXP. 6/30/11
OF CIO,\
IN 107060.04 S-W Ana fl IV-P(,:L-I U-T.
A-1-1
956168.4 FLROBI I I/ 19/ 10 2 2O PM
25K-13
EXHIBIT "B"
GRAPHICAL DEPICTION
_ LINCOLN AVEN JE _-
z
N z
-1 Al. & S.F. R.R. n
r 1., rn t?
cn 5 R/W u, m
r?? p
if O
z>
-c
0
C 5)0
db 0
fnnl
Z
Z
G? h
n
ESN 0 (A
n cl0 CY)
IDW _p W ?0 J01 U11))-
W IU OJ R7 C7 -' el V) 0 z 07.w
UI ID ID (?l CO D7 CD 0 CO 0 CO M
ID V? ID 0 ID ID ID D
N O - C-)
-1
01 JJJD UI UI N OUI IV UI
A .A ID (fl A W A Z
W ? .P
OOZ 000UI(D 00L)
Dmcr`ao-t m02m
CJI ()D .A ID D
w.IOD fVC! tj
O O O C.)
c>ooc? C0 OIr1,-ul -•v-N
D
I Z 'p
?? o
D DI
p 0 I
W
m
n
n
I?
2
r
m
z
n
N <I
1 Iz
vl m
O
I
to 30' . 30'
L-
z
m
CC
co
N ,.- o lD O O z
r m o. mocn c? 4.
•?1 A 0? .f-\ r'1 ('l
41
Dk07O Z
N
L,
O N J
A W?• V2
EASI-WOOD AVENUE
O
A.T.
C?
R/W
0
I
j =40° --------IC(9,1 / SURVEYING. INC,
7 1 OF 1 RIGFIT OF WAY & TEMPORARY CONSTRUCTION EASCAIENT 5031 PARKWAY 100P, SUIT[ 9
---'---- - or WA TUSTM. CA 94780-.517 17.x1 ........
956168.4 FLROBI 11/19/1022OPM B-1
25K-14
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 are to furnish a copy of these instructions, amendments thereto, closing statements and/or
any other documents deposited in this escrow to the lender or lenders, the real estate broker or
brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders,
brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands
or claims with respect to this escrow or the rights of any of the parties hereto, or any money or
property deposited herein affected hereby, you shall have the right to discontinue any or all
further acts on your part until such conflict is resolved to your satisfaction, and you shall have
the further right to commence or defend any action or proceedings for the determination of such
conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and
expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or
arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in
interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be
fully released and discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a
reasonable monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the
time specified herein and such additional time as is required to make an examination of the
official records, you will return all documents, money or property to the party entitled thereto
upon satisfactory written demand and authorization. Any amendment of and/or supplement to
any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the
property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more
counterparts, each of which independently shall have the same effect as if it were the original,
and all of which taken together shall constitute one and the same instruction.
956168.4 FLROM 1 1 / 19/ 10 220 PM C- I
25K-15
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on _ _
2 010 , 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 MULLER-
MCFADDEN LLC, a California limited liability company, and MULLER-MCFADDEN 2 LLC, a
California limited liability company (formerly known as Muller-Rock 1 LLC, which acquired title as
Muller-Rock-1 LLC, a California limited liability company), as tenants in common (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 1766 E. McFadden Avenue and 1261 S, Lyon Street, Santa Ana, CA)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
Closing Date. "Closing Date" means January 15, 2010.
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 this PSA.
(b) Seller agrees to convey to City a Temporary Construction Easement Deed (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 the TCE attached hereto and by this reference made a part hereof
3. Property Taxes, Real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property Is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and
Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years
prior to the fiscal year within which said conveyance is made shall be paid by Seller before
conveyance of Said Real Property to City.
4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from
City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements
pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of
Thirty Thousand and No/100 Dollars ($30,000,00).
5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of Thirty
Thousand and No/100 Dollars ($30,000.00) to Selier on or prior to the Closing Date..
6. Recordation of Grant Deed. Buyer shall execute and deliver Grant Deed to Seller on or prior
to the Closing date,
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.
25K-16
8. AS-IS, Buyer hereby acknowledges, agrees and represents that the Said Real Property is to
be purchased, conveyed and accepted by Buyer in its present condition, "AS IS", "WHERE IS" AND
WITH ALL FAULTS, and that no patent or latent defect or deficiency in the condition of the Said Real
Property whether or not known or discovered, shall affect the rights of either Seller or Buyer
hereunder nor shall the Purchase Price be reduced as a consequence thereof. Buyer expressly
acknowledges and agrees that Buyer is not relying on any representation or warranty of Seller, nor
any member partner, officer, employee, attorney, property manager, agent or broker of Seller,
whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute,
common law or other legally binding right or remedy In favor of Buyer,
9. Limitation of Seller's Liability. Buyer on its own behalf and on behalf of its agents,
members, partners, employees, representatives, related and affiliated entities, successors and
assigns hereby agrees that in no event or circumstance shall any of the mernbers, partners,
employees, representatives, officers, directors, agents, or affiliated or related entities of Seller have
any personal liability under this Agreement, or to any of Buyer's creditors, or to any other party in
connection with the Said Real Property and the transactions contemplated herein.
10. Costs and Expenses. if the transaction contemplated by this Agreement is consummated
and except as expressly provided herein, Buyer shall pay any and all closing costs and expenses,
other than Seller's legal and professional fees.
11. Release. Except as expressly provided herein, Buyer on its own behalf and on behalf of its
agents, members, partners, employees, representatives, related and affiliated entities, successors
and assigns, and the respective officers, directors, shareholders, partners, members, employees, and
agents of each of them hereby agrees that Seller and each of its employees, representatives,
property managers, asset managers, agents, attorneys, affiliated and related entities, heirs,
successors and assigns (collectively, the "Releases") shall be, and are hereby, fully and forever
released and discharged from any and all liabilities, losses, claims (including third party claims),
demands, damages (of any nature whatsoever), causes of action, costs, penalties, fines, judgments,
attorneys' fees, consultants' fees and costs and experts' fees (collectively, the "Claims") with respect
to any and all Claims, whether direct or indirect, known or unknown, foreseen or unforeseen, that
may arise on account of or in any way be connected with the Said Real Property including, without
limitation, the physical, environmental and structural condition of the Said Real Property or any law or
regulation applicable thereto, Including, without limitation, any Claim or matter (regardless of when it
first appeared) relating to or arising from (1) the presence of any environmental problems, or the use,
presence, storage, release, discharge, or migration of hazardous materials on, in, under or around
the Said Real Property regardless of when such hazardous materials were first introduced in, on or
about the Said Real Property, (ii) any patent or latent defects or deficiencies with respect to the Said
Real Property and (iii) any and all matters related to the Said Real Property or any portion thereof,
including without limitation, the condition and/or operation of the Said Real Property and each part
thereof. Buyer hereby expressly waives the provisions of Section 1542 of the California Civil Code
which provides:
"A GENERAL RELEAS +' DOES NOT EXTEND TO CLAIMS WHICH THE,
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IHM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
12. 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.
25K-17
13. Heirs, Assigns, Successors-in-interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
14. 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,
15. 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:
Muller-McFadden LLC and Muller-McFadden 2 LLC
2351 Paseo de Valencia #2090
Laguna Hills, CA 92653-3107
ATTN: Hugh Fast
16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
17. Modificatlon and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
18. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect,
but all the remaining provisions of this PSA shall remain in full force.
19. Captlons. 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.
20. Governing Law, This PSA shall be governed by and construed in accordance with the laws
of the State of California.
21. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability of executing this PSA and the meaning of the
provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or
against any party based upon any attribution to such party as the source of the language in question.
22. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
23, Duty To Cooperate Further. Each party hereby agrees that It shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the party
to be charged) and do such other acts and things as are reasonably necessary and appropriate to
effectuate the terms and conditions of this PSA, without cost.
24. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
25, Authority to Execute Agreement, Each undersigned represents and warrants that its
signature hereinbelow has the power, authority and right to bind their respective parties to each of the
terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
25K-18
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.
27. Other Provisions. The obligation of Seller, on the one hand, to consummate the transactions
contemplated hereunder are conditioned upon written approval, from all lenders holding a deed of trust
against this real property, of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER: MULLER-MCFADDEN LLC,
a California limited liability company
By; --^1 . `"1\'
Nam C n M. Muller ?-
Its: M 4ger
MULLER-MCFADDEN 2 LLC,
a California limited liability company (formerly known as
Muller-Rock 1 LLC)
Nam Ion M. Muller
Ifs: ger
City/Buyer
City of Santa Ana
David N, Ream
City Manager
Attest:
Date: 2010
Maria D. Huizar
City Clerk
Approved as to Form:
Joseph W. Fletcher
City Attorney
Jose Sandoval
Managing Senior Assistant City Attorney
Date: .2010
Date: _ .2010
25K-19
Cons( Survcying, Inc.
Pcbmary 26, 2009
EXHIBIT "A"
LEGAL DESCRIPTION
MCF-PCL-2
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 86-337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE
EAST LINE OF SAID PARCEL 2 SOUTH 09"29'31" FAST 13.34 FEET; THENCE SOUTH
44°18'38" WEST 4.42 FEET; THENCE SOUTH 89°18'39" WEST 6.93 FEET; THENCE NORTH
46°41'29" WEST 8.73 FEET; THENCE NORTH 00°55'00" WEST 10.18 FEET TO THE NORTH
LINE 01= SAID PARCEL 2; THENCE ALONG SAID NORTH LINE NORTH 89°28'54" EAST 13.23
FEET TO THE POINT OF BEGINNING.
CONTAINING 211 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "I3" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED TI-118 26" DAY OF FEBRUARY, 2009.
?GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30109
1N 107069.04 Snn(n Ann biCl'-PC(r2 rev
04
-?' L.S. ?10r3 p
?`a! EXP. 6/:30/09
25K-20
Cons1 Surveying, hie.
February 26, 2009
EXHIBIT "A-1"
LEGAL DESCRIPTION
MC F-PCL-2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 86.337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE
EAST LINE OF SAID PARCEL 2 SOUTH 09°29'31" EAST 13,34 FEET TO THE TRU) POINT
OF BEGINNING; THENCE SOUTH 414°18'38" WEST 4.42 FEET; THENCE SOUTH 89°18'39"
WEST 6.93 FEET; THENCE NORTH 48°41'29" WEST 8.73 FEET; THENCE NORTH 00°65'00"
WEST 10.18 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTH
LINE SOUTH 89°28'64" WEST 6.00 FEET; THENCE SOU'T'H 00°56'00" EAST 12.27 FEET;
THENCE SOUTH 45°41'29" EAST 12.88 FEET, THENCE NORTH 89°18'39" EAST 12,39 FEET
TO THE EAST LINE OF SAID PARCEL 2; THENCE ALONG SAID EAST LINE NORTH
09°29'31" WEST 8.22 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 171 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "S" ATTACHED HERETO AND MADE A
PART HEREOF, .
DATE=D THIS 26TH DAY OF FEBRUARY, 2009,
t(-,WEN-VI=RA DEL CASTILLO, PL8, 5108
REGISTRATION EXPIRES 6130109
V ANU
U?????P Uri -?
r
L.S, 5108 °
c (EXP. 6/30/09).
Jr
JN 107069.04 Santa Ann MCF-KI-2 TCG rev
25K-21
McFADDEN AVENUE
S
!'. 4L
Ua 2 1 T. C. E. ?p
7
J 3 5, . - 11
c? 10 9 8 1?
T P.0
T, C, E.
6
5
PARCEL 2
PARCEL MAP M337
® TEMPORARY CONSTRUCTION p.IM.B.247 19.2(D
EASEMENT
BEARING DISTANCE
1 S89' 28' 54' W 13. 23' PARCEL 4
2 S89° 28' 54' W 5. 00'
3 SO0' 55' 00' E J2,27'
4 S45' 41' 29' E 12. 86'
5 N89' 18' 39" E 12-39'
6 N09' 29' 31' W 8.22
7 N09" P-9' 31 " W 13-34'
8 S44' 18' 38' W 4,42'
9 S89° E 8' 39" W 5,93'
10 N45' 41' 29' W 8. 73'
11 N00' 55' 00" W 10. 18'
JOB
DATE: 2425/09
F XH I F31 T R
SCALE: I"=20' - 1COA57- SURVEYING, INC,
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, suns a
iUSTM, GA 92760.6527 (714) 918-8266
25K-22
Coast Surveying, Gic,
rabranry 26, 2009
EXHIBIT "A"
LEGAL DESCRIPTION
MCF-PCI.-2A
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO, 86.337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OP THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 09°29'39" EAST 13,34 FEET; THENCE
NORTH 44°1838" EAST 6,62 FEET: THENCE NORTH 89018136" EAST 4,92 FEET TO THE
NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID NORTHEASTERLY
LINE NORTH 60°14'05" WEST 14.29 FEET TO THE POINT OF BEGINNING.
CONTAINING 53 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF,
DATED THIS 26TH DAY OF FEBRUARY, 2009, d G AND s
DEI,
?v
GWEN-VERA DEL CASTILLO, PLS 5108 L.S. 5108
REGISTRATION EXPIRES 6/30/09 A EXP. 6/30/09
C
,IN 107069-04 Sanln Ana MCF-110:1: 2,A
25K-23
Coi xl Stirvoyilig, lac.
Fclm[ary 26, 1.009
EXHIBIT "A-1"
LEGAL DESCRIPTION
MCF-PCL-2A
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86-337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS, IN THE OFFICE OF TIME COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS;
COMMENCING AT THE. MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 09°29'31" EAST 13.34 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 44018'38" EAST 5,52 FEET; THENCE NORTH
89°18'36" EAST4,92 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 4; THENCE
ALONG SAID NORTHEASTERLY LINE SOUTH 60"11'06" EAST 6,00 FEET; THENCE SOUTH
61°37'63" WEST 14.37 FEET TO SAID WESTERLY LINE OF SAID PARCEL 4; THENCE
ALONG SAID WESTERLY LINE NORTH 09°29'31" WEST 8.22 FEET TO THE TRUE POINT OF
BEGINNING,
CONTAINING 83 SQUARE FEET, MORE OR LESS,
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 26T" DAY OF FEBRUARY, 2009,
GWEN•VERA DEL CASTILLO, PLS 6108
REGISTRATION EXPIRES 6/30109
Q
L,S. 5108
UP, 6/30/09
CAQ
JN 107069-04 Santa Ana iv1CF•I'CL-2A TCE
25K-24
25K-25
Coasl Survoying, loo.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
RIT-PCL-1
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86-337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOT<247,
PAGES -19 AND 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL NORTH 50°11'06" WEST 6.45 FEET;
THENCE SOUTH 42°02'64" WEST 9.83 FEET; THENCE SOUTH 00°31'48" WEST 8.91 FEET;
THENCE SOUTH 44°28'23" EAST 16.10 FEET TO THE EAST LINE OF SAID PARCEL 4;
THENCE ALONG SAID CAST LINE NORTH 00°30'60" EAST 20.43 FEET TO THE POINT OF
BEGINNING.
CONTAINING 181 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.
'vo t-c" lt?vc
GWEN-VERA JOEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130109
I.
L. S. 510£3
?ul
EXP. 6/30/09
C
Jn 107059.04 Smila Ana R(T-11CI: I
25K-26
Coust Surveying, Ltc.
July 9, 2008
EXHIBIT "A-1 "
LEGAL DESCRIPTION
RIT-PCL-1
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 86-337, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 247,
PAGES 19 AND 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID PARCEL NORTH 50°11'05" WEST 6,45 FEET TO THE
TRUE POINT Off' @?-OINNINO; THENCE SOUTH 42°02'54" WEST 9.63 FEET; THENCE
SOUTH 00°31'48" WEST 5,01 FEET; THENCE SOUTH 44°28'23" EAST 16.10 FEET TO THE
EAST LINE OF SAID PARCEL 4; THENCE ALONG SAID EAST LINE SOUTH 00°30'50" WEST
7.07 FEET; THENCE NORTH 44°28'23" WEST 23.17 FEET; THENCE NORTH 00°31'48" EAST
9.88 FEET; THENCE NORTH 42°02'64" EAST 11.33 FEET TO SAID NORTHEASTERLY LINE;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50°11'05" EAST 5,00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 100 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF,
DATED THIS 9TI DAY OF JULY, 2008.
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/09
Jn [07069.04 Santa Anti RIT-PC I_- I
r cs ? f.
r
L, S. 5108
-f` . l EXP. 6/30/09
25K-27
CE Mc FAOOEN
AVENUE
30'
1-
w!
(n
UJ
S
'1,19 \
\
PAf cul MAP NO. W=3337 ? \
IRK & 247 / 12n20 I \
7 T. P, o. g. PARCEL 4 \
T.C.E. ?
1 P. 0, C.
a6 T, C. E.
5 fj
J
TEMPORARY CONSTRUCTION \
® EASEMENT 10 2 \
BEAR I NG L
1 S50° 11' 05"E
2 SOO' 30' 50" W
3 SOO ° 30' S0" W
4 N44° 28' 23" W
5 NOO" 31' 48" E
6 N42° 0 2' S4" E
7 S50° 1 1' 05" E
8 S42 ° 02' S4" W
9 SO0° 31' 48" W
10 S44 ° 28' 23" E'.
?
ANCE
iIS 6T. 4 5' 4
3 I \ \
20, 43' 30' \
7. 0 7' \
21 1/'
9. 88'
\
1 1. 33,
5. 00'
9, 63'
5. t) I '
16. 10'
JOU
DATE: o? os E,`C H 1 B I TB
SCALE: 1"- 20 - COAST SURVEYING, INC.
SHE 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN,I CAI 927806627 0Q14) 918-6266
...\RIT-PCL-1.dgn 7/9/200£1 1:11:49 PM
25K-28