HomeMy WebLinkAboutSVARDLOFF, TRUSTEE; OGINTS, NATHAN, TRUSTEE; IKER, STEVEN, TRUSTEE - 2011A-2011-095
`-'' PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT, entered into this &? day of &rck, 2011, 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 Barney Svardloff Trustee of the Barney
q- Svardloff Trust Dated March 21, 1981, as to an undivided 50 percent interest; Nathan Ogints Trustee of the
Nathan Ogints Trust "A" Dated January 10, 1983, as to an undivided 16.67
ry percent interest and; Steven Iker
Trustee of the Steven Iker and Sharon Iker Revocable Trust as their interest appear of record, as to un
66 undivided 33.33 percent interest (hereinafter called "Seller"), regardless of number or gender;
I?
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" & "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1715 N. Bristol Street, Santa Ana, CA 92706)
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 15 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. Seller further
agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition,
restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or
non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title,
shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by
Seiler to City, nor of any right which might accrue to City because of the failure of Seller to convey title as
hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, 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 NINETY THOUSAND AND NO/100 Dollars ($90,000.00) 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 City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and
the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening
of the escrow. Escrow to close within 90 days of the City's execution of this Agreement.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of
this Section 4 and of the General Provisions described in 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 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 & equipment (improvements pertaining to the
realty), goodwill (if any), and severance damages, the total sum of NINETY THOUSAND AND N01100 Dollars
($90,000.00). 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 as 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. Intentionally Omitted.
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. Heirs, Assions. Successors in Interest. This Agreement, and all the terms, covenants and conditions
hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder
to be made, time is and shall be of the essence.
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to
enter upon said real property at all reasonable times prior to close of escrow for the purpose of making
necessary inspections.
13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at
fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining
to the realty), goodwill (if any), and severance damages.
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988,
in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seiler is:
Alan Kalman
137 S. Robertson Blvd., # 122
Beverly Hills, CA 90211
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their
Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were
raised or could have been raised in connection with the acquisition of said real property by City.
17. Hazardous Waste. A. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous
waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or
transported any Hazardous Materials to or from the Property, with the exception of paragraph 17.B., below.
Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the
Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes
regulated by any local governmental authority, the State of California, or the United States Government,
including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely
hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant
to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a
,hazardous material", hazardous substance", or hazardous waste under Section 25501 of the California
Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety
Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated
as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined
as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
S6901 et seg. (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et
seq. (42 U.S.C. S9601).
B. Seller hereby discloses, and Buyer was and is aware, that a gasoline station (owned
by Chevron U.S.A. Inc.'s predecessor, Standard Oil Company of California) existed on a portion of Seller's
property from 1955 to 1985. During the course of negotiation of a lease between Seller and the current tenant,
Walgreen Co., soil samples revealed levels of contamination at the site of the former gasoline station
warranting additional testing and eventually warranting the placement of monitoring wells, at the direction of the
California Regional Water Quality Control Board, Santa Ana Region. An Environmental Agreement was
entered into by and among Seller, Walgreen Co., and Chevron, requiring Chevron to install the necessary
groundwater monitoring wells and perform all clean up and testing required by the California Regional Water
Quality Control Board, Santa Ana Region, with the full knowledge, input, consent and oversight of the City of
Santa Ana.
Said Agreement provided for indemnity by Chevron of Seller and Walgreen Co. regarding the
contamination, clean up and monitoring of contamination on the property.
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with
all applicable laws and governmental 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.
19. Indemni . A. With the exception of paragraph 19.13, below, 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.
B. Said indemnity does not extend to the existence of contamination disclosed and
described in Paragraph 17.13, above.
20. Continuency. 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.
21. Modification and Amendment. This Agreement may not be modified or amended except in writing
signed by the Seller and City.
22. 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.
23. 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.
24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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:
L remove 350 SF of concrete paving
H. remove 837 SF of irrigation system
iii. remove 837 SF of landscaped area
iv. Rework irrigation system
(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. None
31. 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:
Barney Svardloff Trustee of the Barney Svardloff Trust Dated March 21, 1981, as to an undivided 50 percent
interest; Nathan Ogints Trustee of the Nathan Ogints Trust "A" Dated January 10, 1983, as to an undivided
16.67 percent interest and; Steven Iker Trustee of the Steven Iker and Sharon Iker Revocable Trust as their
interest appear of record, as to un undivided 33.33 percent interest
w
Alan Kalman, uccessor Trustee of
Barney Svardloff Trust Dated March 21, 1981
Dated
L 01?'_T4?c -
Nathan Ogints, Trustee
/L-
Steven Iker,
CITYIBUYER:
CITY OF SANTA ANA
BY: (/?-- ---
David N. earn
City Manager
ATTEST:
BY: 1 , ,
Maria D. Huizar ,
Cleric of the Council
Dated
Dated 7i?J
Dated ?"/8 12zxi
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
BY: Dated
J Sandoval
aging Senior Assistant City Attorney
EXHIBIT "A" & "B"
E35CHMIT "A"
LEGAL DESCRIPTION
PARCEL "A"
That portion of Parcel 1 of Parcel Map No. 88-100, in the City of Santa Ana,
County of Orange, State of California, per map filed in Book 248, Pages 9 and 10 of
Parcel Maps in the office of the County Recorder of said Orange County, lying westerly
and southwesterly of the following described line:
Commencing at the centerline intersection of Bristol Street with 170r Street as shown on
said Parcel Map; thence northerly along said centerline of Bristol Street,
North 00°42'50" East, 293.37 feet to the westerly prolongation of the northerly line of
said Parcel 1; thence easterly along said westerly prolongation, North 89°50'00" East,
60.01 feet to the northeasterly corner of the Easement for Street Purposes as described in
Easement Deed recorded July 17, 2009 as Instrument No. 20090003 8309 1;'
Official Records of said County Recorder; thence southerly along the easterly
Right of Way line of Bristol Street per said Easement Deed, South 00°42'50" West,
63.75 feet to the True Point of Beginning and the beginning of a curve concave easterly,
having a radius of 50.00 feet; thence southerly along said-curve 10.67 feet, through a
central angle of 12113'35'; thence South 11 °30'45" East; 35.44 feet to the beginning of a
curve concave westerly, having a radius of 60.00 feet; thence southerly along said curve
12.80 feet, through a central angle of 12°13'35" to a line which is parallel with and
70.00 feet easterly of said centerline of Bristol Street, said curve being tangent to said
parallel line; thence southerly along said parallel line, South 00042'50" West, 82.54 feet
to the intersection with a line which is parallel with and 2.50 feet northeasterly of the
southeasterly line of said Easement Deed; thence southeasterly along said parallel line,
South 44°44'04" East, 35.03 feet to the intersection with a line which is parallel with and
64.00 feet northerly of the centerline of said 170'Street, said parallel line being the
southerly line of said Parcel 1 and the northerly Right of Way line of 17a' Street per said
Parcel Map.
Except that portion of said Parcel 1 described in Easement Deed recorded July 17, 2009
as Instrument No. 2009000383091, Official Records in the office of said County
Recorder.
Containing 1,187 square feet, more or less.
1
All as shown on Exhibit `B", attached hereto and by this reference made a part hereof.
Subject to an Covenants, Rights, Rights-of-Way and Easements of record, if any.
Prepared by me, or under my direction one
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EXHIBIT "B"
SNOA MA A.P. NO. 399-085-20
MWA SKETCH TO ACCOMPANY
„ate !!!? LEGAL DESCRIPTION
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.
LICENSE AND RIGHT OF ENTRY
Barney Svardloff Trustee of the Barney Svardloff Trust Dated March 21, 1981, as to an undivided
50 percent interest; Nathan Ogints Trustee of the Nathan Ogints Trust "A" Dated January 10,
1983, as to an undivided 16.67 percent interest and; Steven Iker Trustee of the Steven Iker and
Sharon Iker Revocable Trust as their interest appear of record, as to un undivided 33.33 percent
interest, (hereinafter referred to as "Licensor"), does hereby grant to City of Santa Ana, a charter
city and municipal corporation duly organized and existing under the Constitution and/or laws of
the State of California, its officers, agents, employees or representatives (collectively referred to
as the "Licensee"), the right to enter and construct improvements associated with the 17th &
Bristol Street Intersection Widening Project. Improvements include the Installation of a new public
sidewalk and driveway, as shown on the real property described as follows:
SEE EXHIBIT "A" and "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
This permission is granted subject to the following conditions being fulfilled by City:
(A) Improvements will be constructed as shown in the Exhibit "C" drawings.
(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. In this case, the contractor shall provide a temporary asphalt driveway to the
business until a permanent concrete driveway is constructed. At no time &- the contractor
block access to the business during construction.
(C) The Licensee agrees to indemnify and hold harmless, Licensor, from any liability arising out
of the Licensee's exercise of this License and Right of Entry. The Licensee further agrees
to repair any damage to said property caused by the exercise of this License and Right of
Entry at its sole cost and expense and to restore said property, with the exception of the
improvements left thereon, as nearly as practicable to the state in which it existed prior to
the use of the property by the Licensee.
The rights herein granted to the Licensee, are exclusive, and the Licensee agrees not to assign,
transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior
expressed written approval of the undersigned. No right of entry to existing buildings is
conveyed by this instrument.
Licensee represents that it is and will be at all times during this License, self insured up to One
Million dollars and carries excess insurance coverage of up to One Hundred and Two Million
dollars as more specifically described in the letter dated March 9, 2011 attached to this Right of
Entry.
This License and Right of Entry hall expire upon completion of said construction work, and in
any event, no later than , 2014, unless extended by written agreement between
the undersigned and the Licensee.
Page 1 of 2
SELLER:
Barney Svardloff Trustee of the Barney Svardloff
Trust Dated March 21, 1981, as to an undivided
50 percent interest; Nathan Ogints Trustee of
the Nathan Ogints Trust "A" Dated January 10,
1983, as to an undivided 16.67 percent interest
and; Steven Iker Trustee of the Steven Iker and
Sharon Iker Revocable Trust as their interest
appear of record, as to un undivided 33.33
percent interest
By.
Alan Kalman, Successor Trustee of
Barney Svardloff Trust Dated March 21, 1981
By:
By:_
CITY OF SANTA ANA
a charter city and municipal corporation
duly organized and existing under the
Constitution and laws of the State of
California
BY: ? ,
David N. Ream, City Manager
APPROVED AS TO FORM:
JOSEPH STRAKA
City Attorney
BY:
o Sandoval
hief Assistant City Attorney
Date / /
ATTEST:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
That portion of Parcel 1 of Parcel Map No. 88.100, -in the City of Santa Ana,
County of Orange, State of California, per map filed in Book 248, Pages 9 and 10 of
Parcel Maps in the office of the County Recorder of said Orange County, lying westerly
and southwesterly of the following described line:
Commencing at the centerline intersection of Bristol Street with 17a' Street as shown on
said Parcel Map; thence northerly along said centerline of Bristol Street,
North 00°42'50" East, 293.37 feet to the westerly prolongation of the northerly line of
said Parcel 1; thence easterly along said westerly prolongation, North 89150'00" East,
60.01 feet to the northeasterly corner of the Easement for Street Purposes as described in
Easement Deed recorded July 17, 2009 as instrument No. 2009000383091,'
Official Records of said County Recorder; thence southerly along the easterly
Right of Way line of Bristol Street per said Easement Deed, South 00°42'50" West,
63.75 feet to the True Point of Beginning and the beginning of a curve concave easterly,
having a radius of 50.00 feet; thence southerly along said curve 10.67 feet, through a
central angle of 12°13'35' ; thence South 11 °30'45" East; 35.44 feet to the beginning of a
curve concave westerly, having a radius of 60.00 feet; thence southerly along said curve
12.80 feet, through a central angle of 12°13'35" to a line which is parallel with and
70.00 feet easterly of said centerline of Bristol Street, said curve being tangent to said
parallel line; thence southerly'along said parallel line, South 00°42'50" West, 82.54 feet
to the intersection with a line which is parallel with and 2.50 feet northeasterly of the
southeasterly line of said Easement Deed; thence southeasterly along said parallel line,
South 44°44'04" East, 35.03 feet to the intersection with a line which is parallel with and
64.00 feet northerly of the centerline of said 17s' Street, said parallel line being the
southerly line of said Parcel 1 and the northerly Right of Way line of 17`h Street per said
Parcel Map.
Except that portion of said Parcel 1 described in Easement Deed recorded July 17, 2009
as Instrument No. 2009000383091, Official Records in the office of said County
Recorder.
Containing 1,187 square feet, more or less.
All as shown on Exhibit "B", attached hereto and by this reference made a part hereof.
Subject to at] Covenants, Rights, Rights-of-Way and Easements of record, if any.
Prepared by me, or under my direction on ` p
L
Raymon J. X*venra, LS 8324 c?5? ?, ftlV£R
Expires 12/31/11
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PARCEL 1
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EXP. 12-31-11,
t
N89'50'00"E 275.00' v ? N. 7. S. )
60.01 ` 224.99' .
50' Lt N0042'50"E 63.75'
60' 10.00' L2 NI 1'30'45"W 35.44-
U NOO'42' 50"E 82,54'
L4 N44'44'04"W 35.03'
T.P.O.I?. L5 N44'44'04"W 44.14'
A ?? L6 N00'42'50"E 134.14' 0)
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Cl d=90'53'48" R=27.00' L=42.83'
I CYO 00 C2 X19'09'25" R=108.35' L=36.23'
70 C3 A=19'12'44" R=108.35' • L=36.33'
o
C4 A=12'13'35" R=50.00' L=10.67' n j
5000, 10, C5 A=12'13'35" R=60.00' L=12.80'
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99-085-20
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17TH STREET
EXHIBIT s,B„
SANTA ANA
' A•P• NO. 399 -085-20
CP A SKETCH TO 'ACCOMPANY
LEGAL DESCRIPTION
EXHIBIT "C"
SROEMALK
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1 CONCRETE PLAZA
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CONSTRUCTION COORDINATION +
- NOTIFICATION 2 WEEKS PRIOR TO ENTIRE
PROJECT START
- NOTIFICATION 48 HOURS PRIOR TO
WALGREENS SITE SPECIFIC CONSTRUCTION
E - DRIVEWAY ACCESS WILL REMAIN AT ALL
TIMES
- LARGE BUISNESS OPEN DURING CONSTRUCTION"
SIGNS WILL BE POSTED
- CONSTRUCTION OF ENTIRE PROJECT WILL BEG IN
AROUND MAY 2011
J- DETAILED SCHEDULE OF WORK FOR THE NE
CORNER PROVIDED PRIOR TO CONSTRUCTION
START
E?
• GRA E EX?STING
LAN CAP NG T
r
O
CK OF
MA C WA `
04
l x
ii
'S (RIGHT OF ENTRY)
Ww
J~
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UC
via
rEXISTINC Paint TREE • WALGREENS IS RESPONSIBLE FOR
TO REMAIN REWORKING IRRIGATION A$ NECESSARY
PROPOSED PALM TREE
WAL REEK
EXIS TO REMAIN TREE i
i
PROPOSED PALM TREE 5 E p I
LANOSCAPEITOIBE
CONCRETE PLAZA
(RIGHT OF ENTRY)
ITO ;kATCH
,? ..,
SANTA AVA --- iAll f=
D ?,?D BRISTOL / 17TH WIDENING
`.J WALGREENS COORDINATION ~`---?
MAYOR
Miguel A. Pul#do
MAYOR PRO TEM
Claud#a C. Alvarez
COUNCIL MEMBERS
P. David Benavides
Carlos Bustamante
Michele Martinez
Vincent F. Sarmiento
Sal Tinalero
CITY OF SANTA ANA
OFFICE OF THE CITY ATTORNEY
20 CIVIC CENTER PLAZA M•29 • P.O. Box 1988
SANTA ANA, CALIFORNIA 92742
(714) 647-5201 • Fax (714) 647.6515
March 9, 2011
Kenneth E. Ostrove
LAW OFFICES OF KENNETH E. OSTROVE
5200 Lankershim Blvd. Suite 850
North Hollywood, CA 91601-3155
Re: City of Santa Ana - Self Insurance and other Coverages
Dear Mr. Ostrove:
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CIERK OF THE COUNCIL
Maria D. Hulzar
The City of Santa Ana is a member of Big Independent Cities Excess Pool (BICEP). Current
reinsurance and excess municipal liability is insured from $2M to $102M and includes auto liability
coverage. The City self insures and funds the first $IM of claim payments. BICEP covers the layer
from $1 M to $2M.
The City is permissively self-insured for workers' compensation and self-administers this
program as well. The City, through BICEP, purchases excess statutory coverage through the
California State Association of Counties - Excess Insurance Authority (CSAC-EIA) above $750K.
The City funds claim payments under $750K.
The City is also a member of the Public Entity Property Insurance Program (PEPIP). At
present, membership is over 6,400 entities. Current property insurance is $IB per occurrence for "All
Risk" coverage and flood coverage is $82.5M or $50M based on the flood zone where our insured
property is-located.
If you need further assistance, I can be reached at (714) 647-5470,
Sincerely,
?44SA4T-
EDWARD S. RAYA
Risk Manager
cc: Souri Amirani
C.S. we
o
CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the deed dated
March 21, 1981, from Barney Svardloff Trustee of the Barney Svardloff Trust,as to
an undivided 50 percent interest; Nathan Ogints Trustee of the Nathan Ogints Trust
"A " dated January 10, 1983, as to an undivided 16.67 percent interest and; Steven
Iker Trustee of the Steven Iker and Sharon Iker Revocable Trust as their interest
appear of record, as to an undivided 33.33 percent interest, to the City of Santa
Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California, is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City Council on June 1, 1998, in compliance with
California Government Code Section 27281 and the grantee consents to recordation
thereof by its duly authorized officer.
For the City of Santa Ana:
AR 0 8 2011
City Manager
Dated
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 8t" day of Aril 2011, before me, Maria R. Huizar , Notary Public,
personally appeared David N. Ream who proved to me on the basis of satisfactory
evidence to be the f?e?n/persons whose mne/names is/are- subscribed to the within
instrument and acknowledged to me that t6/she/they executed the same in Ifther/their
authorized ap tly/capacities and that by his/her-/their sig?h_aturesignratures on the
instrument the !rerWh/persons, or the entity upon behalf of which the 1fersgh/pers_Qns
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
C?wwMMon f 1lN71#
?? Ca1MlIr
Witness my hand and official seal.
Signature of Notary
CAPACITY CLAIMED BY SIGNER:
Individual(s)
[] Corporate _
? Officers
Title(s)
? Partner(s)
? General Partner of a Limited
? Partnership
? Attorney-in-Fact
? Trustee (s)
? Subscribing Witness
? Guardian/Conservator
? Other:
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
GRANT DEED BARNEY SVARDLOFF TRUSTEE NATHAN OGINTS TRUSTEE AND STEVEN IKER
TRUSTEE FOR 1715 N. BRISTOL STREET, SANTA ANA. CA
TITLE OR TYPE OF DOCUMENT: GRANT DEED
NUMBER OF PAGES: DATE OF DOCUMENT
SIGNER (S) OTHER THAN NAMED ABOVE:
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 LIVE FOR RECORDER'S USE
CANCEL
TAXES
X APPROVED AS TO
FOR'%IBYATTY. APPROVED BY
DIRECTOR DESCRIPTION
WRITTENBY DESCRIPTION
CHECKED-O.K A.P
NUMgER 399-085-20 R/W MAP
NMIBER PROJECT
FIBER
Portion of U15 N. Bristol Street, Santa Ana, CA a> > n NtIlIIBER
GRAINY DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Barney Svardloff Trustee of the Barney Svardloff Trust Dated March 21, 1981, as to an undivided 50 percent interest;
Nathan Ogints Trustee of the Nathan Ogints Trust "A" Dated January 10, 1983, as to an undivided 16.67 percent interest
and; Steven Iker Trustee of the Steven Iker and Sharon Iker Revocable Trust as their interest appear of record, as to un
undivided 33.33 percent 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 1715 N. Bristol Street,
described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated: J- g 3-/1
Dated: 3 -a5-- i
Dated: ?1-
y: A1a1I Kalman, Successor Trustee of
Barney Svardloff Trust Dated March 21, 1981
By: Nathan Ogints, Trustee
By:
- EXHLBIT "All
LEGAL DESCRIPTION
PARCEL "A"
That portion of Parcel 1 of Parcel Map No. 88-100, in the City of Santa Ana,
County of Orange, State of California, per map filed in Book 248, Pages 9 and 10 of
Parcel Maps in the office of the County Recorder of said. Orange County, lying westerly
and southwesterly of the following described line:
Commencing at the centerline intersection of Bristol Street with 171i Street as shown on
said Parcel Map; thence northerly along said centerline of Bristol Street,
North 00°42'50" East, 293.37 feet to the westerly prolongation of the northerly line of
said Parcel 1; thence easterly along said westerly prolongation, North 89°50'00" East,
60.01 feet to the northeasterly corner of the Easement for Street Purposes as described in
Easement Deed recorded July 17, 2009 as Instrument No. 2009000383091,
Official Records of said County Recorder; thence southerly along the easterly
Right of Way line of Bristol Street per said Easement Deed, South 00°42'50" West,
63.75 feet to the True Point of Beginning and the beginning of a curve concave easterly,
having a radius of 50.00 feet; thence southerly along said curve 10.67 feet, through a
central angle of 12°13'35"; thence South 11 °30'45" East; 35.44 feet to the beginning of a
curve concave westerly, having a radius of 60.00 feet; thence southerly along said curve
12.80 feet, through a central angle of 12113'35" to a line which is parallel with and
70.00 feet easterly of said centerline of Bristol Street, said curve being tangent to said
parallel line; thence southerly-along said parallel line, South 00042'50" West, 82.54 feet
to the intersection with a line which is parallel with and 2.50 feet northeasterly of the
southeasterly line of said Easement Deed; thence southeasterly along said parallel line,
South 44°44'04" East, 35.03 feet to the intersection with a line which is parallel with and
64.00 feet northerly of the centerline of said 17a` Street, said parallel line being the
southerly line of said Parcel I and the northerly Right of Way line of 171i Street per said
Parcel Map.
Except that portion of said parcel 1 described in Easemeat Deed recorded July 17, 2009
as Instrument No. 2009000383091, Official Records in the office of said County
Recorder.
Containfitg 1,187 square feet, more or less.
All as shown on Exhibit attached hereto and by this reference made a part hereof.
Subject to all Covenants, Rights, Rights-of-Way and Easements of record, if any.
Prepared by me, or under my direction on
Eq?,o
Rayman J. ivera, PLS 8324 cos ,?, R1VF? '3G?
FA-pires 12/31/11 ,
Pl.S 9324
O 12-31-11
LU
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PARCEL 1
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PLS 8324
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N89'50 QQ E 275.00'
60.01 224.89' .
50' Ll N00'42'50"E 63.75'
60" 10.00' L2 N71'30'45"W 35.44'
:1 L3 N00'42'50"E 82.54'
T. P. Q, ( L4 N44'44+04"W 35.03'
cy L5 N4444 04 W 44.14
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1,187 SQ FT
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o Cl d=90'53'48" R=27.00' L=42.83' Q
1Y1 00 G2 A=19'09'25" R=108.35' L=36.23'
70' C3 d=19'12'44" R=108,35' , L=36.33'
C4 d=12'13'35" R=50.00' L=10.67' to j
50' 10' C5 b=1213'35" R=60.00' L=12.80'
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- P. 0. C. N89'49'02"E
17TH STREET
EXH.IBI T 7)B7) ?i??GAT1O?F`?7
SANTA ANA
A.P. NO. 399---085-20
PSKETCH TO ACCOMPANY
Mae Itms?7l.r LEGAL DESCRIPTION
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Las (A ri _ -<
On A?cN '2Z. *oao before me, Cs i roo lP-? No r
(Here insert name and title of the
personally appeared L0 tai Vl/-,A Lrot_? :
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/are subscribed to
the within instrument and acknowledged to me that4xtAe/they executed the same in+ig+er/their authorized
capacity(ies), and that by 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 of Notary Public
BARED COSTANIAN
Commission # 1746772
z ; w Notary Public - California z
z ' Los Angeles County D
(Notary Seal) My Comm. Expires Jun 20, 2011
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
\ ) l- (- " -(- /an
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages ti Document Date 'I - 2-3 - if
NI
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
Individual (s)
Corporate Officer
(Title)
? Partner(s)
? Attorney-in-Fact
? Trustee(s)
? Other v
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
tuns version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
Recording Requested ?y
rst American Tltle Company
1/Vh?? 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
T1iE CITY OF SANTA ANA PER
GOVERNMEN"I' CODE SECTION 61 O3. A_2O,1 ,? -O9S
c
ao
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9 ??
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This Document was electronically recorded by
DPS NorwalK C
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III N O FE E
A121?01?7gyp0? 10?E0C23R2 E3R9g9?7g08:OOam 05/? O/? 7
SP?. ? .??U.00 27.00 O.Og ODOI) O.OOE
CANCEL
TAXES
? APPROVED AS TO
FORAT BY ATTY. APPROVE'_D BY
OAECI'OR OESCR]PT1pN
WRLTLEN BY D65CWP7T0?1
CTtECREpOJG. p,p.
NUNI66R 399-085-20 R/W auP
ldn7?®ER PAO)BCr
NV.?7BER
Portion of 1715 N. Hristd Street, Santo Ana, CA S? ?j PO
3Y ?/,b-- 2 z
?T-T ? do ..I:.?.? ?lNe Pew- GRANT EEO
? ,,-r c vie ? l9Z 2
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Alan Kalman, Successor Trustee
Q?'/?liA?t?t¢I?f?lr/'41?1? of the Barney Svardloff Trust Dated March 21, 1981, as to an undivided 50 percent interest;
Nathan Ogints Trustee of the Nathan Ogints Trust "A" Dated January 1 O, 1983, as to an undivided 16.67 percent interest
and; Steven Iker Trustee of the Steven Iker and Sharon tker Revocable Trust as their interest appear of record, as to un
undivided 33.33 percent 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 Califarrlia, easement for public right-of-way purposes in, on, over udder, and
through the real property in the City of Santa Ana, County of Orange, State of California, located at 1715 N. Bristol Street,
described as follows:
SEE EXHIBITS "A" AND "B° ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated: c3 ' a 3 - ? 1
Dated: ? -'o??
Dated: ?
By: Alan Kalman, Successor Trustee of
Bamey SYardloff Trust Dated March 21, 1981
/fl. ? /
/?J - ?W??
By: Nathan Ogints, Trustee
By: StiCaTCn IIcer' Trust
EXHiSIT "A"
LEGAL DESCR]PTIOIIT
PARCEL "A"
That portion of Parcel 1 of Parcel Map No. 88-100, in the City of Santa Ana,
County of Orange, State of California, per map filed in Book 248, Pages 9 and 1 O of
Parcel Msps in the office of the County Recorder of said Orange County, lying westerly
and southwesterly of the following described line:
Commencing at the centerline intersection of Bristol Street with I7'}' Street as shown on
said Parcel Map; thence northerly along said centerline of Bristol Street,
North 00°42'50" East, 293.37 feet to the westerly prolongation of the northerly line of
said Parcel ] ;thence easterly along said westerly prolongation, North 89°50'00" East,
60.01 feet to the northeasterly corner of the Easement for Street Purposes as described is
Easement Deed recorded July 17, 2009 as Instrument No. 2009000383091,-
Official Records of saSd County Recorder; thence southerly along the easterly
Right of Way line of Bristol Street per said Easement Deed, South 00°42'50" West,
63.75 feet to file True Point of Beginning and the be *>;*+g of a curve concave easterly,
Having a radiets of 50.00 feet; thence southerly along said -curve 10.67 feet, through a
central angle of 12°13'35"; thence South 11°30'45" East; 35.44 feet to the begi_*+*+?*?g of a
curve concave westerly, having a radius of 60.00 feet; thence southerly along said curve
12.80 feet, through a central angle of 12°13'35" to a line which is parallel with and
70.00 feet iasterly of said centerline of Bristol Street, said curve being tangent to said
parallel line; thence southerly along said parallel line, South 00°42'50" West, 82.54 feet
to the intersection with a line which is parallel with and 2.50 feet northeasterly of the
sottheasterly line of said Easement Deed; thence southeasterly along said parallel line,
South 44°44'04" Sast, 35.03 feet to the intersection with a line which is parallel with and
64.00 feet northerly of the centerline of said 17°1 Street, said parallel line being the
southerl}+ line of said Parcel 1 and the northerly Right of Way Iine of 17'}' Street per said
Parcae} Map.
Except that portion of said Parcel 1 described in Easement Deed recorded July 17, 2009
as Instrument No. 200 90 003 8 3 09 7 , Official Records in the office of said County
Recorder.
Contaiuuig 1,187 square feet, more or less_
All as shown on Exhibit `B", attaohed hereto aad by Ibis reference made a part hercof.
Subject to all Covenants, Rights, Rights-of--Way and $asements of record, if any.
Prepared by me, or under my direction on S ?p/p
Raymond J. Rivera, PLS 8324 RIVE 'Sly
Expires 12/31/11 0 4 '? o
Pts 8324 - ,F
?f ow 12 3r?? ??, "
9? OF CAUF?Q`? -
i c7 CID \pNp? LANp s
f N o RIVE
W C" O '??O o
[if ? G--, \ PLS 8324 * n n`
C 3 NVILY CORNER Q ?• DP. 12-31-11
PARCEL 1
I 40' P.M_B_ 248/9-70 C
N89.50.00"E 275.00' (N. T. s-
60.01, 224.99' -
50' L1 N00'42'50"E 63.75'
10.00' L2 Nll'30'45"W 35.44'
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17TH STREET
PIN ' EXHIBIT "B"
SANTA ANA A.P. NO. 399-085-20
WPWA , SKETCH TO 'ACCOMPANY
„? LEGAL DESCRIPTION
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ??s ?r?r: ,cy ? ,
On f? Arc.?+ ?-3 , ??? before me, ?cx.?n ?s ? ?o?t e-•?•? LVo--?c-y ..1.??: ? _ >
(Here insert name and title of the fficer?
personally appeared ?'? ?..ply ??L-?'^? ?N? ?"?ys^> =J_????
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/are subscribed to
the within instrument and acknowledged to me thate/they executed the same in-hi3fl?ter/their authorized
capacity(ies), and that by 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.
BARED COSTANIAN
WITNESS my hand and official seal. "' commission ? 17aen2
a Notary Public -California z
- --- z ? Los Angeles County --
?- ? ?? - -- -- M Comm. Expnes Jun 20. 2011
(Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF TH`E^A)TTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages '? Document Date ? - ? - t?
N I?
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
X41 Individual (?
?j Corporate Officer
D Partner(s)
O Attorney-in-Fact
O Trustee(s)
? Other ?>
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in fhe notary section or a separate acknowledgment form must be
properly completed and allached fo fhaf document. The only exception is if a
document is to be recorded outside of California. In such instances, any alfernafive
acknowledgment verbiage as may be printed on such a document so long as [he
verbiage does not require [he notary to do something that is illegal for a notary in
California (i. e. certifying fhe authorized capacity of [he signer). Plense check the
document carefully for proper nofaria! wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the corect singular or plural forms by crossing off incorrect forms (i.e.
he/she/Wey; is /ere) or circling the corect forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufFcient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is no[ misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate of£cer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 wwwNotaryClasses.com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California / l
County of ? !ice Ji
On ?'? S? ??? before me, ? ??? ?
Date ? f ^ ere Insert N and Title of
personally appeared ?- / ' ??? Y? ?-_
who proved to me on the basis of isfactory evidence to
be the person(s) whose nam- is r?6scribed to the
wi in instrument and acknowledged to me that
ecuted the same i i eic authorized
?„?.,,_.-? ??°?"?? ti „-.!?a apacrty ie?), anti that by?i ignaturPf=? ^^ the
kr ? ??y 2,,! r ?? r? lone ? ,? ??rn3o g which thetperson(s?rcted executed t1he instrume talf of
?'.. ?'h/ LSY•lr- :(f shy f Z ' t'!. 7J I _ _;Y4
-.3-?rr?°???"?'• I certify under PENALTY OF PERJURY under the laws
'`gin ?-?-°`r'?-"` ? .?, of the State of California that the foregoing paragraph is
true and correct.
WITNESS m d and offi eal.
Sig e ?9?
Place No[ary Seal Above Signa ure of No[ary Public
OPT/ONAL
Though the information be/ow is not required by law, it may prove va/uab/e to persons relying on the document
and cou/d prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document (? pQ??
Title or Type of Document: ?9 ??? '?'? "`
Document Date: ?-?s d-'? ?? Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer!!(??s) ,, ,t`
Signer's Name: ??? y"7? Vim[ f `^' ???
dividual
Corporate Officer -Title(s):
? Partner - O Limited D General _ _
D Attorney in Fact • -
[] TrUStee Top of thumb here
D Guardian or Conservator
O Other:
Signer Is Representing:
Signer's Name:
? Individual
O Corporate Officer -Title(s):
? Partner - O Limited D General
O Attorney in Fact
O Trustee
C7 Guardian or Conservator
O Other:
Signer Is Representing:
Top of thumb here
®2007 National Nolary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNOtary.org Item #5907 rieordar. Call Toll-Free 1-BOO-876-5627
GOVERNMENT CODE 27361.7
I certify under penalty that the Notary Seal on the document to which this statement is
attached reads as follows:
NAME OF NOTARY:
DATE COMMISSION EXPIRES: 2--v r
COUNTY WHERE B
OND IS FILED: Z- 'EK
-7
COMMISSION NUMBER: I ,F1,(,.3 VENDOR NUMBER : Al-^j,4--L
I certify under penalty of perjury and the laws of the State of California that the illegible
portion of this document to which this statement is attached reads as follows:
On before me, 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 they executed
the same in their authorized capacity(ies), and that by their signature(s) 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 and the laws of the State of California that the
foregoing paragraph is true and correct.
PLACE OF EXECUTION: BREA
SIGNATURE: DATE: ?? / / /2011.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real pro pert y conveyed by the deed dated
March 21, 1981, from Barney Svardloff Trustee of the Barney Svardloff Trust,as to
an undivided SO percent interest,- Nathan Ogints Trustee of the Nathan Ogints Trust
"A "dated January IO, I983, as to an undivided l6.67 percent interest and, Steven
Iker Trustee of the Steven Iker and Sharon Iker Revocable Trust as their interest
appear of record, as to an undivided 33.33 percent interest, to the City of Santa
Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California, is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City Council on June 1, 1998, in compliance with
California Government Code Section 27281 and the grantee consents to recordation
thereof by its duly authorized officer.
For the City of Santa Ana:
APR 0 8 2011
Dated City Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange ? SS
City of Santa Ana
On this 8?h day of April, 201 1 , before me, Maria R. Huizar Notary Public,
personally appeared David N. Ream who proved to me on the basis of satisfactory
evidence to be the et=s /persons whose L-I?e%ames /are subscribed to the within
instrument and acknowledged to me that?f5?' /sh,?msy executed the same in I?f?/herl?kieir
authorized apa? y/capacities and that by f?/herftheir si?ature siges on the
instrument thep?rs9xi/persons, or the entity upon behalf of which the ers /pPr_?
acted, executed a Instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
??Ow 11>IN77?
MME ?e ' Cuero ?
? ? fors
Witness my hand and official seal.
V ! v ' giv`?z. ?- ??i; cam/
Signature of Notary
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Individual(s)
Corporate
Q Officers
Title(s)
Q Partner(s)
? General Partner of a Limited
0 Partnership
Q Attorney-in-Fact
Q Trustee (s)
Q Subscribing Witness
Q Guardian/Conservator
? Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
GRANT DEED, BARNEY SVARDLOFF. TRUSTEE. NATHAN OGINTS TRUSTEE AND STEVEN IKER
TRUSTEE FOR '17'15 N. BRISTOL STREET. SANTA ANA, CA
TITLE OR TYPE OF DOCUMENT: GRANT DEED
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
GOVERNMENT CODE 27361.7
I certify under penalty that the Notary Seal on the document to which this statement is
attached reads as follows:
NAME OF NOTARY: !?'? ??/A 2 • 1f7?/ /Z/J2
DATE COMMISSION EXPIRES: ?J Z 7, Zp / 2-
-COUNTY WHERE BOND IS FILED: G
COMMISSION NUMBER: / 7,-' -9 7 7,3? VENDOR NUMBER : I'V11,111r4-1-
I certify under penalty of perjury and the laws of the State of California that the illegible
portion of this document to which this statement is attached reads as follows:
On before me, 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 they executed
the same in their authorized capacity(ies), and that by their signature(s) 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 and the laws of the State of California that the
foregoing paragraph is true and correct.
PLACE OF EXECUTION: BREA
SIGNATURE: ?_^. DATE: S? / / 2011.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
?,?` - - .?"_ - .? -,?R?ae?o4,?0????- ?r ??.n?-nr-?,c?l•-- - ,? - -., tom- -
State of California
JJnn
County of Lo
On _2' 9-01( before me,
Date N personally appeared ()`-4 Ql-_??_ 13,
2
Name(s) of
-z-, L5cv, //% C ti(,
who proved to me on the basis of s isfactory evidence to
be the person(s) whose names T,%1 su scribed to the
-AM
{
? ? ? d r`?grva
y44 r. _ CAP 11 a
_01 2
Place Notary Seal Above
win instrument and acknowledged to me that
xecuted the same i is authorized
that by??sr pefl ;ignaturp{s}-_the
instrument the person?* -or the entity upon behalf of
which the person(?s meted, 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 m d and offi ' eal.
Sig e?
Signa ure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
n?
Ti
l t
t
e or Type of Document:
Document Date: Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 0-11- VC
- f Individual
Signer's Name:
? Individual
? Corporate Officer -Title(s): ? Corporate Officer - Title(s):
? Partner -E] Limited ? General _
. ? Partner - 11 Limited El General
El Attorney in Fact • • _
El Attorney in Fact
? Trustee Top of thumb here El Trustee Top of thumb here
? Guardian or Conservator ? Guardian or Conservator
? Other: ? Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402- www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876- 827