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Home My WebLink AboutHANNAH INDUSTRIES, INC. 1A-2011N-2009-103-001 JUL 18 2011 ???- ??f' ? Amendment #1 to the ?'?"?' ° Purchase and Sale Agreement of Real Property and Bilateral Escrow Instructions THIS FIRST AMENDMENT ("First Amendment") is made and entered into as of ?lr.??w /S. 2011, by and between the CITY OF SANTA ANA (hereinafter called ' uy '), and ANNAH INDUSTIRES, INC. (hereinafter called "Seller") and is intended to modify the terms of that Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions (herein called "Agreement") dated August 11, 2009 and executed by Buyer and Seller (collectively called "Parties"). WHEREAS, the City of Santa Ana acquired a 122 square foot permanent easement and 72 square foot temporary construction easement (Easements), recorded September 10, 2009; and WHEREAS, the City of Santa Ana paid Four Thousand Eight Hundred Ninety Dollars ($4,890.00) for Easements on September 16, 2009; and WHEREAS, the City of Santa Ana required an additional 63 square foot permanent easement to accommodate the installation of the railroad safety improvements along Chestnut Avenue as legally described and depicted on Exhibit A and B attached hereto; and WHEREAS, the City is willing to adjust the compensation paid for said Easement. Now, therefore, the Parties agree as follows: Seller agrees to sign new Easement; and 2. The City will pay Seller One Thousand Six Hundred Fifty Dollars ($1 ,650.00) for Easement; and This Amendment shall amend, modify and supersede, to the extent of any inconsistencies, the provisions of the Agreement, as amended. Except as expressly affected by this Amendment, the Agreement shall remain in full force and effect. Any reference to the Agreement shall be deemed to reference the Agreement as amended by this Amendment. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set forth above. All signed copies of this Amendment shall be deemed originals. MAILING ADDRESS OF SELLER c/o South Coast Water 401 S. Santa Fe Street Santa Ana, CA 92705/-41 39 Date: ? i ?. ? / SELLER Hannah Industries Inc., a California corporation By: Roy E. all MAILING ADDRESS OF BUYER City of Santa Ana 20 Civic Center Plaza, M-36 P.O. Box 1988 Santa Ana. CA 92701 Date: ??(.?- L/ BUYER City of Santa Ana By: David N. Ream, City Manager ATTEST: BY: OY IG?1nGt L?•???-?c?/ Maria D. Huizar Clerk of the Council Dated: ??/'???a<i APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney BY: Dated: ? ??l/ e Sandoval anaging Senior Assistant City Attorney C'uns[ Surveying, Inc. March 23. 201 1 EXHIBIT "A" LEGAL DESCRIPTION C H E-PC L-3 THAT PORTION OF LOT 1 OF TRACT NO. 5739, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 207, PAGES 39 AND 40 OF MISCELLANEOUS MAP, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH B9°'13'47" WEST 30.49 FEET; THENCE SOUTH 45°45'25" EAST 5.05 FEET; THENCE NORTH 89°'13'47" EAST '10.89 FEET; THENCE SOUTH 45°.16'00° EAST 7.78 FEET; THENCE NORTH 89°'13'47' EAST 8.'13 FEET; THENCE NORTH 76°59"14` EAST 4.86 FEET TO THE NORTHEASTERLY LINE OF SAID LOT ?, ALSO BEING THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, SAID POINT BEING ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF '1935.08 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 72°46'34' WEST; THENCE NORTHWESTERLY 8.38 FEET ALONG SAID CURVE AND SAID NORTHEASTERLY LOT LINE THROUGH A CENTRAL ANGLE OF 00°14'53" TO THE POINT OF BEGINNING. CONTAINING '185 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 MARCH, 20'11. GWEN-VERA DEL CASTILLO, PLS 5'108 ?0 LAND SG ?cam DEL ?4 U ?? ?? O -e' a ? L.S. 5108 ?' 'TF OF CAS-?E?= JN 107069-Oa Santa .\nn CH6-PC'1, 3 rev CHESTNUT AVENUE I \ W lV N73'01'27"E v (RAD) Ilw 7 P.O.B. z ¢ 1 I¢ c rl 6 I 5 4 N 7246'34"E 3 (RAD) LOT I TRACT NO. 5739 M.&A. 207 / 39-40 v 25 25 s \T BEARING DISTANCE 2 S76' S9' 1 4" W 4. 86 3 S89' 13 ' 47'W 8. 1 3' \ 4 N45' 48' W 7.76 ' \ 5 S89.13 47 ' 47 W 10.89 6 N45' 45 25"W 5.05' 7 N89' 13 ' 47"E 30. 49' DELTA RADIUS LENGTH 1 00'14 , 53' 1 935. 08' 8. 38' Oe :1 ATE: 3 23 11 EXE ?l T SCALE: 1 =20 SURVEYING, INC. "' 111TE HEET 1 OF 1 RIGHT OF WAY ,sos, PARKWAY LOOP. TUSTIN, C? l276D-1517 (714 a) ) 91:-.2.. When recorded, please mail this instrument and tax sfatemeots to: Clerk a[ fh¢ Council Ci[y of Santa Ana 20 Civic Center Plana, M•30 Santa Ana, California 92101 covaaNMeNrCODE sncnoN6107Tom Daly, Clerk•Recarder Free recording regnesfed by TfO;GPYOPSANTA ANA PER Recorded in Official Records, Orange County IIIIIIII?I?IIIIInIIIIIIII?IIIIIIIIRIIIIIIIIII?uIIIIIIIIIIIIIIIIRNO FEE 20110003541572:04 pm 01121111 7414G02 S o.oo g.ao o,oo g,oo t 2.00 o.oD o 00 o.ao SPAC6Pa0VETHISrMEPoR RECrtm18R'SUSE GlCEI. AYPPOVEUAiID ISPROVP?BY DB1L'NPfIpN YF9WV110N p?, PWMIAP PANFLT tAXfS PoWd AYAttY. oIRCCIGP WPRfENPY CI@IXF?AK No oil 302-06 x Poaim ofNl S. Sala Fti SOUI,Sub AnP,CA 911Gf pgp?,@5p 4 GRANTDEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, rv?2oa9•(a}-ool Hannah Industries, Ina, a Callfomia corporallon the Constitution and laws of the Stats of California, easement for publio right-0f?way purposes in, on, nue? under, and through the real propedy'm de Clry of Santa Ana, County of Orange, Slate of Callfomia, located at 401 S, Santa Fa SGeet tlesaibetl asfcllows: SEE EXHIBIT "A"ATTACHED HERETO AND BY THIS REFERENC?ADE A PART HEREOF, Inc, a Dated, ?J?I gy SfateofCalifomia ?? /' ? County/of. l? ,/ On ?'3?? before m ?? ??""`?II a Nokry Public, personally appeared ? who proved to me on de basis of safisfacforyeviden :(obetl?eperson?whoseoame?s?islg(esubacdbedtothewithininstmmenfand acknowledged to me that helsq?gP,y executed the same in hislhErJ?Eir authorised rapacity?lg6?, and Iha( by hlslh,?9u signalure?yJon tl?e'mstrumenf fha pemon?l, or the enllry upon hehag of which de person(y) acted, executed the Ins6ument I cehify under PENALTY OF PERJURY uotlerfhe laws of the State of Callfomia Thal the foregoing paragraph Is true and carted. WITNESS my hand and official seal, Do HarebyGranlto THE CITY OF SANTA ANA, achaderoityantlmunicipalcorporah'ondulyorganiaeduntler Sigaelwe MAIL TAX STATEMENTS AS DIRECTED ABOVE N•2009.10J-001 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the deed dated lone 3, 201 I, from Hannah Industries, Inc., a California Coryoralion LO 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 Se?ion No, 33-55 of the Santa Ana Municipal Code adopted by the Ciry Council on lone 1,1998, incompliance with California Government Code Section 21281 and the Santee consents to recordation thereofby its duly authorized officer. Ror the City of Santa Ana: Dated City Manager R,IQxig?l PmjxlsNGiueWrl¢rc?l lmpmr¢mmislBnsla4S¢v¢nlcenlh lolers¢Gioo (YY?NNNNI????s?ROW!Chn o[Il¢dI A¢ugtao?.fat Nodi Monvejidaw CALIFORNIA ALVURPOSE ACKNOWLEDGEMENT State of California County of Orange 1SS City of Santa Ana J On this 16m day of Jam, 2011, before me, Maria R. Huizar , Notary Public, personally appeared Pal M. Walters who proved to me on the basis of satisfactory evidence to be the ers Ipemns whose n991namesdare-subscribed to the within instrument and acknowledged to me that 1l executed the same in Ii authorized a a Icapacitfes and that by 0Ih0their steels %ures on the instrument the r o IpeFSOns, or the entity upon behalf of which the r o persons 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 Witness my hand and official seal. wil MORN 1111111111 Signature of Notary 00M CM* uaar,m CAPACITYCLAIMEDBYSIGNER: SIGNERISREPRESENTING: (] lotliuidualls) _ (] Corporate _ ? Ogicers Tillels) ? Padoerlsl (] GeoeralParloerofaCimitetl (] Padaership ? Atlomey-in-Fact (] Tmslee(s) (] SubscribiogWitoess (] GuardiaolCooseNator Q Othec THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLEORTYPEOFDOCUMENT: GRANTDEEDWITHHANNAHINDUSTRIES.INC. NUMBEROFPAGES: DATEOFDOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE, f'tw5lSwJeyin?, loo, Mw?h71,1011 EXHIBIT 'A° CHE?PCL-3 THAT PORTION Of lOT 10F TRACT NQ. 5739, IN THE CITY Of SANTA ANA, CODNTY OF ORANGE STATE OF CRLIFCRNIA, AS PER MAP RECORDED IN SOOK257, PAG€5 39 AND 4C OF MISCEL[RNEOIIS COUNTY DESCRIBED AS MAP, FOLLO INWS' THE OFFICE OF THE COUNTY RECORDER Of SAID , LEGAL DESCRIPTION NORTH 9°13'47" WEST 3D.49 FEET; THENCE SOUTH 45°46'f6" EAST B9°13,'47" EAST 40 ,89FEET; THENCE SOUTH 46°98'40' EAST 89°13'4T EAST 8,13 FEET; THENCE NORTH 1S°59'14" EAST HEASIERLY LfNE OF SAID LOT 11 ALSO BEING TH€ NE RIGHT OF WAYOF THE ATCHISON, TOPEKRRND SANTA 4ID POINT SEINE ON A NONTRNGENT CNRVE CONCAtiE 1 RAU911S OP 1936,58 FEET, A RADfAI SEARkNO TO SAID 34" WEST; THENCE NORTNWESIERLY 8,38 FEET ALONG tTNEASTERLY LOT LINE THRODGN A CENTRAL ANGLE OF CONTAINING 195 SQUARE FEET, MORE OR LESS. ALl AS MORE PAR11CUlARLY SHOWN DN EXHIBIT °B" Al TACHED HERETO' AND MADE A PARTNERE(IF, EAST CORNER OF SAID LOT 1; THENCE ALONG THE DATED THIS 21I3'' DAY OIf MARCH, 2511. GWENVERq DEL CASTILLO PLG 5108 M CANp S 254'?,p' SEl GAG d 5; i,s siaa F oF, cw???o !N 1070d9ULSyiL,1??CNGM1,-1 rcr I U CHESTNUT AVENUE I W N F s N73'01'27 "E m (RAD) I? V P.0.6. a z - - - Q N S 4 N72'46'34"EI 3 0 (RAD) d?? 9 5 I? I? A BERING 61STgNCE I 2 S76'S9'14'W 4.86' 3 S99°13'47°W 0.13' 1 4 N4S°48'60'W 7.78`. S S69°I3'41'W 10.89' 6 NAS"45`25°W S. OS' 1 N89'10'4TE 3049' gELiA RADIUS LENGTH 100'14'53' 4935.69` 8.38' AiE. 3 23 71 SCaIEI 1 =20" RfGNT 0f WAY ??? ?? SURVEpNG, ING. HDE110F 1 Isms P6q?lrlaa6 am136 iN371N G 11780-6537 (iH) 916-6366.