HomeMy WebLinkAboutRANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT (15) - 2012'Sk
lzrl
PURCHASE AND SALE AGREEMENT
Propertb. address: Corner of Washington Avenue and College
Avenue, Santa Ana, Calitornla
A-2012-073
THIS PURCHASE AND SALE AGREEMENT (the "Agreement") dated, for
identification purposes only, as of April 25 .201. is made and entered into by and
between the CITY OF SANTA ANA, a charter city and municipal corporation
("Seller"), and RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT. a
political subdivision of the State of Cali forma ("Buyer"). with ref nice to the following.
In consideration of the mutual covenants set forth herein. Buyer and Seller agree
as follows:
RECTIrA S
A. Sella owns that certain lot of land consisting of approximately 140 square
feet at the corner of Washington Avenue and College Avenue, Santa Ana, California and
more specifically described in Exhibit "A" and shown in Exhibit "B" attached hereto (the
" y");
B. The Property, as shown in Exhibit "B" is adjacent to the forma College
Avecwe, which the City Council of the City of Santa Ana has vacated and title to which
has reverted to Buyer.
C. However. title to the Property according to at least one title report is stilt
in the hands of Seller. despite said vacation.
D. To resolve this situation, Buyer and Seller have agreed to this Purchase
and Sale Agreement so that Seller may quit claim any title it may have in the Property to
Buyer.
1. +Aareemeut to Sell and to Purchase. Subject to the terms and conditions
of this Agreement. Seller agrees to sell and Buyer agrees to purchase the Property.
2. Purchase Pries. The "Purchase Price" for the Property is One Dollar
(S 1.00) receipt of which by Seller is hereby aclmowledged.
3. Oult Claim Deed. The transfer of the Property shall be by quit claim
deed conveyance from Seller to Buyer showing title rested in Buyer.
4. Transfer Costs. Buyer shall pay all recording fees and all fees and costs
for any new financing. Buyer shall pay the premium for the title insurance policy, should
it seek title insurance.
5. Cosditioe of Property. Buyer acknowledges that Buyer is purchasing
the Property with full knowledge of its condition and that no representation or
%%rarranties of any kind whatsoever, expr+eas or implied. have been made by Seller or by
Seder's agentL Buyer fiarthcr agues to purchase the Property in "AS IS" condition with
all faults.
6. AS-Is S
BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR
THE EXPRESS REPRESENTATIONS, WARRANTIES AND
COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT,
SELLER HAS NOT MADE, DOES NOT MAKE, AND
SPECIFICA L,Y DISCLAIMS ANY AND ALL
REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS
OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR
FUTURE, OF. AS TO, CONCERNING OR WITH RESPECT TO
THE PROPERTY, INCLUDING, BUT NOT LIMITED TO:
(A) THE NATURE. QUALITY, OR CONDITION OF THE
PROPERTY. (B) THE INCOME TO BE DERIVED FROM TIM
PROPERTY, (C) THE SUITABUM OF THE PROPERTY FOR
ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY
CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE
PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES,
ORDINANCES OR REGULATIONS OF ANY APPLICABLE
GOVERNMENTAL AUTHORITY OR BODY. INCLUDING, BUT
NOT LIMITED TO, ANY STATE OR FEDERAL,
ENVIRONMENTAL LAW, RULE OR REGULATION; (E) TIM
HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE
PROPERTY FOR A PARTICULAR PURPOSE; OR (F) ANY
OTHER MATTER WITH RESPECT TO THE PROPERTY.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY. SELLER IS CONVEYING THE PROPERTY TO
BUYER "AS IS, WHERE IS", AND WITH ALL FAULTS AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY
WARRANTIES, REPRESENTATIONS, OR GUARANTEES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR
-2-
TYPE WHATSOEVER FROM OR ON BEHALF OF THE
SELLER, EXCEPT FOR THE REPRESENTATIONS,
WARRANTIES AND COVENANTS OF SELLER SET FORTH IN
THIS AGREEMENT.
7. Brokers. Buyer represents and warrants to Seller and Seller represents
and %mrratts to Buyer that it has not engaged or employed a broker to whom a
commission or (inde's fee is payable in connection with this transaction. Bu)w and
Seller each ("Indemnitot") agree to indemnify and hold the other harmless from and
against all liability, claims, demands, damages, or costs of any kind arising from or
connected with any broker's or finder's fees or commission or charge claimed to be due
any person arising from Indemnitoes conduct with respect to this transaction.
S. AmMmal. Buyer and Seller agree that this Agreement shall be binding
upon their respective heirs, executors. administrators, successors or assigns but is
assignable by Buyer only by written cor>satt of the City Manager, which consect the City
Manager may withhold in his sole and absolute discretion.
9. fig. All notices, demands and requests which may be given by either
patty to the other shall be in writing and shall be deemed to be giver upon personal
delivery or forty-eight (48) hours after deposit in the United States mail, cetified, return
receipt requested, postage prepaid. addressed to the party to be notified at their respective
headquarters. Either party may designate by written notice to the other party in the
manner set forth in this Agmemsnrt another address for notice.
10. Nikeemmeou Provisions.
10.1 Wainer. The waiver of any provision of this Agreement shall be
invalid unless evidenced by a writing signed by the party to be charged therewith. The
waiver of, or failure to enforce, any provision of this Agreement shall not be a waiver of
any ftuther breach of such provision or of any other provision hereof. The waiver by
either or both parties of the time for performing an act shall not be a waiver of the time
for performing any other act or acts required hereunder.
102 blodUleadons. No change or addition to this Agreement or any
part hereof shall be valid unless in writing and signed by each of the parties.
10.3 Governing Law. This Agreement shall be governed by California
law.
10.4 Headlan The headings in this Agreement are for convenience
only and shall not be used to interpret this Agreement.
-3-
10.5 Further-rm Each party agrees to take such further action and to
execute and deliver such further documents
of this Agreement. as may be necessary to carry out the purposes
10.6 No Attorneys' Fees. If either party incurs attorneys' fen to
enforce this Agreement or because of a broach of this Agreement by the other party, prevailing panty shall not be entitled to recover attorneys' fees from the other party. the
10.7 T . Time is of the essence with respect to this Agreement.
IN WITNESS WHEREOF. the patties hereto have executed this Agreement as
of the date first above written.
"Buyer„
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
B r.
4ura Sheedy
Assistant City Attorney
"Seller"
CITY OF SANTA ANA, a charter city and
municipal corporation
By:
Its; Interim City Manager
-4-
EZBISIT MAN
STRTST VACATIOM QUXTCL&M
THAT PORTION OF LOT 5 IN BLOCK B OF TRACT NO. 451, IN THE CITY OF
SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN
BOOK 16, PAGE 41 OF MISCELLANEOUS NAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS:
PARCEL 5 AS DESCRIBED IN THE GRANT DEED TO SAID CITY OF SANTA ANA,
RECORDED APRIL 27, 1979 IN BOOK 13123, PAGE 1068, OF OFFICIAL RECORDS,
IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO BEING A PORTION OF PARCEL 1 DESCRIBED IN RESOLUTION 2006-0081 OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF COLLEGE
AVENUE RECORDED MAY 8, 2008 AS INSTRUMENT NO. 2008000219381 OF
OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
CONTAINING 136 SQUARE FEET. MORE OR LESS.
ALSO AS SHOWN ON MUDIT `B• ATTACHED HERETO AND HERESY MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITICKS. RESTRICTIONS,
EASEIIDM AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY: STANTEC CONSULTING*INC.
UNDER THE DIRECTION OF:
JAMES 0. STEINES, P.L.S.6086.
REVISED MARCH 29, 2011
SEPTEMBER 10, 2010
J.N. 2042 415330
?rwuxzs?tatss.oo?.?.-?p?c:c.tscus,?racer WlTCu:X.aoe 1 OF 1
EXHBIT "B" SHM 1 of
PORTION OF LOT S OP TR. NQ 45% M.M. jr, / 41.
N The MY Or SANTA ANA. GCLINTY OF ORANGE, STATE Of GALrORNIA
STREET VACATION CWCLA14
I
?• 1 30.
G 1O•
a ?
SCALD V - 30'
TR• NO' 451
3 4 t7 it
?~ S
?V ??16/41
IT
a p• ?, , OJt 13123E i =6
GA WASMGTON AVE K - s _ -
'??Cr1Ll ? C
JAMES O. STEWS, P.L.S. W"
14
1 PJ010 All
LEGEND
QWCLAM Mu
When recorded, please mail this
Instrument to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
A-100- 0`73
Free recording requested by
The City of Santa Ana per
Government Code Section 6103.
Scowl
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Cancel Approved AS TO Approved By Description Description A.P. Number R/W Map Number Project
Taxes Form BY Atty. Director Written BY Checked-O.K. Number
J.O.S. A.C. 004-070-53 NW 326
QUITCLAIM DEED Deed No. 8413
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California
Does Hereby Remise, Release, and Forever Quitclaim to:
Rancho Santiago Community College District, a political subdivision of the State of California
ALL RIGHTS, TITLE AND INTEREST in and to the real property in the City of Santa Ana, County of Orange,
State of California, described as set forth in Exhibit A, attached hereto and incorporated herein, and as shown on
Exhibit B, attached hereto and incorporated herein.
This conveyance is made subject to and governed by reservations and exceptions recited in the Resolution of
Vacation, Resolution No. 2006-081.
Dated:
}
STATE OF CALIFORNIA )SS.
COUNTY OF }
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 he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or entity upon which the person(s) acted,
executed the instrument.
For: The City of Santa Ana
(- . ? (Al?7
By: Paul Walters
Interim City Manager, City of Santa Ana
By: Maria D. Huizar
Clerk of the Council
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.
06
Q
tv
rn
a?
0
U
0
N >
c Q
o
U O
? rn
cu
tv ?
Z N
3:
Signature
(This area for official notarial seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange SS.
On April 17, 2012 before me Claudia M. FernandezShaw, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Paul M. Walters
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
/ subscribed to the within instrument
and acknowledged to me that hs/sbe/they
executed the same in 4=her/their
authorized capacity(i4) and that by
herftheir'signatur W on the instrument the
person,, or the entity upon behalf of which
CLAUDIA M. FERNANDEZ SHAW the person(s) acted, executed the instrument.
Commission # 1875128
a =?? Notary Public -California z
Z I certify under PENALTY OF PERJURY under
Z Orange County j
My Comm. Expires Jan 25, 2014 the laws of the State of California that the
" foregoing is true and correct.
ESS my 1iand and official seal.
Place Notary Seal Above
Signature of Notary
L
Though the information below is not requiregby w, it may prove valuable to persons relying the document
and could prevent fraudulent rem l and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer - Title(s):
? Partner -- ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other: City Manager
here
I Signer is Representing
City of Santa Ana
EXHIBIT "A"
STREET VACATION QUITCLAIM
THAT PORTION OF LOT 5 IN BLOCK B OF TRACT NO. 451, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN
BOOK 16, PAGE 41 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 5 AS DESCRIBED IN THE GRANT DEED TO SAID CITY OF SANTA ANA,
RECORDED APRIL 27, 1979 IN BOOK 13123, PAGE 1068, OF OFFICIAL RECORDS,
IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO BEING A PORTION OF PARCEL 1 DESCRIBED IN RESOLUTION 2006-0081 OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF COLLEGE
AVENUE RECORDED MAY 8, 2008 AS INSTRUMENT NO. 2008000219381 OF
OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
CONTAINING 138 SQUARE FEET, MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY: STANTEC CONSULTING INC.
AL LA UNDER THE DIRECTION OF:
?O O
o g O. ST??Zl,9??
a No. 6088 O
* JAMES 0. STEINES, P.L.S.6086
y REVISED MARCH 29, 2011
PF CA; SEPTEMBER 10, 2010
J.N. 2042 415330
V:\PROJECTS\14153.00\surmap\DOC\LEGALS\STREET QUITCLAIM.doc 1 OF 1
EXHIBIT 9913" SHEET 1 OF 1
PORTION OF LOT 5 OF TR. NO. 451, M.M. 1G / 41,
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA
STREET VACATION QUITCLAIM
30' 30'
G 0'
o
O
o Z co
TR N? 451 > I op
0
O 0w00
~ ?
3 4 ? kJ ?? ? ?
? -? a-oo
ac O I r 1
O[ o WOQ
a ?o
N ?
Q \ ? O Q
V
a
30' 30'
G 0'
I?
I
SCALE: 1" = 30'
5
N i
M.M. 1C0 41
PARCEL 5
O.R. 13123 / 1068
'-25.34'-„
O
r
-? CA
WA ShtINGTON AVENUE
N ?
N
LEGEND
QU
ITCLAIM AREA
// Zl
/ JAMES 0. STEINE5, P.L.5. GOBG
V \projects\14153.00\SURMAP\DWG\SYME0019.dwg 312912011 7:30:20 AM PDT
STANTEC CONSULTING INC.
19 TECHNOLOGY DRIVE
IRVINE, CA 92618
StanteC 949.923.6000 s.com
J.N. 2042 415330 DATE: 3/29/11
. . .,
When recorded, please mail this
Instrument to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
A-2-0 ti - 0 13
Free recording requested by
The City of Santa Ana per
Government Code Section 6103.
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
II IIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
*$ R 0 0 0 4 7 5 4 5 0 6$*
2012000235241 9:10 am 04/25112
105 416 Q01 4
0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00
SPACE ABOVE THIS LINKS FOR RECORDER'S USE
Cancel Approved AS TO Approved By Description Description A.P. Number R/W Map Number Project
Taxes Form BY Atty. Director Written BY Checked-O.K. Number
J.O.S. A.C. 004-070-53 NW 326
QUITCLAIM DEED Deed No. 8413
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California
Does Hereby Remise, Release, and Forever Quitclaim to:
Rancho Santiago Community College District, a political subdivision of the State of California
ALL RIGHTS, TITLE AND INTEREST in and to the real property in the City of Santa Ana, County of Orange,
State of California, described as set forth in Exhibit A, attached hereto and incorporated herein, and as shown on
Exhibit B, attached hereto and incorporated herein.
This co-iveya ic;c is i-,iacle c.ubjr--ci io al o gove-i ed by reservations and exceptions recited in the Resolution of
Vacation, Resolution No. 2006.081.
Dated:
STATE OF CALIFORNIA
COUNTY OF
On
For: The City of Santa Ana
C ?•
} By: Paul Walters
}ss. Interim City Manager, City of Santa Ana
}
before me,
personally appearea __
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or entity upon which the person(s) acted,
executed the instrument.
By: Maria D. Huizar
Clerk of the Council
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.
06
Q
(V
m
a)
0
U
0
cQ
o
0
m
t
t Cl)
ca
Z
lj
_: ,
t,.
Y_'?'Pr
Signature (This area for official notarial seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
ISS.
On April 17, 2012 before me Claudia M. FernandezShaw, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Paul M. Walters _
Name(s) of Signer(s)
CLAUDIA M. FERNANDEZ SHAW
Commission # 1875128
d Notary Public - California D
Z
Orange County
My Comm. Expires Jan 25, 2014
- - - - - - - - - - - -
who proved to me on the basis of satisfactory
evidence to be the person() whose name(g)
sow subscribed to the within instrument
and acknowledged to me that bgi
executed the same in kWhentheir
authorized capacity(i?), and that by
is QtetfttteiF'signatur o on the instrument the
personm, or the entity upon behalf of which
the person(a) 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.
ESS my viand anal official seal.
Place Notary Seal Above
Though the information below is not require by f tiv, it may prove valuable to persons relying the document
and could prevent fraudulent rem l and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer - Title(s):
? Partner -- ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other: City Manager
Signer is Representing
City of Santa Ana
EXHIBIT "A"
STREET VACATION QUITCLAIM
THAT PORTION OF LOT 5 IN BLOCK B OF TRACT NO. 451, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN
BOOK 16, PAGE 41 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 5 AS DESCRIBED IN THE GRANT DEED TO SAID CITY OF SANTA ANA,
RECORDED APRIL 27, 1979 IN BOOK 13123, PAGE 1068, OF OFFICIAL RECORDS,
IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO BEING A PORTION OF PARCEL 1 DESCRIBED IN RESOLUTION 2006-0081 OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF COLLEGE
AVENUE RECORDED MAY 8, 2008 AS INSTRUMENT NO. 2008000219381 OF
OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
CONTAINING 138 SQUARE FEET, MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY: STANTEC CONSULTING INC.
\ONALLAND UNDER THE DIRECTION OF:
0.8
a
No. * 6M JAMES 0. STEINES, P.L.S.6086
REVISED MARCH 29, 2011
OF CAL?FO? SEPTEMBER 10, 2010
J.N. 2042 415330
V:\PROSECTS\14153.00\surmap\DOC\LEGALS\STREET QUITCLAIM.doc 1 OF 1
EXHIBIT OIB99 SHEET 1 OF 1
PORTION OF LOT/?5 OFTR. NO. 14..5)1, M.M. 1G / 41,
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA
STREET VACATION QUITCLAIM
NGI
Of
N
SCALE: 1 30
00 '1 451 Z J
o °?o
oc
3 4 0 J 00 C) 00
5
w J 0?
OL O I J OC
v o ° M.M. 16 41
w _j ?oQ
Z
? V
Q
v
30' 30' ;t PARCEL 5
6 O' N % O.R. 13123 / lOG8
25.34'
O
c7 O
v
-?C/L WA5HINGTON AVENUE `9
N In
N
LEGEND
QUITCLAIM AREA
V.•\projects\1415
6 -- -
JAMES 0. STONES. P.L.5. G08G
9.dwg 312912011 7:30:20 AM PDT