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HomeMy WebLinkAboutLAGUNA, ALFRED DBA CONTINENTAL BARBER (TENANT) - 2012A-2012-202 SELL AND SALVAGE Project: Grand Avenue Widening Project APN: 398-453-05 & 06 Tenant -Seller: Alfred Laguna dba Continental Barber jpu AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY el nn THI AGREEMENT ("Agreement") is entered into as of this °I day of el P3 , 2012, by and between THE CITY OF SANTA ANA, a charter city and r municipa corporation duly organized under the Constitution and laws of the State of California ("Buyer"), and ALFRED LAGUNA DBA CONTINENTAL BARBER ("Tenant -Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: U 1. AGREEMENT. Tenant -Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant -Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Conveyed Improvements") located in, on, or affixed in any manner to the premises known and numbered as 208 N. Grand Avenue Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant - Seller in and to the Premises and the Property ("Tenancy Interest"). The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. Tenant -Seller may retain, salvage and remove from the Premises those improvements described in Exhibit C attached hereto ("Retained Improvements"). The Conveyed Improvements and the Retained Improvements are collectively referred to as the "Improvements." 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of. SIXTEEN THOUSAND SEVEN HUNDRED AND THIRTY and no/100 dollars ($16,730.00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $16,735.00 Value of the Retained Improvements as shown on Exhibit C $20.00 Less the Salvage Value thereof $25.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $16,730.00 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant -Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D in favor of Buyer 17336.02100\7050998.2 A-1 A-2012-202 SELL AND SALVAGE Project: Grand Avenue Widening Project APN: 398-453-05 & 06 Tenant -Seller: Alfred Laguna dba Continental Barber AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY AwYGREEMENT ("Agreement") is entered into as of this q01 day of 2012, by and between THE CITY OF SANTA ANA, a charter city and municipa corporation duly organized under the Constitution and laws of the State of California ("Buyer"), and ALFRED LAGUNA DBA CONTINENTAL BARBER ("Tenant -Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant -Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant -Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Conveyed Improvements") located in, on, or affixed in any manner to the premises known and numbered as 208 N. Grand Avenue Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant - Seller in and to the Premises and the Property ("Tenancy Interest"). The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. Tenant -Seller may retain, salvage and remove from the Premises those improvements described in Exhibit C attached hereto ("Retained Improvements"). The Conveyed Improvements and the Retained Improvements are collectively referred to as the "Improvements." 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of. SIXTEEN THOUSAND SEVEN HUNDRED AND THIRTY and no/100 dollars ($16,730.00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $16,735.00 Value of the Retained Improvements as shown on Exhibit C $20.00 Less the Salvage Value thereof $25.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $16,730.00 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant -Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D in favor of Buyer 17336.02100\7050998.2 A-1 ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. 4. Tenant Seller to vacate the property by December 31, 2012 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant -Seller to Buyer all of Tenant -Seller's interest in and to the Conveyed Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant -Seller's vacation of the Premises and proof of clear title to all the Conveyed Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements, that no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that Tenant -Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant -Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Conveyed Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Conveyed Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant -Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant -Seller do not exceed the net amount to be paid to Tenant -Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant -Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant -Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant -Seller is entitled to payment under this transaction for the Conveyed Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 17336.02100\7050998.2 A-2 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements, Tenant -Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant -Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action. 12. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant -Seller, subject to the following adjustments: A. Pay and charge Tenant -Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Conveyed Improvements and the Tenancy Interest. B. Pay and charge Tenant -Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant -Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acknowledges that the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from the Premises, specifically including, but not limited to the value of the Conveyed Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claims that Tenant -Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Conveyed Improvements and the Tenancy Interest (but excluding relocation benefits to which Tenant -Seller may be entitled and the loss of business goodwill, if any). Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees"), hereby release the other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 17336.02 1 00\7050998.2 A-3 Tenant -Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code § 1542, or under any statute or common law or equitable principle of similar effect. Tenant -Seller: /1 L 15. CONTINGENCY. This transaction is subject to and contingent upon (a) receipt by Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy Interest and the Conveyed Improvements; (b) title to the Conveyed Improvements being free and clear; and (c) approval and acceptance by Buyer. 16. REMOVAL OF RETAINED IMPROVEMENTS. Buyer and Tenant -Seller further agree that the Retained Improvements described in Exhibit C shall be removed from the Premises at no expense to Buyer on or before the date Tenant -Seller vacates the Premises. Such removal shall be accomplished without damage or waste to the Premises and shall not render the Premises unsafe. Any Retained Improvements remaining in or on the Premises following the vacation date shall be deemed abandoned and Buyer may dispose of same in any manner without any further obligation whatsoever to Tenant -Seller. 17. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Conveyed Improvements and the Tenancy Interest. 18. AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Seller and Buyer respectively. 19. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 20. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 21. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant -Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Conveyed Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant -Seller shall maintain the Conveyed Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its 17336.02100\7050998.2 A_4 obligations under any service contracts or other contracts affecting the Conveyed Improvements and the Premises. C. Until the Closing, Tenant -Seller shall not do anything which would impair Tenant -Seller's title to the Premises, the Conveyed Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in good working order. E. To the best of Tenant -Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant -Seller, the Premises, the Conveyed Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 22. HAZARDOUS WASTE. Neither Tenant -Seller nor, to the best of Tenant -Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has 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 the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant -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 Premises. The term "Hazardous Materials" 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 §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §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 §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 §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (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 seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901). 23. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant -Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations 17336.02100\7050998.2 A-5 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. 24. INDEMNITY. Tenant -Seller agrees to indemnify, defend and hold Buyer 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 Premises, 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 Premises. 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 acts or omissions of Tenant -Seller herein. 25. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 26. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 27. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 28. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. 1733 6.02 1 00\7050998.2 A-6 Mailing Address of Tenant -Seller Tenant -Seller B Date: Lll Mailing Address of Buyer Buyer 20 Civic Center Plaza, M-30 THE CITY OF SANTA ANA, a charter city and Santa Ana, California 92701 municipal corporation duly organized under the Constitution and laws of the State of California Paul Walters City Manager Date: / c, Attest: Maria D. Huizar City Clerk Date: f clf, /Lt / 2 - Approved as to Form: Sonia R. Carvalho City Attorney By: J andoval ClVf Assistant City Attorney Date: �('f• �, Z.� 12- 17336.02100\7050998.2 A-7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 1733 6.02 1 00\7050998.2 A-8 N LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of Callf0mia, described as follows: y LOTS 1, 2, 3, 11 AND 12 IN BLOCK "D" OF SANTq ANA INVESTMENT COMPANY TRACT NO, 1, NUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP RECORDED IN BOOK 11, PAGE 39, OF MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, CALIFORNIA, APN:398-453-OS and 398-453-06 EXHIBIT B IMPROVEMENTS PERTAINING TO THE REALTY 1733 6.02 1 00\7050998.2 B-1 RECORDING REQUESTED BY: THE CITY OF SANTA ANA Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorders f Clerk of theAND WHEN Council MAIL TO: 111IIIIIII IIII I�IIII�IIII IIIII�I III II�II�I�I��IIIIIII�� � IIIIII I NO FEE City of Santa Ana 20 Civic Center Plaza, M-30 2013000629948 2:56 pm 11114/13 Santa Ana, California 92701 48 417 Q01 7 2002 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 -� Ezemp1?from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&rT Code § 11922 pace above this line for Recorders use) QUITCLAIM DEED County Assessor's PPprcel Number: 398-453-05 & 06 ` L1 ?? "00o N loran l FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Continental Barber do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in exhibit "A" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "B", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "A" & "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF WITNESS W ER OF, the grantor hereto has caused this Quitclaim Deed to be executed as of this I day of�, 2012. By: Date: 9 �� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) SS County of Orange On k Q U S 9 before me, L AA id a qwt6e personally appearecfJ tilt0:?-- Z Aou L+o, who proved to me on the basis of sisfactory elvidence to be th person(s)-whose names(seare subscribed to the within instrument and acknowledged to me that(F)she/they executed the sane in( her/thee authorized capacity(ies), and that by(Pher/their signature(4on the instrument the persons} 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 is true and correct. Witness my hand and official seal. tc4lAlelP,lA�`i�E' (SEAL) (Signature) State of California ) SS County of Orange On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names(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 the entity upon behalf of which the person(s) acted, executed the instrument. DANIELA BORBE Comm.# 1878676 N NOTARY RUBLIC•CAEIRORNIA N ORANGE COUNTY MY Comm. EXP. JAN. 31, $CIS j 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. (SEAL) (Signature) 0 LEGAL DESCRIPTION Real property In the Otyof Santa Ana, County of Orange, State of Californls, described as follows; LOTS 1, 2, 3, 11 AND 12 IN HLOCIC "D" OF SANTA ANA INVESTMENT COMPANY TRACT No. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP RECORDED IN BOOK 11, MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, CALIFORNIA. PAGE 39, OF APN; 398-453.05 and 398-453-06 9 A ITEM EXHIBIT B FAIR SALVAGE NO. IMPROVEMENTS PERTAINING TO THE REALITY MARKET VALUE VALUE CONTINENTAL BARBERS LOT, C/O INTERIOR CONSTRUCTION: $3,200 $0 (651) SQ FT INTERIOR WALL, WOOD FRAME, DOUBLE SIDED, DRYWALL, PAINTED (1) DOOR, CUT THROUGH CONCRETE, HOLLOW, RAW FINISH, 31" X 80" (1) UPPER CABINET INSTALLATION, KITCHEN PANTRY MOUNTED SIDEWAYS (40) EST. LINEAR FEET EXPOSED RIGID CONDUIT, 1/2" W/ 3 POWER STRIPS (SALON) (1) DOORWAY TRIM, WOOD, 8" (28) SQ FT WALL FILL, CONCRETE CUTOUT (1) SECURITY SCREEN DOOR, 36" (150) SQ FT WOOD PANELING 2 FLOOR COVERING, C/O: 1,200 (259) SQ FT CARPET, COMMERCIAL, LIGHT DUTY (372) SQ FT TILE, VINYL, 12" X 12" 3 CORNER WALL SHELVES, 36" TRIANGLE 120 4 FIXTURES AND ASSOCIATED ELECTRICAL C/O 400 (1) THROUGH WALL FAN, 20", ABOVE DOOR (2) LIGHT FIXTURES, DECORATIVE BALL 5 WINDOW COVERING, C/O: (1) MINI BLINDS, 36" X 40" (1) MINI BLINDS, 84" X 84" 100 6 SIGNAGE, 6 HAND PAINTED LETTERS, 7" H, 100 0 WITH BORDER 7 INTERIOR CONSTRUCTION, LA ESTRELLITA: 2,705 (1) OFFICE ROOM, 18 LINEAR FEET X 8.5', INTERIOR WALL, DOUBLE SIDE DRYWALL, WOOD FRAME, 85 SQ FT CEILING (1) WINDOW, SINGLE PANE, 33" X 46" (1) SINGLE FLOURESCENT LIGHT FIXTURE (1) HOLLOW CORE DOOR 8 SQ FT FLOOR COVER, CARPET, COMMERCIAL, 680 LIGHT DUTY Page Al ITEM EXHIBIT B FAIR SALVAGE NO. IMPROVEMENTS PERTAINING TO THE REALITY MARKET VALUE VALUE 9 LIGHT FIXTURES, FLOURESCENT, 8', QUAD BULB 540 0 10 LINEAR FT (EST.) RIGID 5" CONDUIT, 4 QUAD 460 0 ELECTRICAL OUTLETS 11 SQ FT FLOOR COVER, VINYL TILE, 12" X 12" 925 0 (SALON) TOTAL IMPROVEMENTS PERTAINING TO THE FOR CONTINENTAL BARBERS $16,735 $0 Page A2 EXHIBIT C RETAINED IMPROVEMENTS PERTAINING TO THE REALTY 17336.02 1 00\7050998.2 C-1 ITEM EXHIBIT C FAIR SALVAGE NO. RETAINED IMPORVEMENTS MARKET VALUE VALUE CONTINENTAL BARBERS LOT, C/O INTERIOR CONSTRUCTION: $0 (651) SQ FT INTERIOR WALL, WOOD FRAME, DOUBLE SIDED, DRYWALL, PAINTED (1) DOOR, CUT THROUGH CONCRETE, HOLLOW, RAW FINISH, 31" X 80" (1) UPPER CABINET INSTALLATION, KITCHEN PANTRY MOUNTED SIDEWAYS (40) EST. LINEAR FEET EXPOSED RIGID CONDUIT, 1/2" W/ 3 POWER STRIPS (SALON) (1) DOORWAY TRIM, WOOD, 8" (28) SQ FT WALL FILL, CONCRETE CUTOUT (1) SECURITY SCREEN DOOR, 36" (150) SQ FT WOOD PANELING 2 LOT, C/O LIGHTING AND ELECTRICAL: (4) FLOURESCENT LIGHT FIXTURES, 8', DOUBLE BULB (BARBER, WASH STATION) (4) FLOURESCENT LIGHT FIXTURES, 4', DOUBLE BULB (BARBER) 3 FLOOR COVERING, C/O: (259) SQ FT CARPET, COMMERCIAL, LIGHT DUTY (372) SQ FT TILE, VINYL, 12" X 12" 4 WATER HEATER, EST. 30 GALLON, GAS, NEW 0 5 CORNER WALL SHELVES, 36" TRIANGLE 6 FIXTURES AND ASSOCIATED ELECTRICAL C/O (1) THROUGH WALL FAN, 20", ABOVE DOOR (2) LIGHT FIXTURES, DECORATIVE BALL 7 LOT C/O WINDOW SECURITY BARS, 1" SQ TUBE, 20 (1) SECURTIY SCREEN DOOR, DECORATIVE STEEL, AND MESH, INSTALLED 8 BARBER AND SALON CABINETRY, WOOD LAMINATE, 3 STATION INCLUDING: (3) CERAMIC SINKS WITH HOT/COLD FAUCET AND HAIR RINSE WANT, ASSOCIATED PLUMBING, 15' X T WALL MIRROR, ASSOCIATED ELECTRICAL (3) QUAD OUTLETS (2) VACUUMS, CABINET, FLUSH MOUNT, OPERABLE 9 SHAMPOO WASH STATION, 18" X 19" CERAMIC WALL SINK, HOT/COLD FAUCET, HAIR RINSE WAND, WITH (4) STD ELECTRICAL OUTLETS, 11 LINEAR FEET WALL SURROUND FACIA, LAMINATE, 4" DEEP, 1 V X 3' WALL MIRROR Page Al ITEM EXHIBIT C FAIR SALVAGE NO. RETAINED IMPORVEMENTS MARKET VALUE VALUE 10 WINDOW COVERING, C/O: 0 (1) MINI BLINDS, 36" X 40" (1) MINI BLINDS, 84" X 84" 11 SIGNAGE, 6 HAND PAINTED LETTERS, 7" H, 0 WITH BORDER 12 INTERIOR CONSTRUCTION, LA ESTRELLITA: 0 (1) OFFICE ROOM, 18 LINEAR FEET X 8.5', INTERIOR WALL, DOUBLE SIDE DRYWALL, WOOD FRAME, 85 SQ FT CEILING (1) WINDOW, SINGLE PANE, 33" X 46" (1) SINGLE FLOURESCENT LIGHT FIXTURE (1) HOLLOW CORE DOOR 13 SQ FT FLOOR COVER, CARPET, COMMERCIAL, 0 LIGHT DUTY 14 LIGHT FIXTURES, FLOURESCENT, 8', QUAD BULB 0 15 LINEAR FT (EST.) RIGID 5" CONDUIT, 4 QUAD 0 ELECTRICAL OUTLETS 16 SQ FT FLOOR COVER, VINYL TILE, 12" X 12" 0 (SALON) 17 WALL FURNACE 0 TOTAL RETAINED IMPROVEMENTS FOR CONTINENTAL BARBERS $20 Page A2 EXHIBIT D QUITCLAIM DEED 1733 6.02100\7050998.2 RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 above thus line for Kecorcier's use QUITCLAIM DEED County Assessor's Parcel Number: 398-453-05 & 06 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Continental Barber do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in exhibit "A" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "B", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "A" & "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this day of , 2012. By: Date: EXHIBIT "1" (to Quitclaim Deed) LEGAL DESCRIPTION 1733 6.02100\7050998.2 r - .._ .._ EXHIBIT "A„ LEGAL DESCRIpTION Real property In the City of Santa Ana, County of Orange, State of Cafffornla, described as follows; LOTS 1, 2, 3, 11 AND 12 IN BLOCK "D" OF SANTA ANA INVESTMENT COMPANY TRACT HUMPHREY'S ADDITION NO. 1, TO SIN- ANA, AS PER MAP RECORDED IN BOOK 11, PAGE 39, OF MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-453-OS and 398-453-06 EXHIBIT "2" (to Quitclaim Deed) DESCRIPTION OF CONVEYED IMPROVEMENTS 1733 6.021 00\7050998.2 ITEM EXHIBIT B FAIR SALVAGE NO. IMPROVEMENTS PERTAINING TO THE REALITY MARKET VALUE VALUE CONTINENTAL BARBERS 1 LOT, C/O INTERIOR CONSTRUCTION: $3,200 $0 (651) SQ FT INTERIOR WALL, WOOD FRAME, DOUBLE SIDED, DRYWALL, PAINTED (1) DOOR, CUT THROUGH CONCRETE, HOLLOW, RAW FINISH, 31" X 80" (1) UPPER CABINET INSTALLATION, KITCHEN PANTRY MOUNTED SIDEWAYS (40) EST. LINEAR FEET EXPOSED RIGID CONDUIT, 1/2" W/ 3 POWER STRIPS (SALON) (1) DOORWAY TRIM, WOOD, 8" (28) SQ FT WALL FILL, CONCRETE CUTOUT (1) SECURITY SCREEN DOOR, 36" (150) SQ FT WOOD PANELING 2 FLOOR COVERING, C/O: 1,200 0 (259) SQ FT CARPET, COMMERCIAL, LIGHT DUTY (372) SQ FT TILE, VINYL, 12" X 12" 3 CORNER WALL SHELVES, 36" TRIANGLE 120 0 4 FIXTURES AND ASSOCIATED ELECTRICAL C/O 400 0 (1) THROUGH WALL FAN, 20", ABOVE DOOR (2) LIGHT FIXTURES, DECORATIVE BALL 5 WINDOW COVERING, C/O: 100 0 (1) MINI BLINDS, 36" X 40" (1) MINI BLINDS, 84" X 84" 6 SIGNAGE, 6 HAND PAINTED LETTERS, 7" H, 100 0 WITH BORDER 7 INTERIOR CONSTRUCTION, LA ESTRELLITA: 2,705 0 (1) OFFICE ROOM, 18 LINEAR FEET X 8.5', INTERIOR WALL, DOUBLE SIDE DRYWALL, WOOD FRAME, 85 SQ FT CEILING (1) WINDOW, SINGLE PANE, 33" X 46" (1) SINGLE FLOURESCENT LIGHT FIXTURE (1) HOLLOW CORE DOOR 8 SQ FT FLOOR COVER, CARPET, COMMERCIAL, 680 0 LIGHT DUTY Page Al I v ITEM EXHIBIT B FAIR SALVAGE NO. IMPROVEMENTS PERTAINING TO THE REALITY MARKET VALUE VALUE 9 LIGHT FIXTURES, FLOURESCENT, 8', QUAD BULB 540 0 10 LINEAR FT (EST.) RIGID 5" CONDUIT, 4 QUAD 460 0 ELECTRICAL OUTLETS 11 SQ FT FLOOR COVER, VINYL TILE, 12" X 12" 925 0 (SALON) TOTAL IMPROVEMENTS PERTAINING TO THE FOR CONTINENTAL BARBERS $16,735 $0 Page A2