HomeMy WebLinkAbout25B - AGMT - SETTLEMENT GRAND AVE WIDENINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
SETTLEMENT AGREEMENT WITH THE
SMOG PLACE FOR GRAND AVENUE
WIDENING (PROJECT NO. 081732
NONGENERALFUND)
CITY MANAGIL
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
r_1=10.141YJAW
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a settlement agreement with
Antonio Rios dba The Smog Place, tenant of the property located at 1222 East Fourth Street (APN
398 - 385 -03), in the amount of $17,665 for all right, title, and interest, in and to certain
improvements, including fixtures and equipment, subject to nonsubstantive changes approved by
the City Manager and City Attorney.
DISCUSSION
Grand Avenue is a north -south transportation facility which is designated as a major arterial
highway and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue
between First and Seventeenth Streets has been a long -term priority project that will be
constructed in several phases. Improvements include widening the roadway from two to three
lanes in each direction; construction of raised landscape medians; new curb, gutter, and sidewalk;
and bike lanes. The Public Works Agency is acquiring property for development of Phase I,
bounded by First and Fourth Streets, and expects to complete the acquisition process by
December 2013. Construction is anticipated to begin by early 2014.
The Uniform Relocation Act obligates the City to relocate tenants of the properties acquired for the
widening of Grand Avenue and sets standards for benefit amounts. As part of the relocation
process, Antonio Rios, the tenant at 1222 East Fourth Street (Exhibit 1), will be paid for all rights,
title, and interest, in and to certain improvements, including fixtures and equipment, due to the
relocation of the business (Exhibit 2). The compensation amount for the property is the appraised
value as prepared by an appraiser licensed by the State of California.
25B -1
Settlement Agreement with The Smog Place for
Grand Avenue Widening Project
December 2, 2013
Page 2 of 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Final Environmental Impact
Report (SCH No. 1998051068) approved by the City Council in 2002. In accordance with the
National Environmental Policy Act, an Environmental Assessment document with a Finding of No
Significant Impact was prepared for the proposed project and approved by the California
Department of Transportation and Federal Highway Administration in 2011.
FISCAL IMPACT
Funds to cover the recommended settlement agreement payouts are appropriated in the Regional
Surface Transportation Program (Account 05917660 - 66220) and Transportation System
Improvement Area Fund (Account 99117950- 66220).
Edwin "William" G Ivez, P.E.
Interim Executive Director
Public Works Agency
EWG /KN
Exhibits: 1. Location Map
2. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez A�
Executive Director
Finance & Management Services Agency
25B -2
4 A
(NTS) j 398 - 383-04
i 398383.08
39B 383 13
i
m i
FOURTH STREET
�III
,e„
m 1
m
W
W ➢
� n ! i i f f n i W i
e m 1
0 w i
➢ f I m l m m!
P
„vs�, -_a -fm
a
1
i i
m� I m m
w
m ➢ e ' m
m p e
�
e
m i w E W I a
� e
m
g ➢ e a e eo !
THIRD STREET
_
1 m 1 1 1
➢ 1° I m i
1
1
W
! 0 I m( o l m IO
1 N
e-
:A ° i ^➢ i
m I
i
i
�
➢ !
m
i P➢ wW
! ! ;'➢miei
!
Q i i iv iv ivl
cr m
SECOND STREET
-. ,® -,
� 9
!'m i "� a m i m i r3 i m➢ m i m I m
a
�j
e e e e
m W
v
W
° A w 0 W
➢
0 e — m 1
-'0
_ ,� - -- ,e
FIRST STREET
�III
m 1
m
m
LEGEND:
Uw SUBJECT PROPERTY
EXHIBIT 1
SANTA ANA lT LE:
SETTLEMENT AGREEMENT FOR
.. P "IA . AGENDA DATE:
GRAND AVENUE WIDENING
L DEQ 2.2m (PROJECT NO; 081732 NON — GENERAL FUND)
25B -3
25B -4
SELL ALL (NO SALVAGE)
Project: Grand Avenue Widening Project
APN: 398- 385 -03
Tenant - Seller: Antonio E. Rios dba
The Smog Place
AGREEMENT FOR ACQUISITION OF TENANT- SELLER'S
INTEREST IN REAL PROPERTY
THIS AGREEMENT ( "Agreement ") is entered into as of this day of
2013, 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
(`Buyer "), and ANTONIO RIOS DBA THE SMOG PLACE ( "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 "Improvements ") located in, on, or affixed in any manner to the
premises lmown and numbered as 1222 E. 0' Street, Unit B, Santa Ana, California ( "Premises ")
which Premises are part of that real property described in Exhibit "l" attached hereto, located in
the City of Santa Ana, Orange County, California ( "Property "), and (b) any tenancy interest of
Tenant - Seller ("Tenancy Interest ") in and to the Premises and the Property. The Improvements
to be conveyed by Tenant - Seller 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 "2 ".
2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement,
shall be the sum of: SEVENTEEN THOUSAND SIX HUNDRED SIXTY FIVE DOLLARS
NO /100 DOLLARS ($17,665.00) ( "Purchase Price "), and shall be paid as follows:
SEVENTEEN THOUSAND SEVENTY -ONE AND 96/100 DOLLARS ($17,071,96) payable to
Antonio E. Rios dba The Smog Place; and
FIVE HUNDRED NINETY - THREE AND 04/100 DOLLARS ($593.04) payable to
Employment Development Dept., P.O. Box 989061, West Sacramento, California 95798 -9061
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 "3" in favor of Buyer
( "Quitclaim Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title
and interest in and to the Tenancy Interest,
4. 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 Improvements,
which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens,
EXHIBIT 2
25B -5
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 said Improvements having been obtained
and received by Buyer in accordance with Paragraphs S mid 9 of this Agreement.
S, RECORDING, Recordation of any documents delivered through this Agreement is
authorized if necessary or proper, upon acceptance by Buyer as described herein.
6, CERTIFICATION OF OWNERSHIP. Tenant - Seller hereby warrants and certifies under
penalty of perjury that Tenant - Seller is the owner of the Improvements and 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 the Tenant - Seller does not know of any
claim of lien, encuunbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the
Property, duly recorded, mid (b) real and personal property taxes.
7. 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 malting necessary inspections.
S. BLuI.I� SALE. In order to establish proof of clear title to the Improvements, Buyer may
publish allotice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain
a title report and /or a reportt from the Secretary of State's Office as to filings of security interests
covering the Improvements.
9. 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 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 Raids shall not .prevent Closing of this
transaction if the total funds to be withheld from Tenant- Sclter 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 Ievy)
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 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,
10, DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an
action to condejun the Tenancy Interest and /or Tenant - Seller's interest in the Improvements,
Tonant-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 tiling of such action, whether or not such claim is specifically identified
herein. Tenant - Seller hereby authorizes Buyer to withdraw and wake payable to Buyer any
funds deposited with the Court in any such eminent domain action.
r
11. 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 fnr 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 Improvements and the Tenancy firterest,
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 Tenaat-Seller.
12. FULL AND COMPLETE SETTLEMENT, Tenant - Seller hereby acimowledges 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 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 - Sellor
may have, whether or not specifically mentioned here, relating directly or indirectly to the
acquisition by Buyer of the Property, the 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.
13, ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tonant- 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"
Tenant- Seller aclmowledges 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 iii Tight 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 wader any statute or common law or equitable principle of
similar effect.
256 -7
Tenant - Seller:
14, jQONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the
duly executed Quitclaim Deed from Tenant - Seller with respect to the Tenancy Interest and the
Improvements. This transaction is further subject to and contingent upon approval and
acceptance by Buyer.
15. AGREEMENT TO EXECUTE. Tonaut- Seller and Buyer agree to execute and file any
additional agreements, consents or other documents reasonably necessary to effect the fall and
complete settlement and purchase of the Improvements and the Tenancy Interest,
16. AUTHORIZATION TO EXECUTE. Tenant - Seller and Buyer represent and warrant that
the persons executing this Agreement are duty authorized to do so and to act on behalf of
Tenant - Seller and Buyer respectively.
17. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of
pending or potential litigation between Tenant- Soller 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.
18, SURVIVAL OF RIGHTS AND QBLIGATIONS. 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,
19, 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 hnprovements,
the Tenancy Interest or any portion thereof, at law or in equity, before any court
or govenmiental agency.
B. Until the Closing, Tenant- Seller shall maintain the Improvements and the
Premises in good condition and state of repair and maintenance, and shall perform
all of its obligations under any service contracts or other contracts affecting the
Improvements and the Promises.
C. Until the Closing, Tenant - Seller shall not do anything which woudd impair
Tenant - Seller's title to the Promises, the Impovements 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 eouflict with, or violate any of
the provisions of any bond, note, evidence of indebtednoss, contract, lease, or
other agreement or instrument to which Tenant- Seller, the Premises, the
Improvements or the Tenancy Interest may be subject.
F
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 19
not to be true as of Closing, immediately give written notice of such fact or
condition to Buyer.
20. HAZARDOUS WASTF. 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 Materials1d) 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 mid Safety
Code, Division 20, Chapter 6.8 (Carpenter- Presley- Tannor 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. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
Conservation and Recovery Act, 42 U.S.C. 56901 et sect, (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)•
21, 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 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 Wafer, Clean Air, Federal Water Pollution Control, Solid
Waste Disposal, Resource Conservation Recovery and Comprehensive Fnvirommental 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 Envlaonrmentgl Protection Agency and all applicable federal, state
and local agencies and bureaus.
22• INDEMNITi , Tenant- Sollor 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
5
25B -9
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 darnage, 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, damage to the natural resource or the enviromnent, 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,
23. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any
provision of this Agreement, the party prevailing in such action sball be entitled, in addition to
such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs,
24. COUNTERPARTS. This Agreement may be executed in counterparts and when so
executed by both parties, each counterpart will constitute an original document.
25, BINDING EFFECT, The terns, conditions, covenants and agreements set forth herein
shall apply to and bind the heirs, executors, achninistrators, assigns and successors of the parties
hereto.
26. 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 BLAND..
SIGNATURE PAGE FOLLOWS.
6
25B -10
Mailing Address of Tenant - Seller Tellant- Seller
702 B. 4 " Street
Santa Ana, CA 92701-4708
By: Antonio B. Rios
Its: ]Business Owner
Buyer
Mailing Address of Buyer
20 Civic Center Plaza, M -30 THE CITY OF SANTA ANA, a charter city and
Santa Ana, California 92701 Ymmicipal corporation duly organized under the
Constitution and laws of the State of California
Paul Walters
City Manager
.Attest:
By:_.._._.V _ _.
Maria A. Iiuizar
City Cleric
Date:
Approved as to Form:
Sonia R. Carvalho
City Attorney
By.
Jose Sandoval
Chief Assistant City Attorney
256 -11
EXHIBIT "1"
LEGAL DESCRIPTION OF PROPERTY
25B -12
LE c; AL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO, 1,1- IUMPHREY'S
ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK I1, PAGE 39 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
APN: 398 - 38503
25B -13
EXHIBIT "2"
IMPROVEMENTS PERTAINING TO THE REALTY
25B -14
PUBLIC WORKS 7 DAY TIRE
CITY OF SANTA ANA FAIR MARKET VALUE
GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: AUGUST 7, 2012
ITEM QTY DE5CRI FAIR SALVAGE
NO, IMPROVEMENTS PERTAINING INING COND PIC # MARKET TO THE REALITY VALUE VALUE
THE SMOG PLACE
11 1 BATHROOM COSTRUCTION, PERMITTED 2008: A $11,200 $0
(1) INTERIOR WALL CONSTRUCTION, 13 LF X 8' H
(1) WALL SINK, CERAMIC, SINGLE FAUCET
(1) WATER CLOSET, STANDARD
(1) 36" GRAB BAR
(1) 48" GRAB BAR
(42) SF LINOLEUM TILE, 12" X 12"
(1) MIRROR, WOOD FRAME, 24" X 32"
(1) TOILET PAPER DISPENSER, KIMBERLY -CLARK
(1) HAND TOWEL DISPENSER, KIMBERLY -CLARK
(13) LF WALL SHELVING, WOOD, 10" D
(1) FLOOR DRAIN, SINK ROUGH -IN,
WATER CLOSET DRAIN
(1) LIGHT FIXTURE WITH SWITCH
(1) DOOR, HOLLOW CORE, 36"W
(1) SUMP PUMP TO CITY PIPE, 4' X 4' PIT
(1) RESTROOM GENDER SIGN
12 1 INTERIOR CONSTRUCTION, SHOP, 010: A
3,100 0
(18) LF WALL SHELF, WOOD, 10" AND 12" D
(1) INTERIOR WALL, WOOD FRAME, DOUBLE
DRYWALL, NO ELECTRICAL, 25' L X 10'H
(2) MISC, ELECTRICAL CONDUIT(SWITCH
(00) LF 314" RIGID EXPOSED CONDUIT,
2-110,1-220
(3) 4' X 12' PIT FOR DYNOMOMETER ROLLERS
13 1 LOT CIO EXTERIOR SIGNAGE: A
1,615 0
(12) INDIVIDUAL LETTERS, PLASTIC FACE,
FOAM BACK
(1) "SMOG CHECK' SIGN, 36" DIAMETER
14 1 AWNING, 1.5" SQ ALUMINUM TUBE FRAME, SHEET U
1,350 0
METAL COVER, PAINTED, 4'X 18'
16 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A
400 20
THE SMOG PLACE $17,665 $20
TOTAL IMPROVEMENTS PERTAINING TO THE REALTY
HJelmstromAssociates 25B -15 Page Al
EYMBIT "Y'
QUITCLAIM DLLD
(See Attached)
25B -16
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
QUITCLAIM DEED
County Assessor's parcel Number:
398- 385 -03
ne
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
Antonio E. Rios, dba The Smog Place
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: f) 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 FXHIBIT "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 , 2013.
By, Date:
Antonio E. Rios
25B -17
EXIIIBIT "A"
(to Quitclaim Deed)
LEGAL DESCRIPTION OP PROPERTY
25B -18
LEGAL DESCRIPTION
Real property in the City of Santa Ana, Cotm y of Orange, State of California, described as
follows:
LOT 2 OF BLOCK A OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY "S
ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
APN: 398 - 385 -03
25B -19
EXHIBIT 44B))
(to Quitclaim Deed)
DESCRIPTION OF CONVF YL-+D IMPPiOVEMENTS
25B -20
PUBLIC WORKS 7 DAY TIRE
CITY OF SANTA ANA FAIR MARKET VALUE
GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE; AUGUST 7, 2012
FAIR SALVAGE
ITEM DESCRIPTION: COND PIC # MARKET
NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY VALUE VALUE
THE SMOG PLACE
11 1 BATHROOM COSTRUCTION, PERMITTED 2006: A $11,200 $0
(1) INTERIOR WALL CONSTRUCTION, 13 LF X S' H
(1) WALL SINK, CERAMIC, SINGLE FAUCET
(1) WATER CLOSET, STANDARD
(1) 36" GRAB BAR
(1) 48" GRAB BAR
(42) SF LINOLEUM TILE, 12" X 12"
(1) MIRROR, WOOD FRAME, 24"X 32"
(1) TOILET PAPER DISPENSER, KIMBERLY -CLARK
(1) HAND TOWEL DISPENSER, KIMBERLY -CLARK
(13) LF WALL SHELVING, WOOD, 10" D
(1) FLOOR DRAIN, SINK ROUGH -IN,
WATER CLOSET DRAIN
(1) LIGHT FIXTURE WITH SWITCH
(1) DOOR, HOLLOW CORE, 36" W
(1) SUMP PUMP TO CITY PIPE, 4' X 4' PIT
(1) RESTROOM GENDER SIGN
12 1 INTERIOR CONSTRUCTION, SHOP, CIO: A
3,100 0
(18) LF WALL SHELF, WOOD, 10" AND 12" D
(1) INTERIOR WALL, WOOD FRAME, DOUBLE
DRYWALL, NO ELECTRICAL, 25' LX 10' H
(2) MISC. ELECTRICAL CONDUIT /SWITCH
(00) LF 314" RIGID EXPOSED CONDUIT,
2- 110,1 -220
(3) *X 12' PIT FOR DYNOMOMETER ROLLERS
13 1 LOT 010 EXTERIOR SIGNAGE: A
1,616 0
(12) INDIVIDUAL LETTERS, PLASTIC FACE,
FOAM BACK
(1) "SMOG CHECK" SIGN, 36" DIAMETER
14 1 AWNING, 1.5" SCE ALUMINUM TUBE FRAME, SHEET G
1,350 0
METAL COVER, PAINTED, 4'X 18'
15 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A
400 20
THE SMOG PLACE
TOTAL IMPROVEMENTS PERTAINING TO THE REALTY
$17,665 $20
HpelmsteomAssociates 25B_21 Page Al
25B -22