HomeMy WebLinkAboutNARCISO A. RIVERA AND ROSA ELVIRA LANDAVERDE - 2016INSURANCE NOT REQUIRED A-2016-338
WORK MAY PROCEED
CLERK OF COUNCIL
DATE. /q� /�`� URC ASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
.// AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA"), entered into on � 15
2 01 6 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of California (hereinafter "City' or "Buyer"), and NARCISO
A. RIVERA, an individual, and ROSA ELVIRA LANDAVERDE, an individual, collectively (hereinafter
"Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City
agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally
described as follows:
SEE EXHIBIT "A" — Legal Description
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 1305 W. Saint Anne Place, Santa Ana, CA 92707)
(APN: 408-335-17)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at
the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California,
within sixty (60) days from and after the date on which the City has approved this Agreement.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly
provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any
and all conditions, restrictions, reservations, exceptions, easements, assessments, profits,
limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and
all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph
15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City
shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed
to said real property, with or without knowledge of any condition, restriction, reservation, exception,
easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general
or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not
constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by
Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey
title as hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said
real property to City, within the time and at the place hereinabove specified for said conveyance of
said real property, a policy of title insurance to be issued by the above mentioned title company, with
the City therein named as the insured, in the amount of Nine Thousand, Six Hundred Twenty -
Three and no/100 Dollars ($9,623.00) insuring the title of the City to said real property is free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and
including any and all leasehold interests), liens, clouds or defects in title, excepting such specific
ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such
policy of insurance, whether such insurance complies with the requirements of this paragraph or not,
shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a
waiver by the City of any rights of action for damages or any other rights which may accrue to City by
reason of the failure of Seller to convey title or to provide title insurance as required in this
Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance
Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from
and after the date on which the City has approved this Agreement. This Agreement constitutes the
joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be
delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60)
days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of
Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the
Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of
escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all
obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such
request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to
possession of the Property immediately upon close of Escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its
acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto
and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five
(5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any
transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation
fees, escrow fees and any other closing costs incidental to the conveying of said real property to City.
Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage
shall be waived pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of
this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year
within which said real property is conveyed to City as are unpaid at the time of said conveyance shall
be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation
Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the
Revenue and Taxation Code of the State of California for that portion of property taxes on said real
property for said fiscal year which have been paid prior to the date the deed conveying said real
property to City is recorded which is allocable to that portion of the fiscal year which begins on the
date the deed conveying said real property to City is recorded and made uncollectible if unpaid by
reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent
that Seller -has prepaid -any -taxes -or -assessments -attributable to -the, -Property; Seller-shall-be-solely—
responsible for obtaining any refund due thereon from the taxing authority. Upon written request,
Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case
shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow.
All unpaid taxes on said real property for any and all years prior to the fiscal year within which said
conveyance is made shall be paid by Seller before conveyance of said real property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from
City, as and for the full purchase price for said real property and temporary occupancy, for the total
sum of Ten Thousand, Four Hundred and no/100 Dollars ($10,400.00). The sum of Nine
Thousand, Nineteen and no/100 Dollars ($9,019.00), is compensation for the certain real property
and improvements as shown in Exhibit W. The sum of One Thousand, Three Hundred Eighty -One
and no/100 Dollars ($1,381.00), is compensation for the temporary occupancy of the property, which
shall have a duration of 18 months, and is described and shown as attachment (Exhibits "C" and "D")
to the Temporary Construction Easement deed. City agrees to deposit said purchase price in escrow
with the Escrow Agent within THIRTY (30) days from and after the date on which the City has
approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon
and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real
property to City is recorded, quiet and peaceful possession of said real property, which shall be made
free by Seller of all personal property.
8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct
statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City
within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All
rents will be prorated as of the close of escrow on the basis of a 30 -day month/365-day year
consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units
on the premises which are vacant as of the date that this agreement is executed by seller, or which
may be vacated by present occupants prior to close of escrow. In return, the City agrees to
reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller
agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in
the possession of Seller prior to the close of escrow shall be transferred to and become the property
of City during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental
agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to
hold City harmless from all liability from any such leases or agreements. Seller also warrants that
there are no oral or written leases on all or any portion of the'subject property exceeding a period of
one month.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for said real property.
13. Acknowledgment of Full Benefits and Release
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors,
administrators, successors and assigns, hereby acknowledges that this Agreement provides
full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and
unconditionally waives any claim for compensation for injury to the remainder ("severance
damages"); precondemnation damages; claims for inverse condemnation; loss or impairment
of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining
to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain
from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of
necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any
notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other
obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245,
1263.025 .and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil
Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It
being understood that this is a complete and full settlement of all acquisition claims, liabilities,
or benefits of any type or nature whatsoever relating to or in connection with the acquisition of
the Property by Buyer. This release shall survive the Close of Escrow.
B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal
authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and
assigns, hereby fully releases Buyer, its successors, agents, representatives (including
attorneys), and assigns, and all other persons and associations, known or unknown, from all
claims and causes of action by reason of any damage which has been sustained by Seller, or
may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to
construct the works of improvement thereon, or any preliminary steps thereto. This
Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for
damages which may arise as a result of Buyer's efforts to construct improvements on the
Property.
This acknowledgment and release shall survive the Close of Escrow
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
address of the Seller is 1305 W. Saint Anne Place, Santa Ana, CA 92707.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed
of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in,
or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall
not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or
from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste
which is or becomes regulated by any local governmental authority, the State of California, or the
United States Government, including, but not limited to, any material or substance which is (i) defined
as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section
25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous
substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health
and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and
Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)
petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as
"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant
to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste"
pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg.
(42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
S9601 et sem. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, all
applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste
disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air,
Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and
Comprehensive Environmental Response Compensation and Liability Acts, and the California
Environment Quality Act, and the rules, regulations, and ordinances of the city within which the
subject property is located, the California Department of Health Services, the Regional Water Quality
Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and
all applicable federal, state, and local agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or
transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
arising from or out of any claim, action, suit or proceeding for personal injury (including sickness,
disease, or death, tangible or intangible property damage,. compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller
shall not be responsible for acts or omissions to act post close of this escrow.
20. Contingency. It is understood and agreed between the parties hereto that the completion of
this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
approval of the City herein. The execution of these documents and the delivery of same to Escrow
Agent constitute said acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect,
but all the remaining provisions of this PSA shall remain in full force.
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
24. Governing Law. This PSA shall be governed by and construed in accordance with the laws
of the State of California.
25. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability of executing this PSA and the meaning of the
provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or
against any party based upon any attribution to such party as the source of the language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the party
to be charged) and do such other acts and things as are reasonably necessary and appropriate to
effectuate the terms and conditions of this PSA, without cost.
28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
29. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of the
terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on
the date and year first written above.
SELLER:
NARWO A. RIVERA, an individual
C
ROSA ELVIRA LANDAVERUE, an individual
CITY OF SANTA ANA:
City/Buyer
David Cavazos
City Manager
ATTEST:
Ja<�y
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
J andoval
C ief Assistant City Attorney
RECOMME1n\\NDED FOR APPROVAL:
J Y�
Ibusavipour
ive Director
Works Agency
Date: (}'% Zf 1 - 2016
Date: V — -1) L -I - 2r 116
Date:
2016
Date: 2016
Date:
2016
Date: lk 130 ( l b , 2016
EXHIBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 408-335-17
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
A PORTION OF LOT 20 OF TRACT NO. 2209, PER MAP RECORDED IN BOOK 64,
PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID PORTION SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING A THE INTERSECTION OF ST. ANNE PLACE AND BRISTOL STREET,
AS SAID INTERSECTION IS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF ST. ANNE PLACE, NORTH 88013'46"WEST,
159.86 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1046'14" EAST, 30.00
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 20, SAID POINT BEING ON A
NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00
FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A
BEARING OF SOUTH 20°21'47" EAST, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING;
THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET
THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT OF REVERSE CURVATURE,
SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND
NORTHERLY, HAVING A RADIUS OF 43.00 FEET;
THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC
DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242027'52" TO A POINT
OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09
FEET THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT IN THE NORTH LINE
OF LOT 17 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING
DESCRIBED HEREIN.
CONTAINING AN AREA OF 274 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
SEPTEMBER 24, 2015
ANTHONY C. CUOMO, PLS 6042
Anthony .. �Cuorrro
1. No; b�J42
OF
EXHIBIT "B" (First American)
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be
deposited in one or more of your general escrow accounts with any bank doing business in the State
of California and may be transferred to any other general escrow account or accounts. The
expression "close of escrow" means the date on which instruments referred to herein are filed for
record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any
instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title
insurance called for, is hereby authorized.
There shall be no proration of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any
other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers
and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or
attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or
claims with respect to this escrow or the rights of any of the parties hereto, or any money or property
deposited herein affected hereby, you shall have the right to discontinue any or all further acts on
your part until such conflict is resolved to your satisfaction, and you shall have the further right to
commence or defend any action or proceedings for the determination of such conflict. The parties
hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this
escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by
you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged
from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time
specified herein and such additional time as is required to make an examination of the official
records, you will return all documents, money or property to the party entitled thereto upon
satisfactory written demand and authorization. Any amendment of and/or supplement to any
instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property
herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts,
each of which independently shall have the same effect as if it were the original, and all of which
taken together shall constitute one and the same instruction.
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
TAXES
X
APPROVED AS TO
FORM BY ATTY.
APPROVED BY DESCRIPTION
DIRECTOR WRITTEN BY
DESCRIPTION
CIECKED-ox.
A. P.
NUMBER 408-335-17
JEW MAP
NUMBER
PROJECT
NUMBER
�s
1305 W. Saint Arnie Place, Santa Ana, CA 92707 DEED N MBER
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
NARCISO A. RIVERA and ROSA ELVIRA LANDAVERDE, husband and wife as joint tenants
Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly
organized under the Constitution and laws of the State of California, for public roadway purposes, all
that real property in the City of Santa Ana, Orange County, State of California, located at 1305 W.
Saint Anne Place, Santa Ana, CA 92707 described as follows:
SEE EXHIBITS 'A' AND'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated: 0-7— 2 By:
— VCq�
ARISO A. RIVERA, an individual
Dated : Cq _ ,-By
ROSA ELVIRA LANDAVERDE, an individual
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Grant Deed dated
September 24, 2016 from Narciso A. Rivera and Elvira Landaverde, husband and wife as
joint tenants, to the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California, is hereby accepted
by the undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Ordinance No. NS -2352 and Section No. 33-55 of the Santa Ana Municipal
Code adopted by the City Council on June 01, 1998, in compliance with California
Government Code Section 27281, and the grantee consents to recordation thereof by its
duly authorized officer.
IAWIL
Dated
For the City of Santa Ana:
r
City Manager -
• ♦ALL-PURPOSE ACKNOWLEDGMENTD. § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of o yA.nge,
On lzJA if b x before me, i�U5F1 ( �bcrs S Nast Y i �l! Il G
Date f Here Insert Name and Title o the Officer
personally appeared Clya.Zp�
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person,(a)' whose namew is/aare
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
hisA#erAI;eir authorized capacityDarl, and that by hisHterAheir signature,( cn the instrument the person�sf
or the entity upon behalf of which the person(5acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature 4,oL,a, �w
Signature of Notary Public
OP71 JNAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: ____
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _
Corporate Officer — Title(s): _
Partner — E Limited -! General
-' Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer -- Title(s):
Partner — E Limited C General
Individual Attorney in Fact
Trustee El Guardian or Conservator
Other:
Signer Is Representing:
rOc2014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 45907
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ROSA A. FLORES
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Commission # 2057129
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Notary Public - California i
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Orange County n
Comm. Expires Feb 7,.2018
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature 4,oL,a, �w
Signature of Notary Public
OP71 JNAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: ____
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _
Corporate Officer — Title(s): _
Partner — E Limited -! General
-' Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer -- Title(s):
Partner — E Limited C General
Individual Attorney in Fact
Trustee El Guardian or Conservator
Other:
Signer Is Representing:
rOc2014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 45907
EXHIBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 408-335-17
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
A PORTION OF LOT 20 OF TRACT NO. 2209, PER MAP RECORDED IN BOOK 64,
PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID PORTION SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING A THE INTERSECTION OF ST. ANNE PLACE AND BRISTOL STREET,
AS SAID INTERSECTION IS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF ST. ANNE PLACE, NORTH 88013'46"WEST,
159.86 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1046'14" EAST, 30.00
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 20, SAID POINT BEING ON A
NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00
FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A
BEARING OF SOUTH 20021'47" EAST, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING;
THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET
THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT OF REVERSE CURVATURE,
SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND
NORTHERLY, HAVING A RADIUS OF 43.00 FEET;
THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC
DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242027'52" TO A POINT
OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09
FEET THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT IN THE NORTH LINE
OF LOT 17 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING
DESCRIBED HEREIN.
CONTAINING AN AREA OF 274 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
SEPTEMBER 24, 2015 rpilth
ANTHONY C. CUOMO, PLS 6042ony Cuomo
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of 6 IZA11I �i )
On before me, coS ,No74p-
(Insert name and title of the officer)
personally appeared r -0.5A e5G.VISA
Name of Signer (1)
NAR.=I-S61 A. Qly�t��1
Name of Signer (2)
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 ey xecuted the same in
his/he he' authorized capacity(ies), and that by his he thei signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
a JES SORTIZ
COMM.#2141901
WITNESS my hand and official seal. m Notary Public • Caillomia
LOS ANGELES COUNTY as
My Comm. Ex .Feb, 9, 2020
(Seal)
ignature of Notary Pu 1
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
APPROVED AS TO
APPROVED BY
DESCRIPTION
DESCRIPTION
A. P.
R/W MAP
PROJECT
TAXES
FORM BY ATTY.
DIRECTOR
WRITTEN BY
CHECKED-O.K
NUMBER 408-335-17
NUMBER
NUMBER
X
1305 W. Saint Anne Place, Santa Ana, CA
92707
F 5237
DEE ED NUMBER
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NARCISO A.
RIVERA and ROSA ELVIRA LANDAVERDE, husband and wife as joint tenants ("GRANTOR"), Do
hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized
under the Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as
"the CITY"), its successorsandassigns, the exclusive right, on a temporary basis, to enter and utilize
certain real property in the City of Santa Ana, County of Orange, State of California, which is
described on Exhibit'C' (legal description) and depicted on Exhibit'D' (plat to accompany legal
description), which are attached hereto and made a part hereof (the "Property"), upon the terms set
forth below.
1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the
purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner
Avenue and Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, its successors
and assigns, the power to perform all activities necessary for the construction and completion of the
Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under
GRANTOR's Property,
2. Term. GRANTOR agrees that the term of the TCE shall be for a period of 18 months,
and shall commence when the CITY issues a notice of commencement of construction to
GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this
instrument shall automatically terminate and be of no further force and effect.
3. Release. For valuable consideration, as set forth in the Purchase and Sale
Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently
herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever
release and fully discharge the CITY and each of its predecessors and successors, and all of their
officers, directors, members, employees, agents, contractors, assignees, and representatives, from
any and all claims, demands, damages, causes of action, costs, and expenses (including, without
limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of
whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or
potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the
construction or use of the PROJECT ("Claim"), including, without limitation, any Claim suffered by
reason of the theories of impairment of access, inverse condemnation, property damages, loss of
income and/or goodwill, and relocation assistance pursuant to Federal and/or State law and
implementing regulations or otherwise. GRANTOR understands and agrees that the release
contained herein shall not be deemed or construed as an admission by the CITY of any liability of
any kind to GRANTOR.
4. Special Provisions. The Special Provisions attached hereto as Exhibit `E' if any, are
hereby incorporated, and made a part of this Agreement by this reference. In the event of any
conflict or inconsistency between this Agreement and the Special Provisions, the terms of the Special
Provisions shall prevail.
5. Miscellaneous. It is mutually stipulated and agreed by and between GRANTOR and
the CITY hereto that this TCE contains the whole agreement between them as of this date and that
any amendments or modifications thereto must be in writing and signed by the parties. The
provisions of this TCE shall be binding upon and inure to the benefit of the successors and assigns of
the parties hereto.
Executed this day of j 9 M F, jL 2016
NARCISO A. RIVERA and ROSA ELVIRA LANDAVERDE, husband and wife as joint tenants
NA C.t6O A. RIVERA, an individual
�c:� — I , '
ROSA ELVIRA LANDAVERDE, an individual
EXHIBIT `C'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES — AP No. 408-335-17
BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 20 OF TRACT NO.
2209, PER MAP RECORDED IN BOOK 64, PAGES 25 AND 26 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE
SOUTHERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING A THE INTERSECTION OF ST. ANNE PLACE AND BRISTOL STREET,
AS SAID INTERSECTION IS SHOWN ON SAID MAP;
THENCE, ALONG SAID CENTERLINE OF ST. ANNE PLACE, NORTH 88013'46"WEST,
159.86 FEET;
THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1046'14" EAST, 30.00
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 20, SAID POINT BEING ON A
NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00
FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A
BEARING OF SOUTH 20°21'47" EAST, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING;
THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET
THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT OF REVERSE CURVATURE,
SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND
NORTHERLY, HAVING A RADIUS OF 43.00 FEET;
THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC
DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242027'52" TO A POINT
OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09
FEET THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT IN THE NORTH LINE
OF LOT 17 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING
DESCRIBED HEREIN.
THE NORTHERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED
TO TERMINATE EASTERLY IN THE EAST LINE OF SAID LOT 20 AND
SOUTHWESTERLY IN THE SOUTH LINE OF SAID LOT 20.
Page 1 of 2
CONTAINING AN AREA OF 279 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY.
THIS DESCRIPTION HAS BEEN
PREPARED BY ME ON
SEPTEMBER 24, 2015 C(ktb
ANTHONYC. CUOMO, PLS 6042anyc: Citoma
l No, 42
OF
Page 2 of 2
EXHIBIT 'D'
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EXHIBIT "E"
SPECIAL PROVISIONS
A. Construction Contract Work to be performed by the CITY
It is understood and agreed by and between the parties hereto that the CITY's contractor will:
• Either replace in kind or protect in place the site improvements which are within the described
TCE area. For example, driveway, landscaping, irrigation system, etc.
B. Improvements to be acquired by the CITY
It is understood and agreed by and between the parties hereto that payment rendered in the
Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions,
but is not limited to, payment for the following acquired improvements:
• 274 square feet of lawn
• 274 square feet of irrigation system
• 2 linear feet of brick planter curbing
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of 0 I -P/V &E)
On before me, 5U -S O/g- 12-) /VOTARf
(Insert name and title of the officer)
personally appeared ROSS �L.VI P -A- I—At',01A V6r4P)L~
Name of Signer (1)
NAQ,G / Sao A.
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re
subscribed to the within instrument and acknowledged to me that he/she re executed the same in
his he their authorized capacity(ies), and that byhis/her eir ignature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
CO"JESUS ORTIZ M
#214 w
Notary Public • C®Iflomla 9
LOS ANGELES COUNTY a.
MY Comm�EFeRb, 9, 2020
-_-_�4' g—� 'tom- t��2 _ (Seal)
,�"` ignature of Notary f<&iic