HomeMy WebLinkAbout25G - AGMT - BRISTOL ST PHASE 4REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 3, 2017
TITLE:
APPROVE PURCHASE AGREEMENT FOR
REAL PROPERTY ACQUISITION FOR
BRISTOL STREET IMPROVEMENTS
PHASE 4 (PROJECT NO. 116741, NON -
GENERAL FUND)
(STRATEGIC PLAN NOS. 6, 1G & 3,2C)
ER
RECOMMENDED ACTION
Authorize the City Manager and Clerk
real property acquisition, temporary
property owner listed below, subject to
and City Attorney:
CLERK OF COUNCIL USE ONLY:
APPROVED
[IAs Recommended
L]As Amended
ElOrdinance on 1 m Reading
ElOrdinance on 2ntl Reading
[IImplementing Resolution
E]Set Public Hearing For
CONTINUED TO
FILE NUMBER
of the Council to execute a Purchase Agreement for the
construction easement, and goodwill (if any) with the
nonsubstantive changes approved by the City Manager
No. Property Owner Property commonly Acquisition Amount
known as / location Type
1 AU Zone Santa Ana, LLC 2120-2130 South Bristol Street partial $98,999
(APN 408-471-17)
DISCUSSION
Bristol Street is a north -south transportation facility which is designated as a major arterial
highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol
Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is
being constructed in several phases. Improvements include widening the street from two to three
lanes in each direction, raised landscape medians, and adding bike lanes. The City is acquiring
properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place.
Property acquisitions for this phase are expected to be completed by spring 2018, and
construction is anticipated to begin in summer 2018.
This partial acquisition is necessary to accommodate the Bristol Street improvements and
widening for Phase 4 (Exhibit 1). The purchase offer was determined based on appraised values
prepared by a California State licensed appraiser and was accepted by the property owner. The
compensation amount is listed above and is shown in the attached agreement (Exhibit 2).
25G-1
Purchase Agreement for Real Property Acquisition
Bristol Street Improvements Phase 4
October 3, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development,
Objective #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies), Strategy C (support
business development and job growth along transit corridors through the completion of critical
transit plans/projects).
ENVIRONMENTAL IMPACT
In 1990, City Council approved the Bristol Street Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design
modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an
Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental
Quality Act by City Council on April 7, 2015.
FISCAL IMPACT
Funds in the amount of $98,999 are available in the Bristol Street Improvements Project (No.
116741) for expenditure in FY 2017-2018 in the Measure M2 Street Construction Fund (Account
No. 03217663-66100), subject to nonsubstantive changes.
Fr d Mousavipour
Executive Director
Public Works Agency
FM/EWG/JG/ST
Exhibits: 1. Location Map
2. Agreement for APN 408-471-17
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25G-2
MATCHLINE
SEE BELOW RIGHT
I I f i
I I 1 408.338.17 I I I I
ST GERTRUDE PL
—r ------T
I 1408471.011
I
408471-17W
! '016194-23:1 —1
! 0Co -4
15-1943-•---
! 4-----t---• 4
i � ,'015-194.2%,
i Cf) I
� F
lIm4 —
I ;o1619a3q ,
1
409471-06 i �----- I ----
i
WARNER AVENUE
i
--SOJECi PP.OPENT�
-LCOt4BEC PP.OPERTIES
� 1
ST ANDREW PL
_..T_..T_--T--T•N i 0";�.,,7--- T---r-
r�+ +.
;v
C
CARLTON PL
T --- ._,MIMI
W
W f ,
cA
GLENWOOD PL J
p T
I i I to -cc
I I I
CAMDEN PL
T""T__7;-A
i i ✓��� i i i
: �" or••r--r""r-•"
�ST ANNE PL
EXHIBff 1
MATCHLINE
SEE TOP LEFT
SANTA ANA PURCHASE AGREEMENT FOR
CRY COUNCIL— BRISTOL STREET IMPROVEMENTS
AGENDA DATE: PHASE 4 (PROJECT NO. 116741
OCTOBER3,2017 NONGENERAL FUND)
weuc TORY.S APING (Strategic Plan No. 6, 1, G1 and 3, Z CJ
25G-3
PAGE 1 OF 1
25G-4
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA" or "Agreement"), entered into on
, 2017, 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 AU-ZONE_SANTA=ANA,-LLC, a California limited liability company
(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, the approximately 258 square foot area in that certain real property
(hereinafter "Said Real Property" or "Property") legally described as follows:
SEE EXHIBIT "A" — Legal Description
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as: a portion of 2120-2130 S. Bristol Street,. Santa Ana, CA 92704)
(APN#: 408 -471717) --
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 Seiler. Seller agrees to convey Said Real Property to City, by Grant Deed (in
the format of Exhibit E attached hereto), 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 othenNise 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 Seventy -Five Thousand and no/100 Dollars ($75,000.00)
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
Purchase and SaLcs AgrxmanL- AL I ZONL Ver. 20170727
EXHIBIT 2
25G-5
any other rights which may accrue to City by reason of the failure of Bailor 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 of 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.
6. Prooerty 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, fixtures & equipment (improvements pertaining
to the realty), goodwill (If any), and severance damages, the total sum of Ninety -Eight Thousand, Nine
Hundred Ninety -Nine and no/100 Doll ars-($98,999.00), derived as shown in Exhibit "C"- Fair Market
L
Y' Pin•chascand SalcsAgruemcn(-AUZONE Vu. 20170727
25G-6
Value of the. Property. 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 (In the format of Exhibit E attached hereto) 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.
a. No later than three (3) days after close of escrow, Seller shall have removed all merchandise,
inventory, equipment, personal property, and/or removable trade fixtures from Said Real
Property, and shall leave Said Real Property in a broom swept condition. Any merchandise,
inventory, equipment, personal property, and/or removable trade fixtures at Said Real
Property as of three days after close of escrow shall be deemed abandoned by Seiler on that
date, unless a prior written agreement has been made with the City or its representatives.
b. If Seller does not vacate said Real Property by the above stated date, the Seiler agrees to
have the Court immediately issue a Writ of Possession and/or Assistance, directing the
Marshall or Sheriff of Orange County to take physical possession of Said Real Property in
favor of the City. Seiler waives the right to have the City file an unlawful detainer action, as
well as waive the right to any hearing or any requirements for an application by City to obtain
the Writ of Possession and/or Assistance and waives any and all rights to object to the
issuance of said Writ if Seller does not vacate the Property by three (3) days after close of
escrow.
8. Holdover Seller. At the sole discretion of the City, the City may allow the Seller to stay beyond
the three days after the close of escrow as stated in Section 7a. In doing so, the Seller will become a
Holdover Seller, and will be required to sign an interim rental agreement Said rental agreement will
provide the rental rate and terms of the lease. If the City or its agents fail to provide said rental
agreement to Seller and Seiler is still in occupancy of the Property after the three days after the close of
escrow, then Seller is responsible to contact the City or its agents, to determine as to where to send their
rent payment. Failure of City or its agents to present the Interim rental agreement to Seller does not
absolve the Seller from paying rent.
9. Waivers. The waiver by any party of any breach of any covenant or agreement herein contained
on the part of the other party 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.
I'urohme-ind Salus Agreonwnl-AI.I ZONL
25G-7
Ver, 20170727
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 and Includes payment for fixtures & equipment
(improvements pertaining to the realty), goodwill (If any), and severance damages,
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 of goodwill and/or lost profits; loss or impairment
of any "bonus value" attributable to any lease; damage to or loss of improvements pertalning to
the realty; damage to or loss of machinery, fixtures, Inventory, equipment andfor personal
property; 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 Defendants 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.
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 5850 Canoga Avenue, Ste. 650, Woodland Hills, CA 91367.
15. Exceptions. City agrees to accept title to Said Real Property subject to the following; NONE.
16. Relocation of Two Pole Signs and Quitclaim of Dedicated Property. As a condition to the
City's acqulsition of the Property, Seller has two (2) pole signs that must be relocated. See Exhibit D
which depicts the 2 pole signs in their current location, and depicts the new location where the 2 new
pole signs will be erected. The City will also be quitclaiming a certain portion of previously dedicated
land to Seller, as also described on Exhibit D (showing an approximate 11 foot offset), Said land was
previously acquired by the City by way of land dedication on January 13, 1998. The City will quitclaim the
11' offset as depicted in Exhibit D upon completion of the City's street widening and construction of
improvements
Pmnhas;; and Sales Agraon and -AU ZONE
25G-8
Ver. 20170727
The City's project is being funded with federal funds, therefore Seller's expenses regarding relocation of
their signs, are addressed and will be reimbursed pursuant to the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 ("URA"), as amended. Both of these matters O.e., 2 pole
signs and dedication of property) will be handled pursuant to the relocation benefits afforded to the Seller
under the URA. Relocation benefit payments for the two pole signs will be paid through this claim
process.
17. 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 acquisition of Said Real Property by the City.
18. 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), (Ili) 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 hiphenyls, (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.
86901 at seg.' (42 U.S.C. 86903) or (A) defined as a "hazardous substances" pursuant to Section 101 of
the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
59601 eel seq. (42 U.S.C. 59601).
19. 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.
20. 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
(1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on,
under, in, or the transportation of any such materials to or from, the Property, or (fl) Seller's violation of
Purclum and 9alcsAgrcurnant-AU ZONE,
25G-9
vzr. 20170727
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, to or from, the
Property. This indemnity shall include 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 after close of this escrow.
21. Continaancv, 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.
22. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seiler and City.
23. 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 — except for the exchange of consideration
and transfer of title (which are essential to mutual assent for this Agreement).
24. 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.
26. Governing Law. This PSA shall be governed by and construed in accordance with the laws of
the State of California,
26. 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 parry
based upon any attribution to such party as the source of the language in question.
27. 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.
28. 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.
29. APOIcability of Agreement To Assicnees. This PSA shall be binding upon and shall Inure to the
benefit of the successors and assigns of the Parties to this PSA.
30. 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.
Nurch;i,ic:md S;+lusApmnont. AliZONE
25G-10
Vtm 26170727
31. 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 PSA on the date and year first written
above.
SELLER:
AU ZONE SANTA ANA, LLC, a California limited liability company
/ }
By: T� Date:
Its: �CGOJJ I�Ah't�o%�
a
Its:
City/Buyer
City of Santa Ana
Date:
Date:
Cynthia J. Kurtz
Interim City Manager
Attest:
Date:
Maria D. Huizar
City Clerk
Approved as to Form: /� q
Date: I — M. Funk
sistant City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director
Public Works Agency
I'urchaw and Salcs :\aiwmant- AU ZONE
Date:
7
25G-11
vcr. 211170727
R
EXHIBIT `A'
LEGAL DESCRIPTION FOR
RIGHT OF WAY PURPOSES—AP No. 408-471-17
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THE
EAST 5.10 FEET OF A PORTION OF PARCEL 6 PER MAP RECORDED IN BOOK 130 OF PARCEL
MAPS,.PAGES 3 AND 4, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 6;
THENCE, ALONG TETE SOUTH LINE OF SAID PARCEL, NORTH 88'13'46" WEST, 25,00 FEET
TO A LINE, SAID LINE BEING THE WEST LINE OF THE EAST 25.00 FEET OF SAID PARCEL 6,
AS DESCRIBED IN THAT INSTRUMENT RECORDED JANUARY 13, 1998 AS INSTRUMENT
NUMBER 19980017928, OFFICIAL RECORDS OF SAID COUNTY;
THENCE, ALONG SAID WEST LINE NORTH 1046'14" EAST, 37.25 FEET, PER SAID
INSTRUMENT, TO THE TRUE POINT OF BEGINNING;
THENCE, PER SAID INSTRUMENT, PERPENDICULAR TO SAID WEST LINE SOUTH 880 13'46"
EAST, 16.10 FEET;
THENCE, PER SAID INSTRUMENT, PARALLEL WITH SAID WEST LINE, NORTH 1046'14"
EAST, 50,57 FEET;
THENCE, PER SAID INSTRUMENT, PERPENDICULAR TO SAID WEST LINE NORTH 88013'46"
WEST, 16.10 FEET TO SAID WEST LINE;
THENCE, PER SAID INSTRUMENT, ALONG SAID WEST LINE, SOUTH 1046'14" WEST, 50.57
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 258 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT'A-1', 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
SEPTBMBER 23, 2015
ANTHONY C. CUOMO, PLS 6042
25G-12
Anthony Cuamo
No.14z ,
EXHIBIT `A-1'
N01 ° 46'14'E 135.00'
0
z1^� W
3� o
ySl zD -o
z o --i $ z
gg On f�
W
m ro F co r IInZ W
ip p COm f
I p N CJ oixl F, W
vF1 0 0 v A
.lin fel �o .Vp N Z \ b�
S p7 W O S
p Z
N0 N -I I O N
C1 fU
R)
1 r cn N Ln
x o LI o
_ L2 _ L4_ 1
nv L3 L4 L3
o? 14.00' Lq 14.00'
io I L1
m
M11 ,p cnI L1 �L
r�
Ll
X
�1 N01°46' 14'E� SURVEY
oBRISTOL ST & CgNST,
Z
m�
cmc wtrv�
�<r
5�m ZZZZ
Mil
omoo
e."
;1 mwmm
o r s v yd1s A,y sip t,. m
.p n A O z ypy Y fTl E m r9
N
Ln
0 a
0 3 N o` $ 0 ON W (A
O 0 V LI
O
"off" c
Y al oPN�A o r�Cy J O Ln ro O
25G-13
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 Califomla
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 — unless you are legally
culpable. 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 — unless you are legally culpable.
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.
25G-14
EXHIBIT "C"
Fair Market Value of the Subject Property
Acquisition land value: $15,000.00
Curable damages: $23,999.00
Permanent severance damages: $60,000.00
Total justcompensallon $98,999.00
25G-15
EXHIBIT'A'
LEGAL DESCRIPTION FOR
RIGHT OF WAX PURPOSES — AP No. 408-471-17
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THE
EAST 5.10 FEET OF A PORTION OF PARCEL 6 PER MAP RECORDED IN BOOK 130 OF PARCEL
MAPS, PAGES 3 AND 4, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 6;
THENCE, ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 88013'46" WEST, 25.00 FEET
TO A LINE, SAID LINE BEING THE WEST LINE OF THE EAST 25.00 FEET OF SAID PARCEL 6,
AS DESCRIBED IN THAT INSTRUMENT RECORDED JANUARY 13, 1998 AS INSTRUMENT
NUMBER 19980017928, OFFICIAL RECORDS OF SAID COUNTY;
THENCE, ALONG SAID WEST LINE NORTH 1046'14" EAST, 37.25 FEET, PER SAID
INSTRUMENT, TO. THE TRUE POINT OF BEGINNING;
THENCE, PER SAID INSTRUMENT, PERPENDICULAR TO SAID WEST LINE SOUTH 88°13'46"
EAST, 16.10 FEET;
THENCE, PER SAID INSTRUMENT, PARALLEL WITH SAID WEST LINE, NORTH 1046'14"
EAST, 50.57 FEET;
THENCE, PER SAID INSTRUMENT, PERPENDICULAR TO SAID WEST LINE NORTH 88°13'46"
WEST, 16,10 FEET TO SAID WEST LINE;
THENCE, PER SAID INSTRUMENT, ALONG SAID WEST LINE, SOUTH 1046'14" WEST, 50.57
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 258 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `A-1', 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 23, 2015
ANTHONY C. CUOMO, PLS 6042
25G-16
Ntul"'CCuomo
fro; 6042
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 5103.
ABOVE THIS LINE FOR RECORDER'S
CANCEL APPROVED AS 70 APPROVED EY DESCRQ•DON D&9CftIP1rON A, P, NVY ArAP PRWECT
TAM FORMBY ATtY. DIRECTOR DESC O CHECREDA.R NUMEER 408471-17 NIR.mRR �'®ER
R
21202130 S. Bristol Street, Sarna Ana, CA 92704 DEED Ntn®RR
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
AU ZONE SANTA ANA, LLC, a Cailfornla limited liability company
Does 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, that
section of real property in the City of Santa Ana, Orange County, State of .California, located at
2120-2130 S. Bristol Street, Santa Ana, CA 92704, described as follows:
SEE EXHIBITS "A" AND 4A-1"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated ,
Dated:
AU ZONE SANTA ANA, LLC, a California limited liability company
25G-1.7
0
EXHIBIT "E"
GRANTDEED
25G-18
EXHIBIT V
i � o 5 "-,
��
25G-19
G
=u
o
$$
I
moa
O �
3
Er"c
O
r
Qcz
Z
I
z
co
ON
cc
yo�czi
A
D
W �-`
O
co
m�
a
N
e
Vv Z
I
D
W
ye
°
n
%7.1
r
0
0
ru O
n
N
N
N
.A
O1
ro
o x
r�L4
0
c
� o
CA
X0
AQ
-1 � m
L3
r-1
-4
V
ym
1
o
* M
I
m
A
—
z
Az
xm�
fro
v r
rEw
�Zz
��
y y5�.
ANF$
T
i z
o
yo
C
w
al Y
P'yiq
oW �c
�3t`
EXHIBIT `A.-1'
NO 1 ° 46' 14" E 155,00)
14-0' L4 14,00'
L1
b�
N010 46' 14" E\�-- SURVEY `
BRISTOL ST & CONST, i
r rrr-
.P W ru .-
zzzz
nmoo
CO
ON
0 0
?co m ul
ONWmU
-4I r�
PN?P
F� m�mm
r
o
0 US c
O � V ca
UI �'NO
V OUZO
25G-20
zy
O �
3
r
3
z
co
ON
IDz
co m
0
r
a o
V '9
W �-`
O
�,
W
N
O0
V
Z
%7.1
r
0
00
N
M
r�L4
O roN (n
CA
L3
14-0' L4 14,00'
L1
b�
N010 46' 14" E\�-- SURVEY `
BRISTOL ST & CONST, i
r rrr-
.P W ru .-
zzzz
nmoo
CO
ON
0 0
?co m ul
ONWmU
-4I r�
PN?P
F� m�mm
r
o
0 US c
O � V ca
UI �'NO
V OUZO
25G-20