07-1221_DONAHUE SCHRIBER REALTY GROUP L.P._Grant Deed_20070007466080
'RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
n
U
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
2007000746608 01:47pm 12121107
103 254 G02 6
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
This Space for Recorder's Use Only
Title of Document: GRANT DEED (Donahue Schriber Realty Group, APN: 668-091-09,
10)
•
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistano, CA 92675
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Is
Exempt from Documentary Transfer Tax
Pursuant to R&T Code § 11922
(Space above this line for Recorder's use)
GRANT DEED
Orange County
Assessor's Parcel Number(s): 668-091-09, 10 [ ] Alt
[X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Donahue Schriber Realty Group, L.P., a Delaware Limited Partnership
HEREBY GRANTS TO
THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION
all rights, interests, or title to the real property in the City of San Juan Capistrano, County of
Orange, State of California described and depicted on Exhibit "A," which exhibits are attached
hereto and by reference made a part hereof.
IN WITNE WHEREOF, th grantor hereto has caused this Grant Deed to be executed as of
this day of 2007.
Donahue Schriber Realty Group, L.P.,
a Delaware limited partnership
By: Donahue Schriber Realty Group, Inc.,
A Maryland corporation, as Ge e P ner
1
By:
Secretary n
By: e�—
Michele Babcock
Executive Vice President
State of Calf mia
County of
On (!%(g61NLl5be�?nne,
personally appeared
(here insert name
5A L- H►RoSF.
0
q L, NO` Al
title oft� he officer)
.C -
personally known to me ( to be the personQQ whose nam*) is/IAK
subscribed to the within instrument and acknowledged to me that-E/she/oky executed the same in His/her/tWv authorized
capacity('M), and that by higher/thffjr signatura4) on the instrument the person0Q, or the entity upon behalf of which the
person* acted, executed the instrument.
WITNESS my bang and official seal.
Signature �'Dg
State of California
County of
On`befor me,
IAlF 5(-6A Z,
` CATHERINE SEGA[
n Commission N 1638112 r
2 • m'. 1 Notary Public - California a
(Seal) - z d 1 ORANGE COUNTY J
My Comm E.Pues Jan 16. 2010
(here insert name and title of thefofficer)
personally appeared
Mrctt;L'r —&AcocK
personally known to me ) to be the personN whose name is>q
subscribed to the within instrument and acknowledged to me that T*/she/they executed the same in Vs/her/tjbir authorized
capacity(tN, and that by lt*/her/dytI r signature*K) on the instrument the person jo, or the entity upon behalf of which the
person* acted, executed the instrument.
WITNESS nd and official seal.
Signature
kyr` CATHERfNE SEGAC
(Seal) a Commission X 1638112
z V`n • �• Notary Public -�_� y CaliforniaCaRlorma a
».„ l ORANGE COUNTY
My Comm E+Puss Jan 15, 2010
•
EXHIBIT "A"
LEGAL DESCRIPTION
Vons Property
APN 668-091-09 & 10
i
That portion of Parcel 2 of Parcel Map 2873 in the City of San Juan Capistrano, County
of Orange, State of California per map recorded in Book 66, Page 8 of Parcel Maps in the
office of the County Recorder of said county, described as follows:
BEGINNING at the most southwesterly corner of said Parcel 2; thence along the
southeasterly line of said Parcel 2, North 53°13'42" East, 175.05 feet; thence South
66°06'33" West, 112.08 feet; thence South 68°18'31 "West, 38.87 feet to the west line of
said Parcel 2; thence along said west line, South 02°03'57" West, 45.06 feet to the
POINT OF BEGINNING.
Prepared under the supervision of:
�� KIWlF11.
6alLrjl%b'!
Grego . K Alen PLS 6625
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e(rstp.
LS,GO, Z;ON)
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CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Grant Deed
regarding Assessor's Parcel Numbers 668-091-09, 10 by Donahue Schriber
Realty Group, L. P., a Delaware Limited Partnership, granted to the City of San
Juan Capistrano, a Municipal Corporation, is hereby accepted by order of the
City Council on November 6, 2007, pursuant to Resolution No. 07-11-06-01 and
the grantee consents to recordation thereof by its duly authorized officer.
to R. Monahan, City Clerk
of 4n Juan Capistrano
8, 2007
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
December 17, 2007
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Documents for Recording:
i� MORRIS UP
(IIIIeRR (• 1961
1776
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
THOMAS W, HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
• Agreement for Acquisition of Real Property and Joint EscrowInstructions
(Donahue Schriber Realty Group, APN 668-091-09, 10)
• Grant Deed (Donahue Schriber Realty Group, APN 668-091-09, 10)
SENT VIA CERTIFIED MAIL
The noted documents are enclosed for recording:
When placed of record, please return the recorded documents to this office.
Thank,yop for your assistance.
V*Yr y yours,
Clete/
Cc: Ayako Rauterkus, Engineering Technician
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San Juan Capistrano: Preserving the Past to Enhance the Future
i,, Printed an 100% recycled paper
Postma,k
Here
December 14, 2007
Ayako Rauterkus
The City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
VIA OVERNIGHT EXPRESS
Regarding: Vereda Bike/ Donahue Schriber Easement
Dear Ayako Rauterkus,
2280 Market Street, Suite 340
Riverside, CA 92501
951.683.2353 ph
951.683.3901 tax
w .OPCservices.com
Per your request enclosed please find one original Grant Deed and notary acknowledgement for
recordation. Once recorded please provide our office with a copy for our records.
If you have any questions or concerns, please do not hesitate to call me at (951) 683-2353.
Sincerely,
Overland, Pacific & Cutler, Inc.
Raimok Dawit
Consultant
• TOM DALY •
CLERK -RECORDER
ORANGE COUNTY
HALL OF RECORDS AND FINANCE
12 CIVIC CENTER PLAZA, ROOM 101, P.O. BOX 238, SANTA ANA, CALIFORNIA 92702-0238
PHONE (714) 834-2500 FAX (714) 834-2675
WWW.00RECORDER.COM
City Of San Juan Capistrano 11/29/2007
32400 Paseo Adelanto
San Juan Capistrano Ca 92675
Dear Sir / Madam:
When the enclosed original documentation was presented for recording, some information in one or
more areas was incomplete or not clear. Because of this, we are unable to record the submitted
document(s) as is. We are returning your unrecorded document(s) along with your remittance.
Please refer to the item checked below to cortect the information needed to record the document(s).
® Document is incomplete Grantor's acknowledgment is missing, we have received
the acknowledgment for the Agreement, but not for the Grant Deed.
If you wish to have the document(s) recorded, you will need to make the changes indicated above and
re -submit the document(s) along with the corresponding fee to:
Tom Daly
Orange County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702-0238
Thank you for your cooperation and we look forward to serving you.
Sincerely,
/s/Rene Hermosillo
Rene Hermosillo
Orange County Clerk -Recorder Department
Enclosure
Document(s) Returned: Grant Deed- City of San Juan Capistrano
Remittance: Total Amount Returned: none Check Number(s): none
. , TOM DALY •
' CLERK -RECORDER
•
i ORANGE COUNTY
• HALL OF RECORDS AND FINANCE
•- 12 CIVIC CENTER PLAZA, ROOM 101, P.O. BOX 238, SANTA ANA, CALIFORNIA 92702-0238
PHONE (714( 834-2500 FAX (714( 834-2675
WWW.00RECORDER.COM
City Of San Juan Capistrano 11/29/2007
32400 Paseo Adelanto
San Juan Capistrano Ca 92675
Dear Sir/ Madam:
When the enclosed original documentation was presented for recording, some information in one or
more areas was incomplete or not clear. Because of this, we are unable to record the submitted
document(s) as is. We are returning your unrecorded document(s) along with your remittance.
Please refer to the item checked below to correct the information needed to record the document(s).
® Document is incomplete Grantor's acknowledgment is missing, we have received
the acknowledgment for the Agreement, but not for the Grant Deed.
If you wish to have the document(s) recorded, you will need to make the changes indicated above and
re -submit the document(s) along with the corresponding fee to:
Tom Daly
Orange County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702-0238
Thank you for your cooperation and we look forward to serving you.
Sincerely,
/s/Rene Hermosillo
Rene Hermosillo
Orange County Clerk -Recorder Department
Enclosure
Document(s) Returned: Grant Deed- City of San Juan Capistrano
Remittance: Total Amount Returned: none Check Number(s): none
. , TOM DALY •
' CLERK -RECORDER
•
ORANGE COUNTY
• HALL OF RECORDS AND FINANCE
' •- 12 CIVIC CENTER PLAZA, ROOM 101, P.O. BOX 238, SANTA ANA, CALIFORNIA 92702-0238
PHONE (714) 834-2500 FAX (714) 834-2675
W W W.00RECORDER.COM
City Of San Juan Capistrano 11/15/2007
32400 Paseo Adelanto
San Juan Capistrano Ca 92675
Dear Sir/ Madam:
When the enclosed original documentation was presented for recording, some information in one or
more areas was incomplete or not clear. Because of this, we are unable to record the submitted
document(s) as is. We are returning your unrecorded document(s) along with your remittance.
Please refer to the item checked below to correct the information needed to record the document(s).
® Document is incomplete Seller's acknowledgment is missing.
If you wish to have the document(s) recorded, you will need to make the changes indicated above and
re -submit the document(s) along with the corresponding fee to:
Tom Daly
Orange County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702-0238
Thank you for your cooperation and we look forward to serving you.
Sincerely,
/s/Rene Hermosillo
Rene Hermosillo
Orange County Clerk -Recorder Department
Enclosure
Document(s) Returned: Agreement- City of San Juan Capistrano
Remittance: Total Amount Returned: none Check Number(s): none
•
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistano, CA 92675
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
C�
Exempt from Documentary Transfer Tax
Pursuant to R&T Code § 11922
(Space above this line for Recorder's use)
GRANT DEED
Orange County
Assessor's Parcel Number(s): 668-091-09, 10 [ ] All
[X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Donahue Schriber Realty Group, L.P., a Delaware Limited Partnership
[;7 X1'7 13:7:\►Y II.YI�
THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION
all rights, interests, or title to the real property in the City of San Juan Capistrano, County of
Orange, State of California described and depicted on Exhibit "A," which exhibits are attached
hereto and by reference made a part hereof.
IN WITN SS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of
this day of &(lit 2007.
Donahue Schriber Realty Group, L.P.,
a Delaware limited partnership
By: Donahue Schriber Realty Group, Inc.,
A Maryland corporation, as General Partner
By:
Secretary
By:,�,—��f� � a
Michele Babcock
Executive Vice president
9
EXHIBIT "A"
LEGAL DESCRIPTION
Vons Property
APN 668-091-09 & 10
0
That portion of Parcel 2 of Parcel Map 2873 in the City of San Juan Capistrano, County
of Orange, State of California per map recorded in Book 66, Page 8 of Parcel Maps in the
office of the County Recorder of said county, described as follows:
BEGINNING at the most southwesterly comer of said Parcel 2; thence along the
southeasterly line of said Parcel 2, North 53°13'42" East, 175.05 feet; thence South
66006'33" West, 112.08 feet; thence South 68°18'31 "West, 38.87 feet to the west line of
said Parcel 2; thence along said west line, South 02003'57" West, 45.06 feet to the
POINT OF BEGINNING.
Prepared under the supervision of:
�k47
11P1�01
Grego K len PLS 6625
0 0
0
9
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain Grant Deed attached
hereto from Donahue Schriber Realty Group, L.P., a Delaware Limited Partnership, to the City of
San Juan Capistrano, is hereby accepted by the undersigned on behalf of the City of San Juan
Capistrano and the grantee consents to recordation thereof by its duly authorized officer.
Dated:
The City of San Juan Capistrano
Please
By: Sign & Retum
32400 PASEO ADELANTO
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OFFICIAL t1E
MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675
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$
SAMALLEVATO
(949) 493-11 71
certified Fee
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Posanark
Here
THOMAS W. HRISAR
(949) 493-1171 FAX
T.
FSIARISLEI
1961
MARK NIELSEN
www.sanjuancapistrano.org
�]]6
JOE SOTO
I1J
•
•
DR. LONORES USO
November 27, 2007
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Documents for Recording:
• Agreement for Acquisition of Real Property and Joint Escrow Instructions
(Donahue Schriber Realty Group, APN 668-091-09, 10)
• Grant Deed (Donahue Schriber Realty Group, APN 668-091-09, 10)
SENT VIA CERTIFIED MAIL
The noted documents are enclosed for recording:
When placed of record, please return the recorded documents to this office.
r your assistance.
ars,
Cc: Ayako Rauterkus, Engineering Technician
171
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San Juan Capistrano: Preserving the Past to Enhance the Future
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----------------------------------------------------------
Gry, Slate. ZlPF4
San Juan Capistrano: Preserving the Past to Enhance the Future
`J Printed on 100% recycled paper
• TOM DALY •
CLERK -RECORDER
•
i ORANGE COUNTY
HALL OF RECORDS AND FINANCE
•. 12 CIVIC CENTER PLAZA, ROOM 101, P.O. BOX 238, SANTA ANA, CALIFORNIA 92702-0238
PHONE (714) 834-2500 FAX (714( 834-2675
WWW.00RECORDER.COM
City Of San Juan Capistrano 11/15/2007
32400 Paseo Adelanto
San Juan Capistrano Ca 92675
Dear Sir/ Madam:
When the enclosed original documentation was presented for recording, some information in one or
more areas was incomplete or not clear. Because of this, we are unable to record the submitted
document(s) as is. We are returning your unrecorded document(s) along with your remittance.
Please refer to the item checked below to correct the information needed to record the document(s).
® Document is incomplete Seller's acknowledgment is missing.
If you wish to have the document(s) recorded, you will need to make the changes indicated above and
re -submit the document(s) along with the corresponding fee to:
Tom Daly
Orange County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702-0238
Thank you for your cooperation and we look forward to serving you.
Sincerely,
/s/Rene Hermosillo
Rene Hermosillo
Orange County Clerk -Recorder Department
Enclosure
Document(s) Returned: Agreement- City of San Juan Capistrano
Remittance: Total Amount Returned: none Check Number(s): none
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
November 8, 2007
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Documents for Recording:
MEMBERS OF THE CITY COUNCIL
Agreement for Acquisition of Real Property and Joint Escrow Instructions
(Donahue Schriber Realty Group, APN 668-091-09, 10)
Grant Deed (Donahue Schriber Realty Group, APN 668-091-09, 10)
SENT VIA CERTIFIED MAIL
The noted documents are enclosed for recording:
When placed of record, please return the recorded documents to this office.
Thank you for your assistance.
Vly yours,
(�171
rorris
Dep ty City Cle u
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Cc: Ayako R6uterkus, Engineering Technician o 0 Carded Fee
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SAMALLEVATO
THOMAS W HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Postmark
Here
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t`- Box No._
San Juan Capistrano: Preserving the Past to Enhance the Future
0 0
RESOLUTION NO. 07-11-06-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE AGREEMENT FOR
ACQUISITION OF REAL PROPERTY FOR THE VEREDA BIKEWAY
UNDERCROSSING (DONAHUE SCHRIBER REALTY GROUP)(CIP 124)
WHEREAS, the Donahue Schriber Realty Group is the fee owner of Assessor's
Parcels 668-091-09, 10; and,
WHEREAS, the City of San Juan Capistrano has found the Agreement to be in
order and acceptable for recordation;
NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of San Juan
Capistrano as follows:
SECTION 1. That the Agreement for Acquisition of Real Property is hereby
approved.
SECTION 2. That the City accepts the grant deed for the property.
SECTION 3. That the Mayor is hereby authorized to execute the Agreement and
escrow acquisition documents.
SECTION 4. That the City Clerk is directed to forward the Agreement to the County
Recorder's Office.
PASSED, APPROVED, AND ADOPTED this 6th y of November 2007.
ywz";�,,w
S ALLEVATO, MAYOR
Page 1 of 1 11/06/2007
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
0
1, MARGARET R, MONAHAN, appointed City Cierk of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. 07-11-06-01 was duly adopted by the City Council of the City of San Juan Capistrano at a
Regular meeting thereof, held the a day of November 2007, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Nielsen, Hribar, Uso, Soto, and Mayor Allevato
None
None
•
AGENDA REPORT
TO: Dave Adams, City Manager 9`
• 1116/2007
FROM: Nasser Abbaszadeh, Director of Engineering and Building
SUBJECT: Consideration of Acceptance of an Agreement for Acquisition of Real
Property with Donahue Schriber Realty Group for the Vereda Bikeway
Undercrossing (Plaza Del Rio) (Vons) (CIP No. 124)
RECOMMENDATION:
By motion:
Adopt the Resolution approving the Agreement for Acquisition of Real Property
with Donahue Schriber Realty Group for the Vereda Bikeway Undercrossing;
and,
2. Authorize the Mayor to execute the Agreement; and,
3. Direct the City Clerk to forward the Agreement to the Orange County Recorder's
Office.
Summary and Recommendation:
A portion of the easterly ramp for the bikeway must encroach into the Plaza Del Rio
shopping center (Vons) owned by Donahue Schriber Realty Group, who has agreed to
grant the land in fee and execute the subject Agreement (Attachment 3). Staff
recommends approval of the Agreement.
Background:
Construction of the Vereda Bikeway Undercrossing project has been completed and
was accepted by City Council on July 3, 2007. The City's Consultant, Overland, Pacific
and Cutler have been working with Donahue Schriber Realty Group (DSRG) to finalize
the Agreement over the area affected by the construction of the Vereda Bikeway
Undercrossing.
The Agreement has been modified from an easement to a land acquisition as it is
Donahue Schriber's goal to not encumber their land with any more easements. This
solution was found acceptable to the City, as the other details of the Agreement were
not affected by this change. Additionally, the appraisal that was done previously for an
easement is still in effect and supports the property value in fee.
Agenda Report • •
Page 2 November 6, 2007
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
On July 3, 2007, a budget amendment was approved by City Council to cover all project
costs. Included in the amendment was funding to finance the Agreement with Donahue
Schriber Realty Group, in the amount of $22,000.00. In approving this Agreement, no
new funding is requested.
NOTIFICATION:
Donahue Schriber*, c/o Robin Cameron, Property Manager
Elizabeth Schreiber*, Vice President
* Agenda Report included
RECOMMENDATION:
By motion:
Adopt the Resolution approving the Agreement for Acquisition of Real Property
with Donahue Schriber Realty Group for the Vereda Bikeway Undercrossing;
and,
2. Authorize the Mayor to execute the Agreement; and,
3. Direct the City Clerk to forward the Agreement to the Orange County Recorder's
Office.
Respectfully submitted,
Nasser Abbaszadeh, PE
Engineering and Building Director
Attachments:
1. Location Map
2. Resolution
3. Agreement
4. Grant Deed
Prepared by: 1
i
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ya o Rauterkus
Engineering Technician
0 0
ATTACHMENTi
THE CITY OF
SAN JUAN CAPISTRANO
Vereda Bikeway Undercrossing
CIP No 124
40
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IN<
If
rz
Project Location dye
I
11 v
3000 6000 9000 Feet
ATTACHMENTi
•
RESOLUTION NO. 07 -11 -06 -XX
11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE AGREEMENT FOR
ACQUISITION OF REAL PROPERTY FOR THE VEREDA BIKEWAY
UNDERCROSSING
WHEREAS, the Donahue Schriber Realty Group is the fee owner of Assessor's
Parcels 668-091-09, 10; and,
WHEREAS, the City of San Juan Capistrano has found the Agreement to be in
order and acceptable for recordation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan
Capistrano as follows:
SECTION 1. That the Agreement for Acquisition of Real Property is hereby
approved.
SECTION 2. That the City accepts the grant deed for the property.
SECTION 3. That the Mayor is hereby authorized to execute the Agreement and
escrow acquisition documents.
SECTION 4. That the City Clerk is directed to forward the Agreement to the County
Recorder's Office.
PASSED, APPROVED, AND ADOPTED this 6w day of November 2007.
SAM ALLEVATO. MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
ATTACHMENT
r�
u
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
0
This Space for Recorders Use Only
Title of Document: AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT
ESCROW INSTRUCTIONS (Donahue Schriber Realty Group, APN: 668-091-09, 10)
ATTACHMENT
0 0
APN: 668-091-09, 10
TITLE REPORT NO: O -SA -1544703 (18)
PROJECT: Vereda Bike/Donahue Schriber Easements
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT is entered into this _ day of 2007 by and between
the City of San Juan Capistrano (hereinafter called "Buyer"), and Donahue Schriber Realty
Group, L.P., a Delaware Limited Partnership (hereinafter called "Seller") for acquisition by
Buyer of certain real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, upon the terms and for the consideration set forth in this
Agreement (hereinafter called "Agreement"), all that certain real property (hereinafter
called "Property") situated in the City of San Juan Capistrano, .County of Orange, State
of California, and legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be
the sum of
Twenty Two Thousand Dollars
($22,000.00)
3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer the Property
free and clear of all recorded and unrecorded liens, encumbrances, assessments,
easements, leases, and taxes EXCEPT:
a. Non -delinquent taxes for the fiscal year in which this transaction closes which
shall be cleared and paid in the manner required by Section 4986 of the Revenue
and Taxation Code, if unpaid at the close of this transaction.
b. Quasi -public utility, public alley, public street easements, and rights of way of
record (except rights in any such items conveyed under this Agreement).
c. Items numbered 16, 19, 20 and 21 in the above referenced preliminary title report
issued by First American Title Company dated April 4, 2007.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of said deed(s)
and upon Buyer's request, provide Buyer with CLTA Standard Coverage Policy of Title
Insurance in the amount of $22,000.00 issued by First American Title Company, showing
the title to the property vested in Buyer, subject only to the exceptions set forth in
Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy.
Buyer agrees to pay the premium charged therefore.
5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an
escrow company of Buyer's choice. This Agreement constitutes the joint escrow
instructions of the Buyer and Seller, and Escrow Agent to whom these instructions are
Page 1 of 6
delivered is hereby empowered to act under this Agreement. The parties hereto agree to
perform all acts reasonably necessary to close this escrow in the shortest possible time.
Seller shall execute and deliver said deed(s) as referenced in Paragraph 3 above, to
Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when
said deeds are available. After opening of escrow, Buyer will deposit an executed
Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price
upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent
any additional instruments as may be reasonably necessary to complete this transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall
be made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
a. Pay and deduct from the amount shown in Paragraph 2 above, any amount
necessary to satisfy any delinquent taxes together with penalties and interest
thereon, and/or delinquent assessments or bonds except those which title is to
be taken subject to in accordance with the terms of this Agreement;
b. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this
Agreement, up to and including the total amount of unpaid principal and interest
on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with terms and conditions of said trust
deed(s) or mortgage(s) including late charges, if any, except penalty (if any), for
payment in full in advance of maturity, shall, upon demand(s) be made payable to
the mortgagee(s) or beneficiary(ies) entitled thereunder;
c. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Paragraph 7 of this Agreement;
d. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or supplement
to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE
AS SOON AS POSSIBLE.
7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's
usual fees, charges, and costs which arise in this escrow.
8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the
compensation paid to Seller through this Agreement constitutes the full and complete
settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the
Property, specifically including, but not limited to, any and all damage to Seller's
remainder property by reason of the acquisition of the subject Property or the installation
of the improvement project in the manner proposed, the value of improvements
pertaining to the realty, leasehold improvements, any and all claims of rental or
Page 2 of 6
0 0
leasehold value and loss of business goodwill (excluding relocation benefits, if any), and
any and all claims in inverse condemnation and for precondemnation damages, and any
and all other claim that Seller may have, whether or not specifically mentioned here,
relating directly or indirectly to the acquisition by Buyer of this subject Property; however
Seller and Buyer, and each and all of their individual collective agents representatives,
attorneys, principals, predecessors, successors, assigns, administrators, executors,
heirs, and beneficiaries, hereby release the other party, and each of them, from any and
all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitations those relating to just
compensation, damages, which any of them now have, or might hereafter have by
reason of any matter or thing arising out or in any way relating to any condemnation
action affecting the subject Property.
9. RENTAL AND LEASEHOLD INTEREST. Except as otherwise set forth herein Seller
warrants that there are no third parties in possession of any portion of the Property as
lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or
written recorded or unrecorded leases or other agreements concerning all or any portion
of the Property exceeding a period of one month. Seller further agrees to hold Buyer
harmless and reimburse Buyer for any and all of its losses and expenses occasioned by
reason of any lease of said property held by any tenant of Seller for a period exceeding
one month, EXCEPT: None.
10. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is
a negotiated settlement in lieu of condemnation. Seller acknowledges that the sums
received from Buyer under this Agreement constitute full payment of just compensation
in eminent domain (including, but not limited to, compensation for the fair market value
of the real property taken, severance damages, improvements to the realty, furniture,
fixtures, equipment, the value of any leasehold interest, loss of inventory, loss of
business goodwill, court costs, litigation expenses and any interest which might be due
on such matters). Seller acknowledges that the amounts paid under this Agreement
constitute the total amount due Seller, and that no further payments are due, owing or
payable. Seller waives any other claims it might have for further payment or further
compensation, and also waives any and all claims to any money on deposit in said
action and further waives all attorney's fees, costs, disbursements, and expenses
incurred in connection therewith.
11. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Except as
otherwise set forth herein Seller hereby warrants, represents, and/or covenants to Buyer
that:
a. To the best of Seller's knowledge, there are no actions, suits, material claims,
legal proceedings, or any other proceedings affecting the Property or any portion
thereof, at law, or in equity before any court or governmental agency, domestic or
foreign.
b. To the best of Seller's knowledge, there are no encroachments onto the Property
by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
c. Until the closing, Seller shall not do anything which would impair Seller's title to
any of the Property.
d. To the best of Seller's knowledge, neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which Seller's property may be bound.
Page 3 of 6
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e. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
f. Seller, at the time of execution of this Agreement, is seized of the Property in fee
simple absolute and is the lawful owner of and has good, indefeasible title to the
Property.
12. ASSUMPTION OF RISK. Subject to the express covenants, representations and
warranties of Seller as provided in this Agreement and in the documents to be executed
and delivered by Seller to Buyer at Closing upon Closing, Buyer shall assume the risk
that adverse matters, including but not limited to, construction defects, adverse physical,
environmental, hazardous materials, endangered species, zoning, access or water
course issues or conditions, may not have been revealed by Buyer's investigations.
Subject to the express covenants, representations and warranties of Seller as provided
in this Agreement and in the documents to be executed and delivered by the Seller to
Buyer at Closing, Buyer releases Seller from, and waives any and all liability, claims,
demands, damages and costs (including, without limitation, reasonable attorney's fees
and expenses) of any and every kind or character, known or unknown, for or attributable
to, any latent or patent issue or condition at the Property. Buyer realizes and
acknowledges that factual matters now unknown to it may have given or may hereafter
give rise to losses, damages, liabilities, costs and expenses which are presently
unknown, unanticipated and unsuspected, and Buyer further agrees that the waivers and
releases herein have been negotiated and agreed upon in light of that realization and
that Buyer nevertheless hereby intends to release, discharge and acquit Seller from any
such unknown losses, damages, liabilities, costs and expenses. The provisions of this
Paragraph shall survive the Closing.
13. COUNTERPARTS. This agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an
original, and all such counterparts together shall constitute one and the same instrument.
14. 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 Buyer herein. The execution of these
documents and the delivery of same to Escrow Agent constitute said acceptance and
approval.
15. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to the jurisdiction
of the California Courts with venue in Orange County.
16. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein
shall apply to and bind the heirs, executors, administrators, assigns and successors of
the parties hereto. Buyer may freely assign any or all if its interests or rights under this
Agreement or under the Escrow without the consent of Seller.
17. COOPERATION. Each party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
Page 4 of 6
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supersedes all prior agreements and understandings, whether oral or written, between
the parties with respect to the matters contained in this Agreement. Any waiver,
modification, consent or acquiescence with respect to any provision of this Agreement
shall be set forth in writing and duly executed by or on behalf of the party to be bound
thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of
any other or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
MAILING ADDRESS OF SELLER
Elizabeth R. Schreiber, SCSM, CPM
Vice President — Asset Management
Donahue Schreiber
200 E. Baker St., Suite 100
Costa Mesa, Ca. 92626
(714) 966-6425
(714) 545-4222 (fax)
MAILING ADDRESS OF BUYE
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SELLER
Donahue Schriber Realty Group, L.P.,
a Delaware Limited Partnership
By: Donahue Schriber Realty Group, Inc.,
a Maryland Corporation, General Partner
Michele Babcock
Executive Vice Preside
I
By
Lisa L. Krose
Secretary
BUYER
City of San Juan Capistrano
Approved:
By:
SAM ALLEVATO
MAYOR
Date
Page 5 of 6
Approved a to Form:
4 By:
JO SHAW
CI ATTORNEY
Attested:
Bv:
MARGARET MONAHAN
CITY CLERK
Page 6 of 6
0
EXHIBIT "A"
LEGAL DESCRIPTION
Vons Property
APN 668-091-09 & 10
That portion of Parcel 2 of Parcel Map 2873 in the City of San Juan Capistrano, County
of Orange, State of California per map recorded in Book 66, Page 8 of Parcel Maps in the
office of the County Recorder of said county, described as follows:
BEGINNING at the most southwesterly corner of said Parcel 2; thence along the
southeasterly line of said Parcel 2, North 53°13'42" East, 175.05 feet; thence South
66°06'33" West, 112.08 feet; thence South 68°18'31"West, 38.87 feet to the west line of
said Parcel 2; thence along said west tine, South 02°03'57" West, 45.06 feet to the
POINT OF BEGINNING.
Prepared under the supervision of:
(k."
Grego IC� len PLS 6625 Na 85I5�/
0
0
(-.LS GOj,U7N)
•
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistano, CA 92675
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
i
Exempt from Documentary Transfer Tax
Pursuant to R&T Code § 11922
(Space above this line for Recorder's use)
GRANT DEED
Orange County
Assessor's Parcel Number(s): 668-091-09, 10 [ ] All
[X] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Donahue Schriber Realty Group, L.P., a Delaware Limited Partnership
HEREBY GRANTS TO
THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION
all rights, interests, or title to the real property in the City of San Juan Capistrano, County of
Orange, State of California described and depicted on Exhibit "A," which exhibits are attached
hereto and by reference made a part hereof.
IN WITNFrSS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of
this _6—"t) day of &2Vjj& 2007.
Donahue Schriber Realty Group, L.P.,
a Delaware limited partnership
By: Donahue Schriber Realty Group, Inc.,
A Maryland corporation, as Gene r 1 Partner
�\
By:
Secretary
By:,-,� 0 -
Michele Babcock
Executive Vice President
ATTACHMENT 4
0
State of California
County of
pAM" ore? e,
l
personally appeared
0
C4TN04E 5€6A L 1 Jul old
(here insert name and title of the
personally known to me ( ) to be the persons whose name6d is "t
subscribed to the within instrument and acknowledged to me that */she/1Oy executed the same in */her/tb& authorized
capacity(114), and that by 10/her/tVZLir signature& on the instrument the persorgo, or the entity upon behalf of which the
personw acted, executed the instrument.
CATHERINE SEGAL
WITNESS my an and fficial sea
Signature
State of Cali mia
County o ��ff
ond��ci®re e,,
u(h,
AP
r = Commission # 1638112 n
' p
Notary Public - z
1 y Cah/arena a
ORANGE COUNTY
My Comm Erpnes Jan 15. 201D
(Seal)
,✓6G/� �� /�/oT79/�1 / USG/C
(here insert name and title of the officer)
personally appeared
jq1CAWK 30chce
personally known to me to be the person* whose name' is/4k
subscribed to the within instrument and acknowledged to me that K/s/she/thq executed the same in Wher/thy authorized
capacity(ioV, and that by IAs1her/t5& signaturepp on the instrument the person(4, or the entity upon behalf of which the
person(O acted, executed the instrument.
CATHERINE SEGAL
Commission # 16381
z p 'A' Notary Public - Caldor
ORANGE COUNTY
My Comm EJan 15, 2
WITNESS my n an official seal.
Signature
120
a 9
010
(Seal)
0 0
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain Grant Deed attached
hereto from Donahue Schriber Realty Group, L.P., a Delaware Limited Partnership, to the City of
San Juan Capistrano, is hereby accepted by the undersigned on behalf of the City of San Juan
Capistrano and the grantee consents to recordation thereof by its duly authorized officer.
Dated:
The City of San Juan Capistrano
In
0
32400 PASEO ADEL-ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 PAx
www san./uancaplstrano. org
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, November
6, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of
Acceptance of an Agreement for Acquisition of Real Property with Donahue
Schriber Realty Group for the Vereda Bikeway Undercrossing (Plaza Del Rio)
(Vons) (CIP No. 124)" — Item No. D4.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, November 5, 2007 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Ayako Rauterkus,
Engineering Technician. You may contact that staff member at (949) 443-6351 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
citvclerk _sanivancapistrano.orq.
Meg Monahan, MMC
City Clerk
cc: Donahue Schriber, c/o Robin Cameron, Property Manager*; Elizabeth Schreiber, Vice President*;
Ayako Rauterkus, Engineering Technician
" Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
01% Printed an 100% recycled paper
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
November 8, 2007
0
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
On November 6, 2007, the City Council of San Juan Capistrano met regarding:
"Consideration of Acceptance of an Agreement for Acquisition of Real Property
with Donahue Schriber Realty Group for the Vereda Bikeway Undercrossing
(Plaza Del Rio} (Vons) (CIP No. 124)" Item No. D4.
The following action was taken at the meeting: Resolution No. 07-11-06-01 adopted
approving the agreement for acquisition of real property with Donahue Schriber
Realty Group for the Vereda Bikeway Undercrossing; the Mayor authorized to
execute the agreement; and the City Clerk directed to forward the agreement to
the Orange County Recorder's office.
If you have any questions regarding this action, please contact Ayako Rauterkus,
Engineering Technician at (949) 443-6351 for more detailed information.
Thank you,
Me Mon an, MMC
CWClerk
Cc: Donahue Schriber, c/o Robin Cameron, Property Manager*; Elizabeth Schreiber,
Vice President*; Ayako Rauterkus, Engineering Technician
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% recycletl paper
APN: 668-091-09, 10
TITLE REPORT NO: O -SA -1544703 (18)
PROJECT: Vereda Bike/Donahue Schriber Easements
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
++ r
THIS AGREEMENT is entered into this i
Seller shall execute and deliver said deed(s) as referenced in Paragraph 3 above, to
Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when
said deeds are available. After opening of escrow, Buyer will deposit an executed
Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price
upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent
any additional instruments as may be reasonably necessary to complete this transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall
be made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
a. Pay and deduct from the amount shown in Paragraph 2 above, any amount
necessary to satisfy any delinquent taxes together with penalties and interest
thereon, and/or delinquent assessments or bonds except those which title is to
be taken subject to in accordance with the terms of this Agreement;
b. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this
Agreement, up to and including the total amount of unpaid principal and interest
on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with terms and conditions of said trust
deed(s) or mortgage(s) including late charges, if any, except penalty (if any), for
payment in full in advance of maturity, shall, upon demand(s) be made payable to
the mortgagee(s) or beneficiary(ies) entitled thereunder;
c. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Paragraph 7 of this Agreement;
d. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or supplement
to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE
AS SOON AS POSSIBLE.
7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's
usual fees, charges, and costs which arise in this escrow.
8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the
compensation paid to Seller through this Agreement constitutes the full and complete
settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the
Property, specifically including, but not limited to, any and all damage to Seller's
remainder property by reason of the acquisition of the subject Property or the installation
of the improvement project in the manner proposed, the value of improvements
pertaining to the realty, leasehold improvements, any and all claims of rental or
leasehold value and loss of business goodwill (excluding relocation benefits, if any), and
any and all claims in inverse condemnation and for precondemnation damages, and any
and all other claim that Seller may have, whether or not specifically mentioned here,
Page 2 of 6
0 0
relating directly or indirectly to the acquisition by Buyer of this subject Property; however
Seller and Buyer, and each and all of their individual collective agents representatives,
attorneys, principals, predecessors, successors, assigns, administrators, executors,
heirs, and beneficiaries, hereby release the other party, and each of them, from any and
all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitations those relating to just
compensation, damages, which any of them now have, or might hereafter have by
reason of any matter or thing arising out or in any way relating to any condemnation
action affecting the subject Property.
9. RENTAL AND LEASEHOLD INTEREST. Except as otherwise set forth herein Seller
warrants that there are no third parties in possession of any portion of the Property as
lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or
written recorded or unrecorded leases or other agreements concerning all or any portion
of the Property exceeding a period of one month. Seller further agrees to hold Buyer
harmless and reimburse Buyer for any and all of its losses and expenses occasioned by
reason of any lease of said property held by any tenant of Seller for a period exceeding
one month, EXCEPT None.
10. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is
a negotiated settlement in lieu of condemnation. Seller acknowledges that the sums
received from Buyer under this Agreement constitute full payment of just compensation
in eminent domain (including, but not limited to, compensation for the fair market value
of the real property taken_ severance damages, improvements to the realty, furniture,
fixtures, equipment, the value of any leasehold interest, loss of inventory, loss of
business goodwill, court costs, litigation expenses and any interest which might be due
on such matters). Seller acknowledges that the amounts paid under this Agreement
constitute the total amount due Seller, and that no further payments are due, owing or
payable. Seller waives any other claims it might have for further payment or further
compensation, and also waives any and all claims to any money on deposit in said
action and further waives all attorney's fees, costs, disbursements, and expenses
incurred in connection therewith.
11. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER. Except as
otherwise set forth herein Seller hereby warrants, represents, and/or covenants to Buyer
that:
a. To the best of Seller's knowledge, there are no actions, suits, material claims,
legal proceedings, or any other proceedings affecting the Property or any portion
thereof, at law, or in equity before any court or governmental agency, domestic or
foreign.
b. To the best of Seller's knowledge, there are no encroachments onto the Property
by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
c. Until the closing, Seller shall not do anything which would impair Seller's title to
any of the Property.
d. To the best of Seller's knowledge, neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which Seller's property may be bound.
e. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Page 3 of 6
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
f. Seller, at the time of execution of this Agreement, is seized of the Property in fee
simple absolute and is the lawful owner of and has good, indefeasible title to the
Property.
12. ASSUMPTION OF RISK. Subject to the express covenants, representations and
warranties of Seller as provided in this Agreement and in the documents to be executed
and delivered by Seller to Buyer at Closing upon Closing, Buyer shall assume the risk
that adverse matters, including but not limited to, construction defects, adverse physical,
environmental, hazardous materials, endangered species, zoning, access or water
course issues or conditions, may not have been revealed by Buyer's investigations.
Subject to the express covenants, representations and warranties of Seller as provided
in this Agreement and in the documents to be executed and delivered by the Seller to
Buyer at Closing, Buyer releases Seller from, and waives any and all liability, claims,
demands, damages and costs (including, without limitation, reasonable attorney's fees
and expenses) of any and every kind or character, known or unknown, for or attributable
to, any latent or patent issue or condition at the Property. Buyer realizes and
acknowledges that factual matters now unknown to it may have given or may hereafter
give rise to losses, damages, liabilities, costs and expenses which are presently
unknown, unanticipated and unsuspected, and Buyer further agrees that the waivers and
releases herein have been negotiated and agreed upon in light of that realization and
that Buyer nevertheless hereby intends to release, discharge and acquit Seller from any
such unknown losses, damages, liabilities, costs and expenses. The provisions of this
Paragraph shall survive the Closing.
13. COUNTERPARTS. This agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an
original, and all such counterparts together shall constitute one and the same instrument.
14. 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 Buyer herein. The execution of these
documents and the delivery of same to Escrow Agent constitute said acceptance and
approval.
15. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to the jurisdiction
of the California Courts with venue in Orange County.
16. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein
shall apply to and bind the heirs, executors, administrators, assigns and successors of
the parties hereto. Buyer may freely assign any or all if its interests or rights under this
Agreement or under the Escrow without the consent of Seller.
17. COOPERATION. Each party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
18. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement. It
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supersedes all prior agreements and understandings, whether oral or written, between
the parties with respect to the matters contained in this Agreement. Any waiver,
modification, consent or acquiescence with respect to any provision of this Agreement
shall be set forth in writing and duly executed by or on behalf of the party to be bound
thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of
any other or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
MAILING ADDRESS OF SELLER
Elizabeth R. Schreiber, SCSM, CPM
Vice President —Asset Management
Donahue Schreiber
200 E. Baker St., Suite 100
Costa Mesa, Ca. 92626
(714) 966-6425
(714) 545-4222 (fax)
MAILING ADDRESS OF BUYE
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SELLER
Donahue Schriber Realty Group, L.P.,
a Delaware Limited Partnership
By: Donahue Schriber Realty Group, Inc.,
a Maryland Corporation, General Partner
By'
Michele Babcock
Executive Vime Preside
By: _
Lisa L. Hirose
Secretary
BUYER
City of San Juan Capistrano
Approved:
j
By:
M XCLEVATO
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Approved as to Form:
By:
JOHN SHAW
CITYAVTORNEY
Atl
M
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EXHIBIT "A"
LEGAL DESCRIPTION
Vons Property
APN 668-091-09 & 10
That portion of Parcel 2 of Parcel Map 2873 in the City of San Juan Capistrano, County
of Orange, State of California per map recorded in Book 66, Page 8 of Parcel Maps in the
office of the County Recorder of said county, described as follows:
BEGINNING at the most southwesterly comer of said Parcel 2; thence along the
southeasterly line of said Parcel 2, North 53113'42" East, 175.05 feet; thence South
66°06'33" West, 112.08 feet; thence South 68°18'31"West, 38.87 feet to the west line of
said Parcel 2; thence along said west line, South 02°03'57" West, 45.06 feet to the
POINT OF BEGINNING.
Prepared under the supervision of:
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Grego K rlen PLS 6625 � y�r
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PLACEHOLDER FOR EXHIBITS B AND/OR C
(If Applicable)
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