PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (the "Agreement"), is dated as of , 202 _ ("Effective Date"), and is entered into by and between the CITY OF FAIRFIELD, a municipal corporation ("Seller") and _MANK.AS CORNER HOLDINGS, LLC, a Texas limited liability company ("Buyer").
RECITALS
A. Seller is the owner of the land located on 3305 Cherry Hills Court; APN 0151-880-140 and as described on Exhibit "A" attached hereto (the "City Parcel").
B. Buyer wishes to acquire a portion of the Property, and Seller is willing to convey a 3,612 square foot portion of the Property as described on Exhibit "B" attached hereto (the "Property")
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
The following capitalized terms as used in this Agreement shall have the respective meanings set forth below:
Section 1.1 Approval Notice means the written notice provided by the Buyer to Escrow Holder stating that Buyer approves any documents provided by Seller to Buyer pertaining to the property, and the Property's physical condition and zoning.
Section 1.2 Escrow Holder shall mean Placer Title Company at 1300 Oliver Road, Suite 120, Fairfield, CA 94534, Attn: Kelly Guglielmo.
Section 1.3 Grant Deed shall mean a grant deed in the form attached hereto as Exhibit Section 1.4 Hazardous Materials shall include, but not be limited to, substances defined as "hazardous substances," "hazardous materials," "pollutant or contaminant," "imminently hazardous chemical substance or mixture," "hazardous air pollutant," "toxic pollutant," "hazardous waste," "extremely hazardous waste" or "toxic substances" in any of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; The Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.; and those substances defined as "hazardous substances" in §25316 of the California Health & Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws (collectively, "Hazardous Materials Laws").
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Section 1.5 Investigation Period means the due diligence period for the Buyer to conduct an investigation of the Property's physical condition as provided in Section 2.10.
Section 1.6 Title Company shall mean the Escrow Holder.
ARTICLE 2. PURCHASE AND SALE OF PROPERTY.
Section 2.1 Sale of the Property by the Seller to the Buyer. The Seller hereby agrees to sell the Property to Buyer, and Buyer hereby agrees to buy the Property, for the sum of One Thousand Five Hundred Dollars ($1,500.00) (the "Purchase Price").
Section 2.2 Escrow.
Section 2.2.1 Opening of Escrow. Within five (5) days after the Effective Date, Buyer and Seller shall deliver a copy of this executed Agreement to Escrow Holder and shall open an escrow (the "Escrow") with the Escrow Holder for the conveyance of the Property to the Buyer.
Section 2.2.2 Close of Escrow. "Close of Escrow" or "Closing" means the date Escrow Holder causes the Grant Deed to be recorded in the Official Records of the County of Solano. Close of Escrow shall occur within ten ( 10) days following the expiration of the later to occur of (a) Seller's cure of the exceptions to which Buyer provided before the expiration of the Objection Deadline (as defined in Section 2.5) and to which Seller agreed to cure per Section
2.6, or (b) the Investigation Period (as defined in Section 2.10 below) (the "Closing Deadline").
If for any reason other than a default by the Seller or Buyer the Closing does not occur on or before the Closing Deadline, this Agreement shall automatically terminate, unless extended in writing by both parties (the "Parties"), and all documents and monies previously deposited into the Escrow shall be promptly returned to the appropriate Party and each Party shall pay one-half (l/2) of any Escrow charges and fees in connection with such termination.
If the Closing does not occur due to a default by a Party, the Agreement shall be automatically terminated, and that defaulting Party shall pay all escrow and title cancellation changes.
Section 2.3 Conditions to Buyer's Obligations. The following are conditions precedent (collectively, "Buyer's Contingencies") to the Close of Escrow and Buyer's obligation to acquire the Property, which contingencies may be waived in writing in whole or in part by Buyer, at or prior to the time prescribed herein for approval or disapproval, as the case may be:
(i) Prior to the expiration of the Investigation Period (as provided in Section 2.10) below, Buyer's delivery of the Approval Notice; (ii) At the closing, the absence of an Event of Default by Seller hereunder.
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Section 2.4 Conditions to Seller's Obligations. The absence of an Event of Default by Buyer hereunder is a condition precedent ("Seller's Contingencies") to the Close of Escrow and Seller's obligation to sell the Property, which may be waived in writing by Seller.
Section 2.5 Title. Seller shall promptly deliver to Buyer (by email to [email protected] and [email protected]) a current preliminary report for the Property from the Title Company with hyperlinks to the documents listed as title exceptions therein. Buyer shall have ten (10) days after its receipt of same to object to such exceptions to title by written notice to Seller and Escrow Holder (the "Objection Deadline").
Section 2.6 If Buyer does not object in writing to any other exception by said Objection Deadline, Buyer shall be deemed to have approved such exception. If Buyer timely objects in writing to the Seller regarding any exception, Seller shall notify Buyer whether Seller is willing to remove any such exception by written notice given within five (5) days after receipt of Buyer's written notice, and if Seller is willing to remove any such exception, Seller shall attempt in good faith to remove such exception prior to Close of Escrow, but if Seller is unable to remove the exception prior to the Close of Escrow, then Buyer may terminate this Agreement, in which event all rights, obligations and liabilities of Seller and Buyer under and pursuant to this Agreement shall terminate ( except for obligations and liabilities under this Agreement that expressly survive the termination of this Agreement) and all documents and monies previously deposited into the Escrow shall be promptly returned to the appropriate Party and each Party shall pay one-half (l/2) of any Escrow charges and fees in connection with such termination. In no event shall Seller be obligated to expend any material sum or sums attempting to remove any title exception.
Section 2.7 Deposit of Documents and Funds In Escrow. Seller and Buyer, as applicable, hereby covenant and agree to deliver at least one (I) day prior to the Close of Escrow the following instruments, documents, and funds, the delivery of each of which shall be a condition of the applicable Close of Escrow.
Section 2.7.1 Seller shall deliver to Escrow:
(i) an original of the Grant Deed, duly executed by
Seller and acknowledged (which includes the post-closing requests described in Article 6 below);
(ii) such funds as are required to pay for costs and
expenses payable by Seller hereunder;
(iii) such proof of Seller's authority and authorization to enter into this transaction, and such other documents, as the Title Company may reasonably require in order to issue the Title Policy (including Title Company's standard owner's affidavit) or close this transaction.
Section 2.7.2 Buyer shall deliver to Escrow:
(i) any funds that are required to pay for costs and
expenses payable by Buyer hereunder; and
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(ii) such proof of Buyer's authority and authorization
to enter into this transaction, and such other documents, as the Title Company may reasonably required to issue the Title Policy or close this transaction.
Section 2.8 Authorization to Record Documents and Disburse Funds. Escrow Holder shall record the Grant Deed and apply additional funds to costs as shown in the Preliminary Settlement prepared by Escrow Holder and approved by Buyer and Seller provided each of the following conditions has then been fulfilled:
Section 2.8.1 Escrow Holder shall have received Seller's and Buyer's authorization to close upon the terms and conditions herein, which authorization shall not be unreasonably withheld, conditioned or delayed; and
Section 2.8.2 Seller and Buyer shall have deposited in Escrow the documents and funds required to be deposited in Escrow pursuant to Section 2.7.
Section 2.9 Costs Charges and Prorations.
Section 2.9.1 Assessments shall be apportioned with respect to the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with title during the entire day upon which the Close of Escrow occurs. (The parties acknowledge that Seller is exempt from property taxes and no property taxes shall be allocated to Seller, nor Buyer for the period prior to its ownership of the Property.)
Section 2.9.2 Escrow Holder shall prepare a Preliminary Settlement Statement describing all costs to be paid by Buyer and Seller respectively, for approval by Buyer and Seller prior to the Close of Escrow.
Section 2.10 Investigation Period; Documents and Physical Condition. It is understood and agreed upon and between the parties hereto that Buyer's acquisition of the Property is subject to and conditioned upon its inspection of the Property. The Seller shall provide to Buyer within five (5) days after the Effective Date copies of all material documents, reports, and correspondence in the Seller's possession or control that relate to the Property. The Investigation Period shall expire at 5 p.m. on the earlier of: (i) the date on which the Buyer delivers the Approval Notice, or (ii) the date that is fifteen (15) days after the Effective Date of this Agreement (the "Investigation Period").
Commencing on the Effective Date, Buyer and its agents, employees, consultants and representatives may enter upon the Property: (i) after providing evidence of reasonable insurance coverage meeting the Seller's standard requirements, and (ii) upon twenty-four (24) hour prior written notice sent to the Seller, in order to investigate, conduct and carry out any and all inspections, tests and studies as Buyer deems appropriate or Buyer's lender requires regarding the physical condition of the entire Property; provided, however, that Seller's agent may request to be present during such inspections, and Buyer shall reasonably accommodate Seller in arranging a mutually convenient inspection time so that Seller or Seller's agents may be present. -4-
Buyer shall have the right to terminate this Agreement at any time prior to the expiration of the Investigation Period by delivering to Seller written notice of Buyer's election to terminate this Agreement, describing the condition disapproved by Buyer.
Buyer shall indemnify, defend and hold Seller harmless from and against any claims, losses, liabilities, costs, damages, injuries and expenses arising from or related to the activities of Buyer and Buyer's consultants/contractors on or about the Property during the Investigation Period.
If this Agreement is terminated or if escrow fails to close for any reason, Buyer shall promptly restore the Property to substantially the same condition as existed prior to Buyer's undertaking of any invasive testing thereon. All studies and reports prepared in connection with Buyer's inspection of the Property are to be done at the expense of Buyer; provided, that Buyer shall provide Seller with a copy of all the reports without cost (and without representation or warranty). Buyer's obligations hereunder shall survive the closing and the termination of this Agreement for any reason.
Section 2.11 "AS-IS" Condition of the Property. Other than as expressly set forth in this Agreement, Buyer agrees that it is purchasing the Property in its "AS-IS" condition as of the date of the Close of Escrow, with all faults, and without representation or warranty, express or implied.
Section 2.12 Brokers' Commissions. Each party represents and warrants to the other that it has not used any broker, agent, finder or other person in connection with this transaction contemplated hereby to whom a brokerage or other commission or fee may be payable.
ARTICLE 3. HAZARDOUS MATERIALS
AS OF THE CLOSING, THE BUYER, ON BEHALF OF ITSELF AND ITS
SUCCESSORS, HEREBY FULLY AND ENTIRELY RELEASES AND DISCHARGES THE
SELLER (INCLUDING, BUT NOT LIMITED TO, THE SELLER'S OFFICERS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SUCCESSORS, ADMINISTRATORS, ASSIGNS, AND ATTORNEYS (COLLECTIVELY, "RELEASED PARTIES") AND OF EACH OF THEM, OF
AND FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, LIABILITIES,
DAMAGES, AND LOSSES, OF WHATEVER NATURE, ANTICIPATED OR
UNANTICIPATED, KNOWN OR UNKNOWN, ON ACCOUNT OF THE PHYSICAL
CONDITION OF THE PROPERTY, THE SUITABILITY OF THE PROPERTY FOR THE
PURPOSES FOR WHICH IT IS ACQUIRED BY THE BUYER, OR THE PRESENCE OF ANY
HAZARDOUS MATERIALS IN, ON, UNDER, OR ABOUT THE PROPERTY OR IN CONNECTION WITH, OR IN ANY WAY RELATED TO THE PROPERTY.
THIS RELEASE CONSTITUTES AN EXPLICIT W AIYER BY THE BUYER, AND ITS
SUCCESSORS AND ASSIGNS, OF EACH AND ALL OF THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HA VE
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MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.''
ARTICLE 4. INDEMNITY
Section 4.1 From and after the Effective Date, Buyer hereby agrees to indemnify, defend, protect, and hold harmless the Seller and any and all officials, agents, employees and representatives of the Seller ("Indemnified Parties"), from and against all losses, liabilities, claims, damages, penalties, fines, forfeitures, costs and expenses (including all reasonable out-of pocket litigation costs and reasonable attorney and expert fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with:
(i) any breach or default by Buyer under this Agreement; (ii) any of Buyer's activities on the Property (or the activities of Buyer's agents, employees, lessees, representatives. licensees, guests. invitees, contractors, subcontractors, or independent contractors on the Property), including without limitation, construction and operation of improvements on the Property; and
(iii) any other acts, occurrences, omissions or other matters that take place or exist on the Property after the Close or Escrow,
in each case. regardless or whether such losses, liabilities, claims, damages, penalties, fines. forfeitures. costs, expenses and demands shall accrue or are discovered before or after termination or expiration of thi Agreement. The Seller may in its discretion, and at its own cost, participate in the defense of any such legal action. The provisions of this Section shall survive the Close or Escrow or the termination of this Agreement as applicable.
ARTICLE 5. EVENTS OF DEFAULT AND REMEDIES
Section 5.1 Events of Default. Any breach of this Agreement which is not cured within thirty (30) clays after written notice from the non-defaulting party setting forth the nature of the default and the actions. ii' any. required to cure such default, shall constitute an "Event of Default" by the party in default.
Section 5.2 Buyer's Remedies. If any Event of Default by Seller occurs, then the Buyer shall be entitled to all remedies available at law or in equity. including, without limitation, specific performance, it being acknowledged by Seller with respect to a specific performance action that the Property is unique and that monetary damages wi II not adequately compensate Buyer for its loss of the Property.
Section 5.3 Seller's Remedies. If any Event ofD efault by Buyer occurs under the terms of this Agreement, Buyer shall be responsible for all cancellation charges required to be paid to Title Company.
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ARTICLE 6. GENERAL PROVISIONS
Section 6.1 Construction. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits hereto.
Section 6.2 Time of the Essence. Time is of the essence of this Agreement and all Parties' obligations hereunder.
Section 6.3 Notices. Notices, demands and communications between the Seller and the Buyer shall be deemed sufficiently given if addressed as set forth below and: (i) sent by certified mail, postage prepaid, return receipt requested, or (ii) sent by nationally recognized reputable overnight delivery service. Such written notices, demands and communications may be sent in the same manner to such other addresses or to such other address as any Party may from time to time designate by mail as provided in this Section, and shall be deemed received upon delivery or refusal of delivery, as shown on the return receipt, if mailed, or one (1) business day after deposit of same with a nationally recognized reputable overnight delivery service for overnight delivery if sent by such a delivery service.
To Buyer:
To Seller:
Mankas Comer Holdings, LLC
2875 Mankas Corner Road
Fairfield, CA 94534
Attn: Steve Van Dewark
City of Fairfield
1000 Webster St., 2nd Floor
Fairfield, California 94533
Attn: Jennifer Rice
Section 6.4 Authority of City Manager. The City Manager of Seller is authorized to give all consents and approvals and sign all documents contemplated hereunder on behalf of the Seller provided they are in writing, and may extend deadlines such as but not limited to the Closing Deadline, for up to sixty ( 60) days, and may enter into other non-substantive amendments provided the extensions and amendments are express and in writing.
Section 6.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
Section 6.6 Waiver. The waiver by the Seller or the Buyer of any breach by the other party of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. Either party's acceptance of any performance by the other party after the due date of such performance shall not be deemed to be a waiver by either party of any preceding breach by the other party of any term, covenant, or condition of this Agreement, regardless of such party's knowledge of such preceding breach at the time of acceptance of such performance. Any waiver must be express, in writing and executed by the party making the waiver.
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Section 6. 7 Entire Agreement. This Agreement, together with all attachments and exhibits hereto and all documents to be executed and delivered pursuant to this Agreement, constitutes the entire understanding and agreement of the Parties hereto. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.
Section 6.8 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
Section 6.9 Severability. · Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written.
SELLER:
CITY OF FAIRFIELD,
A municipal corporation
By: _
Print Name: - - - - - - - - - - - - Title: City Manager ATTEST
BUYER:
MANKAS CORNER HOLDINGS, LLC,
a Texas limited liability company
. Jayson Adair
By: _
_ _ _ _ _ _ _ _ _ , City Clerk
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Exhibit "A"
Exhibit "B"
Exhibit 'C"
List of Exhibits
Legal Description of City Parcel
Legal Description of Property
Form of Grant Deed
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EXHIBIT "A"
LEGAL DESCRIPTION OF CITY PARCEL
ALL THAT REAL PROPERTY LOCATED IN THE UNINCORPORATED LANDS OF
SOLANO COUNTY, AND WITHIN THE CITY LIMITS OF THE CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE "DESIGNATED REMAINDER" PARCEL AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP 8. GALE WILSON SCHOOL ADDITIONAL PARKING LOT", RECORDED OCTOBER 71999 IN BOOK41 OF PARCEL MAPS, AT PAGE 55, SOLANO COUNTY RECORDS, ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID DESIGNATED REMAINDER PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00°01 '46" WEST, 60.19 FEET TO A POINT BEING ON THE WESTERLY PROLONGATION OF THE SOUTH LINE OF THE LANDS DESCRIBED IN THE DEED TO THE FAIRFIELD SUISUN UNIFIED SCHOOL DISTRICT RECORDED IN BOOK 1989 OF OFFICIAL RECORDS SERIES NUMBER 9007, SOLANO COUNTY RECORDS; THENCE ALONG
SAID SOUTH LINE AND THE WESTERLY PROLONGATION THEREOF SOUTH 86°16'42" EAST, 104.04 FEET; THENCE CONTINUING ALONG THE EXTERIOR
BOUNDARY OF SAID DESIGNATED REMAINDER PARCEL THE FOLLOWING EIGHTEEN (18) COURSES:
1. SOUTH 76°55'18" EAST, 266.10 FEET;
2. THENCE SOUTH 82°33'44" EAST, 191.58 FEET;
3. THENCE NORTH 14°22'46" EAST, 268.81 FEET;
4. THENCE SOUTH 75°54'04" EAST, 74.80 FEET;
5. THENCE ALONG A TANGENT CURVE TO THE LEFT CONCAVE TO THE NORTH HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 46°03'36", AN ARC LENGTH OF 80.39 FEET TO A POINT OF NON TANGENCY;
6. THENCE NORTH 81°36'31" EAST, 10.74 FEET;
7. THENCE SOUTH 65°02'38" EAST, 183.35 FEET;
8. THENCE SOUTH 50°17'40" EAST, 14.11 FEET;
9. THENCE ALONG A NON TANGENT CURVE, CONCAVE TO THE SOUTH EAST, FROM WHICH POINT THE CENTER BEARS SOUTH 74°14'36" EAST, HAVING A RADIUS OF 2065.00 FEET, THROUGH A CENTRAL ANGLE OF 2°05'40", AN ARC LENGTH OF 75.49 FEET, TO A POINT OF REVERSE CURVATURE;
10. THENCE ALONG A TANGENT CURVE TO THE RIGHT, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 1go34•2a•, AN ARC LENGTH OF 34.16 FEET TO A POINT OF
REVERSE CURVATURE, FROM WHICH POINT THE CENTER BEARS NORTH 54°40'09" WEST;
11. THENCE ALONG SAID REVERSE CURVE, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 21°24'35", AN ARC LENGTH OF 33.63 FEET TO A POINT OF TANGENCY;
12. THENCE SOUTH 13°55'16" WEST, 126.00 FEET;
13. THENCE ALONG A TANGENT CURVE TO THE RIGHT, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 82°49'52", AN ARC LENGTH OF 57.83 FEET TO A POINT OF TANGENCY;
14. THENCE NORTH 83°14'52" WEST, 118.41 FEET;
15. THENCE NORTH 76°55'18" WEST, 207.00 FEET;
16. THENCE NORTH 82°33'44" WEST, 162.80 FEET;
17. THENCE NORTH 76°55'18~ WEST, 264.15 FEET;
18. THENCE NORTH 86°16'42'' WEST, 95.27 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.38 ACRES, MORE OR LESS.
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EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
FOULK CIVIL ENGINEERING, INC.
CIVIL ENGINEERING - LAND SURVEYING
4777 MANGELS BOULEVARD
FAIRFIELD, CA 94534
OFFICE (707) 864-0784
FAX (707) 864-0793
Oct. 7, 2024
23-024
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY TO BE GRANTED TO THE
MANKAS CORNER HOLDINGS, LLC
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE LANDS OF THE CITY OF FAIRFIELD AS DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE LANDS OF THE
CITY OF FAIRFIELD AS DECRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, SAID POINT BEING ALONG THE NORTHERLY LINE OF MANKAS CORNER ROAD;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, N 0°01'46" W 60.15 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF THE CITY OF FAIRFIELD; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, S 86°16'42" E 60.i 3 FEET; THENCE LEAVING SAID NORTHERLY LINE, S 0°01 '46" E 60.25 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS
OF THE CITY OF FAIRFIELD, SAID POINT BEING ON SAID NORTHERLY LINE OF MANKAS CORNER ROAD; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF
THE CITY OF FAIRFIELD AND SAID NORTHERLY LINE OF MANKAS CORNER ROAD, N 86°10'42" W 60.14 FEET TO THE POINT OF BEGINNING.
Containing 3,612 Square Feet, more or less ~ \,AND~
~$> ~ '( D. i~~
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~ No. 7071 ,£:;-v:! ~ <::' 0~ 7 Ot:cAL\'<- ~ BRAD D. OULK, PLS 7071 EXPIRES: 12/31/2024
SHEET I OF I
t IIANKAS CORNER HOI.DINGS, LLC.
(2024-00029585)
APN 151- 150-22
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t:: / / / / / / /~ - - - :-.'lt, / / / / / / J· - -, - ·; ci' / / / / / /· ~ - 3/ / / / / / /~ !if QTY OF FAIRFIELD '° / / / / / / / ~ (2004-0018811JJ I ·0.<9 / / / / / / / / APN 151-880-14 . / , / / / / N8670'.#2"W/ / I r -..;.;.;:-=.:Ba~.1:.z;;.,,~ :...J _ - - --- - - - I --- --- --~t---
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EXPIRES 12- 31- 24
F CE FOULK CML BNGINBERING, INC.
CIYII lfnlloeerl,.. Load Surrey/,.. PIOllllUJI
4777 IIU11olo Boulevard , r a.1rt1old, CA IUll34
{707/804 - 0784 tu {707/884- 0793 •-mall: foullro••lfDl•ll.oom EXHIBIT '8' P<RTION OF THE LANDS OF
THE QTY OF FAIRFIELD TO BE GRANTED TO i-c= --"'- ~ ~ - -i IIANJ<AS CORNER HOI.DINGS, LLC. 0/WI/N 8~ A.JI
sa.ANO COUNTY, CAJ..JFORNIA C11ECK£O Bf. OJ
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OIIC: 2J-024
.KJIJ NO: 2J-024
EXHIBIT "C"
FORM OF GRANT DEED
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
Mankas Corner Holdings, LLC
2875 Mankas Comer Road
Fairfield, CA 94534
Attn: Steve Van Dewark
APN: A portion of APN 0151-880-140
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF FAIRFIELD, a municipal corporation ("Grantor"), hereby GRANTS to the MANKAS CORNER HOLDINGS, LLC, a Texas limited liability corporation ("Grantee"), that certain real property located in the City of Fairfield, County of Solano, State of California, more particularly described on Exhibit "A" attached hereto, including all improvements thereon (the "Property"), SUBJECT TO all matters of public record and all matters apparent from a diligent inspection of the Property,
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below.
GRANTOR:
CITY OF FAIRFIELD
By: _
Print Name: ----------- Title: City Manager
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
'--- - ~ '"== = = = = = = = = =='--- ' before me, _
)
)
(insert name and title of the officer)
Notary Public, personally appeared _
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ (Seal)
Exhibit A To Grant Deed
Legal Description
FOULK CIVIL ENGINEERING, INC.
CIVIL ENGINEERING - LAND SURVEYING
4777 MANGELS BOULEVARD
FAIRFIELD, CA 94534
OFFICE (707) 864-0784
FAX (707) 864-0793
Oct. 7, 2024
23-024
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY TO BE GRANTED TO THE
MANKAS CORNER HOLDINGS, LLC
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE LANDS OF THE CITY OF FAIRFIELD AS DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE LANDS OF THE
CITY OF FAIRFIELD AS DECRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, SAID POINT BEING ALONG THE NORTHERLY LINE OF MANKAS CORNER ROAD;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, N 0°01'46" W 60.15 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF THE CITY OF FAIRFIELD; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, S 86°16'42" E 60.i3 FEET; THENCE LEAVING SAID NORTHERLY LINE, S 0°01'46" E 60.25 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS
OF THE CITY OF FAIRFIELD, SAID POINT BEING ON SAID NORTHERLY LINE OF MANKAS CORNER ROAD; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF
THE CITY OF FAIRFIELD AND SAID NORTHERLY LINE OF MANKAS CORNER ROAD, N 86°10'42" W 60.14 FEET TO THE POINT OF BEGINNING.
Containing 3,612 Square Feet, more or less &:? \.AND~
f.'_£) # " D. ~ '9~
fflt 0
\~t ~ ~ Y,* '
~ =- -'---.P..:."""---- - - ___:_l~..'...!/;..s::.1,!1./'k.!,'..1-~- - ~ x No. 7071 r?-~:I BRADD. OULK, PLS 7071 ~~~OFcA\ . .\''<-O-P' EXPIRES: 12/31/2024 _ :,::;---
SHEET I OF I
MANKA$ CORNER HatJINGS, LLC.
(2024-00029565}
APN 151- 150-22
TRANSFER PARCEL
:fJ,612 SF
S8676~2"F:
--- --- -- 60.14'
MANKAS COR NE R ROAD
( COll N T YR OAON 0 . 9 9 )
APN 151-880-16
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----- ------- 1----- arr OF FAIRFIELD
(2004-00188713)
APN 151-880-14
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BRADLEY D. FOULK PLS 7071
EXPIRES 12- 31- 24
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F CE FOULK CIVIL BNGINEBRING, INC.
Cl-.11 1rn1ineerlD41 t. nd llun •P lllt Plonnllllt
4777 II UJlf' I• Boulevard, FalrlJ eld, CA 846:U ·
(101}8/U- 010< tu (101}8/U- 01113 o- m•U: foullroeep aU.oam EXHIBIT '8' PORTION OF THE LANDS OF
THE arr OF FAIRFIELD TO BE GRANTED TO
MANKA$ CORNER HatJINGS, LLC. t-'OH.cc-~C".'.'.IIN:"-8::::r.- A':'":.Jl::-- - -""j sa.ANO COIJNTY, CAJ.JFrJRNIA IJl((J([/} Br. OJ
CITY
SCAlE: ,•.,w· OATf: ,o '07 '24
011{;: 2J-024
JOB NO: 2J-024