PURCHASE AND SALE AGREEMENT
SALVADOR GARCIA & NANCY GARCIA MENDEZ
This Purchase and Sale Agreement ("Agreement") is entered into this day of → 2023 ("Effective Date"), by and between THE CITY OF RIVERSIDE, a California charter city and municipal corporation, ("Seller") and SALVADOR GARCIA &
NANCY GARCIA MENDEZ,
survivorship electively Buyer husband sideratin of community proper and in right os the parties agree to the following terms and conditions:
ARTICLE I
AGREEMENT OF SALE
1.1 Property. That certain vacant land located at the Northeasterly corner of Alhambra Addition on the westerly side of Mitchell Avenue in Riverside, California, and is a portion of Assessor's Parcel Number 154-391-011 ("Property"), more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein by reference.
1.2 Intention. Buyer desires to purchase in fee the Property.
1.3 Due Diligence. Buyer shall have forty-five (45) days from the Effective Date ("Contingency Date") to perform, in its sole discretion, its due diligence review of the condition of Property and all other matters concerning the Property, including without limitation, economic, financial, and accounting matters relating to or affecting the Property or its value, and the physical and environmental condition of the Property. Prior to the Contingency Date, Buyer shall have made such inquiries, communicated with local, state and federal government agencies as it sees fit, retained such consultants, and taken such actions as Buyer deems necessary or appropriate to enter into this Agreement. Should Buyer, its contractors, consultants and agents require entry upon the Property for the purpose of surveying the same, making engineering and environmental tests and conducting such other investigations as approved by Seller, Buyer shall first obtain a Right of Entry from Seller and provide such insurance as Seller may require and hold Seller harmless from any liability which may arise due solely to such entry. Seller authorizes Buyer to make all inquiries of appropriate governmental authorities with respect to the Property, as Buyer, in its good faith and reasonable judgment deems necessary to satisfy itself as to the condition of title to the Property and the feasibility of any proposed development on the Property. On or before the Contingency Date, Buyer shall deliver written notice to Seller accepting the Property, or terminating this Agreement. If Buyer fails to give such notice on or before the Contingency Date, Buyer shall be deemed to have accepted the Property and proceed with this Agreement.
Assumption of the Risk. Subject to the other provisions of this Agreement, Buyer agrees, that by its acceptance of the Property under Section 1.3, it assumes the risk that an adverse condition of the Property may not have been revealed by its own Due Diligence. On Buyer's acceptance, Seller shall have no obligation to repair, correct, or compensate Buyer for any condition of the Property, including defects in improvements, noncompliance with applicable laws and regulations, including without limitation zoning laws, building codes, and the Americans with Disabilities Act, whether or not such condition of the Property would have been disclosed by Buyer's Due Diligence.
Covenant. Buyer acknowledges, Buyer must process a parcel merger to merge Buyer's property with the Property and that Buyer cannot sell the Property separate from Buyers Property. To ensure compliance, Buyer shall execute and record at closing a Covenant to restrict the Open sale of the Property with the adjacent property, a sample of which is attached as Exhibit "B" attached hereto and incorporated herein by reference.
ARTICLE II
PURCHASE PRICE AND ESCROW
Purchase Price. The total purchase price to be paid by Buyer to Seller for the Property shall be the sum of Four Thousand Two Hundred Thirteen Dollars ($4,213.00) ("Purchase Price"). The Purchase Price shall be payable to Seller in immediately available funds in accordance with the provisions and requirements of this Agreement.
Escrow. Upon execution of this Agreement by the parties, Seller shall open an escrow ("Escrow") with an escrow company of Seller's choosing ("Escrow Holder") for the purpose of consummating this Agreement. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to complete this transaction. Any such instructions shall not conflict with, amend, or supersede any provision of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control.
ARTICLE III
CLOSING
3.1 Closing Date. The transaction shall close on or before one hundred twenty (120) days following the Effective Date ("Closing"). If the transaction is not in a condition to close by the Closing, any party who is not then in default, upon notice in writing to the other party may cancel the transaction.
3.2 Closing Documents.
3.2.1 Seller, prior to the Closing, shall have prepared each of the following items:
(a) a deed sufficient for recording, conveying the Property; and (b) all additional documents and instruments which may be reasonably necessary to consummate the sale of the Property in accordance with the terms of this Agreement.
2 3.2.2 Buyer, prior to the Closing, shall deliver to Seller each of the following items, the delivery of each of which shall be a condition to the performance by Seller of its obligations under this Agreement:
(a) the Purchase Price to be paid to Seller and other cash charges provided for in this Agreement;
(b) An executed Covenant to restrict the open sale of the Property, sufficient for recording, as attached hereto as Exhibit B and incorporated herein by this reference; and
(c) all additional documents and instruments which may be reasonably necessary for the Closing and to consummate the sale of the Property in accordance with the terms of this Agreement.
3.3 Taxes. Buyer understands and acknowledges that Seller, as a municipal corporation, is not being assessed for any real property taxes or for any special assessments.
However, upon the Closing, Buyer understands and acknowledges that real property taxes and special assessments will be assessed against the Property and Buyer will be responsible for the same. Buyer agrees to hold Seller harmless for any and all real property taxes and/or special assessments on the Property assessed on and after Closing.
3.4 Condition of Title. Seller shall convey fee simple merchantable and insurable title of the Property. Buyer, should it so choose, can open a title order with a company of its choice for the issuance of a title policy for the Property.
3.5 Costs. At the Closing, Buyer shall be responsible for: (i) all recording fees and any and all state, county, and local governmental transfer taxes, documentary or otherwise, and/or the cost of documentary stamps to be affixed to the instrument or instruments of conveyance; (ii) the cost of Buyer's Title Policy premium and associated costs; (iii) any taxes disclosed in Section 3.3; (iv) all escrow fees and costs; and (v) any other expenses customarily charged to Buyer in connection with similar transactions including its own attorney's fees, if any.
Brokerage Commissions. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any licensed real estate broker or person who can claim a commission or finder's fee as a procuring cause of the sale contemplated in this Agreement. If any broker or finder perfects a claim for a commission or finder's fee based on any contract, dealings, or communication with a party (Indemnifying Party), then the Indemnifying Party shall indemnify, defend, and hold the other party (Nonindemnifying Party) harmless from all costs and expenses (including reasonable attorney fees and costs of defense) incurred by the Nonindemnifying Party in connection with such claim.
3 ARTICLE IV
"AS-IS" PURCHASE
As-Is Information. Buyer acknowledges, agrees, represents, and warrants that:
(a) any information supplied or made available by Seller, whether written or oral, or in the form of maps, surveys, plats, soils reports, engineering studies, environmental studies, inspection reports, plans, specifications, or any other information whatsoever, without exception, pertaining to the Property, any and all records and other documents pertaining to the use and occupancy of the Property, income thereof, the cost and expenses of maintenance thereof, and any and all other matters concerning the condition, suitability, integrity, marketability, compliance with law, or other attributes or aspects of the Property, or a part thereof, if furnished to Buyer, is furnished solely as a courtesy; (b) THE INFORMATION IS PROVIDED ON AN "AS-IS, WHERE- IS" BASIS AND SELLER MAKES NO REPRESENTATION, EXPRESS OR IMPLIED,
OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED
TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE INFORMATION; and (c) no representations have been made by Seller, or its agents or employees, in order to induce Buyer to enter into this Agreement. Without limiting the generality of the foregoing, Buyer acknowledges, agrees, warrants and represents to Seller that neither the Seller nor its agents or employees have made any representations or statements to Buyer concerning the Property's investment potential or resale at any future date, at a profit or otherwise, nor has Seller of its agents or employees rendered any advice or expressed any opinion to Buyer regarding any tax consequences of ownership of the Property.
4.2 As-Is Property. On the Closing, Buyer will be familiar with the Property and will have made such independent investigations as Buyer deems necessary or appropriate concerning the Property. Seller makes no representations or warranties and specifically disclaims any representation, warranty or guaranty, oral or written, past, present or future with respect to the use, physical condition or any other aspect of the Property, including without limitation the structural integrity of any improvements, the manner, construction, condition, state of repair or lack of repair of any improvements, the conformity of any improvements to any plans or specifications, including but not limited to, any plans and specifications that may have been or which may be provided to Buyer, the conformity of the Property to past, current or future applicable zoning or building code requirements or the compliance with any other laws, rules, ordinances, or regulations of any government or other body, the financial earning capacity or expenses history of the operation of the Property, the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition, or otherwise, the existence of soil instability, past soil repairs, soil additions or conditions of soil fill, susceptibility to landslides, sufficiency of undershoring, sufficiency of drainage, whether the Property is located wholly or partially in a flood plain or a flood hazard boundary or similar area, the existence or nonexistence of hazardous waste or other toxic materials of any kind, whether known or unknown and whether or not regulated or governed by applicable laws (including, without limitation, hydrocarbons or asbestos), or any other matter affecting the condition, stability, suitability or integrity of the Property or portion thereof. 4 4.3 Negligence or Failure to Investigate. Seller shall not be responsible for any negligent misrepresentation or failure to investigate the Property on the part of Seller, any real estate broker or agent, or any other agent, contractor or employee of Seller or any third party.
4.4 As-Is. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE PROPERTY IS BEING SOLD AND ACCEPTED ON AN "AS-IS, WHERE-IS"
BASIS, AND IS BEING ACCEPTED WITHOUT ANY REPRESENTATION OR WARRANTY. IF BUYER ELECTS TO PROCEED WITH THE PURCHASE OF THE
PROPERTY, ANY OBJECTIONS WHICH BUYER MAY HAVE WITH RESPECT TO
THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL
MATTERS, HAZARDOUS SUBSTANCES, WASTES OR TOXIC MATERIALS THAT
MAY BE LOCATED ON, UNDER OR ABOUT THE PROPERTY, WHETHER KNOWN OR UNKNOWN) SHALL BE WAIVED BY BUYER.
4.5 Past Uses. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES AS PART OF ITS ACCEPTANCE OF THE PROPERTY ON AN "AS-IS, WHERE-IS"
BASIS THAT BUYER IS AWARE OF ALL PRIOR USES OF THE PROPERTY THAT MAY LEAD TO CONTAMINATION OF THE PROPERTY. BUYER HAS OBTAINED
AND READ ALL ENVIRONMENTAL ASSESSMENTS REGARDING THE PROPERTY
WHICH A REASONABLY DILIGENT BUYER WOULD HAVE OBTAINED PRIOR TO THE PURCHASE THEREOF. BUYER ASSUMES ALL RESPONSIBILITY FOR ANY
CONTAMINATION THAT IS PRESENT ON THE PROPERTY DUE TO PRIOR AND/OR EXISTING USES OF THE PROPERTY.
4.6 Waivers. AS PART OF BUYER'S AGREEMENT TO PURCHASE AND ACCEPT THE PROPERTY "AS-IS, WHERE-IS", AND NOT AS A LIMITATION ON
SUCH AGREEMENT, BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY
WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS BUYER MIGHT HAVE
REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR TYPE, RELATING TO THE PROPERTY AND IT IMPROVEMENTS. SUCH WAIVER IS ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY.
SUCH WAIVER INCLUDES, BUT IS NOT LIMITED TO, A WAIVER OF EXPRESS
WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A
PARTICULAR USE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF
HABITABILITY, STRICT LIABILITY RIGHTS AND CLAIMS OF EVERY KIND AND
TYPE, INCLUDING, BUT NOT LIMITED TO, CLAIMS REGARDING DEFECTS
WHICH WERE NOT OR ARE NOT DISCOVERABLE, PRODUCT LIABILITY
CLAIMS, PRODUCT LIABILITY TYPE CLAIMS, ANY RIGHTS AND CLAIMS
RELATING OR ATTRIBUTABLE TO ENVIRONMENTAL CONDITIONS, ALL
OTHER ACTUAL OR LATER CREATED OR CONCEIVED OR STRICT LIABILITY OR STRICT LIABILITY TYPE CLAIMS AND RIGHTS.
BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH IS SET FORTH BELOW:
5 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
BY INITIALING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF SAID SECTION 1542 IN CONNECTION WITH THE MATTERS WHICH ARE THE
SUBJECT OF THE FOREGOING ACKNOWLEDGMENTS, WAIVERS AND
RELEASES SET FORTH IN THIS ARTICLE • 5: 6.
Buyer's Initials
ARTICLE V
REPRESENTATIONS, WARRANTIES AND INDEMNITIES
5.1 Seller's Representations, Warranties and Covenants. Seller hereby represents, warrants and covenants to Buyer as of the date of this Agreement, and upon the Closing, as follows, all of which shall survive the Closing:
5.1.1 Seller is a municipal corporation and has the full power and authority to enter into and carry out the agreements contained in, and transactions contemplated by, this Agreement. The person(s) signing this Agreement and any documents and instruments in connection herewith on behalf of Seller have full power and authority to do so. This Agreement has been duly authorized and executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Seller.
5.1.2 There are no attachments, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Seller or filed by Seller, or to the best of Seller's knowledge, pending in any current judicial or administrative proceeding against Seller.
5.1.3 Seller has not entered into any other written contracts or agreements for the sale or transfer of any portion of the Property.
5.1.4 To Seller's knowledge, Seller has received no written notice of any hazardous materials located on, under, or about the Property, except as disclosed to Buyer.
The material truth and accuracy of the foregoing representations and warranties shall be a condition of Buyer's obligations hereunder. Prior to the Closing, Seller shall notify Buyer of any facts or circumstances which are contrary to the foregoing representations and warranties.
5.2 Buyer's Representations and Warranties. Buyer hereby represents, warrants and covenants to Seller as of the date of this Agreement, and upon the Closing, as follows, all of which shall survive the Closing:
5.2.1 The person(s) signing this Agreement and any documents and instruments in connection herewith on behalf of Buyer have full power and authority to do so. This Agreement has been duly authorized and executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer.
5.2.2 There are no attachments, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Buyer or filed by Buyer, or to the best of Buyer's knowledge, pending in any current judicial or administrative proceeding against Buyer.
The material truth and accuracy of the foregoing representations and warranties shall be a condition of Seller's obligations hereunder. Prior to the Closing, Buyer shall notify Seller of any facts or circumstances which are contrary to the foregoing representations and warranties.
5.3 No Warranties. Except for those representations and warranties expressly set forth in this Agreement, the parties understand and acknowledge that no person acting on behalf of Seller is authorized to make, and by execution hereof Buyer acknowledges that no person has made any representations, agreement, statement, warranty, guaranty or promise regarding the Property or the transaction contemplated herein, or regarding the zoning, construction, development, physical condition or other status of the Property. Without limiting the generality of the foregoing, Seller makes no representation or warranties with respect to the amount or types of fees required to obtain building permits or otherwise to rezone and develop the Property.
ARTICLE VI
DEFAULTS
6.1 Default. A party shall be deemed in default hereunder if any of the warranties or representations set forth herein are or become untrue or if it fails to meet, comply with, or perform any covenant, agreement, or obligation on its part required within the time limits and in the manner required in this Agreement for any reason other than a default by the other party hereunder or termination of this Agreement prior to Closing.
6.2 Opportunity to Cure. No act, failure to act, event or circumstance which might be deemed to be a default by either party shall be deemed to be a default under any of the provisions of this Agreement, unless and until, notice thereof is first given by the non-defaulting party to the party alleged to be in default and said party fails to cure the alleged default within fifteen (15) days in the case of a non-monetary default, or five (5) days in the case of a monetary default.
6.3 Remedies. If Buyer is deemed to be in default hereunder, Seller shall be entitled to termination of this Agreement, at its discretion.
6.4 Waiver of Right to Specific Performance. If Seller fails to convey the Property to Buyer in accordance with the provisions of this Agreement, and such failure constitutes a default under this Agreement, Buyer hereby waives its right to receive any equitable relief, 7 including without limitation the right to record a lis pendens against the Property under applicable law or to pursue the specific performance of this Agreement.
ARTICLE VII
MISCELLANEOUS
7.1 Exhibits. All Exhibits annexed hereto are a part of this Agreement for all purposes.
7.2 Assignability. Buyer may not at any time assign any of its rights, title, and interest in and to this Agreement.
7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit o 'eller and Buyer, and their respective successors, heirs and permitted assigns
7.4 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and do not in any way affect, limit, amplify, or modify the terms and provisions hereof.
7.5 Number and Gender of Words. Whenever herein the singular number is used, the same shall include the plural where appropriate, and words of any gender shall include each other gender where appropriate.
7.6 Notices. All notices, terminations, waivers and other communications hereunder shall be in writing and shall be delivered personally or shall be sent by registered or certified United States mail or a nationally recognized, overnight courier service, postage prepaid, and addressed as follows:
If to Seller: The City of Riverside
Community & Economic Development Department
Real Property Services Division
3900 Main Street, 5th Floor
Riverside, CA 92522
Attn: Jennifer A. Lilley, AICP,
Community and Economic Development Director
Fax: (951) 826-5744
Phone: (951) 826-5665
If to Buyer: Salvador Garcia and Nancy Garcia Mendez
6730 Misty Ridge Drive
Riverside, CA 9255
Phone: 714-271-5344
Email: [email protected]
Any notice in accordance herewith shall be deemed received when delivery is received or refused, as the case may be. Additionally, notices may be given by telephone facsimile transmission, provided that an original of said transmission shall be delivered to the addressee by a nationally recognized overnight delivery service on the business day following such transmission. Telephone facsimiles shall be deemed delivered on the date of such transmission.
7.7 Governing Law and Venue. The laws of the State of California shall govern the validity, construction, enforcement, and interpretation of this Agreement. All claims, disputes and other matters in question arising out of or relating to this Agreement, or the breach thereof, shall be decided by proceedings instituted and litigated in the state court in the County of Riverside, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
Entirety. This Agreement embodies the entire agreement between the parties and supersedes all prior written or oral agreements and understandings, if any, between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.
7.9 Amendments. This Agreement may be amended or supplemented only by written documents signed by the parties.
7.10 Severability. If any of the provisions of this Agreement, or its application to any party or circumstance, is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. In lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible to make such provision legal, valid, and enforceable.
7.11 Further Acts. In addition to the acts and deeds recited herein and contemplated and performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered at the No dad Beer a ste to Closing or after the Closing any and all such further acts, deeds, and assurances as may be necessary to consummate the transactions contemplated herein.
7.12 Construction. No provision of this Agreement shall be construed in favor of, or against, any particular party by reason of any presumption with respect to the drafting of this Agreement; both parties, being represented by counsel, having fully participated in the negotiation of this instrument.
7.13 Time of the Essence. It is expressly agreed by the parties hereto that time is of the essence with respect to each and every provision of this Agreement. 9 7.14 Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded
7.15 Nondiscrimination. The parties shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical or mental disability, medical conditions, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, gender, gender expression, gender identity, or military or veterans status in connection with the performance of this Agreement. The parties further agree to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
7.16 Ratification. This Agreement may be subject to the approval and ratification by the City Council of the City of Riverside. In the event the City Council fails to approve this Agreement, there shall be no liability on the part of the Seller and this Agreement shall become null and void and of no further force and effect.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
Seller: Buyer:
THE CITY OF RIVERSIDE, a SALVADOR GARCIA and NANCY GARCIA California charter city and MENDEZ, husband and wife as community municipal corporation property with right of survivorship By buda Sir 715-33
By.
City Manager Salvador Garcia
ATTESTED TO:
By. By_ 2-15-23
City Clerk Nancy Garcia Mendez.
APPROVED AS TO FORM:
Susun LIsa
City Attorney
C:\Users\swilson\AppData\Local\Microsoft\Windows\INetCachelContent.Outlook\S7Q0993C\00672538.doc CA: 22-1320 Rev: 11/16/22
11 EXHIBIT "A"
LEGAL DESCRIPTION / PLAT MAP
(Portion of 154-391-011)
(Following pages)
EXHIBIT "A"
LEGAL DESCRIPTION
Project: Plant No. 616 B(1) - Mitchell - Surplus
APN: 154-391-011
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:
That Portion of Section 34, Township 2 South, Range 4 West, as shown by Sectionalized Survey of Rancho La sierra as shown by map on file in Book 6, Page 70 of Maps, Records of Riverside County California, described as follows:
BEGINNING at the Northeast corner of Alhambra Addition, as shown by map on file in Book 11, Page 78 and 79 of Maps, Records of Riverside County California; Thence North 01°52' East, a distance of 20.00 feet;
Thence North 89°56'50" West, parallel with the Northerly line of said Alhambra Addition, a distance of 80.00 feet;
Thence South 01°52' West, a distance of 20.00 feet, to a point on the Northerly line of said Alhambra Addition;
Thence South 89°56'50" East, on said Northerly line, a distance of 80.00 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM the Easterly 20.00 feet for Highway and Public Utility Purposes.
ALSO EXCEPTING THEREFROM that portion lying Easterly of the following described line.
COMMENCING at the said Northeast corner of Alhambra Addition, Thence North 89°56'50" West, on said Northerly line of Alhambra Addition, a distance of
36.06 feet to the beginning of a non-tangent curve, concave Westerly and having a radius of 467.00 feet, a radial line to said point bears North 85°19'21" East, also being the BEGINNING of this line description;
Thence Northerly to the left along said curve an arc length of 12.76 feet through a central angle of 01°33'35" to a point of reverse curvature and a curve concave Easterly, having a radius of 533.00 feet;
Plant 616 B(1) Mitchell Surplus Legal doc
Thence Northerly to the right along said curve an arc length of 7.33 feet through a central angle of 00°47'16" to a point on the Northerly line of the above descried parcel and the END of this line description.
Area - 852.8 S.F. more or less
LAND
ICENSED CURTIS SURVEYOR
This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. *
1/21/22 Prep. KATE L.S. 7519
Curtis C. Stephens, L.S. 7519 Date OK CALIFORNIA
Plant 616 B(1) Mitchell Surplus Legal.doc
MISTY RIDGE DRIVE
AVENUE 126.99' NO1 52'E
46 47 R.4W., S.B.M.
SEC. 34
SURPLUS PARCEL
PLANT 616 B(1) -MITCHELL R=500*" T.2S.,
POR APN 154-391-011
AREA - 852.8 S.F. ‡
L2
TRACT NO. 23154 C1
- L1
M.B. 202/1-5 L3
C2• 20' FOR HIGHWAY
& PUBLIC UTILIT
R1 L5 PURPOSE
L4
-P.O.B.
45 ALHAMBRA ADDITION
M.B. 11/78
LINE DATA CURVE DATA RADIAL DATA 25'H
SYM BEARING LENGTH SYM RADIUS DELTA LENGTH SYM BEARING
L1 N01 52'E 20.00 C1 533.00' 0047'16" 7.33' R1 N85°19'21"E L2 N89'56'50"W 80.00' C2 467.00 013355" 12.76 N01 52E
L3 S01•52 W 20.00'
L4 S89'56'50"E 80.00'
L2 N89"56'50"W 36.06
• CITY OF RIVERSIDE, CALIFORNIA •
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 SCALE: 1"=40' DRAWN BY: CURT DATE: 1/12/22 SUBJECT: SURPLUS - PLANT NO. 616 B(1) - MITCHELL EXHIBIT "B"
SAMPLE COVENANT TO RESTRICT USE OF PROPERTY
(Following pages)
Exhibit "B"
WHEN RECORDED MAIL TO:
City Clerk
City of Riverside
City Hall, 3900 Main Street
Riverside, CA 92522
Project:
APN: 154-391-010 and 154-391-011
For Recorder's Office Use Only
COVENANT AND AGREEMENT AND DECLARATION OF RESTRICTIONS
TO HOLD PROPERTY AS ONE
THIS COVENANT AND AGREEMENT AND DECLARATION OF RESTRICTIONS is made and entered into this _day of_ _, 2023, by SALVADOR GARCIA & NANCY GARCIA MENDEZ, husband and wife as community property with right of survivorship, (collectively "Declarant") with reference to the following facts.
RECITALS
A. The City of Riverside was the owner of that certain vacant land located at the Northeasterly corner of Alhambra Addition on the westerly side of Mitchell Avenue in Riverside, California, and is a portion of Assessor's Parcel Number 154-391-011 ("City Property") as legally described and depicted on Exhibit "A" attached hereto and incorporated herein by reference.
Declarant is the owner of that certain single family residential property located at 6730 Misty Ridge Drive in Riverside, California, Assessor's Parcel Number 154-391-010 ("Declarant's Property") as legally described and depicted on Exhibit "B" attached hereto and incorporated herein by reference, and which is located adjacent to the City Property.
C. The City has no use for the City Property. Declarant has purchased or is purchasing the City Property.
H. As a condition of the sale of the City Property, City is requiring that any future sale or encumbrance of the City Property be tied to Declarant's Property. Declarant desires to hold the City Property and Declarant's Property as one parcel and therefore agrees to enter into the following covenants and agreements and declarations of restrictions as required by the City.
NOW, THEREFORE, incorporating the above recitals, Declarant hereby declares that the City Property is and hereafter shall be held, conveyed, transferred, mortgaged, encumbered, leased, rented, used, occupied, sold and improved subject to the following declaration, limitations, covenants, conditions, and restrictions, which are imposed as equitable servitudes on the City Property. All of the covenants, conditions, limitations and restrictions shall run with the land, shall be binding on and inure to the benefit of all parties having or acquiring any right, title or interest in the City Property or portion thereof, and shall be binding and inure to the benefit of each successor and assignee in interest of each such party. Any conveyance, transfer, sale, assignment, lease or sublessee made by Declarant of the City Property shall be and hereby is deemed to incorporate by reference all of the provisions of this Covenant. The Declarant hereto mutually agrees as follows:
Property to be Held as One. Declarant hereby agrees that the Declarant's Property and the City Property shall only by occupied, sold, transferred, encumbered, conveyed, leased and used as a single parcel. Declarant shall complete a lot merger so as to merge the Declarant's Property and the City Property into one parcel.
Noncompliance. In the event of noncompliance with any provision under this Covenant, the City may take any and all enforcement actions provided for by any provision of the Riverside Municipal Code, or exercise any other remedy under the law to which the City may be entitled.
3. Successors. This Covenant shall run with the land and shall be binding upon and inure to the benefit of Declarant, its heirs, successors, future owners, encumbrancers, and assigns with respect to the subject City Property, without any rights herein being deemed personal to any of them.
4. Deemed Consent. Any person who now or hereafter owns or acquires any right, title or interest in or to the City Property shall be deemed to have consented and agreed to every covenant, condition and restriction contained herein whether or not any reference to this Covenant is contained in the instrument by which such person acquired an interest in the City Property.
5. Consent of City. This Covenant shall not be modified, amended or terminated without the prior written consent of the Community & Economic Development Director of the City of Riverside, duly recorded.
IN WITNESS WHEREOF, Declarant has caused this Covenant and Agreement to be executed as of the day and year first written above.
By:
Salvador Garcia
By:
Nancy Garcia Mendez
APPROVED AS TO FORM APPROVED AS TO CONTENT
Susan D. Wilson Jennifer A. Lilley, AICP
Assistant City Attorney Community and Economic
Development Director
IIRc-citylawlcycom\WPDOCS\D013\P038\00676681.DOC
CA: 22-1320 Rev: 11/16/22
2 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On _ before me, → a
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 capacityies), 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On _ before me, - _ a
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 capacityies), 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Signature
Exhibit "A"
City Property
(Portion of APN: 154-391-011)
(Following pages)
EXHIBIT "A"
LEGAL DESCRIPTION
Project: Plant No. 616 B(1) - Mitchell - Surplus
APN: 154-391-011
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:
That Portion of Section 34, Township 2 South, Range 4 West, as shown by Sectionalized Survey of Rancho La sierra as shown by map on file in Book 6, Page 70 of Maps, Records of Riverside County California, described as follows:
BEGINNING at the Northeast corner of Alhambra Addition, as shown by map on file in Book 11, Page 78 and 79 of Maps, Records of Riverside County California; Thence North 01°52' East, a distance of 20.00 feet;
Thence North 89°56'50" West, parallel with the Northerly line of said Alhambra Addition, a distance of 80.00 feet;
Thence South 01°52' West, a distance of 20.00 feet, to a point on the Northerly line of said Alhambra Addition;
Thence South 89°56'50" East, on said Northerly line, a distance of 80.00 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM the Easterly 20.00 feet for Highway and Public Utility Purposes.
ALSO EXCEPTING THEREFROM that portion lying Easterly of the following described COMMENCING at the said Northeast corner of Alhambra Addition, Thence North 89°56'50" West, on said Northerly line of Alhambra Addition, a distance of
36.06 feet to the beginning of a non-tangent curve, concave Westerly and having a radius of 467.00 feet, a radial line to said point bears North 85°19'21" East, also being the BEGINNING of this line description;
Thence Northerly to the left along said curve an arc length of 12.76 feet through a central angle of 01°33'35" to a point of reverse curvature and a curve concave Easterly, having a radius of 533.00 feet;
Plant 616 B(1) Mitchell Surplus Legal doc
Thence Northerly to the right along said curve an arc length of 7.33 feet through a central angle of 00°47'16" to a point on the Northerly line of the above descried parcel and the END of this line description.
Area - 852.8 S.F. more or less
LAND
LICENSED CURTIS SURVEY
This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. *
1/21/22 Prep. WHATE L.S. 7519
Curtis C. Stephens, L.S. 7519 Date OF CALIFORNIA
Plant 616 B(1) Mitchell Surplus Legal.doc
MISTY RIDGE DRIVE
AVENUE 126.99' NO1 52'E
46 47
T.2S., R.4W., S.B.M.
SEC. 34
SURPLUS PARCEL
PLANT 616 B(1)-MITCHELL R=500*
POR APN 154-391-011
AREA - 852.8 S.F. ‡
TRACT NO. 23154
- L1
M.B. 202/1-5 L3
20' FOR HIGHWAY
L5
R=500' -P.O.B.
45 ALHAMBRA ADDITION
M.B. 11/78
LINE DATA CURVE DATA RADIAL DATA 25'
SYM BEARING LENGTH RADIUS DELTA LENGTH SYM BEARING
L1 NO1 52'E 20.00 C1 533.00 00 47'16" 7.33' R1859/21F
L2 C2 467.00' 01°33'55" 12.76' MITCHELL NO152E
L3 S01*52 W 20.00'
L4 58956'0:8000
L2 N89'56'50"W 36.06'
• CITY OF RIVERSIDE, CALIFORNIA •
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE SHEET 1 OF 1
ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN.
SCALE: 1"=40' DRAWN BY: CURT DATE: 1/12/22 SUBJECT: SURPLUS - PLANT NO. 616 B(1) - MITCHELL Exhibit "B"
Declarant's Property
(APN: 154-391-010)
(Following pages)
EXHIBIT "B"
LEGAL DESCRIPTION
Address: 6730 Misty Ridge Drive
APN: 154-391-010
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:
Lot 47 of Tract No. 23154, as shown by map on file in Book 202, Pages 1 through 5 of Maps, Records of Riverside County California.
Area - 20,004 S.F. more or less
CENSED LAND SURVEY,
This description was prepared by me or under my direction in CURTIS conformance with the requirements of the Land Surveyors Act.
Cuck 11/21/22 Prep. * STATE L.S. 7519
Curtis C. Stephens, L.S. 7519 CALIFORNIA
OF
6730 Misty Ridge Dr Legal. doc
MISTY RIDGE DRIVE
N88'03'55'W-
101.27
430355 W 19.21
TRACT NO. 23154 AVENUE 126.99* NO1 52'E
M.B. 202/1-5
46 NO1 56'05"E 185.671 47 150.05'
T.2S, R.4W., S.B.M.
APN 154-391-010
AREA - 20,004 S.F. t R=500 SEC. 34
36.98 V01'56'05"E-
20.00 76.29 20' FOR HIGHWAY
N8930M
45 ALHAMBRA ADDITION
M.B. 11/78
MITCHELL. NO1-52'E
• CITY OF RIVERSIDE, CALIFORNIA •
SHEET 1 OF 1
SCALE: 1"=40' DRAWN BY: CURT DATE: 11/12/22 SUBJECT: 6730 MISTY RIDGE DRIVE - APN 154-391-010