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INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED
<br />CLERK OF COUNCIL
<br />A-2022-109
<br />DATE:
<br />PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br />AND BILATERAL ESCROW INSTRUCTIONS
<br />C Ieevull Ngu4cn) 04-
<br />THIS AGREEMENT (hereinafter "PSA"), entered into on June 2.1
<br />2 0 2 2, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
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<br />Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Kelvin Mai, a married man,
<br />as his sole and separate property and Denise Le, a married woman, as her sole and separate property,
<br />all as tenants in common (hereinafter "Seller"), regardless of number or gender;
<br />THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject
<br />to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase
<br />from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows:
<br />SEE EXHIBIT "A" and "A-1" — Legal Description
<br />and EXHIBIT "B" and "13-1" — Plat Map
<br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as 1002 North Fairview Street, Santa Ana, CA 92703)
<br />(APN 405-213-01 & 02)
<br />Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following
<br />terms, conditions, promises, covenants, agreements and provisions, to wit:
<br />Conveyance by Seller.
<br />A. Seller agrees to convey said real property interests to City, by Easement Deed (Line of Sight) and
<br />Temporary Construction Easement, at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite
<br />200, Newport Beach, California, within sixty (60) days from and after the date on which the City has
<br />approved this Agreement.
<br />B. Seller agrees to convey to City an 8,118 square foot permanent easement acquisition and a twenty-
<br />four (24) month 274 square foot Temporary Construction Easement in, on, over and above the portion
<br />of the subject property described on the attached Exhibit "A and A-1" and depicted on the attached
<br />Exhibit "B and B-1" and incorporated herein by this reference.
<br />2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided,
<br />said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions,
<br />restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether
<br />monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or
<br />defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to
<br />said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further
<br />agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition,
<br />restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary
<br />or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title,
<br />shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by
<br />Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as
<br />hereinabove provided.
<br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property
<br />to City, within the time and at the place hereinabove specified for said conveyance of said real property, a
<br />policy of title insurance to be issued by the above mentioned title company, with the City therein named as the
<br />insured, in the amount of Four Hundred Eighty -Seven Thousand and Eighty Dollars ($487,080) insuring the
<br />title of the City to said real property is free and clear of any and all conditions, restrictions, reservations,
<br />exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary,
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