DUENAS, ROGELIO AND FRANCISCO-2008

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j INSUR WORK MAY PROICEED N-2008-043 ' CLERK OF COUNCIL PURCHASE AND SALE AGREEMENT OATE: c(- ~ ~o~ AND BILATERAL ESCROW INSTRUCTIONS FOR ACQUISITION OF REAL PROPERTY ~wA(~> ~ ~ r..~ZTHIS AGREEMENT (hereinafter "PSA") Cl~ 6a ,entered into on y 2 0 0 8 , between the CTTY OF SANTA ANA, a charter city and municipal core ration duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and ROGELIO DUENAS and FRANCISCO J. DUENAS (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property") legally described and depicted as follows: SEE EXHIBIT'°A" -Legal Description and EXHIBTT "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1241 W. Chestnut Avenue, Santa Ana, CA) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveyed. The Seller's interest to the Real Property will be conveyed to City by Seller by Grant Deed as set forth in Exhibit "C" to this PSA, 3. Probe ,Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as aze unpaid at the time of said conveyance shall be cleazed and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all yeazs prior to the fiscal yeaz within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), and severance damages (if any), the total sum of SIX THOUSAND TWENTY-FIVE and No/100 Dollars ($6,025.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of SIX THOUSAND TWENTY-FIVE and No/100 Dollars ($6,025.00) to Seller within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property. 6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. 7. Possession. Seller agees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Properly. Page 1 of S