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N-2002-087
<br /> THE CITY OF SANTA ANA, CALIFORNIA
<br /> ~ d ~ AGREEMENT FOR ACQUISITION OF
<br /> REAL PROPERTY AND ESCROW INSTRUCTIONS
<br />
<br /> ~ p ~
<br /> THIS AGREEMENT, entered into this ~ day of 2002, by and between the CITY OF
<br /> SANTA ANA, a charter city and municipal corporation duly org zed under the Constitution and laws of the
<br /> State of California (hereinafter referred to as the "City"), and JENNIE PHAN, A MARRIED WOMAN AS
<br /> HER SOLE AND SEPARATE PROPERTY (hereinafter called "Seller"), regardless of number or gender;
<br /> WITNESSETH
<br /> For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the
<br /> terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase
<br /> from Seller, all that certain real property (hereinafter referred to as "said real property") described as follows:
<br /> All that certain real property located in the State of California, County of Orange, City of Santa Ana, described
<br /> as follows:
<br /> SEE EXHIBIT "A" ATTACHED HERETO
<br /> AND BY THIS REFERENCE MADE A PART HEREOF
<br /> (Commonly known as 5030 Westminster Avenue, Santa Ana, CA)
<br /> Said sale and purchase of said real property shall be in accordance with and subject to all of the following terms,
<br /> conditions, promises, covenants, agreements and provisions, to wit:
<br /> 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of
<br /> First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days
<br /> from and after the date on which the City has approved this Agreement.
<br /> 2. Title to be Conveyed. (a) 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, liens, leases,
<br /> clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the
<br /> title to said real property to be conveyed by Seller to City shall be free and clear as above provided. Seller
<br /> further agrees that acceptance by City of any deed to said real property, with or without knowledge of any
<br /> condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance, lien, lease,
<br /> cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove
<br /> agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of
<br /> Seller to convey title as hereinabove provided.
<br /> (b) Seller does hereby convey to City a temporary construction easement as described in greater detail in
<br /> Exhibit "B" attached hereto and by this reference made a part hereof.
<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 policy
<br /> of title insurance to be issued by the above mentioned title company, with the City therein named as the insured,
<br /> in the amount Eight Thousand Nine Hundred Dollars And No/100 ($8,900.00), insuring the title of the City to
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