HomeMy WebLinkAboutLEMUS, PEDRO L.%ATY OF SANTA ANA, CALIFORNL-v 4-2,0412. -233
AGREEMENT FOR ACQUISITION OF
REAL PROPERTY AND ESCROW INSTRUCTIONS
THIS AGREEMENT is entered into between the CITY OF SANTA ANA, a charter city
and Municipal corporation duly organized and existing under the Constitution and laws of the
state of California, hereinafter referred to as the "City" and Pedro L. Leinus and Lucha Lemus,
who ac(lUired title as "Maria De La Luz L. Lennis", hereinafter referred to as "Seller", regardless
of number or gender;
WITNESSETH
For and in consideration of then- promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City,
and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as
"said real property") described as follows:
All that certain real property located in the State of California, County of Orange, City of
Santa Ana, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Cormnonly known as 415 S. Raitt Street . Santa Ana, CA.)
Said sale and purchase 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. Convevance by Seller. Seller agrees to convey said real property to City, by Grant Deed,
at the office of Burrow Escrow Services, 501. Parl{ Center Drive, Santa Ana, California, within
Thirty (30) days from and after the date on which the City has approved this Agreement.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly
provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of
any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits,
limitations, encumbrances, liens, leases, clouds or defects in title except those exceptions shown
in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed
by Seller to City shall be free and clear as above provided. Seller faither agrees that acceptance
by City of any deed to said real property, with or without knowledge of any condition, restriction,
reservation, exception, easement, assessment, profit, limitation, encumbrance, lien, lease, cloud
or defect in title, shall not constitute a waiver by City of its right to the full and clear title
hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City
because of the failure of Seller to convey title as hereinabovc provided.
I
3. Title Insurance.. Sever agrees to deliver to City, concurrently with the conveyance of said
real property to City, within the time and at the place hereinabove specified for said conveyance
of said real property, a policy of title insurance to be issued by the above mentioned title
company, with the City therein named as the insured, in the amount of Six Hundred Thousand
Dollars And No/100 ($600 000.00 insuring the title of the City to said real property is free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
profits, limitations, encumbrances, liens, teases, clouds or defects in title, excepting such specific
ones as City may hereinafter expressly agree to take subject to. Acceptance by City of any such
policy of insurance, whether such insurance complies with the requirements of this paragraph or
not, shall not constitute a waiver by City of its right to such insurance as is herein required of
Seller, nor a waiver by the City of any rights of action for damages or any other rights which may
accrue to City by reason of the failure of Seller to convey title or to provide title insurance as
required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of Burrow Escrow Services, 501
Park Center Drive, Santa Ana, California (the Escrow Agent) within five (5) days from and after
the date on which the City has approved this Agreement. This Agreement constitutes the joint
escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be
delivered to the Escrow Agent upon the opening of the escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its
acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached
hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller
within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent
hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any
transfer taxes, recording fees, document preparation fees, the cost of any extended coverage title
insurance and any other non -reoccurring escrow and closing costs incidental to the conveying of
said real property to City, Penalties for prepayment of bonafide obligations secured by any
existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section
1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the
obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B", General
Provisions of this Agreement.
5. PropertyPropedty Taxes. Such real property taxes, if any, on said real property for the fiscal year
within which said real property is conveyed to City as are unpaid at the time of said conveyance
shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and
Taxation Code of the State of California, Seller shall be eligible for a refund under Section
5096.7 of the Revenue and Taxation Code of the State of California for that portion of property
taxes on said real property for said fiscal year which have been paid prior to the date the deed
conveying said real property to City is recorded which is allocable to that portion of the fiscal
year which begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State
of California. All unpaid taxes on said real property for any and all years prior to the fiscal year
within which said conveyance is made shall be paid by Seller before conveyance of said real
property to City.
6. 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, the total sum of Six Hundred
Thousand Dollars And No/100 600 000.00). City agrees to deposit said purchase price in
escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the
City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to
Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real
property to City is recorded, quiet and peaceful possession of said real property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein
contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or
other breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
9. Heirs, Assigns,Etc. This Agreement, and all the terms, covenants and conditions hereof,
shall apply to and bind the heirs, executors, administrators, successors and assigns of the
respective parties hereto.
10. Time of Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
11. Waiver of Relocation Benefits by Seller. Seller hereby waives any and all rights to
relocation benefits to which Seller may be entitled at the time Seller vacates or is forced to vacate
the property.
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents,
permission to enter upon said real property at all reasonable times prior to close of escrow for the
purpose of making necessary inspections. /
13. Just Compensation, Seller agrees that said purchase price is just compensation at fair
market value for said real property, together with any and all buildings, improvements, fixtures,
signs and structures, or portions of any of the foregoing, which are affixed to said real property.
14. Notices. The mailing address of the City of Santa Ana is: 20 Civic Center Plaza,
M-37, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California.
i
The mailing address of the Seller(s) is: 415 S. Raitt Street
Santa Ana, California 92703
15. Exceptions. City agrees to accept title to said real property subject to the following:
NONE.
16. Entire A eement. It is mutually agreed that the parties hereto have herein set forth the
whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every
and all issue(s) that were raised or could have been raised in connection with the acquisition of
said real property by City.
17. Soils Testing. Upon three days notice to Seller, Seller shall grant to City and its
authorized agents the right of entry and access to property for the purpose of soils testing.
18. Hazardous Waste. The Property shall be cleared by the City's Environmental
Coordinator prior to transfer of title from Seller to the City.
19. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, all
applicable federal, state, and local laws pertaining to air and water quality, hazardous waste,
waste disposal, and other environmental matters, including, but not limited to, the Clean Water,
Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and
the California Environment Quality Act, and the rules, regulations, and ordinances of the city
within which the subject property is located, the California Department of Health Services, the
Regional Water Quality Control Board, the State Water Resources Control Board, the
Environmental Protection Agency, and all applicable federal, state, and local agencies and
bureaus.
20. Contingency. It is understood and agreed between the parties hereto that the completion
of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
approval of the City herein. The execution of these documents and the delivery of same to
Escrow Agent constitutes said acceptance and approval.
21. Modification and Amendment. This Agreement may not be modified or amended except
in writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legality, or enforcement of this
Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain
in full force.
23. Cations. Captions and headings in this Agreement, including the title of this Agreement,
are for convenience only and are not to be considered in construing this Agreement.
24. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
The parties have executed this Agreement as of the last date written below.
BY:
DATE:---Z - ;Z(i" - 6
Pe ro L. Lcmus
BY: 1Z-
Lucha Lemus
(aka "Maria de la, Luz L. Lemus")
ATTEST:
a i6a, VVIcal, tricia, E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY: Lisa E. Storck
Assistant City Attorney
DATE: / - 2 5;, -- C) ';�-
CITY ONTA A
David N. Ream
City Manager
EXHIBIT A
Real property in the City of Santa Ana, County of Orange, State of
California, described as follows:
Beginning at point 1232 feet South of a point in the Center of First
Street, which is 1942 feet Westerly from the corner common to sections
11, 12, 13 and 14,.xn Township 5 South, Range 10 West, San Bernardino
Base and Meridian; running thence Westerly parallel with the center
line of First Street, 443.4 feet to the Easterly line of Artesia
Street; thence Northerly along said Easterly line of Artesia Street 44
feet to the Southwest corner of the property conveyed to Paul W.
Ladiges and wife, by deed dated December 18, 1922 and recorded in Book
451 page 70 of deeds in the office of the county recorder of said
Orange County, thence Easterly along the Southerly line of said
property conveyed to ladiges, 443.4 feet to the Southeast corner of
said property; thence South 44 feet to the point of beginning.
APN: 007-273-12
EXHIBIT "B"
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check, All funds received in this escrow shall be
deposited in one or more of your general escrow accounts with any bank doing business in the
State of California and may be transferred to any other general escrow account or accounts. The
expression "close of escrow" means the date on which instruments referred to herein are filed for
record. All adjustments are to be made on the basis of a 30-day month. Recordation of any
instruments delivered through this escrow, if necessary or proper in the issuance of a policy of
title insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or
any other documents deposited in this escrow to the lender or lenders, the real estate broker or
brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders,
brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands
or claims with respect to this escrow or the rights of any of the parties hereto, or any money or
property deposited herein affected hereby, you shall have the right to discontinue any or all
further acts on your part until such conflict is resolved to your satisfaction, and you shall have the
further right to commence or defend any action or proceedings for the determination of such
conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and
expenses, including reasonable attomey's fees, suffered or incurred by you in connection with, or
arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in
interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be
fully released and discharged from all obligations imposed upon you in this escrow.
Upon close of escrow, a check shall be issued to Civic Center Barrio in the amount of $1,500.00
to refund its original deposit. The check shall be sent to Civic Center Barrio at 1665 E. 4th Street,
Suite 210, Santa Ana, CA 92701.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the
time specified herein and such additional time as is required to make an examination of the
official records, you will return all documents, money or property to the party entitled thereto
upon satisfactory written demand and authorization. Any amendment of and/or supplement to
any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the
property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more
counterparts, each of which independently shall have the same effect as if it were the original,
and all of which taken together shall constitute one and the same instruction.
EXHIBIT "C"
When recorded, please mail this
instrument and tax statements to:
City of Santa Ana - Housing
20 Civic Center Plaza, M-37
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
TAXES L I FORM B A�IPROVYDATTY.AS TO I DIRECTOR APPROVED EY I DESCRIPTION
WRITTEN BY
'ACE ABOVE THIS LINE FOR RECORDER'S USE
CBSBC IPTION A,?. R/WMAP PROJECT
ED-OX I NUMBER I NUMBER NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pedro L. Lemus and
Maria De La Luz L. Lemus ("Grantor"), hereby grant to THE CITY OF SANTA ANA, a charter city and
municipal corporation duly organized under the Constitution and laws of the State of California
("Grantee") fee simple title to the real property in the City of Santa Ana, County of Orange, State of
California, as more particularly described in Exhibit "A" attached hereto and by this reference made a part
hereof.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed to be effective as of date
of recording.
CITY OF SANTA ANA
DATE:
STATE OF CALIFORNIA )
} ss.
COUNTY OF ORANGE �
On , 2003, before me,
personally appeared _
personally known to me (or 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 signatures) on the instrument the person(s) or the entity upon be
half of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (This area for official notary seal)
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows;
BEGINNING AT A POINT 1232 FEET SOUTH OF A POINT IN THE CENTER OF FIRST STREET,
WHICH IS 1942 FEET WESTERLY FROM THE CORNER COMMON TO SECTIONS 11, 12, 13 AND
14, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN;
RUNNING THENCE WESTERLY PARALLEL, WITH THE CENTER LINE OF FIRST STREET, 443.4
FEET TO THE EASTERLY LINE OF ARTESIA STREET; THENCE NORTHERLY ALONG SAID
EASTERLY LINE OF ARTESIA STREET 44 FEEr TO THE SOUTHWEST CORNER OF THE PROPERTY
CONVEYED TO PAUL W. LADIGES AND WIFE, BY DEED DATED DECEMBER 18, 1922 AND
RECORDED IN BOOK 451 PAGE 70 OF DEEPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, THENCE EASTERLY ALONG THE SOUTHERLY,LINE OF SAID PROPERTY
CONVEYED TO LADIGES, 44 .4 F ET Np THE
OF BEGINNING,SOUTHEAST CORNER OF SAID PROPERTY;
THENCE SOUTH 44 FEET
APN: 007-273-12
When recorded, please mail this
instrument and tax statements to:
City of Santa Ana - Housing
20 Civic Center Plaza, M-37
Santa Ana, California 92702
Free recording requested by
THE CITE,' OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S
CANCEL APPROVED As TO APPROVED BY DESCRIPTION DESCRIPTION A,P, R!W MAP
TAXES PORM 13Y ATTY, DIRECTOR WRITTEN BY CBECKIID-O.K. NUMBER NUM13ER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pedro L.
Lemus and Maria De La Luz L. Lemus ("Grantor"), hereby grant to THE CITY OF SANTA
ANA, a charter city and municipal corporation duly organized under the Constitution and laws of
the State of California ("Grantee") fee simple title to the real property in the City of Santa Ana,
County of Orange, State of California, as more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed to be effective
as of date of recording,
GRANTOR
BY:
DATE:
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
FIM
DATE:
On , 2003, before me,
personally appeared
personally known to me (or 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 signatures) on the instrument the person(s) or the entity upon be-
half of which the person(s) acted, executed the instrument.
WITNESS my hand and official sea].
Signature (This area for officiat notary seal)
PRDIECT
NUMBER
FXUTRTm n
Real property in the City of Santa Ana, County of Orange, State of
California, described as follows:
Beginning at point 1232 feet South of a point in the center of First
Street, which is 1942 feet Westerly from the corner common to sections
11, 12, 13 and 14, in Township 5 South, Range 10 West, San Bernardino
Base and Meridian; running thence Westerly parallel with the center
line of First Street, 443.4 feet to the Easterly line of Artesia
Street; thence Northerly along said Easterly line of Artesia Street 44
feet to the Southwest corner of the property conveyed to Paul W.
Ladiges and wife, by deed dated December 18, 1922 and recorded in Book
451 page 70 of deeds in the office of the county recorder of said
Orange County, thence Easterly along the Southerly line of said
property conveyed to ladiges, 443.4 feet to the Southeast corner of
said property; thence South 44 feet to the point of beginning.
APN: 007-273-12