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HomeMy WebLinkAboutNGUYEN, PAMELA-2003-016 CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT, made and entered into this day of kUq 2003, by and between the CITY OF SANTA ANA, a municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as the "CITY" and Pamela Nguyen, hereinafter referred to as the "BUYER". WITNESSETH: For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, CITY agrees to sell to BUYER, and BUYER agrees to purchase from City, all that certain real property located on 2606 Westminster Avenue (APN: 198-132-01) more particularly described in Exhibit A and B attached hereto and hereinafter referred to as "said real property". 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. Conveyance by CITY. CITY agrees to convey said real property to BUYER, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California within SIXTY (60) days from and after the date on which the CITY has approved this Agreement and all contingencies have been satisfied or waived. 2. Title to be Conveyed. CITY agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by CITY to BUYER, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, assessments, projects, limitations, encumbrances, liens, leases, clouds or defects in title, excepting such specific ones as BUYER may hereinafter expressly agree to take subject to. BUYER is to obtain a preliminary title report and unless BUYER advises CITY of any unacceptable exceptions to title within ten (10) days of receipt of said preliminary title report; it shall be deemed that BUYER has approved all exceptions in said preliminary title report. In the event that BUYER advises CITY of any unacceptable provisions, CITY agrees to use its best efforts to remove said unacceptable exceptions to title. In the event that CITY is unable to remove said unacceptable exceptions, prior to the close of escrow, BUYER shall have the option of (1) terminating the purchase; or (2) completing the purchase of Property in its "as is " condition. 3. Title Insurance. At BUYER's determination and at BUYER's cost, BUYER may, concurrently with the conveyance of said real property, within the time and at the place hereinabove specified for said conveyance, a policy of title insurance to be issued by the above mentioned title company, which the BUYER therein is named as the insured, in the amount of ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000), insuring title to said real property, free and clear of any and all conditions, restriction, reservations, exceptions, assessments, profits, limitations, encumbrances, liens, leases, clouds or defects in title, excepting such specific ones as BUYER may hereinafter expressly agree to take subject to. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California (the Escrow Agent) within five (5) days from and after the date on which City has executed this Agreement. This Agreement constitutes the joint escrow instructions of City and BUYER and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance to Section 4 and of the General Provisions' described in Exhibit C, attached hereto and incorporated herein by this reference, in writing, delivered to the CITY and to the BUYER within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. BUYER agrees to bear and Escrow Agent is hereby authorized to charge to the BUYER the cost of any transfer taxes, recording fees, document preparation fees, Y2 escrow fees, the cost of any extended coverage title insurance and any other closing costs incidental to the conveying of said real property to BUYER. CITY agrees to bear and Escrow Agent is hereby authorized to charge to the CITY the cost of a standard CLTA title insurance, 1/2 the cost of escrow fees and any fees necessary to place the title said real property in the condition herein previously mentioned. 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. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to BUYER as are unpaid at the time of said conveyance shall be cleared and paid. 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 CITY before conveyance of said real property to BUYER. 6. Payment and Purchase Price. BUYER agrees to pay to CITY, and CITY agrees to accept from BUYER, as and for the full purchase price for said real property, the total sum of ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000), BUYER agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on the CITY has executed this Agreement and all contingencies have been satisfied or waived, and the Escrow Agent is hereby authorized to pay the same to the CITY upon and after: (a) Conveyance of said real property by CITY to BUYER as hereinabove provided; (b) Delivery to BUYER of the policy of title insurance as hereinabove provided; (c) Recordation of the DEED conveying said real property to BUYER. 7. Dedication to the CITY. The BUYER agrees to dedicate a portion of real property along Westminster Avenue to the CITY for future street widening projects. The buyer will execute the Dedication Agreement as shown in Exhibit D attached hereto and incorporated herein. The dedicated are is described as set forth in Exhibit E attached hereto and incorporated herein, and as shown on Exhibit F attached hereto for reference only. 8. Possession. CITY agrees to deliver to BUYER, on the date the Deed conveying said real property to BUYER is recorded, quiet and peaceful possession of said real property. 9. Waivers. The waiver by BUYER of any breach of any covenant or agreement herein contained on the part of CITY shall not be deemed or held to be a waiver or any subsequent of other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs Assigns, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11.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. 12. Rentals and Occupancy by Seller. The CITY hereby warrants that the subject real property is vacant and that here are no rental agreements or leases (written or unwritten, recorded or unrecorded) for the real property. 13. Permission to Enter on Premises. CITY hereby grants BUYER, 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. 14. Fair Market Value. BUYER and CITY agree that said purchase price is at fair market value for said real property. 15. Notices. The mailing address of CITY OF SANTA ANA is 20 Civic Center Plaza, M36, Santa Ana, California, 92702, County of Orange. The mailing address of the BUYER is Pamela Nguyen, 10711 Garden Grove Blvd., Garden Grove, CA 92843. 16.Exceptions. Reserved. 17.Property Being Sold In Its Existing Conditions. BUYER acknowledges that BUYER is purchasing the Property in its existing condition and BUYER has conducted all inspections BUYER believes is necessary to protect its own interest in and its contemplated use of, the Property. BUYER acknowledges that no representations, inducements, promises, agreements, assurances, oral or written, concerning the Property, or any aspect of the Occupational Safety and Health Act, hazardous substance laws, or any other act, ordinance or law, have been made by CITY or relied upon by BUYER. 18.Entire Agreement. It is Mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by CITY and BUYER shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the sale of said real property by CITY or BUYER. Provision of this Agreement shall survive the close of Escrow described in Section 4 hereof. IN WITNESS WHEREOF, the parties of this Agreement have executed same as of the day and year first above written. CITY OF SANTA ANA Municipal corporation of the State of California Patricia E. H14 ealy Clerk of the Council Lisa Storck Assistant City Attorney RECOMMENED FOR APPROVAL: Jam G. Ross ... 0 cutive Director ct ublric Works Agency BUYER Pamela Nguyen By: 0 APPRO ED AS T01,,CCAN TENT: David N. Ream City Manger EXHIBIT A THE LAND REFERED TO IN THIS DESCRIPTION IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: That portion of the Northeast quarter of the Northeast quarter of Section 10, Township 5 South, Range 10 West, San Bernardino Meridian, as said section is shown on a map recorded in Book 51, page 12 of Miscellaneous Maps, records of Orange County, California, described as follows: Commencing at a point on the North line of said Section, South 89' 47' 05" West 470.00 feet from the Northeast comer thereof, thence South 00 32' 47" East 52.00 feet parallel to the East line of said Section to the True Point of Beginning; thence continuing along said parallel line South 0' 32' 47" East 141.00 feet; thence South 89' 47' 05" West 50.00 feet parallel to the North line of said Section; thence North 0' 32' 47" West 116.00 feet parallel to the East line of said section; thence North 44' 37' 11" East 35.25 feet to a line parallel with and 52.00 feet southerly of the North line of said Section; thence North 89' 47' 05" East 25.00 feet along said parallel line to the True Point of Beginning. Excepting therefrom an undivided one-half of all oil, gas, asphaltum or other kindred substances in, upon or under said premises, as reserved by Charles Medenhall by Deed recorded May 19, 1922 in Book 423, page 145 of Deeds. Prepared under the supervision of, 4- 21�111 - LE� J. M,TIN LS 5683 DAA kt,'Ms➢qn/r-o,w.*gote of City prowty/roiyen-2606 mtstminstor/nQuysn.dgn EXHIBIT C 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 attorney'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. 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. Q) : \-J) -V'4AXcatzotrn I ve 0 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza P.O. Box 1988, M-36 Santa Ana, California 92702 TO: Clerk of the Council M-30 ATTN: Maria Ruano SUBJECT: Sale of Surplus Property WE ARE ENCLOSING: Under Separate Cover x Herewith Via Mail TRANSMITTAL THE FOLLOWING: Letter Plans Specifications x Originals Agreements Drawings Other DATE: March 10, 2003 FOR: Your Review Your Approval Your information Your Files Your Use X Your Signature Your Continent Comments: Here is a revised Grant Deed with the correct signator. This is in regards to the sale of surplus property located at 2606 Westminster to Pan Nguyen. Your reference number is 2003-016 If we may be of further assistance, please contact me at (714) 647-5067. Sincerely, Kent Jorgensen Right of Way Coordinator