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HomeMy WebLinkAboutSTEADFAST COURTYARDS 1B - 2005 A-200S-309B GENERAL ASSIGNMENT This General Assignment (this "Assignment") is executed this 6th day of September, 2005 by Steadfast Courtyards, L.P., a California limited partnership ("Assignor") in favor of the City of Santa Ana, a charter city duly organized under the Constitution and laws ofthe State of California and ("Assignee"), with reference to the following facts: A. Pursuant to that certain Land Exchange Agreement and Joint Escrow Instructions ("Agreement") dated of even date herewith, Assignor has agreed to convey that certain real property (and all rights, easements, privileges, tenements, hereditaments, appurtenances, reversions, remainders, licenses and benefits appurtenant, belonging to or running with said land, collectively, the "Land") to Assignee subject to and in accordance with the terms and conditions set forth therein. B. Pursuant to the Agreement, Assignor has agreed to assign to Assignee all of Assignor's right, title and interest in (i) all plans and specifications, warranties, guaranties, licenses, permits, entitlements, governmental approvals and certificates of occupancy that specifically relate to the Land and exist under applicable law as of the date hereof (including, but not limited to, those relative to the environmental or physical condition of the Land), (ii) all other intangible property that specifically relates to such land (collectively, the "Intangible Property"), subject to any rights of consent as provided therein. NOW THEREFORE, for good and valuable consideration, tl1e receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignment of Intangible Property. Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's right, title and interest in and to all of the Intangible Property. 2. Acceptance and Assumption of Liabilities. Assignee hereby accepts the foregoing assignment of the Intangible Property and hereby assumes all obligations with respect thereto which arise from and after the Effective Date 3. Effective Date. The "Effective Date" of this Assignment shall be the date that Assignee acquires title in and to the real property described on Exhibit A attached hereto as evidenced by a deed recorded in the Official Records of Orange County, California. 4. Consistency with Agreement. Nothing in this Assignment shall be construed to modify or limit any provisions in the Agreement and in the event of any inconsistency between this Assignment and the Agreement, the latter shall govern and control. 5. "As-Is". Except as otl1erwise expressly provided in tl1e Agreement to the contrary, the Intangible Property are transferred hereunder "as-is" without warranty or representation of any kind whatsoever, either express or implied. 40836735.16 6. Inurement. This Assignment shall inure to the benefit of and be binding upon Assignor and Assignee, and their respective assigns and successors in interest. 7. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 8. Counterparts. This Assignment may be signed by the parties in different counterparts and the signature pages combined to create a document binding on all parties. 9. Indemnification. Each party hereto shall indemnify and hold the other party harmless from and against any third-party claim, or other similar expense or loss (including reasonable attorney's fees) suffered by such other Party caused by or arising from that party's breach of the terms, conditions or covenants contained herein. [SIGNATURES ON FOLLOWING PAGE] 40836735.16 EXHIBIT A TO GENERAL ASSIGNMENT LEGAL DESCRIPTION That certain real property located in the City of Santa Ana, County of Orange, State of California, bearing Assessors Parcel Numbers 399-102-05, 399-102-06 and 399-102-07. 40836735.16 IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. City of Santa Ana, a charter city duly organized under the Constitution and laws of the State of California aArZ- Steadfast Courtyards, L.P., a California limited partnership By: Name: Title: David N. Ream City Mqnqger By: SRP Urban Developments, Inc., a Califo ia corporation, its sole General Partner . APPROVED AS TO FORM /' //t ;. It! / ,/' i;:ENJA~ KAUFMAN . let AiAls an! City Attorney Amsr. PA TRIClA E. CLERK OF TN/! COUNCIL 40836735.16 This Document was electronically recorded by First American Title C RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIII IIII~~~IIIII~~ IIIIII~ ~~I~~~~~I~~~IUIIII ~~ NO FEE 2006000402367 12:51 pm 06/15/06 119 30 G02 6 o.oo o.oo o.oo o.oo o.oo o.oo o.oo o.oo Attn: C1ty Attorney Space above this line for Recorder's Use MAIL TAX STATEMENTS TO: same as above NCS 237311 SA1 DOCUMENTARY TRANSFER TAX $ .... Computed on the consideration or value of property conveyed; OR .... Computed on the consideration or value less liens or encumbrances remaining at time of sale. TRANSFER TAX EXEMPTION: 'this office is exempt from recording fees under Govenment Code 6103 1 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Steadfast Courtyards, L.P., a California limited partnership ("Grantor"), hereby grants to City of Santa Ana, a charter city duly organized under the Constitution and laws of the State of California ("Grantee"), subject to all easements, covenants, conditions, restrictions and matters of record that may affect the Land (as defined below) that certain real property located in the City of Santa Ana, County of Orange, State of California, which real property is more particularly described in Schedule "1" attached hereto ("Land"), together with all right, title and interest of Grantor in and to all buildings and improvements now located on the Land. Grantor hereby further grants to Grantee all easements, privileges and rights appurtenant to the Land and pertaining or held and enjoyed in connection therewith and all. of Grantor's right, title and interest in and to any land lying in the bed of any street, alley, road or avenue to the centerline thereof in front of, or adjoining the Land. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ~~r)t°,~ ~, ~`, , 2006. GRANTOR: Steadfast Courtyards, L.P., a California limited partnership By: SRP Urban Developments, Inc., a California corporation, its sole General Partner ;` ` ,ti By: .' ~-~J Name. Winnin Title: Pres' ent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA }§§ COUNTY OF ORANGE On May 25, 2006 before me, Kristine Tsen Lamchek. N.P. ,personally appeared R Kyle Winning ,NAME(S) OF SIGNER(S) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KRISTINE TSEN LAMCHEK Commission # 1557962 . _. Notary Publ~ - California Orange County MY Comm. Expires Apr 8, 2009 WITNESS my hand and official seal. SIGNATURE OF NOTARY (Affix seal in the above blank space) SCHEDULE "1" TO GRANT DEED LEGAL DESCRIPTION REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: LOT 1 AND LOT 2 OF E. M. SMILEY'S SUBDIVISION AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 41, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. PARCEL B: LOT 2 AND THE NORTHERLY 24 FEET OF LOT 1 IN BLOCK A OF COLE'S NORTH SANTA ANA TRACT, AS PER MAP RECORDED IN BOOK 31, PAGE 13, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE EASTERLY 4-1/2 FEET CONVEYED TO THE CITY OF SANTA ANA FOR THE WIDENING OF MAIN STREET. APN: 399-102-05, 399-102-06 and 399-102-07 Schedule 1 FORM OF ACCEPTANCE Government Code § 27281 This is to certify that the interest in real property conveyed by the grant deed from Steadfast Main Street LP, a California limited partnership to the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer on behalf of the City of Santa Ana pursuant to authority conferred by the City Council of the City of Santa Ana by Ordinance No. NS-2352 adopted on June 2, 1998, and the grantee consents to recordation thereof by its duly authorized officer. -C lr~.-~~.. David N. Rearri, City Manager City of Santa Ana STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On~~'~ (~ , 200~j, before me, ~ ~(~~~ personally appeared E~' V, c~ ~ , 12FQm and - personally known to me ( ) to be the persona j whose name(s'j (is) (~j subscribed to the within instrument and acknowledged to me that (he) (sk~-(t>~ep) executed the same in (his) (h~r-j (.tkeir) authorized capacity(, and that by (his) (her) (t]~i-rj signature.Fs) on the instrument the person; or the entity upon behalf of which the person~s'jacted, executed the instrument. WITNESS my hand and official seal. ~uM~oo Conx~WNon #F i610~I6 No~oiy wDNc - caKcmo aono. county (SEAL) Wh-Comn. E~plr~toctY~. Notary Public in and for said State BOE-50L-A (FROND REV. 6 (8-04) FOR RECORDER'S USE ONLY ~,~~ °~ o,~ WEBSTER J. GUILLORY ~,;~ _ : ~'i ORANGE COUNTY ASSESSOR v ;~;y'..-: ~~; 834-5031 ~• ~~ ~ ~: PRELIMINARY CHANGE OF OWNERSHIP ~~'' "~'~ REPORT (To be completed by transferee [buyer] prior to transfer of subject property in accordance with section 480.3 of the Revenue and Taxation Code.) A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California. THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFEROR: Steadfast Courtyards, L.P. BUYER/TRANSFEREE: City of Santa Ana ASSESSOR'S PARCEL NUMBER(S): PROPERTY ADDRESS OR LOCATION: 2100, 2106 & 2110 North Main Street, Santa Ana, CA MAIL TAX INFORMATION T0: Name ~ /~ Address ~ ~,' ~~% ~c~~-~' Phone Number (8 a.m.-5 p.m.) ~~ NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. If this transfer occurs after January 1 and on or before December 31, you may be responsible for second installment of taxes due February 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County Assessor. For further information on your supplemental roll obligation, please call the Orange County Assessor at (714) 834-2941. PART I: TRANSFER INFORMATION (please answer al/questions) YES NO ^ A. Is this transfer solely between husband and wife (addition of a spouse, death of a spouse, divorce settlement, etc.)? ^ ~ B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property (for example, a name change upon marriage)? Please explain ^ ~ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? ^ D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., consigner)? Please explain ^ ~ E. Is this document recorded to substitute a trustee of a trust, mortgage, or other similar document? ^ F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? ^ (~ G. Does this transfer return property to the person who created the joint tenancy (original transferor)? ^ H. Is this transfer of property: ^ ~ 1. to a revocable trust that may be revoked by the transferor? ^ ®. 2. to a trust that may be revoked by the Creator/Grantor who is also a joint tenant, and which names the other joint tenant's as beneficiaries when the Creator/Grantor dies?? ^ 3. to an irrevocable trust for the benefit of the ^ Creator/Grantor and/or ^ Grantor's spouse? ^ 4. to an irrevocable trust from which the property reverts to the Creator/Grantor within 12 years? ^ I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? ^ *J. Is this a transfer between ^ parent(s) and child(ren)? ^ Or from grandparent(s) to grandchild(ren) ^ ~. *K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? ^ Yes ^ No ^ ~ *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5? Within the same county? ^ Yes ^ No ^ (~ M. Did this transfer result from the death of a domestic partner currently registered with the California Secretary of State? *If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. If you do not file a claim, your property will be reassessed. Please provide any other information that would help the Assessor to understand the nature of the transfer. If the conveying document constitutes an exclusion from a change in ownership as defined in section 62 of the Revenue and Taxation Code for any reason other than those listed above, set forth the specific exclusions claimed: P/ease answer a//questions in each section. If a Question does no~~/yl indicate, with' N/A "S~n and date at bottom of secon_ d ~a~ -- - -- PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date ------ ------ -- B. ~pe of transfer (please check appropriate box): Purchase ^ Foreclosure ^ Gift ~ Trade or Exchange ^ Merger, Stock, or Partnership Acquisition Contract of Sale Date of Contract ^ Inheritance Date of Death ^ Other (Please explain): ^ Creation of a Lease ^ Assignment of a Lease ^ Termination of a Lease ^ Sale/Leaseback ^ Date lease began ^ Original term in years (including written options) ^ Remaining term in years (including written options) Monthly Payment Remaining Term C. Was only a partial interest in the property transferred? ^ Yes ~ No If yes, indicate the percentage transferred %. ! A002-213 (R10/04) BOE-502.A (BACK) REV. 6 (8-04) Please answer to the best ofyour knowledge, all app/icab/e questions, then sign and date. If a question does not apply, indicate with "N/A. " PART III: PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR value of trade or exchange (excluding closing costs) B. FIRST DEED OF TRUST @ % interest for Years. Pymts./Mo. _ $ (Prin. ^ FHA ( _ Discount Points) ^ Fixed rate ^ Conventional ^ Variable rate ^ VA ( Discount Points) ^ All inclusive D.T. ($ Wrapped) ^ Cal-Vet ^ Loan carried by seller Balloon payment ^ Yes ^ No Due Date C. SECOND DEED OF TRUST @ % interest for years. Pymts./Mo.= $ Amount $ (,lV~(LYJ1J'In7 & Int. only) Amount $ ^ New loan ~" ^ Assumed existing loan balance ^ Bank or savings & loan ^ Finance company Amount $ (Prin. & Int. only) Amount $ . j2, K - i~s~er Bank or savings & loan ^ Fixed rate ^ New loan ^ Loan carried by seller ^ Variable rate ^ Assumed existing loan balance Balloon payment ^ Yes ^ No Due Date Amount $ D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? ^ Yes ^ No Amount $ Type @ % interest for years. Pymts./Mo.=$ (Prin. & Int. only) ^ Bank or savings & loan ^ Fixed rate ^ New Loan ^ Loan carried by seller ^ Variable rate ^ Assumed existing loan balance Balloon Payment ^ ^ No Due Date Amount $ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ^ Yes ^ No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid) ~_ TOTAL ITEMS A THROUGH E $ G. PROPERTY PURCHASED ^ Through a broker ~ Direct from seller ^ From a family member ^ Other (p/ease exp/ainj If purchased through a broker, provide broker's name and phone number: Please explain any special terms, seller concessions , or financing and any other information that would help the Assessor understand the purchase price and terms of sale: PART IV: PROPERTY INFORMATION _ A. TYPE OF PROPERTY TRANSFERRED ^ Single-family residence ^ Agricultural ^ Timeshare ^ Multiple-family residence (no. of units: ) ^ Co-op/Own-your-own ^ Manufactured Home Commercial/Industrial ^ Condominium ^ Unimproved lot ^ Other (Description: i.e., timber, mineral, water rights, etc. ) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ^ Yes No If yes, enter the date of occupancy / , 20 or intended occupancy / , 20 (month) (day) (year) (month) (day) (year) C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (i.e., furniture, farm equipment, machinery, etc.) (other than a manufactured home subject to local property tax)? ^ Yes ~ No If yes, enter the value of the personal property included in the purchase price $ (Attach itemized /ist of persona/ property.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ^ Yes -~-No If yes, how much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local properly tax? ^ Yes ^ No What is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? ^ Yes ^ No If yes, is the income from: ^ Lease/Rent ^ Contract ^ Mineral rights ^ Other (p/ease exp/ain) F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? Good ^ Average ^ Fair ^ Poor lease explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in determining the value of the property. CERTIFICATION __ OWNERSHIP TYPE ( ) Proprietorship ^ Partnership ^ I certify that the foregoing is true, correct and complete to the best of my knowledge and belief Corporation ^ This declaration is binding on each and every co-owner and/or partner. Other ^ NAME OF W OWNER/CORPORATE OFFICER TITL l~fi - S ~~ ~~ ~i~ I~~n~ cr SIGNATURE OF 0 ER/CORPO 0 I DATE Q ~~ ".4-- I "' O NAME OF ENTI (typed or print ) FEDERAL EMPLOYER ID NUMBER C it ~ f SU v~ ern Any 5 ADDRESS (typ or printed) E-MAIL ADDRESS (OPTIONAL) DATE _~IA Yl`~1~ ~ In Gy ~J/~ 012.7 ~ ~ (NOTE: The Assessor may contact you for additional information.) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20).