HomeMy WebLinkAboutANGEL, AURORA-2007A-2007-276
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
(Partial Acquisition of Commercial Property)
THIS AGREEMENT (hereinafter "PSA"), entered into on C~Xahe~7~.,Go, ~S~' , 2007,
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and
Aurora Angel (hereinafter "Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their 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, a portion of that certain
real property located in the State of California, County of Orange, City of Santa Ana, described
as follows: (hereinafter "Said Real Property") described as follows:
SEE EXHIBIT "A" ATTACHED HERETO ~~
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 1011 & 1007 South Bristol Street, Santa Ana, California 92702)
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, at the office of LandAmerica Commercial Services, 1920 Main Street, 12'h Floor, Irvine,
within thirty (30) days from and after the date on which the City has approved this Agreement.
2. Title to be Convened. (a) 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 (whether monetary or non-monetary, general
or specific, including any and all leasehold interests), liens, clouds or defects in title, 'except
those exceptions shown in Paragraph 14 below. Seller hereby warrants that the title #o Said
Real Property to be conveyed by Seller to City shall be free and clear as provided above.. Seller
further 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 (whether monetary or non-monetary, general or specific, and including
any and all leasehold interests), lien, 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
hereinabove provided.
3. Title Insurance. Seller 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 NINE
HUNDRED THIRTY SEVEN THOUSAND AND NO/100 Dollars ($937,000.00) insuring City's
title to Said Real Property is free and clear of any and all conditions, restrictions, reservations,
exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or
non-monetary, general or specific, and including any and all leasehold interests), liens, clouds
Page 1 of 9 +
Seller's Initials
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 PSA.
4. Escrow. City agrees to open an escrow at the office of LandAmerica Commercial
Services, 1920 Main Street,12~" Floor, (hereinafter "Escrow Agent") within five (5) days from and
after the date on which the City has approved this PSA. This PSA constitutes the joint escrow
instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to
the Escrow Agent upon the opening of the escrow. Escrow is to close within 120 days after
Owner's execution of this PSA, but in any event, not later than March 31, 2008.
The Escrow Agent hereby is empowered to act under this PSA, 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 PSA, 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, cost of title insurance, reconveyance fees, document
preparation fees, escrow fees and any other closing costs incidental to the conveying of Said
Real Property to City. Penalties for prepayment of bona fide 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" of the
General Provisions of this PSA.
5. Proaertv 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 ttie 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, furniture, fixtures &
equipment, improvements pertaining to the realty, severance damages, and bonus value (if
applicable), the total cash sum of NINE HUNDRED THIRTY SEVEN THOUSAND AND N0/100
DOLLARS ($937,000.00); City additionally agrees to transfer to Seller City's Real Property, as
described and depicted on Exhibit "C" (hereinafter "Remnant Parcels") attached hereto and by
Page 2 of 9
Seller's Initials
this reference made a part hereof, valued at SEVENTY FIVE THOUSAND AND N0/100
DOLLARS ($75,000.00). Thus, in addition to the payment in cash of NINE HUNDRED THRITY
SEVEN THOUSAND AND N0/100 DOLLARS ($937,000.00), City agrees to transfer to Seller
title to City's remnant portions of land on APN: 010-272-23, after subtracting the land area
necessary for the Bristol Street Widening Project. The Remnant Parcels being transferred by
City to the Seller measure approximately 2,572 square feet t. A legal description and plat map
of the City's Remnant Parcels to be transferred to Seller will be provided to the Seller during
escrow. City agrees to deposit said purchase price in escrow with the Escrow Agent within
Sixty (60) days from and after the date on which the City has approved this PSA, and the
Escrow Agent is hereby authorized to pay said purchase price to Seller only after or concurrent
with the satisfaction of the following conditions precedent:
(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 Grant Deed conveying Said Real Property to City.
(e) Acceptance by Seller of a Grant Deed from the City transferring clear and marketable
title to the Remnant Parcels as described hereinabove and depicted in Exhibit "C".
7. Possession. Seller agrees to deliver to City, on the date the .Grant 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, Successors in Interest. 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 is of the 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. 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.
12. Just Compensation. Seller acknowledges and agrees that said purchase price
referenced in paragraph 6, above, is just compensation at fair market value for Said Real
Property and includes payment for fixtures & equipment, improvements pertaining to the realty,
bonus value, if any, and severance damages.
13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The
mailing address of the Seller is:
Page 3 of 9
Seller's Initials
Aurora Angel
1238 West Cubbon Street
Santa Ana, California 92703
14. Exceptions. City agrees to accept title to Said Real Property subject to the following:
NONE
15. Asrreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised by Seller in connection with the acquisition
of Said Real Property by City.
16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored,
or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous
Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or
from the Property. Seller shall not cause or permit the presence, use, generation, release,
discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the
transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
Material" shall mean any substance, material, or waste which is or becomes regulated by any
local governmental authority, the State of California, or the United States Government,
including, but not limited to, any material or substance which is (i) defined as a "hazardous
waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115,
25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code,
Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance"
under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter-Presley-Tanner Hazardous Substance Account Act}, (iii} defined as a "hazardous
material", "hazardous substance", or "hazardous waste" under Section 25501 of the California
Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response
Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the
California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii} listed
under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of
Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a
"hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317),
(x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and
Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous
substances" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, as amended by Liability Act, 42. U.S.C. 59601 et sec . (42 U.S.C. S9601).
17. 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
Page 4 of 9 ~~~~ ,'/~
Seller's Initials V~
Board, the Environmental Protection Agency, and all applicable federal, state, and local
agencies and bureaus.
18. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
disposal of any Hazardous Material on, under, in or about, or the transportation of any such
materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
about, to or from, the Property. This indemnity shall include, without limitation, any damage,
liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
suit or proceeding for personal injury (including sickness, disease, or death, tangible or
intangible property damage, compensation for lost wages, business income, profits or other
economic loss, damage to the natural resource or the environment, nuisance, pollution,
contamination, leak, spill, release, or other adverse effect on the environment). This indemnity
extends only to liability created prior to or up to the date this escrow shall close. Seller shall not
be responsible for acts or omissions to act post close of this escrow.
19. Continpency. It is understood and agreed between the parties hereto that the
enforceability of this PSA, and the escrow created hereby, is contingent upon the express
acceptance and approval of this PSA by City. The execution of this PSA by City, and the
delivery of same to Escrow Agent, shall constitute said acceptance and approval.
20. Modification and Amendment. This Agreement may not be modified or amended
except in writing signed by the Seller and City.
21. 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.
22. Captions. 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.
23. Governin4 Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
24. No Reliance By One Party On The Other. Each party has received independent legal
advice from its attorneys with respect to the divisibility of executing this Agreement and the
meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their
fair meaning, and not for or against any party based upon any attribution to such party as the
source of the language in question.
25. No Third Party Beneficiary. This Agreement is intended to benefit only the parties
hereto and no other person or entity has or shall acquire any rights hereunder.
Page 5 of 9
Seller's Initials
26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the
other, execute and deliver such further documents (in form and substance reasonably acceptable
to the party to be charged) and do such other acts and things as are reasonably necessary and
appropriate to effectuate the terms and conditions of this Agreement, without cost.
27. Applicabilitv of Aareement To Assianees. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties to this Agreement.
28. Authority to Execute Aareement. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority or power is not,
in fact, held by the signatory or is withdrawn.
The parties have executed this Agreement as of the date written below.
/_.~ - "r -- -"\
BY:~~
,Aurar nget"
("
~.
7:1y
~
,200z:!
SELLER:
Date:
CITY I BUYER:
:~TY OF SA[J::J)? [2.
David N. Ream
City Manager
rrate:
7//..-(/j/~2007
,
By:
, -
Date: , 200'1;
ATTEST:
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
/1
BY,:
e Sandoval
S nior Assistant City Attorney
Date:7JR/C \;L ,2007
Page 6 of9
Seller's Initials
M
EXHIBIT "A"
LEGAL DESCRIPTION OF PART TAKEN
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
f-'-.I~~~;~.~~_ST...- I
M~retlll4!'';:' · ':!:'?~-';~Pi~'UCl;llllNl~ ~I
'1' LIlli:!.
I 10' ':.: as ILll.lro
L I I : e I IM,T,S.1
. 3ll'1I - - --L. . _ _0 --J OnAJI_NT<:;
L ,,:i"r- I"r ~j I . r.C_U~-=-TI'
I Tl f:'1 ~'1' :nIP.o.e.~
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.1:: tll l" - - --l .. I" I ..
I- ,':" :c .. 1:: ~..., I" I
(Ill" ;, ..,~ ". i I "4--:}t1
,t 'i 'lII!t IUO' P.O.C.
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D. __0--.
f-I-~' PARCEL 's"
(Il., 1.959 SO F'T ~>
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'j sn'CQIIIfClt
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!MCFADDEN ~'t A\i'E.
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I M1'I1'"il",. ---+
E;QilB,lL 8-,
P4RCSLB
THAT POIlTION Of' l..OT 12 OFTHE NfN1NGEIl. TJACT, IN THE CITY OF
SANTA ANA, COUNTY or ORANGE. !T A TI! OF CMJfOIlNI^- PER. MAP FILSD
IN BOOK" PMlE 33 OF MISCE1.LANEOOI MAPS. IN ntB OFFICE OF THE
COUNTY IlECOll.OER Of' SAlD COONTV,DE!ClUBEO AS P'ucEL I IN A
CiItANT OI!ED RECORDED ON OCTOBER ::1. 1991-U rNS'TRUMENT
l'<<l. 91.ml"S,OI'PICL'lI..A.ECOItD! OF SAIDCOI.'NT'I' RECOIWER,LYI1<lG
WESTE!U. Y OP THE FOllOWlNO OESCllIBED lINE:
COMMENCING "TllIE POINT or lNTillSiCTlQN OF A LINE PAL\UEL
WITH AND u.oo FEET !AJTliR.L't Of THE CENTERUNE OF BlUSTOL STItET.
WITH" LINE PARALLEL \II1TH AND 11100 FEET SOl1tHl1:I.LY OF 1lIE
CENTEIlUN!! Of Ct./BBOH SnEEr. AS SAID STREEt'S ARE SHOW ON SAlD
Nl'NlNOD. nACT;
THE'NCL NOR.mOL Y. PEIU'BNDICt1LAR TO SAlD ctNTElUNE OF CUIION
snEEr. NOI"09'36'"E.11.00 FEETTO THE nlll POINTor BlGlNNI'IG;
THENCE-ALONG A tJNE. WHOSE SOVTHWESTDLY T!lMINtIS IS nm
?OINT OF INTEISECTKlN OF" LINE PAIlAlL.!L WJTl{ A.ND ISl.I;lD FEET
EASTEaL Y OF SAID C!NTE1U.lNIi OF UISTQC.ITlEET. WITH "UN1!
PElU'ENDICt1LAJl. TO l..A.ST SAlO ClNTEl\LINE AND 'N'HlCH PAS!ES
THROUOH tHE POINT OF COMMDlCEMENT. S45"54'OI...... 1.16 fEET TO THE
POINT OF lNTIUECTJON WlTH A LINE PAIW.LEL WITH AND 1O.DC1 FEiT
EASTElL YO' LAST SAID CENTERlINE;.
THENCE,lOt1'l1I2RLY ALaND lAID PAItALLEl LINE $GO"]"26-"',
14'1.(11 PUT TO THESOl1tHl1:RlY L[NEOf SA1D PAl.CEl.I,lNSTItUtrolENT
NO.91.S71t4J.OA.
CONTAlNING iJJ9SQUAllE FEET. ,",01tE 011. LESS.
AU. AS 5HQWN ON EXHlB[1"'f>I~ATT ACHED HEJI.ETO AND BV nus
Il.EfEllENCE MADE A PAltT IIElUiOF.
stlaJECTTO ALL COVENANTS,IlIOKT!. 1I0fm.OF.W A Y AND !ASEMENTS
or KECOlD.IF ANY.
PRI'.PAlED BY M!. 01 tJNOD. MY Duls.cnON ON
LV~ If ~
,
RAYMd~,PLSm4
EXPflES 111)1101
S.
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.
.....
I CUSSON ST.
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~30.~lat ~ e~ 1'-~1/lJ ..
t ''It.+I' rl;UTEl"'~~N:;. IM.t.S.l
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I MCFADDEN AVE.
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Ew.B.ll.. 6-1 f
PA>CEL c
TKAT PORTION or LOT 11. orTH~N1NINOEIl TRACT,IHTHE ClT'tOP
SANTA ANA, COUNTY OF OlANCiE, rrA TE or CALlFOR.N1A, nit MAP FlLEO
IN lOOK .. PM!];I OF MISCELLANEOUS MAPS, IN THE OFFICE 0' THE
COU'NTY Il!COlDER OF'sAtD CQtJNTY. OfSCRJElEO AS PARCEL 21N A
OAANTDEED RECORDED ON OCt'OIIEIlll.1ft1l AS lNITR.UM!NT
NO. 91.Jn\4S, OIFICtAL lECOlDS OF SAID COUNTY IJ.ECORDER,J,.~G
WE!TElLY OF THE fOl,t.QWINO DESCII.IBED LINE: ~.
COMMENCING AT THE POrNTOP INTEIlSECTlON OF AUNE PARALLEL
WITH AND U.oD fEET BASTEIU. Y OF Tl-lE CENrEAllNE OF aJJSTOL STREET.
WITH A UN! PAlALLEI. WITH AHD 41.00 FU:t SOU't1-lBlL Y OfTHI'
CENTElJ.lNE Of azBBON STREET, AS SAID StuEtl A1U! SHOWN ON SAID
NININGEIt TMCT:
THENCE, NOJtTKEIt1. y, PEIU'ENDICUl..U TO SAID CENTERlINE OF cttBBQN
STREET, Nllt"Ot'S6"E,17.oo P'EliTto THE nUl POll'tI"or IEGINNlNG;
THENCE. ALONG A LINE, WHOSE SDU't'KWEI1'nL Y TERMINUS II THf:
!'(lINT 0' lNTUSECnON OF A UNE r'AItALll!L WITH AND &1.00 FEET
BASTElL Y OF SAtD CENTERUNE OF U1STOL STI\itT, WITH A lINE
'EU&lOICVLAJl. TO tJ,STs...m CENTElLlHE AND WHICH "...SlD
TlilJ.OUGHTI-mPOIHT OFCOMMENCEMENT. S4J"J4't1'"W, 7.2& FEETTOTH!!
"OINT 0' tNTBlSECT1Ol\l WITH A LINE PAIlALLEt. wtTHAND IO.OD FEET
EASTERLY OF tAST JAm CENTliRllNl!::
THENCE, SOUTHERLY ALONDSAIO PARALLEL LINE SOO"JI'16'"W, 93.11 F&ET
TO THE SOUTHERLY L1NE OF SAID PARCEL 2, tNS!RUMENT
NO.'I-Sn14S,o.a.
CDNTAlNlNC U66SQU...1lfl FEiT, MOI.E 011 LEIS.
ALL AS SHOWN ON EXHtlltT .'!H,.....17ACHED IlElETO AND BY nus
kEFERDlCE MADE A I'AIll' HERfOf.
SUBJECT TO ALLCOVENANTS,IIGHTS, RIOHTS.oF.WAY AND EASEMENTS
Of RECOID.IF ANY,
PREPARED BY ME, OR UNDER MY DIRECTION ON
A", /~ "0/
.
~""-;
IlA YMONO J. RIVERA, PLS 1114
EXPI!tESI2I:WB1
Page 7 01'9
<l-
Seller's Initials ,
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 perfection of title as of the date on which the
transferring instruments referred to herein are recorded in the Office of the Orange County
Recorder. All prorations made during escrow are to be made on the basis of a 360-day year
and 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.
Escrow Agent is 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 Escrow Agent, 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 and affected hereby, Escrow Agent shall
have the right to discontinue any or all further acts on its part until such conflict is resolved to its
satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any
Superior Court of competent jurisdiction, and 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 Escrow Agent in connection with, or arising out of this escrow, including, but without
limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the
event Escrow Agent files a s~it in interpleader, it shall ipso facto be fully released and
discharged from all obligations imposed upon it 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.
Page 8 of9
Seller's Initials
EXHIBIT "(3"
LEGjl.L DESCRIPTION OF PART TAKEN
THE lAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
L _ CUSSON ST.
I of .T--.,....I"'i;.;-----, i
~Fc-uGr.7;, "':!i;rFO..."
! ;-~Tet*lU
... ~ ij" I-'::':J~ "l
L' I I ; ~ I (M.1.~.J
. ;1C'-,-, - _ ~ ~ _ _"-J DFTA'I_NT"
L..1"r ,,/1/' ~~ I ~ r:C_U~;~I'
I . Tl ~" ~, . ".o.a11
" I .,"It'!...I ~ 1 ,,,'" '5:
'= "',GO' " eJ I' .
.I~ l"--:q--l :n " / I ..
>-', .. , I .rC'---,.L
CJ) J -" ...... la ..J"-
, i · 'i ~I "". I F.O.C.
-' 1 - ,
a, __>:J---f
~ f- JG' PARCEL -8"
(f), I t.959 sa FT ~
a: !--i--1' ----' "<(-'1',,
(D i' I f ~'<:-'1P
... s I I I ~~ I ~....~r;j.,...
I!~~: U' : .~: ~....",.
'1 sr.'l..TCOIIHDt
, --:--II'::. ,,,,,....,,..
!MCFADDEN ~~ AVE.
-, --t-L""'~'!L y ,~... I 1'''''tiE)
I """1''T'T~~-----+
ElllillllLB-/
PAIlClLa
TII....r1OkTlONor LOT 120'1lf1 NIt\1NOEl TRACT, DrlTKECITY OF
SANTA ANA. COUNTY 01 OKANQ.. STATE OF CAUFORNrA. PEll MAl F[tEn
1M 1IOOKJ,'AClD OF MllCELLAN!OU1 M"ps' lNTHI OFPICIOFTHl
COUN1'V UCOIDU. Of' SAID CCIJtlrY. DllClIIED .u flAl.CIL I J)I A
GAAl'ITClED1!COIlDG0N0CT'01U.21, 1"1 AlIN!Tll1l4ENT
NO. 'l.J1ZI4J. OPPZC1/t.L ItBCOlDS Of SAID COIJNTY UCeMER. LYlNO
W'EMIU. Y or TH! P'OUQWlNO DESCIIBED [,QIIE:
COMMDlClNO AT lHI POrtn' ClI /lIITEUK'TION Of' A LIHI PAlALl.!L
WITH AND I!.. P!!TIAlTULY O'THlCIliTUUNI! 0' IUlSTOf.'STUEr.
Wt!KA UHI PAaAUA wtnI AND 41CJO PItt' IOl1t1IBLY OFTHI
C!HTEaUNIOf CUUON STUIT. AS SAlDSTUITJ AU SHOWN ON SAm
_UACT;
'fHINCI,NOI.THDLY.I'Ul!NDtCt1LAa TO IAlDCINTIILDll:Or aJUON
STUIT, NDlaonvr.11JlD nlT'TOTHI TaUI POINTOf' JaClMQN'C;
TlIINCI, AI.CNOA UN!. WHOftSOlJ'TKWUTDLYTIWINtJ1IIITHI!
POarn' OF Ulla..-I""WDF" 1JNI PAlAtUL WITH AND ROO PIIT
E.uTllI.YDrWDCIJrCTIIUNI Of' UISTOLIlUiT. YhTH "UNI
pEJ..PINDICUlAI. TO L.UT lAID CINlDl.lNI AND WHJC'H PAISES
THKOUOHTHlf'OI'tn'Ot'COMMEHCIMDn',""'''''01''W,1.1ti FETTO mE
PONrO, Ihl_~_ wmlA UNI PAaAU.EL WITH ANtI 10.00 lEET
EAlTDLY or LAlTIAIO ClNT!lLM;
THlHCLIOUTHDLY AI.ONQ SAID 'oU.ALUIL UlrIISG1l"31':ZVW.
142.01 'DrTDTHI!OUTRIlLY LIKE or S.folD 'AACEL l.lNS11.UN&HT
NO..I.mI4!.o...
CONT4l1CNQ lJ" SQUAltEFEET. MOlt! Olt f.W.
AU. AS SHOWN ON EXHlBn"IIol'~,".o\TTACHEO HUEto "No B'y tms
IlEn!lENCI MADI A PAl.T 1<<lt1OF,
SlnlJICTTO ALL COVENANTl.IIGHTS.IUCJHTS.o'.WAY AND EASEMENTS'
OF"JlfCORD,I'ANY.
P~);,^UO IYMI. 01. LlNDD MY 0I001CNON
~/f""
,
e
J"i&.~
RAVWQtolD'J.k1YDA.IUW4
.E:C'rlU lZnl107
'RIlPARED DYME, Olt UNDER MY DIRECTION ON
Ll.<<r.v
.
f-t-T ClJ~~~..~2:.~.,.:-
N1f'LM~~ b''''~:;rMB' b
Il.ILj'U ...-- i-~~1~
r 10 . a~ J......lf~~II:u
3t/ "IlJ'U ~ lIi!b I
r ~I:' ... ,- _;-11 DCE~A~~N;:. IM',1.S.1
j~ f,' ~t ~~ I ~ f'O'~~lt
I~ fri' ..~;"~.... -......../ ~rl //Ix. I: ;
. ..pr;/'':' II: ....4..__
c.' I. ~..h"~" I
r- .:,'fr ll::1:I IS.OO' P,O,C.
(J)i I of ;; I
-'L". .,.---......,
o r I ' PARCEL "c"
>-1' 1.966 sa FT r"
~ I 'I ~
ffiht-J~ ~.~ i ~~<(-:~r;"
, s , '0 ...."".,..,
i ~Q;: U ~: ~....~.,...
,h
! ___:.:: U;~.~'.",
1 MCFADDEN AVE,
_'I' I!OR~!!!:!~~~~~~~~!+
"'t'1154".
EIllil.Ill.L9'~
,I
I
~
'AllCtLC
TlL\TPORnDNor t.DT It atl1lJNtNlNGIA TlAct,lNlHE mv or
SANTA ANA, COUNTY pr OlANO" STATi or CALffOl.HI,., PP: MA' PILED
D111OQr;,,'AOID Of'IGIC!U:ANIOUS MAPS,INTHlOffICI O1THE
COUNTY UCOlDUorlAID c:qtlNTY. DISCllIiD AI PAACEL:Z IN A
OlANTDlIDucaaDlDON OCtDIU 11,1"1 AlINITJ.UM!HT
NO. 'I.ml"', OffICIAL IIOOaDI or SIoID c:otfNTT UCOItDEltJ;YIMi
WUTPLYOFlKIPOLLOWINODQCllJIDUNE:" . t'4'" .
COMMlNCJHQATTHI'2'OJN'f'0II tHTiU!CTX)" OF A,!JNI'AlALLU.
wmI AND 1$.00 PllTIAITEU. Y Of nm CDITUI.iJlII or lWITOl, STREEt,
WITH ALINI'AUlUL TmHAHD WlI RlfJOUnlllLY Qf'THt
CENT'IlLDlI DraJHON ITUIT,A$'AID ITRUTI.-.u SHaW"'" SAID
NIIrlINOU'TlAC'n
l'HINCLNOaTHIIU.y,1'IAPINDICt1l.A TOLUD CDfIULIlfIO'CltlBON
STUiT,M1I"Ut'Jri, 11JltlllTTa THlTltJl PO'ftIlTDFJZClNNJNG;
THINCJ. ALOIIO" UNI, WHOII! IOU1ltWUTEIL l' T!IMINU111 tH!
POlN1' OIl IhTDIICT1DNOf" UN. PAIW.LIL wmc ANtlIIAD,ar
BAITPL Y Of' "'ED CiNJD1JNI or UllTOL 1lI11T. WJl'H A UNi
'EUlNDICULAI. TO tAJT .AID CINTIlUHI AND WfUCH PAIl!!
THmUOHtHll'CXNT OFCCAIMIHCIMIHT...,.M'lII"W',1.2t rElTTC THE
pOINT or INTIIIICT10N wmt A UNI PAMU.!1. wrTH AND 1tI.l1C1 FEET
ZAl'l'ULYOFlAJTSAJDCEHTilUNI;
ll(!NCJ,IOUTHEILY ALONOJAlD 'Au.LLEL UNiSOO"n'2'~W. '3.17 FEEt'
TOTHI!IOUl1ULYUNE or JAID PAItCEL:z.INSTJI.U'MENT
NQ.".ml4.t.o.J.
CONTAl'NfHO I_SQUAD fEET, MOIUi Ok LESS.
ALL AS SHOWN ON EXfflIrr"'8'z). TT....CHED HElErO AND BY THIS
IEFEll!NCE MADI APAI.THEkEOf.
St.rIJEC'tro ALLCOVENANTS. 110HTS,!U<iHT!.QF.WAY AND EASEMENTS
Of lECOkD, IF ANY.
~..........~
!lAYMONOJ. alVUA.'U 1124
EXm.n f2IJIJ01
f
Seller's Initials
t4j
Page 9 of9
,
I-i '" co (_ ~ 0
~~ landAmerica
.. Commonwealth
Commonwealth Land Title Company
1920 Main Street
Su ite 1200
Irvine, Ca 92614
Phone: (949) 930-9399
Fax: (949) 261-5781
".- (, ;
1. ... ~--
r---\
,.."
-'3
~
October 29, 2008
::,<
(.':J
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza, M-30
Santa Ana, Ca., 92701
",::;:000
-
r'. .....-
/
'9
w'
v.J
Cust Reference:
Our File No:
970888-KH7
07570066
Please find enclosed the following items as they relate to the above title order:
!ill Certified copy of Grant Deed
If there is anything that you should require, in addition to the items enclosed, please
contact the undersigned immediately.
Sincerely,
Mitch La Riva
Commercial Title Officer: Mitch La Riva
Phone: (949) 930-9329
Fax: (949) 930-9396
e-mail: mlariva@landam.com
Enclosure(s)
Transmittal Letter
(Rev. B14(03)
..
1-_) -' oJ-VtI 1- C'- '
This Document was electronically recorded by
LandAmerica Commercial Services
RECORDING REQUESTED BY:
LandAmerica Commercial Services
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M.30
Santa Ana, CA 92701
II1I1 ~Ii III ~i II11 III! all 1111 ~i 1111111 ~11133. 00
2008000494415 08:42am 10/28/08
11348 G02 A04 8
0.000.000.000.0021.000.000.000.00
AND WHEN RECOROED MAIL TO:
Free recording requested by
The City of Santa Ana per
use
government code sedJon 6103
Title Order No.: 07570066
j; C 4'(( -tI 2' d- "rq
THIS SPACE FOR RECORDER'S USE ONLY:
Escrow No.: 09700888-KH7
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $ DOCUMENTARY TRANSFER TAX Is $0.00
[Xl Exempt per Revenue & Taxation Code Section 11922
(acquired by exempt agency)
[ ] Unincorporated area IX] City of Santa Ana AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowiedged,
Aurora Angel, a married woman as her sole and separate property
hereby GRANT(s) to:
City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and
laws of the State of California
the real property in the City of Santa Ana, County of Orange, State of California, described as:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
Also Known as: 1011 & 1007 South Bristol St, Santa Ana, CA
A.P # 010-272.24 & 010-272-25
DATED: August 18, 2008
~ '/'(
STATE OF CALIFORNIA }ss:
COUNTY OF ORANGE
On ~ j... · J ).-00 Y before me, [ 1 rjZ J'- '" C fVl ~-r' L '-~ , a Notary Public, personally
appeared Aurora Anqe[ who proved to me on the basis of sausfactory 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(iesl, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
,
. IIAUI. MA1IUA
Com..Llul},d' 1616276 i
NlllaItr NIIIc . CaIIIomIa s
0Iange <:ar4y
_CollIn. __Augl. 201
WITNESS my hand and official seal.
Signature
It-J /11;;:;l!L..-
This area
MAIL TAX STATEMENTS AS DIRECTED ABOVE
m.. ~ landAmerica
... Commercial Services
Commonwealth, Lawyers Title
1920 Main Street, Suite 1200
Irvine, California 92614
Phone: (949) 930-9399
PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I certifY under the penalty of perjury that the notary seal on the document to which this statement
is attached reads as follows:
Name of the Notary: Raul Matilla
Date Commission expires: 08-05-2010
County Where Bond is Filed: Orange
Commission No.: 1686276
Manufacturer/Vendor No.: NNAI
Place of Execution:
Irvine. Ca.
Date: October 20, 2008
Signature:
RCIAL SERVICES
LAND
I further certify under the penalty of perjury that the illegible portion of the document to which
this statement is attached reads as follows (if applicable):
Date: October 20, 2008
Signature:
LAND AMERICA COMMERCIAL SERVICES
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by deed
dated ~-\,~c>"D from A0~~ ANC,EL to
the City of Santa Ana, a charter city and Municipal corporation duly
organized under the Constitution and laws of the State of California, is herby
acknowledged by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Ordinance No. NS-2352 and
Section No. 33-55 of the Santa Ana Municipal Code adopted by the City
Council on June 1, 1998, in compliance with California Government Code
Section 27281 and the grantee consents to recordation by its duly
"",""rired offioe,. o,'{ ~~
8-/2.-08 ~
David N. Ream
PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
STATE OF L1J J ~(n I"
COUNTY~F {)raYl,.e.
On 1{ E:/ifi before m
(Date)
Appeared , who proved to me on the basis of satisfactory
( ame of pers signing)
evidence to be the person~whose name~ is/are subscribed1b the within instrument and
acknowledged to me that /she/uly executed the same in hi~er/the~uthorized
capacity(ie/), and that by 4dher/thl{r signature(/) on the instrument the personvr, or the
entity upon behalf of which the person(~ acted, executed the instrument.
I certifY under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
.....~ landAmerica'
_ Commercial Services
Commonwealth, Law)'ers Title
1920 Main Street, Suite 1200
Irvine, California 92614
Phone: (949) 930-9399
PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I certify under the penalty of perjury that the notary seal on the document to which this statement
is attached reads as follows:
Name of the Notary: Christopher Carrillo
Date Commission expires: 08-09-2011
County Where Bond is Filed: Orange
Commission No.: 1760709 Manufacturer/Vendor No.: NNAl
Place of Execution: Date: October 20,2008
Signature: ~
RICA COMMERCIAL SERVICES
I further certify under the penalty of perjury that the illegible portion of the document to which
this statement is attached reads as follows (if applicable):
Date: October 20, 2008
Signature:
LANDAMERICA COMMERCIAL SERVICES
EXHIBIT" A"
PARCELB
THAT PORTION OF LOT 12 OF THE NININGER TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED
IN BOOK 8, PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL 1 IN A
GRANT DEED RECORDED ON OCTOBER 21,1991 AS INSTRUMENT
NO. 91-572145, OFFICIAL RECORDS OF SAID COUNTY RECORDER, LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE PARALLEL
WITH AND 85.00 FEET EASTERLY OF THE CENTERLINE OF BRISTOL STREET,
WITH A LINE PARALLEL WITH AND 42.00 FEET SOUTHERLY OF THE
CENTERLINE OF CUBBON STREET, AS SAID STREETS ARE SHOWN ON SAID
NININGER TRACT;
THENCE, NORTHERLY, PERPENDICULAR TO SAID CENTERLINE OF CUBBON
STREET, N01 009'36"E, 17.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, ALONG A LINE, WHOSE SOUTHWESTERLY TERMINUS IS THE
POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 68.00 FEET
EASTERLY OF SAID CENTERLINE OF BRISTOL STREET, WITH A LINE
PERPENDICULAR TO LAST SAID CENTERLINE AND WHICH PASSES
THROUGH THE POINT OF COMMENCEMENT, S45054'01 "W, 7.26 FEET TO THE
POINT OF INTERSECTION WITH A LINE PARALLEL WITH AND 80.00 FEET
EASTERLY OF LAST SAID CENTERLINE;
THENCE, SOUTHERLY ALONG SAID PARALLEL LINE S00038'26"W,
142.07 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1, INSTRUMENT
NO. 91-572145, O.R.
CONTAINING 1,959 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS
REFERENCE MADE APART HEREOF.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF- WAY AND EASEMENTS
OF RECORD, IF ANY.
PREPARED BY ME, OR UNDER MY DIRECTION ON
RA YM~~' PLS 8324
EXPIRES 12/31/07
~ /~ ,1&>7
f
EXHIBIT "A"
PARCELC
THAT PORTION OF LOT 12 OF THE NININGER TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED
IN BOOK 8, PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL 2 IN A
GRANT DEED RECORDED ON OCTOBER 21, 1991 AS INSTRUMENT
NO. 91-572145, OFFICIAL RECORDS OF SAID COUNTY RECORDER, LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE PARALLEL
WITH AND 85.00 FEET EASTERLY OF THE CENTERLINE OF BRISTOL STREET,
WITH A LINE PARALLEL WITH AND 42.00 FEET SOUTHERLY OF THE
CENTERLINE OF CUBBON STREET, AS SAID STREETS ARE SHOWN ON SAID
NININGER TRACT;
THENCE, NORTHERLY, PERPENDICULAR TO SAID CENTERLINE OF CUBBON
STREET, N01 009'36"E, 17.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, ALONG A LINE, WHOSE SOUTHWESTERLY TERMINUS IS THE
POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 68.00 FEET
EASTERLY OF SAID CENTERLINE OF BRISTOL STREET, WITH A LINE
PERPENDICULAR TO LAST SAID CENTERLINE AND WHICH PASSES
THROUGH THE POINT OF COMMENCEMENT, S45054'01 "W, 7.26 FEET TO THE
POINT OF INTERSECTION WITH A LINE PARALLEL WITH AND 80.00 FEET
EASTERLY OF LAST SAID CENTERLINE;
THENCE, SOUTHERLY ALONG SAID PARALLEL LINE SOoo38'26"W, 93.17 FEET
TO THE SOUTHERLY LINE OF SAID PARCEL 2, INSTRUMENT
NO. 91-572145, O.R.
CONTAINING 1,966 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF- WAY AND EASEMENTS
OF RECORD, IF ANY.
PREPARED BY ME, OR UNDER MY DIRECTION ON
~./~~
V
RAYMON~~LS 8324
EXPIRES 12/31/07
I CUBBON STo
i<f.- T-- NB8'50'24"yi----r
NW'LYCORNER in P.O.B. lG
LOT 12, '"
M.M. jl33 :: - ~E'L Y CORNER
1 'I' LOT 12,
. _ ~ '" M.M. 8/33
80 _ Or-
. 0 '"
I N -. I I
... 0
L 3D' ~ - _ ---1- ~ _ _0 ---J DETAIL-NTS
1 I I '~O'O,?-' ~ CUSSON 5T.
I 110' 4'~ry f'-. ~ r---4---
. ~ /I'll 0 r- . 1:
t-- 40 >,:")'1 0'" I- P.o.B'll
I '?i -- 6 (f) .......1 b
UJ N8a050'2411W a I ....J I // ~
I~ I I 40.00' --I 0 I / I'"
IN -- I- /
o -;., ~I Ln (fJ-\!I-I' / I
l- \:' ~ '1'..... I LL__....(-L
10 N a:: -1"'-
(f) I Z g S2 7 m 85.00' I P.O.C.
1 Z ;? I
~ I _ _0----1
0,
I- I- 30'
(f),
~!
ml
1
+ ~
I ",\Xl
I !j!:oi
15:i
, u.
I ~~~
I Vl...J
SE'L Y CORNER
I r' LOT 12. M,M. 8/33
iMCF ADDEN ~ ~ A ~E.
- - I' (F~RME~L Y F !-IRVI~~ J A V~NUEt-ooL
N89'17' 54 "w 1:
EXHIBIT B
~
IN. To S. )
-
o
PARCEL "8"
1,959 SQ FT '00'\
,\00
o
Sv<<- CO \
o
~~~.
~~~.
~
I
I
80'
ll>
'"
1
N
(J)r-
-. '"
01
-'0
SANTA ANA
'PWAj
, ,
.........-
A.P. NO. 010-272-25
I CUBBON ST.
,t- T - - Na8-'50' 24"W - - --.-
NW'L Y CORNER 1G N45'S4' 01 "E P 0 8 in
LOT 12, 7.26' . .. N
M.M. 8/33 _ ~
I '" - NE'L Y CORNER
80' 7 LOT 12.
r 10' , ~ ~ M.M. 8/33
30' "! () 7
"'en -- 0 I
N88'SO'24"W IN. T.S,)
I I 40.00' _ _0 -J DETAIL-NTS
r ~JI "': N ~ t--.. ~ CUSSON 5T.
i ~ ~ ~ ~ ~ ~ ~ I ~ ~'~'8~~: :1 - g
IN Z, O....J I / '"
I~o, I 40.00' - -U1 ----J ~ I If / " ...
N8B'50' 24 "wi N (f) -\!!.J /
,z ,~O'O<r' ~ cr I L.L__~..L
., A,-.rb ~ ~ 1"- P 0 C
I-- I 10' '''4'1) -- 6 en 85.00' . . .
'1" 0 I
(/)1 ---j
~
,
~ ~30'
tr; I I I
f-i 1 I I 7
gsht8~'~ ~ ~
I ",<Xl I I 0
I w. I
~~ , I
I 0
I ~~~
I (/)g
I
I __
I MCFADDEN AVE.
,
__I:ORM~RL Y_ FAI~VIE~ AV~NUE l
N89'17'54"W ~
EX!:U8IT 8
PARCEL "c"
1,966 SQ FT V'\
t('
'\~0
o
~<<:- <0\
o
~~~.
~~~ ~.
SE'L Y CORNER
LOT 12. M.M. 8/33
SANTA mA
'PWAt
, ,
.......-
A.P. NO. 010-272-24
PRELIMINARY CHANGE OF OWNERSHIP REPORT FOR RECORDER'S USE ONLY
To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.03 of the DOCUMENT NUMBER
Revenue and Taxation Code. A Preliminary Change 01 Ownership Report must be filed with each conveyance in the
County Recorder's office lor 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
SELLERfTRANSFEROR: Aurora Angel,
BUYERfTRANSFEREE: City of Santa Ana
ASSESSOR'S PARCEL NUMBER(S): 010-272-24
PROPERTY ADDRESS OR LOCATION: 1011 & 1007 South Bristol St., Santa Ana, CA RECORDING DATE
MAIL TAX INFORMATION TO: Name City of Santa Ana. Public Works Aaencv
Address
Phone Number"fB a.m. -Sp.m.1 ( i
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 1he 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 the 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 supplement;;!.1 roll obligation, please call the Orange County Aesassor.
PART I: TRANSFER INFORMATION (please answer all questions)
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. cosigner)? 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 and is for the benefit of the 0 transferor 0 transferor's spouse?
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 0 Creator/Grantor and/or 0 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 tenn 35 years or more including written options?
[ilj *J. Is this a transfer between 0 parent(s) to child(ren)? 0 or from grandparent(s) to grandchild(ren)?
iii *K. Is this transaction to replace a principal residence by a person 55 years of age or older?
Within the same county? 0 Yes D No
o Ii *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? 0 Yes 0 No
o [J' M. Is this transfer solely between domestic partners 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 Assessors to understand the nature of the transfer.
If the conveying document constitutes an exclusion from a change in ownership defined in s tion 62 of the
reason other than those listed above, set forth the specific exclusions claimed: ,
Please answer all questions in each section. If a question does not apply, indicate with "N/A", Sign and date at bottom of second page.
YES
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
r:2
1;1
~
ri
~
;
e for any
PART II: OTHER TRANSFER INFORMATION
Date of transfer if other than recording date
TYge of transfer (Please check appropriate box.)
51" Purchase 0 Foreclosure D Gift 0 Trade or Exchange
D Contract of Sale - Date of Contract
D Inheritance - Date of Death
D Creation of Lease
o Date lease began
o Original term in years (including written options)
o Remaining tenn in years (including written options)
Monthly Payment
C. Was only a partial interest in the property transferred?
If yes, indicate the percentage transferred ;3 0
BOE-502-A (BACK) REV. 8(10-05) ASSR-70 (Rev. 05/(6)
A.
B.
D Merger, Stock, or Partnership Acquisition
o Other: Please explain:
o Termination of a Lease
o Sale/Leaseback
o Assignment of a Lease
Remaining Term
Yes D No
"
%
Page 1 of 2
Please write Assessor's Parcel Number(s):
Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate wJth "N/A. JJ
PART III: PURCHASE PRICE AND TERMS OF SALE
Wrapped)
(Prin. & Int. only)
o New loan
o Assumed existing loan balance
o Bank or savings & loan
o Finance company
Amount $
(Prin. & Int. only)
o New loan
o Assumed existing loan balance
Amount $
Amount $
Amount $
.ct)
A. CASH DOWN PAYMENT OR value of trade or exchange (excluding closing costs)
B. FIRST DEED OF TRUST @ % interest tor years. Pymts/Mo.=$
o FHA (___ Discount Points) 0 Fixed rate
o Conventional 0 Variable rate
o VA ( Discount Points) 0 All inclusive D.T. ($
o Cal-Vet 0 Loan carried by seller
Balloon payment 0 Yes 0 No
C. SECOND DEED OF TRUST @ ----2:2 interest for _ years.
o Bank or savings & loan 0 Fixed rate
o Loan carried by seller 0 Variable rate
Balloon payment 0 Yes 0 No Due Date
D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? 0 Yes 0 No
Type: @ % interest for years. Pymts.lMo.= $ (Prin. & Int. only)
o Bank or savings & loan 0 Fixed rate 0 New loan
o Loan carried by seller 0 Variable rate 0 Assumed existing loan balance
Balloon payment 0 Yes 0 No Due Date Amounl $
E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? 0 Yes 0 No Outstanding Balance: Amount $
F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estafe commission if paid.)
TOTAL ITEMS A THROUGH E l!g~0r::fl).CiO I
o From a family member 0 Other (please explain;'
Due Date
Pymts/Mo.=$
Amount $
Amount $
G. PROPERTY PURCHASED 0 Through a broker r:f Direct from seller
II 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:
o Single-family residence
o Mulliple-family residence (no. of units:
Iil"CommerciaVlndustrial
o Other (Description: i.e., timber, mineral, water rights, etc.
B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? Cl Yes g No
If yes, enter date of occupancy I, 20~ or intended occupancy
(month) (day) (year) (month)
C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE? (i. e. furnilure, farm equipment, machinery, etc.)
(other than a manufactured home subject to local property tax)? 0 Yes Q'No
I' yes, enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property.)
D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? Cl Yes ~o
If yes, how much of the purchase price is allocated to the manufactured home? $
Is the manufactured home subject to local property tax? 0 Yes 0 No What is the decal number?
E. DOES THE PROPERTY PRODUCE INCOME? 0 yes st:;o If yes, is the income from:
o Lease/Rent 0 Contract 0 Mineral rights D Other (please explam):
F WHAT WAS T':!S-CONDITION OF PROPERTY AT THE TIME OF SALE?
o Good ., Average 0 Fair 0 Poor
Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in
. g~erm!!)!Q9..1t!t:.l. v~!l,!~..Q!..!~.e_Q!QQ~r:tL___
o Agricultural
o Co-op/Own-your-own
o Condominium
o Timeshare
o Manufactured home
D Unimproved lot
)
(day)
,20_
(year)
CERTIFICATION
OWNERSHIP TYPE (..I)
Proprietorship 0
Partnership 0
Corporation ~
OlherMU~,!( ....
I certify thai the foregoing is true, correct and complete 10 Ihe best of my knowledge and belief.
This declaration is binding on each and every co-owner and/or partner.
~<...
DATE
[0 - t
06
FEDERAL EMPLOYER 10 NUMBER
Nt>.
ADDRESS (typed or printed)
E-MAIL ADDRESS (optional)
DATE
(NOTE: The Assessor may contact you for further information)
If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing or a preliminary
change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20).
BOE-502-A (BACK) REV 8(10-05) ASSR-70 (Rev. 05106)
Page 2 of 2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 3, 2007
CLERK OF COUNCIL USE ONLY:
TITLE:
PURCHASE AGREBMBNT FOR
PORTION OF 1007 AND 1011 S.
BRISTOL STREET (PROJECT 06-1500)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 ~ Reading
o Ordinance on 2"' Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with Aurora Angel
for the purchase of a portion of the commercial property located at
1007 and 1011 S. Bristol in the amount of $937,000.
DISCUSSION
On May 7, 2007 the City Council approved the cooperative agreement
between the City and the Orange County Transportation Authority to
fund Bristol Street improvements from McFadden Avenue and Pine
Street. Improvements include widening of the street from four lanes
to six, construction of landscaping in the parkways and the median
islands, traffic improvements, drainage structures, sound walls, and
other amenities as outlined in the Specific Plan.
To accommodate the widening, the acquisition of a portion of the
above property is required (Exhibit 1). The purchase amount is the
appraised value prepared by an appraiser licensed in the State of
California.
25Z-1
Angel Purchase Agreement
December 3, 2007
Page 2
BNVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project has been determined to be adequately evaluated in
the previously prepared Environmental Impact Report/Environmental
Impact Assessment EIR No. 89-01 approved by City Council in 1990.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund
(account no. 59-553-6611).
APPROVED AS TO FUNDS AND ACCOUNTS:
~ rt~~ ~h
James GRoss
Executive Director
Public Works Agency
'.:t-\\r\<"I)I'~~'" .)~.-%-:-
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
r!
25Z-2
MA TCHLlNE
SEE BOTTOM RIGHT
lEGEND
t'~::~:1 SUBJECT PROPERTIES
[~~ ACOUIRED PROPERTIES
,- ,
I ' ~ I
, !
RAYMAR
.g
I I~
-+-- -t---,
I iO
'"
RICHlAND
I :~~1~
, I '
TOLLIVER
71
716
72
802
800
814
8le
'ai2
902
--0
WALNUT ST.
TI--,-
,
- T------r-'-
1 I
1
'I
PINE ST.
AVENUE
701 I
---n :
711'1
--! I
u I I
717 '
HI HLAND
\~I I
1- ,
tLt
,~"
, :;00
:?JO
3>4
318
40:2
40~
41-0
414
420
MYRTLE
43
434
438
442
, 446
502
wa
510
514
- ~
518
5:2 .
WillITS
c
MCFADDEN AVENUE
, '1 ~
;.AJ,.... A:':"
,= '!'::\ , A~~~~NA~~
, 'I \'~ ~DECEMBER 3, 2007
r"liI ( I~'l!.', .;lHf'
1
, '
, I
~-~---"--
I I
MA TCHLlNE
SEE ABOVE lEFT
EXHIBIT 1
TITLE: PURCHASE AGREEMENT FOR
PORTION OF
1007 AND 1011 S. BRISTOL STREET
(PROJECT 06-1500)
25Z-3
~
N.TS
S \:-; 1-\ \:-;.\