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HomeMy WebLinkAboutPHAM, VERONIQUE1` _IiA, QUIRED FIE-9 0 4 2021 v ,POCEFO .AMA \ LZ O'.(piLRh��N lopz ILI) PURCHASE AND A-2021-006 SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on January19 2020 , 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 VERONIQUE PHAM, a single woman (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property rights (hereinafter collectively "Said Real Property") legally described as follows: SEE EXHIBIT "A" _ Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2241-2245 S. Kilson Drive, Santa Ana, CA) (APN# 016-103-22) 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: Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) 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 (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 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 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 Six HUNDRED NINETY THOUSAND DOLLARS ($690,000) insuring the title of the City to Said Real Properties are 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 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 Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, 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. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of 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, cost of title insurance, re -conveyance 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 8 and Exhibit "B" of the 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 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 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. 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, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of SIX HUNDRED NINETY THOUSAND DOLLARS (690,000). 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 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 portion of Said Real Property to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of 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, which shall be made free by Seller of all personal property. a. No later than fourteen (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three (3) days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14)days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/365-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the 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. 10. Heirs, Assiqns, Successors -in -Interest. This PSA, 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. 11. 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. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and includes payment for fixtures & equipment (improvements pertaining to realty), goodwill (if any), and severance damages. 13. Acknowledgment of Full Benefits and Release A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the previsions of the California Civil Code Section 1542, which provides as follows" "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if know by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal or similar effect. This acknowledgement and release shall survive the Close of Escrow. 14. 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 92701, County of Orange, State of California. The mailing address of the Seller is 8572 Oasis Avenue. Westminster CA 92683. 16. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA 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. 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. S6903) 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. S9601 et sec. (42 U.S.C. S9601). 18. 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. 19. 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. 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 constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA 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. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. 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 PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. 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 PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. A-2021-006 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above.` V es� q Pew bi . uvrYt SELLER: ab � d�I- --` Date: Veronique Pham City/Buyer City of Santa Ana Kris6finidge ' City Manager i-� ®r) Daisy Gomez City Clerk APPROVED AS TO FORM: 064 79e. 1 J615n M. Funk Assistant City Attorney MMENDED FOR APPROVAL: Date: Date: Date: 12-18-20 VNl w'�s a y a Date: �� Z-i 12ozl Nabil Saba, . Executive Director Public Works Agency Recording Requested By, Commonwealth Land Title Company When recorded, please mail this Instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 PO Box 1988 Santa Ana, California 92701 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIJ11111111111111111111IIIII111111JJJJJIIIIIIIIIIII11ill11111Jill NO FEE *$ R 0 0 1 3 1 6 1 4 7 1 $ * 2021000569595 1:57 pm 09113121 227 NC-5 G02 A04 7 0.00 0.00 0.00 0.0018.00 0.00 0.000.000.00 0.00 DOVCITY NMENT CODE SECTION 62At33 Space above this line for Recorder's Use CANCEL MPROVED A9 TO APPROVED BY DESCRIPTION A,P, RWNW PROJECT CANCEL AM eY ATS DIRECTOR WRRTEN DY �ODESEONKUDIORNK.NUMBER NUMBER NUMBER 016-103.22 2241-2245 S. Kilson Drive, Santa Ana, CA 92707 DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Veronique Pham, A single Woman ("Grantor") Does 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") for public roadway purposes, Allthatreal property In the City of Santa Ana, OrangeCounty, State of California, located at 2241-2245 S. Kilson Drive, Santa Ana, CA 92707: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Grantor: Veronique Pha'rh�"— Dated: z - c .� By, Veronique Pham Signed in Counterpart Dated: Grantee: City of Santa Ana Kristine a e Its: City Manager When recorded, please mall this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER OOVERNNIMgT CODE SECTION.CIM 1113 5,3 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL TAXES X APMO,V DAS TO FORMBY ATM APPROV BY DMeTat DESCRIPTION WRI]TENHY DES I=ON CHECXEo-C.K. A. P.N BR 016-103-22 RIw MM NUMBnx PROIEC'P NWBM 2141-1245 S. 10sm DA., Sa Wma CA 92M7 DBBDNDMBB2 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Veronique Pham, a single woman ("Grantor") Does 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, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 2241-2245 S. Kilson Drive, Santa Ana, CA 92707, described as follows: SEE EXHIBIT "A" & "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; By: wi=�`� Date: OM1 1,90 4 Veronique Pham by Sandrine Pham as her Attorney In Fact Recording Requested By: Commonwealth Land Title Company When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 PO Box 1988 Santa Ana, California 92701 THE CITY OF SANTA ANA PER Space above this line for Recorder's Use GOVERNMENT CODE SECTION 69fl3 n0 CANCEL TAXES APPROVER AS TO FORM BY ATTY. APPROVED BY DIRECTOR DESCRIPTION WRITTEN BY DESCRIPTION CHECI(EOA.K Ap• U78103-22 PAN MAP NUMBER PROJECT NUMBER 2241-2245 S. Kilson Drive, Santa Ana, CA 92707 7 aCCi GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Veronique Pham, A single Woman ("Grantor") DEED NUMBER 9/ Does 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"), for public roadway purposes, Allthatreal property in the City of Santa Ana, OrangeCounty, State of California, located at 2241-2245 S. Kilson Drive, Santa Ana, CA 92707: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;PFffl AA Grantor: Veronique Pha Dated: f By. — Veronique Pham Dated: *Signed in Counterpart Grantee: City of Santa Ana By: Kristine Kidge Its: City Manager CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Grant Deed dated December 16, 2020 from Veronique Pham, a single woman to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California is hereby accepted 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, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: z/ -=s Date City .age, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On February 10, 2021 before me Yesenia Cruz, Notary Public (insert name and title of the officer) personally appeared Kristine Ridge, who proved to me on the basis of satisfactory evidence to be the perso5Kwhose names /subscribed to the within instrument and acknowledged to me that Wshettf)ery executed the same in VdherttF elrauthorized capacity(ip<and that by lWhedtt G r signature on the instrument the person�or the entity upon behalf of which the persopsj acted, xecuted he einstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YESENIACRUZ Notary Public - California *my Orange County Commission M 2141142N Comm. Expires May 21, 2022 Signature ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Q*R.i+H C a On 11 02.4 before me, �ALt I Qt' i person Ily appeared `^Q Vi d M fC K) of of satisfactory evidence to be the person(s) whose name(s)i i acknowledged to me that *e/&they executed the same in he his their signature(s) on the instrument the person(s), or the executed the instrument. . Notary Public, who proved to me on the basis subscribed to the within instrument and heir authorized capacity(ies), and that by upon behalf of which the person(s-}acted, I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DANtEIA County a ORBE Notary Public — California � 3 Orange County 5: Signature �� Cor lsalon02227659 (Seal) My Comm. EnpiresJan 31 22@2 Exhibit A (Legal Description) THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 21 IN BLOCK "N" OF TRACT NO, 668, MCFADDEN TRACT NO, 5, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 20, PAGE 5, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, WHERE THEY HAVE BEEN PREVIOUSLY SHOWN IN VARIOUS INSTRUMENTS OF RECORD, Assessor's Parcel Number: 016-103-22 Exhibit B(Plat Map) _I L I— _J--- ti 30E-502-A(P1) REV, 14 (05-18) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a 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. NAME AND MAILING ADDRESS OF BUYERfrRANSFEREE (ock, necessary c,nealana to Be printed name and mailing address) City of Santa Ana, a charter city and municipal Corporation duly ASSESSOR'S PARCEL NUMBER organized under the Constitution and laws of the State of California 016-103-22 20 Civic Center Plaza, M-3.6 SELLERITRANSFEROR Santa Ana, CA 92701 VeroniquG Pham BUYER'S DAYTIME TELEPHONE NUMBER BUYER'S EMAIL ADDRF_SS Jgabriel@serifs-a na,Drq STREET AODRE55 OR PHYSICAL LOCATION OP REAL PROPERTY 2241-2245 S. Kilson Drive, Santa Ana, CA 92707 ❑ YES 0 NO This property is Intended as my principal residence. If YES, please indicate the dale of occupancy MO DAY YEAR or intended occupancy. ❑ YES ONO Are you a disabled veteran or an unmarried surviving spouse of a disabled veteran who was compensated at 100% by the Department of Veterans Affairs? MAIL PROPER 'I'Y'FAX INFORMATION TO (NAME) INFORMATION TO (ADDRESS) ZIP PART I: TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES NO ❑ ❑ A. This transfer Is solely between spouses (addition orremoval ofa spouse, death ofa spouse, d umme settlement, etc.). ❑ ld S. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of partner, death of partner, termination settlement, etc.). ❑ 0- C. This is a transfer: ❑ between parent(s) and ehlltl(ren) Lf from grandparent(s) to grandchild(ren). ❑ 0- D. This transfer is the result of a cotenant's death. Date of death ❑ ® " E. This transaction is to replace a principal residence by a person 65 years of age or older. Within the same county? ❑ YES ❑ NO ❑ O`F. ❑ IZ O ■ L This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 60.6. Within the same county? O YES ❑ NO This transaction is only a correction of the names) of the persons) holding title to the property (e.g., a name changeuporr marriage). If YES, please explain: The recorded document creates, terminates, or reconveys a lender's interest in the property. This transaction Is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: The recorded document substitutes a trustee of a trust, mortgage, or other similar document This is a transfer of property: 1, to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑ the hansferoi. and/or ❑ the transferor's spouse ❑ registered domestic partner. 2. to/from an Irrevocable trust for the benefit of the ❑ creator/grantor/truster and/or ❑ grantor's/trustor's spouse ❑ grantor's/trustor's registered domestic partner. ❑ I., This property is subject to a lease with a remaining lease term of 36 years or more including written options, ❑ Iv-i M. This Is a transfer between parties in which proportional interests of the transferors) and transferoe(s) in each and every parcel being transferred remain exactly the same after the transfer. ❑ Ed N This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions Imposed by specified nonprofit corporations. ❑ ®' O, This transfer Is to the first purchaser of a new building containing an active solar energy system. ❑ ❑ P. Other. This transfer Is to Please refer to the instructions for Part t. Please provide any other information that will help the Assessor understand the nature of the transfer. THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION SFRM0017 (DSI Rev. 08131/20) 90E-e02-A (P2) REV. 14 (05-18) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: B. Type of Transfer 6(Purchase ❑ Foreclosure ❑ Gift ❑ Trade or exchange ❑ Merger, stock, or partnership acquisition (Form BOE-100-B) ❑ Contract of sale. Date of contract: ❑ Inheritance, Date of death: ❑ Sale/leaseback ❑ Creation of a lease ❑ Assignment of a lease ❑ "ferminallon of a lease, Date lease began Original term In years (including written optlona); Remaining term in years (Including written options): _ ❑ Other. Please explain C. Only a partial interest in the property was transferred. ❑ YES ONO If YES, Indicate the percentage transferred: PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price. $ 690,000.00 B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C, First deed of trust Q ^%interest for years. Monthly payment $ Amount $ ❑ FHA ( olswunl Pdx,p ❑ Cal -Vet ❑ VA( Discount Polak) ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date: D. Second deed of trust Q _%interest for years. Monthly payment $ Amount $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding Balance $ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased: ❑ Through real estate broker. Broker name; Phone number ( ) PI'Directfrom seller ❑ Frorn a family member -Relationship ❑ Other: Please explain: H. Please explain any special terms, seller concessions, brokedagent fees waived, financing, and any other Information (e.g., buyer assumed the existing loan balance) that would assist the Assessor In thevaluation of your property. PART 4, PROPERTY INFORMATION Check and complete as applicable. A. Type of pmperty transferred ❑ Single-family residence ❑ Co-op/Own-your-own ❑ Manufactured home ty Multiple -family residence. Number of units: 2 ❑ Condominium ❑ Unimproved lot ❑ Other. Description: (W., timber, mineral, water rights, etc.) ❑ Timeshare ❑ Commerciai/lndustrial B. C. D. E. ❑ YES ®'NO Personallbusiness property, Or incentives, provided by seller to buyer are included in the purchase price, Examples of personal property are furniture, farm equipment, machinery, etc. Examples of Incentives are club memberships, etc. Attach list It available. It YES, enter the value of the personalibuslness property: $ , Incentives $ ❑ YES @(NO A manufactured home is Included in the purchase price. If YES, enter the value attributed to the manufactured home: $ ❑ YES )�NO 1"he manufactured home is subject to local property tax. If NO, enter decal number _ YES ❑ NO The property produces rental or other income. If YES, the income is from: VI-easalrent ❑ Contract ❑ Mineral rights ❑ Other: The condition of the property at the time of sale was: ❑ Good UlAverage ❑ Fair ❑ Poor Please describe: CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief 2/1712021 Jason Gabricf I Principal Civil Gngineer The Assessor's office may contact you for additional information regarding this transaction. SFRM0017 (DSI Rev. 08131120)