HomeMy WebLinkAboutTAING, KENG TON AND SIGN LOR (TAING FAMILY TRUST)r. t
u; ,V r ' N- 2009 -049
NAY 2 2aa9 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
(Commercial)
THIS AGREEMENT (hereinafter "PSA "), entered into this day of 5-
2009, 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 Keng Ton Taing and Sign Lor
Taing, Trustee of the Taing Family Trust, dated May 21, 2001 (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, all 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" and "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1019 South Bristol Street and a portion of
1237 W. McFadden Avenue, Santa Ana, CA)
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 First American Title Company, 2 First
American Way, Santa Ana, within thirty (30) days from and after the date on which
the City has approved this Agreement.
2. Title to be Conveyed. (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 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
Page 1 of 13
Seller's Initials �� S�
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 FIFTEEN THOUSAND AND
NO /100 Dollars ($15,000) 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 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 First
American Title Company, (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 60 days after
Owner's execution of this PSA, but in any event, not later than June 30,
2009.
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 "C" 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, 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.
Page 2 of 13
Seller's Initials Vti71 '� J
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 "C" of the General Provisions of this PSA.
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 sis 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, fixtures & equipment (improvements pertaining to the realty),
severance damages, and bonus value (if applicable), the total cash sum of
FIFTEEN THOUSAND AND NO /100 Dollars ($15,000). 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 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.
7. Possession. Seller agrees to deliver to City, on or before June 30,
2009, quiet and peaceful possession of Said Real Property.
Page 3 of 13
Seller's Initials V, k :ST
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 Buyer and deliver same to Buyer 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 /360 -day
year consistent with that statement, subject to approval of Buyer. Seller
hereby agrees not to rent any units on the premises which are now vacant, or
which may be vacated by present occupants prior to 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 Buyer 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 Buyer 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 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, 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.
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. Permission to Enter on Premises. Seller hereby grants City, and its
authorized agents, permission to enter upon Said Real Property at all
reasonable times prior to close of escrow for the purpose of making necessary
inspections.
13. Just Compensation. Seller 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 the realty),
Bonus Value, if any, and severance damages. ".
Page 4 of 13
Seller's Initials V-7
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 92702, County of
Orange, State of California. The mailing address of the Seller is:
Kent Tong Taing
1019 S. Bristol
Santa Ana, California 92703
15. Exceptions. City agrees to accept title to Said Real Property subject to the
following: NONE
16. Agreement. Performance of this Agreement by City shall lay at rest, each,
every and all issue(s) that were raised or could have been raised in
connection with the acquisition of Said Real Property by City.
17. 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
Page 5 of 13
Seller's Initials V-T ` S "T
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 seq. (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. Contingences 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.
Page 6 of 13
Seller's InitialsV --C ��(
21. Modification and Amendment. This Agreement may not be
modified or amended except in writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this Agreement that is
unenforceable or invalid or the conclusion of which would adversely affect the
validity, legality, or enforcement of this Agreement shall have no effect, but all
the remaining provisions of this Agreement shall remain in full force.
23. 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.
24. Governing Law. This Agreement 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 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.
26. 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.
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 Agreement, without cost.
28. Applicability of Agreement To Assignees. This Agreement shall be
binding upon and shall inure to the benefit of the successors and assigns of the
parties to this Agreement.
Page 7 of 13
Seller's InitialsV "K SJ
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 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.
TENANT:
By: Date , 2009
Its:
OWNER: Taing Family Trust dated May 21, 2001
By: �' Date , 2009
Keng Tong Taing, Co rustee
By: Date �2009
Sing Lor Tang, d Trustee
APPROVED AS TO FORM:
Joseph W. Fletcher
City At* y
�23
By. Sandoz Date 2009
r%
S6nioSandoval
r Assistant City Attorney
CITY 1 BUYER:
CITY OF SANTA ANA
B ate ?,t► 2009
David N. Ream
City Manager
ATTEST:
B - _Da ;; 2009
Patricia E. Healy
Clerk of the Council
Page 8 of 13 _
Seller's Initials` L ���
EXHIBIT "A"
LEGAL DESCRIPTION
(APN 010- 272 -22)
THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT I 1 OF THE
NININGER TRACT, AS RECORDED IN BOOK 8, PAGE 33, OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11;
THENCE ALONG THE WESTERLY LINE OF SAID LOT, NORTH 00 038'26" EAST
8.00 FEET TO A POINT ON A LINE 38.00 FEET NORTH OF THE CENTERLINE OF
McFADDEN AVENUE, FORMERLY FAIRVIEW AVENUE, AS SAID AVENUE IS
SHOWN ON SAID TRACT;
THENCE SOUTH 890 17'54" EAST 15.11 FEET ALONG LAST SAID LINE,
PARALLEL WITH SAID CENTERLINE, TO THE BEGINNING OF TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 40.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 25 °50'31 ", AN ARC LENGTH OF 18.04 FEET TO THE
BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 40.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE THROUGH A
CENTRAL ANGLE OF 25 °50'31 ", AN ARC LENGTH OF 18.04 FEET TO A POINT
OF CUSP ON THE SOUTHERLY LINE OF SAID LOT 11;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 °17'54" WEST 49.97 FEET
TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 260 SQUARE FEET,
MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND MADE A PART
HEREOF.
PREPARED UNDER THE SUPERVISION OF:
N4. 5683
(� Z' Q k Exp.9 /30/09
LE A ATE
L.S. 5683 sT9le OF CA
9 0 -R 1.3
EXHIBIT "A"
LEGAL DESCRIPTION
(APN 010 - 272 -26)
THAT PORTION OF THE SOUTH HALF 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, AS SAID SOUTH HALF IS
DESCRIBED IN A GRANT DEED RECORDED ON NOVEMBER 13, 2002 AS
INSTRUMENT NO. 2002001009572, OFFICIAL RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE 40.00 FEET NORTHERLY OF THE
CENTERLINE OF McFADDEN AVENUE, FORMERLY FAIRVIEW AVENUE, WITH A
LINE 80.00 FEET EASTERLY OF THE CENTERLINE OF BRISTOL STREET, AS SAID
STREETS ARE SHOWN ON SAID NININGER TRACT;
THENCE NORTH 00 038'26" EAST 12.00 FEET ALONG SAID EASTERLY LINE TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 44 019'44" EAST 16.98 FEET TO A POINT ON SAID NORTHERLY
LINE DISTANT SOUTH 89 017'54" EAST 12.00 FEET ALONG SAID LINE FROM THE
POINT OF BEGINNING;
THENCE NORTH 89 017'54" WEST 10.30 FEET ALONG SAID NORHERLY LINE TO
THE MOST SOUTHERLY POINT ON THE EASTERLY LINE OF THAT LAND
DESCRIBED IN A GRANT DEED RECORDED APRIL 30, 2008 AS INSTRUMENT NO.
2008000201931, OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 44 019'44" WEST 2.41 FEET ALONG LAST SAID EASTERLY LINE
TO SAID LINE 80.00 FEET EASTERLY OF THE CENTERLINE OF SAID BRISTOL
STREET;
THENCE NORTH 00 038'26" EAST 10.30 FEET ALONG SAID EASTERLY LINE TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 71 SQUARE FEET, MORE
OR LESS.
ALL AS SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND MADE A PART
HEREOF.
PREPARED UNDER THE SUPERVISION OF: LAND SGT
1�
LE J. M IN DATE N4. 5683
L.S. 568
�,. Exp.9 /30/09
ST�Tf aF CA0F���\P
/ Hof /3
EXHIBIT C
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be
deposited in one or more of Escrow Agent's general escrow accounts with any bank doing
business in the State of California and may be transferred to any other general escrow account or
accounts. The expression "close of escrow" means the date on which the transferring
instrument(s) referred to herein are filed for recordation with the Office of the Orange County
Recorder. All prorations shall be made on the basis of a 30 -day month / 360 -day year.
Recordation of any instruments delivered through this escrow, if necessary or proper in the
issuance of a policy of title insurance, is hereby authorized by the Parties to this transaction.
There shall be no prorations of any existing insurance policies in this escrow.
Escrow Agent is to furnish a copy of these instructions, including any 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 to the rights of any of the parties
hereto; or about any money or property deposited herein, then 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 right to commence or defend any action or proceeding for the
resolution of such conflict. The Parties to this escrow 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 initiated by Escrow Agent. In the event
Escrow Agent should file a suit in interpleader, Escrow Agent shall be fully released and
discharged from all obligations imposed upon it by this escrow.
If for any reason funds are retained or remain in escrow, Escrow Agent shall be entitled to deduct
therefrom a reasonable monthly charge of not less than $10.00 per month as an administrative
fee.
Time is of the essence with regard to the execution of these general escrow instructions. If
Escrow Agent is unable to comply with these instructions within the time specified herein, and if
additional time as is required to make an examination of the official records, Escrow Agent shall
return all documents, money, or property to the party entitled thereto upon satisfactory written
demand and authorization. Any amendment or supplement to these instructions must be in
writing, signed by all Parties to this transaction.
These escrow instructions, and any amendments thereto, 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, 13 k1 ?
RECORDING REQUESTED BY:
LandAmerica Commercial Services
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M -xz(,o
Santa Ana, CA 92701
This Document was electronically recorded by
LandAmerica Commercial Services
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
Illllllllllllllll111111111 Jill Jill Jill 111111111111 Jill 11 NO FEE
2008000201931 08:00am 04/30/08
113 159 G02 8
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Free recording requested by
The City of Santa Ana per
use
government code section 6103. THIS SPACE FOR RECORDER'S USE ONLY:
Title Order No.: 07570067 Escrow No.: 09700890 -KH7
GP.ANT DEED 17 �Z5
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $ DOCUMENTARY TRANSFER TAX is $0.00
[X] Exempt per Revenue & Taxation Code Section 11922
(acquired by exempt agency)
[ ] Unincorporated area [X] City of Santa Ana AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Keng Tong Taing and Sing Lor Taing, Trustees of the Taing Family Trust dated May 21, 2001
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: 1019 South Bristol Street, Santa Ana, CA
A.P. # 010 - 272 -26
DATED: March 31, 2008
Keng Tong Taing, Trustee SinA1,Trustee
STATE OF CALIFORNIA }Ss:
COUNTY OF ORANGE
On 60/t /L_ 0, 70Oq before me, (� / a Notary Public, personally
appeared Ken Ton a who proved to a on the basis of satisfactory evid( ice to be the
persons -whose name I subscribed to the within instrument a}�', acknowledged to me that IQ 464
executed the same in &A%f 4heir authorized capacity(W,, and that by Qi JeM -si natur
the person(,�or the entity upon behalf of which the personf*acted, executed the instrment.e on the instrument
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.
Signature
This area for notary stamp)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Commercial Services
Commonwealth, Lawyers Title, Transnation
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: Gregory V. Veix
Date Commission expires: 11 -24-2009
County Where Bond is Filed: Orange
Commission No.: 1624166 ManufacturerNendor No.: BCT9
Place of Execution: Irvine, Ca. Date: April 29, 2008
Signature:
MMERCIAL 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: April 29, 2008
Signature:
LANDAMERICA COMMERCIAL SERVICES
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County` of
On /% �'fV`)6 before me, �Insert Date Title of the officet '
personally appeared
Name(s) of Signer(s)
s '
who proved to me on the basis of satisfactory evidence to
be the person(s) -whose name(s} Owe- subscribed to the
within instrument and acknowledgeld, to me that
-hefi�y executed the same in hWkerltei authorized
capacity, and that by hisf�a?eJtirteir signatur*s lon the
instrument the person(B); or the entity upon behalf of
which the person(sj' 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.
WITNESS my 3ha d and official seal.
Place Notary Seal Above Signature �'
re of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: / /C� Number of Pages:
Signer(s) Other Than Named Above: 6e oy
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact • ❑Attorney in Fact
❑ Trustee Top of thumb here
11 Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Tol ee 1-800-876-6827
LLandAmerica"'
Commercial Services
Commonwealth, Lawyers Title, Transnation
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: Gregory V. Veix
Date Commission expires: 11 -24 -2009
County Where Bond is Filed: Orange
Commission No.: 1624166 Manufacturer /Vendor No.: BCT9
Place of Execution: Irvine, Ca. Date: April 29, 2008
Signature:
CA 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: April 29, 2008
Signature:
LANDAMERICA COMMERCIAL SERVICES
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by deed
dated Ma✓t4 $1,?,t1'D$ from I4WCA Tom TA ��1G,TR�SrEE Si�tG l0[-TA� y Ti2dSTl�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
authorized officer.
-3 -2A - ob
David N. Ream
NKUUF OF EXECUTION BY A SUBSCRIBING WITNESS
STATE OF ��` %+2n 3
COUNTY OF _Q(2
On (� 3 2 O before me(_J� 1 C S( (�( j I ersonally
(Date) //////���� (Na of the officer)
Appeared ��'IG• dYl p.Z who proved to me on the basis of satisfactory
(Name of person signing)
evidence to be the person whose name( is /a,,,� subscribedt the wit in instrument and
acknowledged to me that V /she /tVy executed the same in h� /her /t it authorized
capacity(i), and that by h' /her /thir signature(�a� on the instrument the person or the
entity upon behalf of whic the persono acted, executed the instrument.
�l
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
AM" "WIMO
oworNe3 . „may ��
(Seal)
Commonwealth, Lawyers Title, Transnation
Li ,,, .a r' , � m e r ,,,.a 1920 Main Street, Suite 1200
Commercial Services 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.: NNA1
Place of Execution: Irvine, Ca. Date: April 29, 2008
Signature:
LAND
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: April 29, 2008
Signature:
LANDAMERICA COMMERCIAL SERVICES
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A
THAT PORTION OF THE SOUTH HALF 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, AS SAID SOUTH
HALF IS DESCRIBED IN A GRANT DEED RECORDED ON NOVEMBER 13, 2002
AS INSTRUMENT NO. 2002001009572, 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 95.00 FEET EASTERLY OF THE CENTERLINE OF BRISTOL STREET,
WITH A LINE PARALLEL WITH AND 55.00 NORTHERLY OF THE CENTERLINE
OF MCFADDEN AVENUE (FORMERLY FAIRVIEW AVENUE), AS SAID
STREETS ARE SHOWN ON SAID NININGER TRACT;
THENCE, SOUTHWESTERLY ALONG THE BISECTOR OF SAID CENTERLINES,
S45 °40'16 "W, 20.00 FEET;
THENCE, SOUTHEASTERLY AND PERPENDICULAR TO SAID BISECTOR,
S44 °19'44 "E, 1.20 FEET TO THE POINT OF INTERSECTION WITH A LINE
PARALLEL WITH AND 40.00 FEET NORTHERLY OF SAID CENTERLINE OF
MCFADDEN AVENUE, SAID POINT OF INTERSECTION BEING THE
TRUE POINT OF BEGINNING;
THENCE, NORTHWESTERLY ALONG SAID PERPENDICULAR LINE,
N44 019'44 "W, 2.41 FEET TO THE POINT OF INTERSECTION WITH A LINE
PARALLEL WITH AND 80.00 FEET EASTERLY OF SAID CENTERLINE OF
BRISTOL STREET;
THENCE, NORTHERLY ALONG SAID PARALLEL LINE N00 038'26 "E,
135.60 FEET TO THE NORTHERLY LINE OF SAID SOUTHERLY HALF OF
LOT 12, INSTRUMENT NO. 2002001009572, O.R.
CONTAINING 3,988 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 %n
RAYMOND J. RIVERA, PLS 8324
EXPIRES 12/31/07
Page 8 of 10
Sellers's Initials � ��
CUB_BON-ST
NW'LY CORNER _
LOT 12, M.M. 8/33
\ NE'LY CORNER
1 T C) N l-
1 LOT 12,
' O �- M.M. 8/33
1 o
— I
— — --1-- — - _j (N . T. S. )
I v
�- 30 `v
CD i
�
°
I �, rr^<
Z 10' N V
i
N89 °04' 19 "W o I
I 30.00' — O
20'
(-- 80'
} `— Z N44'19'44 "W
O 1 ~o A 2.41'
A= 89'56'20" I J 6C P O B SE'LY CORNER
R = 25.00' 169 °17' 54 "W — LOT 12, M.M. 8/33
L = 39.24' 1 — 6.73' + O /
T = 24.97' —
o PARCEL
M CEADDEN
"' A VE • 3, 988 SQ
N89017'54 "W _ �_
(FORMERLY FAIRVIEW AVENUE)
EXHIBIT B
SANTA ANA
Pf' A A. P. NO. 010- 272 -26
P=VM AM=
„A„
FT
DETAIL —NTS
F--i
95.00'
P.O.C.
m
�
L45
I r —Tcc,)Ill,
L1=
*40'16 "E
,cw
PARCEL ° °2° °�p� N
o�,I'
C% \\
o
fl O N
20.00'
O
O z
Lt1 'O
�
H
m
I
l P.O.B
2=
� � --{
20'
N ° I
m
.
�_ _
N44'1 9'44 "W
z
r I
2.41'
I
o
o
MCFADDEN AVE.
} `— Z N44'19'44 "W
O 1 ~o A 2.41'
A= 89'56'20" I J 6C P O B SE'LY CORNER
R = 25.00' 169 °17' 54 "W — LOT 12, M.M. 8/33
L = 39.24' 1 — 6.73' + O /
T = 24.97' —
o PARCEL
M CEADDEN
"' A VE • 3, 988 SQ
N89017'54 "W _ �_
(FORMERLY FAIRVIEW AVENUE)
EXHIBIT B
SANTA ANA
Pf' A A. P. NO. 010- 272 -26
P=VM AM=
„A„
FT
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 of Ownership Report must be filed with each conveyance in the
County Recorder's office for the county where the property is located; this particular form may be used in all 58
counties of California.
THIS REPORT IS NOT A PUBLIC DOCUMENT
SELLER/TRANSFEROR: Keng Tong Taing, Trustee, Sing Lor Taing, Trustee
BUYER/TRANSFEREE: City of Santa Ana, Public Works Agency,
ASSESSOR'S PARCEL NUMBER(S): 010 - 272 -26
PROPERTY ADDRESS OR LOCATION: 1019 South Bristol St., Santa Ana, CA RECORDING DATE
MAIL TAX INFORMATION TO: Name City of Santa Ana, Public Works Agency
Address
Phone Number 8 a.m. — 5 .m.
NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the
following fiscal year, July 1 through June 30. One -half of these taxes is due November 1, and one -half is due February
1. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April
10. One tax bill is mailed before November 1 to the owner of record. If this transfer occurs after January 1 and on
or before December 31, you may be responsible for 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 supplemental roll obligation, please call the Orange County Assessor.
PART I: TRANSFER INFORMATION (please answer all questions)
YES NQ
❑ V A. Is this transfer solely between husband and wife (addition of a spouse, death of a spouse, divorce settlement, etc.)?
❑ IZ 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
❑ CJ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property?
❑ to 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
❑ 111 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?
❑ 6e( 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 O transferor ❑ 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 ❑ Creator /Grantor and /or ❑ Grantor's spouse?
❑ ❑ 4. to an irrevocable trust from which the property reverts to the Creator /Grantor within 12 years?
❑ I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options?
❑ *J. Is this a transfer between ❑ parent(s) to child(ren)? ❑ or from grandparent(s) to grandchild(ren)?
❑ *K. Is this transaction to replace a principal residence by a person 55 years of age or older?
Within the same county? ❑ Yes ❑ No
❑ 12� *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code
Section 69.5? Within the same county? ❑ Yes ❑ No
❑ 4 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 as defined in section 62 of the Revenue and Taxation Code for any
reason other than those listed above, set forth the specific exclusions claimed:
Please answer all questions in each section. If a question does not apply, indicate with "NIA ". Sign and date at bottom of second page.
PART II: OTHER TRANSFER INFORMATION
A. Uate of transter it other than recording date
B. Type of transfer (Please check appropriate box.)
Mr Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange ❑ Merger, Stock, or Partnership Acquisition
C.
❑ Contract of Sale - Date of Contract
❑ Inheritance - Date of Death Other: Please explain:RO4'D
❑ Creation of Lease ❑ Assignment of a Lease ❑ Termination of a Lease
❑ Date lease began
❑ Original term in years (including written options)
❑ Remaining term in years (including written options)
Monthly Payment Remaining Term
Was only a partial interest in the property transferred? es
If yes, indicate the percentage transferred %
BOE -502 -A (BACK) REV. 8(10 -05) ASSR -70 (Rev. 05106)
v� %DeN Pe6iez
❑ Sale /Leaseback
Page 1 of 2
AV,1 Ta U ST
/✓� ol�inQ��� /� �a� 6,y P`a.o� d r LdO
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 with 'N /A. "
PART Ili: PURCHASE PRICE AND TERMS OF SALE
A. CASH DOWN PAYMENT OR value of trade or exchange (excluding closing costs)
Amount $ §�Z' /G
B. FIRST DEED OF TRUST @ % interest for years. Pymts /Mo. =$
(Prin. & Int. only) Amount $ [CGS`
• FHA ( Discount Points) ❑ Fixed rate
❑ New loan
• Conventional ❑ Variable rate
❑ Assumed existing loan balance
• VA( Discount Points) ❑ All inclusive D.T. ($ Wrapped)
❑ Bank or savings & loan
❑ Cal -Vet ❑ Loan carried by seller
❑ Finance company
Balloon payment ❑ Yes ❑ No Due Date
Amount $ � /
C. SECOND DEED OF TRUST @ % interest for years. Pymts /Mo. =$
(Prin. & Int. only) Amount $ N/
❑ Bank or savings & loan ❑ Fixed rate
❑ New loan
❑ Loan carried by seller ❑ Variable rate
❑ Assumed existing loan balance
Balloon payment ❑ Yes ❑ No Due Date
Amount $
D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? ❑ Yes
❑ No Amount $
Type: @ % interest for years. Pymts./Mo ._ $
(Prin. & Int. only)
• Bank or savings & loan ❑ Fixed rate
❑ New loan
• Loan carried by seller ❑ Variable rate
❑ Assumed existing loan balance
Balloon payment ❑ Yes ❑ No Due Date
Amount $
E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes ❑ No
Outstanding Balance: Amount $
F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.)
TOTAL ITEMS A THROUGH E $ 6—l5 W Col
G. PROPERTY PURCHASED ❑ Through a broker ❑ Direct from seller ❑ From a family member ❑ Other (please explain):
If purchased through a broker, provide broker's name and phone number:
Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the purchase price
and terms of sale.
PART IV: PROPERTY INFORMATION
A. TYPE OF PROPERTY TRANSFERRED:
❑ Single- family residence ❑ Agricultural ❑ Timeshare
❑ Multiple - family residence (no. of units: ) ❑ Co -op /Own- your -own ❑ Manufactured home
VCommercial /Industrial ❑ Condominium ❑ Unimproved lot
❑ Other (Description: i.e., timber, mineral, water rights, etc. )
B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes VNo
If yes, enter date of occupancy / 20 or intended occupancy / 20
(month) (day) (year) (month) (day) (year)
C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE? (i. e. furnit re, farm equipment, machinery, etc.)
(other than a manufactured home subject to local property tax)? ❑ Yes lNo
If 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? ❑ Yes No
If yes, how much of the purchase price is allocated to the manufactured home? $
Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the decal number?
E. DOES THE PROPERTY PRODUCE INCOME? ❑ yes E?'*no If yes, is the income from:
❑ Lease /Rent ❑ Contract ❑ Mineral rights ❑ Other (please explain):
F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE?
B(Good ❑ Average ❑ Fair ❑ Poor
Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in
determining the value of the property:
CERTIFICATION
OWNERSHIP TYPE (✓)
Proprietorship ❑ I certify that the foregoing is true, correct and complete to the best of my knowledge and belief.
Partnership ❑ This declaration is binding n each and eve co -owner and /or partner.
Corporation ❑ g �' p
Other (yl0 k1 I QIRkLI-rf 1V
NAME OF NEW OWNER/CORPQEZATE O`F_F,ICEt2^ TITLE
��Cc...J'lvi 1J1 tilT-�1 v
IG AT RE OF NEW 04 ORPORATE OFFICER DATE
,,ln(� —Z
NAME OF ENTITY (typed or on le _J U FEDERAL EMPLOYER ID NUMBER
ADDRESS (t ed or printed) �<3-41 P.�'C1`!� A'1 ,Vt IE -MAIL ADDRESS (optional) DATE
Z�Icrk- 11TERn -W"' kp -3 - -o6
(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. 05/06) Page 2 of 2
5,6C)