HomeMy WebLinkAboutNEAL FAMILY REVOCABLE TRUST AND THE BEVINGTON FAMILY TRUST 1 - 2012w L? A-2012-109
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY.
O?yI? ?O AND BILATERAL ESCROW INSTRUCTIONS
( ") entered into on
THIS AGREEMENT hereinafter PSA __ _ y
2 01 2 , between the CITY OF SANTA ANA, a charter city and municipal corpora n duly organized under
the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Mary Grace Neal, Trustee
of the Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest and Martha N.
Bevington, Trustee of the Bevington Marital Trust created under the Bevington Family Trust dated July 9, 1997
as to an undivided one half interest (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 (hereinafter "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 1221 East 1St Street, Santa Ana, CA)
(APN: 398-454-12 & 13)
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 Insurance Company, 2 First American Way, Santa Ana, California, within thirty
(30) 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 Three Million One Hundred Seventy Four Thousand Dollars
($3,174,000.00) insuring the title of the City 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
Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2
First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on
which 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 90 days of the City's execution of this Agreement.
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, 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 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 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), goodwill (if any), and severance damages, the total sum of Three Million One Hundred Seventy Four
Thousand Dollars ($3,174,000.00). City agrees to deposit said purchase price in escrow with the Escrow
Agent within THIRTY (30) 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 real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying 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.
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 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 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 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, Assigns, 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 the realty), goodwill (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 92701, County of Orange, State of California. The mailing address of the
Seller is:
Mr. Jasper Neal
Y 0,,n?Cr; n 6%+-
14. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
15. 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.
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 seg. (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 seg. (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 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. 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 constitutes said
acceptance and approval.
20. Modification and Amendment. This PSA may not be modified or amended except in writing signed
by the Seller and City.
21. 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.
22. 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.
23. Governing Law. This PSA 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 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.
25. 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.
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 PSA, without cost.
27. 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.
28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature
hereinbelow 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.
29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written
above.
SELLER:
The Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest
Date: 2 , 2012
Maryr Gr a Neal, Trustee
The Bevington Marital Trust created under the Bevington Family Trust dated July 9, 1997
as to an undivided one half interest
Martha N. Bevington, Trustee
Date: ?' a c 2012
City/Buyer
City of Santa Ana
Date: 2012
Paul M. Walters
City Manager
Attest:
Maria D. Huizar
City Clerk
Date: , 2012
Approved as to Form:
1
JeKSando-val
C ie Assistant City At ney
Date: It t -c / oZ , 2012
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
PARCEL A:
LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO.
1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF
SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED
RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY
BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12,
BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS
GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990,
PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS.
PARCEL B:
LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S
ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
APN:398-454-12 and 398-454-13
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 date on which instruments referred to herein are filed for record. All adjustments are to be made
on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary
or proper in the issuance of a policy of title insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the
attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims
with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited
herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such
conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any
action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to
pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred
by you in connection with, or arising out of this escrow, including, but without limiting the generality of the
foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso
facto be fully released and discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly
charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time
specified herein and such additional time as is required to make an examination of the official records, you
will return all documents, money or property to the party entitled thereto upon satisfactory written demand
and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller
agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of
which independently shall have the same effect as if it were the original, and all of which taken together shall
constitute one and the same instruction.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the deed dated
May 3, 2012, from Mary Grace Neal, Trustee of the Neal Family Revocable Trust
date April 24, 1998 as to an undivided one half interest and Martha N. Bevington,
Trustee of the Bevington Marital Trust created under the Bevington Family Trust
dated July 9, 1997 as to an undivided one half interest, to the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution
and laws of 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, 1998, in 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:
Dated
i
City Manager
ATTEST:
WMID, HLNM
00M OF THE WUNCtt.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange SS
City of Santa Ana
On this 20th day of June, 2012, before me, Maria D. Huizar , Notary Public,
personally appeared Paul M. Walters who proved to me on the basis of satisfactory
evidence to be the erWn/pefsons whose ampJxiamek_?s/arc-sttbscribed to the within
sklehey executed the same ir?fiisyher/their
instrument and acknowledged to me that66
authorized apgcity/capacities and that by Pistherltheir nat&4/sigeatums on the
instrument the Per9aA/persons, or the entity upon behalf of which the pq sWpersen-s
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
MARIA 0. HUIZAR
Commission # 1974202
Notary Public - California
Orange County ..
LlAV Comm. Ere: r 5.2016
- P411110144
CAPACITY CLAIMED BY SIGNER:
Witness my hand and official seal.
Signature of Notary
? Individual(s)
? Corporate _
? Officers _
Title(s)
? Partner(s)
? General Partner of a Limited
? Partnership
? Attorney-in-Fact
? Trustee (s)
? Subscribing Witness
? Guardian/Conservator
? Other:
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
1221 E. 1ST STREET MARY GRACE NEAL TRUSTEES OF THE NEAL FAMILY REVOCABLE TRUST
TITLE OR TYPE OF DOCUMENT: PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF
REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER (S) OTHER THAN NAMED ABOVE:
When recorded, please mail 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
GOVERNMENT CODE SECTION 67103.
cop,
eycd-? 'eQL ?e
Qkeee P ?Q Aj 12-Q_
C
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
TAXES
X APPROVED AS TO
FORM BY ATTY. APPROVED BY
DIRECTOR DESCRIPTION
WRITTEN BY DESCRIPTION
CHECKED-O.K. A. P. -
NUMBER 398-454-12 & 13 R!W MAP
NUMBER PROJECT
NUMBER
1221 East I" Street, Santa Ana, CA DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
A- 2012-Iota
Mary Grace Neal, Trustee of the Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest
and Martha N. Bevington, Trustee of the Bevington Marital Trust created under the Bevington Family Trust dated July 9,
1997 as to an undivided one half interest
Do 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, County of Orange, State of California, located at 1221 East 15t Street, described as follows:
SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
The Neal Family Revocable Trust dated April 24, 1998
as to un undivided one half interest
Dated CJ Z
By: M ry Cace eal, Trustee
The Bevington Marital Trust created under the Bevington
Family Trust dated July 9, 1997 as to an undivided one half
interest
D t
Dated 'yn
By: Martha N. Bevington, Trustee
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
) SS
County of Orange
On ! 7 . ;7C' UL before me, ?(CA-?,t 16 1Qk I: )IaOT L)N 1S) .tU1'L personally
appeared -) p(cke(o Hocj who proved to me on the asis of satisfactory
evidence to be the perso s) whose names(,&i are subscribed to the within instrument and acknowledged
to me that 1 vtQ/they executed the same in h-isCr/their authorized capacity(ies), and that by }3 s ie./their
signature(s) on the instrument the person(, or the entity upon behalf of which the persons} acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal. DANIELA BORBE
[*MY COMM. # 1878676 NOTARY PUBLIC•CALIFORNIA ORANGE COUNTY
( SEAL) Comm. Exp. JAN. 31, 2014
(Signature)
State of California
) SS
County of Orange
On ???\ L2?j C ?L before me, L,\A tlL??)Cpersonally
- 11 appeared I eq),1 t who proved to fne on the basis of satisfactory
evidence to be the persons} whose names(-s i arv-subscribed to the within instrument and acknowledged
to me that s ielthey executed the same in his er/their authorized capacity(ies), and that by-hlsge6' thsi:
signature(s) on the instrument the person(s}, or the entity upon behalf of which the persons} acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
--------------
f°.
DANIELA BORBE
(SEAL) ?'n" COMM.# 1878676 rA
Y & NOTARY PUBLIC-CALIFORNIA N
(Signature)
I MY Comm EXP. JAN. 31, 2014 ?
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
PARCEL A:
LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO.
1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF
SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED
RECORDED APRIL 3,1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY
BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12,
BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS
GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990,
PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS.
PARCEL B:
LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S
ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
APN: 398-454-12 and 398-454-13
Recording Requested By
FirsWR49119e139 afsTm" I 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
GOVERNMENT CODE SECTION 6103. CANCE T X S L FORM BY APPROVED AI'IY.O I APPROVED By DESCRUMON
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
I II 1?1? 1111111111111 Ell 111111 lh? 11$11 111 ??l 1 NO FEE
*$ R 0 0 0 5 0 1 9 0 8 7 $
2012000435694 3:51 pm 07/31112
117 406 G02 4
0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DESCRIPTION A. P. R/W MAP
CHECKED-O.K. NUMBER 39845412 & 13 NUMBER
1221 East 1' Street, Santa Ana, CA
Y01?733f-i.2-
DT 7-: /V ') 7'a ,c clk e f ei' 6v+ f- CoWP AtZ GRAW DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PROJECT
NUMBER
DEED
A- 2012-109
Mary Grace Neal, Trustee of the Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest
and Martha N. Bevington, Trustee of the Bevington Marital Trust created under the Bevington Family Trust dated July 9,
1997 as to an undivided one half interest
Do 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, County of Orange, State of California, located at 1221 East 1s` Street, described as follows:
SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated - p
Dated ? a 01 The Neal Family Revocable Trust dated April 24, 1998
as to un undivided one half interest
(-?" " X, P ---? .411/
By: ry ce eal, Trustee
The Bevington Marital Trust created under the Bevington
Family Trust dated July 9, 1997 as to an undivided one half
interest
Y)-) , ? -
By: Martha N. Bevington, Trustee
Reco-fdin'g Requested By
FICSICrdelcl?pTeas?mnall this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
6 Free recording requested by
l THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
•
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A. P. R/W MAP PROJECT
TAXES FORM BY ATTY. DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER 398-454-12 & 13 NUMBER NUMBER
X
1221 East 1" Street, Santa Ana, CA DEED NUMBER
{7
Yopa 3/_ zz
GRANT DEED q_ 201" -'Oct
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Mary Grace Neal, Trustee of the Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest
and Martha N. Bevington, Trustee of the Bevington Marital Trust created under the Bevington Family Trust dated July 9,
1997 as to an undivided one half interest
Do 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, County of Orange, State of California, located at 1221 East 1st Street, described as follows:
SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated G' Z
i
Dated 1 d U 1
The Neal Family Revocable Trust dated April 24, 1998
as to un undivided one half interest
-72i
By: M ry G?fice'6Teal, Trustee
The Bevington Marital Trust created under the Bevington
Family Trust dated July 9, 1997 as to an undivided one half
interest
By: Martha N. Bevington, Trustee
State of California
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
) SS
County of Orange
On j t, ,1 JC .t before me, C_ personally
appeared who proved to me on the asis of satisfactory
evidence to be the person(s) whose names(e) 1 are subscribed to the within instrument and acknowledged
to me that 9/tom executed the same in 1+is6 r/their authorized capacity(ies), and that by 1-1-??/theme
signature(.on the instrument the person(s), 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 is
true and correct.
Witness my hand and official seal. _ DANIELA BORBE
''nn COMM. # 1878676 rA
V/ NOTARY PUBLIC -CALIFORNIA
N
V ` ORANGE COUNTY
j6 (SEAL) MY COMM. EXP. JAN. 31, 2014
k l?
(Signature)
State of California
) SS
County of Orange
On ?t f 6'. r J oL before me '
kjt " Personally
appeared , . - C^-Y rv who proved to e on the b is of satisfactory
evidence to be the person(*} whose names(s 1 are-subscribed to the within instrument and acknowledged
to me that ht sRJtkey executed the same in hisCe their authorized capacity(ies), and that by-h-isjZ?dtl3ei4:
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 is
true and correct.
Witness my hand and official seal.
--------------
t DANIELA BORBE
(SEAL) ''nn COMM. # 1678676 ?n
Y! NOTARY PUBUC•CALIFORNIA N
(Signature) %MY Court UP. JAN ?1. 2014
EXHIBIT "A"
LEGAL DESCRIPTION
•
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
PARCEL A:
LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO.
1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF
SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED
RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL
RECORDS.
ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY
BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12,
BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS
GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990,
PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS.
PARCEL B:
LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S
ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
APN: 398-454-12 and 398-454-13
I
• •
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the deed dated
May 3, 2012, from Mary Grace Neal, Trustee of the Neal Family Revocable Trust
date April 24, 1998 as to an undivided one half interest and Martha N. Bevington,
Trustee of the Bevington Marital Trust created under the Bevington Family Trust
dated July 9, 1997 as to an undivided one half interest, to the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution
and laws of 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, 1998, in 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:
;rte; ???•
Dated
City Manager
AVESt
WAWD. HU2AR
R%RWOF crr