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HomeMy WebLinkAboutCOLE FAMILY THE, LIVING TRUST, WALTER W. COLE JR. AND ANTOINETTE AS TRUSTEEA-2013-073 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on June_ 201 3, 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 The Cole Family Living Trust, Walter W. Cole, Jr. and Antoinette Cole as Trustee (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 1222 East 41" Street, Santa Ana, CA) (APN: 398-385-03) Said purchase and sale of Said Real Property in lieu of acquisition by eminent domain to obtain the property for a public purpose, 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 14 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. 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 One Million One Hundred Thousand AND NO/100 Dollars ($1,100,000.00) 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. 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. 1 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 Code of Civil Procedure Section 1265.240. The liability of 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 by City 6.1 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 One Million One Hundred Thousand AND NO/100 Dollars ($1,100,000.00). 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; and (b) Acceptance by City of a Grant Deed conveying said real property to City; and (c) Delivery to City of the policy of title insurance as hereinabove provided; and (d) Recordation of the Deed conveying said real property to City. 6.2 Appraisal Fee. City shall reimburse seller $5,000.00 for appraisal services as provided by statute. 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, subject to the exceptions listed in Section 14, below, 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 City and deliver same to City within fifteen (15) days after escrow is opened, 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 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 not included in said rental statement. 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. Notices shall be mailed as follows: To City: City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, CA 92701, To Seller: Walter W. Cole 115 Coral Avenue Newport Beach, CA 92662 14. Exceptions. City agrees to accept title to said real property subject to the following: Lease Agreement with Fidal Garcia and Rita Ramos dba 7 Days Tire Store", for a term of ten (10) years, commencing March 1, 2009. 15. Entire Agreement. This Agreement represents the complete and exclusive statement between the parties, and supersedes any and all other agreements, oral or written, between the parties. The parties agree that any terms or conditions of any instrument that are inconsistent with, or in addition to, the terms and conditions of this PSA, shall not bind or obligate either party. Each party to this PSA acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. 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). 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. 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, which shall be accomplished within fifteen (15) business days of City's receipt of PSA executed by Seller. 19. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 20. 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. 21. 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. 22. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 Cole Family Living Trust, Walter W. Cole, Jr. and Antoinette Cole as Trustee Wafer W. Cole, Jr., Tru5oe Ainette Cole, Trustee ,pproved as o Form: Phi i F. an fam orney t Law City/Buyer City of Santa A a Kevin O'Rourk Interim City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: Sonia R. Carvalho City Attorney (�c A e San oval C ief Assistant City Attorney Date: -5 " �) -5 2013 Date: 2013 ,IJN 0 6 2013 Date: 12013 M EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check, or as otherwise agreed and instructed by the parties. 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. When recorded, please mail this instrument and tax statements to: L; 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 [ I SPACE ABOVE THIS LINE FOR RECORDERS USE GOVERNMENT CODE SECTION 6103 CANCEL APPROVED AS I FORMBY ATTY. I DIRECTOR APPROVEDBY I WRITTENTBYN I CCHECKEDIOK. TAXES DESCRIPIOESCRIPTON A.P. I RAV MAP I PROJECT NUMBER 398-385-03 NUMBER NUMBER DEED 1222 East 41h Street, Santa Ana, CA NUMBER GRANTDEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Cole Family Living Trust, Walter W. Cole, Jr. and Antoinette Cole as Trustee 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, all that real property in the City of Santa Ana, County of Orange, State of California, located at 1222 East 4`h Street, described as follows: SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated Dated By: Walter W. Cole, Jr., Trustee By: Antoinette Cole, Trustee R 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 Freee`rec�i g requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE U- CANCEL APPROVED AS TO APPROVED BY UESCRIPTION DESCRIPTION A. P. W W NIAP PROJECT TARES FORM BY ATTY. DIRECTOR NRITTEN BY CHECKED-D.K. NUMBER 398-395-03 NUMBER 4, IBER X t3y73 C22 Ease 4'a Street Santa Ana, Ca DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Cole Family Living Trust, Walter W. Cole, Jr. and Antoinette Cole as Trustees 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 1222 East 4`h Street, described as follows: SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated 4 --X V /;i Dated � —/_; By: Walter W. Cole, Jr., Trustee By: Antoinette Cole, Trustee EXHIBIT °A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: (APN: 398-385-03) LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) SS County of Orange On -( IVV J0 2 6 13 before me, %Jat�ie�� �Jb� 1`(aaTv�u�i�re personally app red VV who proved t me on th basis of satisfactory evidence to be the person(s) whose names(9) 1 arm subscribed to the within instrument and acknowledged to me that(De she/they executed the same i 1 her/their authorized capacity(ies), and that byO'herttheir signature(&) on the instrument the person(4, or the entity upon behalf of which the person(4 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. �CA k6e( ac_��� (SEAL) (Signature) State of California ) SS County of Orange _ DANIELA BORBE COMM, N 1878676 N ROTARY PUBLIC-CALFORNIR N ORANGE COUNTY MY Cow. Ev. JRN. J= On MP ! O 2(9 ( before me J\p Uje�pAriat2tt �10 personally app Gt) who proved tome on the basis of satisfactory evidence to be the person(&) whose n es(4 ''are -subscribed to the within instrument and acknowledged to me that h i they executed the same in 44s49/their authorized capacity(ies), and that by his4jHhe4- signature(4 on the instrument the person(s), or the entity upon behalf of which the person(4 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 N CoMM. R 1818676 '^ �� NOTARY PURIG-MFORNIA N Qa tiA I ifAJI� J e_ (SEAL) ORANGE COUNTY MY Caw. Ev. JAN. 31. 2014 (Signature) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Quitclaim Deed dated June 10, 2013, from Cole Family Living Trust, Walter W. Cole Jr. and Antoinette Cole as Trustee 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 Ci y o to Ana: Dated C tv aer CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange I SS On this day of �13, before me, Maria R. Huizar , Notary Public, personally appeared 1r o ie-Avho proved to me on the basis of satisfactory evidence to be the ers /persons whose r Ynames<:M/afe-subscribed to the within instrument and acknowledged to me that 1iel~hey executed the same in 1&/he#their authorized apacly`tcapaeities and that by fiis hefltheir n u(signatures rsd- /persons, or the entity upon behalf of which the on the instrument the e er _ rsons 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 It M Comm. iras Am. Er 5, 2016 r Witness my hand and official seal. `�1/l arm � ��-✓ Signature of Notary CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Individual(s) _ Corporate ❑ Officers Title(s) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: Utir�- (N' NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: t_'i ReoprdinRequested By OW mar Can 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-30 Santa Ana, California 92701 Free reeordmg re��ted by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 61 t CANCEL I APPROVED AS TO TAXES FORM BY ATTY. 49191432---2--L APPROVEDBY I DESCRIPTION DIRECTOR V?WTTEN BY Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1 I I1$1 III1II11$1IIIl I1I$ IIIH111 ElII1�1 11 NO FEE *$ R 0 0 0 5 9 9 1 4 9 5$ 2013000392117 8:00 am 06/28/13 93 406 D10 5 0.00 0.00 0.00 0.0012.00 0.00 0.00 0.00 7 2.Z DESCRIPTION CUECKED-OR 1222 Ens1esl.e" swe An, CA A. 1'. NUMBER 398-385-03 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, R/N' MAP PROJECT NUMBER NUNIDER The Cole Family Living Trust, Walter W. Cole, Jr. and Antoinette Cole as Trustees DEED NUMBER 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 1222 East 41l' Street, described as follows: SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated 46 --h/ 1�.— Dated C /> By: Walter W. Cole, Jr., Tru 0Kau)a11er 0lllams CbleJr By: Antoinette Cole, Trustee QKC-ad6i'nefe lerdded eiy(4 Hooding Requested By Fire American 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-30 Santa Ana, California 92701 A _ 20/ 3 --07.i Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. No &WaW24u , Ta7 I �D Ir72Z CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A.P. RM MAP PROTECT TAXES FORMBYA= DIRECTOR WRITTEN BY CFiECKED-O.K. NUMBER 398-385-03 NUMBER NIIhffiER x $y73 1222 East a SveeI, Sam. An., CA DEED N1IMBER 4q 19u3z--zZ GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Cole Family Living Trust, Walter W. Cole, Jr. and Antoinette Cole as Trustees 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 1222 East 4`" Street, described as follows: SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated 46 e // t- /� Dated 6 /J • / � By: Walter W. Cole, Jr., Tru 0 KO- coal der (L)i 110ftU Cole Jr By: Antoinette Cole, Trustee oko-cm461n4c leroken%errYC4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) SS County of Orange On AAC' )0 F 2, a I before me, LaAije6 I7rs Io-(' Nm'65'V'?u6k0_ personally app red yU °� who proved t nze on th basis of satisfactory evidence to be the person s) whose 11 Ile s)h are subscribed to the within instrument and acknowledged to me that(@e she/tksey executed the same in ii her/their authorized capacity(ies), and that by GvhgrAlwir signature(s)-on the instrument the person(4 or the entity upon behalf of which the person(4acted, 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. �kkk, (Signature) State of California ) SS County of Orange (SEAL) DANIELA BORBEE COMM.61878676 fn A NOTARY PUBLIC- FORNIA ORANGECOUNTY N Mr COMM. EXP. JAN. 21. 2014 7 Oil ru,e 1 �C7 0Z before me �arJ.tP1Ut Yxsit Nm �t��l1e personally app red ,4+&j,Le ICtzt& JJ�X'i%t 6MC who proved to me on tW basis of satisfactory evidence to be the person(&) whose mar les(si3'me-subscribed to the within instrument and acknowledged to me that 1aQg Tthey executed the same in •his r9/thei•r authorized capacity(ies), and that by hij2jj�/their- signature(4 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 i COMM.81 WI) NOTARY N Y PUBLIC -CAL (N ORANOE COUNn (SEAL) r Mr COMM. EXP. JAR. 01, 2014 (Signature) EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: (APN: 398-385-03) LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Quitclaim Deed dated June 10, 2013, from Cole Family Living Trust, Walter W Cole Jr. and Antoinette Cole as Trustee 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 the7 rjl, to Ana: Dated CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange I SS On this I _1��day of .� 2013, before me, Maria R. Huizar , Notary Public, personally appeared (J&tA;n irk-ftho proved to me on the basis of satisfactory evidence to be the ers persons whose nCnfe-1 namesdT/wre-subscribed to the within instrument and acknowledged to me that &i s4- they executed the same in &1 /herftheir authorized pa IdI apaeities and that by "Is her -/their ' nab /signatures on the instrument the rs /persons, or the entity upon behalf of which the er i�rsons 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 D. HUIZAR Commission # 1974202 Z •F.� Notary Public - California = Orange County M Comm. Ex ires Apr 5. 2016 CAPACITY CLAIMED BY SIGNER: Individual(s) _ Corporate ❑ Officers Title(s) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other: Witness my hand and official seal. ';�'4av"'�;c 'e[4� Signature of Notary THIS CERTIFICATE MUST BE ATTACHED TO THE DOCU rA�r IZZL E. N1f, Siv TITLE OR TYPE OF DOCUMENT: (arA I - NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: SIGNER IS REPRESENTING: DESCRIBED TO THE BELOW: