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HomeMy WebLinkAbout25C - AGMT - 510 E 2ND ST SALEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RUPERT AKOUBIAN FOR THE SALE OF LAND AT 510 E. SECOND STREET (STRATEGIC PLAN NO. 3,3) cz, /n-C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n° Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement between the City of Santa Ana and Rupert Akoubian, for the sale of real property located at 510 East Second Street for $40,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In July 2015 the City became aware that the parking lot property at 506 East Second Street had been enclosed, and was being used by the Orange County Auto Parts business located at 515 East First Street. Although this property was acquired in 2010 by Mr. Akoubian, the former Redevelopment Agency continued to hold the deed on a small portion of the lot until it was transferred to the City in 2012. The City contacted Mr. Akoubian and offered to sell the 971 square foot remnant parcel located at 510 East Second Street (APN 398 - 491 -40) as it was no longer needed for public purposes. On July 29, 2015, the City received a letter from Mr. Akoubian expressing an interest in purchasing the property to expand his business and to provide increased safety for both customers and vendors. The agreed upon purchase price for this remnant parcel is $40,000. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community). 25C -1 Agreement to Sell Property - 510 E. Second Street September 15, 2015 Page 2 FISCAL IMPACT Upon completion of the sale during the current Fiscal Year 2015 -16, funds in the amount of $40,000 will be deposited into the General Fund Miscellaneous Revenue, Sale of Land account no. (01102002- 57071). i Kelly Re -ders Executive Director Community Development Agency KR/TE /np Exhibit: 1. Land Sale Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez s Executive Director Finance and Management Services Agency 25C -2 AGREEMENT OF PURCHASE AND SALE ASSESSOR PARCEL NUMBER: 398 - 491 -40 THIS AGREEMENT of Purchase and Sale ( "Agreement'), dated September 15, 2015, is entered into by and between the CITY OF SANTA ANA, a California charter city and municipal corporation ( "Seller ") and Rupen Akoubian, an individual ( "Buyer ") for the acquisition by Buyer of certain real property described below. RECITALS A. Seller owns certain real property commonly known as Orange County Assessor Parcel (APN) No. 398 - 491 -40, located at 51.0 East Second Street, in the City of Santa Ana, County of Orange, State of California, adjacent to the Orange County Auto Parts business located at 515 East First Street, Santa Ana, and a parking lot located at 506 East Second Street, Santa Ana, both of which are owned by Buyer. Buyer desires to purchase a fee interest in such real property owned by Seller as more particularly described and depicted in Exhibit "A ", attached hereto and made part hereof ( "Property ") and Seller desire to sell the Property. B. The Seller owned portion of the Property was retained when the Property was originally deeded to private ownership in 1989. A copy of the Grant Deed forAPN No. 398- 491-40, filed with the County of Orange as Document No, 8120378921, is attached hereto as Exhibit "B" and is incorporated herein by this reference. C. The Seller has reviewed its records and concluded that the Seller portion of the Property is not needed for public purposes. Seller has determined that the Property constitutes "exempt surplus land" as defined by Government Code section 54221 because the Property is smaller than the square footage size thresholds found in Government Code section 54221(e)(2), and not subject to such Government Code provisions per Government Code section 54222.3. E. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: PURCHASE Buyer agrees to buy, and Seller agrees to sell and convey, the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW Upon execution of this Agreement by all parties, the parties shall open an escrow ( "Escrow ") with FIRST AMERICAN TITLE ( "Escrow Holder ") at its offices located at4 First Exhibit 1 25C -3 American Way, Santa Ana, CA 92707, for the purpose of consummating the purchase and sale of the Property, as described herein. The date on which Escrow is opened with Escrow Holder shall be referred to as the "Effective Date." The parties shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder, as may be required to consummate the transaction contemplated by this Agreement If there is any Inconsistency between such Instructions and this Agreement, this Agreement shall control unless the parties expressively agree in writing otherwise. The Escrow instructions shall Include the Following terms and conditions of sale: 2.1 Purchase Price The total purchase price for the Property shall be the sum of Forty- Thousand Dollars ($4.0,000.00) ( "Purchase Price "). (a) Escrow Deposifi Within five (5) days of the Effective Date, Buyer shall deposit FIVE THOUSAND) ($5,000) ( "Escrow Deposit") in cash with the Escrow Holder. Such Escrow Deposit shall be credited towards the Purchase Price paid to Seller as provided in this Agreement. (b) Closing Payment The Purchase Price, as adjusted by the application of the Escrow Deposit and bythe proration and credits specified herein, shall be paid by Buyer to Seller in cash at the Close of Escrow (the amount to be paid under this Section 2.1(b) being herein called the "Closing Payment"). (c) Independent Consideration Escrow Holder shall pay a portion of the Escrow Deposit in the amount of One- Hundred Dollars ($100.00) (the "Independent Consideration ") to Seller upon the earlier to occur of the Close of Escrow (as defined below) or the termination of this Agreement for any reason. The Independent Consideration constitutes bargained -for consideration for this Agreement and Buyer's rights under Section. 2,6(d) and is expressly acknowledged to be adequate. The obligation of Buyer to pay the Independent Consideration to Escrow Holder, and the obligation of Escrow Holder to pay the same to Seller, are unconditional and shall survive any termination of this Agreement. 2.2 Close of Escrow If Buyer does not exercise Its right to terminate this Agreement under Section 2.6(d) prior to the expiration of the Due Diligence Period (as defined below), then Escrow shall close on the fifth (5th) business day following the expiration of the Due Diligence Period (the "Close of Escrow "). If Escrow is not in a condition to close by Close of Escrow, Escrow shall be closed as soon as passible thereafter. 2.3 Condition of Title to Property Seller shall cause the conveyance of title to the Property to Buyer as evidenced by a Binder of Title Insurance ( "Title Policy ") issued by FIRST AMERICAN TITLE (the "Title Company ") In an amount equal to the Purchase Price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by 25C -4 Buyer, which approval shall be delivered in writing by Buyer to Seller prior to the expiration of the Due Diligence Period. Buyer shall in addition have approved in writing the legal description of the Property to be set forth in the Title Policy priorto the expiration ofthe Due Diligence Period. 2.4 Escrow and Closing Costs Buyer shall pay the cost of the Title Policy, the Escrow Fees and all documentary transfer fees and recording fees, as may be applicable, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If applicable, Buyer shall also pay for the appraisal cost of the Property (collectively, "Closing Costs "). Seller shall pay all other costs and expenses incurred by Seller related to the sale of the Property. 2.5 Deposit of Funds and Documents (a) Priorto Close of Escrow, Buyer shall deposit into Escrow (1) the Escrow Deposit, (ii) all escrow and Closing Costs as described above; (iii) the Closing Payment; (iv) such other documentation as is necessary to close Escrow; provided, however, that Buyer shall not be required to deposit the Closing Payment until Buyer has been notified by Escrow Holder that (1) Seller has delivered to Escrow Holder each of the documents and instruments to be delivered by Seller in connection with the sale of the Property, (ii) Title Company is irrevocably and unconditionally committed to issue and deliver the Title Policy, and (ifi) the only impediment to Close of Escrow is delivery of such amount by or on behalf of Buyer. (b) Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed grant deed for conveyance of the Property to Buyer; (ii) a duly executed bill of sale, assignment and assumption agreement from Sellerwith respectto the tangible and intangible personal property included In the Property; and (ill) such other documents and sums, If any, as are necessary to close Escrow in conformance herewith. 2.6 Bier's Conditions Precedent to Close of Escrow The obligation of Buyer to purchase the Property as contemplated by this Agreement and the Close of Escrow is subject to satisfaction of each of the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; (b) Seller shall timely perform all obligations required bythe terms of this Agreement to be performed by it; (c) The irrevocable and unconditional written agreement of Title Company to record the grant deed at the Close of Escrow and to Issue to Buyer the Title Policy effective as of the date and time the deed is recorded; 3 25C -5 (d) Buyers hall have until 5:00 p,m. (Pacific time) on, October 15, 2015 (the period beginning on the date hereof and ending on such date being herein called the "Due Diligence Period ") within which to perform and complete all of Buyer's due diligence examinations, reviews and inspections of all matters pertaining to the Property, Including all leases and service contracts, all physical, environmental and compliance matters and conditions respecting the Property ( "Due Diligence Investigations "), During the terrn of this Agreement, Seller shall provide Buyer with reasonable access to the Property, as further set forth below, and to its files relating to the Property upon advance notice. At any time on or before the last day of the Due Diligence Period, Buyer may, in its absolute and sole discretion, for any reason or no reason, give written notice (the "Termination Notice ") to Seller electing to terminate this Agreement, whereupon a condition to Buyer's obligation to close shall not be satisfied and this Agreement, and the obligations of the parties hereunder, shall terminate (other than those obligations that expressly survive a termination of this Agreement). If Buyer fails to deliver the Termination Notice to Seller prior to the expiration of the Due Diligence Period, then Buyer shall have no further right to terminate this Agreement pursuant to this Section 2,6(d). 2.7 Seller Conditions Precedent to Close of Escrow For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 2.8 License to Enter Property During Due Diligence Period Seller licenses the Buyer and its contractors to enter the Property for the purpose of undertaking the Due Diligence Investigations as the Buyer deems necessary and appropriate. The license given.in this Section 2.8 shall only be effective until the earlier of: (1) the Closing Date, (11) the termination of this Agreement, or (iii) the date of any Termination Notice provided hereunder. The Buyer shall conduct all Due Diligence Investigations during the Due Diligence Period at its sole cost and expense. The Buyer shall abide by any reasonable condition(s) of entry onto the Properly required by Seller, whether or not set forth in this Agreement. Any Due Diligence investigations by the Buyer shall not unreasonably disrupt any then - existing use or occupancy of the Property. (a) Limitations. The Buyer shall not conduct any intrusive or destructive testing of any portion of the Property, other then low volume soil samples, without Seller's prior written consent. Following the conduct of any Due Diligence investigations on the Property, the Buyer shall restore the Property to substantially its condition prior to the conduct of such Due Diligence Investigations, (b) Indemnity. Buyer agrees to indemnify, defend and hold the Seller, and its officers, employees and agents, harmless from and against all actual damages, judgments, costs, expenses and fees arising from or related to any act or omission of Buyer In performing Its Due Diligence Investigations under this Agreement (excluding discovery of any pre - existing conditions at the Property), 4. 25C -6 (c) Insurance. Prior to any entry upon the Property by or on behalf of Buyer, Buyer (at Buyer's sole cost and expense) shall provide Seller with a certificate of Buyer's liability insurance policy designating Seller as an additional insured, The foregoing certificate shall evidence that Buyer has obtained a policy or policies of comprehensive general liability and property damage insurance against loss, damage or Ilabllityfor injuryto or death of any person, or loss or damage to property occurring in or about the Property. Such insurance shall include comprehensive general liability coverage for bodily Injuryand property damage In the amount of at least $1,000,000.00 combined single limit, and shall include automobile liability coverage for bodily injury and property damage in the amount of at least $1,000,000.00 combined single limit, The foregoing policy or policies shall contain a provision that such policy or policies will not be cancelled, reduced in coverage, renewed or otherwise amended In any manner until at least thirty (30) days prior written notice has been given to Seller. Buyer shall see that Insurance coverage as provided in thls paragraph is maintained throughout the duration of Buyer's right of entry onto the Property. REPRESENTATIONS AND WARRANTIES OF PARTIES 3.1 Representation and Warranties of Seller Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated herebywfli not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; and (b) To Seller's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; and (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrowwhich will in any way burden, encumber or otherwise affect the Property without the prior written consent of the Buyer; and (d) Seller, as a government agency, has not been subject to real property tax assessment on the property. Transfer of Title to buyer at the Close of Escrow will subject the Property to an assessment from the Orange County Office of the Assessor and shall be the obligation of the Buyer henceforth; and (e) Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulatlons)'upon or underthe Property. Sellerwarrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Property. 5 25C -7 3.2 Representations and Warranties of Buyer Buyer makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow. (a) The execution and delivery of the Agreement by Buyer, Buyer's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Buyer is at present a party or by which Buyer is bound; and (b) No other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. 4. ACKNOWLEDGEMENT OF FULL BENEFITS 4.1 By execution of this Agreement, Seller hereby acknowledge that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits otherthan as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property. 4.2 This Agreement arose out of Buyer's efforts to acquire the Property. This Agreement does not, and shall not be constructed to require Sellerto indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on said Property. 5. REMEDIES If Seller defaults under this Agreement, then Buyer may, as Buyer's sole and exclusive remedy under this Agreement by reason of such default, terminate the Escrow and receive a return of the Escrow Deposit (less the Independent Consideration) as full compensation and liquidated damages underand in connection with this Agreement, and in such event, Seller shall not be liable to Buyer for monetary damages except for full payment of said amount. If Buyer defaults under this Agreement, then Seller may, as Seller's sole and exclusive remedy under this Agreement by reason of such default, terminate the Escrow and the Escrow Deposit shall be delivered to Seller as full compensation and liquidated damages underand in connection with this Agreement, and in such event, Buyer shall not be liable to Seiler for monetary damages except for full payment of the amount of the Escrow Deposit due at the time of termination and forfeiture of said Escrow Deposit to the Seller. 25C -8 6. RIGHT OF POSSESSION Seller hereby grants Buyer and Its representatives, agents, consultants and contractors, physical and legal possession of the Property effective as of the Close of Escrow. 7. AS IS CONDITION Buyer shall rely solely and exclusively upon the results of its Due Diligence Investigations of the Propertywith regard to any physical condition or state of the Property, By completing the purchase of the Property following its Due Diligence Investigations, Buyer evidences its unconditional acceptance of the condition of the Property. Buyer acknowledges and agrees that Buyer is purchasing the Property on an "AS -IS," "WHERE - IS" basis. Buyer is not offering to purchase the property based on any representation by Seller or Seller's agent except those expressly set forth in Section 3 1. Buyer hereby acknowledges that the purchase of the Property is without warranties of any kind from Seller, expressed or implied, except as expressly set forth in Section 3.1, as to the condition of the Property or Its improvements, If any, including, without implied limitation, soils, access to the Property or to utilities, appliances, structure utility systems, roof, foundation, landscaping or any other component of the Property. Seiler does not warrant that the Property conform with anyordinances, including, without implied limitation, zoning or building ordinances. 8. MISCELLANEOUS 8.1 Notice Any notice to be given or other document or documents to be delivered to either party by the other hereundermay be delivered (a) in person, (b) byovernightcouder, (c) by facsimile or as a PDF or similar attachment to an email (provided that such facsimile oremail attachment shall be followed within one (1) business daybydeliveryof such notice pursuant to clause (a), (b) or (d)), or(d) by United States Mail in theState of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Executive Director, CDA Buyer: Rupen Akoubian NAPA Auto Parts 515 E. First Street Santa Ana, CA 92701 7 25C -9 Any notice or other document sent by personal delivery, overnight courier or registered or certified mail as aforesaid shall be considered to have been effectively served or delivered on the day of actual delivery (whether accepted or refused) as evidenced by printed confirmation if by facsimile (provided that If any notice or other communication to be delivered by facsimile or email attachment as provided above cannot be transmitted because of a problem affecting the receiving party's facsimile machine or computer, the deadline for receiving such notice or other communication shall be extended through the next business day), as shown by the addressee's return receipt if by certified mail, and as confirmed by the courier service if by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local time where received) or on a non - business day, then such notice or communication so made shall be deemed effective on the first business day after the day of actual delivery. 8.2 Time of Essence Time is of the essence with respect to each and every provision hereof. 8.3 Assignment Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other, non - assigning party hereto. 8.4 Governing Law All questions with respect to this Agreement, and rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. Venue shall be in the County of Orange. 8.5 Inurement Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. 8.6 Attorney Fees I n the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitle to recover from the other party reasonable expenses, attorney fees and costs. 8.7 Entire Agreement The Agreement contains the entire Agreement of the Buyer parties hereto, and supersedes any priorwritten or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. 8 25C -10 8.8 Additional Documents All parties hereto agree to execute any and all additional documents and Instruments necessary to carry out the terms of this Agreement. 8.9 No Merger All warranties, representations, acknowledgements, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the grant deed. 8,10 Authority to Execute Agreement The persons executing this Agreement and the instruments referenced herein on behalf of Buyer and Seller hereby represent and warrant that such persons have the right, power and authority to bind Buyer and Seller, respectively. 8.11 Counterparts This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. [SIGNATURES ON NExT PAGE] 9 25C -11 SIGNATURE WAGE TO AGREEMENT OF PURCHASE AND SALE ASSESSOR PARCEL NUMBER. 398. 491.40 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. SELLER: CITY OF SANTA ANA, a California charter city and municipal corporation By: David Cavazos City Manager AT"T"EST: By: Maria Hulzar City Clerk BUYER: RUPEN AKOUBIAN, an individual By: Rupen Akoubian 10 25C -12 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY All right, title and interest of Seller in and to that certain real property located in the City of Santa Ana, Orange County, California, described as follows: PARCEL A: LOTS 5 AND 6 OF " JENNINGS & FOSTERS ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 75 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL B: THAT PORTION OF THAT CERTAIN ALLEY, AS SHOWN ON A MAP OF "JENNINGS & FOSTERS ADDITION TO SANTA ANA" RECORDED IN BOOK 12, PAGE 75 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AKJOINING LOTS 5 AND 6 OF SAID JENNIGS & FOSTERS ADDITION TO SANTA ANA, AS VACATED BY THAT CERTAIN RESOLUTION NO, 77 -26 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 28, 1977, IN BOOK 12086, PAGE 1808 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AND RE- RECORDED APRIL 18, 1977, IN BOOK 12152, PAGE 1265 OF SAID OFFICIAL RECORDS, THAT LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 6 AND SOUTHERLY OF A LINE THAT IS PARALLEL WITH AND SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 6. APN 398- 4 -91 -40 together with all easements, rights -of -way, and appurtenances benefiting such land ( "Land"), and all improvements, structures and fixtures now or on the Close of Escrow located upon the Land. 11 25C -13 EXHIBIT "B" ORANGE COUNTY RECORDER DOCUMENT NO 8120378921 [attached behind this page] 12 25C -14 (Page 1 of 4) 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 FREE RECORDING REQUESTED BY THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. APN: 398 - 491 -40 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder NQ FEE IIIIIIIIIIIIIIIIIIIIIIIIIil11111111111111111111111IIIIIilllllllllllllllllll 2012000378921 3:50 pm 07103112 217 413 401 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Santa Ana as Successor Agency to the former Community Redevelopment Agency ( "Successor Agency "), does hereby remise, release and quitclaim 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 rights, title and interest to the real property, including any fixtures and equipment appurtenant thereto, located in the City of Santa Ana, County of Orange, State of California. SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF CITY OF SANTA ANA AS SUCCESSOR AGENCY Dated: J i a" STATE OF CALIFORNIA COUNTYOF personally appeared By: Paul M. Walters } City Manager, City of Santa Ana }s5. } before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his /her /their authorized capacily(les), and that by his /her /their signsture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: This area for official notarial seal 25C -15 Doourte:nt:2012000378921 Pagel of 4 (Page 2 of 4), Exhibit "A" Legal Description Parcel A: Lots 5 and 6 of "Jennings & Fosters addition to Santa Ana ", as shown on a map recorded in Book 12, Page 75 of Miscellaneous records of Los Angeles County, California. Parcel B: That portion of that certain alley, as shown on a map of "Jennings & Fosters addition to Santa Ana" recorded in Book 12, Page 75 of Miscellaneous records of Los Angeles County, California, adjoining Lots 5 and 6 of said Jennings & Fosters addition to Santa Ana, as vacated by that certain Resolution No. 77 -26 of the City Council of the City of Santa Ana, a certified copy of which was recorded February 28, 1977, in Book 12086, Page 1808 of Official Records of Orange County, California and re- recorded April 18, 1977, in Book 12152, Page 1265 of said Official Records, that lies Northerly of the Easterly prolongation of the Southerly line of said Lot 6 and Southerly of a line that is parallel with and Southerly 30.00 feet, measured at right angles, from the Easterly prolongation of the Northerly line of said Lot 6. APN:398- 491 -40 25C -16 Doc, nt:2012000378921 Paga:2 of 4 (Page 3 of 4), CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange SS. On July 3. 2012 before me, Date personally appeared Paul M. Walters who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 7 L. J. CRTIZ I certify under PENALTY OF PERJURY under 7 Commlastbn r 1048-400 the laws of the State of California that the g •. Notary Public -California foregoing is true and correct. 3 Orange County M Comm. Ex IresMa $0, 20131 WITNESS my hand and official seal. Place Notary Seal Above - ^�M ature 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 anotherdocument Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Paul M. Walters ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ® Other: City Manager Signer is Representing: City of Santa Ana as Successor Agency 25C -17 Document:201200037a921 Page:3 of 4 (Page 4 of 4) ATTACHMENT TO DEED CERTIFICATE OF ACCEPTANCE Government Code Section 27281 This is to certify that the interest in real property conveyed by the Deed from the Grantor, to the City of Santa Ana, a charter city and municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City of Santa Ana, pursuant to authority conferred by an adopted resolution of the City of Santa Ana, and the Grantee consents to recordation thereof by its duly authorized officer or agent. By: ( _ Date: Paul Walters City Manager AVI A - w -Trt:tiJ 25C -18 1).. nt:2012000378921 Page:4 of 4