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HomeMy WebLinkAboutSPYGLASS INVESTMENT GROUP - 2015A -2015 -225 AGREEMENT OF PURCHASE AND SALE ASSESSOR PARCEL NUMBERS: 109- 421- [21 -22] THIS AGREEMENT of Purchase and Sale ( "Agreement "), dated October20, 2015, is entered into by and between the CITY OF SANTA ANA, a California charter city and municipal corporation ( "Seller ") and SPYGLASS REALTY PARTNERS, INC., a California corporation ( "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 Nos. (APN) 109 - 421 -21 and 109 - 421 -22, located at 1232 -1244 South Bristol Street, in the City of Santa Ana, County of Orange, State of California. To facilitate their sale, the parcels have been merged into one parcel per Lot Merger 2015 -08 to activate its potential development and use. 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. A copy of the Grant Deed for APN's 109- 421 -21 and 109 - 421 -22, filed with the County of Orange as Document Nos. 19960153398 & 19950098188 is attached hereto N as Exhibit "B" and is incorporated herein by this reference. � C. The subject Property was acquired by the Seller in 1996 as part of the St. Andrew Place to McFadden Avenue Phase of the Bristol Street Improvement Project, These two remnant parcels have been vacant for nearly twenty years and are not needed for public use or improvements. 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: 1. 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 Fidelity National Title Insurance Company ( "Escrow Holder "), whose address is 1300 Dove Street, Suite 310, Newport Beach, CA 92660, Attention: Natalie DuBois, 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 I referred to as the "Effective Date." The parties shall execute and deliverto 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 Two Million Dollars ($2,000,000.00) ( "Purchase Price "). (a) Escrow Deposit. Within three (3) business days following the Effective Date, Buyer will remit into escrow a deposit of Sixty Thousand Dollars ($60,000.00) ( "Escrow Deposit "). Such Escrow Deposit shall be fully refundable until the expiration of the Due Diligence Period and as otherwise set forth herein. 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 by the 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) ( "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 ( "Close of Escrow ") five (5) business days subsequent to Buyer's attainment of all of the Approvals (as defined below) including, without limitation, the building permit and all related municipal approvals for the Intended Use (as defined below). If Escrow is not in a condition to close by five (5) business days subsequent to Buyer's attainment of all of the Approvals, Escrow shall be closed as soon as possible thereafter. K 2.3 Condition of Title to Property Seller shall cause the conveyance of title to the Property to Buyer as evidenced by an ALTA 2006 Owner's Policy of Title Insurance covering the Property and any easements appurtenant thereto ( "Title Policy ") issued by Fidelity National Title Insurance Company ( "Title Company ") in an amount equal to the Purchase Price. During the Due Diligence Period, Buyer shall have the right to obtain and examine: (i) an ALTA title commitment (the "Title Commitment ") binding the Title Company to issue the Title Policy to Buyer; and (ii) an ALTA /AGSM survey of the Property. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by 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 prior to the expiration of the Due Diligence Period. At the Close of Escrow, Seller shall cause all standard title exceptions typically appearing on an ALTA title insurance policy, including the gap exception, the exception relating to parties in possession, the survey exception, and all exceptions related to mechanics liens to be deleted from the Title Commitment. 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) Prior to Close of Escrow, Buyer shall deposit into Escrow (i) the Escrow Deposit, (ii) all escrow and Closing Costs as described above; (iii) the Closing Payment; and (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 (i) 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 (iii) 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 respect to the tangible and intangible personal property included in the Property; and (iii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 3 2.6 Buyer'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 by the 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; (d) Buyer shall have thirty (30) calendar days, from the opening of escrow ( "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, and satisfy its contingencies ( "Due Diligence Investigations "). During the term of this Agreement, Seller shall provide Buyer with reasonable access to the Property, as further set forth below. Within ten (10) days following the Effective Date, Seller shall deliver to Buyer true and complete copies of any environmental reports, title documents and any other agreements, documents, or information pertaining to the Property to the extent in Seller's possession or reasonably obtainable by Seller. Seller will make every effort to provide all pertinent documents, but Seller's inability or failure to provide any document shall not be considered a violation subject to termination of the Agreement. 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 ( "Termination Notice ") to Seller electing to terminate this Agreement, whereupon a condition to Buyer's obligation to close shall not be satisfied, the Escrow Deposit (less the Independent Consideration) shall be immediately returned by the Escrow Holder to Buyer, 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 and have the Escrow Deposit (less the Independent Consideration) returned to Buyer except as otherwise set forth herein. (e) Buyer shall have obtained all final approvals, including, without limitation, the building permit and all related municipal approvals (the "Approvals ") necessary for developing the Property and constructing thereon, pursuant to a site plan which is acceptable to Buyer, a building or buildings, together with parking, signage and related site improvements (the "Intended Improvements ") appropriate forthe operation of an outpatient renal dialysis clinic, renal dialysis home training, aphaeresis services and related office and administrative uses (the "Intended Use "), such that immediately following M the Closing, Buyer shall be entitled to commence construction of the Intended Improvements. In the event Buyer has timely submitted all required applications and plans, and Seller has had sufficient opportunity to review such submittals, but Buyer still has not obtained all of the Approvals within one (1) year following the Effective Date, Buyer shall have the right, but not the obligation, to terminate this Agreement by written notice to Seller, whereupon the Escrow Deposit (less the Independent Consideration) shall be immediately returned by the Escrow Holder to Buyer, and this Agreement, and the obligations of the parties hereunder, shall terminate (other than those obligations that expressly survive a termination of this Agreement). (f) No material adverse physical change to the Property, including those caused by condemnation and /or casualty, shall have occurred subsequent to the Effective Date and on or prior to the Close of Escrow. 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: (i) the Close of Escrow, (ii) 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 Property 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 than 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), except to the extent arising out of the negligence or willful misconduct of Seller, its officers, employees or agents. (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 N7 certificate shall evidence that Buyer has obtained a policy or policies of comprehensive general liability and property damage insurance against loss, damage or liability for injury to 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 injury and 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 this 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 hereby will 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 Escrow which 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 regulations) upon orunderthe 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. 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. ft (a) Buyer hereby represents and guarantees that it will complete construction and development of the Property for the Intended Use within twenty -four (24) months following the Close of Escrow, but does not represent norguarantee the opening or operation thereof. The proposed operation of a dialysis center by DaVita Healthcare Partners, Inc. or an affiliate or subsidiary thereof ( "Tenant ") on the Property is critical to the Seller's decision to sell the Property to Buyer. The twenty -four (24) month timeframe shall be tolled by any delays directly attributable to the actions or inactions of the Seller or Tenant, by any natural causes outside the control of either party ( "Force Majeure "), or by mutual agreement of the parties. If Buyer does not comply with this guarantee within the timeframe provided, the Seller may opt to nullify the sale of the Property, at which time the Property shall be returned to the Seller, including any and all improvements to the Property completed by Buyer, in exchange for payment by the Seller to Buyer of eighty percent (80 %) of the Purchase Price. (b) 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 (c) 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 By execution of this Agreement, Seller hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits other than 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. 5. REMEDIES If Seller defaults under this Agreement, then Buyer may either: (i) terminate this Agreement by written notice to Seller, whereupon the Escrow Deposit (less the Independent Consideration) shall be immediately returned by the Escrow Holder to Buyer, and this Agreement and the obligations of the parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement); or (ii) bring an action for specific performance of this Agreement. If Buyer defaults under this Agreement, and such default is not cured within thirty (30) days following the date of Seller's written notice of default to Buyer, then Seller may, as Seller's sole and exclusive remedy underthis Agreement by reason of such default, terminate this Agreement by written notice to Buyer, whereupon the obligations of the parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement) and the Escrow Deposit shall be delivered to Seller as full compensation and liquidated damages under and in 7 connection with this Agreement, and in such event, Buyer shall not be liable to Seller 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. 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 Property with 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. Seller does not warrant that the Property conforms with any ordinances, including, without implied limitation, zoning or building ordinances. MISCELLANEOUS 8.1 Notice Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered (a) in person, (b) by overnight courier, (c) by facsimile or as a PDF or similar attachment to an email (provided that such facsimile or email attachment shall be followed within one (1) business day by delivery of such notice pursuant to clause (a), (b) or (d)), or (d) by United States Mail in the State 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 Facsimile: 714-647-6549 E -mail: kreenders @ santa - ana.org Buyer: Spyglass Realty Partners, Inc. 17802 Mitchell North Irvine, CA 92614 Attn: Richard M. Mayo, President Facsimile: 949 - 502 -2997 E -Mail: rmayo @spyglassinvestmentco.com 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 or email (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. For Seller, the Executive Director of the Community Development Agency shall have the authority to review and approve or deny any request for assignment. 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 In 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 entitled to recover from the other party reasonable expenses, attorney fees and costs. 0 8.7 Entire Agreement The Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written 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. 8.8 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] 10 SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE ASSESSOR PARCEL NUMBER: 109 - 421- [21 -22] 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 ATTEST: By: °iS DSO_ Maria Huizar City Clerk ..5" in BUYER: SPYGLASS REALTY PARTNERS, INC., a California corporation Rich d M. Mayo Pr ident 11 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 1: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA THAT PORTION OF LOT "I" OF THE REVISED PLAT OF THE WEST TRACT, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 240.00 FEET (MEASURED TO THE CENTERLINE OF BRISTOL STREET). EXCEPTING THEREFROM THE NORTH 997.00 FEET. ALSO EXCEPTING THEREFROM THE SOUTH 30.00 FEET INCLUDED WITHIN TRACT NO. 3244, AS SHOWN ON A MAP RECORDED IN BOOK 99, PAGES 14 AND 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTINGTHEREFROM THE EAST 75.00 FEET SHOWN AS PART OF BRISTOL STREET ON RECORD OF SURVEY 2006 -1126, RECORDED IN BOOK 224, PAGES 23 THROUGH 26, INCLUSIVE OF RECORD OF SURVEYS, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. CONTAINING AN AREA OF 44,715 SQUARE FEET (1.03 ACRES), MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND ANY OTHER RIGHTS OF RECORD. APN 109- 421 -[21 -221 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. 12 EXHIBIT "B" ORANGE COUNTY RECORDER DOCUMENT NOS. 19960153398 & 19950098188 [attached behind this page] 13 AME(j,`, 4l 72 mucordea In the county of orange, uallforma Gary L. Granville, Clerk /Recorder RECORDING REQUESTED BY I �ryI 11111 1111111 jjIj 1111 No Fee FIRST AMERICAN TITLE INS. Co. 19960153398 HAW 03/2916 004 246447 20 50 FAT WHEN RECORDED MAIL T0: 002 4 11 0.00 7.00 9.00 0.00 0.00 0.00 0.00 CLERK OF THE COUNCIL 0.00 0.00 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M -25 SANTA ANA, CA 92701 WIA, THIS SPACE FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) Document Number: 19960153398 Page: 1 of 4 1'f A-P 3P 3 0 r� �n �n P1 Free recording requested by THE CITY OF SANTA ANA Per Government Code Section 6103 WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -25 PROPERTY SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 109421 -22 This office Is exempt tram IhV lees under Goverru lw COda $ 0103, GRANT DEED No Tax Due Per code 11IM FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JORGE H. MERINO AND MARIA MERINO, TRUSTEES FOR THE JORGE H. MERINO AND MARIA MERINO 1991 REVOCABLE TRUST FOR THE BENEFIT OF JORGE H. M13RINO AND MARIA MERINO AND THEIR ISSUE UNDER THE INSTRUMENT DATED AUGUST I2, 1991 Do Hereby Grant to The City of Santa Ana, a municipal corporation, the real property in meCity or Santa Ana, County of Orange, State of California, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Dated November 28. 1995 } STATE OF CALIFORNIA }55. COUNTY OF On `EFr➢'�lA�.`( / e�cJ L Before me, tihT/- FS,Y'/ti.IC M. 5�+� Personally appeared y7�G� �, F1 .A MARIA M6Ze1JC) personally known to me (or proved to me on the basis of satisfactory evidence) to he the person(s) whose name(s) is /am subscribed to the within ins(mment and acknowledged to me that he /she /they exenRed the same in hislhedtheir authorized capacLLy(in), and that by his/hedthelr signaturc(s) on the insourrom the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand . official seal. \\ Signature MAIL' A%STATEtv NTS AS DIRECTED ABOVE Cif Cc nCt tc Cyr? ti f o � TRUSTEE r - (I'his area for official notarial seal) Document Number: 19960153398 Page: 2 of 4 EXHIBIT A The southerly 180.00 feet of the easterly 192.00 feet (measured at right angles from the centerlines of Wilshire Avenue and Bristol Street) , of the east half of Block I of the revised plat of the west tract, as shown on a map recorded in Book 1, page 13 of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom the south 30.0o feet included within Tract No. 3244, as shown on a map recorded in Book 99, pages 14 and 15 of Miscellaneous Maps, Records of Orange County, California. Document Number: 19960153398 Page: 3 of 4 This is to certify that the interest in the real property conveyed by the deed dated November 28, 1995 from Jorge H. Merino and Maria Merino to the City of Santa Ana, a political corporation and governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 69 -156 of the City Council adopted on October 6, 1969, and the grantee consents to recordation thereof by its duly authorized officer. Dated City nager __-- Document Number: 19960153398 Page: 4 of 4 RECORDING REQUESTED BY First American True Ins. Co. DOC 0 910- 0098188 09 —flAR -1495 03:59 PM WHEN RECORDED mAiL T0: Recorded in PffMal k:ords CITY OF SANTA ANA of Orange County, %alifond� CLERK OF THE COUNCIL Gary L. 6ramille, Clerk- Recoraer 20 CIVIC CENTER PLAZA Page 1 of 3 Fees: f 11.0n M -30 Tax: f 0100 SANTA ANA, CA. %ZS��9bQ THIS SPACE fOR RECORDER'S USE ONLY GRANT DEED D r -Ma office is exempt from Bring Ion under GoveRenenl Code §M'3. No Talc Due Per cede f I O22 AMER'IC 7111S PAOE AO0£0 TO PROYIO£ AO£OUATC SPA C£ FOR R£COROl va fNfORMATlON (AOOITIONAL R£COROING F££ APPUfS1 Document Number: 19950098188 Page: 1 of 3 s¢n recorded, please mad this /k*umem and tax siawmenlx to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, Califomia 92701 Free recording requested by THE CITY Or SANTA ANA PER GOVTRN.ENi CODE SECLON 6103. 0,," I ranv. e• An.4 I Dw i. Wnry1 O SPACE ABOVE THIS LINE TOR LECOADER S USE GIRANT DEED FOR VALUABLE CON5IDERATION, receipt of which Is hereby acknowledged, Pamela Ann Probst, executor for the estate of Sylvia Brower, deceased, ae undivided one -tra3f (g)_ interest and Marvin White, in tru6t for the beneYit of Pamela Ann Probst _ and Eric Merkz, sa undivided one -Half N) interest. a'F Mz Do _ Hereby Grant to THE CITY Or SANTA ANA, a Municipal Corporation. the real property in the City of Santa Ana, County of Orange, State of California, described as follows: -Q The east 240,00 feet (measured to the center line of Bristol Street) of Block I of the revised plat of the west tract, as shorn on a map recorded in Book 1, page 13 of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom the north 997.00 feet. Alan excepting therefrom the south 180.00 feet of the east 192.00 feet (measured to the center line of Bristol Street). STATE OF CALI RNA )55 COUNTY OF C I on vnr-�CAse-n I I ri bemre leA, r � F AANN PRO 64 rl ERIC ME c R M2personally apFraied_tZl rn P A H n t-I wa In IAiill �'e.- r-i y:C.sr ♦hn C, _ {Y✓M.31Y'{reva+wWSw. for prav<*1 Io my on Ihv f>,nir of Saln4u Nh I,,Ide eel In be Iha pen. ,Owhuu nlml� �t/fj"i7.uM<i h,d In Ihr wnhln Inslrunxnl arcl arkrowlMyrd to mr• Ihal rJthnA»uv ul. ed the same m hIS /her ci authoivN ("'a, Ir rr rd Ihal by h t/ne sign uuro�5f nn the Imuumrm IhC pnrw a the, n• q uWn all of whrzh Uxpenon 1�etN, run Wni lhl ngmmrrc � Ar, Wrri 5S ro, hared and ol6nal s ,o I � } S�AOAiVle �-`54 - �,�� a1M ♦�a �.a.'u'fa.,l ry,,.rai rffl tt TAiLMFNTSASOIRECTED ABOVE Doeume N -t tuber: 19950098188 Page: 2 of 3 This is to certify that the interest in the real property conveyed by the deed dated March 2, 1995 from Marvin White, Pamela Ann corporation o tion and governmental h i agcy, is hereby accepted by ical lit undersigned officer or agent on behalf of the city Council pursuant to authority conferred by Resolution No, 69 ^156 of the City Council adopted on October 6, 1969, and the grantee consents to recordation thereof by its duly authorized officer. a 5 �s Da ed �+`^ ty M ager Document Number: 19950098188 Page: 3 of 3