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HomeMy WebLinkAboutNUNEZ, BOLIVAR - 2016AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter « PSA»\.entonediDtVuD 2816' h8tWxeeD the CITY OF SANTA ANA, @ charter city and municipal C�orpbrar�bn duly organized under the Constitution and l8N/o of the State Of California (hereinafter "City" or 'BUy8r'). and Bolivar Nunez, or sUc0es8Vrt[Vstee(S). as trustee of the BVlV8| Nunez Living Trust Dated October 7, 7005 (h8oSiDaft8[ "SeUer"), regardless of number 8rgender; WHEREAS, Seller C8DlnoisSiOOed an appraisal of Said Real Property (6S defined helum) dated December 5.2015. Seller obtained the appraisal in a good faith effort to obtain the fair market value uf Said Real Property (not including any goodwill) and tUpay Seller just compensation within the [D8nOing of the just compensation clause VfArticle 1. Section 19 of the California Constitution, The valuation dV8S not include any i0C[eaS8 or deC[e8S8 in fair market value caused by the public improvement for which the property i8t0be acquired. The December 6/2015appraisal provides that the fair market value Of Said Real Property iS$704'770. THEREFORE, for and in consideration of their mutual promises, c0Ve88DtS and agreements, and tj subject tO the terms, conditions and provisions Vf this PS/\' Seller agrees tU sell tO City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as SEE EXHUBITuA'' — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE /\ PART HEREOF (Commonly known 882101 S. Bristol Street, Santa Ana, CA 02704\ //\PNO15'l04-17\ Said purchase and sale of Said Rea( Property shall he 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 tu convey said real property {o City, bv Grant Deed, etthe office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (8O) days from and after the date Vn which the City has approved this Agreement. 2. Title to be Conveyed, Seller agrees that, except GS may hereinafter be otherwise expressly pPJYided/ said real property shall h8 conveyed by Seller tO City, as aforesaid, free and clear Of any and all oVndiU0Ds. [eStriCtinVs, ren9rVaUDDs/ exceptions, easements, 8Sa8eamonta' profits, limitations, eDCurDhroDoao (whether monetary ornoO-olODEd@n/. general or specific, including any and all leasehold iDtePests). liens, clouds ur defects intitle except those exceptions shown iD Paragraph 15 below. Seller hereby warrants that the title tn said real property tUheconveyed by Seller t0City shall be free and clear aS provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge Of any condition, restriction, reservation, 8Xc9ptiVD, oasernerd, assessment, profit. limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, Cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title her8inubov8 agreed to be conveyed by Seller t0 City' nor 8fany right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3^ Title Insurance. Seller agrees to deliver to Cib/, ooO8UrPerd|y with the ooDwoy8UQ8 of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, 8 policy of title iOnU[8Une to he issued by the above rDeDfiuVeU title company, with the City therein named as the innUred, in the amVuntofSix Hundred Forty-one Thousand, Seven Hundred Thirty and no/10U Dollars /$641,730.VO\insuring the title of the City tn said real property iS free and clear Ofany and all unnditioky, r8St/iCti0nn, r000n/ationn, exceptions, ooaomnnto, aoawu8D\ento, pnufitu, liU8itoti08S, encumbrances (whether nA0Ued3rV or AV8-U1oDet8[y' general or specific, and including any 41;1111 and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within forty -five (45) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. 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, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), and severance damages, the total sum of Seven Hundred Forty Thousand and no /100 Dollars ($740,000.00) as shown in Exhibit "C ". City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within twenty (20) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -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. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Buyer warrants and represents that the appraisal conducted by Buyer and dated December 5, 2015 constitutes a good faith appraisal of said real property and that the value in same constitutes fair market value (not including any goodwill) for Said Real Property.Seller acknowledges and agrees that said purchase price constitutes just compensation at fair market value for said real property, within the meaning of the just compensation clause of Article 1, Section 19 of the California Constitution, and includes the value of fixtures & equipment (improvements pertaining to the realty), and severance damages but does not include any goodwill or lost profits . Seller and Buyer both acknowledge that the purchase price referenced in Paragraph 6 does not include any amount for any loss of business goodwill or lost profits, and that any claims for loss of business goodwill or lost profits resulting from the relocation are explicitly retained by Seller. Further, the purchase price referenced in Paragraph 6 does not include any amount for relocation or relocation costs, as such rights and obligations are subject to a separate and independent agreement. 01K 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claims regarding just, compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. 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 by Buyer. This release shall not apply to any claims for loss of business goodwill as a result of relocation, as such claims are retained by Seller pursuant to Paragraph 12 above, or any claims arising after the date of execution of this Agreement. Further, this release shall not affect any rights or obligations pertaining to relocation or relocation costs, as such rights and obligations are subject to a separate and independent agreement, as explained in Paragraph 12 above. This release shall survive the Close of Escrow. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is P.O. Box 28553, Santa Ana, CA 92799. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 0- of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account AcU/iii)d��D���S8/'hoz@njouunnet��8�'/'�G�8r�0unwubu�anoB/'Vr''hGz8rdouy Act), (iii) . . waste" under Section 255O1Of the California Health and Safety Code, Division 20. Chapter 8,05 (Hazardous Materials Release Response Plans and Inventory), (iv) defined aG8 "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20. Chapter 6.7 (Underground Storage Of Hazardous SUbst8Dc8S)/(V) petroleum, (vi) asbestos, /Vii\ polychlorinated hiphe8y|S//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 8s8"hazardous eUhS<@Ores« pUc6U8nt to Section 311 Of the Clean Water /\(t. (33 U.S.C. S1317), hA defined as 8 "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42U.S.C. S8901 8<sel. /42U.S.C.S6O03\8[h(i\ defined 8S6 "hazardous substances" pursuant tu Section 101 of the C0Dlp���8DGiVe EUVirO8nAeDtGl R98pDDoo. Cunlp8no8tiOD, as amended by Liability Act, 47. [}.&C. S9601 8t sea. /42U,S.C.S9601\, 18. Compliance With Environmental Laws. To the best Of Sellers 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 CODfro|' Solid Waste Disposal, Resource Conservation Recovery and Comprehensive FnVir0D08Rial Response Cnmp8OSnti0R 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 ofHealth Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity, Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive daDlage. O| expense (inu|udiOg.without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the pF88eDoe. rele8Se. USe/ g8DVrRtiOO, discharge' storage, or disposal of any Hazardous Material on' UOde[, in or abuUt, or the transportation of any such materials t0 Or from, the Property, or (ii) the violation, Or alleged violation, Vf any statute, ordinance, order, rule, regulation, permit, judgment, ur license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, peA8|ty, punitive damage, 000t. Or expense arising from ur out nf any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property domage. compensation for lost wages, bUGiD8sG income, profits or other economic |888/ damage to the natural resource or the environment, nuisance, pollution, COOt8DliD8Unn. leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior t0orupto the date this escrow shall close. Seller shall not h8 responsible for acts 0| omissions to act post close 8f this escrow. 30, Contingency. Itio understood and agreed between the parties hereto that the completion 8fthis tr8nS8Cti0U, and the escrow created he[ebV, i6 contingent upon the specific acceptance and approval of the City herein. The execution Ofthese documents and the delivery O[ same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity, Any provision rfthis PS/\ that iu unenforceable o| invalid nr 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 PS/\ shall remain in full force, 23. 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. RP 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the 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. 26. 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. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. 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. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and each party agrees to indemnify each other fully, including reasonable costs and attorney's fees, for any injuries or damages to the other party in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. 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: Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005 Date: 2016 Boli pNunez or su ssor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005 City /Buyer City of Santa Ana David Cavazos City Manager Date: 2016 Attest: LIA ely,-4 v> Maria . Huizar City Clerk Approved as to Form: Sandoval ief Assistant City Attorney Date: 21, 2016 Date: JG AJF— 2 'W, 2016 C M I JDFOAAPPR A. Fr u tip ur Execu ite !rector ((( 111 Public orks Akencv EXHIBIT "A" LEGAL DESRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT(S) 200 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 39 PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015- 194 -17 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration 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. EXHIBIT "C" Fair Market Value of the Subject Property Land and structures $641,730.00 (as per attached appraisal summary statement) ' Fixtures and Equipment pertaining to realty (as per attached inventory) $ 98,270.00 2. Total just compensation $740,000.00 '- The City has not made a determination as to the ownership of the Fixtures and Equipment (F &E). Landlord and tenant will need to come to an agreement as to the ownership of these items, before compensation can be withdrawn from Escrow. Please see the attached Full Acquisition Offset Statement as to how the F &E compensation is to be distributed. In the event that Landlord and Tenant are not able to agree as to the division of F &E compensation, Escrow is instructed to withhold these funds from payment to Landlord ( "Seller ") until said agreement has been deposited with escrow, or otherwise hold said funds on deposit. 2. The total just compensation offered assumes that the property is free of any environmental contaminates or other conditions which may impact fair market value. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Grant Deed dated June 21, 2016, from Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005, to the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS -2352 and Section No. 33 -55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. For the City of Santa Ana: City Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who sig7the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ` County of () On��,�6 \S �� '�I)I, before me, os Ii, "� ✓L� i ^ {'• (' Date Here Insert Name and Title of the Officer personally appeared �CG 1 Ck Cytiw`GiZ( 5 Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(e)' is/are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/her/thteiwauthorized capacity(iesj, and that by his /her/their signatures} on the instrument the person(sj, or the entity upon behalf of which the person(sracted, executed the instrument. ROSA A.FLORES commission # 2057129 i "�' Notary public - California n z' "� -" Orange County M Comm. Expires Feb 7. 2018 f Place Notary Sea( Above 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 ( �y Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ ICWXXIC11 CZ;`e4e?�*= c¢,.e�, TZ'c�:` •e?;'F.rJk'T =c.? .�E.w�c..Fez:`�U 4`�f;' .' ;sec+e ms _-f csc;�e7wc6?�c:? :¢ c>e�oe 02014 National Notary Association • www.Nationa[Notary.org - 1- 800 -US NOTARY (1- 800- 876 -6827) Item #5907 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. ABOVE THIS LINE FOR RECORDER'S USE CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A. P. R/W MAP PROJECT TAXES FORM BY ATTY, DJRECTOR WRITTENEY CFTECKED -O.K, MIMBER 015 -194 -17 M ER NNIEER X 2101 S. Bristol Street, Santa Ana, CA 92704 I('S DEED WMEER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005 Does 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, Orange County, State of California, located at 2101 S. Bristol Street, Santa Ana, CA 92704, described as follows: SEE EXHIBITS "A" AND "Al" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : By:� B var Nunez, or uccessor trustee(s), as-trustee-of-tht 'Bolivar Nunez Living Trust Dated October 7. 2005 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that doctmient. State of California County of _l� rG t, ) On LPi��� ��(v before me, �(�{�i�,l 1Y1e �,Q��1 I n �iCtyG PAIIL� (Insert name and title of the officer) personally appeared IRO k o y - Narne of Signer (1) Name of Signer (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Warp subscribed to the within instrument and acknowledged to me that he/she /th?ey executed the same in his /hsr /their authorized capacity(ies), and that by his/her /t1+e4r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "_ KATHERINE CABANILLA 1.. COMM. #2097665 qj NoWry PubYc - CalHomle LOS ANGELES COUNTY A Cann. Fob. 17, 2019 (Seal) Signature of Notary Public EXHIBIT "A" LEGAL DESRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT(S) 200 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 39 PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015 - 194 -17 EXHIBIT "A1" First American Title EXHIBIT'Al' =1 0 AYI31tl 1 w O 6 M1 O Q ^ y O O O e t NI Oa Q' O S Q Q a O Q Q O a O Oa 0 . 3Ca� •ac`f°;3g, Y Yglxa.,3 $24^3 3 u "ai' £b-oro l'oY mV0/ - Order Number: O -SA- 4443316 Page Number: tl3MYVM — Rydd M did 3�`4 • W ge� E) <, O � 2 O � Q O Q yp 0 S Q First American Title I FirstAmerican Title Page J of 13 S .P CERTIFICATE OF ACCEPTANCE pP` (' ICL4c� This is to certify that the interest in the real property conveyed by the G�arZt Deed dated June 21, 2016, from Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust dated October 7, 2006, 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. Dated For the City of Santa Ana: ZALIFORNIA ALL-PURPOSE . yFfi § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signe7the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 0 On before me, f ,�r� Ii, �b ✓1S, PaO�i r j t�,(�LaG Date Here Insert Name and Title of the Officer personally appeared ��� Ur1 G� (Vrt2CiS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(By is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /herftheir authorized capacity(ies)', and that by his /her/their signature(s)-on the instrument the person,(SI, or the entity upon behalf of which the person(sracted, executed the instrument. ROSA A.FLORES ' Commission # 2057129 Notary Public - California x z ' Orange County n My Comm. Expires Feb 7, 2018 Place Notary Seal Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org > 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 When recorded, please mail this instrument and tax statements to: Cleric 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. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A. P. R/W MAP PROJECT TAXES FORM BY ATTY. DIRECTOR WRITTENBY Cn-CKED -O. K. NDN ®ER 015- 194 -17 NUVBER NU Erk X 2101 S. Bristol Street, Santa Ana, CA 92704 C O `� DEED NUMBER QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bolivar Nunez, or successor trustee(s), as trustee of the Bolivar Nunez Living Trust Dated October 7, 2005 Does hereby REMISE, RELEASE AND FOREVER 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 right title and interest in improvements pertaining to the realty listed on Exhibit "A2" hereto, said improvements being located on the real property situated in the City of Santa Ana, Orange County, State of California, described in the Exhibit "A" hereto. This is a quitclaim of the listed improvements pertaining to realty only. SEE EXHIBIT "A ", REAL PROPERTY LEGAL DESCRIPTION and EXHIBIT "A2 ", IMPROVEMENTS PERTAINING TO THE REALTY, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : (-,-z !-1 Bolivar Nune or successor trustee(s), as rus ee of the Bolivar Nunez Living Trust Dated October 7, 2005 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Courny of On Qnl�'-t 1L,1 beforeme, ('Insert name and title of the officer) personally appeared & I I V G (C' �A u n 7 Name of Signer (1) Name of Signer (2) 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 aclmowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public a v ,m y KATH ER INE . C AEAILL / COMM. 02097665 Nomry Pubk - CalNmla LOGELES COUNTY A Comm. E . Feb. 17, 2019 (Seal) r��rwvv REAL PROPERTY LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT(S) 200 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 39 PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015- 194 -17 EXI- IIBIT'A2' IMPROVEMENTS PERTAINING TO THE REALTY CITY OF SANTA ANA PROFESSIONAL MORTGAGE 2101 S. BRISTOL CIO SOURI AMIRANI 2 FAIR MARKET VALUE IN•PLACE CIVIL SOURCE ENGINEERING 1 LOT CIO SIGNAGE G G 2379 6,815 $ DATE OF VALUE; OCTOBER 7 2015 L Q C Q (18) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 8 "H i T DESCRIPTION; 0 U _ FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A 0 PLACE OLV E D L (1) SIGN, ROOF TOP, 2'X8', ILLUM SIGN BOX, DBL SIDE 1 EXTERIOR 2 3 1 LOT CIO SIGNAGE G G 2379 6,815 $ 4 (2) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 10 "H 5 (18) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 8 "H 6 (52) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 6 "H 7 (19) INDIVIDUAL LETTERS, PLASTIC, FOAM BACK, 4 'H 8 (1) BANNER SIGN, 2'X4', VINYL 9 (1) SIGN, ROOF TOP, 2'X8', ILLUM SIGN BOX, DBL SIDE PLASTIC 10 (1) SAME, 1'X4', 11 (4) ADDRESS LETTERS, MTL, 4" 12 (1) GRAPHIC ACCENT, (132)IN, PLASTIC FOAM BACK 13 14 15 1 LOT C/O EXTERIOR HARDSCAPE AND FENCING G G 30,030 16 (1) WALL/FENCE, 2'H CONCRETE BLOCK, ROUGH CAST 2381 TEXTURE, DBL SIDED SULLNOSE BRICK CAP, CONCRETE BLOCK COLUMN, 1- 1/2'X1 - 1/2'X42 "H, FORMED CONCRETE COLUMN CAP, COLUMNS 10' O.C., 10' SECTIONS OF DECORATIVE WROUGHT IRON FENCE, RADIUS TOP RAIL, 2'H, 147LF, (1) 8' MATCHING GATE, MANUAL 17 (1) GATE, MATCHING, ROLLING, WROUGHT IRON, 24' W1 ALL -O- NUMATIC E -MTR 18 (1) GATE, MANUAL, 8.5'X4'H, WROUGHT IRON 19 (2) SIDE GATES, 50" WROUGHT IRON, 6.5'H, RADIUS 2382 TOP RAIL, DECORATIVE 20 (2) ENTRY DOOR SECURITY /SCREEN DOORS, 36 "X84 ", 2383 DBL LOCK WELDED STL FRAME, PERF SHT MTL SCREEN 21 (153)LF PLANTER BOX, CONCRETE BLOCK, ROUGH TEXTURE, 1.TH, WISULLNOSE BRICK CAP 22 (195)SF CONCRETE PATIO, BULLNOSE BRICK TRIM, 2386 RAISED 6" 23 24 1 LOT C/O EXTERIOR LANDSCAPING G G 2384 37,520 25 (1100)SF LAWN, BERMUDA 26 (2) QUEEN PALMS 27 (18) KING PALMS 28 (5) PIGMY DATE PALMS 29 (8) MISC PLANTS SUCH AS BIRDS OF PARADISE, INCLUDING IRRIGATION 30 31 1 EXTERIOR LIGHTING C/O A A 2379 905 32 (4) DBL FIXTURE, FLOOD, MOTION SENSOR 33 (2) DBL BULB, FLOOD 34 (6) DBL FIXTURE, OFF -WALL WASH LIGHTS Hjelmstrom Associates Page Al CITY OF SANTA ANA PROFESSIONAL MORTGAGE 210'1 S. BRISTOL CIO SOUR] AMIRANI (1) CEILING FAN, 36 ", HAMPTON BAY FAIR MARKET VALUE IN -PLACE CIVIL SOURCE ENGINEERING _ (10) PHONE SETS, NT8B26AABL OR EQUIVALENT, (1) DATE OF VALUE: OCTOBER 7 2015r L Q C Q I T DESCRIPTION: O U v FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A 0 PLACE OLV E D L 1 LOT CIO OF CROWN MOLDING INTERIOR G 35 CONSTRUCTION THROUGHOUT (370)LF PAINTED 6" CROWN MOLDING 36 6 PARKING TIRE BUMPERS 4', CONCRETE A A 130 0 37 36 INTERIOR 39 40 1 LOT C/O UPGRADES, BREAKROOM G A 2391 3,625 0 41 (25)SF TILE, CERAMIC, 12 ", BATHROOM 2392 42 (7.5)LF COUNTER 4" SQ CERAMIC TILE W /BASE 43 44 45 46 47 48 49 50 51 52 63 54 55 56 57 58 59 60 61 02 63 64 66 66 67 68 69 70 71 72 CABINETS, WOOD /FORMICA, (1) SINK, SS, 12 "X12" W /SGF (1) CEILING FAN, 36 ", HAMPTON BAY 1 PHONE SYSTEM, NORTEL NORSTAR, MUSIC /HOLD, A F 2393 (10) PHONE SETS, NT8B26AABL OR EQUIVALENT, (1) RECEPTION 1 IT EQUIPMENT INSTALLATION FOR MOVEABLE ITEMS IN G G LINE 2 AND (5) PRINTERS /COPIERS (300)LF EST OF CAT 6 WIRE, OUTLETS, PATCH PANEL 1 SURVEILLANCE SYSTEM C/O A A 2395 (1) CPU, HP COMPAQ 2398 (2) 15" FLAT SCREEN MONITORS (5) EXTERIOR CAMERAS, HI-DEF COLOR, INCLUDES HOUSING AND MOUNTING BRACKETS (2) INTERIOR CAMERAS, HI-DEF COLOR 1 LOT CIO OF CROWN MOLDING INTERIOR G A 2491 CONSTRUCTION THROUGHOUT (370)LF PAINTED 6" CROWN MOLDING 1 LOT C/O GENERAL CONSTRUCTION IMPROVMENTS (1) RECEPTION THROUGH WALL OPENING, 5'X3', 12" RECEPTION COUNTER, WOOD, PAINTED FINISH TRIM (1) WINDOW, INTERIOR, 1 -WAY MIRROR, 4.5'X4.5, WOOD FINISH TRIM (1) WINDOW, INTERIOR, 1'X3', VINYL, DBL PANE, WOOD FINISH TRIM (3) WINDOW, INTERIOR, 4.5'X45, SINGLE PANE, WOOD FINISH TRIM (1) 2.5LF CERAMIC TILE COUNTER 5 ", W/ WOOD BASE CABINETS, WOOD (1) SINK, SS, 10 "X10`, SGF (CONE RM) (1) TILE, BATHROOM, CERAMIC, 12" SQ 1 ALARM SYSTEM, ADT, 16 KEY CONTROL PAD, 2 DOOR SENSORS, 1 MOTION SENSOR TOTAL IMPROVEMENTS PERTAINING T -0 THE REALTY Hjelmstrom Associates G A 2402 3,530 100 1,890 0 3,150 60 3,220 0 6,885 0 G G 2404 G G 2405 G A 570 0 $ 98,270 $ 160 Page A2