HomeMy WebLinkAbout75A - PH - PROPERTY EXCHANGEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 15, 2017
TITLE:
PUBLIC HEARING: APPROVE AN
AGREEMENT WITH MA MAY THET NAING
FOR THE EXCHANGE OF REAL PROPERTY
(1113-1125 SOUTH STANDARD AND 1416
SOUTH BRISTOL) IN SANTA ANA
(STRATEGIC PLAN NO. 5, 4A)
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an Exchange of Real Property
Agreement with Ma May Thet Naing for property at 1113-1125 South Standard Street to develop
a park site, in exchange for City of Santa Ana property at 1416 South Bristol Street in Santa
Ana.
YOUTH. EDUCATION AND COMMUNITY SERVICES COMMITTEE
On July 24, 2017, the Youth, Education and Community Services Committee, was provided an
update of the proposed land exchange between Ma May Thet Naing and the City of Santa Ana,
for properties at 1113-1125 South Standard and 1416 South Bristol. Both parties have agreed to
the terms and results of the equal exchange. No action was taken by the committee.
DISCUSSION
On August 20, 2016, City Council approved an Exclusive Negotiation Agreement (ENA) with Ma
May Thet Naing for exchange of real property located at 1113-1125 South Standard Street for
City property at 1416 South Bristol Street. The purpose of the exchange is to develop a park in
the Standard/McFadden community. The ENA is for 180 calendar days with options for two 90
day extensions to complete the negotiations. The ENA required both properties to be appraised
to confirm an equal value exchange and both parties to share equally any cost required to
complete the exchange.
The acres and appraisal cost difference are as follows:
PROPERTY ACRES APPRASIALAMOUNT
• 1416 S. Bristol 33,972 sq. ft. $1,414,000
1113-1125 S. Standard 32,690 sq. ft. $1,405,000
( 1,285 sq. ft.) $ 9,000) difference
75A-1
Agreement Exchange of Real Property (Standard & Bristol)
August 15, 2017
Page 2
The Exchange of Real Property Agreement will require Ma May Thet Naing to pay the difference
in the appraisal amount and to share any cost associated with the exchange of property.
Commonwealth Land Title was retained as the Escrow Company to complete all requirements
and exchange of deed, once the Exchange of Real Property agreement is approved. Since the
Bristol Street property was acquired with Community Development Block Grant (CDBG) funding,
HUD was notified to provide any documents required for the possible land exchange. A
Geotechnical investigation and a Phase I/Limited Phase II were performed on the South
Standard property to ensure property is free of any contamination. Additionally, the $9,000 to
be paid to the City will be deposited in the CDBG Program Income account to be used for future
CDBG eligible activities.
Ma May Thet Naing will be developing the Bristol Property under the existing zoning for
commercial use. The City will be scheduling future community outreach meetings to obtain input
for the future park design on the Standard property. Improvements could include the continued
use of a synthetic soccer field, community garden, skate park or other recreational activities/uses.
This would be an ideal location for a future state park on the east side, since one exists on the
west side at Centennial Park. A joint use multi-purpose soccer field and track is currently under
construction at the Roosevelt/Walker Community Park and can serve the soccer community on
the east side of the city. Because of the close proximity to highly traveled streets and public
safety, the park site will be enclosed with a fence with public openings at key locations.
Regulations for soccer field use or skate park will be similar to other city facilities.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement
& Sustainability — Object #4 (Support neighborhood viability and livability), Strategy A4 (Support
the design and construction of parks to provide increased open space and opportunities for
recreation throughout the city, construct the Roosevelt Walker Park and Community Center and
develop concepts and proposals for the Library Park in Civic Center and Centennial Santa Ana
River Eco -Park.
FISCAL IMPACT
Funds will be deposited into the following account for the specified year:
Accounting Unit FY 17/18
DBG-Program Income (no. 13518002-57071) $9,000
75A-2
Agreement Exchange of Real Property (Standard & Bristol)
August 15, 2017
Page 3
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services
Agency
Robert Cortez
Acting Executive Director
Community Development Agency
EXHIBIT: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNT
Francisco Gutierrez ® Q
Executive Director
Finance and Management Services Agency
75A-3
75A-4
AGREEMENT FOR EXCHANGE OF REAL PROPERTY, MONETARY
CONSIDERATIONS, AND ESCROW INSTRUCTIONS
This Agreement for Exchange of Real Property, Monetary Considerations, and Escrow
Instructions ("Agreement") is entered as of the day of 1 201:7, by and
between the CITY OF SANTA ANA, a California charter city and municipal corporation duly
organized under the Constitution and laws of the State of California ("City"), and MA MAY
THET NAING, an individual ("Naing"). The City and Naing are hereinafter sometimes referred
to collectively as the "Parties.
RECITALS
A, City owns certain, real.property commonly known as Orange County. Assessor Parcel No.
(APN) 109-266-17, located at 1416 South Bristol Street, in the City of Santa Ana, County
of Orange, State of California, as more particularly described and depicted in the Legal
Description attached hereto as Exhibit "A" and incorporated herein by reference ("Bristol
Proporty").
B. A copy of the Grant Deed for the Bristol Property; filed with the County of Orange as
Document No. 93.0277611, is attached hereto as Exhibit "B" and incorporated herein by
reference.
C. The Bristol Property was acquired by the City on April ,27, 1'493, as part of the St,
Andrew Place to McFadden Avenue Phase of the Bristol Street improvement Project.
This remnant parcel has_been vacant since the City's acquisition and is not needed for
public use or improvements.
D. Naing owns certain real property commonly known as Orange County Assessor Parcel
Nos. (APN) 011-251-17, -18, -19, -20, -38, and -39, located at 1.113 to 1125 South
Standard Street, in the City of Santa Ana, County of Orange, State of California, as more
particularly described and depicted in the Legal Description attached hereto as Exhibit
"C" and incorporated herein by reference ("Standard Property").
E. A copy of the Grant Deed for the Standard Property, filed with the County of Orange as
Document No. 15-0625408-02, is attached hereto as Exhibit "D" and incorporated herein
by reference.
F. The Parties desire by this Agreement to provide the terms and conditions for the
exchange of fee interests in the Bristol Property and the Standard Property.
AGREEMENT
THEREFORE:, for and in consideration of their mutual promises; covenants and
agreements, and subject totheterms, conditions and provisions of this Agreement, the Parties
agree as follows:
75A-5
1. Exchange of Real Property
I.I. Conveyance by City: City agrees to convey the Bristol Property to Naing by Grant
Deed, and Naing agrees to accept the same from the City,
1.2. Conveyance by Naing. Naing agrees to convey the Standard Property to City by
Chant Deed, and City agrees to accept the same from Naing.
1.3. Title Conveyance. The Parties agree that, except as may hereinafter be otherwise
expressly provided, the real properties subject to this Agreement shall be
conveyed by the Parties, as aforesaid, free and clear of any and:all conditions,
restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non -monetary, general or speclfic, including
any acid all leasehold interests); liens, clouds or defects in title: The Parties hereby
warrant that the title to said. real properties to be conveyed by the Parties shall be
*cc and clear as provided above. The Parties further agree that acceptance of any
deed to said real property, with or without knowledge of any condition, restriction,
reservation, exception, easement, assessment, profit, limitation, encumbrance
(whether monetary or non -monetary, general or specific, and including any and all
leaschold interests), _lien, cloud or defect in title, shall not constitute a waiver by
either Party of its right to the full and clear title hereinabove .agreed to be
conveyed by the Parties, nor of any right which might accrue because of the
failure of the Parties to.convey title as hereinabove provided.
2. Monetary Consideration
2.1 Monetary Consideration. The Bristol Property encompasses 33,972 square- feet of
land, which was appraised for One -.Million, Four -Hundred .and Fourteen
Thousand Dollars ($,1,414,000). The Standard Property encompasses 32,690
square feet of land, which was appraised for One -Million, Four -Hundred and Five
Thousand Dollar's ($1,405,000). Accordingly, in order to compensate for the
difference in. appraisal value between the subject Properties and even the value of
the transaction, Naing shall pay the City Nine -Thousand Dollars. ($9,000) in
additional compensation ("Appraisal Difference").
3. Escrow
3.1 escrow Agent. Within five (5) days from and after the execution of this
Agreement by all Parties, .City agrees to open an escrow at the office .of
Commonwealth Land Title Company, 4100 Newport Place Dr., Suite 120,
Newport Beach, CA 92660 ("Escrow Agent"), This Agreement constitutes the
joint escrow instructions of the Parties and a duplicate original of this Agreement
shall be delivered to the Escrow Agent "upon the apening.of the; escrow ("Effective.
Date"),
75A-6
3.2 Escrow_ Agent Authorization, The Escrow Agent hereby is empowered to act
under this Agreement and the General Escrow Provisions attached hereto as
Exhibit E and incorporated herein by reference, and upon indicating its :acceptance
of this Agreement and the General Escrow Provisions, in writing; delivered to the
Parties within'five (S) days after delivery of this Agreement,.shall carry out its
duties as Escrow Agent hereunder.
3.3 Escrow Agent. Liability. The liability to the Escrow Agent under this Agreement
is limited to performance of the obligations imposed upon it under this
Agreement.
3.4 ClosCost s. Parties agree to split, and Escrow Agent is hereby authorized to
charge to the Parties equally, the cost of any transfer taxes, recording fees, cost of
title insurance, reconveyance fees, document preparation foes, escrow fees .and
any other closing costs incidental to the conveying of said real properties
("Closing Costs"). 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 12.65.240.
3.5 Title Insurance. The Parties agree to deliver, concurrently with the conveyance of
said real properties, within the time and at the place bereinabove specified for said.
conveyance of said real property, a policy of title insurance to be issued by the
above mentioned title:company, with the receiving Party therein named as the
insured, in an amount equal to the appraised value of the subject property,
insuring the title to said real property is free and clear of any and all conditions,
restrictions, reservations,exceptions, casements, assessments, profits; limitations,
encumbrances (whether monetary or non -monetary, general or specific, and
including any ,and all leasehold interests), liens; clouds or defects- in title,
excepting such specific ones as the receiving Party may hereinafter expressly
agree to take subject to, Acceptance by the receiving Party of any such policy of
insurance, whether such insurance complies with. the requirements of this
paragraph or not, shall not constitute a waiver by the receiving Party of its right to
such insurance as is herein required of the granting Party, nor a waiver by the
receiving Party. of any rights of action for damages or any other, rights which may
accrue to the receiving Party by reason.of the failure of the giving Party to convey
title or to provide title insurance as required in this Agreement,
3.6 Property Taxes,
(a) Such real property taxes, if any, on the subject real properties for the fiscal
year within which said real property is conveyed to the receiving Party 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,
3
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__ . - _------ _...........
(b) The granting Party shall be eligible for a refund tinder 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 the receiving
Party is recorded which is allocable to that portion of the fiscal.yoar which
begins on the date the deed conveying said real property to the receiving
Party is recorded and.made uncollectibleif unpaid by reason of Section
5086 of the Revenue and Taxation Code of the State of California, To the
extent that the granting Party has prepaid any taxes or assessments
attributable to the subject real property,, the granting Party shall be solely
responsible for obtaining any refund due thereon from the taxing
authority. Upon written request, the receiving Party shall assist the
granting Party, at the granting Party's sole cost, in obtaining said refund, if
any, however; in no case shall the receiving Party credit or otherwise pay
the, granting Party for that refund, if any, through or outside of Escrow.
(c) All unpaid taxes on either property for any and all years prior.to the fiscal
year within which said conveyance is made'shall be paid by"the granting
Party before conveyance of said real property to the receiving Party.
3.7 Deposit of Funds and Documents.
(a) Prior to Close of Escrow, the Parties shall deposit into Escrow (i) all
escrow and Closing Costs as described above; (ii) the Appraisal
Difference; and (iii) such other documentation as is, necessary to close
Escrow; provided, however, that Naing shall not be required to deposit the
Appraisal Difference until Naing has .been notified by Escrow Molder that
(i) .City has delivered to Escrow Holder each of the documents and
instruments to be delivered by City in connection with.the transfer of the
Property, (ii) Title Company is irrevocably and unconditionally committed
to issue and deliver the Title Policy, and (iii) the onfyimpediment.to Close
of Escrow is delivery of snch amount by or on behalf of Naing.
(b) Prior .to the Close of Escrow, each Party shall deposit into Escrow (i) the
properly executed grant deed for conveyance of each Property; (ii) a duly
executed bill of sale,. assignment and assumption agreement with respect
to the tangible and intangible personal property included in each Property;
and (sir) such other documents and sums, if any, as are necessary to close
Escrow in conformance herewith.
3.8 Conditions Precedent to Close of Escrow. The obligation of the Parties to
exchange the Properties as contemplated by this Agreement and, the Close of
Escrow is subject to satisfaction of each of the following conditions:
....... _
758 A-
(a) All representations and warranties of each Party set forth in this
Agreement shall be true and correct as of the date of the Close of Escrow;
(b) Each Party 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 deeds at the Close of Escrow and to issue the Title Policy
to the receiving Party, , effective as of the date and time the deed is
recorded; and,
(d) No material adverse physical change to either 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.
3.9 Close of Escrow. The Escrow Agent is hereby authorized to close .escrow upon
and after ("Close of -Escrow"):
(a) Conveyance, of the Bristol Property by the City and the Standard Property
by Naing as hereinabove provided;
(b) Acceptance by Naing of a Grant Deed conveying the Bristol. Property, and
acceptance by the City of a Grant Deed conveying the. Standard Property;
(c) Delivery to each Party of the policies of title insurance, as herehzabove
provided;
(d) Recordation of the Grant Deed conveying the Bristol Property and the
Grant Deed conveying the Standard Property.
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 either Property
that cannot be resolved in Escrow, then either Party.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 requestis made,
Escrow shall be closed as soon as possible thereafter,
4. Representations and Warranties
4.1 Rep'resentat ons and Warramles of Ci . City makes the following representations
and warranties with respect to the Bristol Property, each of which shall survive
Close ofEsrrow:
75A-9
(a) The execution and delivery of this Agreement, ,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 the City is at present a party or by which
the City is bound;
(b) To City's actual knowledge, no litigation. and no governmental,
administrative or regulatory act or proceeding. .regarding the
environmental, health and safety aspects of the Bristol Property is,pending,
proposed or threatened;
(c) City will not enter into any agreements or undertake any new obligations
prior to Close of Escrow that will in any way burden, encumber or
otherwise affect the Bristol Properly without the prior written consent of
Naing;
(d) City 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 or under the
Bristol,.Property. City warrants and represents to Naing that City is not
aware that any such Hazardous Substances have been generated, stored or
disposed of upon or under the Bristol Property; and,
(e) To the best of City's knowledge the Bristol Property complies with all
applicable laws and governmentalregulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and
water quality, hazardous waste, waste disposal, and other. environmental
matters, including, but not limited to, the Clean Water,. Clean Air, Federal
Water Pollution Control, Solid Waste Disposal, Resource. Conservation
Recovery and Comprehensive Environmental Response Compensation and
Liability'Acts, and the California Environment 'Quality Act, and the rules,
regulations, and ordinances of the City, the California Department of
Health Services, the Regional Water Quality Control Board, the State
Water Resources Control Board, the Environmental Protection Agency,
and all applicable federal, state, and local agencies. and bureaus.
(fj City, as a government agency, has not been subject to real 'property tax
assessment on the Bristol Property: Transfer of titleto Naing at the Close
of Escrow will subject the Bristol Property to an assessment from the
Orange County Office. of the Assessor and shall be the obligation of Naing
henceforth,
75A-10
4,2 Reresentations and Warrandcs of Naing. Naing makes the following
representations and warranties with respect to the Standard Property, each of
which shall survive Close of Bscrow;
(a) The execution and delivery of this Agreement, performance hereunder,
and the consummation of the transaction contemplated hereby will not
constitute a violation of any order or decree orresultin the breach of any
contract or agreement to which Naing is at present a party or by which
Naing is bound;
(b) To Naing's actual knowledge,
administrative or regulatory
environmental; health and safety
pending, proposed or threatened;
no litigation and no governmental,
act or prooeeding regarding the
aspects of the Standard Property is
(c) Naing will not enter into any agreements or und.ertakenny new obligations
prior to Close of Escrow that will in any way burden, encumber or
otherwise affect the Standard Property without the prior written consent of
the City;
(d) Naing 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 or under the
Standard Property, Naing warrants and represents to the City that Naing is
not aware that any such Hazardous Substances haveheen generated, stored
or disposed of upon or under the Standard Property;
(e) To the best ofNaing's Imowledge the Standard Property complies with all
applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaihing to air and
water quality, hazardous waste,. waste disposal, and other environmental
matters, including, but not limited to, the Clean Water,Clean Air, Federal
Water Pollution Control, Solid Waste Disposal, Resource Conservation
Recovery and Comprehensive Environmental Response Compensation and
Liability Acts, and the. California Environment Quality Act, and the rules,
regulations, and ordinances of the City, the California Department of
Health Services, the Regional Water Quality Control Board, the State
Water Resources Control Board, the Environmental Protection Agency,
and all applicable federal, state, and local agencies andbureaus; and,
(t) Naing acknowledges that any future development and use of the Bristol
Property must be permitted and comply with all current state and local
planning, building, and zoning code regulations.
75A-11
S. Right of Possession
5.1 Right of Possession. Parties agreed to deliver to each other quiet and peacefal
physical and legal possession of the respective Properties, free of all personal
property, effective as of Close of Escrow.
6. As Is Condition
6.1 As Is Condition. Parties shall rely solely and exclusively upon the results of its
own Due Diligence Investigations of the subject Properties with regard to any
physical condition or state of the Properties. By completing the exchange of the
Properties, Patties evidence their unconditional acceptance of the condition of
each respective Property. Parties acknowledge and agree that each is acquiring its
respective Property on an "AS -IS," "4 FERE-IS" Basis: Parties are not offering
to acquire .the respective Property based on any.representation by the other Party,
or a third party, exeept.those expressly set forth in'this Agreement. Parties hereby
acknowledge that the exchange of the Properties is without warranties of any kind
from the other Party,. expressed or implied, except as expressly set forth in this
Agreement, as to the condition of the subject Property or its improvements, if any,
including, without implied`limitation, soils, access to the subject Property or to
utilities, appliances, structure utility systems, roof; foundation, landscaping or any
other component of the subject Property, Parties do not warrant that either
Property conforms with any ordinances, including, without implied limitation,
zoning or building ordinances.
i. Acknowledgement of hull !Benefits
7.1 Pu11 Benefits. By execution of this Agreement, the Patties hereby acknowledge
that this Agreement provides full payment for the acquisition of the subject
Properties, and each Party 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 typeor nature whatsoever relating
to or in connection with the acquisition of the subject Properties,
S. Remedies
8.1 Remedies. If either Party defaults under this Agreement, and.such default is not
cured within thirty (30) days following the date of written notice of default, then
the other Party may either: (i) terminate this Agreement by written notice,
whereupon 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.
._.............. . .._.... _..... ......
75A-12
9. Miscellaneous
9.1 Notice. All notices or other communication provided for under this Agreement
shall be in writing, and shall be delivered personally,, sent by reputable overnight
mail equivalent carrier, ax. sent by registered or certified mail, return receipt
requested, postage prepaid, addressed to the person to receive such notice or
communication at the following address and shall be effective upon the: earlier of
actual receipt (including by facsimile) or refusal to accept delivery:
If to the City: The City of Santa Ana
Gerardo Mouet
Executive Director
Parks, Recreation and Community Service
20 Civic Center Plaza (M-75)
P.Q. Box 1988
Santa Ana, C.A. 92702
With a copy to: City Attorney
20 Civic Center Plaza (M-29)
P.Q. Box 1988
Santa Ana, CA 92702
If to Naing: Ma May Thet Naing
466 W. Norman Avenue
Arcadia, CA 91007
Facsimile (626) 786-9696
Notice of change of address shall be given by written notice in the manner set
forth in this subsection.
9.2 Time is of the Essence. Time is of the essence with respect to each and every
provision hereof,
9.3 Waivers. The waiver by either Party of any breach of any covenant or agreement
heroin contained on the pant of the other Party shall not be deemed or held to be a
waivor 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,
9,4 Assi zg m Wit. Neither this Agreement, nor any interest lierein; shall be assignable
by any Party without prior written consent of the other, non -assigning Party
hereto. For the City, the Executive Director of the Parks, Recreation and
Community Service Agency shall have the authority to review and approve or
deny any request for assignment.
75A=1 3 ____
9.5 Inurement. Subject to the restrictions against assignment as herein contained, this
Agreement, and all the terms, covenants, and conditions hereof,.'shall inure to the
benefit of and. shall be binding upon, the assigns, successors in interest,.personal
representatives, estates, heirs and legatees of therespective parties hereto..
9.6 Governing Law. All questions with respect to this Agreement, and rights and
iiabilities of the Parties hereto, shall be governed by the laws. of the State of
California. Venue shall be in the County of Orange,
9.7 Attorney Rees, 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.
9,8 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 aur, 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,
9.9 Additional Documents. All Parties hereto agree to execute any and. all additional
documents and instruments necessary to carry out the terms of this Agreement.
9.10 No Merger. All warranties, representations, acknowledgements, releases;
covenants and obligations contained in this Agreement shall survive delivery and
recordation of the grant deeds.
9.11 Contingency, It is understood and agreed between the Parties hereto that the
completion of this transaction, and the escrow created hereby, is contingent upon
the specific acceptance and approval of the City herein. The execution of these
documents and the delivery of same to Escrow Agent constitute said acceptance
and approval.
9.12 Modification and Amendment. This Agreement may not be modified or amended
except in writing signed by the Parties,
9.13 Partial Invalidity, Any provision of this Agreement that is unenforceable or
invalid or the conclusion of which would adversely affect. the validity, legality, or
enforcement of this Agreement shall have no effect, but all the remaining
provisions of this Agreement shall remain in full force.
9,14 Caption§. Captions and headings in this Agreement, including the title of this
Agreement, are for convenience only and are not to be considered in.construing
this Agreement.
75A-14
9A5 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
Agreement and the meaning of the provisions hereof, The provisions of this
Agreement shall be construed as to their fair meaning, and not foror against any
Party based upon any attribution to such Party as the source of the language in
question.
9.16 No Third Party Beneficiary. This Agreement is intended to benefit only the Parties
hereto and no other person or entity has or shall acquire any rights hereunder.
9.17 Duty to Cooperate Furtt er, 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 Agreement, without cost.
9.18 lneorporation of Exhibits, All Exhibits referenced herein and attached hereto shall
be incorporated as if fully set forth in the body of this Agreement.
9.19 Authority to Execute Agreement. The persons executing this Agreement and the
instruments referenced herein on behalf of City and Naing hereby represent and
warrant that such persons have the right, power and authority to bind City and
Naing, respectively. Naing shall indemnify City fully, includingreasonable costs
and attorney's fees, for any injuries or damages to City in the event .that such
authority or power is not, in fact, held by thesignatoryor is withdrawn.
9.20 Counterparts. This Agreement may be signed in counterpart or duplicate copies,
and any signed cowiterpart or duplicate copy shall be equivalent to a signed
original for all purposes.
[SIGNATURES ON NEXT PAGE]
75A-15
IN WITNESS WHEREOF, the Parties have executed this Agreement. for Exchange of Real
Property, Monetary Considerations, and Escrow Instructions on the dates indicated next to each
of the signatures of their authorized representatives, as appear below.
ATTEST:
MARIA D.1-IUTZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R, CARVALHO
Cit}
By:
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community Services
75A-16
CITY OF SANTA ANA
CYNTHIA. J. KURTZ
Interim City Manager
NAING:,
5;;
1 C
MA MAY THET NA G
EXHIBIT "A"
BRISTOL PROPERTY
LEGAL DFSRIPTION
13
75A-17
EXHIBIT A
LEGAL DESCRRT1ON
(APN 109-266-17)
In the City of Santa Ana, County. of Orange, State of California, being Tots 85 through. 88 of
Tract 1508 as shown on a.Map recorded in Book 45, Page 40 of Miscellaneous Maps, in the
Office of'
f the County Recorder of said County, said Lots also desoribed in a Deed to:the City of
Santa Ana, recorded as instrument 93-0277611 in the Office of the County Recorder of said
County.
Except those portions of said Lots lying Easterly of a line that is Westerly 75.00 feet and parallel
with the Centerline of Bristol Street as shown on Record of 5urvey 2006-1126 recorded in Book
224, Pages 23 through 26 of Records of Survey, in the Office of.the County Reoorder of said
County.
Containing 0:77 acres, more or less.
All as shown on Exhibit S, attached hereto and by this reference made a part hereof:
Subject to all Covenants, Conditions, Reservations, Restrictions, Rights of Way and Easements
of record, if any.
Prepared by me, or under my direction on November 9, 2016.
�G �'.,_�
r4I. Gonzales,.PTS 9065
le
8'
Page 1 of 1
75A-18
EXHIEIT "S"
SKETCH TO ACCOMPANY L 50AL DESCRIPTION
(APN 109-266-17)
®ORCHARD AVENUE
. ._,_-_--.-._._._._._._._-_._._._._,_._._._._,_,�
(222 Q1')
i LOT esu; i
LOT 19............� (40') o
LOT 2D LCt'1' $6 n
I �64 .... 1 7 JF
o 175'1 i m
--------------- _____ --..7
LoT aF3'1 i
i
r�sto LOT 21 ----
'�`'pF�''' i LOT 22
I �I
I 1
REFERENCES
( PER TRACT. 150$+MFA 4$/40
l PER RS 2006-11260 RSB 224/23-26
75A-19
EXHMIT "B"
RRTSTOL PROPERTY
GRANT REED
is
75A-20
itGd:OR1DCCiw'RE(ZiiESTku •$Y.
.Fra Arnerican This lo. Co.
•SPUE RFr,0 ZD 1NAFL TOt
i
w �y
{
EXHIBIT B
DOC # 93-02715'5
2"f—AM- iM Oe loo AM
Rmrdsi an Mimi Recalls
of Qrame Counb, Califamra
Lea A. 6rard) G9aaty Recorder
Pass 1 of 3Fees! 4 0.00
#NIC SPAM FDt1 RECOPME Sy$pi.MY
7lit0 CASE wPFn 7O PROVIDEADECOATE SPACE FOR RECOROINO INPORMATViV
44DDITIONAI, RECORDING FEE APPUES)
75A-21
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x
On April, 16.199'} ndrore md. Deanna F,. &ukChn
IYu�CtrtYcFi
Saha :Sinkal, as Vica Prasideal and Maru:s Cchwi ehaias
5
y
@ 4u q ea u e
of Santa Ana, lite . smlmB jq xy,�
(
1�dlieh dP1i
i0 MI 0611d outs of=5r� 4NCR wwb*dA ad/ft4t.nhv ttWrvafvV �ti,�M—+n.v.�"w�r'.nT.V4
'}N iaC
,g
r.0 y.
vxSWmamana YCNnp,NCgGKira rca�9yr/4*aa'ImACUa9llre,w,�;nMdNwr a�V�SM�e!a59'Ma),
aas ots :r i' t'!rgw+�.tnnw..{ss wi U,d na+nmM IM M16001 av Dia i tm W-14 Who of vm, to
persons)mels-- &M wtl 4w mbuumnh; . �• ^e...esre.«p
S1gEANNA F. BURTON #F
c. )
wm+ass>,rvndaam+ad,I<wadd, u) s COF3Iw.A972a2s
� rrsrtmwmslccwr9ralu �"/�w"�
@
,r�, 'fir �
'�-�
- ; N(CoamsEYeredNqia,tAaQ �
Kexempl.
d..'•..�,S EAfi':kY'u':L&.k&C&JbYk�'r�sv>
;
rv-z:.�_.,,,.:.,,.r,, �,........... Crte hNwu;,v L..^.•»Sw,!r+�a.
75A-21
�g
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11ideil,
please mail tnic
and tax sttements tVe
Council
ta Ana
r
oater Plaza, I A-30
Cailfornia 92701
ing (equcsted Uv
SAMA ANA Pta
i.CAE SkCtICra'b1Urt
l ySUTAianc rrer nut alkgrrfWnenS aSt
j7Want
a51a
1y
AFp-.QCttl(gWnif
F)Ijtww a -.01p
lilt$
11
Nngx�
1A6+:2U8w11
SW3SE -'
Aria col Se.
GRANT 'DEED
FOR VALUASR.EQDNWUERATUSN; mcetpt of which is hereby a6rimtedoed,
UW=l) EVA90SUC.4t. 1,=XNAN cmmm or BANTA ANA., INC.
-Rq88 Hereby Grant le THE CfFY t7P SANTA ANA,a Municipal Corporation
A iy
L_J
��1: iCJl j]kCpC(rY:RI::C IviCr ofs'apq;+iS1.(„g41nLY pfdrdn$Cy$Wte of caftoinia, duibcd 35'rall9)ti8:
eKe
Lni;u i5, E6, 87, and EII. oC Tract. Na, 1506, map recorder in 6oak 45, page 40 aE
Miscallanaouc Yaps.
Tuts attik.te axatsn, th0mf5NKk
tees v rdsr Qav ommern �da'.� 95 �.
do Tar D10 irerC0d01 tM
April 16, 1992
Oared
STATS CfP CAtiEORmA
I
l 54.
Y � M
UNTIED EVANGELICAL LUTt UI(WRCS
0P SANTA ANA, INC.
uql i
.IOBF#fir µ, VI LIS PRE$'DEENT�
}t �xav
aTAi2OF GtIFCFiNM
r,6UNCY OP Oean{Y ,e
an Aori1,16,i499„—notarnm . Ertenno F 4urkan , Ian Ch%Pq
ev&�'anita Nick'al as VS4a °rnaidonc an4 Marcia acbultheiaa
s e rekary a.. a 8e a JlJJ t
nt BanEaAna. ..Gc. _ r- �-��lcr�l dUON nunE
N IM Q'tl'at�.=C ��tlfY="MCtSi �3�8 Ca �FWt(x�e4ue.iu.Nw�ri%'a�d:rJPA°'�Cri. Y.�:Y yIA18G�
�neHwnmamtl aWna.,kyl§aAamu�lld<yda'f�h^yeReuvmJtrvasnma�n Usfr(+1AheraWto�n¢a maa�Vpus1. ��ttl
era cuu by llk/r Muir vp�drots7'on the ant WW ine ae+5an(Ut or the eNm' emi b&W of Wieh Um ale
pmS'dn(sl °,arecwmuarsau:aona ..........
•• DEANNAF.BURTON.j.
mne9amrnaxaaa ser
COMM. 49i2M9
I WTA CuuVthNN -,
w
� nwc�amxm
@lorv�is ° NpMpCpUaNynu.S�mrp°p+nAtWpty70.1004 i �...,np1.
NYM.W4lML%W RT.4M1iNIW9a1'{YY�MrM'YiIQ p'
V li M Y1G59 ('RIY p SANY4lt _�
;.AaryF:G^dP.Li+3HtlrAfatl WIl.
75A-22
9
I
:Wtl Ed
;s
pteaseit this
tax statements to;
ABs
Center Plus, rM•30
or,caltiornia 92701
viing requested by
VP ��wnk. r'yvM1 PIR
i IANWNT Cotw SK110N 61 U3 L--
om.._
cancn%�Appmcdaato
a[.
IAPFTmd riW4rl
cmt
Z.
�. P,. wr W. ••4:,Iliun iN
kd-
i Y t I 'I BnAr. ��(! � t84�26t1-1i �� SN351 I Brintol. St. I
A l tt GRANT DEED 1
4 FOR VAWAOLE,CONSWE8ATlO14, mceiptof Which is hereby ackn"ledgrd.
iNIM SVANCELLCAL LUTNRNAN Cft"CK OF MANTA ANA. INC.
Do Horeby Crant to THE CiYY OFUNTA AM& E Manlnpot Corporation � �
the sear properly In the City of Santo Ana, CoUnr/ of Orange, State Cf.Califotnls, described as. follows:'
Lots 85, 86, 87, and 80 of Tract. Mo, 1508, map recorded ffi Book 45, page 40 of
Hisceltaneatto Haps,
:?tri OlflCa Li �a'•T^1<{ni,?nMF � H , Y .
tees o^�rGiwemroaM CDCa$81.�" ':.r w" M,p �
Ivo 7&z �u6 PrrrCk'tio i1s22 t• ,
UNXTS6 E7A::GELTCAL Llftt4'iIIADrC8r1RaP .. .¢
Up SANTA ANA. INC. 'r
April. 16. 1992 AYt. ^`r'da
Dated .10NN 77 L'n"A.Lr 7LCR PRga DEh"C
COTCAL'uuniwln Ism hs n, ri. _ x yy�- •� p
.�C',OUNUNTY.OFI fARCLM1 8G LTRB S8,9R•^.NETARY w
This 1, to ready that the lniermt In rant jim i o, o
Em,r , Elia uadur ,Bwd, a Watery puhlic In And for mmnyed IN ilia deed darad.-......,.-..,.,_.-.,.._
State, penonal?y apPeored w
Ire n ..rta p+^rpc+ical {t�Ckieean Ctiuech m
a£ sate» Asa, Inc. ._._
47innnag4.&nmyn In me int praed to me Im the brsh of
l lsi N adcr�+l rn hr ih+nprarafel wfin6E narrle(5) H the Cdv dl agency,
Ana, a p irf act orimi b di and .
ale snhenbed to Cie vntVanlnatrwnant and acknovA. 8a^.rmrtanras aXaney, I$ nereiryr accepted by die
gad to me Thar hd/dirlthay au. not lho same undacagned ollear or agent on Whatj•orthe Cry. E.
Cannot parmant. 3'inn'N mote. v
ICewtunan Na I9Bof1 �CIWr-gnc9 IM D]D]D] riNFS5tiry hand arni a(Scial seal'. ,M lk•nlweA 1 A4anrl lh getl ea en htY n � �
meyna}Ion the f to aly fp('�� to
m a
.Y{r.•'-:s/e�..__.• 1�
its.__'.•�,/-.�.:.Z'='-":.::`T:� n
75A=23
EXHIBIT «C"
STANDARD PROPERTY
LEGAL DESRIPTION
1.5
75A-24
Order No: 09202091.920-CMM-CM8
EXHIBIT C 85
All that certain real property situated is the County of Orange, State of California, described as follows
PARCEL I:
LOTS 17 AND 18, OF TRACTS 3M IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA,.AS PER MAP. RECORDED IN BOOK 104104 P� PAGE$ 30 AND 31 OF MISCELLANEOUS MAPS, IN TIM
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
IM10114m;;
THAT PORTION OF LOT A OF TR&CT NO 3293, IN TIME CITY OF SANTA ANA,, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK L04, PAGES 30 AND 31 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE EASTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOTS 17 AND 18 OF SAID TRACT N0, 3293.
PARCEL 3:
LOTS NLNETEEN AND TWENTY OF TRACT NO. 3293. IN TPM CITY OF SANTA. ANA, COUNTY OF ORANGE,
STATE .OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN 1300K 104. PAGES 30 AND 31 OF
MISCELLANEOUS MAPS; RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4:
THAT PORTION OF LOT "A" OF TRACT NO: 3293, IN THE CITY OF SANTA ANA, 'COUNTY .OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104. PAGES 30 AND 31 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING BETWEEN TIM EASTERLY EXTENSION OF
THE NORTH AND SOUTH LINES OF LOT 19 OF SAID TRACT 3293.
19.10] &1
THAT PORTION OF LOT "A" OF Ti CT NOIN THE CITY OF SANTA ANA, COUNTY OF ORANGE, SPATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK. 104 PAGES 30 AND 31 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE .COUNTY, CALIFORNIA, LYING 13ETWBFN THE BASTERLY' EXTENSION OF
THE NORTH AND THE SOUTHLINES OF LOT 20 OF SAID TRACT 3293.
Assessor's ParcelN¢mbor. 011451-17,18,19, 20; 38, 39
75A-25
�
m
r_
m_
2
@
3
_ _, _ e,Requested By; __w _<__; _
75A-26
��h
\�
$
`S
�(H)�
§
§
_ _, _ e,Requested By; __w _<__; _
75A-26
EXHIBIT "D"
STANDARD PROPERTY
GRANT DEED
16
75A-27
at3GOsequta nxpvssx�n sx
MOMENT TTI.£
Armwmmmrom-ftMAV'TQ:
NAAitdAYTHEA'PXAWQ
466 W. WRIM-AV".
Alt@.`b1DTsr CA 91007
EXHIBIT p
WorNa.: MOW
Recorded in Official Records, Orange County
Hugh ibuyeni Clerk -Recorder
111111111111111111111111111111 IN I 111111111111111111111111111111111111111111144.00I 11
w$ R 0 0 0 8 0,1 b 28 6 $'
2015000625408'4,30 pm 12/08115
143 404 G02 711
550.00 554.00 20.00 U0 18.00 0,00 0.00 0.06
m mw NO.QQ03SoR221'
TAXIS $ o .Q &CITYM00
a, aompatea un xwtvataeorAaroponYconveA'+w, of .
�.teotaputeAonAWldalixbiesa'vatae®t'tiertsOrafnoutnbxancesremaip'uzguttGnanE'sala
13uAnamporatedarm XvAyof$ANTAANA, AND
Fart-AVALOAnLBGDNSTPOitAMONttm�ptofwbith fahrnUyaonowledged,
GROnCIR A.XON%A MaM04 Upas Ads solomuttwparateproperty as to an nadOlded 401/6 and M X;, Ai&pasktetl WOMU 8WO slid
se¢rtyYtaaoundividod2MandYOSMOFUR,AMreMan asbig sale and mp?ratePoverty aktosiwddMded30%rc
llAYNGDs8NA
Marded Man as lass cele aid separsto ptaperty =0 an nndWided iQYo, of d(eprdpertyiaiarest„ ,
heNbyGRAN1Mto MAMAYTM4 NA1NGt A MakrfedWcxnarl as her sole and separate property
dtefoAovring descr3bedmsl property in tha Comt>;y of OranQea StateofCaNXamia:
90 MMUT"A"ATTACAMlo 7W='ra AM MADS APART Mt? MOV,
C.ominadyatupwa M,1113 S, STA,NnAIW AVE:NUD, SANTAANA' CA S27o1
.. ATN..oI'1»»25E-17so11�258-18, gAd�5A-L%t 61FA-232-20, OA1-251.3& and ot1�'S$39
SCOSRiO'NUS� DAN1rtltNrsUy76N
— -_
vAwapms vrl tomtmhs
hdeddasstha of sutisl§cl evttteuaa tri be Waparaun(s} whose.aame(a} latera suUaan'had to 4�,a_w.
Fedn tashumcue ¢ad eokmwTeAga�1 to me That
in 1 whftRh*amhatized oapoeriy(ire}, cad runt try his/lter/Welrslgnsnm:(sj on dmiasnucnoarthepeistm(s}..orft mkVry epoo hahatr
arwl,iektlA+pafaon(s)ao9ari, axactdad tfi@iamuamant .
1.ce61'yaadarri7alOAL'tYDIP�IRPUAY order Wo laws u}"ttaswie e£Coltlhmirt0iat dtaioregaftry; nnyjaph ts.VNosnAaoe¢ot.
W11.NP,SBvyhaad andaatat eeaL 7550CA {9# 1.6 .
Q14111q. §9 20 98, yt
Bipwa+ro, tiA RANOE1GCOtUNTYNtA
7 CO&tM. EXPIRES Nov..1 '20 a"
lJ
MAMTAXSTA7TM17N9'ST6: SArMASABOVBorAddtmss Notediletow �^ a"�r°s^o•vca
Nowa •••'••'�.• Strunfuldmss CiW Sfam
'SRFt Vlolml'omfGa
75A-28
EXHIMT "E}°
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 maybe transferred to any other general escrow account or accounts, The
expression "close of esorow" 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 estatebroker 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 affectedhereby, 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 your, 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 fiends are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than 910.00 per month.
Time is declared to be the essence of these instructions, If youarc, unable to comply withinthe
time specified herein, and suoh 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 parties agree to exchange the properties 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,
17
75A-29
75A-30