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HomeMy WebLinkAboutNAING, MA MAY THET (3) - 2017City of Santa Ana Clerk of the Council COTC Office Use Only _- ---.. AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements C! ty of Santa Ana have been satisfied prior to signing the termination form. „ a 21 Is the agreement(s) a permanent record? Yes No CiF rk of the Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. p \_ I I The agreement with A C> kA ck � "�� N o k1A No. % `%CIa — Z l was completed on (List aff amendments. Use space below if needed.) Pr - aoV-1-333-01 Revised: 10-18-16 lj,�2qf _I_�<_ and final payment has been made. Department: )? I Pei YVV\ tti Phone/Ext.: G-a S7-� //11 Signature: a .kkop1 k/Y 1p Date: -7_�lF� INSURANCE NOT REQUIRED A-2017-233 WORK MAY PROCEED CGERKt}R'COUNCi nnr� AUG 2 2 2017 0' AGREEMENT FOR EXCHANGE OF REAL PROPERTY, MONETARY ,0' 4 RLA (,) CONSIDERATIONS, AND ESCROW INSTRUCTIONS This Agreement for Exchange of Real Property, Monetary Considerations, and Escrow Instructions ("Agreement") is entered as of the —!5Aday of....A-Ltat,�, 2017, 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 Property"). 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, 1993, 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 1113 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 to the terms, conditions and provisions of this Agreement, the Parties agree as follows: 1. Exchange of Real Property 1.1. 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 Grant 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 specific, including any and 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 free 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 leasehold 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 Dollars ($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 opening of the escrow ("Effective Date"). 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 (5) 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 Closing Costs, 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, re -conveyance fees, document preparation fees, 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 1265.240. 3.5 Title Insurance, The Parties agree to deliver, concurrently with the conveyance of said real properties, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the 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, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monotary, 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 (b) The granting Party 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 the receiving Party is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to the receiving Party 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 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 (W) 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 Holder 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 only impediment to Close of Escrow is delivery of such 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 (iii) 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: (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 hereinabove 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 request is made, Escrow shall be closed as soon as possible thereafter. 4. Representations and Warranties 4.1 Representations and Warranties of City. City makes the following representations and warranties with respect to the Bristol Property, each of which shall survive Close of Escrow: 5 (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 Property 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 governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, 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, (f) City, as a government agency, has not been subject to real property tax assessment on the Bristol Property. Transfer of title to 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. M 4.2 Representations and Warranties of Naing. Naing makes the following representations and warranties with respect to the Standard Property, each of which shall survive Close of Escrow: (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 Naing is at present a party or by which Naing is bound; (b) To Naing°s actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Standard Property is pending, proposed or threatened; (c) Naing 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 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 acid 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 have been generated, stored or disposed of upon or under the Standard Property; (e) To the best of Naing's knowledge the Standard Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution. Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, 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; and, (f) 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. I 5. Right of Possession 5,1 Right of Possession. Parties agreed to deliver to each other quiet and peaceful physical and legal possession of the respective Properties, free of all personal property, effective as of the 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, Parties 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," "WHERE -IS" basis. Parties are not offering to acquire the respective Property based on any representation by the other Party, or a third party, except 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. 7. Acknowledgement of Full Benefits 7.1 Full Benefits. By execution of this Agreement, the Parties 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 type or nature whatsoever relating to or in connection with the acquisition of the subject Properties. 8. 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. 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, or 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.O. Box 1988 Santa Ana, CA 92702 With a copy to: City Attorney 20 Civic Center Plaza (M-29) P.O. 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 herein contained on the part of the other Party 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. 9.4 Assi wgnment. 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 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. 9 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 the respective parties hereto. 9.6 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. 9.7 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. 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 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. 99 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 Ca tions. 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. 10 9.15 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 for or 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 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 Patty 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 Incorporation 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, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 9.20 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] 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, IqUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Cita 0 RECOMMENDED FOR APPROVAL: A "�7-4 -;e7 GERARDO M UET Executive Director Parks, Recreation and Community Services t2 CITY OF SANTA ANA CYNTHIA J. KU . Interim City Manager ROBERT C. CORTEZ Deputy City Manager for CYNTHIA J. KURTZ Interim City Manager NAING: �--- ; MA MAY THET NAING immisslon 0 2137083 tary PUNC • California Los Angeles County 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 County of Orange ) On August 23, 2017 before me, Rosa A. Flores, Notary Public (insert name and title of the officer) personally appeared Robert C. Cortez who proved to me on the basis of satisfactory evidence to be the persort(s') whose name.(s') is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized capacity(iesy, and that by histher/their signature(s) on the instrument the personWor the entity upon behalf of which the personko 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. °- - - y - p- A. FtoNEs ;o Commission A2057129 R...-m4 Notary z „ y Public •California i {� Orange County > My Comm. Expires Feb 7, 2018 Signature ©'�'' CA �'- (Seal) 11 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 County of Los Angeles On August 17, 2017 before me, personally appeared Ma May Thet Naing Linda Martinez, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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. �+---- LINDA MARTINEZ [ WITNESS my "d-d cial seal. Commission a 2137083NotaryPublic-California s Los Angeles County M Comm. Exy — — — Jean 13�2020 - Signd ure mil_. (Seal) EXHIBIT "A" LEGAL DESRIPTI®N 13 EXHIBIT A LEGAL DESCRIPTION (APN 109-266-17) In the City of Santa Ana, County of Orange, State of California, being Lots 85 through 88 of Tract 1508 as shown on a Map recorded in Book 45, Page 40 of Miscellaneous Maps, in the Office of the County Recorder of said County, said Lots also described in a Deed to the City of Santa Ana, recorded as Instiument 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 Survey 2006-1126 recorded in Book 224, Pages 23 through 26 of Records of Survey, in the Office of the County Recorder of said County. Containing 0.77 acres, more or less. All as shown on Exhibit B, 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. M. ` M. "Gonzales, aPLS 906 Page I of 1 EXHIBIT W SKETCH TO ACCOMPANY LEGAL DESCRIPTION (APN109-266-17) 0 4 BORCHARD AVENUE — — 7----------- .—._._ _ _ —°— _._------°-----.—._._.—,.—.—I I N __. M LOT19 _____--------------- ----- I I..i40) LOT20 C1'Y' FiCr i ! CJ] m. i c, to r — — [75'j — _ Dp � LOT 21 LOT 22 I I I I REFERENCES PER TRACT 1508oMM 45/40 PER RS 2006-1126. RSB 224/23-26 EXHIBIT "B" BRISTOL PROPERTY GRANT DEED 14 EXHIBIT B I�tx. ,arrsgri�rtt tale Ime. Co. i F" — t WflFKmMC0j&DED MAM TQt E Ts^f i DCC # 93-02776 2'I—APR—i993 1EHIO AM Recorded it Official Rernrds of CraB4e Caanh, Califaraaa Lea A. Branch, CNOY Recorder Aare 1 of 3 Fees! f COO . @- __ E1r.1 THIS SPACE FOR RECORDER'S U514 0111M Ri.°. wARe AL1nm TO AROM4WEQUATE SPACE FOR RECORD" "PORMAVON 440DITIONAL RECORORA4 PER Ana U? ro O tln Apeil_16.LJahn �'-e. . DPLcenPF. Burton stttt church :S1c e93 seldom and Marcia 4cpa•ithnieg ca e q r•r rp a s vun& u a� SanCB Ana, IIICa.*cd'm4iaN i211nn dfld �n mb an laa Sklh'i19P 18G=7dLlaY em�eYup11tr 96 dq 6Fw51Mlil wiAx.l�a�nN�i .wu s++--�•:...�. +`kt Ine � 04. F nmumunl no ecI4"WWtavaMe"&t� F-iZcd c11aCKY*), ' A u a y gflC In'J°..�/i+6FJYhl!9� t'aflAexw(91 W. the 913MemMr eN {iCY&Yli9) 9r N!^ I IL'.! of mi�m... ... . A L:t�e�-�+••r�..rr.sla9}llPe!e g a«enna)are?. oMecvrm sna irwuun,®m a DEANNA F. EURTON �, ;; COMM.aerz3 wRmess mx am m� e a =' m neM ua . a.; xarRrrwa'.x:raLFoalu t iev=Q, s r 1 — i �i M7d2al f pap02=100 ja muipt Grr Mwu..n �.n^a Sure hen '�.:..:.w : �•_r_a.c^_•_�:.•x. 97 we mall tnis statements tot f the COOTR;I f Santa Ann Efvic Center Plaza, M-30 to Ana, California 92701 recording ieposted by CTy oP SANTA AAA pill INNAIENT t.COE $kct(ON b111.1 L uwct'Aso+tnntiwr rnagrrnNners usr----• can3ef AprnNwd as to Appmrttl br Cc:tnrxtan 0.xTipltim An aM•htap Pru�,rt flea rnrnr by Nry tr�enar ly tru„c�3�—nK Numlar Numtrtle Auml+et LX 1 1lwrittm Enar. JW t09-268-17 5W35E Ariet4l Sc, GRANT DEED FOR VALUABLE CONSIDERATION, raceipt of which is hereby acknowledged, UtTITO EVANGELICAL LUTRERAN CS RiC6 OF SANTA ANA, INC. .al Do ea Hereby Crant to THE CrtY OF SANTA ANA, a Municipal Corporation � in � IFr, teat ptcpem; in the CEC, of Santa Ana, County of Oranae, State of CTltfornia, described as follows: Lots AS. 86, $7, and 88 of Tract No, 1508, trap retarded In rook 45, page 40 of c Mtecel.luaoious Maps. Tt1is atl:}i m altempti}r�Gn,�t �. 1P?5n :+c Grlremmaia W4� a NO Tar Due FW Ceda 1192E April 16, 11392 Dawd STATE OF CAWFORNIA . L +• a ry° } T UNITED EVANGELICAL L8T$EEAN COCECN". OF SANTA ANA. INC. T - BY: 3 /7 .L, VICE, �P&gES GENT AS Y r mir-'nY STATE OF CAI1FppWA IrN. r;cYarrry OF Oean e 1 •_ oA Aortl„„16 093 betas me. 0aa�n •a„F_Burcan _ ,t a_n Cturrcb parcq-nWt aawared Salo Nic,a as Vite ?raeident and !•tareie $chulthaies as e,recary « n re Vaage n of anin ..,-RaI"AN ar�G tJ rM1P Q'ara Ya:t:C::UIP^_H."1'C".3C:C:^].^.➢.":CF.Sure3i.Yroua till,lw�w[v�FIr:'rw=.:.+auAU�u`w't.'.`w [no the NaYIWPegt aAtawalnaM4tdtiod bg1a111a:Yii�l�haY4NBaaed tiiatBOMXI �1�r1MMeraNhahea tep5f}iV(�B5)• a���/���� Wild of "Ch the ePA C191 lTJalWlr�'roICY' aer4G3u'BtSJ dl n0 UIStRYlldtl fn9 p019m anus.:.. �trd IS n ... ._. auwr + ameaatal xtt mWas"A manmrm. �•.•.• ,« . DEANNA F. 13UFIMN tLfr r °MTESS my ham cer ald*144W l, .„«,.tCOMMfe�7 eon ' °t OhUK:9::rI- HyCawn Ewiu -aim Cm PAav�c.-� CtAae Sn»tiu'swt P f *.:: ptea5n mail this _ - - - d tax statements to; - ate Ana Ctnter P12Za, M•30 a, California 92701 " otdiitg�re'•quested by QF wIM;.Y. ftve4 GAR ERN'MONT WiION 611US j„„ SPKL ABW I TINS LINE FOR RL[t}Rnak5 Uit Cancel APR,mad as Fn APFqAIN t'kwtp{Irn wwa r `n.n, •,. �.,r ...,.,.p,,, .. 4:,i1'rcn iry t7wcutman �1e,i-9.F. A,P tth4 Nwy inw,ur rvuoiLrer PraµnY ,.Irtn'txv !t EtrOC. 199-266-17 SW351 Bristol St. -� +'j GRANT DEED FOR VALUABLE CONSIDERATION, lecelpt of which is hereby acknowledged, UNITED EVANGELICAL 1Ul'B1 W CHnItH 0H SANTA RNA. INC. Ito m Do es Ncret;y Grant to 'fiiF CRTv OF 5ANTA ANa, r Mbnthpal Corporation ` ^� the mal property in the City of Santa Am, County of Orange, State of California, described as follows: x Lots 85, 86, 87, and 88 of "tract: No. 1305, mop recorded in Book 45, page 40 of Hiecellantotso Maps. _ " Y T':�OtfiDtsisexertlp:trarnlR�G � .. ,. .; � � � fees u-Ccr GoeelmMrd C060$ 8103. „ -•,a , 6 No -lax flue pa. ocdB ff622 UNITED ETF MELIM LU.(M?W'P-EU`A. , nn WMA ANA, INC. M m s: April 1e, 1992 Byt ,yt Dated _ JOtUt L'L, site pRES n ., n LJNTY OF t P.C:A SC LTHE SSsEECRETAEY Tlns r. to ced{ty that the Inlerest Fa real pmpeny o ra,nn, [he undersigned, d Notary Public, In and fnr mrncyed by the deed dared.. -- d State, personalty appeared ;air imm Lri_ee! Pvnrpc?.±cal t.ntbaran ctwreh R of Sere Ana. Lnc. v...- rwjrattly known to me for proRd to me on the bassi$ of to the 4 S-n:a A n.., a political c rpoctlan. and . e Cat n- r,.tAw....t rn ha thM nrMftfsl whntl: namcNsl ... P ate suh.cnbed to the wehtn Fnsin+menland acknowl• guxrrmairai agency; is neraby accepted Wdie ged to me that hPAhPith Eiecutrd the $ame. undnrs{ d o cer m agent on behalf [ t the City gn gc Counul pursuant jg�o'Who`rity corde v :e Heso9utan Na E,t�15S of ! Cny f Intl led Tyit F NE55 my hand and Ufntial scat. nn tYrnNcr b t nq and l in ee m nib n c�4, . -, � mco�daa,lon ther�oi lnt {u aly t176�r1�i "" � a Ctrrrr fix... �.�. r. �4 an,.-._�•� o? � - exempL _^. .xrc ra.r.ax^�rx4^xtn: nsw EXHIBIT "C> STANDARD PROPERTY LEGAL DESRIPTION 15 Order No: 09202091-920-CMM-CM8 EXHIBIT C 10 All that certain real property situated in the County of Orange, State of California, described as follows: PARCELI: LOTS 17 AND 18, OF TRACT NO 329�, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 104 PEES 30 AND 31 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, PARCEL 2: 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 1.04, 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 NO. 3293. PARCEL 3 LOTS NINETEEN AND TWENTY 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. 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 THE EASTERLY EXTENSION OF TEL NORTH AND SOUTH LINES OF LOT 19 OF SAID TRACT 3293. PARCEL 5: THAT PORTION OF LOT "A" OF TRACT N0, 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN _BOOK 1.04, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING BETWEEN THE EASTERLY EXTENSION OF THE NORTH AND THE SOUTH LINES OF LOT 20 OF SAID TRACT 3293. Assessor's Parcel Number: 01.1_T, 251417,18, 19, 20, 38, 39 W, Order. 9202091 Coc; 11-25 MAP ASSESSOR S 4 -mto e Q O G) G) G 6 - T- AMGVJ of £0—+o* o VJ m # al 30p N 5"i �y �Q ��^^✓t QiiCggC±A (� N .3aY7d #ASAVV1PtirNJ �Q vial rn m "VIM�� 2 A70AN am e Ca h C7 h .m land depicted. Exceptto the aslant a policy of We insurance Is expressly modified by endorsement, if any, It Insure dimensions, diatences, lacedan of Basements, acreage orofhar Matters ehdWh thereon. Page 1 of 1 Requested By; Kevin McGhee , Printed: 10127/2010 10:17 AM EXHIBIT "DB9 STANDARD PROPERTY GRANT DEED 16 er,0o8DLv0 tikQtissr60 sY 'PROVIDENT TITLE AND tYrt6N RCSOOMMAp4 TOC MAMAYTHUNAING • 466 W. O?RMAN•AU7. AR=th, CA 91007 EXHIBIT D OrderNo.: 50006407 Recorded in Official Records, Orange County Hugh Nguyen Clerk -Recorder I iIII I IIIIII 111111111111111111 jl�j 11111 JJjiIi Ii II IIi Jill I I JI 11144.00 * 3 R 0 0 0 8 0 1 b 2 8 8 $ 2015000625408 4:30 pm 12/09115 143 404 GD2 711 550M $50.00 20.00 0.0018.00 0.00 0.00 0,00 liacmw N6.s 00033882 TT , , THE UNDER8i0NED GRANT'ONS)11TsCLARR(S) THAT DOCUMBNTARY TWSPER TAX PS $:),100.00 & my $0.00 X cmnpnted on fullvalaa offpmpaxty oturveyed, or. l l cozdputed m full daluo Iesa valao oft(�s oreatornrrlirancas irarudDing at tlrao at sale. 13nuincorpotaiedKea XviWofSANTAANA AND PDX'AVALUABLE C(i1NSWERAT10Nmoolptofwhich isk=byacimowled5ed, GEORGE A. KONA AMatried Mae as his stdoatidsopurateproperty as to an undivided 40% and YEN LE, A Martled Wom is ealeand "Pkratoprop" as to on undivided 204/b and YOSHIO P'USIE, AMi rried Mon as his sch and soparato proptrty alto m undivided 300A and DAN NY NGUYEN,A Married h1m as his silo and separate piroperly as to an undivided 10%,, of ti.e property interest , hmbyGRAlaV) to SSA MAY TIMT 1NA1iN®t A Married Wmm as her sole and separate property dt0 £ollawia$ desm°b fd TC4 property in dre Courtly of Orange, Stale ofCalilbraia: SEE EI=i. 11A`l ATTACH iflr RUTO A" MADE A PART HEREOF. Commeody Knvwa Ass 1113 5, STANDARD AWNUR, S,ANT,A. ANA, CA 92701 APN: 011251-17, 011-351-18, 011251.39, OAt-?3]-20, 0d1.25%3a and 01145139 "ALtTj l ! INC coTitaTEDrARM YOSIHO IrUSE 11AN1YY NGTIYEM DoaumentData: Anolatypublic; orofherofficer e mpleftthisceriifaoatevariEN611lytheideanityofth0iadividealOoelgaedthedocumentto which this cexriScateis atlacl�d,and not ih0etvthaatXtwss, aacuracY arvelidiiy of thai docutnart ocemir Of whoymeved to me on 9m: hnmjis of xatiaOc evitkar.o to be the rase fl) whase aame(s) Ww submilbed to the within lxsftumaut and eakoowlalged to me drat belahellhay esoauted the seems in biedrar their mnbo& d capasitY(im), sod that by hIe&aft w signature(s) an the ieshtuseutdee prima sA or the entity open bebdf ofwhiah tbepet A($) dated, cx%WD4 the imimmFML r c�dfyunde rENALTY OFP41MRY nacho the laws ofibeSmia of Caftmia &flt ihai>rcga agpampapE Is tsuo sndaorrCot Wf1NE58mybandsadofchlgml. f fESMCp M 8 COMM. OF2 20AO L Signature NOTARY P45M • CALIFORNIA ORANOECOUNTY 0 COMM. EXPOW NOV. L 2048 d MAiLTAXSTA.TLM.73NT M SAME M AB0VBcrAddrw Ntarti Dalow Name StreetAddrms CkA Stake Dae MAmPmmOD EXHIBIT "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 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 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 When recorded, please mail this instrument and tax statements to INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DArr NOV 2 1 2017 SPACE ABOVE THIS LINE FOR RECORDER'S USE A-2017-233 R APPROVED AS TO APPROVED BY DESCRIPTION DESCR T10N A. P. KW YIAP PROTECT TAXES FORM BY ATTY. DIRECTOR WRITTEN BY CHECKED-O.K. NIbMER NTtiMER NW®ER 109316-19 — 7 1416 S. Brnt.1 Street, Snnte Ana, CA 92704 DEED NFUNBER 5,ivla ('ell,y GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, Does Hereby Grant to Ma May Thet Naing all that real property in the City of Santa Ana, Orange County, State of California, located at 1416 S. Bristol Street Avenue, Santa Ana, CA 92704 described as follows: Dated : SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; By: 4 Raul Godin a 11 City Manager II�211)ZGg7 64.,ALuz Maria D. Huizar Clerk of the Council 5,ivla ('ell,y GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, Does Hereby Grant to Ma May Thet Naing all that real property in the City of Santa Ana, Orange County, State of California, located at 1416 S. Bristol Street Avenue, Santa Ana, CA 92704 described as follows: Dated : SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; By: 4 Raul Godin a 11 City Manager II�211)ZGg7 64.,ALuz Maria D. Huizar Clerk of the Council 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 County of Orange ) On November 16, 2017 before me, Rosa A. Flores Notary Public (insert name and title of the officer) personally appeared Raul Godinez, who proved to me on the basis of satisfactory evidence to be the person..(9) whose nameX is -Aare subscribed to the within instrument and acknowledged to me that he%Fie/they executed the same in histheT their authorized capacity(4e9), and that by his/het/their signatureW on the instrument the person(.aj, or the entity upon behalf of which the person(2acted, executed the instrument. 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. aosq A. Fto aEs Commission # 2057 Notary Public -Californirni a i Orange County a C� � My Comm. Expires Feb 7, 2018 Signature - &L� uL' (Seal) EXHIBIT "A" LEGAL DESRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOTS 85 THROUGH 88 OF TRACT 1508 AS SHOWN ON A MAP RECORDED N BOOK 45, PAGE 40 OF MISCELLANEOUS MAPS, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID LOTS ALSO DESCRIBED N A DEED TO THE CITY OF SANTA ANA, RECORDED AS INSTRUMENT 93-0277611 N 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 SURVEY 2006-1126 RECORDED N BOOK 224, PAGES 23 THROUGH 26 OF RECORDS OF SURVEY, N THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY. CONTAINING 0.77 ACRES, MORE OR LESS Assessor's Parcel Number: 109-226-17 EXHIBIT 'B' SKETCH TO ACCOMPANY LEGAL DESCRIPTION (APN 109-266-17) w J U 0°.� 11 z i BORCHARD AVENUE - ------------ - - - - - - ------------------ - - - - - I N I N fZ Rm LOT 19 LOT 21 LOT 22 Utl -------------- I ra (75- - - - - - - - - - - - ) - - - - - - - - - - - - '] z �I- - 86 REFERENCES I ) PER TRACT 1508.MM 45/40 j PER R-S 2006-1126 RSB 224/23-26 y4 No. W65 \�0F CA��F�4/ R LLI 0 E cc in