18-0611_CALIFORNIA DEPARTMENT OF TRANSPORTATION_E17_Agenda Report (Agreement) 6/11/2018
E17
vI wl
I�
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Xnjamin Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director
DATE: June June 11, 2018
SUBJECT: Resolution Approving Purchase and Sale Agreement for Purchase
of Excess Caltrans Parcel 102506-01-01 at the Southwesterly
Corner of Ortega Highway and Del Obispo Street, and Rescinding
Resolution 18-04-03-03
RECOMMENDATIONS:
Adopt the attached Resolution:
a. Approving a Purchase and Sale Agreement between the City of San Juan
Capistrano and the California Department of Transportation (Caltrans) for the
purchase of excess Caltrans parcel 102506-01-01 at the southwesterly corner of
Del Obispo Street and Ortega Highway for $764,000; and,
b. Authorizing the City Manager to execute the final Purchase and Sale Agreement
on behalf of the City; and,
c. Rescinding Resolution No. 18-04-03-03.
EXECUTIVE SUMMARY:
The California Department of Transportation (Caltrans) offered to sale to the City a
remnant piece of property acquired by Caltrans for the realignment of Del Obispo Street
and Ortega Highway as part of the 1-5 Freeway off ramp and onramp modifications project.
The property is a 15,287 square foot remnant piece of the former Jack in the Box site at
the southwesterly corner of Del Obispo Street and Ortega Highway. The City Council
approved this purchase and appropriated the necessary funds on April 3, 2018 (report
included as Attachment 2). Caltrans legal counsel subsequently requested additional
language in the City's resolution that further clarifies that the parcel will be used for a
public purpose. Therefore, a revised resolution is needed. The exact language of the
resolution is not yet available, but will be provided by Caltrans at or before this Council
City Council Agenda Report
June 11, 2018
Page 2 of 2
meeting. Staff expects that the resolution will be substantially in the form included here
as Attachment 1.
FISCAL IMPACT:
The current budget includes funds for this purchase, which were appropriated on April 3,
2018.
ENVIRONMENTAL IMPACT:
The proposed property acquisition is statutorily exempt from the California Environmental
Quality Act (CEQA) under provisions of CEQA Guidelines Section 15004(b)(2), which
provides that " . . . agencies may designate a preferred site for CEQA review and may
enter into land acquisition agreements when the agency has conditioned the agency's
future use of the site on CEQA compliance." The resolution recommended for adoption
includes such a condition. The plan for the ultimate improvement to the property will be
determined at a future time at which time the appropriate CEQA process will be
determined.
PRIOR CITY COUNCIL REVIEW:
On April 3, 2018, the City Council adopted a resolution approving a Purchase and Sale
Agreement between the City of San Juan Capistrano and the California Department of
Transportation (Caltrans)for the purchase of excess Caltrans parcel 102506-01-01 at the
southwesterly corner of Del Obispo Street and Ortega Highway for $764,000, and
authorizing the City Manager to execute the final Purchase and Sale Agreement on behalf
of the City. At that time, the City Council appropriated $765,000 for the purchase and
incidental costs related thereto.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On March 27, 2018, the Planning Commission reviewed the proposed property purchase
and determined that the planned purchase of the parcel is in conformity with the City's
General Plan.
NOTIFICATION:
Ricky Rodriguez, Caltrans
ATTACHMENTS:
Attachment 1: Resolution, including
a. Exhibit "A", Property Location Map
b. Exhibit "B", Draft Purchase and Sale Agreement
Attachment 2: Council Agenda Report from 4/3/18
RESOLUTION NO. 18-06-11-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A PURCHASE AND SALE
AGREEMENT FOR THE PURCHASE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION EXCESS PARCEL 102-506-01-01 (A PORTION OF
ASSESSOR'S PARCEL NUMBER 124-160-61), AND RESCINDING
RESOLUTION NO. 18-04-03-03
WHEREAS, the California Department of Transportation (Caltrans) has offered to
sell to the City of San Juan Capistrano a 15,287 square foot, vacant parcel of land located
at the southwesterly corner of Del Obispo Street and Ortega Highway identified as Caltrans
Parcel 102-506-01-01 as generally shown on Exhibit"A"of this Resolution (PARCEL); and,
WHEREAS, the ultimate use of the PARCEL by the City will be restricted to either
public parking, public parkette, City entry monumentation, or a combination thereof, to be
determined at a future time; and,
WHEREAS, California Government Code Section 65402 (a) provides that, If a
general plan or part thereof has been adopted, no real property shall be acquired by
dedication or otherwise for street, square, park or other public purposes, if the adopted
general plan or part thereof applies thereto, until the location, purpose and extent of such
acquisition have been submitted to and reported upon by the planning agency as to
conformity with said adopted general plan or part thereof; and,
WHEREAS, the proposed purchase and potential uses of the PARCEL have been
submitted to the Planning Commission of the City of San Juan Capistrano for its
determination of conformity of the proposed purchase and potential uses of the PARCEL
with the City's adopted General Plan; and
WHEREAS, on March 27, 2018, the Planning Commission of the City of San Juan
Capistrano found and determined that the planned purchase of the PARCEL, located at
the southwesterly corner of Del Obispo Street and Ortega Highway, as generally shown on
the attached Exhibit A, is in conformity with the City's General Plan; and,
WHEREAS, in order for the City to purchase the PARCEL ,the City must enter into
the Purchase and Sale Agreement with Caltrans included in general form as Exhibit"B" of
this Resolution; and,
WHEREAS, Resolution No. 18-04-03-03 did not include restriction on the use of the
PARCEL as required by Caltrans, and needs to be rescinded and replaced.
NOW, THEREFORE, BE IT RESOLVED, that:
ATTACHMENT 1 , Page 1 of 9
1 . The Purchase and Sale Agreement included as Exhibit "B" to this Resolution is
approved in substantial form; and,
2. The ultimate use of the PARCEL by the City is restricted to public purpose uses,
including, but not limited to, either public parking, public parkette, City entry
monumentation, or a combination thereof, to be determined at a future time; and,
3. The City Manager is authorized to sign the final Purchase and Sale Agreement on
behalf of the City of San Juan Capistrano; and,
4. Prior to development or improvement of the PARCEL, the appropriate California
Environmental Quality Act documentation, review, and approval is required.
5. Resolution No. 18-04-03-03 is hereby rescinded.
PASSED, APPROVED, AND ADOPTED this 11th day of June 2018.
SERGIO FARIAS, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
ATTACHMENT 1 , Page 2 of 9
s
Oxtep HWY .�►
low&
Aft,
r
Deal ibis
- L
Taco B w
3 1 7i7 1 .
r 1
STATE OF CALIFORNIA EXHIBIT 1
1
13
11 DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY-DD 102506-01-01
In this Agreement dated by and between the City of San Juan Capistrano,
hereinafter known as "Purchaser" and STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter known as"Seller",the parties agree as follows:
For the sum of Seven Hundred and Sixty Four Thousand Dollars, ($764,000), Purchaser hereby
agrees to purchase and Seller hereby agrees to sell:
In the City of San Juan Capistrano of the County of Orange, State of California, being that
of Parcel 102506-01-01 as described in Final Order of Condemnation recorded August 22,
2016 Instrument Number 2016000396865 of Official Records, in the Office of the County
Recorder of said Orange County, State of California, and legally described in Director's
Deed #DD-102506-01-01 (hereinafter referred to as the "Property") as shown in a form
similar to Attachment 1.
Subject to the following conditions:
1
Purchaser agrees to tender with this Agreement a non-refundable deposit of Seventy Six Thousand
Four Hundred Dollars($76,400). This deposit is due on or before May 28,2018 . The balance
of the purchase price, Six Hundred and Eighty-Seven Thousand Six Hundred Dollars ($687,600)
shall be paid no later than Thirty (30) calendar days from written notice the California
Transportation Commission (CTC) has approved the Director's Deed covering the sale. All
payments shall be made to State of California, Department of Transportation, and mailed to State
of California, Department of Transportation, Office of Right of Way, Excess Land Sales, 1750 E.
4th Street, Suite 100, Santa Ana, CA 92705.
Liquidated Damages: THE PARTIES AGREE THAT THE TOTAL DEPOSIT AMOUNT IS A
REASONABLE SUM FOR LIQUIDATED DAMAGES SHOULD THIS TRANSACTION FAIL
TO CLOSE DUE TO A MATERIAL BREACH OF THIS AGREEMENT BY PURCHASER, IN
THAT,WHEN CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF
THIS AGREEMENT, IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO
FIX THE ACTUAL DAMAGES. EACH PARTY AGREES THAT THE FOREGOING
CONSTITUTES LIQUIDATED DAMAGES AND NOT A FORFEITURE OR PENALTY.
II
Purchaser understands and agrees that this sale is subject to the approval by the California
Transportation Commission (CTC). In the event that the California Transportation Commission
fails to approve this sale, all monies heretofore paid by the Purchaser will be refunded without
interest.
ATTACHMENT 1, Page 4 Of 9 Page I of
STATE OF CALIFORNIA EXHIBIT "B" DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY—DD 102506-01-01
III
Seller is willing to process this sale at no charge to Purchaser, except for the items set forth in
paragraph IV below. Purchaser, at its option,may open an escrow at its own expense. Seller will
pay no escrow fees.
IV
Purchaser agrees to pay any and all recording fees, documentary stamp tax and monumentation
fees chargeable by the County Recorder. At a later date Seller will request that these fees are
forwarded, and Purchaser shall submit said fees to Seller upon demand.
V
The Property is believed to be free of any liens, court judgments, loans, Deeds of Trust, and
delinquent or unpaid property taxes. The sale of the Property is subject to all matters of public
record and any easements, or reservations not of record or that which is reserved by Caltrans.
Caltrans does not assume any liability for any possible encumbrances on the Property.
Purchaser understands and agrees that the right, title and interest in the Property to be conveyed
shall not exceed that vested in the State of California and that Seller will furnish no policy of title
insurance. If a policy of title insurance is desired, Purchaser shall obtain one, at Purchaser's sole
expense.
VI
The Property is being sold "as is" and is being conveyed subject to any special assessments,
restrictions, reservations or easements of record and subject to any reservations contained in the
Director's Deed. Purchaser may examine any information Seller has relative to these matters.
Purchaser acknowledges and agrees that they are acquiring the property in its present state and
condition as of the date of this Agreement, with all defects, both patent and latent, and with all
faults of the property whether known or unknown, presently existing or that may hereafter arise,
including, without limitation, all existing conditions, if any, of lead paint, mold or other
environmental health hazards. Purchaser acknowledges and agrees that Caltrans has not made,
does not make and specifically negates and disclaims any representations,warranties,promises,
covenants, agreements or guarantees of any kind or character whatsoever, whether express,
implied,oral or written,past,present or future,of,as to,concerning or with respect to the condition
of the property.
Caltrans makes no representation regarding the potential for development, subdivision, zoning, or
re-zoning of the Property. Purchaser shall be responsible for compliance with any and all local
codes and ordinances for permitted land uses of any kind.
ATTACHMENT 1 , Paye 5 of 9 Page 2 of
STATE OF CALIFORNIA EXHIBIT "B" DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY- DD 102506-01-01
VII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement
or to secure the performance hereof, each party shall bear its own attorney's fees. Purchaser agrees
that the title to the Property being conveyed shall not pass until the Director's Deed has been
recorded. Purchaser shall also not take possession of the Property until the Director's Deed is
recorded.
VIII
Purchaser shall defend, indemnify, and hold Seller and Seller's elected and appointed officers,
agents and employees free and harmless from and against any and all liabilities, damages,claims,
costs and expenses (including without limitation, attorney's fees, legal expenses and consultant's
fees, and investigation and remediation costs) arising in whole or in part from the existence of
hazardous substances, or hazardous substance conditions (as defined below). This indemnity is
intended to address that liability for which Seller may be responsible arising solely out of its mere
ownership of the Property. This provision shall survive transfer of title to the Property and any
rescission of said transfer.
Purchaser shall not assign all or any part of the Purchaser's interest in this Agreement without first
having obtained the written consent of Caltrans. Any total or partial assignment shall not relieve
Purchaser of Purchaser's obligation to this Agreement.
"Hazardous Substance" shall mean any substance whose nature and/or quantity of existence, use,
manufacture, disposal of effect,render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the
Comprehensive Environmental Response Compensation and Liability Act or Resource
Conservation and Recovery Act as now in effect. "Hazardous Substance Condition" shall mean
the existence on or under said Property of a hazardous substance that requires remediation and/or
removal and/or to be otherwise mitigated pursuant to applicable law.
IX
The Property and the fixtures and personal property contained therein, if any, are not new, and
have been subject to normal wear and tear. Purchaser understands that Caltrans makes no express
or implied warranty with respect to the condition of any of the Property, fixtures or personal
property. Caltrans makes no oral or written representation regarding the age of improvements, the
size and square footage of the parcel or building, or the location of property lines. Apparent
boundary line indicators such as driveways, fences, hedges, walls, or other barriers may not
represent the true boundary lines which may only be determined by a surveyor. If any of these
issues are important to Purchaser's decision to purchase, then Purchaser should investigate the
Property independently.Purchaser acknowledges that it has not relied upon any representations by
Caltrans with respect to the condition of the Property, the status of permits, zoning, or code
compliance. Purchaser is to satisfy itself concerning these issues.
ATTACHMENT 1, Page 6 of 9 Page 3 of 6
STATE OF CALIFORNIA EXHIBIT 11611 DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD 102506-01-01
If the improvements of the Property are destroyed, materially damaged, or found to be materially
defective as a result of such damage prior to Close of Escrow or approval by the CTC, Purchaser
may terminate the transaction by written notice delivered to Caltrans, and all Deposits shall be
returned to Purchaser.
X
Each party represents and warrants to the other party that no broker or finder or other real estate
agent is entitled to any commission, finder's fee or other compensation resulting from any action
on its part. Purchaser and Caltrans each agree to indemnify the other and defend and hold harmless
the other party from and against any loss, cost, or expense, including attorney's fees, incurred by
such party, and against any claims, causes of action or the like brought by any broker, finder or
similar agent for a commission or fee on account of this Agreement.This section does not prohibit
a Purchaser from obtaining a broker at their own expense.
XI
If any legal action, arbitration or other proceeding is brought involving a dispute between the
parties or arising out of the execution of this Agreement or sale of the Property, the prevailing
party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or
proceeding, in addition to any other relief to which such party may be entitled.
XII
Each party agrees to perform any further acts and execute and deliver any documents that may be
reasonably necessary to carry out the provisions in this Agreement.
XIII
This Agreement is for the sole benefit of the parties hereto. There are no third-party beneficiaries,
intended or otherwise.
XIV
All notices,requests,demands,and other communications under this Agreement shall be in writing
and shall be deemed to have been duly given on the date of service if served personally on the
person to whom notice is to be given or, on the second (2nd) day after mailing if mailed to the
party to whom notice is to be given, by First Class Mail, registered or certified, return receipt
requested, postage prepaid and properly addressed as follows:
To Caltrans at: State of California Department of Transportation, Right of Way Excess Lands
1750 E.4`h Street, Suite 100, Santa Ana, CA 92705
To Purchaser at: City of San Juan Capistrano, Attn: Benjamin Siegel, 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675
ATTACHMENT 1 , Page 7 of 9 Page 4 of
STATE OF CALIFORNIA EXHIBIT "B" DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY—DD 102506-01-01
Any party may change its address for purposes of this paragraph by giving the other party written
notice of the new address to the other party contained herein.
XV
This Agreement has been negotiated and entered into in the State of California and shall be
governed by, construed and enforced in accordance with the laws of the State of California and
according to its fair meaning, and not in favor of or against any party.
XVI
If any provision of this Agreement is held invalid or unenforceable by any court of final
jurisdiction,it is the intent of the parties that all the other provisions of this Agreement be construed
to remain fully valid, enforceable and binding on the parties.
XVII
All covenants, representations, warranties, and other agreements under this Agreement shall
survive the Close of Escrow.
XIII
Time is of the essence and performance of this Agreement in respect to all provisions of this
Agreement that specify a time for performance, and failure to comply with this provision shall be
a material breach of this Agreement.
XIV
If any date by which an election or a notice must be given falls on a Saturday, Sunday or holiday,
then the date by which an election or notice must be given is extended to 5:00 p.m. on the next
business day following such Saturday, Sunday or holiday.
XX
No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one
breach of a provision hereof shall not be deemed to be a waiver of any other breach of the same or
any other provision, including the time for performance of any such provision. The exercise by a
party of any remedy provided in this Agreement or at law shall not prevent the exercise by that
party of any other remedy provided in this Agreement or at law.
ATTACHMENT 1 , Page 8 of 9 Page 5 of
STATE OF CALIFORNIA EXHIBIT "B" DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY—DD 102506-01-01
XXI
This Agreement supercedes and replaces any and all previous agreements of any kind. This
Agreement shall be binding on, and shall inure to the benefit of,the parties to it and their respective
legal representatives, successors, and assigns.
The terms and conditions of the above Agreement are hereby accepted, subject to the approval of
the California Transportation Commission.
Purchaser: CITY OF SAN JUAN CAPISTRANO
Purchaser: Date:
Signature
BENJAMIN SIEGEL
City Manager
City of San Juan Capistrano
SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
Recommended For Approval
By: Date:
Ernesto Martinez
Right of Way Agent
Excess Land
Approved
By: Date:
Ricky Rodriguez
Office Chief
Office of Right of Way& Land Surveys- District 12
ATTACHMENT 1 , Paye 9 of 9 Page 6 of
4/3/2018
WANFla
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: njamin Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director.Z94-1—
Ken AI-Imam, Finance Officer
DATE: April 3, 2018
SUBJECT: Resolution, Purchase and Sale Agreement, California Environmental
Quality Act Statutory Exemption, and Appropriation of Funds for
Purchase of Excess Caltrans Parcel 102506-01-01 at the
Southwesterly Corner of Ortega Highway and Del Obispo Street
RECOMMENDATIONS:
1. Adopt the attached Resolution:
a. Approving, in substantially the form attached, a Purchase and Sale Agreement
between the City of San Juan Capistrano and the California Department of
Transportation (Caltrans)for the purchase of excess Caltrans parcel 102506-01-
01 at the southwesterly corner of Del Obispo Street and Ortega Highway for
$764,000; and,
b. Authorizing the City Manager to execute the final Purchase and Sale Agreement
on behalf of the City; and,
2. Approve an appropriation of $765,000 from the General Fund for the purchase of
the excess Caltrans parcel and for incidental expenses related thereto.
EXECUTIVE SUMMARY:
The California Department of Transportation (Caltrans) is offering for sale to the City a
remnant piece of property acquired by Caltrans for the realignment of Del Obispo Street
and Ortega Highway as part of the 1-5 Freeway offramp and onramp modifications project.
The property is a 15,287 square foot remnant piece of the former Jack in the Box site at
the southwesterly corner of Del Obispo Street and Ortega Highway. A location map is
provided as Attachment 1. The property is being exclusively offered to the City for the fair
market value of $764,000 based on an appraisal recently prepared by Caltrans. The
ATTACHMENT 2, Page 1 of 3
with its Attachments 1 through 3
City Council Agenda Report
April 3, 2018
Page 2 of 3
exclusive offer is contingent on the City Council's adoption of a resolution restricting the
use of the property to a public purpose and approving a draft Purchase and Sale
Agreement. The resolution indicating that restriction on the property is included as
Attachment 2. The draft Purchase and Sale Agreement is provided as an Exhibit to the
Resolution. It is recommended that the City Council adopt the attached resolution and
appropriate the funds necessary for purchase of the property from the General Fund, with
the expectation that the General Fund fund balance will be replenished with this amount
with the pending sales of former Redevelopment Agency properties (Lower Rosan and
Downtown Playhouse sites).
DISCUSSION/ANALYSIS-
If the City does not agree to purchase the Caltrans parcel at the appraised fair market
value for public purposes, then Caltrans may negotiate with the adjacent property owner
or may sell the property at auction. The public purpose uses of the property are
contemplated to be public parking, landscaped parkette, entry monumentation, or a
combination of these uses. The ultimate use of the property would be determined at a
future time in consideration of the plans for the adjacent Downtown Playhouse property.
The site is mostly asphalt pavement with a 15 foot strip of drought tolerant plant material
along the street frontages. In the meantime, the property would be maintained in its
current condition at minimal cost.
Caltrans prepared a Hazardous Material Disclosure Document (Attachment 3) that
indicates low risk of contamination of the site with hazardous materials. With the intended
uses of the property being public parking, landscaped parkette, entry monumentation, or
a combination of these uses, all involving minimal excavation, the risk of encountering
hazardous material on the site is very low. Thus, no further investigation for potential
hazardous materials is recommended.
The proposed Purchase and Sale Agreement is the standard Caltrans form of agreement,
and there is no opportunity to modify the form of the agreement. The City Attorney has
reviewed and approved the form of the Agreement. Following City Council approval of the
Purchase and Sale Agreement, the final Agreement will be forwarded by Caltrans to the
California Transportation Commission for approval.
FISCAL IMPACT:
The current budget does not include funding for this purchase. Therefore, a General Fund
appropriation is needed to provide the funds for this property purchase, including $1 ,000
for incidental expenses related to the purchase. Staff expects that these funds will be
returned to the General Fund through the pending sales of former Redevelopment
Agency properties (Lower Rosan and Playhouse properties). Importantly, staff would
negotiate with the developer of the Playhouse property to reimburse the City for the cost
of the land purchase through a Development Agreement, as the acquisition of this parcel
facilitates an improved land plan for the Playhouse site. Consequently, the acquisition of
this parcel is not expected have an adverse fiscal impact on the City.
ATTACHMENT 2, Page 2 of 3
with its Attachments 1 through 3
City Council Agenda Report
April 3, 2018
Page 3 of 3
ENVIRONMENTAL IMPACT:
The proposed property acquisition is statutorily exempt from the California Environmental
Quality Act (CEQA) under provisions of CEQA Guidelines Section 15004(b)(2), which
provides that " . . . agencies may designate a preferred site for CEQA review and may
enter into land acquisition agreements when the agency has conditioned the agency's
future use of the site on CEQA compliance." The resolution recommended for adoption
includes such a condition. The plan for the ultimate improvement to the property will be
determined at a future time at which time the appropriate CEQA process will be
determined.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On March 27, 2018, the Planning Commission reviewed the proposed property purchase
and determined that the planned purchase of the parcel is in conformity with the City's
General Plan.
NOTIFICATION:
Caltrans
Theodore H. Stroscher Trust (Adjacent property owner)
Frontier Real Estate Investments
ATTACHMENTS:
Attachment 1 : Location Map
Attachment 2: Resolution, including
a. Exhibit "A", Property Location Map
b. Exhibit "B", Draft Purchase and Sale Agreement
Attachment 3: Hazardous Material Disclosure Document
ATTACHMENT 2, Page 3 of 3
with its Attachments 1 through 3
Ortega Hwy
Caltrans Excess Pari iel
-01 -01
( 15� 2,897 so
bisp
s w T ac o 13 ell
s 31 1
RESOLUTION NO. 18-04-03-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A PURCHASE AND SALE
AGREEMENT FOR THE PURCHASE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION EXCESS PARCEL 102-506-01-01 (A PORTION OF
ASSESSOR'S PARCEL NUMBER 124-160-61)
WHEREAS, the California Department of Transportation (Caltrans) has offered to
sell to the City of San Juan Capistrano a 15,287 square foot, vacant parcel of land located
at the southwesterly corner of Del Obispo Street and Ortega Highway identified as Caltrans
Parcel 102-506-01-01 as generally shown on Exhibit"A"of this Resolution (PARCEL); and,
WHEREAS, the ultimate use of the PARCEL by the City will be restricted to either
public parking, public parkette, City entry monumentation, or a combination thereof, to be
determined at a future time; and,
WHEREAS, California Government Code Section 65402 (a) provides that, If a
general plan or part thereof has been adopted, no real property shall be acquired by
dedication or otherwise for street, square, park or other public purposes, if the adopted
general plan or part thereof applies thereto, until the location, purpose and extent of such
acquisition have been submitted to and reported upon by the planning agency as to
conformity with said adopted general plan or part thereof; and,
WHEREAS, the proposed purchase and potential uses of the PARCEL have been
submitted to the Planning Commission of the City of San Juan Capistrano for its
determination of conformity of the proposed purchase and potential uses of the PARCEL
with the City's adopted General Plan; and
WHEREAS, on March 27, 2018, the Planning Commission of the City of San Juan
Capistrano found and determined that the planned purchase of the PARCEL, located at
the southwesterly corner of Del Obispo Street and Ortega Highway, as generally shown on
the attached Exhibit A, is in conformity with the City's General Plan; and,
WHEREAS, in order for the City to purchase the PARCEL ,the City must enter into
the Purchase and Sale Agreement with Caltrans included in general form as Exhibit"B" of
this Resolution; and,
NOW, THEREFORE, BE IT RESOLVED, that:
1 . The Purchase and Sale Agreement included as Exhibit "B" to this Resolution is
approved in substantial form; and,
2. The City Manager is authorized to sign the final Purchase and Sale Agreement on
behalf of the City of San Juan Capistrano; and,
ATTACHMENT 2, Page 1 of 11
3. Prior to development or improvement of the PARCEL, the appropriate California
Environmental Quality Act documentation, review, and approval is required.
PASSED, APPROVED, AND ADOPTED this 31d day of April 2018.
SERGIO FARIAS, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
ATTACHMENT 2, Page 2 of 11
to HW'y
r •
•Y �
t ra ns P..-.x ess Pa ir.el
10251* 6-01 -01
all
Del Obispo
T ac o B ell f
EXHIBIT "B"
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DD 102506-01-01
In this Agreement dated by and between the City of San Juan Capistrano,
hereinafter known as "Purchaser" and STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter known as "Seller",the parties agree as follows:
For the sum of Seven Hundred and Sixty Four Thousand Dollars, ($764,000), Purchaser hereby
agrees to purchase and Seller hereby agrees to sell:
In the City of San Juan Capistrano of the County of Orange, State of California, being that
of Parcel 102506-01-01 as described in Final Order of Condemnation recorded August 22,
2016 Instrument Number 2016000396865 of Official Records, in the Office of the County
Recorder of said Orange County, State of California, and legally described in Director's
Deed #DD-102506-01-01 (hereinafter referred to as:the "Property") as shown in a form
similar to Attachment 1.
Subject to the following conditions:
Purchaser agrees to tender with this Agreement a non-refundable deposit of Seventy Six Thousand
Four Hundred Dollars($76,400). This deposit is clue on or before The
balance of the purchase price, Six Hundred and Eighty-Seven Thousand Six Hundred Dollars
($687,600) shall be paid no later than Thirty (301 calendar days from written notice the
California Transportation Commission (CVC)has approved'ft Director's Deed covering the sale.
All payments shall be.made to State of California, Department of Transportation and mailed to
State of California, Department of Transportation, Office of Right of Way, Excess Land Sales,
1750 E. 4`h Street, Suite 100,Santa Ana, CA 92705.
Liquidated Damages: THE PARTIES AGREE THAT THE TOTAL DEPOSIT AMOUNT IS A
REASONABLE SUM FOR LiOUIDATED DAMAGES SHOULD THIS TRANSACTION FAIL
TO CLOSE DUE TO A MATERIAL BREACH OF THIS AGREEMENT BY PURCHASER, IN
THAT,WHEN CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF
THIS AGREEMENT, IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO
FIX THE ACTUAL DAMAGES. EACH PARTY AGREES THAT THE FOREGOING
CONSTITUTES LIQUIDATED DAMAGES AND NOT A FORFEITURE OR PENALTY.
I1
Purchaser understands and agrees that this sale is subject to the approval by the California
Transportation Commission (CTC). In the event that the California Transportation Commission
fails to approve this sale, all monies heretofore paid by the Purchaser will be refunded without
interest.
rIof6
ATTACHMENT 2, Page 4 of 11
EXHIBIT "B"
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD 102506-01-01
III
Seller is willing to process this sale at no charge to Purchaser, except for the items set forth in
paragraph IV below. Purchaser, at its option,may open an escrow at its own expense. Seller will
pay no escrow fees.
IV
Purchaser agrees to pay any and all recording fees, documentary stamp tax and monumentation
fees chargeable by the County Recorder. At a later date Seller will request that these fees are
forwarded, and Purchaser shall submit said fees to Seller upon demand.
V
The Property is believed to be free of any liens, court judgments, loans, Deeds of Trust, and
delinquent or unpaid property taxes. The sale of the Property is subject to all matters of public
record and any easements, or reservations not of record or that which is reserved by Caltrans.
Caltrans does not assume any liability for any possible encumbrances on the Property.
Purchaser understands and agrees that the right, title and interest in the Property to be conveyed
shall not exceed that vested in the State of California and that Seller will furnish no policy of title
insurance. If a policy of title insurance is desired, Purchaser shall "obtain one, at Purchaser's sole
expense.
VI
The Property is being sold "as is" and is being conveyed subject to any special assessments,
restrictions, reservations or easements of record and subject to any reservations contained in the
Director's Deed. Purchaser may examine any information Seller has relative to these matters.
Purchaser acknowledges and agrees that:they are acquiring the property in its present state and
condition as of the date of this Agreement, with all defects, both patent and latent, and with all
faults of the property whether known or unknown, presently existing or that may hereafter arise,
including, without limitation, all existing conditions, if any, of lead paint, mold or other
environmental health hazards. purchaser acknowledges and agrees that Caltrans has not made,
does not make and specifically negates and disclaims any representations,warranties,promises,
covenants, agreements or guarantees of any kind or character whatsoever, whether express,
implied,oral or written, past,present or future,of,as to,concerning or with respect to the condition
of the property.
Caltrans makes no representation regarding the potential for development, subdivision, zoning, or
re-zoning of the Property. Purchaser shall be responsible for compliance with any and all local
codes and ordinances for permitted land uses of any kind.
Page 2 of 6
ATTACHMENT 2, Page 5 of 11
EXHIBIT "B"
STATE OF CAL[F'ORNtA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD 102506-01-01
VII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement
or to secure the performance hereof,each party shall bear its own attorney's fees. Purchaser agrees
that the title to the Property being conveyed shall not pass until the Director's Deed has been
recorded. Purchaser shall also not take possession of the Property until the Director's Deed is
recorded.
VIII
Purchaser shall defend, indemnify, and hold Seller and Seller's elected and appointed officers,
agents and employees free and harmless from and against any and all liabilities, damages, claims,
costs and expenses (including without limitation, attorney's fees, legal expenses and consultant's
fees, and investigation and remediation costs) arising in whole or in part from the existence of
hazardous substances, or hazardous substance conditions (as defined below). This indemnity is
intended to address that liability for which Seller may be responsible arising solely out of its mere
ownership of the Property. This provision shall survive transfer of title to the Property and any
rescission of said transfer.
Purchaser shall not assign all or any part of the Purchaser's interest in this Agreement without first
having obtained the written consent of Caltrans. Any total or partial assignment shall not relieve
Purchaser of Purchaser's obligation to this Agreement.
"Hazardous Substance"•shall mean any substance whose nature and/or quantity of existence,. use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the
Comprehensive Environmental Response Compensation and Liability Act or Resource
Conservation and Recovery Act as now in effect, "Hazardous Substance Condition" shall mean
the existence on or under said Property of it hazardous substance that requires remediation and/or
removal and/or to be otherwise mitigated pursuant to applicable law.
IX
The Property and the fixtures and personal property contained therein, if any, are not new, and
have been subject to normal wear and tear. Purchaser understands that Caltrans makes no express
or implied warranty with respect to the condition of any of the Property, fixtures or personal
property. Caltrans makes no oral or written representation regarding the age of improvements, the
size and square footage of the parcel or building, or the location of property lines. Apparent
boundary line indicators such as driveways, fences, hedges, walls, or other barriers may not
represent the true boundary lines which may only be determined by a surveyor. If any of these
issues are important to Purchaser's decision to purchase, then Purchaser should investigate the
Property independently. Purchaser acknowledges that it has not relied upon any representations by
Caltrans with respect to the condition of the Property, the status of permits, zoning, or code
compliance. Purchaser is to satisfy itself concerning these issues.
Page 3 of 6
ATTACHMENT 2, Page 6 of 11
EXHIBIT "B"
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGRI ENILNT - REAL PROPERTY — DD 102506-01-01
If the improvements of the Property are destroyed, materially damaged, or found to be materially
defective as a result of such damage prior to Close of Escrow or approval by the CTG, Purchaser
may terminate the transaction by written notice delivered to Caltrans, and all Deposits shall be
returned to Purchaser.
X
Each party represents and warrants to the other party that no broker or finder or other real estate
agent is entitled to any commission, finder's fee or other compensation resulting from any action
on its part. Purchaser and Caltrans each agree to indemnify the other and defend and hold harmless
the other party from and against any loss, cost, or expense, including attorney's fees, incurred by
such party, and against any claims, causes of action or the like brought by any broker, finder or
similar agent for a commission or fee on account of this Agreement.This section does not prohibit
a Purchaser from obtaining a broker at their own expense.
XI
If any legal action, arbitration or other proceeding is brought involving a dispute between the
parties or arising out of the execution of this Agreement or sale of the Property, the prevailing
party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or
proceeding, in addition to any other relief to which such party may be entitled.
X11
Each party agrees to perform any further acts and execute and deliver any documents that may be
reasonably necessary to C�rly out the provisions in this Agreement.
,III
This Agreement is for the sole benefit of the parties hereto.There are no third-party beneficiaries,
intended or otherwise.
XIV
All notices,requests,demands,and other communications under this Agreement shall be in writing
and shall be deemed to have been duly given on the date of service if served personally on the
person to whom notice is to be given or, on the second (2nd) day after mailing if mailed to the
party to whom notice is to be given, by First Class Mail, registered or certified, return receipt
requested, postage prepaid and properly addressed as follows:
To Caltrans at: State of California Department of Transportation, Right of Way Excess Lands
1750 E. 4"' Street, Suite 100. Santa Ana, CA 92705
To Purchaser at: City of San Juan Capistrano,Attn: Benjamin Siegel, 32400 Paseo Adelanto, San
Juan Capistrano, CA 42675
Page 4 of 6
ATTACHMENT 2, Page 7 of 11
EXHIBIT "B"
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY —DD 102506-01-01
Any party may change its address for purposes of this paragraph by giving the other party written
notice of the new address to the other party contained herein.
XV
This Agreement has been negotiated and entered into in the State of California and shall be
governed by, construed and enforced in accordance with the laws of the State of California and
according to its fair meaning, and not in favor of or against any party.
XVI
If any provision of this Agreement is held invalid or unenforceable by any court of final
jurisdiction, it is the intent of the parties that all the'other provisions of this Agreement be construed
to remain fully valid, enforceable and binding on the parties.
XVII
All covenants, representations, warranties, and other agreements under this Agreement shall
survive the Close of Escrow.
XIII
Time is of the essence and performance of this:Agreement in respect to all provisions of this
Agreement that specify a time for performance, and failure to comply with this provision shall be
a material breach of this Agreement.
XIV
If any date by which an election or a notice must be given falls on a Saturday, Sunday or holiday,
then the date by which an election or notice must be given is extended to 5:00 p.m. on the next
business day following such Saturday, Sunday or holiday.
XX
No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one
breach of a provision hereof shall not be deemed to be a waiver of any other breach of the same or
any other provision, including the time for performance of any such provision. The exercise by a
party of any remedy provided in this Agreement or at law shall not prevent the exercise by that
party of any other remedy provided in this Agreement or at law.
Pu5of6
ATTACHMENT 2, Mage 8 of.11
EXHIBIT "B"
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY — DD 102506-01-01
XXI
This Agreement supersedes and replaces any and all previous agreements of any kind, This
Agreement shall be binding on,and shall inure to the benefit of,the parties to it and their respective
legal representatives, successors, and assigns.
The terms and conditions of the above Agreement are hereby accepted, subject to the approval of
the California Transportation Commission.
Purchaser: CITY OF SAN JUAN CAPISTRANO
Purchaser: DatL:
Signature
BENJAMIN SIEGEL
City Manager
City of San JUiin Capistrano
SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
Recommended For Approval
By: _ Date:
Ernesto Martinez
Right of Way Agent
Excess Land
Approved
By: Date:
Ricky Rodriguez
Office Chief
Office of Right of Way & Land Surveys- District 12
Pa e6of6
ATTACHMENT 2, gage 9 of 11
EXHIBIT "Bit
Space above this line for Recorder-s Use
DIRECTOR'S DEED District County Rare Postmlle I Number
GRANT [Dist] [Cnty] [Rte(s)] (PM] [Document Number]
The State of California, acting by and through its Director of Transportation, hereinafter called STATE,
hereby grants to
[Enter Vesting Ownership],
hereinafter called GRANTEE, that real property in the [Enter name of city or unincorporated area]
County of[Enter name of county],State of California,described as follows
See Exhibit(Enter reference to exhibit],attached
Include additional clauses(Section 6.10.00.00 and Section 6.13.04.00 of this manual),as needed.
Subject to special assessments if any, restrictions,reservations,and easements of record
Include additional Certificates and Statements(Section 6.09.05.00 of this manual),as needed.
MAIL TAX
STATEMENTS TO.
Director's-Deed-Grant 3/2015
Attachment 1 to Exhibit "B"
ATTACHMENT 2, Page 10 of 11
EXHIBIT "B"
Numhor
[Document Number)
This conveyance is executed pursuant to the authority vested in the Director of Transportation by
law and, in particular,by the Streets and Highways Code.
STATE OF CALIFORNIA
Dated DEPARTMENT OF TRANSPORTATION
APPOVED AS TO FORM AND
PROCEDEURE
By
ATTORNEY Director of Transportation
DEPARTMENT OF TRANSPORTATION
Certificate of Execufion Required
for all Director's Deeds By
Attorney in Fact
rr�s Spxe74esetvpa rrn
4Nl/M/hB M13nspuiiflbulr i;rLrnrussr
ertrAreuon
DIrector's_Deed_Gren1 312015
Attachment 1 to Exhibit°B"
ATTACHMENT 2, Page 11 of 11
STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION Page 1 of 4
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT— DISPOSAL
ENV-0001-D(REV 03/2004)
This document provides wrttten disclosure that the referenced Property as shown on the rnap(sl attached, has peen reviewed by the District Hazardous
Waste Techrncat Staff (ionated in Environmental or Environmental Engineering) and provides direction regardmc prooeny disposal oared upon that
review
4,2i'20I 6 12/011/5!7419,5-9.8/0.0-0.2
DATE DIST/CO/RTE/PM
F120050-02 _ 0E;10
APPRAISAL MAP NO EA
5101'2014 isnusal of Tracers Lund un C)rte!�a}3ighwa�
MAP DATE PROJECT NAME OR DESCRIPTION
ACTION SUMMARY
These Parcels Can Be Sold or Exchanged
RW PARCEL NUMBER(S)
These Parcels Can Be Solo or Exchanged With, F.ull_Information tDisciosure_
RW PARCEL NUMBER(S)
102506-01-f)I
These Parcels Can NOT Currently_Be,Sold.or Exchanged
RW PARCEL NUMBER(S)
See subsequent pages for detailed information regarding property condition and status.
Form prepared By: f� 4 �'� l 'Ij 1'
Approved by District Hazardous Waste Supervisor Date
ATTACHMENT 3, Page 1 of 13
STATE 0r.:AUFORNIA.• DEPAPTIVIENT OF TRANSPORTATION Page,of c
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT— DISPOSAL
ENV-0001-C)(REV 0312009)
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT- DISPOSAL
DETAIL
Parcel #s
( i 1. Based upon an initial Site Assessment, the referenced parcel(s) are considered free of
significant hazardous materials (describe potential sources of minor contamination in the
Comments section)_ Subject parcel(s) can be sold or exchanged
2. The referenced parcel(s) do not require cleanup cost estimates but have been identified as
having
(a) minor soil contamination A, nazaraous waste Site Investigation [` has; G has not] been
performed on the referenced parcel(s) (if not performed explain the source of knowledge In the
Comments section) Subject parcels) can be sold or exchanged,
(b) contaminated groundwater under the property A hazardous waste Site Investigation
f❑ has i ❑ has not] beer performed on the referenced parcels) (if not performed explain the
source of knowledge in the Comments section) The source of contamination has been
determined not to be attributed to the Caltrans property or operations (an indemnification letter
from the local, state or federal regulatory authority[___7J is! ❑ Is not) attached) Subject parcel(s)
car be sold or exchanged.
(c) contaminated groundwater under the property. A, hazardous waste Site Investigation
[❑ has 11 ❑ has not; been performed on the referencec carcel(s) (if not performed explain the
source of knowledge in the Comments section), However the source of contamination has beer:
removed o, remediated to regulatory cleanup levels ;attach closure letter). Subject parcels) can
be sold or exchanged with full information disclosure
(d) lead soil contamination, probably as a result of aerial deposition of vehicular gasoline
emissions A pro iect specific hazardous waste Site Investigation [❑ has ! El has not] been
performed on the referenced parcel(s) (if not performed explain the source of knowledge in the
Comments section) Subject parcel(s)car), be sold or exchanged with full information disclosure.:
(e) hazardous materials previously present on the referenced parcels) that have been
sufficiently remediated A hazardous waste Site Investigation [❑ has r' ❑ has not] been
performed on the referenced parcel(s) (if not performed explain the source of knowledge in the
Comments section) A regulatory closure letter, if appropriate, is attached The Subject parcel(s)
can be sold or exchanged with appropriate and full information disclosure and/or deed
restrictions
ATTACHMENT 3, Page 2 of 13
STATE OF CALIFORNIA-DEP ARTMENT OF TRANSPORTATION nage 3 of a
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT — DISPOSAL
ENV-0001-D(REV 03/20091
j 3. Th!s document Includes as an attachment, a hazardous waste Site Investigation report stating
the nature and extent of contamination and cleanup cost estimates for the referenced parcels)
However cleanup is not required pursuant to State or federal law. The subject parcel(s) can be
sold or exchanged with appropriate and full information disclosure and/or deed restrictions
4. This document includes the hazardous waste Site Investigation work schedule or cleanup plans,
schedule, and current status for the referenced oarcel(s) as an attachment The work will be
completed by [❑ Caltrans / ❑ a responsible party]. The subject parcel(s) can not be sold or
exchanged until remediation Is complete The District must request a Category 2D
Environmental Hold on the subject parcel(s) (Note: Attach this Hazardous Disclosure Document
—Disposal to the Application to Hold Excess Land request form—Rw 16-3)
15. The referenced parcel(s) have been identified as containing or potentially containing hazardous
materials and cannot be Sold or Exchanged The District must request a Category 2D
Environmental Hold on the subject parcel(s). (Note Attach this Hazardous Disclosure Document
— Disposal to the Application to Hold Excess Land request form — Rw 16-3) The Hazardous
Materials Disclosure Document - Disposal will be updated when the parcel can be sold or
exchanged In addition
( ) (a) an appropriate hazardous waste Site investigation must be performed to determine the
nature and extent of contamination, and remedial cost estimates Proper charging codes and
expenditure authorization (EA) need to be provided to the District Hazardous Waste Technical
Specialists Site Investigation is anticipated to be completed by (date).;
( I (b) a hazardous waste Site Investigation, for potentially contaminated adjacent property, will be
scheduled by the District Hazardous Waste Technical Specialist when e permit to enter is
obtained by the District/Region Right of Way Office. Tile permit request was submitted on
(date) and the Site Investigation is anticipated to be completed by (.date)..
} (c) hazardous waste Site Investigation studies are complete and either a regulatory case is
being obtained or the site requires cleanup or long monitoring Resolution is expected by
(date)
(102506-01-01 } 6 Other Explain in the Comments section below. (NOTE: Disposal of property without adequate
investigation is an unacceptable risk. If adequate investigation has not been completed. use#4
or#5 above)
Comments
This parcel is used to ht pari of the Jack In the Box Preget, that wa., located at 26942 Ortega lhahwa%. San Juan
C:anistrayo. Thr pro rt% Was acquired b% Caltrans and was-demolished prior to the start of the 1-5!SR-74 cnnstntcticin
rty act 1-he rite iti bice W io Lhe wt:st of former Chevron seryviicc station that was io,:atcd at 26988 Oneaa Hiohww, Snil
and uround water beneath of this gas station k4-as contaminated with netrolcurn products. Chevron went through a
reniediatior, and :dean-un Process and as a result. it Granted a closure teller from the California Regional Water
t)ualim Control Board (CRWC)B) on A1121LISt 8. 201" tree the attachments. Lour na es; . The i)iitial Site Assessment
ATTACHMENT 3, Page 3 of 13
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION page d of 4
HAZARDOUS MATERIALS DISCLOSURE DOCUMENT— DISPOSAL
ENV-0001-D(REV 0312009)
h I. Lo l the t was rr tsrared by Nilly(,6 NiC7r►t`e in Matrch 'illy,uoiujuded tlta#i_lateral (BIFIC11"0011 01"the�;li,01iltc l)ltrrttt�Ir(jtn
Clsevr tt masks[?ha�ae imp<sctecl the sn:l anti _rt'(�nnd►latttc att_I►e arse.\ lti the E3ns_site. E In►vcr:r,z it ►►°a; in�icatcd
ams:_ CPW'(JB tSytld at clmure letter- cc) the fornw— Chevron. According to the "Low-Threat Onsurc -Request Room"
darted April 26.2013013. urepared b\ Flo1gui>r, Fahaln A Associate%. Inc.. the direction of wafter table well,.,; has averaged
sautlt►uar[I._ ConsiitcritrL the direction of the yr tndwatei flet.► s irulld th r_w fir att��CVU1td�ace�cUntat7ilrtatti►tt. It ►v(�u1rJ
be Or I(xrx 110GtC311 tktftt Ino l_i_i i► etiarulc Hirt—regi-ire anx remediiatign Aiso. there is iw evidence that{ ant coniziminatiot
intim relca.ed q to he site.Additionalk,a former Tesco service ,aakin that -viw;r-edevekipe l in 194( and is currentiv used
as h Haven parkin{ kii for the Cin of' San_.lean C:alaistr iliti, is located at the wev_sae of the propetl , Soil and
erroua twain-at this service station waa_s aisi,_ccintaininalyd with petrcihemil III-oducts. ` lli smice station was granted .t
case closure on 10/412006. Review of the GeoTracker- that is the State Board-s lnrernet-accessible database system
it1digares thta,_ti►e Jacf: ltt {lie Um nrol2ert was not im nuc{ ted by the (it minati 2lunie at Texaeii. Tiierctc+rc. tltic ;ire
cau by c(rn%ndcr::d free of signi6icant-_Hani-dous Waste contamination and it caiii he solei or mchunged with fuh
information disclosure.
ADA Notice -or indwiduals witn sensory disabilities.this dominent is avaiiable in alternate tormals For information;all(916)654-64iC or7DD(916)654 3860 or write Records
and Farms Management t 120 N Street MS-B9,Sacramento,CA 9
ATTACHMENT 3, Page 4 of 13
I A((Kar WTI&KI,rru..r• r.r!n r..Nf+N N,.itr. CALTrAN68AT EAG.SDdY6YOL TDD CDLEYIM
®or A(QYDYMA( t—TDANSD=GNYA'C—E)t:DAVID LAN
�~�4r OErut I. si[iieoe Evs prew:orrrevs CALT SNM'6JNG.0 .GREG GRANT
NJr—1-1
dti_ / W M• r I[d rFH+w`r+wfl Jirr M YfrK rw' IEE SHEET I RICHT Of AT NOTJ5' NF"Srael.oer[r
.�.. f i t '..•i''"i. "'" ` ,�'[i.i'u mK n(o�oJxcaor"�Ii.,n• (ro:vl.
ti W II� rN r(T nIr xwos rxlx(n ra/Jr[el«W,rJ( H aH/[r
"t A•.� N � /�
011-1' � 0�Inr Nrlox.,„.rrrn vlss[a nn
[ •v
rr[xv+
Mr sr r ,a
®!n r Ja KNr Nr rJY •Nx r,w
[NMY[rldLfr `. �a/«y � ®n.•rrrr4 n r • r.w[rlr.
.":,,- '::: °'�� -6"•'� � ram J =.t � 7s�� -® � :I�.n"�:r•r:::S(,.r., u..r r�N[�.....K ..(,,.,
Y Or' gINY �K ,r, ,IKIfi
. - •rLv r rtrriiuN rs ®>~an Nt n K+!Nr.�,
11, �P,fir,, W
_ ®M IK[r wI II<[yr„NY RaW
?r T•--�'—�� 'r'"J••� � '^�_r � •r• �MNtI^+JUYrJ�un,Y tie ra r.sretxox•MI x(M.#r
___-_ L as s; v.J `•_�'' �riw ut n��en rno?d Wp�stl ... .aa nl..•.�..,Jr.
'�� a. lar OC 'C ate • Yd 6� > 1,11e'
1
m—''�_ ` '��+ r+f. t °t� � zE'J+�r� rn wv - � '�1[...+.n(ra s•»(w.wJe.
a r Tn au, "h'• ^"r ta, ,n-�0n v sc�(�-'1 m s_1L N[..Arw»r J!I,rrrN+«w.aur-r.W.r..l..
.e.». .t_1�� ter / •- � a G,` �»..+rr•.w(.rr rwrrs..•,r.+J(>...r r J n..,-
��.._
trr.lFy1- ®['N rrrJarNr•.I TrT r!D NM+(r M.(.Nw.Mf
IN,
—9'Z' lir.•,ryr :yr -•rr he ro •x.v[.(rua«r.«.Iw or.r.a[seJ art,.rr..,.,xs.:r,
yt rp r"v. rNFY� #lYShcL.tr f 1
u 9 MN j ,, - ! 1
3 I,FYP;��l-_ • ��� �/ .�A•!^r(».E1! .-t' ^-- � �C9U �-.wKAr r.+rc(.r N-
QD
il�sc�-i+
�( H.rJ / f y k�;,C `*` - :s:l �r•.r....."�.......rr.rxs.�
H.,
r�
r .„ ma m; r
D ;W _ -- -� "ate
_ . ff
(oft. ISI A[!!A[IELS
— W [ Y�Ns. Yl Tr wn•r--.
mt ,,.I' (}1 --� �, rra•qs+rr.n : eP ulrYw raAn'noat(#oH.HnauuYaro.crHcr
p.t A Anv£xror rr,,v[rorrenon-oiaru(rn.LnrLxwxiYAJHc
r ea n• ,,, ra[•rr
� n N Jr ,rz KrJJ rr. AN,
_ Jrra NI•ra
"'A. NRIGHT OF WAY
i r _ ! a b Y[ APPRAISAL MAP
J_ . R I: DIrALs NO.E120080-02
r,.r
(../,[.
p8
� - rrr+ ''#•.q,� -rIt.KJNa i!'-._-__ wr asrsnr•moaava roou,H.rr�.Acunw:.nr[.Hr�
'�rlr[ :! , dar [.wnnr rcboaHa-oNr000,wHanl+c,oYJ
� Ja ! 9t,�iNy-oa aru^� A rYOAUR,RYrAl yi�rLorarw(sJ•-Jr'1
Wr«•u sr _ Nt•Jr 1 1' f _
/ OHa0Sf1
NAM
r r r •Ktial'EFF
u-Xrts I(r GJ ruN.u rY- t; r1fJ:I(r/.N,(Y/�N.Or Pff uNI il''T•- r I!N •r4•lOafO af[ •1 (;1[Y+1 Nua a.axe 'rftr Z%?tri' �-sr,aY�e�f[(L "r-5C Yl1ORI IIOI/++ i.1 7Z/70!0.2
D.Y !--6A —
vL
pNNNINCNN`—NS r ! I I
aNlNlrxJ.rYAurraCYta L � — 1. r Ny ofvo ApJ<J[A[r,Ktmeoazoon ryry(ty a;rr9nmo
- n.Ww/NllJ—I--
HORNO CREEK f� f
COAL MALPROPESSIDNAL OFFIM —
GROUNDWATER ELEVATION ZONE A
GRADIENT,0 OZ
� aSPENSCR � � 1
ITLANW
SERVICE STATION(9-8718 z_._"' •�Fn'r 05
I
AST 1
PARIQI6 LOT JAG141N-IiEB01f
GAsmom
UsTl
0 4 AROVB
ewLDWa e \
J e
DEL TACO
E i ion
��
MW.40 6mks JA�
W{TORG TOWN CENTER PARK � I
MARIE 1
If I
DALLENDERB
DENM,LT I
HARDWME I I
• NW �g{OW MW11A
3AY•IAA
INTERSTATE 5
"c smw« J
2A1AlPN0
A
f�r RRE{TATION F7,.fi, / MIpN{PARKING LOT
\\\ ff LTjI 16A
7/300,
VAY-155 6CAll N FEET
WELLS MOMTORED ON, 2'7.2012 AND AUGUST7-10,2012 STFWMALL
EXPLANATION CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY
e IO MTDRND WELL
ABANDDIED WELL FIGURE 7-GROUNDWATER ELEVATION{
FOR THRID GUANTER 2012-ZONE A
l.ptf141A OF OPO~ATEA
ID-ELEVATION FIN 4511 FORMER SERVICE STATION 002710
-►GROUNDWATER FLOWDIREOTION 26M ORTEGA HIGHWAY
SAN JUAN CAPISTRANO.CALIFORNIA
/ GROUNDWATER FJEVATgN{Iee1-MAF
ROLGUaI,FAHAN at A8604CIAT68,INC.
REVISION DATE:,"-.15.2D17:0ING ATTACHMENT 3, Page 6 of 13
26942 Ortege Highway, San Juan Cap1*arX-N-CA Map Address
GEoTFtAckj-f,-R
MAP-Eky-E.--
VMLeong Underground
Shit,, ge Tank(LUST)
Cleanup Sites
R ECleanup Program Sites
• W 01-and Disposal Sites
9 DMilitarySites
R 0WDR Sites
W Eirripted LandwRegulatofy
PrograrM ';w j.-
0 EPermitted Underground
Storage Tank(UST)
Facilities
El Moil and Gas Monitoring
0 []Non-Case Information
Project Sites Vi-il
11 []Sampling Points-Public
96 Field Points
0 IL DTSC:Cleanupites 26,942 Ortega Hwy, San Juan Capistrano, CA 9267
> El A DTSC Haz Waste Permit LIMIT TO SITES WITHIN 1000 FEET OF THIS LOCATION
0 13 DVVR Groundwater Beans-JUM
> El 0 Public Water Systems-y=
0 SIGNIFIES'ft---—L0--SED SITE
mumure a Distance View on GSA
M
z
V)
Lj aa
CD
—4rK
0
h lip 919
+ SITES CURRENTLY VISIBLE ON MAP M map a910&txftP
11 if, 4 ----- -I j.. I.......n e- /-N1%I e
F`ba�-as �.
:-,1forr*a a Tonal � �ter C�ualityr control Board, Sar Diego Region
August 8, 2013 In reply refer to/
T0605902510:smcclai n
Ms. Natasha Molla
Chevron Environmental Management Co.
145 S. State College Boulevard
P.O. Box 2292
Brea, California 92822
Subject: No Further Action for Chevron#9719, 26988 Ortega, San Juan
Capistrano, California
Dear Ms. Molla:
The enclosed Uniform Closure Letter' confirms the completion of a site investigation and
corrective action for the underground storage tanks formerly located at the above-described
location. However, be advised that any land use changes may require reevaluation to
determine if the change will pose an unacceptable risk to human health. Any contaminated
soil or groundwater encountered at the site must be managed in accordance with the legal
requirements at that time.
For appropriate post-closure handling of monitoring wells, within 60 days from the date of this
letter, either complete and submit the monitoring well decommissioning application with any
appropriate permit fees to the attention of the County of San Diego, Department of
Environmental Health (DEH), Monitoring Well Permit Desk or, if you intend to utilize these
wells, then submit a letter of such intent to the County of San Diego DEH, Well Permitting
Desk. The application form can be found at the following website:
htto://ocheaithinfo.com/eh/water/well/forms
In the subject line of any response, please include the reference number:
T0605902510:smcclain. For questions or comments, please contact Mr. Sean McClain by
phone at 858-627-3988, or by email smcclain(a)waterboards.ca.gov.
Respectfully, r
DAVID W. GIBSON
Executive Officer
'The content of the Uniform Closure Letter is prescribed by section 25296.10(g)of the California Health and Safety Code
To,w,WRA,FS.c.0,,K I DAVID&8bs N tnlUfnvh OFF--
9114 Sky Park Court,Saito 100 San Diego,CA 91123 1 fAtA1 467.29521 V I gJ Page 8 of 13
A
Ms. Molla -2- August 8, 2013
Enclosure: Uniform Closure Letter
CLC/SWHT
co(sent via e-mail):
Mr. Juan M. Garcia, Chevron U.S.A., Inc., JuanGarcia(a).chevron.cc m
Mr. Steven H. Edelman, PhD, Holguin, Fahan &Associates, Inc.,
Steven E-Je rnar�hfa.com
Mr. Jack Fraim, Principal Hydrogeologist, Cedar Creek Consulting,
cedarcreek,cv ciirection;;on.net
Tech Staff Info&Use-�
GeoTracker Pally ID 70605902510
Tows MCF..__,CHAR I DAVID i� CN FKFQ_MVE,*FX:ER
9174 Sky Park Zoe t,StdW 100.San Dleg:s,CA 92123 1 1859)44 •aui2A.T"TAGPWEN—,&,-Page 9 of 13
w
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
CALIFORNIA HEALTH AND SAFETY CODE SECTION 25296.10(g)
UNIFORM CLOSURE LETTER
Issued Date: August 8, 2013
Facility Name: Chevron 09-8719
Address: 26988 Ortega
San Juan Capistrano, California
Contact Name: Ms. Natasha Molla
Case Number: T0605902510
Dear Ms. Moila:
This letter confirms the completion of a site investigation and corrective action for
the underground storage tank(s)formerly located at the above-described
location. Thank you for your cooperation throughout this investigation. Your
willingness and promptness in responding to our inquiries concerning the former
underground storage tank(s)are greatly appreciated.
Based on information in the above-referenced file and with the provision that the
information provided to this agency was accurate and representative of site
conditions,this agency finds that the site investigation and corrective action
carried out at your underground storage tank(s)site is in compliance with the
requirements of subdivisions (a) and (b)of section 25296.10 of the Health and
Safety Code and with corrective action regulations adopted pursuant to
section 25299.3 of the Health and Safety Code and that no further action related
to the petroleum release(s) at the site is required.
Claims for reimbursement of corrective action costs submitted to the
Underground Storage Tank Cleanup Fund more than 365 days after the date of
this letter or issuance or activation of the Fund's Letter of Commitment,
whichever occurs later, will not be reimbursed unless one of the following
exceptions applies,
• Claims are submitted pursuant to Section 25299.57, subdivision (k)
(reopened UST case); or
• Submission within the timeframe was beyond the claimant's reasonable
control, ongoing work is required for closure that will result in the
submission of claims beyond that time period, or that under the
circumstances of the case, it would be unreasonable or inequitable to
impose the 365-day time period.
ATTACHMENT 3, Page 10 of 13
Ms. Molla 2 August 8, 2013
This notice is issued pursuant to subdivision(g)of section 25296.10 of the Health
and Safety Code.
Please contact our office if you have any questions regarding this matter.
Sincerely,
DAVID W. GIBSON
Executive Officer
OWG:dc:sm:ht
ATTACHMENT 3, Page 11 of 13
���• l � t' �� � A r r t' J�, r. '
777 r 1 ' ,I �J. (r ':7_/ Y��..�• y .+
I ,
- r ' Ir'r by 1: '`i1.1 i ` • '� ^�'k %lt
S
}1Ok
" A�+• .
.���, - III ' ,x+ r�. Y ' •`I1 ; -
�: -x'!'71 r, �,•' l�
T'TAC H M E
al
1
!� I
Q�
�v
1 '
� � 5
7�i hr i
1 \
ATTAC;I-VENT 3„ PagO,12k' 13 `, ':