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97-0415_CAPISTRANO UNIFIED SCHOOL DISTRICT_Real Property Partition Agreement0 0 REAL PROPERTY PARTITION AGREEMENT THIS REAL PROPERTY PARTITION AGREEMENT (this "Agreement") is entered into this 11nday, of /-}pr, l , 1997, by and between the SAN NAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency"), and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation (the "City"). The following recitals are a substantive part of this Agreement. A. On or about March 5, 1991, Agency purchased from Kinoshita Properties ("Kinoshita") an approximately 56.45 acre parcel of real property (the "Site") located in the City of San Juan Capistrano and more particularly described in the Site Plan attached hereto as Attachment No. I and incorporated herein. B. Concurrent with the Agency's purchase of the Site from Kinoshita, Agency and City entered into an Agreement for Sale of Property which provided, among other things, for the purchase by City from Agency of a four-fifths (4/5) undivided interest in the Site. Agency and City currently hold title to the Site as tenants-in-common, with Agency owning a one-fifth (1/5) undivided interest and City owning a four-fifths (4/5) undivided interest. C. As envisioned by Agency and City at the time they entered into the Agreement for Sale of Property, Agency now desires to sell an approximately seven (7) acre portion of the Site to the Capistrano Unified School District (the "School District") for development and use as an elementary school. D. In order to effectuate the sale of a portion of the Site by the Agency to the School District, Agency and City now desire to partition their undivided interests in the Site as follows: (i) Agency desires to convey to the City its one-fifth (1/5) undivided interest in that approximately forty-nine and twenty-one hundredths (49.21) acre portion of the Site (the "City Parcel"); (ii) City desires to convey to Agency its four-fifths (4/5) undivided interests in that approximately seven and twenty-four hundredths (7.24) acre portion of the Site (the "Agency Parcel"). NOW, THEREFORE, Agency and City hereby agree as follows: 1. Partition of the Site. (i) Agency shall convey to the City Agency's one-fifth (1/5) undivided interest in that approximately forty-nine and twenty-one hundredths (49.21) acre portion of the Site (the "City Parcel") more particularly described in the City parcel Legal Description attached hereto as Attachment No. 2 and incorporated herein, and (ii) City shall simultaneously convey to Agency its four-fifths (4/5) undivided interest in that approximately seven and twenty-four hundredths (7.24) acre portion of the Site (the "Agency Parcel") more particularly described in the Agency Parcel Legal Description attached hereto as Attachment No. 3 and incorporated herein. c:\wpwin60\wpdom\ms&partitio.ag -1- 04/10/97 0 r1 u 2. Recordation of Grant Deeds. Agency and City shall effectuate the above- described partition of the Site through the simultaneous recordation with the Recorder of Orange County, California appropriate grant deeds. 3. Parcel Values. The parties have obtained and examined an appraisal of the Site and hereby agree, on the basis of such appraisal and of further investigation by each party, that the value of the City Parcel is equivalent to four-fifths (4/5) of the total value of the Site and the value of the Agency Parcel is equivalent to one-fifth (1/5) of the total value of the Site. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY: CITY OF SAN JUAN CAPISTRANO, a California munici I corporation By: David M. Swerdlin, Mayor ATTEST: By: Cheryl John on, Ofty Clerk APPROVED AS TO FORM: LN John R. Shaw, City Attorney AGENCY: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and otitic By: Wyatt H Chairman A EST: Cheryl John n, 4ency Secretary APPROVED AS TO FORM: John R. Shaw, Agency Counsel a\wpwin60\wpdocs\cusd\paRiBo.ag -2- 04/10/97 �' • ATTACHMENT 1 (Page 1 2) N —Tz �a• Zj7-899 LI ti H D h4- �� W $ ZQi� p Obi R a � • ATTACHMENT "1" (Page 2 o* EXHIBIT "A" DESCRIPTION OF PROPERTY The East 60 acres of all that portion of the hereinafter described land lying Easterly of the center line of McKinley Avenue, as described in the Deed recorded February 17th, 1897 in Book 29, Page 389 of Deeds. Beginning at a stake at the Southeast corner of the Northeast quarter of Section 11, Township 8 South, Range 8 West, San Bernardino Base and Meridian; thence North 69 1/2 deg. West 37.52 chains to a fence corner; thence South 20 1/2 deg. West 35.26 chains; thence East 38.97 chains to a pipe; thence South 9 links to a pipe in the center of the West end of a lane; thence East 1/2 deg. South 28.53 chains to a stake in the center of said lane; thence North 20.82 chains; thence West 20 chains to the point of beginning. Excepting therefrom that portion included within the land described in the Deed to the City of San Juan Capistrano recorded February 17, 1976 in Book 11648, Page 1825 of Official Records. And excepting therefrom any crops growing on the land at the date of recordation of the Deed of the San Juan Capistrano Community Redevelopment Agency. 03/04/91 9388r/2299/37 Legal Description: PARCEL 1 The easterly 60 acres of Parcel "L" per a map recorded in book 2, page 38 of surveys in the county recorders office of Orange County, California as shown an Record of Survey No. 97-1020, in the city of San Juan Capistrano, County of Orange, State of California, except the following described parcel: PARCEL A. Beginning at a 1" iron pipe at the most northwesterly corner of said easterly 60 acres; thence S69deg.14'53'E 629.88' along the northerly lime of said Parcel "L" to a 2" iron pipe at an angle point in said northerly line, thence S89deg.19'49'E 194.11' along said northerly line; thence leaving said lime S Odeg.40' 11" W 9.25' to the beginning of anon tangent curve concave to the southeast having a radius of 264.75', to which point a radial live bears N Odeg.40' 11 "E; thence southwesterly along said curve through a central angle of 71deg.03'30" an arc distance of 328.34'; thence on a tangent line S 19deg.36'4I" W 104.91' to the beginning of a tangent curve concave to the northwest having a radius of 235.25'; thence southwesterly along said curve through a central angle of 70deg.20' 17" an arc distance of 288.80' to the beginning of a reverse curve concave to the southeast having a radius of 264.75'; thence southwesterly along said reverse curve through a central angle of 90deg.00'00" an arc distance of 415.87' to a radial line of said curve which bears S89deg.56'58"W; thence on the prolongation of said radial 8.58' to the westerly lime of the easterly 60 acres of said Parcel "L"; thence N Odeg.03'02'W 930.68' along the westerly line of said easterly 60 acres to the point of beginning. Containing 7.25 acres more or less. Also excepting that portion as conveyed to the City of San Juan Capistrano as per deed recorded in Book 11648, Pages 1825 to 1829, of Official Records, County of Orange, California described as follows: PARCEL B. Beginning at the intersection of the westerly right of way line of Alipaz Street, 40.00 feet in width, as described m an Easement Deed to the County of Orange, recorded February 15, 1949 in Book 1801, Page 445 of Official Records of said Orange County, with the northerly right of way line of Camino Del Avion, 40.00 feet in width, as described in an Easement Deed to the County of Orange, recorded September 28,1948 in Book 1704, Page 471 of Official Records of said Orange County; thence N 88deg.01'05'W 64.03' along said northerly right of way line to a point on a non - tangent curve concave westerly and having a radius of 1210.00', a radial line to said point bears S65deg.46'36"E; thence northerly along said curve through a central angle of 8deg.57'23" an arc distance of 189.15' to a point on the said westerly right of way line of Alipaz Street, a radial line to said point bears S74deg.43'59"E; thence S OdegO3'02"E 180.06' along said westerly right of way line to the point of beginning. Containing 0.12 acres more or less. See Exhibit "1" attached hereto. Prepared by: �p LANDSU9 Golden Triangle Land Surveying Inc. �'' 811 Hitching Post Rd. BRUCE G. HALL Vista, California 92083 619-631-0104 No. 4743 ��� � ¢-28-97 F OF C AL�F� Bruce G. Hall PLS 4743 0 k wiy uNE =iY �aRceES fir! O `03 HOZ �lt� i535:GQ' � � 1�5 2/3�8� 9gbroe ell *% o Nk-k �s. N fi rIN V N IN \ v � n N N;b4 � c5 ■ i ■ 1 Oo�-�'Ai 1 �oAoAoOVAOOonoPoednon, 1 •� - "•': _- IP� • � i ■ E19 u ❑ i ALIPAZ ATtnrhiAAnt "I" (Page 1 of 3) April 4 199 10:44 AM From: Bruoliall Fax #,. 714.840-4380 Pap& 2 Legal Description: Parcel A 1'hat portion of the easterly 60 acres of Parcel "L" per a map recorded in book 2, page 38 of surveys in the county recorders office of Orange County, California as shown on Record of Survey No. 97-1020, in the city of San Jusn Capistrano, County of Orange, State of Califomia, described as follows: Beginning at a I" iron pipe at the most northwesterly comer of said easterly 60 acres; thence S 69deg. 14' 53" E 629.88' along the northerly line of said Parcel "L" to a 2" iron pipe at an angle point in said northerly line: thence S 89deg.19'49" E 194.11' along said northerly line; thence leaving said line S Odeg. 40'l I" W 9.25' to the beginning of a non tangent curve concave to the southeast having a radius of 264.75', to which point a radial line bean N Odeg.40' 11" E; thence southwesterly along said curve through a central angle of 71deg03'30" an aro distance of 328.34'; thence on a tangent line S 19deg.36'4I" W 104.91' to the beginning of a tangent curve concave to the northwest having a radius of 235.25'; thence southwesterly along said c,uve through a oenhal angle of 70deg20' 17" an arc distance of 288.80' to the beginning of a reverse curve concave to the southeast having a radius of 264.75'; thence southwesterly along said reverse nave through a central angle of 90deg00'00" an arc distance of 415.87' to a radial line of said curve which bean N 89deg56'58" E; thence on the prolongation of said radial 8.58' to the westerly line of the easterly 60 acres of said Parcel "L"; thence N Odeg.03'02"W 930.68' along the westerly line of said easterly 60 acres to the point of beginning. Containing 7.24 acres more or less. S -e Exhibit "A" attached hereto. Attachment "1" (Page 2 of 3) AttacOnt (1" (Page 3 of 3) • w2y ame ECy 60 q,ee5 OF ft e L„ 2S 2f$8 v n Me Oa yA � y 40` � a � �a NcNiY� 0�O � O ��V v e N a m OD 0 .u27 70 5-446- oar a � � y � O e C T OD 0 .u27 70 5-446-