20-1006_GANAHL LUMBER COMPANY_Agenda Report_D2City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Charlie View, Assistant City Manager
DATE: October 6, 2020
SUBJECT: Purchase and Sale Agreement and Agreement Affecting Real
Property between the City of San Juan Capistrano and Ganahl
Lumber Company for the Lower Rosan Ranch Property (Assessor
Parcel Numbers: 121-253-13; 121-253-15; 121-240-39; 121-240-73;
121-240-76.
RECOMMENDATION:
Continue the Public Hearing to consider the Purchase and Sale Agreement and
Agreement Affecting Real Property for the sale of the Lower Rosan Ranch property to the
Ganahl Lumber Company, from October 6, 2020, to November 2, 2020.
EXECUTIVE SUMMARY:
Following the dissolution of redevelopment agencies, the State directed that properties
owned by the City’s former Redevelopment Agency be sold and the proceeds be
distributed to the taxing entities, including the State, the County of Orange, school districts
and special districts in which the properties were located. One of these properties in San
Juan Capistrano is Lower Rosan Ranch (Lower Rosan), an unimproved parcel generally
located on the north side of Stonehill Drive, west of Camino Capistrano. An aerial photo
of the site is provided as Attachment 1.
On June 2, 2020, the City Council certified the Final Environmental Impact Report and
approved various entitlement actions for a project involving development of a new Ganahl
Lumber facility and other ancillary uses. In addition, the City Council adopted the attached
Resolution of Intent (Resolution) finding that public convenience and necessity require
the sale of the Lower Rosan property. The sale of City-owned land is governed by State
regulations requiring that the Resolution be published in the local newspaper and posted
in three locations on the Lower Rosan property. The required publication and posting
have been completed, which initially set June 16, 2020, as the date for the public hearing
10/6/2020
D2
City Council Agenda Report
October 6, 2020
Page 2 of 3
to consider the sale of the Lower Rosan Property. As part of the sales process, City staff
and Ganahl representatives have been negotiating the terms of the sale and other related
matters, which will ultimately be memorialized in the Purchase and Sale Agreement (PSA)
and Agreement Affecting Real Property (AARP). In addition, City staff worked closely with
staff from the City of Dana Point and South Coast Water District to address issues raised
in their respective comment letters on the EIR.
The City and Ganahl team have reached agreement on all terms for the purchase of the
property. Staff continues the process of finalizing the agreement for compensation to the
public agencies receiving revenue from the sale of Lower Rosan. To allow additional time
to finalize the Compensation Agreement, staff recommends that the City Council continue
the public hearing to November 2, 2020.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(b)(3), the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. The continuation of the Public Hearing for the PSA and AARP will not
have a significant effect on the environment.
PRIOR CITY COUNCIL REVIEW:
• On June 2, 2020, the City Council approved a resolution adopting environmental
findings pursuant to the California Environmental Quality Act (CEQA), certifying a
Final Environmental Impact Report, adopted CEQA Findings of Fact and
Statement of Overriding Considerations, approved a resolution conditionally
approving Flood Plain Land Use Permit 18-001 and Tentative Tract Map (TTM)
20-001, and approved a resolution declaring the City’s intent to sell the 17-acre
Lower Rosan property to Ganahl Lumber Company for development of the
proposed Ganahl Lumber Project.
• On August 1, 2017, the City Council approved and authorized the City Manager to
execute an Exclusive Negotiation Agreement ("ENA") with Ganahl Lumber
Company for development of the Lower Rosan property.
City Council Agenda Report
October 6, 2020
Page 3 of 3
• On April 4, 2017, the City Council began exclusive negotiations with Ganahl
Lumber Company for the potential sale of the Lower Rosan property.
• On March 29, 2017, the City Council hosted a community workshop on proposals
to develop the City-owned Lower Rosan property.
• On June 21, 2016, the City Council selected CBRE as the broker to market the
former Redevelopment Agency parcel known as Lower Rosan.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not Applicable.
NOTIFICATION:
Ganahl Lumber Company
Marriott Residence Inn
Auto Dealer Association
Rosetta Development/Segovia Capital Partners
Capistrano Valley Mobile Estates - Mr. Dana Dercole
Villa San Juan – Bob and Mary Ames
Mr. Richard Toon
Mr. Jim Vance
Mr. Mike Wernet
Mr. Gary Hilde
Mr. Kent McNaughton
ATTACHMENTS:
Attachment 1 – Aerial Photo
Attachment 2 – Resolution of Intent
RESOLUTION NO . 20-06-02-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING THAT THE PUBLIC INTEREST
AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL
PROPERTY (LOWER ROSAN RANCH), DECLARING ITS INTENT TO
SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR
CONSIDERATION OF PROTESTS
WHEREAS, the City of San Juan Capistrano ("City ") currently owns in fee that
certain real property, Lower Rosan Ranch, owned by the City generally located on
Stonehill Drive between the railroad tracks and San Juan Creek in the City of San Juan
Capistrano (APN: 121-240-39, 121 -240-073, 121-240-76, 121-253-13, and 121-253-15)
and legally described in Exhibit "A" attached to this resolution and incorporated by
reference herein (the "Property"); and
WHEREAS, the City desires to sell the Property by entering into a Purchase and
Sale Agreement ("PSA") with Ganahl Lumber Company, a California corporation for
purposes of economic development (the "Project"); and
WHEREAS, California Government Code Sections 37420 through 37430
authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the
legislative body of a city finds that the public interest and convenience require the sale of
public buildings and sites, it must adopt a resolution so finding and giving notice of its
intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such
resolution shall fix a time for hearing protests to the property conveyance, provide for
publication of notice of the hearing, fix the time when the City will take final action
regarding the property conveyance; and contain an accurate description of the property
to be conveyed; and
WHEREAS, in accordance with Government Code section 65402, the proposed
disposition of the Property under the PSA must be and was presented to the City's
Planning Commission ("Planning Commission"), and the Planning Commission found that
the conveyance of the Property from City to Ganahl Lumber Company is in conformance
with the City's general plan; and
WHEREAS, the City wishes to declare its intent to dispose of and convey the
Property pursuant to the terms of the PSA, fix a time for the hearing of any protests to the
disposition, provide for publication of the notice of said hearing, and fix the time for final
action on the disposition of the Property and approval of the PSA.
ATTACHMENT 2
WHEREAS, the City prepared a Draft Environmental Impact Report ("DEIR") that
analyzed the proposed Project's environmental impacts in compliance with the provisions
of the California Environmental Quality Act ("CEQA"). The DEIR was made available to
the public for review and comment for 45 days between January 6, 2020, and February
19, 2020. During and following the close of the public review period, the City received
numerous comment letters and e-mails on the project. For those letters and e-mails that
raised CEQA-related issues, the City has prepared Response to Comments as required
by CEQA, which are included in the Final EIR. The Final EIR determined that the
proposed Project could result in potentially significant and unavoidable impacts to traffic
as a result of the Project. The Project would result in potentially significant impacts at two
roadway segments: Stonehill Drive between Camino Capistrano and Project driveway
and between Project driveway and Del Obispo Street. In addition, the proposed Project
would also result in potentially significant impacts at the intersection of Del Obispo
Street/Stonehill Drive. Further, the impacted intersection is located within the City of Dana
Point, and mitigation cannot be enforced within another jurisdiction outside of the City of
San Juan Capistrano. No feasible mitigation is available to reduce the impacts on these
two roadway segments and intersection. The Final EIR demonstrates that
all other environmental impacts can be reduced to a level of less than significant
through the incorporation of mitigation measures. The Draft EIR and
Final EIR for the project are available on the City's website at:
http://sanjuancapistrano.org/Departments/Development -Services/Planning. The Final
EIR was certified by the City Council prior to the Council's consideration of this resolution;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ·Incorporation of Recitals. The foregoing recitals are true and
correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. Findings. The City Council of the City hereby finds and
determines that public convenience and necessity require the sale of the Property. The
factors demonstrating that the public convenience and necessity require the sale of the
Property include, but are not limited to the following: for purposes of economic
development, the Property will consist of a Ganahl Lumber hardware store and lumber
yard, future drive-through restaurants and short term vehicle parking, which will create
jobs within the City, alleviate conditions of economic and physical blight in the City, and
create an increase in sales and property taxes, all of which benefit the health, safety and
welfare of the City.
SECTION 3. Declaration of Intent to Sell ; Fixing of Hearing. The City Council
of the City hereby declares its intent to sell the Property pursuant to the PSA and fixes
June 16, 2020, at 5:00 P.M. or as soon thereafter that the matter can be heard at the City
of San Juan Capistrano, City Council Chambers, located at 32400 Paseo Adelanto , San
Juan Capistrano, California 92675 as the date, time and location for hearing any protests
to the proposed sale of the Property, approval of the PSA, and as the final action date.
2 6/2/2020
SE CT ION 4 . P ublication a nd Post in g. In compliance with California
Government Code Section 37423, the City Council of the City hereby directs City staff to
publish this resolution at least once in a daily newspaper prior to June 16, 2020 , and to
post this Resolution for not less than ten (10) days in at least three (3) conspicuous places
upon the Property prior to June 16, 2020.
SEC TION 5. CEQA. The City prepared a Draft Environmental Impact Report
("DEIR") that analyzed the proposed Project's environmental impacts in compliance with
the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made
available to the public for review and comment for 45 days between January 6, 2020, and
February 19, 2020 . During and following the close of the public review period, the City
received numerous comment letters and e-mails on the project. For those letters and e-
mails that raised CEQA-related issues, the City has prepared Response to Comments as
required by CEQA, which are included in the Final EIR. The Final EIR determined that
the proposed Project could result in potentially significant and unavoidable impacts to
traffic as a result of the Project. The Project would result in potentially significant impacts
at two roadway segments: Stonehill Drive between Camino Capistrano and Project
driveway and between Project driveway and Del Obispo Street. In addition, the proposed
Project would also result in potentially significant impacts at the intersection of Del Obispo
Street/Stonehill Drive. Further, the impacted intersection is located within the City of Dana
Point, and mitigation cannot be enforced within another jurisdiction outside of the City of
San Juan Capistrano. No feasible mitigation is available to reduce the impacts on these
two roadway segments and intersection. The Final EIR demonstrates that
all other environmental impacts can be reduced to a level of less than significant
through the incorporation of mitigation measures. The Draft EIR and Final
EIR for the project are available on the City's website at:
http://sanjuancapistrano .org/Departments/Development -Services/Planning . The Final
EIR was certified by the City Council prior to the Council's consideration of this resolution.
SECTION 6 . Severability . If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of
this Resolution are severable .
SECTION 7. Effe ctiv e Date . This Resolution shall become effective
immediately upon its adoption.
The City Clerk of the City of San Juan Capistrano shall certify as to the adoption
of this Resolution.
(Signatures on following page)
3 6/2/2020
PASSED, APPROVED, AND ADOPTED this 2nd day of June 2020.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 20-06-02-04 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2nd
day of June 2020, by the following vote:
Maryott, Farias, Taylor and Mayor Bourne
NCIL MEMBERS: None
NCIL MEMBERS · -eve
MARI LERK
4 6/2/2020
. J
EXHIBIT "A"
TO
RESOLUTION NO. 20-06-02-04
LEGAL DESCRIPTION OF PROPERTY
ASSESSOR PARCEL NUMBERS 121-253-13, 15 and 121-240-39, 73 and 76
REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
[TO BE INSERTED]
5 6/2/2020
EXHIBIT"A"
TO
RESOLUTION NO. 2020-
LEGAL DESCRIPTION OF PROPERTY
ASSESSOR PARCEL NUMBERS 121-253-13, 15 and 121-240-39, 73 and 76
REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL ONE: (APN: 121..253-111
THAT CRTION OF nlE LAND SCRIBED IN PARCEL 1 OF THE DEED TO PAUL YORBA AND
OTHERS, RECORDED AUGUST t1, tMS IN BOOK tS54, PAGE It OF OFFICIAL RECORDS OF
ORANGE COUNTYt CALIFORNIA, DESCRIBED AS FOL10W&
B~GINNINGAT THE INTEISECTIDN OF THE WE ERLY RIGHT OF WAY LINE OFntE
ATCHISON, TOPEKA AND SANTA FE RAILROAD, wmt THE IOI.RH U OF 1HE LAND
CONVEYl!D BY ROSA A PRYOR 10 ALBERT PRYOR AND CHRl811NA 8. LANDELl.r BY Dl:ED
RECORDED IN BOOK 111 1 PAGE2D2 OF DEEDS OF SAID ORANGE COUNTY; llfENCE SOUTH 1&9
01 1 30•• WEST ALONG THE ABOVE MENnONSD WESTERLY RIGtn OF WAY UNE, 205.!2 FEET
TO A CH PIPE MONUMENT MARKED "R.D.E.10301"; THENCE HOfmf 81° t1' 37" WEIT
1008.34 FEET TO~ INTER8ECTION WrTH lHE NORTHWESTERLY U OF THE ABOVE
MENTIONED PARCB. f; THENCE NORTH JD• or fl7 11 EAST t17.90 FEET TO THE MOST
NORTHERLY CORNER OF ID PARCEL 1; THENCE SOUTH 18" 1r n· EAST ALONG D
80Ul'H LINE OF LAND CONVEYED TO ALBERT PRYOR AND CHRISTINA 1.1.ANDEU, 883.82 FEET
TO THE POINT OF BEGINNING..
EXCEPTING 11iEREFROM1 THE PORTION LYING WESTERLY OFnlE EASTERLY UNE OF THE
STRIP 0 LAND 250.llO FEET IN WIDTH, D RIBED ~NP CELL 1·t11.01 OFlHE LIB
PENDENI RECORDED MARCH 20, 1982 IN BOOK 80.U, PAGE 7S1 OF OFFICIAL RECORDS,
ENTITl.ED "ORANGE COUNTY FLOOD CONTROL DJ8TRICT 1 A BODY POlmCAND CORPORAlE
0 THE STATE OF CALIFORNIA, PLAINTI F, VS. PAUL N. YORBAAND OTHERS, DEFE AN'TI.•
Al.ID EXCEPTING THEREFROM THAT PORTION DESCRIBE'D M PARCEL ND. 128 IN DEED TO
THE COUNTY OF ORANGE RECORDED FEBRUARY 24, 1982 AS INSTRUMENT NO 92-10546! OF
SAID OFFICIAL RECORDS.
Page 1of4
PARCEL lWO: (APN: 121-253-15)
PARCEL A AS SHOWN ON EXHIBIT "B" A1TAClfEO TO THAT CERT.Al CERTIFICATE OF
COMPLIANCE RECORDED AP 28~ 1989 AS INITRU Nr NO. 13082 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL THREE: (APH: 1214'0-73)
THAT PORTION OF ntE LAND KNOWN Al 1HE PRYOR HOMESIEAD, AS IA.ID PRYOR
HOMESTEAD · DESCRIBED IN DECREE CF PARTrTIDN, RECORDED APRIL t .. 18961 AS
DOCUMENT NO. 5719 IN BOOKZ1, PAGE 19QF DEEDSi RECORDS OF ORANGE COUNIY,
CALIFORNIA, DESCRIBED A8 FOLLOW8:
BEGINNING AT A 4X 4 REDWOOD POST MARKING SOUTHEASr CORNER OFntE LAND
CONVEYED TO Al.BERT PRYOR AND CHRISTINE LA ELL BY DEED RECORDED IN BOOK 1111
PAQE 202 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THEKCE NORTH r 80 1 30"
EAST 341.14 FEET ALONG TliE EASTERLY UNE OF SAID PARCEL, BEING TliE EASTERLY UNE
OF 111E PRYOR HOMESTEAD M SAID EASlERL Y LINE SHOWN ON A MAP FILED I BOOKJ,
PAGE 59 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF IAJD
COUNTY, TO AN IRON PIPE; THENCE NORTH 13• a2 1 EA.ST240.0SFEET ALO . SAID EASTERLY
LINE TO AN IRON PIPE; THENCE NORTH 68' 1r WEST 8'7.0D FEET, PARALLEL Wmt lltE
SOUTHERLY UNE OF 8.AtD LAND OF LANDELLAND OTHERS, 1tJ THE CENTER LINE OF THE
ATCH180N 1 TOPEKA AND SANTA FE RAILROAD: THENCE NORTHERLY ALONG SAID CENTER
LINE 76.0G FEET; THENCE NORTH 669 1 .. WEST 400.00 FEET PARM.LB.. WITH SAID
50UTHERL Y UNE THENCE IOUlH 33a 41' WEIT TO SAID IOunt Y LlNEi 11elCE IOtmt
B1• 1r EAST ALONG SAID 80UTHERL Y LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF1HE
100 FOOT RIGHT OF WAY OFT ATCHISON, TOPEKA AND SAHTA FE RAILROAD.
ALSO EXCEPTING ntEREfROM THAT P RTIOH THEREOF DESCRIBED IN PARCEL NO. 121 OF
THE DEED TO THE COUNTY OF ORANGE RECORDED MAY 13, 1981 Al INSTRUMENT NO. Etl·
211811 OF OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA.
Page 2 of4
PARCEL FOUR: (APN: 1.21.J4NI)
THAT PORTION OF 'rnE LAND KNOWN AS THE PRYOR HOMES'IEAD, AS SAID PRYCJt
HOMESTEAD IS DESCRIBED IN DECREE OF PARTrTI RECORDED APRIL 14.1898, AS
DOCUMENT NO. 57• IN BOOK 17, PAGE 19 OF DEEDS, RECORDS OF ORANGE COUNIY,
CALIFORNIA. DEIC ED A8 FOLLOWS:
BEGINNING AT THE KORTHEAST CORNER 1HAT CERTAIN PARCEL OF LAND CONVEYED TO
Al.BERT PRYOR AND CRISTINA S. l..ANDELL BY DEED RECORDED MARCH~ 1905 IN BOOK 111.
PAGE .202 Of EEDS. RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID POINT BEi G THE
SOUTHEAST CORNER Of Tl1E NOR111ERL Y 91r.E ACRESALLOTJED TO ROSAA. IJE PRYOR,
CASE NO. 1210, SUPERIOR COURT OF SAID COUNTY AND RUNN G FROM SAID POINT OF
BEllNNINO SOUTH 80-20 1 W EAST ALONG THE EASTERl Y EXTENSION OFlHE SOlf1H LINE
Of SAID 511'2 ACRES, 30D.40 FEET TC A POINT IN THE CEH1'ER LINE Df lltAT CERTAIN
RIGHT OF WAY DEEDED TO THE STATE Of CALIFORNIA BY DES> RECORDED JUNE 29, 11'lt IN
BOOK213. PAGE 110 OF OFFICIAL RECORDS OF SA.ID COUNTY, SAID POINT BEING NORTH 31•
st• EAST 396..3G FEET FROM 1HE SOLTrHERLY END OF A 1Sl5.30 FOOT TANGENT LINE AS
DESCRIBED I . SAtD DEED; THENCE SOUTH 3r 541 WEST 398.30 FEET ALONG SAID CENTER
UNE TO THE BEGINN G Of A TANGENT CURVE; THENCE ALONG A TANGENT CURVE TO TlfE
LEFT, HAVING A RADIJI QF 2000 FEET, ntROUGH AN ANGLE OF ur SI' sr A DISTANCE OF
312.12 FEET TO THE EASTERLY LINE OF A PARCEL OF CQNVEYED TO Al.BERT PRYOR BY
DEED RECORDED JULY 24, 1929 IN SOOK 294, PAG 112 CF &AID OFFICIAL RECD I; 1H NOE
SOlfTH 13" 32' WEST 112.3' FEET, MORE OR LESS. ALONG SAID EA!TERL Y UNE OF SAID LAST
MENTIONED PARCEL.OF l.ANDTOAN IRON PIPE ATTIIESOUTHEASlERLYCORNEROFIAIO
PARCELi 11tENCE NORTH II° 191 WEIT197 FEET PARAWL TO 11lE IOUT LY LINE OF SAID
P.ARCl!L OF LAND Dl!!8CRIBEJ IN IA.ID Dl!!D RECORDl!D IN BOOK Hf, PAGE! 2(R OF Dl!ED8 1
RECORDS OF SAID COUNTY TQ THE CENTER LINE OF"niE ATCHISON, TOPEKA AND SANTA FE
RAILROAD RIGHT OF WAY; niENCE NOR'nieRLY AUlNG ntE SAID CENTER 71 FEET TO A
PO T; lltENCE NORTH W 19' WEIT 7t15.1G FEET TO THE 80l1THEASTERLY CORNER OF TIIE
PARCEL OF 1..6884 ACRES CONVEYED TO JOHN 0. FORSTER BY DEED RECORDED MAY 29, f931
IN BOOK480, PAGE 4GS OF SAID OFFICIAL RECORDS; THENCE NOlmf f ~EAST ALONG ntE
EABTERL Y UNE OF SAID LAST MENTIONED PARCB. 45U4 FEET 10 THE Ormt&ASTCO ER
THEREOF; THENCE 80UTH W 2.G' W EAST 1450.34 FEET TO THE POINT OF BEGINNING.
EXCEPTING 1HEREFROM THAT PORTION LYING EASTERLY OFTllE WESTERLY LINE OF 1HE
100 FOOT RIGtfT DF WAY OF THEATCHl&Ort TOPEKA ANO &ANJ. FE OAD.
Al.SO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO T
ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JANUARY 28.1913 IN BOOK 64091
PAGE 742 Of SAID OFFICIAL RECORDS.
Page 3 of4
PARCEL FIVE: {APN: 121..a.o.71)
THAT PORllON OF niE PRYOR HOMEITEAD TRACT, IN THE RANCHO BOCA ELA PL.A.YA, CITY
OF IAN JUAN CAPISTRANO. COUNTY OF ORANGE, STAlE OF CALIFORNIA. PER MAP
PAR11110N OF 8AID lRACT IN THE DECREE OF THE SUPERIOR COURT OF THE 8TATE OF
CALIFORNIA, IN AND FOR THE COUNlY OF ORANGE. I CASE NO. 1210. DESCRIBED IN 'TliAT
CERTAIN FINAL ORDER OF CONDEMNATION AS PARCEi L 1-1tltl RECORDED JANUARY I.
1963 IN BOOK 8386, PAGE m Of OFflCIAL RECORDS IN THE OFFICE OF THE COUNTY
RECCRDER OF SAID COUNTY, LYING EA&TERL Y OF AUNE THAT 18 PARAL.Lfl. wmt AND
125.11 FEET EASTERLY FROM THAT CERTAIN COURSE DESCRJBED AS 11N.1t"37'11"E. 2223.41
FEET" IN SAID FINA.L ORDER OF CQNDEM~ ON.
EXCEPT THEREFROM. AN UNDIVIDED t.13 INTEREST IN AND TD AU NERAt.8, MINERAL
DEPOSITS, MINERAL OILIAND NAlURAL GA8E8 OF EVERY KIND AND NATURE CONTAIWED IN
OR UPON SAID LAND 1 AS RESERVED BY JOHN F. POZAR AND MAR1HA E. POZAR, RECORDED
JANUARY 11, 1998 IN IODK •111 1 PAGE 281 OF OFRCIAL RECamB.
Al.80 !JCCEPTTHEREFROM1 AN UNDIVIDED 118 INTE!REIT IN All. •E!IW..8 GAS, OIL,
PETROLEUM, NAPHTHA AND OlltER HYDROCARBON SUBSTANCES BELOW THE DEPlH OF 500
FEET FROM THE SURFACE OF THE.ABOVE DESCRIBED PROPERTY, SUBJECT TOTIIE EXPRESS
UMfTATIO THAT THE FOREGOING REIERVAllOH SHALL IN NOWAY BE INTERPRETED TO
INCWDE ANY RIGHT OF E!NTRY IN AND UPON THE SURFACE OF THI! A80YE-OE8CRJ.BSJ
PROPERTY, OR THE FIRST 580 FEET OF THE SUBSURFACE TIIEREOF, AS RESERVED IW THE
DEED FROM JOHN F. POZAR AND MARTHA E. POl.AR, llJSBAND AND WIFE, REC Rl>ED
DECEMBER 12. 1H2 IN BOOK 1311PAGE140, OFFICIAL RECORDS.
APN: 111440.73AND12t4Dot3AND111440.78 AND 12t· AND 121·253-15
Page 4 of4
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