1984-0320_ORANGE, COUNTY OF_AgreementPurchase by City that is
a Revenue District
A G R E E M E N T
AGREEMENT FOR THE PURCHASE BY A CITY OF THE STATE'S TITLE TO TAY, DEEDED
PROPERTY AS PROVIDED BY DIVISION I, PART 6, CHAPTER 8, OF THE CALIFORNIA
REVENUE AND TAXATION CODE,
THIS AGREEMENT, made the — day of�,
19 84, by and between the Board of Supervisors of the County of Orange,
State of California, and the City of San Juan Capistrano
(hereinafter referred to as CITY), a municipal corporation in the State of
California, subject to the approval of the California State Controller,
pursuant to the provisions of Division I, Part 6, Chapter 8 of the Calif-
ornia Revenue and Taxation Code,
W I T N E S S E T H:
WHEREAS, there is situated in CITY that certain property described
in Exhibit "A", attached hereto and made a part hereof, which has been
deeded to the State of California for delinquent taxes; and
WHEREAS, said delinquent taxes include taxes levied by CITY which
are collected on behalf of CITY by the Orange County Tax Collector; and
WHEREAS, CITY needs the property described in Exhibit "A" attached
hereto and made a part hereof for landscape
(purposes and intends to devote the property to said purposes within 10
years from the date this Agreement becomes effective;
NOW, THEREFORE, it is hereby mutually agreed as follows:
1. That the Board of Supervisors of the County of Orange agrees to
sell and CITY agrees to buy all or any portion of the property described
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in Exhibit "A" attached hereto and made a part hereof which shall not
have been redeemed as provided in the California Revenue and Taxation
Code, upon payment by CITY to the Orange County Tax Collector of the
sum set forth in said Exhibit, after the description "PURCHASE PRICE,"
within days after this Agreement becomes effective.
2. That for 10 years following the date upon which this Agreement
becomes effective, CITY will not offer said property for sale.
3. That within 10 years from the date this Agreement becomes
effective CITY will either devote said property to landscape
purpoees or reconvey the property to the State of
California as provided for in paragraph 4 herein.
4. That in the event CITY fails to devote said property to
landscape purposes within 10 years after this Agreement becomes
effective, or CITY desires to divest, itself of said property within said
10 year period, CITY will execute deed to the State of California re -
conveying to the State all the right, title and interest of the State
in the property which CITY obtained by the deed executed by the Orange
County Tax Collector pursuant to this Agreement. Thereafter, such
property shall be held as tax -deeded property by the State.
5. That a breach of the conditions described in paragraphs 2, 3,
and 4 of this Agreement shall cause said property to revert to the State
of California which shall have the right of immediate re-entry upon said
property, to be exercised by its agent the Orange County Tax Collector,
in the event of any such breach.
6. That in the event title to the property revests in the State
of California as provided for in paragraphs 4 or 5 herein, CITY will not
be entitled to a refund of the "PURCHASE PRICE" paid pursuant to this
Agreement.
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7. That as provided by Section 3808 of the California Revenue and
Taxation Code, CITY will not share in distribution of the "PURCHASE PRICE';
paid pursuant to this Agreement to the Orange County Tax Collector.
8. That as provided in Section 3800 of the California Revenue and
Taxation Code, the cost of giving notice of this Agreement shall be paid
by CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officers.
SIGNED AND CERTIFIED THAT A COPY OF BOARD OF SUPERVISORS OF ORANGE COUNTY
THIS DOCUMENT HAS BEEN DELIVERED TO
T./HE CHAIRMAN OF THE BOARD.
je1�U01-4J lC p . By /� J
Chairman
Clerk of the Board of Supervisors
County of Orange, California
ATTEST:
BY `!i t r �?sJ�✓-�i
MARY AN ANO ER, CIT'i CLERK
APPROVED AS TO FORM:
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CITY OF San Juan Caistrano
a municipal corpporation ate 84
ANTTHONY . BLAND, MAYOR
APPROVED this 12th day of April ,
19 84 .
KENNETH CORY, STA"_'F CONTROLLER
By
Assistant Deputy State Controller Loc I GouernmenFI•L011111CY
This Agreement was submitted to me before execution by the Board of
Supervisors and I have compared the same with the records of the County
relating to the real property described therein.
APPROVED AS TO FORM
ADRIAN' KUYP R, CounC7 Counsel
OR,4NCE CC:UtJ;y, &%UFORNI,.
ASSISTANT / DEFU'i y
Dated .......... ��..:..��.
.... ..i...:.....
ROBERT L. CITRON
County Tax Collector -Treasurer
By
Deputy
3.
E X H I BI T "A"
Description
AP 650-090-06
TRA 23-027
Tr No 112 That por of Lot 2
lying Wly of the Wly Right
of Way line of Rosenbaum Road
as desc in Deed of Right of Way
rec Jan 15, 1953 in Bk 24369
Pg 639 OR of Orange County, and
Ely of the certain course shown
on a map of Tr No 7760 as having
a bearing and distance of
N 250 58' 31" E 374.07 ft.
First Year
Delinquent
1976-77
4.
Sale Purchase
Number Price
641197 $40.00
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the attached is a
true and correct copy of Resolution No. 84-2-21-8, adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 21st day of February, 1984.
(SEAL)
RY ANN H OVER, ITY CLERK
San Juan apistrano, California
Dated: This 23rd day of February, 1984.
PURCHASE OF
ROPERTY ADJACENT TO ROSEN.
SCAPE PURPOSES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, OFFERING
TO PURCHASE TAX DEEDED PROPERTY FROM THE
COUNTY OF ORANGE TO BE USED FOR LANDSCAPE
PURPOSES - PROPERTY LOCATED ADJACENT TO
ROSENBAUM ROAD
WHEREAS, the property known as Assessor's Parcel No.
650-090-06 is located in the City of San Juan Capistrano and has
been deeded to the State of California for delinquent taxes; and,
WHEREAS, said delinquent taxes include taxes levied by
the City which are collected on behalf of the City by the Orange
County Tax Collector; and,
WHEREAS, said property has been offered for sale by the
County of Orange as provided in Division I, Part 6, Chapter 8 of
the Revenue and Taxation Code; and,
WHEREAS, the City of San
purchase said property to be used
City of San Juan Capistrano. _
Juan Capistrano desires to
for landscape purposes for the
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby offer to purchase
the subject property, Assessor's Parcel No. 650-090-06, for the
total amount of Forty Dollars ($40.00) from the County of Orange.
BE IT FURTHER RESOLVED, that the City Council agrees to
the terms and conditions of the agreement and directs the City
Clerk to forward a certified copy of this Resolution to the
County of Orange along with said agreement.
PASSED, APPROVED AND ADOPTED this 21stday of
February r 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
ANTHONY U. BLAND, MAYOR
ATTEST:
CITY CLERK
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- - .. To
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
March 20, 1984
On the motion of Supervisor Nestande, duly seconded and carried,
the following Resolution was adopted:
BE IT RESOLVED that the Tax Collector's Sale #1296 by Agreement
with the City of San Juan Capistrano is hereby approved and the
I Agreement may be executed.
AYES: SUPERVISORS BRUCE NESTANDE, ROGER R. STANTON, RALPH B. CLARK,
THOMAS F. RILEY, AND HARRIETT M. WIEDER
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I, DORIS L. HILBERT, Clerk of the Board of Supervisors of Orange
County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at a
regular meeting thereof held on the 20th day of March
1984, and passed by a Unanimous vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
20th day of March , 1984.
y.
DORIS L. HILBERT
Clerk of the Board o£.,Supervisors
Resolution No. 84-395 of Orange County,.'O�lifornia r,G
Tax Collector's Sale
#1296 by Agreement U��j'_�-i•"�' fit'.
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2. APPROVAL OF AGREEMENT FOR PURCHASE OF TAX DELINQUENT
PROPERTY FOR LANDSCAPE PURPOSES (ROSENBAUM ROAD)(38-#457)
(38) Written Communications:
(73) Report dated February 21, 1984, from the Director of Public
Works, advising that tax delinquent property designated as
AP 650-090-06 has been offered to the City by the County at
a purchase price of $40.00. The property is located between
Trabuco Creek Road and Rosenbaum Road and will be acquired
for landscape purposes. Agreement for purchase of the
property requires that the land not be offered for resale
for a period of ten years; and, that if the property is not
used for the stated purpose or is offered for resale, the
property will automatically revert to ownership by the State
of California. Funds for the purchase are allocated in
Account No. 01-4120-213.
Authorization for Purchase:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 84-2-21-8, PURCHASE OF PROPERTY ADJACENT
TO ROSENBAUM ROAD FOR LANDSCAPE PURPOSES - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, OFFERING TO PURCHASE TAX DEEDED PROPERTY
FROM THE COUNTY OF ORANGE TO BE USED FOR LANDSCAPE
PURPOSES - PROPERTY LOCATED ADJACENT TO ROSENBAUM ROAD
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The Resolution approves purchase of Assessor's Parcel No.
650-090-06 in the amount of $40.00 and approves the
agreement for purchase. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City
and the City Clerk was directed to forward certified copies
of the Resolution and the agreement to the County of Orange.
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AGENDA ITEM
TO: Stephen B. Julian, City Manager
February 21, 1984
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Agreement - Purchase of Tax Delinquent
Property for Landscape Purposes, AP# 650-090-06
(Adjacent to Rosenbaum Road)
SITUATION:
The County of Orange is offering for sale to the City, the tax
delinquent property designated by AP# 650-090-06. The property
is part of the land between Trabuco Creek Road and Rosenbaum
Road, and is shown on Attachment "A".
Trabuco Creek Road is classified as a commuter street for which
the City already has sufficient right-of-way. The Department of
Community Planning and Development feels that the property could
be usefully acquired for landscape purposes.
The terms of the agreement include that within ten years following
the date of purchase, the City will not offer said properties for
resale. That within ten years from date of purchase, the City will
devote said property to the public purpose for which they acquired
it. That in the event the City fails to devote said property to
the stated public purpose within ten years or the City attempts to
sell the property for any reason, the terms of the agreement and
the deed will automatically revert the property from the ownership
of the City to the ownership of the State of California.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
Not applicable
FINANCIAL CONSIDERATIONS:
The purchase price for the property is $40.00 which can be allocated
from account #01-4120-213.
ALTERNATE ACTIONS:
1. Authorize the purchase of the property.
2. Do not authorize the purchase of the property.
3. Request more information from Staff.
RECOMMENDATION:
By Resolution, authorize the purchase of the tax delinquent property
designated as AP# 650-090-06 for the sum of $40.00 and authorize the
Mayor and City Clerk to execute the agreement on behalf of the City.
y ,submit
W. D. Murptyy _
WDM/BP:ol FOr '.;'l ;1f 4.;35_ ,AGENDA
attachment
•
RESOLUTION NO
PURCHASE OF
ROAD FOR LA
84-2-21-8
ADJACENT TO RO
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, OFFERING
TO PURCHASE TAX DEEDED PROPERTY FROM THE
COUNTY OF ORANGE TO BE USED FOR LANDSCAPE
PURPOSES - PROPERTY LOCATED ADJACENT TO
ROSENBAUM ROAD
WHEREAS, the property known as Assessor's Parcel No.
650-090-06 is located in the City of San Juan Capistrano and has
been deeded to the State of California for delinquent taxes; and,
WHEREAS, said delinquent taxes include taxes levied by
the City which are collected on behalf of the City by the Orange
County Tax Collector; and,
WHEREAS, said property has been offered for sale by the
County of Orange as provided in Division I, Part 6, Chapter 8 of
the Revenue and Taxation Code; and,
WHEREAS, the City of San Juan Capistrano desires to
purchase said property to be used for landscape purposes for the
City of San Juan Capistrano. -
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby offer to purchase
the subject property, Assessor's Parcel No. 650-090-06, for the
total amount of Forty Dollars ($40.00) from the County of Orange.
BE IT FURTHER RESOLVED, that the City Council agrees to
the terms and conditions of the agreement and directs the City
Clerk to forward a certified copy of this Resolution to the
County of Orange along with said agreement.
PASSED, APPROVED AND ADOPTED this 21st day of
February , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
ATTEST:
CITY CL5RK
NOES: None
ABSENT: None
ANTHONY BLAND, MAYOR
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