1989-1214_HALL , RICHARD_Purchase and Sale AgreementCity Copy
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PURCHASE AND SALE AGREEMENT
of �HIS PURCHASE AND SALE AGREEMENT is made this �_ day
�e-A'I6/r , 19a4 by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as Buyer", and RICHARD HALL, hereinafter
referred to as "Seller".
Seller and Buyer mutually agree as follows:
1. Purchase Price/Description of Property Timing of Payment.
Seller agrees to sell and Buyer agrees to buy that certain real property
more particularly described in Exhibit A and attached and incorporated herein by
reference. The purchase price for this property shall be $219,000.00. The purchase price
shall be paid all in cash.
In addition, Seller shall convey to Buyer a "temporary construction and
slope easement" attached as Exhibit B and incorporated herein by reference.
Buyer's obligation of purchase is contingent on Buyer receiving developer
contributions. Buyer shall pay to Seller the purchase price within 15 days of receiving
contributions from developer contributions. Seller reserves the right to terminate this
agreement if Buyer does not tender the purchase price to Seller within 180 days from
execution of this agreement.
2. Title.
Title is to be free and clear of all liens, encumbrances, easements,
restrictions, rights and conditions known to Seller. Buyer may, at Buyer's option, obtain
a standard California Land Title Association policy insuring title to Buyer. If Seller fails
to deliver fee title as provided herein, Buyer, at its option, may terminate this
agreement.
3. Escrow.
Buyer, at Buyer's option, may open an escrow with an escrow company of
its choice within ten (10) days of execution of this agreement so as to effectuate proper
transfer of title. Title to the property shall vest in the "City of San Juan Capistrano, a
Municipal Corporation". Buyer shall be responsible for paying all escrow costs.
4. Possession.
Possession shall be delivered to Buyer upon transfer of title.
5. Condition of Property.
Buyer shall have the right, prior to close of escrow, to inspect the
property and Seller shall be responsible for insuring that the property to be acquired is
free of all debris.
6. Entire Agreement.
This Agreement contains the entire agreement of the parties, and any
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agreement or representation affecting the property or the duties of the Buyer and Seller
in relation thereto, not expressly set forth herein, is null and void. Each party also, in
addition to acknowledging receipt of a copy hereof, acknowledges that they have
thoroughly read and understood each of the provisions contained herein prior to signing
this document.
Time of the Essence.
Time is of the essence.
Executed at on the day and year
first above written.
ATTEST
city
C e -i
APPROVED AS TO FORM
Q 4jl-� -
City Attorney
CITY OF SAN JUAN CAPISTRANO
"Buyer"
By:
Title: L. a sdorferaavor
— 4 Y --,Z I I -/W-� �
RICHARD HALE, "Sell r"
Recorded at the Request of
and Return to:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano. CA 92673
is
Documentary Transfer Tax
No Tax Due
Recording Requested Per Government
Code Section 6103
MARY ANN HANOVER. CITY CLERK
CITY OF SAN JUAN CAPISTRANO
Project No.:
Project: Lallovia Avenue
Extension
Parcel No. 1:
CONSTRUCTION AND SLOPE EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RICHARD A. HALL, does hereby GRANT to CITY OF SAN JUAN CAPISTRANO, a
construction and slope easement for street purposes in, on and over the real property in
the City of San Juan Capistrano, County of Orange, State of California, described as:
DESCRIPTION OF EASEMENT:
See "Exhibit All attached for legal description.
BY: �,
Richard A. Hall, Grantor
STATE OF CALIFORNIA )
ss:
COUNTY OF )
DATE: 1Z -1Z
On G%c h2r,' . 1989, before me, the undersigned, a Notary Public in and for
said State, personally appeared /Z&///4RD A ifs ll , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person that executed the
within instrument and acknowledged to me that he executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
JAMES MWEY JONES
SEAL
NOIAFV 'UauC CALIFORNIA
`R;NCIv:. 01 =ICE
N r Public
y
UHAN^.-COUNTV
My COMMISS101I Ev Oct. I8, 1993
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EXHIBIT "A"
LA NOVIA AVENUE EXTENSION R.O.W. ACROSS
PROPERTY OWNED BY RICHARD A. HALL
AS RECORDED IN 1NS7. NO. 85-524912, OFFICIAL RECORDS
Those portions of Section 12, Township 8 South, Range 7 West of the San
Bernardino Meridian, in the City of San Juan Capistrano, County of Orange,
State of California, according to the Official Plat of said land filed in the
District Land Office, April 12, 1875, and that portion of Lot 42, in Township
8 south, Range 7 West, in the Rancho Boca de la Playa in said city and county,
as per map recorded in Book 4, pages 118 and 119 of Patent in the office of
the County Recorder of Los Angeles County, California, described as follows:
Beginning at an angle point in the westerly line of a parcel of land shown on
a map recorded in Book 91, page 29, Record of Surveys, in the office of said
Orange County Recorder, said point being also an angle point in the
northwesterly line of Lot 5, as shown on a map recorded in Book 4, page 15,
Record of Surveys, in the office of said Orange County Recorder, thence along
the westerly line of said parcel of land shown on a map in said Book 91, page
29, South 100 04' 47" East, 126.60 feet to the TRUE POINT OF BEGINNING; thence
continuing along said westerly line South 100 04' 47" East, 53.00 feet; thence
departing said westerly line North 880 36' 38" West, 226.33 feet to an angle
point in the easterly line of property described in a deed to the State of
California, recorded in Book 8401, page 344, Official Records; thence along
said easterly line North 180 04' 40" East, 61.81 feet; thence departing said
easterly line South 790 41' 30" East, 31.53 feet; thence along a curve concave
northerly, having a radius of 592.00 feet, through a central angle of 160 12'
32", an arc length of 167.48 feet to the POINT OF BEGINNING.
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Recorded at the Request of
and Return to:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
GRANT DEED
Is
Documentary Transfer Tax
No Tax Due
Recording Requested Per Government
Code Section 6103
MARY ANN HANOVER. CITY CLERK
CITY OF SAN JUAN CAPISTRANO
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD A.
HALL does hereby GRANT to CITY OF SAN JUAN CAPISTRANO, Municipal Corporation, the
following described real property in the City of San Juan Capistrano, County of Orange, State of
California. State of California.
For legal description, see "Exhibit A" attached.
BY: t4l
Richard A. Hall, Grantor
STATE OF CALIFORNIA )
ss:
COUNTY OF )
DATE: 12
On OEL , jejTO . 1989, before me, the undersigned, a Notary Public in and for said State,
personally appeared /P_&.6fgRD 4 44 , personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person that executed the within instrument and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
SEALJAMES DEWEY JONES i
NOTARY PUBLIC CALIFORNIA Ile e�
s PRINCIPAL OFFICE IN N ry Publi
ORANGE COUNTY
My tommiuloo Exp. Oct. 19. 1993
EXHIBIT "A"
LA NOV1A AVENUE EXTENSION R.O.W. ACROSS
PROPERTY OWNED BY RICHARD A. HALL
AS RECORDED IN INST. NO. 85-524912, OFFICIAL RECORDS
Those portions of Section 12, Township 8 South, Range 7 West of the San
Bernardino Meridian, in the City of San Juan Capistrano, County of Orange,
State of California, according to the Official Plat of said land filed in the
District Land Office, April 12, 1875, and that portion of Lot 42, in Township
8 south, Range 7 West, in the Rancho Boca de la Playa in said city and county,
as per map recorded in Book 4, pages 118 and 119 of Patent in the office of
the County Recorder of Los Angeles County, California, described as follows:
Beginning at an angle point in the westerly line of a parcel of land shown on
a map recorded in Book 91, page 29, Record of Surveys, in the office of said
Orange County Recorder, said point being also an angle point in the
northwesterly line of Lot 5, as shown on a map recorded in Book 4, page 15,
Record of Surveys, in the office of said Orange County Recorder, said point
being the TRUE POINT OF BEGINNING; thence along the westerly line of said
parcel of land shown on a map in said Book 91, page 29, South 100 04' 47"
East, 126.60 feet to a point of non -tangent curvature, a radial line through
said point bearing North 50 54' 02" West; thence departing said westerly line
along a curve concave northerly, having a radius of 592.00 feet, through a
central angle of 160 12' 32", an arc length of 167.48 feet; thence North
790 41' 30" West, 31.53 feet to a point on the easterly line of property
described in a deed to the State of California, recorded in Book 8401, page
344, Official Records; thence along said easterly line the following two (2)
courses and distances:
1) North 180 04' 40" East, 68.00 feet,
2) North 90 50' 02" East, 52.67 feet;
thence departing said easterly line South 880 26' 25" East 145.61 feet to the
POINT OF BEGINNING. The above described property contains 21,508 square feet,
or 0.49 acres, more or less.
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CITY ATTORNEY
LAND PURCHASE AGREEMENT - LA NOVIA RIGHT-OF-WAY (HALL)
i9 (600.301
Written Communication:
Report dated January 2, 1990, from the City Attorney,
regarding the acquisition of a portion of Richard Hall's
land (Capistrano Terrace Mobilehome Park) in order to
accommodate the construction of the extension of La Novia
Avenue. Mr. Shaw noted that no spaces would be affected
in the mobilehome park.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
Purchase Agreement be approved, at the fair market value
price of $219,000, and the Grant Deed and Slope Easement
documents accepted for the acquisition of the Hall property
for the La Novia extension. The Mayor and City Clerk were
authorized to execute the Agreement on behalf of the City.
LAND PURCHASE AGREEMENT - LA NOVIA RIGHT-OF-WAY (SEZZON)
(600.30)
Written Communication:
Report dated January 2, 1990, from the City Attorney,
regarding the acquisition of a slope easement on land owned
by Sezzon Properties, Inc. in order to accommodate the
construction of the La Novia extension.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
Purchase Agreement be approved, at the fair market value
price of $32,000, and the Slope Easement documents accepted
for the acquisition of the Sezzon easement for the La Novia
extension. The Mayor and City Clerk were authorized to
execute the Agreement on behalf of the City.
-14-
1/2/90
AGENDA ITEM: January 2, 1990
TO: Stephen B. Julian, City Manager
FROM: John R. Shaw, City Attorney
SUBJECT: Hall Land Purchase and Sale Acquisition Agreement
SITUATION:
As a part of the building of the La Novia extension, it will be necessary to acquire a
portion of Richard Hall's land, (Capistrano Terrace Mobile Home Park) to accommodate
the construction of the La Novia extension. The areas within the Hall property needed
for the construction of project include a right-of-way take area and a slope easement
area. These areas are described in the Exhibits. An appraisal for the property has been
prepared by the Schooler Company indicating a fair market value of $219,000.
The appraisal figure has been offered to Richard Hall and he has accepted this figure. A
Purchase Agreement, Grant Deed and Slope Easement have been prepared and signed by
Richard Hall.
Accordingly, it is recommended that the City Council approve the Purchase Agreement
and authorize acceptance of the Grant Deed and Slope Easement.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
Not applicable.
FINANCIAL CONSIDERATIONS:
Acquisition cost is $219,000. These funds will be funded through the Reimbursement
Agreement with Glendale Federal.
NOTIFICATION:
Not applicable.
ALTERNATE ACTIONS:
1. Approve Purchase Agreement and accept Grant Deed and Slope Easement.
2. Do not approve these documents.
FOR CRY COUNCIL AGENDO.""
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RECOMMENDATION:
By motion, approve the Purchase Agreement and authorize the Mayor to execute same;
accept Grant Deed and Slope Easement documents.
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Respe(Afully submitted,
J R. SHAW
Attorney
JRS/ef
Attachments
0
4�
J�mlelral�e
muulxR 1961
1776
January 5, 1990
Mr. Richard Hall
3187-H Airway Avenue
Costa Mesa, California 92626
Re: La NoviaLa Novia Right -of -Way -of -Way
Dear Mr. Hall:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their regular meeting held January 2, 1990, the City Council of the City of San
Juan Capistrano approved the agreement to purchase a portion of the Capistrano
Terrace Mobilehome Park @ $219,000 in order to construct the extension of La
Novia Avenue. Council also authorized acceptance of a Grant Deed and Slope
Easement necessary for that construction.
A fully -executed copy of the Purchase and Sale Agreement is enclosed for your
files. The Grant Deed and Slope Easement have been forwarded to the Orange
County Recorder. If you have any questions, please do not hesitate to call.
Very truly yours,
44
Mary Ann I 1&iover, CMC
City Clerk
MAH/cj
Enclosure
cc: City Attorney
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171