1990-0102_SEZZON PROPERTIES, INC._Purchase and Sale AgrI. • . City Copy
PURCHASE AND SALE AGREE
THIS PURCHASE AND SALE AGREEMENT is made this 2nd day
of nuary 19 90 by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as Buyer, and SEZZON PROPERTIES, INC.,
hereinafter referred to as Seller.
Seller and Buyer mutually agree as follows:
Purchase Price/Description of Property/Timing of Payment.
Seller agrees to sell and Buyer agrees to buy a portion of that certain real
property known as Lot 34, Record of Survey, San Juan Capistrano RS2-46, Official
Records of the County of Orange, California, Assessor's Parcels No. 666-292-01 and
666-292-02, in the form of a Slope Easement, more particularly described in Exhibit A
attached and incorporated herein by reference. The purchase price for this property
shall be $32,000.00. The purchase price shall be paid all in cash.
Buyer shall pay to Seller said purchase price within 10 days following City
Council's approval of this Agreement.
2. Title.
Seller's right to convey said easement shall 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.
i
t3�9_�uyer shall have the right, prior to close of escrow, to inspect the
propertyand/peMer 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
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
• 0
thoroughly read and understood each of the provisions contained herein prior to signing
this document.
7. Time of the Essence.
Time is of the essence.
Executed at
first above written.
ATTEST:
San Juan Capistrano
/
ity Cler
on the day and year
CITY OF SAN JUAN CAPISTRANO
"Buyer"
a
Ti
SEZZON PROPERTIES, INC.
By
Title: f'kx510Z-"r
0
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
40
Documentary Transfer Tax
No Tax Due
Recording Request 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,
SEZZON PROPERTIES, INC., hereinafter referred to as Grantor, does hereby GRANT to
CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as Grantee, 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:
ing:
DESCRIPTION OF EASEMENT:
See "Exhibit A" attached for legal description.
The Grantor hereby grants, bargains, sells and conveys to the Grantee the follow-
1. A right, during the period of construction of the LA NOVIA right-of-way
extension, to enter the described area to make tests, grade, reinforce and landscape the
property in sufficient quantity to allow the construction of the right-of-way on the
adjacent property which is owned by the Grantee.
2. A right and obligation on the part of Grantee to continue in perpetuity, to
maintain the landscaping and any associated hardscape to assure the continued stability
of the slope and the esthetics of the planted area. The Grantee shall maintain landscap-
ing after Guarantee's construction of improvement on Grantee's property.
0 0
3. A right and an obligation on the part of Grantee to enter the property to
make repairs to the property as may be required.
The Grantor reserves the right to construct improvements on the easement granted
hereby so long as said improvements do not otherwise violate the building codes of the
City of San Juan Capistrano regarding set backs from property lines and do not interfere
with the roadway to be built by the City of San Juan Capistrano.
The parties agree that this grant of easement shall not affect the rights of the
Grantor to construct improvements on the Grantors property, including the easement area
and that the existence of the easement shall not affect the normal building set -backs
under the building code for the City of San Juan Capistrano.
This easement is granted to the Grantee, its heirs, assigns, successors, administra-
tors and licensees and is for the benefit of and appurtenant to, the said land of Grantee.
IN WITNESS WHEREOF the Grantor has executed this document this
day of 1989.
SEZZON PROPERTIES, INC.
By:
COMMONWEALTH OF MASSACHUSETTS )
ss.
COUNTY OF )
On 1989, before me, the undersigned, a Notary Public in and
for said State, personally appeared I , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person that executed the
within instrument as the Secretary of the Corporation that executed
the within instrument and acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
[seal] tt a ,;� . 141
E12lly
G R P LIC
Notary Public
misaton Expires On
February1993 3
0
EXHIBIT "A"
0
La Novia Avenue Right of Way extension across property owned by Tekmar
Development, as recorded in Inst. No. 86-655825, 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:
For slope easement and construction purposes:
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, North 550 28' 25" East 165.00 feet; thence departing said westerly line
North 830 17' 36" West, 262.45 feet to a point on the easterly line of
property described in a deed to the State of California, recorded in Book
8404, page 963, Official Records; thence along said easterly line South 90 50'
02" West, 122.00 feet; thence departing said easterly line South 880 26' 25"
East, 145.61 feet to the POINT OF BEGINNING.
H
d
c
0
ro
Ro
'l
L
42
N
rl
L7
L4 L3 S
09.5p•02.
u z
Cn n
z
O p
W
co 122.00.
=
oo-U
N OD -i
z
rnm Du� m vA
'
�� `�(N'o
PC =
2+64.
eco
O to X 0
n
j N U nj (p O
d � NMm
f*t •
N' Ol
O y Z
N m
'm.
y
r
09'9Zl
0.
=Nm
S f y N 1
r
3'
Ell y u w
6l
_ 1
ti
4
u,
N N N
1
Z
1
� J
Lp
y
B.
zOD
1 �!
w,D
U W
A
F
NIu
O
SIN
GJiA
010
O O
O W
a
�d
f
V5 fig+ �1
I�
1
OD
I
I
q� 8 F
U C A
ti
frr
q� 8 F
E
LAND {r 4_ ..
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.
2. 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: Sezzon 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
slope easement on land owned by Sezzon Properties, Inc. to accommodate the
construction of the La Novia extension. The slope area in question is identified in the
attached exhibits. An appraisal of the slope easement has been prepared by the Schooler
Company indicating a fair market value of $32,000.
The appraisal has been offered to Sezzon Properties and this offer has been accepted. A
Purchase Agreement and Slope Easement have been prepared and signed by Sezzon
Properties, Inc.
Accordingly, it is recommended that the City Council approve the Purchase Agreement
and authorize acceptance of the Slope Easement.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
Not applicable.
FINANCIAL CONSIDERATIONS:
The acquisition cost is $32,000. These funds will be funded through the Reimbursement
Agreement with Glendale Federal.
NOTIFICATION:
Not applicable.
ALTERNATE ACTIONS:
1. Approve Purchase Agreement and accept Slope Easement.
2. Do not approve these documents.
FOR CITY COUNCIL A7 '
0
RECOMMENDATION:
0
By motion, approve the Purchase Agreement and authorize the Mayor to execute same;
accept Slope Easement.
Reect ly submitted,
JO R. SHAW
Ci Attorney
JRS/ef
Attachments
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
Documentary Transfer Tax
No Tax Due
Recording Request 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,
SEZZON PROPERTIES, INC., hereinafter referred to as Grantor, does hereby GRANT to
CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as Grantee, 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:
ing:
DESCRIPTION OF EASEMENT:
See "Exhibit A" attached for legal description.
The Grantor hereby grants, bargains, sells and conveys to the Grantee the follow-
A right, during the period of construction of the LA NOVIA right-of-way
extension, to enter the described area to make tests, grade, reinforce and landscape the
property in sufficient quantity to allow the construction of the right-of-way on the
adjacent property which is owned by the Grantee.
2. A right and obligation on the part of Grantee to continue in perpetuity, to
maintain the landscaping and any associated hardscape to assure the continued stability
of the slope and the esthetics of the planted area. The Grantee shall maintain landscap-
ing after Guarantee's construction of improvement on Grantee's property.
0
0
3. A right and an obligation on the part of Grantee to enter the property to
make repairs to the property as may be required.
The Grantor reserves the right to construct improvements on the easement granted
hereby so long as said improvements do not otherwise violate the building codes of the
City of San Juan Capistrano regarding set backs from property lines and do not interfere
with the roadway to be built by the City of San Juan Capistrano.
The parties agree that this grant of easement shall not affect the rights of the
Grantor to construct improvements on the Grantors property, including the easement area
and that the existence of the easement shall not affect the normal building set -backs
under the building code for the City of San Juan Capistrano.
This easement is granted to the Grantee, its heirs, assigns, successors, administra-
tors and licensees and is for the benefit of and appurtenant to, the said land of Grantee.
IN WITNESS WHEREOF the Grantor has executed this document this
day of �e ( 1989.
SEZZON PROP RTIES', INC..
COMMONWEALTH OF MASSACHUSETTS )
D
ss.
COUNTY OF
On � V i !�' 1989 before me, hersigned, a Notary Public in and
for said State, personally appeared unde, personally known to me (or
proved to me on the basis 4f satisfactory vidence) to be the person that executed the
within instrument as the j Ard_4, ,+ Seorsiorof the Corporation that executed
the within instrument and acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
[seal]
g6n f ra G. Stam -
NotW7 Public
CommiMton EaMiree On
12 February 1993
EXHIBIT "A"
La Novia Avenue Right of Way extension across property owned by Tekmar
Development, as recorded in Inst. No. 86-655825, 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:
For slope easement and construction purposes:
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, North 550 28' 25" East 165.00 feet; thence departing said westerly line
North 830 17' 36" West, 262.45 feet to a point on the easterly line of
property described in a deed to the State of California, recorded in Book
8404, page 963, Official Records; thence along said easterly line South 90 50'
02" West, 122.00 feet; thence departing said easterly line South 880 26' 25"
East, 145.61 feet to the POINT OF BEGINNING.
90
0
H
d
[%9
�V
0
<<� Rok) 2
�2
N
_. L4 L3
r-
VA
S 09-50.02-
`D
722.00. W
moo
NIW�m
W
rn
2
PC
w my
co yP
o 2+64.1
�� owo
L4ZKn�
n
na
Nrn Nrnm
Z�rzNT
_
m
J
l S
y�En
zN w
3pZ0.
U
1
O
6l
5l1
y N rn _
Z��
+
C-)
,' £p.r
'o.
co
■
J
J
OD
W
N
U
(.!LA
O
O
O O
. O
f
W
08
m
co
■
r
Z
m
ti
m
, o'gj
VACCf ROAD
N
1
0
0
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT is made this day
of '19____, by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as Buyer, and SEZZON PROPERTIES, INC.,
hereinafter referred to as Seller.
Seller and Buyer mutually agree as follows:
Purchase Price/Description of Property/Timing of Payment.
Seller agrees to sell and Buyer agrees to buy a portion of that certain real
property known as Lot 34, Record of Survey, San Juan Capistrano RS2-46, Official
Records of the County of Orange, California, Assessor's Parcels No. 666-292-01 and
666-292-02, in the form of a Slope Easement, more particularly described in Exhibit A
attached and incorporated herein by reference. The purchase price for this property
shall be $32,000.00. The purchase price shall be paid all in cash.
Buyer shall pay to Seller said purchase price within 10 days following City
Council's approval of this Agreement.
2. Title.
Seller's right to convey said easement shall 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.
�oye�uyer shall have the right, prior to close of escrow, to inspect the
propert and/45eifer 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
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.
7. Time of the Essence.
Time is of the essence.
Executed at
first above written.
on the day and year
CITY OF SAN JUAN CAPISTRANO
"Buyer"
By:
Ti
SEZZON PROPERTIES, INC.
By
�
Title: i
•
January 5, 1990
Sezzon Properties, Inc.
c/o Tekmar Development
9 Newberry Street
Boston, Massachusetts 02171
Re: La NoviaLa Novia Right -of -Way -of -Way
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWART2E
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 land owned by
Sezzon Properties @ $32,000 in order to construct the extension of La Novia
Avenue. Council also authorized acceptance of a Slope Easement necessary for
that construction.
A fully -executed copy of the Purchase and Sale Agreement is enclosed for your
files. The Slope Easement has been forwarded to the Orange County Recorder, If
you have any questions, please do not hesitate to call.
Very truly yours,
Mary Ann Hanover, CMC.
City Clerk
MAH/c)
Enclosure
cc: Gerald Gibbs
City Attorney
X1400 FASEO AUEt AN (0 r1AN )11:.•1 i:.01' IHANO. CALIFORNIA 92675 6 (714) 499-1171