1994-0125_ORANGE, COUNTY OF_Agreement.I;
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A G R E E M E N T
A23E HENT FCR =_F. PURCHASE BY A CITY OF TAX DEFAULTED PROPERTY AS
PROVIDED BY DIVISION I, PART 6, CHAPTER 8, OF THE CALIFORNIA REVENUE
AND TAXATION CODE.
THIS AGREEMENT, made this ocvTZF day of �}tilUA-R,y 1994
by and between the Board of Supervisors of the County of Orange, State
of Calif; rnia, 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 Califc_nia Revenue and Taxation Code,
W I T N E S S E T H:
WH=v.EAS, there is situated in CITY that certain real property
described in Exhibit "A", attached hereto and made a part hereof,
which has been tax defaulted for five years or more; and
WHEREAS, the taxes which are levied on said property include
taxes 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, for
open space
purposes and
intends to devote the property to said purposes within 2 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 of the tax -defaulted real property
described in Exhibit "A", attached hereto (or such portion of said
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7_o,e:rty �,hich shall not have been redeemed as provided in the Revenue
end Taxation Code), upon payment by CITY to the Orange County Tax
C311ector of :he sum set forth in said Exhibit "A", under the heading
"PURCHASE PRICE," within 10 days after this Agreement becomes
effective.
2. That for 2 years following the date upon which this Agree-
ment becomes effective, CITY will not offer said property for sale.
3. That within 2 years from the date this Agreement becomes
effective CIT7 will either devote said property to open space
purposes, or execute a recision of the tax
,deed as provided for in paragraph 4 herein.
4. That in the event CITY fails to devote said property to
open space purposes within 2 years after the date
of recordation of the deed, or if CITY desires to divest itself of
said property within said 2 year period, and not within any extension
period approved by the Board of Supervisors, CITY shall execute a
recision of the tax deed which conveyed such property to CITY, and the
status of such property will return to that of tax defaulted real
property.
5. That as provided by Section 3808 of the Revenue and Taxation
Code, the amount of the "PURCHASE PRICE" paid pursuant to this Agree-
ment to the Orange County Tax Collector shall be deposited, like tax
collections, in the delinquent sale trust fund and shall be distribut-
ed pursuant to Section 4671 et seq. of the Revenue and Taxation Code.
/
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6. That as zrovided in Section 3800 0£ the Revenue and Taxat
Code, the cost of giving notice of this Agreement shall be paid by
CITY.
IN WITNESS WEEiLOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officers.
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
/ i vel,
PHYLLIS A. HENDERSON
erk of the Board of Supervisors
County of Orange, CaCdomie
ATT}T'EST
Cheryl Johd9on V City Clerk
BOARD OF SUPERVISORS -OF ORANGE COUNTY
By
Chairman
CITY OF SAN JUAN CAPISTRANO
a municipal corparatson�
By-
May—OX Gil Jones 11/2/93
APPROVED this 19th day of Anril r
19 94
GRAY DAMS, STATE CONTROLLER
By =��
Earl L. Lucas, Assistant Deputy
State Controller
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_j:roperty described therein.
B6/131
ERT L. CITRON
my Treasurer -Tax Collector
By
Deputy
3.
APPROVED AS TO FORM
TERRY C. AN=, Ca" Carnal
ORANGE COUNTY. CAU ORNIA
v Deputy
Dote: q—l8-92--
I
0
E X H I B I T "A"
oescripticn First Year Default
Delinquent Number
AP# 650-412-13
TR No 11093 Lot C
B6/131
4.
87-015210
Purchase
Price
$100.00
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1776
January 19, 1995
Capistrano Royale Homeowners Association
29611 Monarch Drive
San Juan Capistrano, California 92675
Re: Transfer of Tax Default Parcel
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GILMNES
CAROLYN NASFI
DAVID SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of January 17, 1995, the City Council of the City of San Juan Capistrano adopted
Resolution No. 95-1-17-3, which authorized the transfer of property that was part of the open space
dedication associated with the former developer of the Capistrano Royale Subdivision. A copy of
Resolution No. 95-1-17-3 is enclosed for your files.
The City Attorney's office will be handling the remainder of the property transfer. Please contact
Connie Day, Legal Assistant, at 443-6313, if you have any questions.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: City Attorney
Public Lands and Facilities Director
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
RESOLUTION NO 95-1-17-2 ACCEPTANCE OF PEPPERTREF BEND
RECREATIONAL T UL ACCESS ACREE1 ZNT (BEAR RgANp
RANCH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE
PEPPERTREE BEND RECREATIONAL TRAIL ACCESS AGREEMENT
WITHIN A PORTION OF LOTS A, B, AND C OF TRACT 10593 (BEAR
BRAND RANCH)
The Mayor and City Clerk were authorized to execute the Agreement, and the City Clerk was
directed to record the Agreement with the County Recorder.
6. RESOLUTION AUTHORIZING TRANSFER OF TAX DEFAULT PARCEL_, M
CAPISTRANO ROYALE HOMEOWNERS ASSOCIATION (ASSESSOR'S
PARCEL NUMBER 650-412-13) (600.50)
T
As set forth in the Report dated January 17, 1995, from the City Attorney, the following
Resolution was adopted authorizing the transfer of Assessor's Parcel Number 650-412-13 to
the Capistrano Royale Homeowners Association:
.�Y•I.1.1lII[i7►1►`�•C1110-11MAIM 10J L VA h RM NAIN► MITAWN
Sul a 11
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
TRANSFER OF TAX DEFAULT PROPERTY, ASSESSOR'S PARCEL
650-412-13, TO THE CAPISTRANO ROYALE HOMEOWNERS
ASSOCIATION
The City Council approved purchase of the tax default property from the County on
November 1, 1993, with the intent that it be transferred to the Capistrano Royale
Homeowners Association. The Association will reimburse the City for the $100 spent to
purchase the property from the County.
l��Y•]7I.1111[i7►��i;�;Z•�1►[e;flt.t u • • • r.i : • 1
1 -111 IN 63 i Clem rel .1 ; I VC11 RI In ltelel131.r ROOMr
As set forth in the Report dated January 17, 1995, from the Planning Director, the following
Resolution was adopted approving proposed modifications to the Lacouague building, which
included enclosing the rear service porch and replacing three existing roll -up garage doors
with a set of french doors and window panels; and, various modifications to bring the
structure into compliance with the Americans with Disabilities Act:
City Council Minutes -5- 1/17/95
AGENDA TTEM January 17, 1995
TO: George Scarborough, City Manager
FROM: Richard K. Denhalter, City Attorney
SUBJECT: Resolution Authorizing Transfer of Tax Default Parcel (AP #650-412-13) to
Capistrano Royale Homeowners Association
RECOMMENDATION:
By motion, adopt the attached resolution authorizing the City of San Juan Capistrano to transfer Tax
Default Parcel (AP #650-412-13) to the Capistrano Royale Homeowners Association
SITUATION:
The City of San Juan Capistrano was notified by the County of Orange on August 4, 1993, that a
parcel of land, identified as AP #650-412-13, was in a tax default status. The City of San Juan
Capistrano was given the option of purchasing the above -referenced property for a cost of $100.00.
The property was part of the Open Space Dedication associated with Goeden Development, the
original developer of the Capistrano Royale Subdivision. The parcel originally was intended to be
transferred to the Capistrano Royale Homeowners Association ("Association"), however, the transfer
was never completed. The City reached an agreement with the County of Orange to purchase the
property and subsequently transfer the property to the Association, which action was approved by
Council at the November 2, 1993 meeting. The City adopted Resolution No. 93-11-14 on
November 2, 1993 authorizing the purchase of the property; however, the Resolution did not
authorize the transfer of the property to the Association. The sale of the property to the City has now
been completed, and the City is preparing to transfer the property to the Association. Staff
recommends that the City adopt the attached resolution authorizing the transfer of the property to
the Association.
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The property was purchased for the sum of One Hundred Dollars ($100.00). This amount willbe
reimbursed to the City by the Association prior to transfer of the property.
NOTIFICATION:
Capistrano Royale Homeowners Association
FOR CITY COUNCIL AGEN ��
0
0
Agenda Item -2- January 17, 1995
AL RNATE ACTIONS:
By motion, adopt the attached resolution, authorizing the City of San Juan Capistrano to
transfer Tax Default Parcel 4650-412-13 to the Capistrano Royale Homeowners Association.
2. Do not approve the transfer of Tax Default Parcel #650412-13 to the Capistrano Royale
Homeowners Association.
3. Request additional information from staff.
RECOMMENDATION:
By motion, adopt the attached resolution, authorizing the City of San Juan Capistrano to transfer Tax
Default Parcel #650412-13 to the Capistrano Royale Homeowners Association.
Respectfully submitted,
Pk - I(JA
RICHARD K. DENHALTER
City Attorney
Attachment
RESOLUTION NO. 95-1-17-3
go i Lei i VA l\ -mim al 31-mligmwe_I *,U) 9 34 63 Wa 11010i 1 3KOKI j RI MR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE TRANSFER OF TAX
DEFAULT PROPERTY, ASSESSOR'S PARCEL NO. 650-412-13, TO THE
CAPISTRANO ROYALE HOMEOWNERS ASSOCIATION
WHEREAS, on November 2, 1993, the City Council of the City of San Juan
Capistrano adopted Resolution No. 93-11-2-4, approving the purchase of tax default property,
Assessor' s Parcel No. 650-412-13 (the "Property"); and,
WHEREAS, the City acquired the Property for the express purpose of transferring
the Property to the Capistrano Royale Homeowners Association upon completion of the sale, and,
WHEREAS, the City's purchase of the Property was completed on November 10,
1994; and,
WHEREAS, it is in the best interest of the City of San Juan Capistrano to transfer
the Property to the Capistrano Royale Homeowners Association.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby authorize the transfer of the Property to the Capistrano Royale
Homeowners Association.
PASSED, APPROVED, AND ADOPTED this 17th day of
January 11995.
ATTEST:
CITY CLE
CAROLYN NA9H, MAYOR
-t-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
9S-1-17-3 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of January 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J0104SON, CITY CLERK
-2-
PLEASE COMPLETE THIS INF#PATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
-0- 11/92
- ;Cr
K 11i i_'T; =[ Rerc.ir_b
OFii la
TITLE: 1)42e-9 1-0 CJ Y
or
�ougk�and Q5 -6/d
�qes--X4 93 -/i -A-41
THIS PAGE ADDEO TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
a
RECORDING REQUESTED BY AND ,
WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENT TO:
City Df San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
I(- - (,,v) .,,V -- j rI cq
preb to (f itu
A.P. NO. 650-412-13
TRA 23-027
THIS INDENTURE, made the 10th day of November '19 94 ,
between ROBERT L. CITRON, Tax Collector of the County of Orange, State of California (hereinafter, 'TAX COLLECTOR"), and the City
of San Juan Capistrano (hereinafter, "CITY"), witnesseth;
THAT WHEREAS, the legally levied taxes on the real property hereinafter described were a lien on said property for Fiscal Year
1986-87 , and were not paid, and said taxes were duly declared to be in default, and said real property was subject to a power
of sale pursuant to Section 3691 for nonpayment of taxes which were legally levied and were a lien on said property; and
WHEREAS, in conformity with the provisions of Division 1, Part 6, Chapter 8, Article 2 of the Revenue and Taxation Code of the
State of California, an agreement for the sale of said real property has been entered into between the governing body of CITY, and the
Board of Supervisors of the County of Orange, State of California, pursuant to which TAX COLLECTOR has been authorized to grant to
CITY, for value duly received, the real property described below;
NOW, THEREFORE, in consideration of the premises and in accordance with the law in such case made and provided, TAX
COLLECTOR does hereby grant, convey and deed to CITY, for the sum of $100.00 (One hundred dollars and no
cents)
that certain real property referred to herein, and situated in the County of Orange, State of California, more particularly described as
follows, to wit:
LOCATED WITHIN THE CITY OF OF SAN JUAN CAPISTRANO
Tract No. 11093
Lot C
This conveyance is made and accepted upon the following express conditions:
•
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
November 5, 1993 /v " ` 4
X10 r�v&d
Rogelia Laguna
Tax Defaulted Property Agent
County of Orange ���o `j I l�C�h �n
Treasurer -Tax Collector Office,�
106 Finance Building, 630 North Broadway
P. O. Box 1438 / a' n 1K
Santa Ana, California 92702
gC�GC (,c1Y)
Re: Purchase of Tax Default Property - Assessor's Parcel 650-412-13 L / / Z — 7
(T.C. Sale #1332)
Dear Ms. Laguna:
At their meeting of November 2, 1993, the City Council of the City of San Juan Capistrano
took action to approve the City's purchase of the tax defaulted property known as Assessor
Parcel No. 650412-13 for 5100. A certified copy of Resolution No. 93-11-24, setting forth
the City Council's approval, is enclosed for your files.
Five copies of the agreement for purchase of the property, signed by the City, will be
forwarded to you by Ron Sievers, Director of Public Lands and Facilities, who will also
coordinate the remaining technicalities of this transaction.
Thank you for your cooperation in this matter.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
CC,. Director of Public Lands and Facilities
gllal9q ? 6aw
32400 PASO ACCLANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 498.1171
In11IIrrrOO
• IIunu 1961
1776
November 5, 1993
Rogelia Laguna
Tax Defaulted Property Agent
County of Orange
Treasurer -Tax Collector Office
106 Finance Building, 630 North Broadway
P. O. Box 1438
Santa Ana, California 92702
Re: Purchase of Tax Default Property - Assessor's Parcel 650-412-13
(T.C. Sale #1332)
Dear Ms. Laguna:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSOORFER
GIL JONES
CAROLYN NASH
JEFFVASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of November 2, 1993, the City Council of the City of San Juan Capistrano
took action to approve the City's purchase of the tax defaulted property known as Assessor
Parcel No. 650-412-13 for $100. A certified copy of Resolution No. 93-11-2-4, setting forth
the City Council's approval, is enclosed for your files.
Five copies of the agreement for purchase of the property, signed by the City, will be
forwarded to you by Ron Sievers, Director of Public Lands and Facilities, who will also
coordinate the remaining technicalities of this transaction.
Thank you for your cooperation in this matter.
Very truly yours,
/ ��
Cheryl Johnson
City Clerk
Enclosure
cc: Director of Public Lands and Facilities
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
•
November 5, 1993
asift •
Y(/yJ uoueuw
• III,III:p, 1961
1776
• r •
Mr. Gary Keller, President
Capistrano Royale Homeowner's Association
29611 Monarch Drive
San Juan Capistrano, California 92675
MEMBERS OF THE CITY COUNCIL
COU -ENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Re: Transfer of Lot No 650412-13 to Capistrano Royale Homeowner's Association
Dear Mr. Keller:
At their meeting of November 21, 1993, the City Council of the City of San Juan Capistrano
authorized the purchase of Tax Default property at the southeast corner of Rancho Viejo
Road and Trabuco Creek, Lot C in Tract 11093. The City Council further approved the
subsequent sale of that property to the Capistrano Royale Homeowner's association for
$100. A copy of Resolution No. 93-11-2-4, setting forth the City Council's action is enclosed
for your files. Also enclosed is a signed copy of the letter agreement regarding sale of the
property to the Homeowner's Association.
Thank you for your interest in this matter. If you have any questions, please contact Ron
Sievers, Director of Public Lands and Facilities.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Ron Sievers
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0 0
2. PROPOSED ORDINANCE AMENDING TITLE 4 OF THE MUNICIPAL CODE
RELATING TO TOW -AWAY ZONES (570.30)
Written Communication:
Report dated November 2, 1993, from the Director of Engineering and Building, recommending that
current regulations for tow -away zones in the City be expanded to provide coverage for restricted
parking areas, such as permit parking zones, time -restricted parking, loading zones, and bus stops.
Introduction of Ordinance Expanding Tow -Away Zone Regulations:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had
been waived earlier in the meeting. It was moved by Council Member Nash, seconded by Council
Member Hausdorfer, that the following Ordinance be introduced:
AMENDING TITLE 4 OF THE MUNICIPAL CODE - PARKING REGULATIONS
FOR PROHIBITED AND RESTRICTED ZONES AND TOW -AWAY ZONES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTIONS 4-6.302,4-6.303(a), AND 4-6.309 OF THE MUNICIPAL
CODE RELATING TO PARKING REGULATIONS FOR PROHIBITED,
RESTRICTED AND TOW -AWAY ZONES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF PUBLIC LANDS AND FACILITIES
/ 1. RESOLUTION AUTHORIZING PURCHASE OF TAX DEFAULT PARCEL NO.
650.412-13 AT THE SOUTHEAST CORNER OF RANCHO VIEJO ROAD AND
TRABUCO CREEK ROAD, TRACT 11093, LOT C. AND APPROVAL OF AGREEMENT
Written Communications: I
(1) Report dated November 2, 1993, from the Director of Public Lands and Facilities,
recommending that the City purchase Tax Default Parcel No. 650-412-13 for $100, enter into
an agreement with the County Board of Supervisors to acquire the property for $100, and sell
the parcel to the Capistrano Royale Homeowners Association for $100.
(2) Letter dated October 22, 1993, from the Capistrano Royale Homeowner's Association, setting
forth the agreement between the City and the Capistrano Royale Homeowner's Association for
disposition of the property.
Adootion of Resolution Anoroving Agreement to Purchase Assessor's Parcel No. 650-412-13:
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, that the
following Resolution be adopted:
City Council Minutes
-10-
11/2/93
0
RESOLUTION NO. 93-11-2-4, PURCHASE OF TAX DEFAULT PROPERTY -
ASSESSOR'S PARCEL NO. 650-412-13 (COUNTY OF ORANGE) - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE PURCHASE OF TAX DEFAULT
PROPERTY, ASSESSOR'S PARCEL NO. 650-412-13, LOCATED AT THE
SOUTHEAST CORNER OF RANCHO VIEJO ROAD AND TRABUCO CREEK
(TRACT 11093, LOT C) (COUNTY OF ORANGE)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution approved the Agreement between the City and the County Board of Supervisors for the
Agreement for purchase of the property; the Mayor was authorized to sign the Agreement on behalf
of the City.
Approval of Sale of Parcel No. 650-412-13:
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, and unanimously
carried that the sale of Parcel No. 650-412-13 to the Capistrano Royale Homeowners Association be
approved in the amount of $100 upon the City's acquisition of the parcel.
CITY MANAGER
1. SELECTION OF PREFERRED PROPOSAL FOR INTERIM USE OF THE NORTHWEST
SITE (600.30)
Written Communication:
Report dated November 2, 1993, from the Director of Engineering and Building, advising that several
persons had contacted the City requesting use of the Northwest Open Space site during the interim
period prior to development. The five parties requesting use of the site received a Request for Proposal
from the City; three were returned and evaluated for compliance with the goals and objectives of the
Open Space Master Plan. The Report recommended that the Rancho Sierra Vista Equestrian Center
be approved for interim use of the site, and that the Equestrian Center and the Pacific Wildlife Project
share joint use of the Swanner house to serve as ranch headquarters and an interpretive nature center.
Sharon Heider, Open Space Project Manager, made an oral presentation.
Council Member Hausdorfer noted that he had been involved with interviewing candidates for use of
the Northwest site and emphasized his motivation to have public access to the site. He expressed
concern with negotiating with both proposed candidates simultaneously because of the business risks
involved for both parties and the temporary nature of the uses until the site is permanently developed.
He suggested that the City negotiate only with Rancho Sierra Vista Equestrian Center at this time; in
the event those negotiations fail, negotiations should begin with Pacific Wildlife Project.
Council Member Vasquez preferred that a not-for-profit entity be chosen as the interim use for the site
since the site was purchased with public funds, and suggested that negotiations begin with the Pacific
Wildlife Project. He expressed concern with the five-year contract proposed by Rancho Sierra Vista,
particularly the continuous renewal provision. He noted that other equestrian centers in the City had
expressed interest in the site and felt that the City should follow the Request for Proposal process for
City Council Minutes -11- 11/2/93
RESOLUTION NO. 93-11-2-4
.•• .,t .�• loft •-••�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE PURCHASE OF TAX
DEFAULT PROPERTY, ASSESSOR'S PARCEL 650-412-13, LOCATED AT THE
SOUTHEAST CORNER OF RANCHO VIEJO ROAD AND TRABUCO CREEK
(TRACT 11093, LOT C) (COUNTY OF ORANGE)
WHEREAS, the City Council of the City of San Juan Capistrano has the opportunity, pursuant
to Division 1, Part 6, Chapter 8, of the California Revenue and Taxation Code, to purchase from the County of
Orange a parcel of real property, Assessor's Parcel 650-412-13; and,
WHEREAS, it is in the best interest of the City of San Juan Capistrano to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano that it will purchase said property and approve the agreement with the County of Orange to effect
said purchase.
PASSED, APPROVED, AND ADOPTED this 2nd day of November
1993.
ATTEST:
fGIL JONES, MAYOR
-1-
W
F
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-11-2-4
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 2nd day of November , 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ASSENT: None
(SEAL)
Gt/1✓J�—
CHERYL JOH SON ITY CLERK
W
AGENDA ITEM
TO:
FROM:
SUBJECT:
0
November 2, 1993
George Scarborough, City Manager
Ronald C. Sievers, Director
Public Lands and Facilities
Resolution Authorizing Purchase of Tax Default
Parcel (AP #650-412-13)
By motion, adopt the attached resolution authorizing the City of
San Juan Capistrano to purchase Tax Default Parcel (AP #650-412-13)
for $100.00 and execute an agreement between the City of San Juan
Capistrano and the Board of Supervisors of the County of Orange for
acquisition of the above property. Also by motion, approve the
subsequent sale of parcel #650-412-13 to the Capistrano Royale
Homeowners Association for $100.00.
SITUATION
A. Back r and
The City of San Juan Capistrano was notified by the County of
Orange on August 4, 1993, that a property, identified as AP
#650-412-13, was in a tax default status. In the notifica-
tion, the City of San Juan Capistrano was given the option of
purchasing the above noted property for a cost of $100.00. If
the City of San Juan Capistrano did not exercise this purchase
option, the property would be sold at an auction on
November 4, 1993, to the highest bidder (see attachment A).
The Department of Public Lands and Facilities researched the
property in question and found that it is a 3.99 acre parcel
which lies just east of Rancho Viejo Road. The property is
bordered on the south by homes located on Imperial Drive in
the Capistrano Royale subdivision. The property is bordered
on the north by Trabuco Creek (see attachment B).
FOR CITY COUNCIL AGENgA�':
Reso Auth Purch T• Default •
November 2, 1993
Page 2
The property in question is part of the Open Space Dedication
associated with Goeden Development. Goeden was the original
developer of the Capistrano Royale subdivision. However,
Goeden declared bankruptcy during the project and the City of
San Juan Capistrano assisted in obtaining contractors to
complete the subdivision. This occurred in 1984. The parcel
in question was one of several which were intended to be
transferred to the Capistrano Royale Homeowners Association as
legal title holders. It appears as if the parcel in question
was never transferred.
The current legal owner of the parcel is still shown as the
Goeden Company. The back taxes owed on the parcel are
approximately $500.00. These are due to a weed abatement
assessment in 1986 and subsequent interest and penalties.
The reasons for recommending that the City purchase the
property are as follows:
1) The City currently has an Open Space Recreation easement
over the entire parcel. However, there are also Orange
County Flood Control easements over a portion of the
property. While it appears that the Open Space easement
would prevent any future development, ownership by either
the City or the Capistrano Royale Homeowners Association
would be more definite.
2) Due to the fact that the area in question is maintained
by the Capistrano Royale Homeowners Association, they
would feel more comfortable owning the property. They,
in fact, thought they already owned the parcel.
3) This method of acquisition by the City and subsequent
sale to the Capistrano Royale Homeowners Association
guarantees that the ownership will be with the Capistrano
Royale Homeowners Association. While the Capistrano
Royale Homeowners Association could submit a bid for the
property at the November 4th auction, there is no
guarantee that they would be the highest bidder.
In the original letter provided by the County of Orange, there was
a stipulation that the City of San Juan Capistrano could not
transfer ownership of the parcel in question, or the deed would
automatically revert to the previous owner (see paragraph 4, page
1 of Attachment A). This stipulation would have prevented the City
from selling the property to the Capistrano Royale Homeowners
Association. Public Lands and Facilities staff requested an
exemption from the County on this stipulation (see attachment C).
A letter was received from the County which waived this stipulation
and therefore allows the subsequent sale of the parcel to the
Capistrano Royale Homeowners Association (see attachment D).
Reso Auth Purch To
Default •
November 2, 1993
Page 3
B.
Staff recommends that the City of San Juan Capistrano purchase
the above referenced parcel and subsequently sell the parcel
to the Capistrano Royale Homeowners Association. It is hoped
that the purchase and subsequent sale can be accomplished
simultaneously. However, staff is still working with the
Capistrano Royale Homeowners Association on the transfer of
ownership to them.
Staff recommends that the authorization to purchase the parcel
be approved at this time so that when an agreement is
completed with the Capistrano Royale Homeowners Association
the transaction can be executed.
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
One hundred dollars ($100.00) will be required for acquisition.
This money will be recovered when the property is sold to the
Capistrano Royale Homeowners Association.
Capistrano Royale Homeowners Association
County of Orange - County Treasurer
ALTERNATE ACTIONS
1) By motion, adopt the attached resolution, authorizing the City
of San Juan Capistrano to purchase Tax Default Parcel (AP
#650-412-13) for $100.00 and execute an agreement between the
City of San Juan Capistrano and the Board of Supervisors of
the County of Orange for acquisition of the above property.
Also, by motion, approve the subsequent sale of Parcel #650-
412-13 to the Capistrano Royale Homeowners Association for
$100.00.
2) Do not approve the purchase of Parcel #650-412-13 for $100.00
and subsequent sale to the Capistrano Royale Homeowners
Association for $100.00.
3) Request additional information from staff.
Reso Auth Purch T• Default .
November 2, 1993
Page 4
By motion, adopt the attached resolution, authorizing the City of
San Juan Capistrano to purchase Tax Default Parcel (AP #650-412-13)
for $100.00 and execute an agreement between the City of San Juan
Capistrano and the Board of Supervisors of the County of Orange for
acquisition of the above property. Also, by motion, approve the
subsequent sale of Parcel #650-412-13 to the Capistrano Royale
Homeowners Association for $100.00.
Respectfully submitted,
Ronald C. Sievers
RCS:sc
2 ,i 1
40 ATTACHMM A
47 —OUNTY OF
5 %I _ 3 /11,F2AIV G E
August 4, 1993
RECEIVED
�9c S 12 39 Pu '93
OFFICE OF THE TREASURER—TAX COLLECTOR
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Cheryl Johnson, City Clerk
RE: T.C. Sale #1332
ROBERT L -BOB- CITRON
COUNTY TREASURER TAX CCLLECTCR
TELEPHONE: 17141 834341'.
TREASURER OFFICE ADDRESS
209 FINANCE BUILDING
630 NORTH BROADWAY
P.0_ BOX 4515
SANTA ANA. CALIFORNIA 52-02
FAX: (714) 834-2912
TAX OFFICE ADDRESS
106 FINANCE -BUILDING
PO NORTH BROADWAY
0 X 1438
S BOANA. CALIFORNIA 92702
IN REPLY PLEASE REFER TO:
Enclosed is a copy of a Resolution of the Board of Supervisors approving the sale
of certain tax -defaulted property in the City of San Juan Capistrano.
This is sent to you to fly with Section 3700 of the Revenue and Taxation Code.
We require written notification by September 7, 1993 regarding either consent or
objection to this sale.
If you object to the sale, you may purchase the property for the amount of the
mininnn bid shown on the attached sheet.
You are hereby notified that the terms of the agreement for purchase include the
following:. That within 2 years from the date of purchase the City will devote
said property to the public purpose for which they acquired it (Sec. 3807.5 R & T);
that in the event the ity�fails to devote said property to the stated public
purpose within 2 years, U the City attempts to sell the property for any reason,
the teams of the agreement and the deed will automatically revert the property
from the awnexship of the City to the ownership of the party who was assessed with
the property prior to imposition of the County Tax Collector's Power to Sell.
If you should require any assistance or have any questions, please contact t
undersigned at (714) 834-5701.
ROBERT L. CI'iRAN
County '&easurer-`Tax
��� Collector
By
Rogelia Laguna v
Tax Defaulted Property Agent
RLC: RL:iam
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
�I June 22, 1993
1
611 On motion of Supervisor Vasquez, duly seconded and carried, the
following Resolution was adopted:
BI BE IT RESOLVED that this Board does hereby authorize and direct
911 the Treasurer -Tax Collector to sell tax -defaulted real property, as
10li identified in the list on file with this Board, for a sum not less
11;1 than the minimum bid prices set forth in said list.
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N Resolution No. 93-708
Sale No. 1332 of Tax Defaulted
LL 27 Real Property
® 28 DBR:bv
MISC\R207 1.
Chairman of thi
SIGNED AND CERTIFIED THAT A COPY
OF TIIIS DOCUMENT HAS BEEN DELIVERED
TO THE�CHATRMAN OF THE BOARD
'-PHYLLIS A. HENDERSON
Clerk of the Board of Supervisors
County of Orange, California
AYES: SUPERVISORS
NOES: SUPERVISORS
ABSENT: SUPERVISORS
STATE OF CALIFORNIA
COUNTY OF ORANGE
ors
GADDI H. VASQUEZ, ROGER R. STANTON, WILLIAM G.
STEINER, THOMAS F. RILEY and HARRIETT M.
WIEDER
NONE
NONE
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ss:
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W.
off; 1`ii I, PHYLLIS A. HENDERSON, Clerk of the Board of Supervisors of
0� 16!! Orange County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at the
I8; regular meeting thereof held on the 22nd day of June, 1993, and passed
19 by a unanimous vote of said Board.
20 IN WITNESS WHEREOF, I have hereto set my hand and seal this 22nd
21�, day of June 1993.
22
23
r � \ PHYLLIS A. HENDERSON
Clerk of the Board of Supervisors
241 of Orange County, California
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August 23, 1993
*ATTACHMENT
County of Orange
Attn: Rogelio Laguna
P.O. Box 1438
Santa Ana, CA 92702
` RE: T.C. Sale #1332
C
MEMBERS OF THE CITY CO,
COLLENE CAMPBELL
GARY L. HAUSOORFER
GIL JONES
CAROLYN NASH
JEFFVASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Dear Rogelio:
The City of San Juan Capistrano received your letter dated
August 4, 1993, referencing the proposed sale of tax defaulted
property 650-412-13.
I spoke with Lora Ann of your office on August 17, 1993,
regarding this matter. As I indicated to Lora Ann, this parcel
was one of several parcels owned by Goeden Development.
Goeden has been out of business for several years. Goeden was
supposed to transfer ownership of several Open Space parcels
to the Capistrano Royale Home Owners Association.
It appears this particular parcel was overlooked. I have
discussed this matter with representatives of the Capistrano
Royale H.O.A. and they are researching the documents associat-
ed with the transfer of the "Open Space" lots from Goeden to
Capistrano Royale.
I am not yet sure what should be done to rectify this issue.
However, I would like to request that the proposed tax sale of
this property, November 4, 1993, be postponed.
Also, I would like to see if it would be possible for the City
to acquire the property as indicated in your letter and then
transfer it to the Capistrano Royale H.O.A., at no profit.
Paragraph four (4) of your letter stipulates that any resale
of the property would automatically result in the deed
reverting to the prior owner. If in fact the City could do
this, it might be the easiest way to resolve the issue.
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171
T.C. Saleo1332 •
August 23, 1993
Page 2
If You have any questions or would like to discuss this
matter, Please contact me at (714) 493-1171, ext 279. Thank
You for your assistance.
very truly yours,
Ronald C. Sievers, Director
Public Lands and Facilities
RCS: so
A ATTACHN=NT D
O F
G E
OCT 1 4 1993
•ROBERT L. 'BOB' CITRON
COUNTY TREASURER -TAX COLLECTOR
OFFICE OF THE TREASURER -TAX COLLECTOR
October 13, 1993
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Ronald C. Sievers
Director, Public Lands and Facilities
RE: AP# 650-412-13, Sale by Agreement
TELEPHONE:(714)834-3411
TREASURER OFFICE ADDRESS
209 FINANCE BUILDING
630 NORTH BROADWAY
P.O. BOX 4515
SANTA ANA, CALIFORNIA 92702
FAX:(714)834-2912
TAX OFFICE ADDRESS
106 FINANCE BUILDING
630 NORTH BROADWAY
P.O. BOX 1438
SANTA ANA, CALIFORNIA 92702
IN REPLY PLEASE REFER TO:
The above referenced parcel has been officially pulled from our annual
tax sale - public auction of tax -defaulted property (T.C. Sale #1332)
at your request due to the circumstances described in your letter
dated August 23, 1993.
The unique situation involving this property has been discussed with
Mr. Gary Cowan, Assisstant Tax Collector. He has approved of the sale
of the property to the City of San Juan Capistrano and subsequent
transfer of the Open Space parcel to Capistrano Royale Homeowners
Association.
If you have any further questions, please do not hesitate to contact
the undersigned at (714) 834-5701.
ROBERT L. CITRON
Cont y7Treapureax Coll tor
By
��
Rogel a Laguna
Tax Defaulted Property Agent
RLC: RL: lam
CAPISTRANO ROYALE HOMEOWNER'S ASSOCIATION
29611 Monarch Drive
San Juan Capistrano, California 92675
October 22, 1993
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: Transfer of Lot No. 650-412-13
Honorable Mayor and Members of the City Council:
The City of San Juan Capistrano has been given the option by the County of Orange to
purchase certain tax defaulted property located within the City of San Juan Capistrano,
specifically lot no. 650-412-13. The property consists of a 3.99 acre parcel which is
bordered on the south by the Capistrano Royale subdivision. Title to this property was
intended to be transferred to the Capistrano Royale Homeowner's Association as part
of an open space dedication, but the transfer never occurred. The City has been given
the option to purchase this property for $100.00.
As a result of the foregoing, the City of San Juan Capistrano ("City") and the Capistrano
Royale Homeowner's Association ("HOA") make the following agreement regarding
disposition of the subject property:
1. The City will exercise its option to purchase lot 650-412-13 for the
amount of $100.00.
2. The City will thereafter sell the parcel to the HOA for the amount of
$100.00.
3. The HOA agrees to accept title to the parcel in fee simple, subject to any
encumbrances, easements, rights or reservations of record.
4. The HOA will bear the cost and expense of all surveys, transfer taxes,
recording fees and title insurance which may become necessary as a result of this
transaction.
Re: Transfer of Lot No. 650-412-13
October 22, 1993
Page 2
5. The HOA will bear the cost of all outstanding and subsequent taxes,
assessments, levies and other obligations which have been imposed upon the
parcel.
6. The HOA will accept the parcel in an "as is" condition and acknowledges
that the City makes no representations or warranties, express or implied, with
respect to the condition of the land.
7. The HOA will indemnify and hold the City harmless from any damage,
injury or loss or any claims of damage, injury or loss, to persons or property
arising from this transaction or from any activity which occurs on the parcel.
This agreement is effective this2/1L day of �Jouo,m lae y- , 1993.
CAPISTRANO ROYALE HOMEOWNER'S
ASSOCIATION
- W-11 1.
X1.1,
CITY OF SAN JUAN
CAPISTRANO
_mayor Gil Jones
CAPISTRANO ROYALE HOMEOWNER'S
29611 Monarch Drive
San Juan Capistrano, California
October 22, 1993
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: Transfer of Lot No. 650-412-13
Honorable Mayor and Members of the City Council:
E
ASSOCIATION
92675
The City of San Juan Capistrano has been given the option by the County of Orange to
purchase certain tax defaulted property located within the City of San Juan Capistrano,
specifically lot no. 650-412-13. The property consists of a 3.99 acre parcel which is
bordered on the south by the Capistrano Royale subdivision. Title to this property was
intended to be transferred to the Capistrano Royale Homeowner's Association as part
of an open space dedication, but the transfer never occurred. The City has been given
the option to purchase this property for $100.00.
As a result of the foregoing, the City of San Juan Capistrano ("City") and the Capistrano
Royale Homeowner's Association ("HOA") make the following agreement regarding
disposition of the subject property:
1. The City will exercise its option to purchase lot 650-412-13 for the
amount of $100.00.
2. The City will thereafter sell the parcel to the HOA for the amount of
$100.00.
3. The HOA agrees to accept title to the parcel in fee simple, subject to any
encumbrances, easements, rights or reservations of record.
4. The HOA will bear the cost and expense of all surveys, transfer taxes,
recording fees and title insurance which may become necessary as a result of this
transaction.
Re: Transfer of Lot No. 650412-13
October 22, 1993
Page 2
5. The HOA will bear the cost of all outstanding and subsequent taxes,
assessments, levies and other obligations which have been imposed upon the
parcel.
6. The HOA will accept the parcel in an "as is" condition and acknowledges
that the City makes no representations or warranties, express or implied, with
respect to the condition of the land.
7. The HOA will indemnify and hold the City harmless from any damage,
injury or loss or any claims of damage, injury or loss, to persons or property
arising from this transaction or from any activity which occurs on the parcel.
This agreement is effective this day of 1993.
CAPISTRANO ROYALE HOMEOWNER'S CITY OF SAN JUAN
ASSOCIATION CAPISTRANO
By: �� 4&
Its:
By:
Mayor Gil Jones