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1994-0125_ORANGE, COUNTY OF_Agreement.I; 2i I 3i I 4 5 6 7 8 9 10 11 12 13 14 18 19 20 21 22 23 24 25 N 26 N N 27 LL Eff- 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 / B6/131 1. 11 2�3 4 5 6 7 8I9 10 11 12 13 14 18 19 20 21 22 23 24 25 N 26 N N 27 LL 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. / / B6/131 2. i 6 i 8 9 10 11 12 13 14 15 16 17 18i 19 20 21 22 23 24 25 26 27 2S fa 0 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 ;�A i 0 A q O ti n doa 0 3 a' ye/y� 00 00 / 43 rv-g% UP-.& n y \ e O \ O =e. I �Cyq ei-a r� QD a>1 w a o v a I psni r ^. pY i 0 A q O ti n doa 0 3 O C9 ye/y� 00 00 / 43 O C9 / 2 �ra I O 1 a rv-g% UP-.& bO0 (00 \ e \ O - \ I �Cyq ei-a r� QD a>1 CADA a a I psni r ^. V ^` O h w O a 1 i = I , � O m � o / � O O C9 �ra rv-g% UP-.& (00 b O ee el _ e sr • �Cyq ei-a r� a>1 CADA a a I psni r ^. V ^` O h w O a O C9 JVAN* pn+olro,T o m�nn�n 1961 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 encl. X C� . M DIr rAIA S1/G5 I IQ 3 DI P- Pt-,# r 5 I -no'L Cao . , S� . +iUlheI Com. 1 I . I, 21� 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. 12 13 II 14 1 r = 15 11 o>> w o W W 16 ' u Z i 1 18 IV / I 19 20 21 2' 231 24 25 26 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 ) ss: ) 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 25 N 26 N N 27 LL Q 28 MSIC\R207 2. 0" o T 02 F�4 9L WAV .n CJ Ml N ,.G u�\ _ I N N. S C G O J� S's s o T 02 F�4 9L WAV .n CJ Ml N 0 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