1996-0227_ORANGE COUNTY FLOOD CONTROL DISTRICT_Offer & Agreement1
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L02-11.4
Trabuco Creek Channel
OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY
THIS OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY is made a7
1996, by and between the Orange County Flood Control District hereinarfter
referred to as "OCFCD," and the City of San Juan Capistrano, hereinafter
referred to as "CITY."
R E C I T A L S
A. OCFCD owns the real property, hereinafter referred to as the
"Property," described in Exhibit. A and shown on Exhibit B, both
attached hereto and made a part hereof.
B. CITY requires the Property for road purposes and has offered to
purchase the Property for Four Thousand Dollars ($4,000), which
amount is hereinafter referred to as "Purchase Price."
C. OCFCD is willing to sell the Property to CITY for said Purchase Price
subject to the terms and conditions of this Agreement to Purchase
Real Property, hereinafter referred to as "Agreement."
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained OCFCD and CITY agree as follows:
1. OCFCD:
A. Accepts CITY's offer to purchase the Property for Four Thousand
Dollars ($4,000);
B. Shall execute and acknowledge a Quitclaim Deed in the form of
Exhibit A attached, conveying title to the Property to CITY;
C. Shall, upon receipt of the sales price of $4,000 from CITY and a
certificate of acceptance of the Property executed by City, deliver
said Quitclaim Deed to CITY by causing it to be recorded in the
office of the Orange County Recorder.
D. Makes no warranties or representation whatsoever of any kind as
to any matters concerning the Property, including, but without being
limited to, zoning, soil conditions, quality of the title to the
Property, hazardous substances, or waste materials; and
E. Shall provide no title insurance in this transaction.
2. CITY:
A. Shall, in consideration of the transfer of the Property by OCFCD
RAC:\WF60\D000MENT\TCRKSALE.DOC 9/5/95.1-2
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to CITY, deliver to OCFCD within thirty (30) days of execution of
this Agreement by both CITY and OCFCD the sum of Four Thousand
Dollars ($4,000), said sum to be in the form of cash or cashier's
check issued by a California financial institution.
B. Shall take title to the Property conveyed by OCFCD pursuant to
this Agreement as the City of San Juan Capistrano, and
C. Shall take title to the Property "as is" subject to all matters
affecting the Property whether recorded or unrecorded.
D. Shall not require title insurance in this transaction.
3. CITY AND OCFCD agree:
A. That this Agreement contains the entire agreement between the
paries relating to the conveyance described herein and all
negotiations and agreements between the parties hereto or their
agents with respect to this transaction are merged herein. Any oral
representation, modification, or waivers concerning this Agreement
Shall be of no force or effect except in a subsequent instrument made
in writing, and signed by both parties;
B. Time is of the essence in the performance of the parties'
respective obligations herein contained;
C. Subject to the restrictions contained in Clause 4 (ASSIGNMENT),
this Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
4. ASSIGNMENT
This Agreement shall not be sold, assigned, or otherwise transferred by
CITY without the prior written consent of OCFCD. Failure to obtain
OCFCD's requited written consent shall render said sale, assignment, or
transfer void.
5. NOTICES
All documents, correspondence, and communications concerning this
transaction shall be directed as follows:
TO: CITY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano
Attention:
William M. Huber, Director of
Engineering & Planning
RA C:\WP50\D0CUMENT\TCRKSALE.D0C 915195-2-1
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TO: OCFCD
County of Orange
GSA/Real Estate
14 Civic Center Plaza
Santa Ana, CA 92701
Orange County
District
EMA/PW/Design
300 N. Flower
P.O. Box 4048
Santa Ana, CA
Flood Control
St.
92702-40488.
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6. ATTACHMENTS
This Agreement includes the following, which are attached and made a part
hereof:
Exhibit A: Quitclaim Deed
Exhibit B: Location Map
RA CAWPMDOCUMENT\TCRKSALE.DOC 9/5/953-1
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IN WITNESS WHEREOF, the parties have executed this Agreement to Purchase
Real Property the day and year first above written.
APPROVED AS TO FORM:
Richard Denhalter
City Attorney
By. ibL /
Date 2.A/ 2�
APPROVED AS TO FORM:
Laurence M. Watson
Chief Assistant County Counsel
By. 1
Date Z( -I
RECOMMENDED FOR APPROVAL:
Environmental Management Agency
By /s/ Robert Livingston
General Services Agency
Real Estate
By��% (i/L
RealReal roperty Agent
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
Kathleen E. Goodno Dv .�J71Y4
Acting Clerk of the Board of
Supervisors of Orange County
California
RAC:\VVPWDOCUMENRTCRKSALE.DOC 9/5/95-4-1
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CITY
CITY OF SAN JUAN CAPISTRANO
By:
WYATT JJRT, MAYOR
OCFCD
ORANGE COUNTY FLOOD CONTROL
DIST.R.ICT
Bye `...—
Cha' n of the Orange County
Bo .d f Supervisors acting as the
Boa of Supervisors of the Orange
County Flood Control District
Recorded at request of, and
WHEN RECORDED MAIL ALJ �CC
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ATTN: William M. Huber
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $
A. P. NO:
Computed on the consideration or value
of property conveyed: OR
Computed on the consideration or value
less liens or encumbrances remaining at
time of sale.
By:
GSA/REAL ESTATE
UNINCORPORATED AREA
INCORPORATED CITY OF SAN JUAN
CAPISTRANO
Project/Parcel No: L02-111.4
Project: Trabuco Creek Channel
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT
a body corporate and politic,
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
CITY OF SAN JUAN CAPISTRANO
all RIGHT, TITLE, and INTEREST in and to the real property described as follows on attached page 2:
ANOITA
PA aawPe%0<Y-U ENT\000rCL Tc 10-2044-2-1 MAIL TAX STATEMENTS AS DIRECTED ABOVE
LEGAL DESCRIPTION
Trabuco Creek Channel
Facility No: L02
Parcel No. 111.4
(Surplus Parcel)
October 11, 1994
That portion of Parcel "O" of San Juan Capistrano and Vicinity, in the city
of San Juan Capistrano, county of orange, state of California, as shown on a map
filed in book 2, pages 31 to 38 inclusive of Record of Surveys, in the office of
the County Recorder of said county described as follows:
Beginning at a point on that certain course in the southerly boundary of
said Parcel "O" cited as "N.89044'E., 192.33 feet" on said map distant thereon
N.89^30.02"W., 127.74 feet from its easterly terminus; thence continuing
N.89^30'02"W., 64.59 feet along said southerly line; thence N.19044'58"E.,
78.85 feet to a line which bears N.26054.18"W., from the point of beginning;
thence 5.26"54'18"E., 83.71 feet to said point of beginning.
APPROVED:
Right-of-way Engineering Section
y dk�'
J S W. WILLIAMS
gistered Civil Engineer
Certificate No. 13154
Expiration Date: March 31, 1996
Page 2 of 3
NK:4090716133801
0
Dated
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
KATHLEEN E, GOODNO
Acting Clerk of the Board of Supervisors of
Orange County, California
STATE OF CALIFORNIA
COUNTY OF ORANGE
0
ORANGE COUNTY FLOOD CONTROL
DISTRICT
Z
Chairman of the Orange County Board of
Supervisors acting as the Board of
Supervisors of the Orange County Flood
Control District
ACKNOWLEDGEMENT
On , 1996, before me, , a Notary Public in
and for said County and State, personally appeared Kathleen E. Goodno, Acting Clerk of the Board of
Supervisors, County of Orange, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and that by her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
APPROVALS
Approved as to Form
Laurence M. Watson
Chief Assistant County Counsel
B} ' )GM-�-� I +r��` Date
PA C:\WPWDOCUMENT\CUITCLM.TC 10-20-0433 Page 3 of 3.
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IMPROVED CHANNEL�� �, c j
per[ PROPOSED BANK LAND u
PROTECTION (LEVEE) ■;
SURPLUS PARCEL
ORANGECOUNTY LOCATION MAP
ENVIRONMENTAL MANAGEMENT AGENCY TRABUCO CREEK CHANNEL
vL�
PARCEL N0. 111.4
EXHIBITiT R (cIIDDIIIC DAPrFil
7"-800",
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The Resolution accepted the work as complete in the amount of $15,459.39 and directed the
40 to
Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $1,545.94 thirty-five (35) days after recording
the Notice of Completion.
0
6.
As set forth in the Report dated January 2, 1996, and the Memorandum dated December 22,
1995, from the Engineering and Building Director, the following Resolution was adopted
granting an easement to San Diego Gas & Electric Company for the installation of an
electrical facility which will provide power to a well site pump located in a City -owned park
site, located at the northwest comer of San Juan Creek Road and La Novia Avenue:
,3
AVENUE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING AN EASEMENT
TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE
PLACEMENT OF A PORTION OF AN ELECTRICAL UTILITY
FACILITY ON A PORTION OF A CITY PARK SITE LOCATED AT THE
NORTHWEST CORNER OF SAN JUAN CREEK ROAD AND LA NOVIA
AVENUE (ASSESSOR'S PARCEL NO. 666-011-021)
The Mayor and City Clerk were authorized to execute the Resolution and easement
documents, and the City Clerk was directed to forward the easement to San Diego Gas &
Electric Company for recording.
As set forth in the Report dated January 2, 1996, from the Engineering and Building Director,
the following Resolution was adopted authorizing the purchase and acceptance of the right-
of-way from the Orange County Flood Control District for a portion of the proposed Alipaz
Street extension located within Tract 14379, Pepperwood Estates:
Cay Corned Min.w -4- 1/2/96
0
E
A ENC ITEM January 2, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Resolution Authorizing Purchase and Acceptance of Right -of -Way, Alipaz Street
North of Calle Rio Vista, County of Orange Flood Control District/Tract 14379-
Pepperwood Estates (Wittenberg/Livingston)
RECOMMENDATION
1. Adopt the Resolution authorizing purchase and acceptance of right-of-way for a portion of
the proposed Alipaz Street extension from the Orange County Flood Control District
(OCFCD).
2. Authorize the Mayor, City Clerk and City Attorney to execute the Offer and Agreement to
Purchase Real Property
3. Authorize the Director of Administrative Services to forward payment to OCFCD.
4. Direct the City Clerk to forward the Offer and Agreement to Purchase Real Property to
OCFCD for approval by the Orange County Board of Supervisors.
SITUATION
A.
B.
Summary and Recommendation
Conditions of Approval for Tract 14379 require the developer to obtain a portion of right-of-
way for the extension of Alipaz Street from the OCFCD (Attachments A, B). OCFCD has
required the City to purchase the property directly from the County via a Quitclaim
(Attachment C). The developer has submitted full payment for said right-of-way to the City.
Tonight's Council action will allow OCFCD to present the purchase to the Orange County
Board of Supervisors for final approval of the sale. Therefore, Staff recommends approval
of tonight's action.
Background
The development of Tract 14379, Pepperwood Estates, requires improvement of Alipaz
Street north of its existing terminus at Calle Rio Vista. A small triangle of land,
approximately 2,600 sq. ft., belongs to the Orange County Flood Control District. The land
is the remainder of a larger parcel purchased by OCFCD during channelization of Trabuco
Creek. The County has appraised the parcel at $4,000 which includes all transfer costs.
FOR CITY COUNCIL AGEN D/I
AGENDA ITEM -2- January 2, 1996
COMMISSIONBOARD REVIEW AND RECOMMENDATION
Tentative Tract Map 14379, Pepperwood Estates, has been previously reviewed and approved by
the Planning Commission and City Council.
FINANCIAL CONSIDERATIONS
The developer has submitted a check to the City for the full purchase price, $4,000. There is no
additional cost to the City by this action.
NOTIFICATION
Wittenberg -Livingston Development.
OCFCD, Attention: Richard Acker
ALTERNATE ACTIONS
1. Approve the Resolution.
2. Do not approve the Resolution.
3. Request additional information from Staff,
RECOMMENDATION
1. Adopt the Resolution authorizing purchase and acceptance of right-of-way for a portion of
Alipaz Street from Orange County Flood Control District.
2. Authorize the Mayor, City Clerk and City Attorney to execute the Offer and Agreement to
Purchase Real Property.
3. Authorize the Director of Administrative Services to forward payment to OCFCD.
4. Direct the City Clerk to forward the Offer and Agreement to Purchase Real Property to
OCFCD for approval by the Board of Supervisors.
Respectfully submitted, Prepared by,
William M. Huber R. thony Foster
Director of Engineering and Building Engineering Assistant
Attachments: A -Location Map
B -Detail of site
C -Offer and Agreement to Purchase/Quitclaim Deed
D -Resolution
FEMA
LEGEND
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IMPROVED CHANNEL
paw PROPOSED BANK LAND
PROTECTION (LEVEE)
SURPLUS PARCEL
ATTACHMENT A
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LOCATION MAF
ENVIRONMENTAL MANAGEMENT AGENCY RRA13UCO CREEK CHANNEL.
EXHIBIT PARCEL N0. 111.4
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LEGEND
■X01 K K a EXISTING L02 R/W 8
IMPROVED CHANNEL
W� PROPOSED BANK LAND
PROTECTION (LEVEE)
)
.
SURPLUS PARCEL
ORANGE COUNTY
ENVIRONMENTAL MANAGEMENT AGENCY
EXHIBIT R
7"-800`
LOCATION MAP-
TRA13UCO CREEK CHANNEL
PARCEL NO. III
f CIIPDI IIQ DAarFil
RESOLUTION NO. 96-1-2-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE PURCHASE AND
ACCEPTANCE OF RIGHT-OF-WAY FROM THE ORANGE COUNTY FLOOD
CONTROL DISTRICT FOR THE IMPROVEMENT OF ALIPAZ STREET
APPROXIMATELY 500 FEET NORTH OF CALLE RIO VISTA IN
CONJUNCTION WITH DEVELOPMENT OF TRACT 14379 (PEPPERWOOD
ESTATES/WITTENBERG-LIVINGSTON)
WHEREAS, condition No. 10 of Resolution No. 92-6-2-4, approval of Tentative
Tract Map 14379, requires the developer to obtain access across property owned by the Orange
County Flood Control District for the extension of Alipaz Street; and,
WHEREAS, the Orange County Flood Control District has required that the City
directly purchase said parcel from the Orange County Flood Control District; and,
WHEREAS, the developer, Wittenberg -Livingston, has submitted payment in the
amount of $4,000 to the City for said parcel.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
Authorize purchase and acceptance of right-of-way for a portion of Alipaz Street from
the Orange County Flood Control District.
Authorize the Mayor, City Clerk and City Attorney to execute the Offer and
Agreement to Purchase Real Property from the Orange County Flood Control District.
Authorize the Director of Administrative Services to forward payment in the amount
of $4,000 to the Orange County Flood Control District.
0 0
SECTION 4.
Direct the City Clerk to forward the executed Offer and Agreement to Purchase Real
Property to the Orange County Flood Control District for approval by the Orange County Board of
Supervisors
PASSED, APPROVED, AND ADOPTED this 2nd day of
January 1996.
W -Y T, MAYOR
ATTEST:
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.
96-1-2-3 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of January 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell and
Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
i
CHERYL JORNSON, CITY CLERK
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L
TY O P
ANGE
L02-111.4
Trabuco Creek Channel
November 9, 1994
Ms. Cheryl Johnson
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Ms. Johnson:
GENERAL SERVICES AGENCY
REAL ESTATE
14 Civic Center Plaza, Third Floor
Santa Ana, California 92701
(714) 834-5503
FAX (714) 834-5858
ROBERT A. GRIFFITH
Director, General Services Agency
ROBERT G. LOVE
Deputy Director, General
Services Agency
CHARLES W. WEST
Director, GSA/Real Estate
CERTIFIED MAIL
Enclosed is a fully executed duplicate of the offer and agreement between the City of San Juan
Capistrano and the Orange County Flood Control District for sale of Parcel L02-111.4. As we
discussed, in order to record the quitclaim deed transferring title I will need a certificate of
acceptance from the City for the subject deed. Please mail a signed certificated of acceptance to me.
Sincerely,
4"
Richard Acker
Senior Real Property Agent
enclosure: Offer and Acceptance to Purchase Real Property dated February 27, 1996.
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
MINUTES
FEBRUARY 27, 1996
CHANNEL (FLOOD): General Services Agency/Real Estate requests approval of an offer
and agreement for the sale of surplus property for the purpose of extending Alipaz Street,
San Juan Capistrano.
MOTION: On motion by Supervisor Saltarelli, seconded by Supervisor Bergeson, the
Board, acting as the Orange County Flood Control District, moved to: 1. Find that the
property being sold is not required for the purposes of the Orange County Flood Control
District. 2. Find that pursuant to Section 711.4 of the California Fish and Game Code, this
project is exempt from the required fees as it has been determined that no adverse impacts
to wildlife resources will result from this project. 3. Find that the proposed project will not
have a significant unmitigated impact upon Coastal Sage Scrub habitat and, therefore, will
not preclude the ability to prepare an effective subregional Natural Communities
Conservation Planning (NCCP) Program. 4. Authorize execution of the Offer and
Agreement to Purchase Real Property and the Quitclaim Deed. 5. Authorize the Director,
General Services Agency/Real Estate to open escrow in accordance with the Offer and
Agreement to Purchase Real Property and to sign escrow instructions or provide
supplementary instructions, as required. 6. Find that the proposed project is Categorically
Exempt, Class 12, from the provisions of the California Environmental Quality Act
(CEQA). Supervisor Silva was absent. MOTION CARRIED.
(Re Agenda Item 11)
1]
January 4, 1996
Jwsw, �
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(9IR ISOD 1961
1776
Mr. Richard Acker
Orange County Flood Control District
General Services Agency, Real Estate
14 Civic Center Plaza, Third Floor
Santa Ana, California 92701
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GIL JONES
CMOLYN NASA
DAVIO SWERDUN
CITY MANAGER
GEORGE SCARBOROUGH
Re: Offer and Agreement to Purchase Real Property - Trabuco Creek Channel
(L02-11.4)
Dear Mr. Acker:
At their meeting of January 2, 1996, the City Council of the City of San Juan Capistrano
adopted Resolution No. 96-1-2-3, which authorized the purchase and acceptance of right-
of-way from the Orange County Flood Control District for a portion of the proposed Alipaz
Street extension. The Resolution also authorized the City's signatures on the "Offer and
Agreement to Purchase Real Property" and directed the Administrative Services Director
to forward payment for the parcel in the amount of $4,000.
A certified copy of Resolution No. 96-1-2-3 is enclosed for your information. Also enclosed
are two original copies of the "Offer and Agreement to Purchase Real Property." Upon
approval and execution by the appropriate County officials, please return a copy to this
office.
Thank you for your cooperation. If I can be of further assistance, I can be reached at 443-
6308.
Very truly yours,
Che ryIJoKAso
City Clerk
Enclosure
cc: Orange County Flood Control district, EMA/PW/Design
Wittenberg -Livingston Development
Christiansen & Associates
Engineering and Building Director
Tony Foster
—e, /,
32400 PASEDELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 111 (714) 493.1171