Loading...
1996-0227_ORANGE COUNTY FLOOD CONTROL DISTRICT_Offer & Agreement1 2 3 4 5' 6', 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -1- 1 2i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 -2- 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 E 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 -3- 1 2 3 4 511 6 7 8 9'. 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 C� 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 -4- 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. FEMA sr. // \1 Jl n // \�1 =f i 0 A LEGEND rl' s I ■XXKas EXISTING LOZ R/W & '�" pgiSPo U __! Is 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", • 0 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 ■s r ima EXISTING L02 R/w a IMPROVED CHANNEL paw PROPOSED BANK LAND PROTECTION (LEVEE) SURPLUS PARCEL ATTACHMENT A a I �I L_' I � I t, )6 � I y I o I ' I i � u. 7"-800.' ORANGE COUNTY LOCATION MAF ENVIRONMENTAL MANAGEMENT AGENCY RRA13UCO CREEK CHANNEL. EXHIBIT PARCEL N0. 111.4 XH (cIIPDI Itc DAPrr7ll J S� '' � oV, I I *ATTACHMENT B L` �` 0 I cn I LINE LENGTH L 2A L 30 L31 L 32 1-44 33.5(e 51.22' 5o•iq� 32.21' 4r+. Iry 741. sn. 505.°17' . 1075.&2 = J V IY o `c tv I I rc F. O N N_ ice) 1 = v O J � (4•)1(40•) I o C IV V J Z C = N ? C BYO t Y J I o W V nr. N =mJ I C2 = J V IY o `c tv I I rc F. O N N_ ice) 1 = v O J � (4•)1(40•) J I f0.11/r ACE I= IM LIEU OF r IP RCE 10035. PER TA I a 7159 N I FIL r I P TA660 m 10035. PER 11L ML 719 I o C IV V J Z C = N ? C BYO t Y J I o W V nr. a =mJ I C2 I I i SUWEGT /TR14JCa. rre.� J I f0.11/r ACE I= IM LIEU OF r IP RCE 10035. PER TA I a 7159 N I FIL r I P TA660 m 10035. PER 11L ML 719 FEMA r—, . n.'ro 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 -2- 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, � A �mm�ro��nl (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