1994-0913_ORANGE , COUNTY OF_Offer and Agreement1 PM 801-7
2 Old San Juan Capistrano Fire Station
3
OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY
4
5 THIS OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY is made 3 1994 by
and between the County of Orange hereinafter referred to as "COUNTY,' and the City of
6 San Juan Capistrano hereinafter referred to as "CITY."
7 R E C I T A L S
8 A. COUNTY owns the real property, hereinafter referred to as the "Property," described
9 in Exhibit A and shown on Exhibit B, both attached hereto and made a part hereof.
10 B. COUNTY currently leases the Property to CITY for use as a Community Services Center.
C. CITY wishes to purchase the Property from COUNTY for continuation of said use and
11
has offered to purchase said Property from COUNTY for Two Hundred Sixty -Five Thousand
12 Dollars ($265,000) which amount is hereinafter referred to as "Purchase Price."
D. COUNTY is willing to sell the Property to CITY for said Purchase Price subject to
13 its continued use as a Community Services Center and subject to the terms and conditions
of this Offer and Agreement to Purchase Real Property, hereinafter referred to as
14 "AGREEMENT."
15 NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
16 COUNTY and CITY agree as follows:
17 1. COUNTY:
18 a. Accepts CITY's offer to purchase the subject Property for Two Hundred
Sixty -Five Thousand Dollars ($265,000);
19 b. Shall execute and acknowledge a Quitclaim Deed in the form of Exhibit A
20 attached, conveying title to the Property to CITY;
21
C. Shall deliver this executed AGREEMENT to First American Title Insurance Company
(hereinafter referred to as "Escrow Holder") and open an escrow. However, CITY
22 hereby agrees that COUNTY's Director, GSA/Real Estate, or designee, (hereinafter
referred to as "Director") may unilaterally open escrow at such escrow company,
23 other than noted herein, as may be necessary to carry out the terms of this
AGREEMENT.
24 This executed AGREEMENT shall constitute the escrow instructions to the Escrow
25 Holder together with the General Provisions attached hereto as Exhibit E. COUNTY's
Director is designated to unilaterally commence and coordinate this Escrow with the
26 Escrow Holder. Any required amendments or supplements to the escrow which become
necessary to carry out the terms of this AGREEMENT must be executed by the COUNTY's
27 Director, or designee..
28 oLe:k.
8093-1
7-12-94
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For purposes of this AGREEMENT, "close of escrow" means the date the deed(s) and
other documents are recorded in the Office_of the County Recorder.
d. Shall deliver the executed Quitclaim Deed to said Escrow Holder within ten days
after the date of this agreement;
e. Makes no warranties or representations whatsoever with regard to the quality of
the title to the Property; and
f. Shall provide no title insurance in this transaction.
2. CITY:
a. Shall, in consideration of the transfer of Property by COUNTY to CITY, deliver
to Escrow Holder, within five days after execution of this Agreement by COUNTY, a
properly executed Note in the principal sum of Two Hundred Sixty -Five Thousand
Dollars ($265,000) in the form of Exhibit C attached hereto.
b. Shall, as security for the payment of the above -stated sum, deliver to Escrow
Holder a properly executed Deed of Trust in the form of Exhibit D attached hereto
within five days after execution of this Agreement by COUNTY.
C. Shall pay escrow and recording fees incurred in this transaction and the
premium charged for title insurance, if such insurance is desired by CITY.
d. Shall accept title to the Property "as is" subject to all matters affecting the
property whether recorded or unrecorded;
e. Shall restrict use of the Property to providing a community services center for
and on behalf of the citizens of Orange County.
3. CITY understands and agrees that the Purchase Price for the property is below fair
market value, and that COUNTY has accepted said Purchase Price in consideration of
CITY's restricting the use of the Property to a community services center. CITY and
COUNTY agree that in the event the subject property, or any portion thereof, is
subsequently sold or leased by CITY, CITY shall pay to COUNTY an amount equal to 80% of
the sales price or 80% of the rent due under the lease.
4. It is hereby agreed by CITY and COUNTY that the lease between the parties dated
June 2, 1982 is hereby terminated.
5. All documents, correspondence, and communications concerning this transaction shall
be directed as follows:
TO: CITY
DLG; q"
8093-2
7-12-94
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO: COUNTY
County of Orange
GSA/Real Estate
14 Civic Center Plaza
Santa Ana, CA 92701
n
6. This agreement includes the following, which are attached hereto and made a part
hereof:
EXHIBIT A - QUITCLAIM DEED
EXHIBIT B - MAP
EXHIBIT C - NOTE
EXHIBIT D - DEED OF TRUST
EXHIBIT E - GENERAL PROVISIONS
DLG:1=
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(CITY hereby submits this offer with full knowledge of the terms and conditions contained
herein.
COUNTY has considered and accepts
this offer.
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD �
�LC.tcoC.e�ce-.�/
HYLLIS A. HENDERSON SEP 13 1994
Clerly of the Board of Supervisors
APPROVED AS TO FORM:
County Counsel
By: y
Date:
RECOMMENDED FOR APPROVAL:
General Services Agency
Real `Estate
By :
OLG:km
8093-4
7-12-94
CITY
CITY OF SAN UAN CAPISTRANO
By
^4
By
COUNTY
COUNTY
By:
Chairman, Board of Sifpervisofs
Date: SEP 13 1994
RECORDED AT REQUEST OF:
WHEN RECORDED MAIL TO:
COUNTY OF ORANGE
GENERAL SERVICES AGENCY
REAL ESTATE
14 CIVIC CENTER PLAZA, 3RD FLOOR
SANTA ANA, CALIFORNIA 92701
ATTN:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX
92
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.
UNINCORPORATED AREA
X INCORPORATED, CITY OF San Juan Capistrano
Project/Parcel No: PM801-7
Project: Old San Juan Capistrano Fire Station
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
COUNTY OF ORANGE
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
all RIGHT, TITLE, and INTEREST in and to the real property in the County
of Orange, State of California, described as:
(See Page 2.)
MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A
1038• TG:sa 9-28-93 (1 of 2) P4-3
DLG:kwjeh 8278-1 6-7-94
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Lots 9, 10, 11, 12, 13 and 14 in Block Six (6) of Tract No. 808, "Mission Hill
Tract", in the City of San Juan Capistrano, County of Orange, State of California,
as per map thereof recorded in Book 24, Page 23 of Miscellaneous Maps, records of
said Orange County.
Excepting therefrom all mineral deposits as defined in Section 6407 of the Public
Resources Code below a depth of 500 feet, without surface rights of entry, as
reserved by the State of California in a deed recorded November 4, 1980, in Book
13819, Page 335, Official Records.
GRANTEE agrees that in the event the subject property, or any portion thereof, is
sold or leased by GRANTEE, GRANTEE shall pay to GRANTOR an amount equal to eighty
percent (80%) of the sales price or eighty percent (80%) of the rent due under the
lease.
EXHIBIT A
(2 of 2)
DLG:km 8278-2 6-2-94 -2-
PLOT PLAN
SAAI/ JUAN C.4P/STP.a.S/p
F/.PF STAT/ON
-3/41/ L4 11M.0 2T6VL4
Plan No. PM Bo/— y2
AC-7AC11i-1W.4
Design: County of Orange
Chkd-
tram
r
Approved:
Architect 6 Engineer Divi:
•
DO NOT DESTROY THIS NOTE: When paid, this Note, with Deed of Trust securing same,
must be surrendered to Trustee for cancellation, before reconveyance will be made.
INSTALLMENT NOTE SECURED BY DEED OF TRUST
INTEREST INCLUDED - (BALANCE DUE)
Santa Ana, California,
, 19
In installments as hereinafter stated, for value received,
City of San Juan Capistrano
promises to pay to the County of Orange or order, at the office of the Auditor -
Controller of the County of Orange, 630 North Broadway (P.O. Box 567), Santa Ana,
California 92702, the sum of Two Hundred Sixty-five Thousand Dollars ($265,000)
with interest from on unpaid principal
at the rate of eight percent per annum; principal and interest payable in
installments of One Thousand Nine Hundred Forty-four Dollars and Sixty-seven Cents
($1,944.67) on the first day of each month, beginning on the first day of
19_, and continuing until the day of
19_, on which day the unpaid balance of said principal sum,
with the unpaid interest due thereon, shall become due and payable.
Each payment shall be credited first on interest then due and the remainder on
principal; and interest shall thereupon cease upon the principal so credited. Should
interest not be so paid it shall thereafter bear like interest as the principal, but
such unpaid interest so compounded shall not exceed an amount equal to simple
interest on the unpaid principal at the maximum rate permitted by law. Principal and
interest shall be payable in lawful money of the United States. If action be
instituted on this Note, I promise to pay such sum as the court may fix as attorney's
fees. This Note is secured by a Deed of Trust to First American Title Insurance
Company, as Trustee.
At any time during the term of this Note, provided there are no delinquent
installments, I reserve the option to satisfy the above -stated obligations by payment
of the interest accrued to date, all penalties due, and all principal then remaining.
Should any default be made in the payment of any installment of the principal or
interest when due, or in the performance of any provision or condition contained in
the Deed of Trust securing this Note, the whole sum of principal and interest shall
become immediately due at the option of the holder of this Note.
In the event the property or any part thereof, or any interest therein, covered by
the Trust Deed securing this Note is sold, agreed to be sold, conveyed or alienated
by the Trustor, or by the operation of law or otherwise, all obligations secured by
this instrument, irrespective of the maturity dates expressed therein, at the option
of the holder hereof, and without demand or notice shall immediately become due and
payable. Failure to exercise such option in the event of sale, assignment, or
DLG:Ima - EXHIBIT C
8267-1 (1 of 2 )
5-31-94
further encumbrance shall not constitute waiver of the right to exercise this option
in the event of subsequent sale, assignment, or further encumbrance.
Subsequent acceptance of any payment hereunder by the holder hereof shall not be
deemed a waiver of any default by Trustor, or any sale, assignment, or further
encumbrance by Trustor of the property regardless of knowledge of such default, sale,
assignment, or further encumbrance by the holder hereof at the time of acceptance of
such payment.
If the monthly installments due under this Note are not paid within ten (10) days
after the date due, the holder of this Note may, at his option, charge a late penalty
of $100.
CITY OF SAN JUAN CAPISTRANO
By
°MI
DLG:tma EXHIBIT C
(2 of 2)
8267-2
5-31-94
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
This DEED OF TRUST. made
CITY OF SAN JUAN CAPISTRANO
between
herein called TRUSTOR,
whose address is 32400 Paseo Adel anto, San Juan Capistrano California
(Number and Street) . I (City) (state)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and
COUNTY OF ORANGE
herein called BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of San Juan
Capistrano County of Orange , State of California, described as:
Lots 9, 10, 11, 12, 13, .and 14 in Block Six (6) of Tract No. 808, "Mission Hill Tract",
in the City of San Juan Capistrano, County of Orange, State of California, as per map
thereof recorded in Book 24, Page 23 of Miscellaneous Maps, Records of said Orange County.
Excepting therefrom all mineral deposits as defined in Section 6407 of the Public
Resources Code below a depth of 500 feet, without surface rights of entry, as reserved
by the State of California in a deed recorded November, 4, 1980 in Book 13819, Page 335,
Official Records.
together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and
conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the
sum of $ 265, 000 with interest thereon according to the terms of a promissory note or notes
of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the
performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums
and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory
note or notes reciting that they are secured by this Deed of Trust.
To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each
and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set
forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the
fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book
EXHIBIT D
(continued on reverse side) 1758 (194)
0 0
and at the page of Official Records in the office of the county recorder of the county where said property is located, noted
below opposite the name of such county, namely:
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
Alameda
1288
556
Kings
858
713
Placer
1028
379
Sierra
38
187
Alpine
3
130-31
Lake
437
110
Plumes
166
1307
Siskiyou
506
762
Amador
133
438
Lassen
192
367
Riverside
3778
347
Solano
1287
621
Butte
1330
513
Los Angeles
T-3878
874
Sacramento
5039
124
Sonoma
2067
427
Calaveras
185
338
Madera
911
136
San Benito
300
405
Stanislaus
1970
56
Colusa
323
391
Marin
1849
122
San Bernardino
6213
768
Sutter
655
585
Contra Costa
4684
1
Mariposa
90
453
San Francisco
A-804
596
Tehama
457
183
Del Norte
101
549
Mendocino
667
99
San Joaquin
2855
283
Trinity
108
595
EI Dorado
704
635
Merced
1660
753
San Luis Obispo
1311
137
Tulare
2530
108
Fresno
5052
623
Modoc
191
93
San Mateo
4778
175
llrolumne
177
160
Glenn
469
76
Mono
69
302
Santa Barbara
2065
881
Ventura
2607
237
Humboldt
801
83
Monterey
357
239
Santa Clara
6626
664
Yolo
769
16
Imperial
1189
701
Napa
704
742
Santa Cruz
1638
607
Yuba
398
693
Inyo
165
672
Nevada
363
94
Shasta
800
633
Kern
3756
690
Orange
7182
18
San Diego SERIES 5
Book 1964, Page 149774
shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions
contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within
reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length
herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does
not exceed the maximum allowed by law.
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at
his address hereinbefore set forth.
STATE OF CALIFORNIA
COUNTY OF
On
personally appeared
before me,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) Ware subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
au8lodzed capacityCles), and that by his/her/their signature(s) on the instru-
ment the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument
WITNESS my hand and oMcW seal.
Signature
(continued on next page)
Signature of Trustor
(This area for official notarial seal)
„se c,i941
aeric 7 n! a
DO NOT RECORD
The following is a copy of Subdivisions A and 8 of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing
Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
A. To protect the security of this Deed of Trust, Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly
and in good and workmanlike manner any building which maybe constructed, damaged or destroyed thereon and to pay when due all claims
for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or
improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in
violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may
be reasonably necessary, the specific enumerations herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount
collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order
as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor.
Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such
notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action
or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed.
(4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on
appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear
to be prior or superior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so
to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same
in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized
to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or
the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment
of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay
his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure
at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding
the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said
statement is demanded.
B. It is mutually agreed:
(1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof
is hereby assigned and shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with
the same effect as above provided for disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require
prompt payment when due of all other sums so secured or to declare default for failure so to pay.
(3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and
presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the
indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in
granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof.
(4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed
and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment
of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters
or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons
legally entitled thereto."
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the
continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by
Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents,
issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person,
by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured,
enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and
profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable
attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking
possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive
any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,
Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and
demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be
filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having
been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice
of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in
lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public
(continued on reverse side) 1158(1)94)
Paoe 3 01 4
0
0
announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the
time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any
covenant or warranty, express or implied. The recitals in such deed of any matters orfacts shall be conclusive proof of the truthfulness thereof.
Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale,
Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest
at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or
persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing,
substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and
duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive
proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed
to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor. Trustee and Beneficiary
hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee.
(8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators,
executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby,
whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine
and/or neuter, and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law.
Trustee is not obligated to notify any parry hereto of pending sale under any other Deed of Trust or of any action or proceeding in which
Trustor, Beneficiary or Trustee shall be a parry unless brought by Trustee.
DO NOT RECORD REQUEST FOR FULL RECONVEYANCE
TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE:
The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust Said note or
notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed.
on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidences
of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties
designated by the terms of said Deed of Trust, all the estate now held by you under the same.
Dated
Please mail Deed of Trust,
Note and Reconveyance to
Do not lose or destroy this peed of Trust OR THEHOTE wbicb it secures. Eoeb must be deli re d to The rhstee for cancellation before reconeeyartce will be made.
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GENERAL PROVISIONS
MOMijul i JI 1 j' ilY XfY
You shall deposit all funds received in this escrow in any bank insured by
an agency of the United States Government, including your affiliated bank, First
American Trust Company, in one or more of your general escrow demand accounts.
These funds may be transferred to any ocher general escrow demand account or
accounts, in the bank named below in Section 18, if federally insured. All
disbursements shall be made by your check. You are authorized not to close
escrow or disburse until good funds have been confirmed in escrow.
2. PROBATIONS AND ADJUSTMENTS:
The expression "Close of Escrow' used in this escrow means the date of which
instruments referred to herein are recorded and relates only to proracions
and/or adjustments unless otherwise specified.
All prorations and/or adjustments are to be made on the basis of a 30 day
month unless otherwise instructed in writing.
3. RECORDATION OF INSTRUMENT-
You are authorized to record any documents delivered through this escrow,
the recording of which is necessary or proper in the issuance of the requested
Policy of Title Insurance.
4. AUTHORIZATION TO EXECUTE ASSIGNMENT OF INSURANCE POLICIES•
You are to execute an behalf of the parties hereto from assignments of
interest in an -f insurance policies (other than title insurance) called for in
this escrow; forward assignments and policies upon close of escrow to the agent
with the request', first, that insurer consent to such transfer and /or attach a
loss -payable clause and/or male such ocher additions or corrections as may have
been specifically required herain, and second, that the agent thereafter forward
such policies tor the parties entitled to them.
In all acts in this escrow relating to insurance, including adjustments, if
any, you shall be fully protected in assuming that each policy is in force and
that the necessary premium. has been paid.
5. AUTHORIZATION TO FURNISH COPIES:
You are to furnish a copy of these instructions, amendments thereto, closing
statements and/or any other documents deposited in this escrow to the lender or
lenders, the real estate broker or brokers, and/or the attorney or attorneys
involved in this transaction upon the request of the lenders, brokers or
attorneys.
A6-1 First American
Exhibit E Page 1 of 5
•
6. PERSONAL PROPERTY TAXES:
No examination or insurance as co the amount or payment of personal property
taxes is required unless specifically requested.
7. RIGHT OF CANCELLATION:
Any party instructing you to cancel this escrow shall file notice of
cancellation in your office in writing. You shall within a reasonable time
thereafter mail, by certified mail, one copy of the notice to each of the other
parties at the addresses stated in this escrow. Unless written objection to
cancellation is filed in your office by a party within ten (10) days after the
date of mailing, you are authorized at your option Co. comply with the notice and
demand payment of your cancellation charges as provided in this agreement. If
written objection is filed, you are authorized at your option to hold all money
and instruments in this escrow and take no further action until otherwise
directed, either by the parties' mutual written instructions, or final order of
a court of competanc jurisdiction.
The parties hereto expressly agree that you, 'as.escrow holder, have the
absolute right at your election to file an action in interpleader requiring the
parties to answer and litigate their several claims and rights among themselves
and you are authorized to deposit with the clerk of the court all documents and
funds held in this escrow. In the event such action is filed, the parties
jointly and severally agree to pay your cancellation charges, costs and
expenses, and reasonable attorney fees which you are required to expand or incur
in the incerplaader action, the amount thereof to be fixed and judgment
therefore to be rendered by the court. Upon the filing of the action, you shall
thereupon be fully released and discharged from all•.obligations to further
perform duties or obligations otherwise imposed by rhe term of this escrow.
If there is no action taken on this escrow within six (6) months after the
"time limit data" as set forth in the escrow instructions or written extension
thereof, your agency obligation shall terminate at your option and all
documents, monies, or ocher items held by you shall be returned to the parties
depositing same.
In the event of cancellation of this escrow, whether it be at* the request of
any of the parties or otherwise, the fees and charges due FIRST AMERICAN TITLE
INSURANCE COMPANY, including expenditures incurred and/or authorized shall be
borne equally by the parties hereto (unless otherwise agreed to specifically).
• • a hr �: e •
Should you before or after close of escrow receive or become aware of any
conflicting demands or claims with respect to this escrow or the rights of any
of the partiam hereto, or any money or property deposited herein or affected
hereby, you shall have the right to discontinue any or all further acts on your
part until thw-conflict is resolved to your satisfaction, and you shall have the
further right+ -td commence or defend any action or proceedings for the
determination of the conflict as provided in Paragraphs 7 and 8 of these General
Provisions.
A6-1 First American
Exhibit E Page 2 of 5
0 0
11. FUNDS RETAINED IN ESCROW:
If for any reason funds are retained in escrow, you may deduct therefrom
$20.00 as a monthly'charge as custodian thereof.
12. USURY:
You are not to be concerned with any question of usury in any loan
encumbrances involved in the processing of this escrow and you are hereby
released of any responsibility or liability.
13. AMENDMENTS TO ESCROW INSTRUCTIONS:
Any amendments or supplements to these escrow instructions must be in
writing. These escrow instructions constitute the entire escrow between the
escrow holder and the parties hereto.
14. GOOD FUNDS LAW:
The parties understand that all funds to close escrow must be deposited a
sufficient number of days prior to the close of escrow in order to comply with
Section 12413.1 of the California Insurance Code. GBnerally speaking, wire
transferred funds may be deposited into our escrow account anytime prior to the
close of escrow. Cashier's Checks and certified checks must be deposited into
our escrow account the business day before the close of escrow.
For information concerning holds on other types of checks, please contact your
escrow officer.
FIRST AMERICAN TITLE INSURANCE COMPANY WITS. NOT BE HELD RESPONSIBLE FOR
REIMBURSEMENT OF ANY INTEREST OR LOSS OF INTEREST BECAUSE FUNDS WERE DEPOSITED
INTO ESCROW BY PERSONAL AND/OR CORPORATE CHECKS.
15. ESCROW TRUST FUNDS:
Buyer and Seller acknowledge that the escrow holder will be depositing all
funds in escrow in a NON-INTEREST bearing fiduciary account at one of the
following banks:
BANK OF AMERICA WELLS FARGO BANK IMPERIAL BANK
FIRST INTERSTATE BANK METRO BANK GUARDIAN BANK
PACIFIC NATIONAL BANK COMMERCIAL CENTER BANK
The Tax Reform Act of 1986 provides that First American Title Insurance
Company must report to the Internal Revenue Service certain information
regarding all real estate transactions. This information includes, among ocher
things, the Seller's social security number and/or tax identification number and
forwarding address, and the gross sales price of the transaction. This is not a
requirement generated by First American Title Insurance Company, but rather a
means of complying with the new tax law. This information must be provided to
First American Title Insurance Company upon the opening of escrow, and escrow
cannot close, nor can the Deed or any other documents be recorded until the
information is provided and the seller certifies the accuracy of the information
in writing. By execution of these escrow instructions, the parties acknowledge
receipt of this notice. A6-1 First American
Exhibit E Pace 3 of 5
0 0
1Z:.TAX REPORTING AND HITHHOLDINC OB ICATIONS OF TH P RTIrs
Scace Law -
In accordance with Sections 18805 and 26131 of the Revenue and Taxation
Code, a buyer may be required to withhold an amount equal to three and one-third
percent of the sales price in the case of the disposition of California real
property interest by either:
1. A seller who is an individual with a last known street address outside of-
California
fCalifornia or when the disbursement instructions authorize the proceeds be sent
to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place.of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal
to the greater of 10 percent of the amount required to be withheld or five
hundred dollars ($500).
However, notwithstanding any other provision included in the California
statutes referenced above, no buyer will.be required to withhold any amount or
be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one
hundred thousand dollars ($100,000), or
2. The seller executes a written certificate, under the penalty of perjury,
certifying that the seller is a resident of California, or if a corporation, has
a permanent place of business in California, or
3. The seller, who is an individual, executes a written certificate, under the
penalty of perjury, that the California real property being conveyed is the
seller's principal residence (as defined in Section 1034 of the Internal Revenue
Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate
for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the
Franchise Tax Board to grant reduced withholding and waivers from withholding on
a case-by-case basis.
The parties torthis transaction should seek an attorney's, accountant's, or
ocher tax s19ecfa1isVs. opinion concerning the effect of this law on this
trans actiorc aadg:should not ac= on any statements made or omitted by the escrow
or closing officer
The Seller may request a waiver by contacting:
Franchise Tax Board
Withhold at Source Unit
P.O. Box 651
Sacramento, Ca. 95811-0651
(916) 369-4900 A6-1 First American
Exhibit E Page 4 of 5
Federal Law
Internal Revenue Code Section 1445 places special requirements for tax reporting
and withholding on the parties to a real estate transaction where the Seller is
a non-resident alien, a non-domestic corporation or partnership, a domestic
corporation or partnership controlled by non- residents or non-resident
corporations or partnerships.
With respect to both the State Law and Federal Law referred co above, the
parties to this transaction are seeking an attorney's, accountant's or other cax
specialist's opinion concerning the effect of these laws an chis transaction 'or
are relying on their own knowledge of these laws. The Parties co Chis
transaction are NOT acting on or relying on any statements made or omitted by
the escrow holder, title officer, or ocher closing officer with respect co cax
reporting or withholding requirements.
18- NOTICE OF AVAILABILITY OF TITLE INSMNa
Important: In a purchase or exchange of real property, is may be advisable co
obtain title insurance in connection with the close of escrow since there may be
prior recorded liens and encumbrances which affect your interest in the property
being acquired. A new policy of title insurance should be obtained in order to
ensure your interest in the property chat you are acquiring.
19. DISCLOSURE OF TAXPAYER iNDENTIFICATION-NUMBERS'
Internal Revenue Code Section 6109(h) imposes requirements for furnishing,
diclosing, and including'caxpayer indentification nµmbers in tax returns on the
parties to a residential real estate transaction involving seller- provided
financing. The parties understand that the disclosure reporting requirements
are exclusive obligations between the parties to this transaction and. chat First
American Title Insurance Company is not obligated to transmit the taxpayer
indentification numbers to the Internal Revenue Sarvica at to the parties.
First American Title Insurance Company is not rendering an opinion concerning
the effect of this law an this transaction, and the parties are not acting an
any statements mads or omitted by the escrow or closing officer.
To-facilirate compliance with this law, the parties co this escrow hereby
authorize First American Title Insurance Company to release any party's taxpayer
indentification number to airy requesting party who is a parry to this
transaction. The requesting party shall deliver a written request to escrow ---
The Parties hereto waive all rights of confidentiality regarding their
respective taxpayer indentification numbers and agree to hold First American
Title Insurance Company harmless against any fees, costs, or Judgement incurred
and/or awarded in connection with the release of taxpayer indentification
numbers.
20. ESCROW HOLDER IS HEREBY AUTHORIZED AND INSTRUCTED TO FURNISH BUYER WITH
A COPY OF SELLER'S CLOSING STATEMENT AT CLOSE OF ESCROW.
A6-1 First American
Exhibit j5 Page 5 of 5
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
MINUTES
0
September 13, 1994
PUBLIC NOTICE -- OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY -- CITY
OF SAN JUAN CAPISTRANO FIRE STATION TO CITY OF SAN JOAN CAPISTRANO, PM
801-7: General Services Agency/Real Estate requests approval or the
sale of a former fire station to the City of San Juan Capistrano. (Date
set at August 23, 1994 meeting.)
Chairman Riley opened the public hearing and asked if anyone wished to
address the Board on the matter. Hearing no response, he declared the
public hearing closed.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Vasquez,
the Board moved to: 1. Approve the sale of the surplus parcel to the
City of San Juan Capistrano. 2. Authorize the Clerk of the Board on
behalf of the Board of Supervisors to sign the offer and Agreement to
Purchase Real Property and the Quitclaim Deed, have the signature on the
Deed notarized, and return all documents to General Services Agency/Real
Estate for deposit into escrow. 3. 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 escrow instructions to escrow, as required.
MOTION UNANIMOUSLY CARRIED.
•
I
'inlouo�nm
Innuiwio 1961
1776
August 4, 1994
Donna Garza
County General Service Agency
14 Civic Center Plaza, Third Floor
P. O. Box 4106
Santa Ana, California 92702
Re: Old San Juan Capistrano Fire Station - PM 801-7
Dear Ms. Garza:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSOORFER
GILJONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of August 2, 1994, the City Council of the City of San Juan Capistrano held a
public hearing to consider the purchase of the Old San Juan Capistrano Fire Station Site at 31411
La Matanza. Following that hearing, the City Council approved the Offer and Agreement to
Purchase Real Property from the County.
Two executed copies of the Agreement are enclosed. Upon approval by the Board of Supervisors,
please forward a signed copy of the Agreement to the City Clerk's Office for the City's official
records.
Thank you for your assistance. If you need any additional information, please let us know.
Very truly yours, -^ -
Cheryl Johnson
City Clerk
Enclosure
cc: Director of Administrative Services
Mary Laub (with copy of Agreement)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
a
a
6. RESOLUTION ACCEPTING EASEMENT FOR STREET. HIGHWAY. AND UTILITY
PURPOSES ON PROPERTY LOCATED AT 32592 VALLE ROAD SOUTH OF
CAPISTRANO VOLKSWAGEN DEALERSHIP - ARCHITECTURAL CONTROL 88-01
(KLEIN/WELK) (LINCOLN -MERCURY) (670.50)
As set forth in the Report dated August 2, 1994, from the Director of Engineering and Building, the
following Resolution was adopted accepting the easement for street, highway, and utility purposes
from Gerald Klein and Earl Welk for improvements to Valle Road:
RESOLUTION NO. 94-8-2-2. ACCEPTANCE OF EASEMENT FOR STREET.
HIGHWAY_ AND UTILITY PURPOSES_ ARCHITECTURAL CONTROL 88-01
(LINCOLN-MERCURY/KLEIN-WELK) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FROM THE K & W DEVELOPMENT
KORPORATION FOR STREET, HIGHWAY, AND UTILITY PURPOSES IN
CONNECTION WITH DEVELOPMENT OF ARCHITECTURAL CONTROL 88-01
(LINCOLN -MERCURY)
The City Clerk was directed to forward the document to the County Recorder.
111julummlow
1. CONSIDERATION OF PROPOSED PURCHASE OF THE OLD SAN JUAN CAPISTRANO
FIRE STATION COMPLEX LOCATED AT 31421 LA MATANZA (COUNTY OF
ORANGE) (600.50/670.20)
Proposal:
Consideration of an offer from the County of Orange to sell the property located at 31411 La Matanza,
known as the Old Fire Station site, at a price of $265,000 over a 30 -year period at 8% APR. There
would be no pre -payment penalty; however, should the City develop the property for commercial use,
the County would receive 80% of all future commercial proceeds. The City has been leasing the
property from the County at $1.00/year since 1982 for use by the Community Services Department.
Written Communication:
Report dated August 2, 1994, from the Director of Administrative Services, recommending that the
County's offer to sell the Old Fire Station property to the City be accepted based on the offer's fair and
reasonable terms, the deed restriction not encumbering the City's use of the site, and the City having
better utilization of the facilities on the site. The report advised that new County policies require re-
negotiation of leases to receive a fair market return. It was estimated that a facility of this size could
lease for as much as $75,000 annually.
Ms. Pendleton made an oral presentation.
Public Hearine:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following persons responded:
(1) Dr. Marilyn Ditty, Executive Director of the South County Senior Services, spoke in favor
of the proposed property acquisition based on the proposed terms being reasonable and
workable for the City. She noted that the City's Senior's Nutrition Program has been
City Council Minutes -3- 8/2/94
0
a
conducted at the Old Fire Station site and stated that other sites considered for the program
were unaffordable at an average of $1 per square foot.
(2) Pauline Leonard, 27589 Brookside Lane, spoke in support of the proposed property
acquisition. She inquired whether the entire site was proposed for acquisition, noting that the
additional building on the site could be used for the Senior's Nutrition Program.
Ms. Pendleton indicated that the entire site would be purchased and noted that the additional building,
which was currently being used by the County for storage, would be vacated and available for the
City's use upon acquisition of the property.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Mayor Campbell urged that the 30 -year loan be paid off as soon as possible.
Approval of Agreement to Purchase the Old Fire Station Prop= from the County of Orange:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and
unanimously carried that the Offer and Agreement for Sale of Real Property be approved for the
purchase of property located at 31411 La Matanza. The Mayor was authorized to execute the
Agreement on behalf of the City.
2. AUTHORIZATION TO ASSESS CHARGES - 1994-95 CITY LANDSCAPE
MAINTENANCE DISTRICTS (TRACTS 9284. 9382. 8485, 7673, 9373/7654. AND
CAPISTRANO ROYALE) (345.20)
Proposal:
Consideration of proposed annual assessments for the subject City Landscape Maintenance Districts.
Written Communication:
Report dated August 2, 1994, from the Director of Public Lands and Facilities, recommending that
the proposed budgets for the Landscape Maintenance Districts, Tracts 9284, 9382, 8485, 7673,
9373/7654, and Capistrano Royale be approved and the charges to be assessed for landscape mainten-
ance services be confirmed.
Exhibits were on display, and Mr. Sievers reviewed two issues that had been addressed at the July 14,
1994, public meeting. : 1) a proposed project to improve the roadside landscaping on Camino La
Ronda within the Los Corrales Landscape District; and, 2) the letter from Mr. Tom Lerch requesting
removal of his lot from the Capistrano Royale Landscape District, or consideration for a reduction in
assessment since his property is not immediately adjacent to the common area being maintained. Mr.
Sievers noted that should the Council elect to remove Mr. Lorch's property from being assessed, a
public "protest" hearing with public noticing would be required. At the hearing, if 51% of the
residents being assessed object to the removal of Mr. Lorch's property from the District, the Council
would be required to override the protest with a 4/5th vote, or require the lot to remain in the District.
Public Hearine:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following persons responded:
City Council Minutes -4- 8/2/94
0 0
AGENDA ITEM August 2, 1994
TO: George Scarborough, City Manager
FROM: Cynthia L. Pendleton, Director of Administrative Services
SUBJECT: Agreement for the Purchase of Real Property 31411 La Matanza
PM 801-4 Commonly Referred to as the Old San Juan Capistrano
Fire Station Site
RECOMMENDATION:
By motion, approve the offer and Agreement for Sale of Real Property as prepared for the subject
property and authorize execution of the attached purchase agreement.
SITUATION:
In 1982 the City entered into a ten (10) year lease agreement, at one dollar ($1.00) per year, with the
County of Orange for the Old Fire Station Site. Since that time, the City has operated its
Community Services programs on the site. The programs include the Senior Nutrition Program,
various senior activities, youth and adult classes, community meetings and the administrative
functions of the Community Services Department.
In response to the current fiscal situation, the County of Orange is reviewing the continuation of
these types of leases. The County has notified the City that their asset management policies require
them to renegotiate leases of this type in order to begin to receive a fair market return on the
property. The County has asked the City to consider the purchase of the site under the following
terms:
Sale Price $265,000
Financing 30 years at 8% APR
Payments $1,944.47 per month
Terms No pre -payment penalty
Restriction The County to receive 80% of all future
commercial proceeds if the City develops the
property as such
Staff believes the County's terms are fair and reasonable, that the deed restriction will not encumber
our use of the site and that the purchase will afford the City better utilization of the facilities on the
site.
FOR CRY COUNCIL AGEN E
I
AGENDA ITEM • -2- • August 2, 1994
r
COMMISSIONBOARD REVIEW, RECOMMENDATION:
N/A
FINANCIAL CONSIDERATIONS:
The total cost to lease a facility of this size could be as much as $75,000 annually at fair market
price. The total annual cost of this project is $23,333.64. This amount has been included in the FY
1994-95 budget and the future year budgets. Purchasing this facility under the proposed terms
provides a lesser cost to the City than would be experienced in the open market and the inclusion of
a no pre -payment penalty clause allows the opportunity for a pay off of the agreement should funds
become available at some future date.
The proposed agreement stipulates that the City will pay 100% of title insurance and escrow costs
in conjunction with this purchase and they are as follows:
Title Insurance $1,059.00
Escrow Fees $1,112.00
Total $2,171.00
NOTIFICATION:
Required public notification has occurred, including posting and newspaper publication.
ALTERNATE ACTIONS:
1. Approve the purchase agreement.
2. Do not approve the purchase agreement.
3. Request further information from staff.
RECOMMENDATION:
By motion, approve the Offer and Agreement for Sale of Real Property as prepared for the subject
property and authorize execution of the attached purchase agreement.
Respectfully submitte
�
. CZr2_
hia L. Pendleton
CLP:ML/ja
Attachment
r ar ed��%
V�—
Mary Laub
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
1 am a citizen of the United States and a resident of the County
aforesaid. I am over the age of eighteen years, and not a party to or
interested in the above entitled matter. I am the principal clerk of the
Capistrano Valley News, a newspaper that has been adjudged to
be a newspaper of general circulation by the Supe^or Court of the
County of Orange, State of California, on June 7, 1964, Case No.
A-122949 in and for the City of San Juan Capistrano, County of
Orange, State of California; that the notice, of which the annexed is
a true printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the
following dates, to wit:
July 21, 1994
I declare under penalty of perjury that the foregoing is true and
correct.
Executed at Mission Viejo, Orange County, California, on
.............Ju 1.Y.... 21.f.....1.9.9.4 ........ ............... ... ....... ............ ........ I...
(Signature)
Capistrano Valley News
(A Publication of South Orange County News)
23611 Via Fabricante
P. O. Box 3629
Mission Viejo, California 92690
(714)768-3631
Space below for Filing Stamp Only.
NOTICE OF PUBLIC HEARING
.............................................................................................................
NOTICE OF PUBLIC HEAMG
CITY OF SANJUANCAPIST tANO
NOTICE IS HEREBY GIVEN, Ohm on Oil, Red dayAM
UM.
uet
1004, at 7:00 PAL in tM City, C,U Chamber, 3%100 Paean
Adelman, San Joao Capistrano, Calif ..w`
f38' Council will
hold • Pohlie bearing on tlx thilwtng: ,
CON
IDERATION OF
SSAN JUAN CAPISTRANPROPOSED
FIRE STA"pNoOFTHE okinEX LD
The pmpeap of tw puh➢e bearing 4 n aoWdr rw
m eaapl W I11444148. A copy of the prWemd p,eaham
Agreement between tM City of Sao Juan, Cop4traa and the
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T716ee desiring On M heaN in fern, m n of, or n ogpodalryan,t0. this
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Proof of Publication of
NOTICE OF PUBLIC HEARING
.............................................................................................................
NOTICE OF PUBLIC HEAMG
CITY OF SANJUANCAPIST tANO
NOTICE IS HEREBY GIVEN, Ohm on Oil, Red dayAM
UM.
uet
1004, at 7:00 PAL in tM City, C,U Chamber, 3%100 Paean
Adelman, San Joao Capistrano, Calif ..w`
f38' Council will
hold • Pohlie bearing on tlx thilwtng: ,
CON
IDERATION OF
SSAN JUAN CAPISTRANPROPOSED
FIRE STA"pNoOFTHE okinEX LD
The pmpeap of tw puh➢e bearing 4 n aoWdr rw
m eaapl W I11444148. A copy of the prWemd p,eaham
Agreement between tM City of Sao Juan, Cop4traa and the
�
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My oforaepe I. wable for review al twa llift oftw City
T716ee desiring On M heaN in fern, m n of, or n ogpodalryan,t0. this
IteWill he give, ea oppatumty do 40 in WCgge11uP0000or,
prlantMmeeBW.DxWriJWk,We 77140
AdeIann,SaeJMc,# ,,,,, City
Ogrs;AWetlo,:City
L7erk Goveromoat Ode SWUM 311373 a oft; "Wena: City
d1AWWW On the IM6"" body by a,y pnpe,pe puhlk re-
eorda and siuR be mob momil" ithopr dYq-U yo, W"
written nb,matioe to the CRy CwpdR mem W keN W ihuua, n
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NOTICE OF TRANSNHTTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Bea Gougeon, Legal
FOR PUBLICATION ON:
0
THURSDAY, JULY 21, 1994
DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING -
CONSIDERATION OF PROPOSED PURCHASE
OF THE OLD SAN JUAN CAPISTRANO FIRE
STATION COMPLEX
PROOF OF PUBLICATION
AUTHORIZED BY:
C
DATE: July 14, 1994
Date of Public Hearing
Date notice published
Date affidavit received
Please send to:
City Clerk's Division, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714)493-1171
-08/02/94
-07/21/94
- -71,9 6 IN Ornas
Date notice posted in
designated posting places (3) - 07/21/94
Date notice posted on property -07/21/94
Date of mailing notice to
interested parties -07/21/94
Date notice transmitted to
City Manager's Office -07/14/94
noti4e of
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
NOTICE IS HEREBY GIVEN, that on the 2nd day of August, 1994, at 7:00 P.M. in the City
Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will
hold a public hearing on the following:
CONSIDERATION OF PROPOSED PURCHASE OF THE OLD
SAN JUAN CAPISTRANO FIRE STATION COMPLEX
The purpose of the public hearing is to consider the proposed purchase of the Old San Juan
Capistrano Fire Station Complex located at 31421 La Matanza. A copy of the proposed purchase
agreement between the City of San Juan Capistrano and the County of Orange is available for
review at the office of the City Clerk.
Those desiring to be heard in favor of, or in opposition to, this item will be given an opportunity to
do so during such hearing or, prior to the meeting, by writing to the City Council at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. Government Code Section
54957.5 stipulates that writings distributed to the legislative body by any person are public records
and shall be made available without delay. If you bring written information to the City Council
meeting for distribution to the City Council at such meeting, please provide additional copies for
distribution to the audience.
For further information, you may contact Mary Laub, Administrative Services Department, at 443-
6303.
CHERYL JOH14SON, CITY CLERK
FOR OFFICE USE ONLY:
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
ss. AFFIDAVIT OF POSTING
AND PUBLICATION
I, CHERYL JOHNSON, declare that I am the duly appointed and qualified City
Clerk of the City of San Juan Capistrano; that on July 21, 1994, I caused the above Notice to be
posted in three (3) public places in the City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library
AND, that on July 21, 1994, the above Notice was published in the Capistrano Valley News
newspaper.
I declare under penalty of perjury that the foregoing is true and correct.
CHERYL JOHNSON,'CITY CLERK
City of San Juan Capistrano
California
0 0
•MAILING LIST
August 2, 1994
Notice of Public Hearing - San Juan Capistrano Fire Station Complex
County of Orange
General Service Agency
Attn: Donna Garza
14 Civic Center Plaza, Third Floor
P.O. Box 4106
Santa Ana, California 92702
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
0
) ss AFFIDAVIT OF POSTING
(Pursuant to Government Code Section 65091)
I, Mary Laub, hereby declare that on July 21, 1994, I posted two (2) copies of Notice of Public
Hearing for the Consideration of Proposed Purchase of the Old San Juan Capistrano Fire Station
Complex Located at 31421 La Matanza, in conspicuous locations along La Matanza in front of the
Fire Station Complex at not more than 300 feet apart.
I declare under penalty of perjury that the foregoing is true and correct.
Dated this 21st day of July, 1994.
Mary Laub, Management Assistant 11
0
4 7 OUNTY OF
5 IV 3 />,FtAN G E
GENERAL SERVICES AGENCY
REAL ESTATE
14 Civic Center Plaza, Third Floor
P.O. Box 4106
Santa Ana, California 92702
(714) 834-5503
FAX (714) 834-5658
August 31, 1994
Ms. Mary Laub
Management Assistant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Old San Juan Capistrano Fire Station
Dear Mary:
0
BERT SCOTT
Director, General Services Agency
ROBERT G. LOVE
Deputy Director, General
Services Agency
CHARLES W. WEST
Director, GSNReal Estate
The proposed purchase agreement has been submitted to the Board of Supervisors for
consideration. The Board has authorized the Clerk of the Board to publish a notice of intent
to sell the property and has set September 13 as the date for Board approval of the sale.
After that approval we will open escrow as provided in the agreement.
I have enclosed original note and deed of trust for signature on behalf of the City. Please
have the signatures on both documents notarized for recordation. Please have these signed
and returned to me.
If any questions arise, please call me at 834-5411. Thanks for your cooperation.
Donna Garza
Real Property Agent
i ;.;ano
September 26, 1994
E
if O F
NGE
GENERAL SERVICES AGENCY
REAL ESTATE
14 Civic Center Plaza, Third Floor
P.O. Box 4106
Santa Ana, California 92702
(714) 834-5503
FAX (714) 834-5658
Ms. Cheryl Johnson, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Old San Juan Capistrano Fire Station
Dear Ms. Johnson:
0
BERT SCOTT
Director, General Services Agency
ROBERT G. LOVE
Deputy Director, General
Services Agency
CHARLES W. WEST
Director, GSkReal Estate
Enclosed is a copy of the fully executed Offer and Agreement to Purchase Real Property and
the Board Minute Order approving the sale.
Escrow number 9463785 -JF has been opened at First American Title Insurance Company,
114 E. 5th Street, Santa Ana, CA 92701 for this transaction. The Escrow Officer is Jan Foster.
Her phone number is 558-3211.
If I can provide any further information, please call me at 834-5411.
Sincerely,
Donna Garza
Real Property Agent
ry