1988-0212_ROSAN PALUZZI, CHARLOTTE MAE_AgreementCapistrano Valley Mobile Estates
26000 f7oenida Heropuerto. San 9uan Capistrano, California 92675 Phone 714-493-4411
Mayor and Honorable City Council Members
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
July 17, 1991
RE: Proposal to trade or purchase 1.69 acres of land owned by the
San Juan Capistrano Redevelopment Agency, bordered on the
north by Capistrano Valley Mobile Estates.
AKA: "Rosan Ranch Property"
Dear Mayor and Honorable City Council members:
I am the owner of Capistrano Valley Mobile Estates, a 230 space
senior mobile home park, which borders the Rosan Ranch Property
the city acquired in March of 1988. Due toour concern as to the
new location for the Solag Disposal Company, and to releive the
fears of my residents as to its location and the further
development of the Rosan Ranch Property, I wish to ask for a
buffer zone for the south end of the mobile home park.
I am also the owner of 1.34 acres of land on the west bank of
San Juan Creek (Parcel #668-211-20) which I offer to trade to the
San Juan Capistrano Redevelopment Agency for 1.69 acres of land
at the south end of Capistrano Valley Mobile Estates as the
�9/ buffer I need to releive my residents fears.
xx 5co75/
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If this is not acceptable to the City, I offer to purchase a
buffer portion of the Rosan Ranch Property for a possible
Iovely "greenbelt", sport park or R. V. storage area for my
residents.
I thank you in advance for your consideration in this matter
and I remain
Very ly yours, / ,
Ervi atkins
Owner and President, Capistrano Valley Mobile Estates
s k: ELW
CC: Jeff Parker
CHRISTIANSEN &IATES
32432 Alipaz Stree Suite N
SAN JU (714) 493.321 C$373321 ALIFORNIA 92675
;01
FOR PURCHASE AND SALE OF REAL PROPERTY
AND
ESCROW INSTRUCTIONS
Escrow No.:
Newport Beach, California
Date: February kL—, 1988
TO: Escrow Consultants, Inc.
4041 MacArthur Blvd., Suite 170
Newport Beach, California 92660
Attention: Frank C. Huntsman, Escrow Officer
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND
ESCROW INSTRUCTIONS (the "Agreement") is made on February _,
1988, among and between the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body politic (hereinafter
referred to as "BUYER") and CHARLOTTE MAE ROSAN PALUZZI, an
individual, and CHARLOTTE MAE ROSAN, as Trustee of the JOSE
and CHARLOTTE ROSAN TRUST, UDT, dated July 13, 1976, (herein-
after collectively referred to as "SELLER").
RECITALS
A. SELLER is the owner of that certain real property
located within the City of San Juan Capistrano, County of
Orange, State of California, and more particularly described
on Exhibit "A" attached hereto (the "Property").
B. BUYER and SELLER further intend that this Agreement
shall constitute the instructions to Escrow Consultants,
Inc., as Escrow Holder to effect the purchase and sale of the
Property as contemplated herein.
C. The Property is held by SELLER as follows: Parcel
No. 121-240-20 is held in the name of CHARLOTTE MAE ROSAN, as
Trustee of the JOSE and CHARLOTTE ROSAN TRUST, UDT, dated
July 13, 1976, and Parcel No. 121-140-39 is held in the name
of CHARLOTTE MAE ROSAN, an unmarried woman.
NOW THEREFORE, SELLER hereby agrees to sell the Property
to BUYER, and BUYER hereby agrees to purchase the Property
from SELLER, in accordance with and subject to the terms and
provisions set forth below:
1.
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ARTICLE I
PURCHASE PRICE; TERMS
1.1 Purchase Price/Terms. The total purchase price for
the Property shall be the sum of One Million Two Hundred
Thousand Dollars ($1,200,000.00) (the "Purchase Price"). The
Purchase Price shall be payable in cash or cashiers check at
the times and in accordance with the provisions set forth in
Section 2.3, below.
ARTICLE II
ESCROW
2.1 Openinof Escrow. BUYER shall open an escrow
within ten (10) di
from the date of the execution of this
Agreement (the "Escrow"), to be opened with Escrow
Consultants, Inc. ("Escrow Holder") by BUYER and SELLER each
delivering a fully executed counterpart of this Agreement to
Escrow Holder and by the execution by BUYER and SELLER of any
standard printed escrow instructions required by Escrow
Holder, not inconsistent with this Agreement, containing
normal provisions for the protection of the Escrow Holder and
incorporating the terms and provisions of this Agreement. To
the extent that the terms and provisions of such printed
escrow instructions are inconsistent with the terms and
provisions of this Agreement, the terms and provisions of
this Agreement shall in any and all events control. Escrow
shall be deemed open only when a fully executed copy of this
Agreement, or counterparts thereof shall be delivered to
Escrow Holder (the "Opening of Escrow"). Escrow Holder shall
thereupon notify each party as to the date Escrow is
opened. Supplemental escrow instructions, if necessary,
shall be signed by BUYER and SELLER and shall be delivered to
Escrow Holder within five (5) days of the Opening of Escrow.
2.2 Close of Escrow. Subject to the satisfaction or
waiver of the conditions set forth in Article III, below,
this Escrow shall close (the "Closing Date") no later than
thirty (30) days following the execution of this Agreement.
Escrow shall be deemed closed upon the recordation
of the Grant Deed pursuant to Section 2.5, below (the "Close
of Escrow").
2.3 Pa ments and De osits b Buyer. BUYER hereby agrees
to make the following eposits into Escrow:
On or before 5 o'clock p.m. on the Closing Date,
BUYER shall deposit the (i) the Purchase Price, and (ii)
BUYER's share of the costs, fees and prorations pursuant
to Sections 2.6 and 2.7, below.
2.
2.4 Deposits by Seller. On or before the last business
day immediately preceding the Closing Date, SELLER will depo-
sit with Escrow Holder an executed and recordable Grant Deed
(the "Grant Deed") conveying good title to the Property to
the name of BUYER, or as specifically directed by BUYER in
writing, together with such funds and other items and instru-
ments as may be necessary in order for the Escrow Holder to
comply with this Agreement.
2.5 Instructions to Escrow. Escrow Holder is hereby
instructe to do the following:
On the Closing Date, provided all conditions con-
tained in Article III have been either satisfied or
waived, (i) record the Grant Deed, (ii) deliver to SELLER
the Purchase Price, less costs, fees and prorations
chargeable to SELLER pursuant to Sections 2.6 and 2.7,
below, and (iii) cause the Title Policy to be issued and
delivered to BUYER pursuant to the terms of
Section 3.1.2, below.
2.6 Prorations. All non -delinquent general and special
real property taxes and assessments shall be prorated to the
Closing Date on the basis of a thirty (30) day month. When
the proration is made as called for above, the proration is
to be based upon the tax statement last available to Escrow
Holder.
2.7 Escrow Fees and Costs. Unless otherwise designated
in the escrow instructions to BUYER, title shall vest as the
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY. BUYER
shall pay one-half (1/2) of all escrow costs.
ARTICLE III
CONDITIONS TO CLOSE OF ESCROW
3.1 Buyer's Contingencies. BUYER's obligation to per-
form hereunder and the Close of Escrow shall be subject to
the following conditions precedent which must be satisfied or
waived by BUYER in the manner and on the date set forth
below:
3.1.1 Approval of Documents. BUYER's approval of
all documents pertaining to the purchase and sale contem-
plated by this Agreement.
3.1.2 Issuance of Title Policy. SELLER shall
furnish to BUYER, at SELLER's expense, a standard California
Land Title Association policy insuring title to BUYER. The
title to the Property is to be free of all liens, encum-
brances, easements, restrictions, rights and conditions of
record known to SELLER with the exception of those specifi-
cally set forth on Exhibit "B". If SELLER fails to deliver
3.
fee title as herein provided, BUYER, at its option, may
terminate this Agreement.
3.2 Seller's Contingencies. SELLER's obligation to
perform hereunder and the Close of Escrow shall be subject to
the following conditions precedent which must be satisfied or
waived by SELLER in the manner and on the date set forth
below:
3.2.1Approval of Agreement. BUYER must obtain
approval of this Agreement and the purchase and sale
described herein by whatever governmental unit, agency, or
body required by law to approve such Agreement and purchase
and sale.
3.2.2 Purchase Price. BUYER must deliver the
Purchase Price in cash or by cashiers check.
ARTICLE IV
SPECIAL REPRESENTATIONS AND RIGHTS
4.1 Risk of Loss. Risk of loss of the Property shall be
borne by SELLE��1 title is conveyed to BUYER.
4.2 Acquisition byEminent Domain. BUYER and SELLER
acknowledge and agree that this Agreement arises out of
BUYER's initiation of the eminent domain power in that BUYER
has previously issued a threat of eminent domain letter to
SELLER, dated February 1, 1988. BUYER requires use of
SELLER's Property for public purposes.
4.3 Warranties of Buyer. As additional consideration
and special inducement to SELLER to enter into this Agreement
and to perform an accordance with its terms, BUYER hereby
represents and warrants the following, which representations
and warranties shall survive the Close of Escrow:
4.3.1 Proert Purchased "AS IS". BUYER acknowl-
edges that it has had an adequate opportunity to inspect the
Property and to investigate its physical characteristics and
conditions, and hereby waives any and all objections to the
physical characteristics and conditions of the Property which
would be disclosed by such inspection; BUYER acknowledges
that, except as specifically set forth herein, neither SELLER
nor any of its employees, agents, or representatives has made
any representations, warranties or agreements to or with
BUYER on behalf of SELLER as to any matters concerning the
Property, the present use thereof, or the suitability of
BUYER's intended use of the Property.
The foregoing disclaimer includes, without limita-
tion, topography, climate, air, water, rights, utilities,
present and future zoning, soil, sub -soil, purpose to which
4.
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the Property is suited, drainage or access to public roads.
BUYER further acknowledges and agrees that the Property is to
be purchased, conveyed and accepted by BUYER in its present
condition, "AS IS", and that no patent or latent physical
condition of the Property, whether or not known or dis-
covered, shall affect the rights of either party hereto,
except for latent defects unknown to BUYER, but with respect
to which SELLER had actual knowledge prior to the close of
this transaction. BUYER has investigated and has knowledge of
operative or imposed governmental laws and regulations (in-
cluding specifically the regulations of the Environmental
Protection Agency, and land use laws and regulations) to
which the Property may be subject, and is acquiring the
Property on the basis of his review and determination of the
applicable and affect of such laws and regulations. BUYER has
neither received nor relied upon any representations concern-
ing such laws and regulations made by SELLER, SELLER's
employees, agents, or any other person acting on or on behalf
of SELLER.
Any agreements, warranties or representations not
expressly contained in this Agreement shall in no way bind
SELLER.
4.3.2 Satisfaction of Conditions. Subject to the
warranties of SELLER contained herein, from and after the
Closing Date, BUYER shall be deemed to unconditionally ap-
prove the condition of the Property and that all conditions
to the Closing Date have been satisfied, in accordance with
Section 3.1, above.
4.3.3 Legal Status. It is a public body, politic,
duly organized and existng under the laws of the State of
California.
4.3.4 Re visite Power. Its powers are not super-
seded or limited in way.
4.3.5 Action Authorized. The execution and delivery
of this Agreement and the consummation of this transaction by
BUYER has been duly authorized and no further authorization
is necessary on the part of BUYER.
4.3.6 Legal Authority. It has complied with all of
the requirements of the law of the State of California
relative to the purchase and sale of the Property.
ARTICLE V
MISCELLANEOUS PROVISIONS
5.1 Amendments. Any alteration, change or modification
of or to this Agreement, in order to become effective, shall
be made by written instrument or endorsement thereon, and in
5.
E
each such instance, executed on behalf of each party hereto.
5.2 Notices. Any and all notices and other communica-
tions requi�r�r permitted by this Agreement or by law to be
given to BUYER or SELLER shall be in writing and shall be
deemed duly served and delivered when personally delivered to
the other party or an officer of such party, or forty-eight
(48) hours following deposit into the United States mail,
first class postage prepaid, registered or certified, return
receipt requested, addressed to the other party at the ad-
dress indicated above.
5.3 No Modification. No addition to or modification of
any term or provision of this Agreement shall be effective
unless set forth in writing and signed by both SELLER and
BUYER.
5.4 No Warranties. Except as otherwise specifically
provided herein, neither BUYER nor SELLER has made represen-
tations, warranties or agreements by or on behalf of either
party as to any matters concerning the Property, including,
but without being limited to, the land, topography, climate,
air, water, water rights, utilities, present or future
zoning, soils, subsoil, the purposes for which the Property
is suited, drainage, access to public roads, proposed routes
of roads or extensions thereof, or the existence of, quan-
tity, quality or marketability of any rock, sand or gravel or
other minerals. No agreements, warranties or representations
not expressly contained herein shall bind either SELLER or
BUYER. SELLER and BUYER expressly waive any right of rescis-
sion and all claims for damages by reason of any statement,
representation, warranty, promise or agreement, if any, not
contained in this Agreement.
5.5 Construction of Agreement. The agreements contained
herein shall not be construed in favor of or against either
party, but shall be construed as if both parties prepared
this Agreement.
5.6 Headings. The paragraph headings herein are used
only for the purpose of convenience and shall not be deemed
to limit the subject of the paragraphs of this Agreement or
to be considered in their construction.
5.7 Governing Law. The laws of the State of California
shall govern this Agreement.
5.8 Time of the Essence. Time is of the essence of each
and every provision of this Agreement.
5.9 Further Assurances. Each of the parties shall exe-
cute and deliver any and all additional papers, documents,
and other assurances, and shall do any and all acts and
things reasonably necessary in connection with the per -
6.
formance of their obligations hereunder and to carry out the
intent of the parties.
5.10 No Waiver. No waiver by either party hereto of a
breach of any of the terms, covenants or conditions of this
Agreement by the other party shall be construed or held to be
a waiver of any succeeding or preceding breach of the same or
any other term, covenant or condition contained herein. No
waiver of any default by either party hereto shall be implied
from any omission by the other party to take any action on
account of such default if such default persists or is re-
peated, and no express waiver shall affect a default other
than as specified in such waiver. The consent or approval by
either party hereto to or of any act by either party hereto
requiring consent or approval shall not be deemed to waive or
render unnecessary consent or approval to or of any subse-
quent similar acts.
5.11 Severability. If any portion of this Agreement
shall become illegal, null or void or against public policy,
for any reason, or shall be held by any court of competent
jurisdiction to be illegal, null or void or against public
policy, the remaining portions of this Agreement shall not be
affected thereby and shall remain in force and effect to the
full extent permissible by law.
5.12 Gender and Number. In this Agreement (unless the
context requires otherwise), the masculine, feminine and
neuter genders and the singular and the plural include one
another.
5.13 Entire Agreement. This Agreement constitutes the
entire agreement between the parties hereto pertaining to the
subject matter hereof and all prior and contemporaneous
agreements, representations, negotiations, and understandings
of the parties oral or written, are hereby superseded and
merged herein. The foregoing sentence shall in no way affect
the validity of any instruments executed by the parties in
the form of the exhibits attached to this Agreement. BUYER
has made its own independent investigation regarding the
Property and is not relying on any statement or representa-
tion made by SELLER, its employees or agents, except as set
forth in this Agreement.
5.14 Survival of Covenants. All covenants, represen-
tations, warranties, obligations and agreements contained in
this Agreement shall survive the execution and delivery of
this Agreement and the Closing Date and the delivery and
recordation of all documents or instruments in connection
therewith.
5.15 Incororation of Exhibits. All Exhibits attached
hereto are y this reference thereto incorporated herein.
149ps001cp 7.
0
E
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date set forth below.
BUYER executed this Agreement
on ;:larch 1 , 1988.
ATTEST:
Agency
SELxecuted this Agreement
on �P �a �zz , 1988.
8.
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT
AGENCY, a public body
politic
By :-
Its Gary L. 11ausdorf9i Cliairman
"BUYER"
x r --�
l- le lcl
CHARLOTTE ROSAN PA UZZI an�
individual
CHARLOTTE MAE ROSAN, as
Trustee of the JOSE and
CHARLOTTE ROSAN TRUST, UDT,
dated July 13, 1976
"SELLER"
LEGAL DESCRIPTIONS
PARCEL NO. 121-240-39
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO ALBERT PRYOR AND CRISTINA S. LANDELL BY DEED RECORDED
MARCH 4, 1905 IN BOOK 111, PAGE 202 OF DEEDS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, SAID POINT BEING THE SOUTHEAST CORNER OF THE
NORTHERLY 59 1/2 ACRES ALLOTED TO ROSA A. DE PRYOR, CASE
NO. 1210, SUPERIOR COURT OF SAID COUNTY AND RUNNING FROM SAID
POINT OF BEGINNING SOUTH 80 DEG. 20' 30" EAST ALONG THE EASTERLY
EXTENSION OF THE SOUTH LINE OF SAID 59 1/2 ACRES, 300.40 FEET TO
A POINT IN THE CENTER LINE OF THAT CERTAIN RIGHT OF WAY DEEDED TO
THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 29, 1929 IN BOOK
293, PAGE 160 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT
BEING NORTH 38 DEG. 54' EAST 396.30 FEET FROM THE SOUTHERLY END
OF A 1565.30 FOOT TANGENT LINE AS DESCRIBED IN SAID DEED; THENCE
SOUTH 38 DEG. 54' WEST 396.30 FEET ALONG SAID CENTER LINE TO THE
BEGINNING OF A TANGENT CURVE; THENCE ALONG A TANGENT CURVE TO THE
LEFT, HAVING A RADIUS OF 2000 FEET, THROUGH AN ANGLE OF 10
DEG. 57' 51" A DISTANCE OF 382.72 FEET TO THE EASTERLY LINE OF A
PARCEL OF LAND CONVEYED TO ALBERT PRYOR BY DEED RECORDED JULY 24,
1929 IN BOOK 294, PAGE 162 OF SAID OFFICIAL RECORDS; THENCE SOUTH
13 DEG. 32' WEST 192.34 FEET, MORE OR LESS, ALONG SAID EASTERLY
LINE OF SAID LAST MENTIONED PARCEL OF LAND TO AN IRON PIPE AT THE
SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE NORTH 66 DEG. 19'
WEST 697 FEET PARALLEL TO THE SOUTHERLY LINE OF SAID PARCEL OF
LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 111, PAGE 202 OF
DEEDS, RECORDS OF SAID COUNTY TO THE CENTER LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY; THENCE NORTHERLY ALONG
THE SAID CENTER LINE 76 FEET TO A POINT; THENCE NORTH 66 DEG. 19'
WEST 745.10 FEET TO THE SOUTHEASTERLY CORNER OF THE PARCEL OF
1.6384 ACRES CONVEYED TO JOHN 0. FORSTER BY DEED RECORDED MAY 29,
1931 IN BOOK 480, PAGE 403 OF SAID OFFICIAL RECORDS; THENCE NORTH
9 DEG. 35' EAST ALONG THE EASTERLY LINE OF SAID LAST MENTIONED
PARCEL 453.84 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH
80 DEG. 20' 30" EAST 1450.34 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY
LINE OF THE 100 FOOT RIGHT OF WAY OF THE ATCHINSON, TOPEKA AND
SANTA FE RAILROAD.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE
DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED
JANUARY 28, 1963 IN BOOK 6409, PAGE 742 OF SAID OFFICIAL RECORDS.
PARCEL NO. 121-240-20
BEGINNING AT A 4 X 4 REDWOOD POST MARKING THE SOUTHEAST CORNER OF
THE LAND CONVEYED TO ALBERT PRYOR AND CHRISTINE LANDELL BY DEED
RECORDED IN BOOK 111, PAGE 202 OF DEEDS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE NORTH 5 DEG. 30' 30" EAST 341.14 FEET
ALONG THE EASTERLY LINE OF SAID PARCEL, BEING THE EASTERLY LINE
OF THE PRYOR HOMESTEAD AS SAID EASTERLY LINE IS SHOWN ON A MAP
FILED IN BOOK 3, PAGE 59 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, TO AN IRON PIPE; THENCE NORTH
13 DEG. 32' EAST 240.03 FEET ALONG SAID EASTERLY LINE TO AN IRON
PIPE; THENCE NORTH 66 DEG. 19' WEST 697.00 FEET, PARALLEL WITH
THE SOUTHERLY LINE OF SAID LAND OF LANDELL AND OTHERS, TO THE
CENTER LINE OF THE ATCHINSON, TOPEKA AND SANTA FE RAILROAD;
THENCE NORTHERLY ALONG SAID CENTER LINE 76.00 FEET; THENCE NORTH
66 DEG. 19' WEST 400.00 FEET PARALLEL WITH SAID SOUTHERLY LINE
THENCE SOUTH 23 DEG. 41' WEST TO SAID SOUTHERLY LINE; THENCE
SOUTH 66 DEG. 19' EAST ALONG SAID SOUTHERLY LINE TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY
LINE OF THE 100 FOOT RIGHT OF WAY OF THE ATCHINSON, TOPEKA AND
SANTA FE RAILROAD.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE
DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED
JANUARY 28, 1963 IN BOOK 6409, PAGE 742 OF SAID OFFICIAL RECORDS.
2.
0 9
REPORT OF CASH FUND BALANCES (330.50)
It was moved by Director Bland, seconded by Director Buchheim and unanimously
carried to approve the Report of Cash Fund Balances as of January 31, 1988, in the
amount of $1,061,900.64.
ACCEPTANCE OF THE 1986-87 FINANCIAL REPORT
,AND AUDIT 310.30
Written Communications:
Report dated March 1, 1988, from the Finance Officer, forwarding the Financial
Report and Accountant's Report prepared by Peat, Marwick, Main and Company.
The independent auditors concluded that the Agency had complied with all State
regulations as set forth in the California Health and Safety Codes.
Acceptance of Audit:
It was moved by Director Buchheim, seconded by Director Bland and unanimously
carried to accept the Audit and Financial Report by the Agency's independent
auditors, Peat, Marwick, Main and Company.
--� 4. PROPERTY ACQUISITION AGREEMENT (ROSAN) (600.40) <-
--
Written Communications:
Report dated March 1, 1988, from the Executive Director, forwarding an agreement
for the purchase of the lower Rosan Ranch property. The area includes 12.2 acres
bounded on the east by the Santa Fe Railroad, on the west by San Juan Creek, on the
north by Capistrano Valley Mobile States, and on the south by the Stonehill
extension. The Agency will acquire portions of right-of-way necessary for the
future extension of Stonehill Drive and road access to properties currently
inaccessible through other than private railroad crossings. The acquisition will allow
implementation of an improved emergency access to properties currently served
only by Avenida Aeropuerto. The report advised that the property is a potential site
for the ultimate relocation of the City and Capistrano Valley Water District
corporation yards. Terms include a purchase price of $1.2 million; opening of escrow
within 10 days from date of execution of the agreement with an escrow closing
within 30 days following execution. The report further advised that this was a cash
transaction and a budget adjustment will be necessary. Funding is available from
the proceeds of the recent Bond Anticipation Note.
Approval of Agreement:
It was moved by Director Buchheim, seconded by Director Bland and unanimously
carried to approve the agreement for purchase of the lower Rosan property at a
price of $1.2 million. The Chairman and Secretary were authorized to execute the
agreement on behalf of the Agency. The necessary budget adjustments were
authorized.
-2-
3/1/88
3.
0
Written Communications:
eport dated November 17, 1987, from the Deputy Director, forwarding an
agreement with Thirtieth Street Architects for Design/Build Services for the Multi -
Modal Parking Structure, pursuant to Council direction on October 20th.
Execution of .Agreement:
It was moved by Director Schwartze, seconded by Director Buchheim and
unanimously carried to authorize the Chairman and Agency Secretary to execute the
agreement with Thirtieth Street Architects of Newport Beach, to provide
design/build services for the multi -modal parking structure at $65,175.
The Board recessed at 7:27 p.m., to reconvene the City Council meeting. The Board
convened in a Closed Session at 7:50 p.m., for discussion of acquisition of Archdiocese of
Orange property in the Historic Town Center and the Rosan Ranch property, the Agency
Secretary being excused therefrom, and reconvened at 9:04 p.m.
BOARD ACTIONS
NEGOTIATION FOR ROSAN RANCH PROPERTY (670.20)
It was moved by Director Friess, seconded by Director Buchheim and unanimously carried
to authorize the Executive Director to enter into negotiations for the Rosan Ranch
property located on the west side of Camino Capistrano south of the Barwick Nissan
dealership and north of the Villa San Juan Mobile Home Park.
ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at 9:04
p.m., to the next regular meeting date of Tuesday, December 1, 1987, at 7:00 p.m., in the
City Council Chamber.
Respectfully submitted,
MARY ANN PFANOVER, AGENCY SECRETARY
ATTEST:
GARY L. HAUSDORFER, CHAIRMAN
-4-
11/17/87
San Joan Upisiiaim
Unnn11111m
Rede%t lupmenl
Agen<N
1 _ -
March 11, 1988
Mr. Frank Huntsman
Escrow Consultants, Inc.
4041 MacArthur Boulevard, Suite 170
Newport Beach, CA 92660
Re: Escrow No. 5824 - FH (Rosan)
Dear Mr. Huntsman:
C�
This letter serves as Exhibit 'B" to the Agreement for Purchase and Sale of Real
Property and Escrow Instructions, which was executed by the San Juan Capistrano
Community Redevelopment Agency (Buyer) on March 1, 1988.
The Buyer hereby does not object to Exceptions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, and 16 of the Preliminary Title Report dated March 1, 1988, Order No.
1492202.
Sincer
71Y,
'Stephen B. Juli
Executive Director
SBJ:PAD:dh
32300 Pav,o Adelaniu
San Juan Upisna4o
California 92675
711-395-11 i I
i
March 14, 1988
JVAk„ •
I�
I. v.,F 1� 1961
1776
Mr. Frank C. Huntsman
Escrow Consultants, Inc.
4041 MacArthur Boulevard, Suite 170
Newport Beach, CA 92660
RE: Rosan Escrow No. 5824
Dear Frank:
MEMBERS OF THE CITY COUNCIL
ANTHONY LBLAND
LAWRENCE F. BUCHHEIM
RENNE'H E. FRIESS
GARY L. HAUSDORrER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Enclosed is a fully executed Agreement for Purchase and Sale of Real Property and
Escrow Instructions for the Rosan property. I have also attached Exhibits A and B to
complete the document.
Please be advised when the property is conveyed to the Redevelopment Agency it should
be conveyed properly to the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, a public body corporate and politic. Currently the name is incorrect on the
Agreement and escrow instructions.
If you have any questions, please call me at 493-1171.
Sincerely,
Patricia A. David -
Community Development Associate
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
AGENDA ITEM March 1, 1988
TO: Chairman and Members of the Board of Directors
FROM: Stephen B. Julian, Executive Director
SUBJECT: Property Acquisition - Lower Rosan Ranch
SITUATION:
In accordance with the instructions of the Board of Directors of the Agency, the
attached agreement for the purchase of the lower Rosan Ranch property has been
prepared. The agreement calls for the purchase of 12.2 acres bounded on the east by the
Santa Fe Railroad, on the west by San Juan Creek, on the north by Capistrano Valley
Mobile Estates, and on the south by the Stonehill extension.
The property is being acquired by the Redevelopment Agency for a variety of purposes,
including the acquisition of portions of the right-of-way necessary for the future
extension of Stonehill Drive, and road access to properties that are currently inaccessible
through other than private railroad crossings. Acquisition of this property will also
facilitate the opportunity to create an improved emergency access to properties that are
currently served only by Avenida Aeropuerto. In addition to the foregoing, the property
is a potential site for the ultimate relocation of the City and Capistrano Valley Water
District corporation yards which are inadequate.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The terms of agreement include a purchase price of $1.2 million for the 12.2 acre site,
this is approximately $2.26 per square foot. Other terms include the opening of an
escrow within 10 days from date of execution of the agreement, with escrow to close
within 30 days following execution, subject to the meeting of standard conditions
including the issuance of a title policy, etc. The property is being acquired under "threat
of eminent domain" as requested by the property owner, thereby providing the property
owner with the appropriate reinvestment opportunities as provided by law. This is a cash
transaction and a budget adjustment would be necessary. Funding is available from the
proceeds of the recent Bond Anticipation Note. The Redevelopment Agency would be
subject to reimbursement for that portion of the property required for the Stonehill
extension and properties used by the Capistrano Valley Water District and the City of
San Juan Capistrano for corporate yard purposes.
NOTIFICATION:
Not applicable.
C -y
Agenda Item - Rosan Ranch -2- March 1, 1988
ALTERNATE ACTIONS:
1. Approve the agreement to purchase.
2. Request additional information from staff.
Do not approve the purpose agreement.
RECOMMENDATION:
Approve the proposed agreement for the Rosan property at a price of $1.2 million,
authorize the Chairman of the Redevelopment Agency to sign the agreement on behalf of
the Agency, and authorize the necessary budget adjustment.
Respectfully submitted,
J
Stephen B. Julian /
SBJ:cj
Attachment
• 0
MEMORANDUM February 18, 1988
�
TO: Stephen B. Julian, City Mana� /'
FROM: John R. Shaw, City Attorney IV
SUBJECT: Rosan Agreement �/
The revised draft of the Rosan Agreement sent to us by Roger Grad is
fine. It is ready for calendaring for the Redevelopment Agency calendar
for March 1, 1988.
JRS/ef
cc: Mary Ann Hanover /�-ee
` f-1
RECEIVED
F E 9 1 8' 1988