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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/ ,q,0. M �EfF. = q C. *JA ,c>SE' JUL 1 81991 0 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. • 0 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. • 0 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