Resolution Number 06-04-18-01I
RESOLUTION NO. CRA 06-04-18-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, CALIFORNIA,
ACCEPTING A GRANT DEED FROM HOME DEPOT CORPORATION
CONVEYING FEE TITLE TO ASSESSOR'S PARCEL NUMBERS 121-253-
13 & 121-253-15 (LOWER ROSAN)
WHEREAS, the San Juan Capistrano Community Redevelopment Agency ("the
Agency") has entered into a purchase and sale agreement with Home Depot Corporation
on March 21, 2006 for acquisition of Assessor's Parcel Numbers 121-253-13 and 121-253-
15, commonly referred to as the Lower Rosan property; and,
WHEREAS, Home Depot Corporation has now tendered a Grant Deed to the
Agency for said real property,
NOW, THEREFORE, BE IT RESOLVED, that the San Juan Capistrano Community
Redevelopment Agency does hereby accept the Grant Deed, attached as "Attachment 1"
hereto, from Home Depot Corporation conveying fee title to the Agency for Assessor's
Parcel Numbers 121-253-13 and 121-153-15.
IPASSED, APPROVED, AND ADOPTED r 18`" day/0April 2006.
ATTEST:
JOE SOTtO, CHAIRMAN
R. MONAHAN, CITY CLERK
Page 1 of 1 4-18-2006
STATE OF CALIFORNIA ) _.
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed Agency Secretary of the Community
Redevelopment Agency of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. CRA 06-04-18-01 was duly adopted by the Board of
Directors of the Community Redevelopment Agency at a regular meeting thereof, held
the 18th day of April 2006 by the following vote:
AYES: DIRECTORS: Allevato, Bathgate, Swerdlin, Hart & Chairman Soto
NOES DIRECTORS: None
ABSENT: DIRECTORS: None
Recording requested by, and when recorded
mail to, and mail tax statements to:
' San Juan Capistrano Community
Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Documentary Transfer Tax $
Conveyed, not exclusive of liens and
encumbrance$ remaining on properly at
time of sale
Agent of Seller
CORPORATION GRANT DEED
For valuable and adequate consideration, receipt of which is hereby acknowledged,
HOME DEPOT USA, INC., a Delaware corporation ("Grantor"); grants fee We to the SAN
JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a California municipal
agency ("GranW*), all of that certain real property situated in the City of San Juan Capistrsmu,
County of Orange, State of California, and more particularly described on Exhibit A, attached
hereto (the "PropWj.
This grant is made on the express condition, that for a period of twenty (20) years from
the date this Deed is recorded in the Official Records of Orange County, California, no portion of
the Property shall be used for a retail home improvement center or for any business which sells,
displays, leases, rents or distributes the following items or materials, singly or in any
' combination: hunter, hardware, tools, plumbing supplies, pool supplies, jecuzzis and hot tubs,
electrical supplies, paint, wallpaper and other walleovernags, windows, window treatments
(mcuding draperies, curtains and blinds), kitchen or bathrooms or components thereof (including
tubs, sinks, faucets, mirrors, cabinets, showers, vanities, countertops and related hardware), hard
and soft flooring (including the [Including ceramic tile], wood flooring, rugs and carpeting),
siding, ceiling fans, gardening and garden nursery supplies, artificial and natural plants, outdoor
cooking equipment and accessories, patio furniture and patio accessories, Christmas trees, indoor
and outdoor lighting systems and light fixtures, cabinets and rm&nished and finished furniture,
kitchen and household appliances, closet organizing systems, pictures or picture firming, interior
design services, or other products generally sold in a retail home improvement center, except for
the incidental sale of such hems. An "incidental We of such items" is one in which there is no
mon: than the lesser of (i) five percent (5%) of the total floor arca of such business, or (ii) 1,000
square feet of sales and/or display area, relating to such items individually or in the aggregate.
By way of example but not limitation, as of the date of recording of this Dead stores operated
under to following trade names each constitute a retail home
I
Attachment 1
improvement center: Home Depot, Lowe's, Menard's, Ace Hdrdware, Sutherlands, H.S. Farrell,
Hader hardware, Lumbermon's Building Centers, Densults and United Building Centers.
In addition to any other rights, Grantor may have, Grantor has the right to seek all legal
and equitable damages and remedies in the event of a breach of the covenant set forth above.
Executed on April ___, 2006, at . California
HOME DEPOT USA, INC., a Delaware
corporation
BY
Name
President
By—
Name
Secrelety
C$RTMCATE OF ACCEPTANCE
(Govt. C. § 27281)
This is to cmiffy fy ilea the interest in real property conveyed by this deed dated as
of April � 2006 from HOME DEPOT USA, INC, a Delaware corporation ("Grantor"), to
the SAN JUAN CAPISTRANO COWUNITY REDEVELOPMENT AGENCY, a California
municipal agency (the "Agency*), is hereby accepted by the undersigned officer or agent on
behalf of the Agency pursuant to authority conferred by resolution of the Agepcy adopted on
2006; and the Agency consents to recordation thcm0fby its duty authorized officer.
Dated: April � 1A06
Joseph Soto, Chairman, Board of Directors romretaedr reit
San Juan Capistrano Community -
Redevelopment Agency, a California municipal
agency
ACKNOWLEDGMENTS
' State of California
ss
County of Orange
On April � 2006, before we, the undersigned Notary Public, personally
appeared and , personally ]mown to me of proved to me on the
basis of satisfactory evidence tp be the persons whose names are subscribed to the within
inshvmen; and acknowledged to me that they executed the same in their authorized
capacities, and that by their sigaamm on the said instrument the persons, or the entity on
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal
Dated: April 2006
Notary Public in and for the State of
California
My commission expires
State of California
as.
County of Orange
' On April _, 2006, before me, the undersigned Notary Public, personally
appeared Joseph Soto, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscatW to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the said instrument the person, or the entity on behalf of which the
person acbgd, executed the instrument.
WITNESS my hand and official seal.
Dated: April 2006
Notary Public in and for the State of
California
My commission expires
15dr•001bpmmmslCmpc8M Deed0406%(cku}don
E7MBIT A TO CORPORATION GRANT DEED
[Property description]
4
EXHIBIT "A"
LEGAL DESCRIPTION:
ALL THAT CERTAIN LAND LYING OVER A PORTION OF THE PRYOR HOMESTEAD
TRACT, IN THE RANCHO BOCA DE LA PLAY IN THE CITY OF JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF
PARTITION OF SAID TRACT IN THE DECREE OF THE SUPERIOR COURT OF THE
STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE IN CASE N0.
1210 AS SAID LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS;
CONTAINING: 85-,955,8 SQUARE FEET OR
2.042 ACRES
Doc:97007_LEG 7126/99
EXHIBIT A
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF DEL OBISPO
STREET AND THE CENTERLINE OF STONEHILL DRIVE AS SHOWN IN TRACT NO.
11074, RECORDED IN BOOK 474, PAGES 35 THROUGH 38 OF MISCELLANEOUS
MAPS IN THE O$#.ICE OF SAID ORANGE COUNTY RECORDER; THENCE -•
S76.42102"E, 1418:14-TEET ALONG SAID CENTERLINE OF STONESILL DRIVE.-
TO A TANGENT, CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 200.0.00::-'"-
FEET; THENCE'Eis5TE12LY ALONG SAID, CURVE THROUGH A CENTRAS, ANGLE 6r-
F'03'48'26"
03 - 48 12 4 "AN ARC DISTANCE QF 132.89 FEET TO A TANGENT LM; THENCE •'
ALONG -SAID LrKE 872'53'138"E,'792.83 FEET"TO THE INT£RSECTION'Tmt'
THE WEST LINE OF THE ATCHISON, TOPM AND SANTA FE RAILROAD COMPANY
RIGHT-OF-WAY, 100.00 FEET WIDE; THENCE ALONG SAID WEST LINE.
N16.47136"E, 48.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING ON THE NORTH LINE OF SAID STONENILL DRIVE] THENCE ALONG SAID
NORTH LINE N72'53 +38"W, 67.84 FEET; THENCE N112 '06122"E, 4.00 FEET;
THENCE CONTINUING ALONG SAID NORTH LINE N7VS3136"W, 237.66 FEET TO
A POINT ON A NON -TANGENT CURVE CONCAVE WEST AND HAVING A RADIUS OP
4170.00 FEET, SAID CURVE ALSO BEING THE EASTERLY LINE OF THE LANDS
OF THE COUNTY OF ORANGE AS DESCRIBED IN PARCEL NO. 125.3 OF THAT
CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 62-69-
53, A CERTIFIED COPY of WHICH WAS RECORDED OCTOBER 5, 1994 AS
INSTRUMENT NO. 94-0996655 OF OFFICIAL RECORDS, A RADIAL LINE
THROUGH SAID POINT SEARS N75.4110711W; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 02.42109^ AN ARC DISTANCE OF
196.69 PEET TO A TANGENT LINET THENCE ALONG SAID LINE NII'36'440E,
92.90 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN LAND DESCRIBED PER
DEED RECORDED MARCH 4, 1905 IN BOOR 111, PAGE 202 OF DEEDS, RECORDS
OF ORANGE COUNTY; THENCE ALONG SAID LINE S85.1514111E, 350.35 FEET
TO THE WEST LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILROAD
RIGHT-OF-WAY; THENCE ALONG SAID LINE 816.471361'W, 246,09 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING: 85-,955,8 SQUARE FEET OR
2.042 ACRES
Doc:97007_LEG 7126/99
EXHIBIT A