Resolution Number 98-8-4-2239
RESOLUTION NO. 98_8_4-2
APPROVING PURCHASE AND SALE AGREEMENT FOR A PORTION
OF THE HELICOPTER HILL PARK SITE/OPEN SPACE AREA (WITT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE PURCHASE AND SALE
AGREEMENT FOR 2,160 SQUARE FEET OF THE HELICOPTER HILL PARK
SITE/OPEN SPACE (LOT B, TRACT 12954) TO DR. THEODORE WITT,
OWNER OF THE ADJACENT LOT 103, TRACT 12954
WHEREAS, the City of San Juan Capistrano is the owner of Lot B, Tract 12954, the
Helicopter Hill Park Site/Open Space; and,
WHEREAS, during construction of the Marbella Golf and Country Club, the
developer installed a retaining wall within Lot B, adjacent to Lot 103 of Tact 12954; and,
WHEREAS, the present owner of Lot 103, Dr. Theodore Witt, desires to complete
and maintain said retaining wall and incorporate the area surrounding the wall into Lot 103; and,
WHEREAS, Dr. Witt has agreed to purchase that portion of Lot B encumbered by
said retaining wall and produce a Lot Line Adjustment to incorporate said area into Lot 103; and,
WHEREAS, both the City and Dr. Witt have reviewed and approved of all terms and
conditions of the Purchase and Sale Agreement for a portion of the Helicopter Hill Park Site/Open
Space.
NOW, THEREFORE, BE IT RESOLVED, by the City Council ofthe City of San
Juan Capistrano as follows:
SECTION 1.
The sale of the portion of the Helicopter Hill Park Site/Open Space, and the
Agreement for Purchase and Sale, on file in the office of the City Clerk, which establishes the terms
and conditions therefor, are hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute the Agreement on behalf of the City.
SECTION 3.
The City Manager is hereby authorized to sign all documents necessary and
appropriate to complete the sales transaction and close the escrow process.
PAR
SECTION 4.
The subject land is not necessary and essential to the remainder of Helicopter Hill as
a City resource as open space land because of its size and location.
PASSED, APPROVED, AND ADOPTED this 4th day of
August ,1998.
SiII'JtSNtS; AYOR
ATTEST:
CIA Z F� r�
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the fc.egoing is a true and correct copy of Resolution No.
98-8-4-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of August 1998, by the
following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, e ITY CLERK
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