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Resolution Number 95-10-17-3RESOLUTIONNO. 95-10-17-3 �1 APPROVING PURCHASE AND SALE AGREEMENT 1R: / 1 , LOCATED AT 1 e l / CAPISTRANO TO SAN JUAN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE PURCHASE and SALE AGREEMENT FOR CERTAIN PROPERTY LOCATED AT 31766 AND 31768 CAMINO CAPISTRANO AND KNOWN FORMERLY AS THE MOONROSE PARKING LOT WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO SAN JUAN PARTNERS WHEREAS, the Community Redevelopment Agency (the "Agency") of the City of San Juan Capistrano (the "City") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area; and, WHEREAS, in order to carry out and implement such Redevelopment Plan, the Agency proposes to execute the Purchase and Sale Agreement (the "Agreement"), on file in the office of the Agency Secretary, with San Juan Partners (the "Buyer") for the sale of the premises (the "Premises") in the San Juan Capistrano Central Redevelopment Project Area, described in the Agreement as a .352 -acre parcel, formerly known as the Moonrose Parking Lot with a property ' address of 31766 and 31768 Camino Capistrano; and, WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety Code, Section 33000 et seq.), the Agency and this City held a joint public hearing on the terms of the Purchase and Sale Agreement for the sale of the Premises, having duly published notice of such public hearing and made copies of the proposed Agreement available for public inspection and comment; and, WHEREAS, the City has duly considered all terms and conditions of the proposed Agreement and believes that the redevelopment of and sale of the Premises thereof is in the best interest of the City of San Juan Capistrano and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements; and, WHEREAS, the proposed Purchase and Sale Agreement were determined by the Planning Director to be Categorically Exempt pursuant to California Environmental Quality Act Guidelines (CEQA), Class 12 on October 4, 1995. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: -t- oss 1. The City has received and heard all oral and written objections to the proposed Agreement and to the proposed sale of the Premises and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 2. The City hereby finds and determines that the consideration to be paid by the Buyer for the sale of the Premises is in accordance with the covenants and conditions governing such sale. The City hereby further finds and determines that all consideration to be paid under the Agreement is not less than the Fair Reuse Value of the site in accordance with the purposes of the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project. 3. The Categorical Exemption issued on October 4, 1995, adequately considered all environmental impacts potentially caused by the proposed sale of Premises and there are no substantial changes relating to the proposed sale which would alter the determination that the project is exempt under CEQA Guidelines, Class 12, Section 115312. 4. The sale of the Premises and the proposed Agreement, which establish the terms and conditions therefore, are hereby approved. PASSED, APPROVED, AND ADOPTED this October , 1995. ATTEST: CITY CLERK CAROLYN ASH, MAYOR -2- 17th day of 086 ' 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 foregoing is a true and correct copy of Resolution No. 95-10-17-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of October 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO N, CITY CLERK -3-