Resolution Number 95-8-1-6560
RESOLUTION NO. 95-8-1-6
APPROVING PURCHASEu 1A-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE PURCHASE AGREEMENT
AND ESCROW INSTRUCTIONS FOR CERTAIN PROPERTY WITHIN THE
SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO
MAGIC HOLDING COMPANY, INC.
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 Agreement and Escrow Instructions (the "Agreement"),
a copy of which is on file on the Office of the City Clerk, with Magic Holding Company, Inc. (the
"Buyer") for the sale of the premises (the "Premises") in the San Juan Capistrano Central
Redevelopment Project Area, described in the Agreement as an approximately 12,000 -square -foot
building on approximately 1.4 acres, commonly known as the Capistrano Depot, with a mailing
' address of 26701 Verdugo Street; 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 Agreement and Escrow Instructions 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, on July 17, 1995, the proposed Purchase Agreement and Escrow
Instructions were determined by the Planning Director to be Categorically Exempt pursuant to
California Environmental Quality Act Guidelines (CEQA), Class 12.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
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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 highest and best use in accordance with the purposes of the
Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project.
3. The Categorical Exemption issued on July 17, 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 proposed Agreement, which establish the terms
and conditions therefore, are hereby approved.
PASSED, APPROVED, AND ADOPTED this 1st day of
August 11995.
CAROLYN &ASK MAYOR
ATTEST:
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I 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.
95-8-1-6 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1 gt day of Aueust 1995, by the
following vote:
AYES: Council Members Hart, Campbell, Swerdlin and Mayor Nash
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
(SEAL)
CHERYL JOHNSON, CITY CLERK U
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