Resolution Number CRA 95-8-1-1RESOLUTION NO, CRA 95-8-1-1
1 "T_ d 1 Wisc •
W. in: 5=13RZ110 COMS-0 12
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, 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 of the City of San Juan
Capistrano (the "Agency"), 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 in the office of the Agency Secretary, 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 the 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 Agency 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 Cit 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 San Juan Capistrano Community
Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows:
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190
1. The Agency 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 Agency 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 Agency 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 the proposed Agreement, which establish the
terms and conditions therefore, are hereby approved.
5. The Executive Director of the Agency is hereby authorized to execute the
Agreement on behalf of the Agency. A copy of the Agreement, when executed by the Agency, shall
be placed on file in the office of the Agency Secretary.
6. The Executive Director of the Agency (or his designee) is hereby authorized
on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement
the Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed
under the Agreement and related documents.
PASSED, APPROVED, AND ADOPTED this
August .1995.
ATTEST:
1st
DAVID SWERDLIN CHAIRMAN
i & Im) 4JC�Y
AGENCY SECRETARY
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day of
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, Agency Secretary of the San Juan Capistrano Community
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. CRA 95-8-1-1 adopted by the San Juan Capistrano Community
Redevelopment Agency Board of Directors at a regular meeting thereof held on the 1st day
of August , 1995, by the following vote:
AYES: Directors Hart, Nash, Campbell and Chairman Swerdlin
NOES: None
ABSTAIN: Director Jones
ABSENT: None
(SEAL)
MUMMA• • 17
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192
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified Secretary of the San Juan Capistrano
Community Redevelopment Agency;
That in compliance with State laws of the State of California and in further compliance
with CRA Resolution No. CRA 83-12-20-1 and on the 4th day of August
1995, I caused to be posted:
RESOLUTION NO. CRA 95-8-1-1 , being
Furillt 1 1 CW� 1\
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, APPROVING THE PURCHASE AGREEMENT
AND ESCROW INSTRUCTIONS FOR CERTAIN PROPERTY WITHIN THE
SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO
MAGIC HOLDING COMPANY, INC.
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall, Old Fire Station
Recreation Complex; Orange County Public Library.
Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks
Cheryl Johnson, Agency Secretary
San Juan Capistrano Community
Redevelopment Agency
San Juan Capistrano, California
CHECK LIST
RES. NO.
CRAgs
V
Chairman has signed
Secretary has signed
Agency Seal stamped
All blanks typed in
"Absent"
"Noes"
"Abstain"
Copies
sent to post
Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks
Cheryl Johnson, Agency Secretary
San Juan Capistrano Community
Redevelopment Agency
San Juan Capistrano, California