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Resolution Number CRA 97-4-15-1269 RESOLUTION NO. CRA 97-4-15-1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, MAKING HEALTH AND SAFETY CODE SECTION 33433 FINDINGS REGARDING THE DISPOSITION OF CERTAIN AGENCY -OWNED LANDS (ELEMENTARY SCHOOL SITE 664640007 ADJACENT TO SPORTS PARK AND, SERRA HIGH SCHOOL) WHEREAS, the San Juan Capistrano Community Redevelopment Agency ("Agency") and the City of San Juan Capistrano ("City") have proposed entering into a "Second Amended and Restated Agreement for Cooperation" providing for the disposition of two certain parcels of land owned by Agency and City; and, WHEREAS, the two parcels of land are more particularly identified as: (a) a 7 -acre parcel more commonly referred to as Elementary School 664640007 Parcel ("the 664640007'), located adjacent to the San Juan Capistrano Sports Park; and, (b) a 4.69 -acre parcel more commonly referred to as the Serra High School site at 31422 Camino Capistrano; and, WHEREAS, the Agency Executive Director has prepared a report pursuant to Health and Safety Code Section 33433, dated March 27, 1997, outlining the elements of the disposition transaction; and, WHEREAS, the City and Agency have entered into a cooperation agreement providing that City will quitclaim its 4/5 undivided interest in the 7 -acre parcel to Agency. NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows: SECTION 1. Fin in . The Agency hereby finds that the 7 -acre parcel shall be sold at fair market value pursuant to a certified appraisal pursuant to the terms of the Second Amended and Restated Agreement for Cooperation. Agency has obtained its own appraisal establishing a value of $2.5 million. However, under the terms of the Second Amended and Restated Agreement for Cooperation, the final purchase price shall be established by the State of California Office of Public School Construction (the "State") final approval of a certified appraisal report for this property. Accordingly, the parties have established a purchase price of $2.4 million subject to final approval by the State. The $2.4 million can, however, vary by a deviation of 10%, which said deviation shall be determined by the final approval appraisal report approved by the State. Therefore, the Agency concludes that this disposition of property is not for less than fair market value for the property. -1- 270 With regard to the 4.69 -acre parcel, the Executive Director's report makes clear that the transfer of title by the Agency to the District is for the purpose of causing the release of a number of obligations imposed upon the Agency by the first amended agreement between District and Agency. Therefore, it is the Agency's finding that this disposition is necessary to effectuate the purposes of the Agency's redevelopment plan in that release of the subject obligations as identified at pp. 1-3 of the Seconded Amended Agreement will enable the Agency to concentrate its resources on other projects identified in its redevelopment plan. SECTION 2. Incorporation by Reference. The Executive Director's March 27, 2997 report is incorporated herein by reference and made a part hereof and is to be filed with the City Clerk's office. PASSED, APPROVED, AND ADOPTED this 15th day of April 11997. ATTEST: AW FIX Cal LNWJ UN' WYATT ART, CH -2- 271 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 97-4-15-1 adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 15th day of April 1997, by the following vote: AYES: Directors Jones, Greiner, Swerdlin, Campbell and Chairman Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) i CFIERYL JONNSON, AGENCY SECRETARY -3- 272 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 17th day of April 1997, I caused to be posted: RESOLUTION NO. CRA 97-4-15-1 , being DISPOSITION OF TWO AGENCY -OWNED SCHOOL SITES A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, MAKING HEALTH AND SAFETY CODE SECTION 33433 FINDINGS REGARDING THE DISPOSITION OF CERTAIN AGENCY -OWNED LANDS (ELEMENTARY SCHOOL SITE 664640007 ADJACENT TO SPORTS PARK AND, SERRA HIGH SCHOOL) 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. CHECK LIST RES. NO. CRA 9�2-�-/ -/ Chairman has signed / Secretary has signed Agency Seal stamped - i All blanks typed in 7` "Absent" GG— "Noes" "Abstain" Copies sent to post 3_ file /_0 .40 mail L— certified oc Legal Publication ordered to be published (date) No. Printed copies required Co Remarks NO Cheryl Jo"on,gency Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California