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Resolution Number CRA 90-3-6-1MIM RESOLUTION NO. CRA 90-3-6-1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE EXECUTION OF AN AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY BY AND BETWEEN THOMAS TRULIS AND JASMINE TRULIS AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (LOS BIOS/ROSAN RANCH) WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (the "Agency"), under the provision of the California Community Redevelopment Law, is engaged in activities necessary for the execution of the exchange of real property; and, WHEREAS, the Agency desires to enter into an Agreement for the Exchange of Real Property (the "Agreement") with Thomas Trulis, an unmarried man, and Jasmine Trulis, an unmarried woman, as tenants in common, (collectively referred to as "Trulis"), which Agreement provides for the Agency to purchase and Trulis to sell the Trulis Property and Trulis to purchase and Agency to sell the Agency Property (as such terms are defined in the Agreement); and, WHEREAS, the Agency and the City Council of the City of San Juan Capistrano (the "City Council") have conducted a duly noticed joint public hearing on the proposed exchange of real property in accordance with California Health and Safety Code Sections 33431 and 33433; and, WHEREAS, the Agency has duly considered all terms and conditions of the Agreement and believes that the Agreement is in the best interests of the Agency and the health, safety and welfare of the residents of the City of San Juan Capistrano, and in accordance with the public purposes and provisions of applicable State and local law requirements; and, WHEREAS, the report pertaining to the Agreement required by Section 33433 of the California Health and Safety Code has been on display prior to the joint public hearing as required by law; and, WHEREAS, the Agency has received and considered the report of Agency staff on the exchange of real property to be carried out pursuant to said Agreement, and as a result of said consideration and evidence presented at the hearing on the same matter, the Agency has determined that, pursuant to Section 15061(b)(3) of the State of California Environmental Quality Act ("CEQA") Guidelines, the execution of the Agreement of and by itself will not cause a significant effect on the environment because environmental circumstances and conditions of the Agency Property and the Trulis Property will not be changed. NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community Redevelopment Agency, City of San Juan Capistrano, California, as follows: Section 1. The Agency hereby finds and determines that approval and execution of the Agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. t Section 2. The Agency finds and determines based upon the testimony and information presented during the public hearing with respect to the Agreement that if and to the extent that the consideration to be received by the Agency for the transfer of the Agency Property to Trulis is less than the fair market value thereof, that such lesser consideration is necessary to secure the commitment of Trulis to execute the Agreement, which Agreement will significantly benefit the Agency and the community. Section 3. The Agency hereby approves the Agreement and authorizes and directs the Chairman and the Executive Director to execute the Agreement and all documents referenced in the Agreement necessary to effectuate the provisions of the Agreement. PASSED, APPROVED, AND ADOPTED this 6th day of March , 1990. KENNETH E. FRIE S, CHAIRMAN ATTEST: STEPHEN B. JU P11, CITY MATIAGER GENCY RETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, 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 90-3-6-1 adopted by the Board of Directors of the San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof held on the 6th day of March , 1990, by the following vote: AYES: Directors Schwartze, Bland, Buchheim and Chairman Friess NOES: None ABSENT: Director Hausdorfer (SEAL) MARY AN H NOVE GENCY SECRETARY -2- 3 2't3 , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is 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 City Resolution No. CRA 83-12-20-1 and on the 15th day of March , 1990, she caused to be posted: RESOLUTION NO. CRA 90-3-6-1 , being: APPROVING AGREEMENT FOR EXCHANGE OF REAL PROPERTY - LOS RIOS ROSAN RANCH THOMAS TRULIS SOLAG DISPOSAL A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE EXECUTION OF AN AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY BY AND BETWEEN THOMAS TRULIS AND JASMINE TRULIS AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (LOS RIOS/ROSAN RANCH) 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. 7� A YANN OVER, Secretary .;an Juan Capistrano Community Redevelopment Agency -3-