Resolution Number SMD#1 02-11-05-01RESOLUTION NO. SJCMD#1 02-11-05-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN JUAN
CAPISTRANO MUNICIPAL SEWER DISTRICT NO. 1 AUTHORIZING THE
EXECUTION AND DELIVERY OF A QUITCLAIM DEED IN CONNECTION
WITH THE ISSUANCE OF LEASE REVENUE BONDS BY THE SAN JUAN
BASIN AUTHORITY (APN 668-101-03 CITY HALL SITE)
WHEREAS, the San Juan Capistrano Municipal Sewer District No. 1 (the "District')
is a municipal sewer district duly organized and existing under and pursuant to the
Constitution and laws of the State of California;
WHEREAS, the District is the successor -in -interest to the San Juan Capistrano
Sanitary District with respect to certain real property more particularly described on Exhibit
A attached hereto (the 'Property");
WHEREAS, the District desires to assist the San Juan Basin Authority (the
"Authority") with the Authority's financing of the cost of certain capital improvements and
facilities for the water distribution system on the Property which benefits constituents in the
District (collectively, the 'Project');
WHEREAS, the Authority has agreed to issue Lease Revenue Bonds to finance the
' Project (the 'Bonds");
WHEREAS, in order to enable the Authority to issue the Bonds, title to the Property
must be held by the City; and
WHEREAS, the District has determined it is in the best interests of the District and
its constituents to quitclaim title to the Property to the City to facilitate the sale and
issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the District
hereby finds, determines, declares and resolves as follows:
SECTION ONE: The quitclaim deed in substantially the form attached hereto as
Exhibit B and made a part hereof (the "Quitclaim Deed"), be, and the same hereby is,
approved. The Chairperson or Vice -Chairperson and the Secretary are hereby authorized,
directed and empowered to execute, acknowledge, deliver and record the Quitclaim Deed
with such changes, insertions and omissions as may be approved by the officers executing
the same, said execution being conclusive evidence of such approval.
SECTION TWO: The Chairperson, Vice -Chairperson or any other proper officer of
the District, acting singly, be and each of them hereby is, authorized, directed and
' empowered to execute, acknowledge (as applicable), deliver and record any and all
documents and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this resolution. All
11-5-02
prior actions taken by any proper officer of the District necessary or proper for the purpose
of carrying out the transactions contemplated by this resolution are hereby ratified, affirmed
and approved.
SECTION THREE: This resolution shall take effect immediately.
PASSED, APPROVED, AND ADOPTED this 5`h day of November 2002.
DIANE BATHGATE, WAIRMAN
ATTEST:
MVV v
MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. SJCMD#1 02-11-05-01 was duly adopted by the Board of Directors of
the San Juan Capistrano Sewer Maintenance District #1 at a special meeting thereof, held the 5th day of
November 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Gelff and Chairman Bathgate
NOES: COUNCIL MEMBERS: Swerdlin
ABSENT: COUNCIL ME 67 None
M RET R. MONAHAN, City Clerk
11-5-02
EXHIBIT A
LEGAL DESCRIPTION
(PLANT SITE AND DANCE HALL WELL SITE)
THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1: (ASSESSOR'S PARCEL NO. 668-101-03)
THAT PORTION OF LOT 60 OF TRACT NO. 103, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTHEAST CORNER OF LOT 59 OF SAID TRACT NO. 103;
THENCE NORTH 87' 55' 30" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 59 AND
THE WESTERLY PROLONGATION THEREOF, 392.00 FEET; THENCE SOUTH 2' 04' 30"
WEST 555.53 FEET; THENCE SOUTH 87' 55'30" EAST 380.00 FEET TO AN INTERSECTION
WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY RIGHT OF WAY, AS SHOWN ON SAID MAP; THENCE NORTHERLY
ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE LAND
' DESCRIBED IN THE DEED TO OYHARZABAL AND OTHERS, RECORDED JUNE 16, 1970
IN BOOK 9318, PAGE 861 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
Exhibit A-1
DOCS00927296A1 22658.0017