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13-0109_COMMUNITY REDEVELOPMENT AGENCY_Quitclaim Deed_2013000017767RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager COPY Recorded In Official Records, Orange County Renege Ramirez, Assistant nt CIerk-Recorder I�Q�IiIVIIIIINI�IIFIIII IVlllllllltlllVllll NO FEE a S R 0 0 0 5 4 9 7 9 9 6 S 2013000017767 2:57 prn 01109113 143 409 Q01 6 0.00 0.00 0.00 20.00 15.00 0.00 0.00 0.00 [Space Above fmRecorder's Use] [Exempt from Recordation Pee per Gov. Code $ 273831 [Exempt from Documenuny Transfer Tax per Rev. & Tax. Codc § 119221 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, duly established and existing pursuant to Health and Sal''ety Code section 34173 ("Grantor"), does hereby remise, release and forever quitclaim to: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("Grantee') all of Grantor's right, title, and interest in that certain real property and all improvements thereon located in the City of San Juan Capistrano, Count- of Orange, State of California, as more particularly described in Attachment "A" attached hereto and incorporated herein by this reference (the "Properly"). Grantee acknowledges and agrees that the Property is granted by the Grantor to the Grantee in its "AS IS," "WHERE IS" and "SUBJECT TO ALL FAULTS CONDITION," as of the date of recordation of this Quitclaim Deed, with no warranties, expressed or implied, as to the environmental or other physical condition of the Property, the presence or absence of any patent or latent environmental or other physical condition on or in the Property, or other matters affecting the Property. "Grantor" SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporates tpolitic By: arry Kramc. Its: Chairman 696d9394291 )12 472eas.1.12,M2 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California } County of Orange ) ss. City of Stn Juan Capistrano ) (Gov't Code 40814 & Civil Code It 81) On January 3, 2013, before me, Maria Morris, Agency Secretary, personally appeared Larry Kramer, Chairman , who proved to me on the basisofsatisfactory evidence to the be person(s) whose; name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Chairman Title WITNESS my hand and official seal. o�,D 'a orris, e' cy ecr OPTIONAL Signer is Representing Successor.Agency to the San Juan Capistrano Community Redevelopment Agency -2- Description of Attached Document Title or Type of Document Quitclaim Deed Number ol'Pages: & ATTACHMENT "A" TO QUITCLAIM DEED LEG#L DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY AND IMPROVEMENTS THEREON IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS: Legal Description: Pared D That portion of Pared 1, Paned Map No. W453 in the city of San Juan Capistrano, county of Orange, state of California, as per map recorded in book 1 S4, pages 33 and 34 of Parcel Maps in the office of the County Recorder desedbed as follows: Beginning at the most southerly corner of said Pared Map; thence N I Odeg.40'50" W along the westerly Tine of said Parcel Map 543.22'; thence leaving said westerly fine N 71 des. 19'1 W, E 149.17%thence S18deg.40'50"E 37.89%thence N 71deg.19' 10" E 46.49; thence N 18degA0'SW W 37.88'; thence N71 deg.l9' 10"E 145.79' to the most easterly line of said Parcel Map; thence S 21deg.43'4 I" E along said easterly be 223.37' to the most northexiy corner of Parcel 2 of said Parcel Map; thence leaving said easterly Tine S 71deg.13' 19" W along the northerly tine of said Parcel 2 169.98' to the most westerly corner of said Parcel 2; thence S 21 deg.43'41" E along the westerly line of said Parcel 2 319.98' to the most southerly comer of said Parcel 2; thence S 71 deg. 13' 19" W along the most southerly line of said Parcel Map 200.32' to the point of beginning. See Exhibit D. 64dNMn-0012 OMNI a1 W12 '3• PREfk4e0 Br' 6a4sA/ 7R140i4E "M0 V,WYlle, IP' Ivollw/m/a less.PQ 050,,f. 4 MCIA* 9.11010 �Gr97 a wAt E jd4z::�:p 3 24.97 ftrw W-ftC LS 1420.5 EXHIBIT D 698102802MI2 4723068.1 al2/06/12 "4' �r. I 1� JAV" of s`• /wen, i .vyiY9:aE .v' AW g� ACJACNEMA 5T tam• PA�CEG O �►. } 3.148Ac, O, ,y =J PREfk4e0 Br' 6a4sA/ 7R140i4E "M0 V,WYlle, IP' Ivollw/m/a less.PQ 050,,f. 4 MCIA* 9.11010 �Gr97 a wAt E jd4z::�:p 3 24.97 ftrw W-ftC LS 1420.5 EXHIBIT D 698102802MI2 4723068.1 al2/06/12 "4' JAV" of i g� ACJACNEMA 5T PREfk4e0 Br' 6a4sA/ 7R140i4E "M0 V,WYlle, IP' Ivollw/m/a less.PQ 050,,f. 4 MCIA* 9.11010 �Gr97 a wAt E jd4z::�:p 3 24.97 ftrw W-ftC LS 1420.5 EXHIBIT D 698102802MI2 4723068.1 al2/06/12 "4' (GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY that the interest in real property and other interests conveyed by the instrument dated � \ 1 , 24 t2-, from the Successor Agency to the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 34173 ("Grantor") to the City of San Juan Capistrano, a California municipal corporation ("Grantee"), is hereby accepted by the Grantee's Mayor pursuant to the authority to accept interests in real property on behalf of the Grantee conferred by Resolution No. tZt2't1 [adopted D�_, C- k k 2r ? . The Grantee further consents to its recordation. Dated: State of California County of Orange CITY OF SAN JUAN CAPISTRANO, a On , before me, , Notary Public, (here iiisen namc'and title ofiltie officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the- laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 699,028423-0012 4725068.) 212,06112 -$- (seal) PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California } County of Orange ) ss. City or sat, Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 20, 2012, before me, Maria Morris, City Clerk, personally appeared John Taylor, Mayor , who proved tome on the basis of satisfactory evidence to the be person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Mayor Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal, orris, City Cl k OPTIONAL Ka Description of Attached Document Tille or Type or Document Quitclaim .Deed Number of Pubes: 6 U11 -O . SD RESOLUTION NO. 12-12-11-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE CONVEYANCE AND QUITCLAIM OF ASSESSOR'S PARCEL NUMBER (APN) 124-190-24 WHEREAS, the former Redevelopment Agency acquired APN 124-190-24 (Property) from the Capistrano Unified School District pursuant to the Amended and Restated Agreement for Cooperation between the City of San Juan Capistrano (City), former Redevelopment Agency and the Capistrano Unified School District, dated January 7, 1986, to be conveyed to the City; and, WHEREAS, at the time of dissolution of the former Redevelopment Agency, title to the Property was still vested with the former Redevelopment Agency and transferred by operation of law to the Successor Agency to the San Juan Capistrano Community Redevelopment Agency (Successor Agency); and, WHEREAS, the Oversight Board of the Successor Agency to the San Juan Capistrano Community Redevelopment Agency has approved the designation of APN 124- 190-24 as governmental use property and directed City staff acting on behalf of the Successor Agency to take the necessary actions to transfer the property; and, `r WHEREAS; the City has and continues to use the property for recreational and education purposes; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby accept the conveyance and quitclaim of the property rights, title or interest from the Successor Agency of the foregoing parcel of land (see Exhibit "A"). PASSED, APPROVED, AND ADOPTED this 11'h day of December 2012. ATTEST: Oct) MARIA MORRIS, Cli CL RK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 12-12-11-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 11'h day of December 2012, by the following vote: AYES: COUNCIL MEMBERS: Byrnes, NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None MARIA MO,RRIS;,,City Clerk Kramer, Reeve, Allevato and Mayor Taylor u RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager [Space Above for Recorder's Use] [Exempt from Recordation Fee per Gov. Code § 273831 (Exempt from Documentary Transfer Tax per Rev. & Tax. Code § 119221 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SUCCESSOR AGENCY -TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 34173 ("Grantor'), does hereby remise, release and forever quitclaim to: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("Grantee") all of Grantor's right, title, and interest in that certain real property and all improvements thereon located in the City of San Juan Capistrano, County of Orange, State of California, as more particularly described in &ttachment "g attached hereto and incorporated herein by this reference (the "Property'). Grantee acknowledges and agrees that the Property is granted by the Grantor to the Grantee in its "AS IS," "WHERE IS" and "SUBJECT TO ALL 'FAULTS CONDITION," as of the date of recordation of this Quitclaim Deed, with no warranties, expressed or implied,'as to the environmental or other physical condition of the Property, the presence or absence of any patent or latent environmental or other physical condition on or in the Property, or other matters affecting the Property. asw:sut 12 47MMA 81%W12 "Grantor" SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic By: Its: Larry Kramer Chairman EXHIBIT "A" State of California ) County of Orange ) On , before me, , Notary Public, (hero insect name and thio of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 691!021128-0012 172!061.1 AZW12 -2- (seal) n n t Lj ATTACHMENT KA" TO QUITCLAIM DEED LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY AND IMPROVEMENTS THEREON IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO$ DESCRIBED AS FOLLOWS: Legal Descrilydoa: Parcel. D That portion of Pk red 1, Pared Map No. W453 in the city of Sao Juan Capistrano, county of Orange, state of Calitomia; as per map noorded' in book 154, pages 33 and 34 of Parcel Maps in the once of rho County Recorder described as follows: Regi ft at *e most southerly Cosner of said Parcel Map; thence N I8deg.40'5V W along the westerly Piste of said Parcel Map 543:22'; Race Ieaving said westerly line N 11dcg.19' 10" E 149.17 ;thence, Slgdeg.40'SO"E 37.88';thence N 71deg.19'IV E 46.46'; thence N 18deg.40'SO" W 37.88'; thence N71deg.19'1 QPIE 145.79' to the most easterly C1rte'of said Parcel Map; thence S 21dcg.43'41" E, along said easterly lime 2233T to the most northerly corner ofPar+cel 2 ofsaidParcel Map; thence leaving said easterly lane S.71deg.13'1 W" W along the northerly line of said Parcel 2169.98' to the most westerly coiner of said Panne! 2; thence S 21 ft.43*41" E along the wesmdy litre of said Pared 2 319.98' to the most southerly comer of said Parcel 2; thence S 71 deg. l3' 19" W along the most southerly line of said Parcel Map 20032' to the point of beginning. See Exhibit D 6"/02612641012 4725068.1 slZW13 -3- I PA"r 40- ga. 44r.4cVRW OX Aw*'Ce,l oyt amow P's o/sed 44V /4:v. AY WOW EXHIBII===Q. n 6"A)"428-0012 412SM.3 S12W12 :X3 7AI Z#t 'oe Ar PA"r 40- ga. 44r.4cVRW OX Aw*'Ce,l oyt amow P's o/sed 44V /4:v. AY WOW EXHIBII===Q. n 6"A)"428-0012 412SM.3 S12W12 :X3 PA"r 40- ga. 44r.4cVRW OX Aw*'Ce,l oyt amow P's o/sed 44V /4:v. AY WOW EXHIBII===Q. n 6"A)"428-0012 412SM.3 S12W12 L (GOVERNMENT CODE SECTION 272811 THIS IS TO CERTIFY that the interest in real property and other interests conveyed -by the instrument dated 220_, from the Successor Agency to the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 34173 ("Grantor") to the City of San Juan Capistrano, a California municipal corporation ("Grantee"), is hereby accepted by the Grantee's Mayor pursuant to the authority to accept interests in real property on behalf of the Grantee conferred by Resolution No. adopted The Grantee further consents to its recordation. Dated: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: John Taylor Its: Mayor State of California County of Orange On , before me, , Notary Public, (lacca insert name and title of the ofaa) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capaeity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,nsasU 811W12 (seal) SIT 12/11/2012 D8 City of San Juan Capistrano Age ort TO: Karen P. Brust, City Ma�f /r,^ FROM: Cindy Russell, Chief'Fina ial Officer/City Treasurer DATE: December 11, 2012 SUBJECT: Consideration of a Resolution Accepting the Quitclaim Assessor's Parcel Number (APN) 124-190-24 to the City of San Juan Capistrano (Property Adjacent to the San Juan Capistrano Library) RECOMMENDATION: By motion, adopt the Resolution accepting the Quitclaim of Assessor's Parcel Number (APN) 124-190-24 from the Successor Agency to the San Juan Capistrano Community Redevelopment Agency. EXECUTIVE SUMMARY: Assessor's Parcel Number (APN) 124-190-24, located adjacent to the San Juan Capistrano Library which currently is being used for the Headstart Program and public sports facilities (See Attachment 2), has been designated as governmental use property by the Successor Agency and approved for transfer to the City of San Juan Capistrano (City) by the Oversight Board of the Successor Agency to the San Juan Capistrano Community Redevelopment Agency (Oversight Board) and the Department of Finance. A Resolution (Attachment 1) has been prepared for the City Council's consideration for the acceptance of the Property by the City. DISCUSSION/ANALYSIS: Health and Safety Code Section 34181(a) provides that the Oversight Board may direct the Successor Agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, and fire stations, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. On May 15, 2012, the Successor Agency adopted Resolution 12-05-15-01 (Attachment 3) designating certain real property owned by the former redevelopment agency as governmental use property, and recommended the Oversight Board approve the designation. The Oversight Board adopted Resolution 12-05-16-01 (Attachment 4) approving the transfer of the designated governmental use property and directed the Successor Agency staff to take any necessary actions to correctly vest title with the City and forwarded its action to the Department of Finance for their review. No review was City Council Agenda Report December 11, 2012 Page 2 of 2 requested or objection made to this Oversight Board action. With the passage of Assembly Bill 1484 (AB1484) on June 27, 2012, the Oversight Board adopted Resolution 12-09-19-01 (Attachment 5) confirming the designation of the governmental use properties and again forwarded its action to the Department of Finance as required. On November 30, 2012, the Successor Agency received notification (Attachment 6) of the approval of certain governmental use properties for transfer to the City. APN 124-190-24 has been approved by the Department of Finance for transfer to the City. FISCAL IMPACT: There is no financial impact to the City from conveyance of this property since it has been on the City's records as a City property. In May 2012, the City staff acting on behalf of the Successor Agency identified that pursuant to the 1986 Amended and Restated Agreement for Cooperation between the City, the former Redevelopment Agency and the Capistrano Unified School District, this property was to be conveyed to the City and had been recorded as such in the City's financial records. However, title to the property had remained vested with the former Redevelopment Agency and not the City. Therefore, the property was included on the Successor Agency List of Property for disclosure and proper resolution by the Successor Agency. ENVIRONMENTAL IMPACT: Not applicable. PRIOR SUCCESSOR AGENCY REVIEW: On January 7, 2010, the Successor Agency adopted Resolution 12-05-15-01 (Attachment 3) designating certain real property owned by the former redevelopment agency as governmental use property, and recommended the Oversight Board approve the designation. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Not applicable. ATTACHMENTS: Attachment 1 - Resolution Attachment 2 - Map Attachment 3 - SACRA Resolution 12-05-15-01 Attachment 4- Oversight Board Resolution 12-05-16-01 Attachment 5 - Oversight Board Resolution 12-09-19-01 Attachment 6 - DOF Letter dated November 30, 2012 RESOLUTION NO. 12-12-11-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE CONVEYANCE AND QUITCLAIM OF ASSESSOR'S PARCEL NUMBER (APN) 124-190-24 WHEREAS, the former Redevelopment Agency acquired APN 124-190-24 (Property) from the Capistrano Unified School District pursuant to the Amended and Restated Agreement for Cooperation between the City of San Juan Capistrano (City), former Redevelopment Agency and the Capistrano Unified School District, dated January 7, 1986, to be conveyed to the City; and, WHEREAS, at the time of dissolution of the former Redevelopment Agency, title to the Property was still vested with the former Redevelopment Agency and transferred by operation of law to the Successor Agency to the San Juan Capistrano Community Redevelopment Agency (Successor Agency); and, WHEREAS, the Oversight Board of the Successor Agency to the San Juan Capistrano Community Redevelopment Agency has approved the designation of APN 124- 190-24 as governmental use property and directed City staff acting on behalf of the Successor Agency to take the necessary actions to transfer the property; and, WHEREAS; the City has and continues to use the property for recreational and education purposes; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby accept the conveyance and quitclaim of the property rights, title or interest from the Successor Agency of the foregoing parcel of land (see Exhibit "A"). PASSED, APPROVED, AND ADOPTED this 11th day of December 2012. JOHN TAYLOR, MAYOR ATTEST: MARIA MORRIS, CITY CLERK ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager [Space Above for Recorder's Use] [Exempt from Recordation Fee per Gov. Code § 27383] [Exempt from Documentary Transfer Tax per Rev. & Tax. Code § 11922] QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 34173 ("Grantor"), does hereby remise, release and forever quitclaim to: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("Grantee") all of Grantor's right, title, and interest in that certain real property and all improvements thereon located in the City of San Juan Capistrano, County of Orange, State of California, as more particularly described in Attachment "A" attached hereto and incorporated herein by this reference (the "Property"). Grantee acknowledges and agrees that the Property is granted by the Grantor to the Grantee in its "AS IS," "WHERE IS" and "SUBJECT TO ALL FAULTS CONDITION," as of the date of recordation of this Quitclaim Deed, with no warranties, expressed or implied, as to the environmental or other physical condition of the Property, the presence or absence of any patent or latent environmental or other physical condition on or in the Property, or other matters affecting the Property. "Grantor" SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic By: Larry Kramer Its: Chairman 698f028428-0012 4725068.1 a12M/12 -1' EXHIBIT "A" State of California County of Orange On , before me, . Notary Public, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 698028428.0012 4725068.1 a12/ W12 -2- ATTACHMENT "A" TO QUITCLAIM DEED LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY AND IWROVEMENTS THEREON IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS: Legal Description: Parcel D That portion of Parcel 1, Parcel Map No. 80-853 in the city of San Juan Capistrano, county of Orange, state of California, as per map recorded in book 154, pages 33 and 34 of Parcel Maps in the office of the County Recorder dcscdbed as follows: Beginning at the most southerly corner of said Parcel Map; thence N 18dcg.40'50" W along the westerly line of said Parcel Map 543.22'; thence leaving said westerly line N 71 deg. 19' 10" E 149.17' -,thence S18deg.40'50"E 37.88';thence N 71deg.19' 10" E 46.46'; thence N 18deg.40'50" W 37.88; thence N71 deg. 19' 10"E 145.79' to the most easterly fine of said Parcel Map; thence S 21 deg.43'41" E along said easterly line 223.37' to the most northerly corner of Parcel 2 of said Parcel Map; thence leaving said easterly line S 71 deg 13' 19" W along the northerly line of said Parcel 2 169.98' to the most westerly corner of said Parcel 2; thence S 21deg.43'41" E along the westerly line of said Parcel 2 319.98' to the most southerly corner of said Parcel 2; thence S 71deg. 13'19" W along the most southerly line of said Parcel Map 200.32' to the point of beginning. See Exhibit D. 698ro28428-WI2 4725068.1 012/06/12 -3- 6981028428-0012 4/15068.1 *12106/12 -4- SOo.� 0MooE 71 /o/9a D 3E9c� S! .42"* v, 74' .rh9'%9roR �• tam 4' w q+a PA�PCEG D " 3.ljfBAcuo `w' i699B' y 'W A �. Pa292' i ¢� AC.74CHEM.4 ST. J BRUCE G. FIALL `p P.PE'�.�E'EO 6Y' W;I&5��!SZ"Y1N;,1A .0ceo B1/ pb �, ! rHa 169574, [r9uF Ozvoo C&f) 6�v- eiat Jy 4743 �� � •26.97 EXHIBIT D 6981028428-0012 4/15068.1 *12106/12 -4- CERTIFICATE OF ACCEPTANCE OF INTEREST IN REAL PROPERTY BY THE CITY OF SAN JUAN CAPISTRANO (GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY that the interest in real property and other interests conveyed by the instrument dated 20 , from the Successor Agency to the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 34173 ("Grantor") to the City of San Juan Capistrano, a California municipal corporation ("Grantee"), is hereby accepted by the Grantee's Mayor pursuant to the authority to accept interests in real property on behalf of the Grantee conferred by Resolution No. adopted The Grantee further consents to its recordation. Dated: State of California County of Orange CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: John Taylor Its: Mayor On before me, , Notary Public, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 698/02842"12 4725068.1 aIV06/12 _5_ � lrx 7R r% 6' `r S ♦a a Sf 0 75 150 300 Feel ATTACHMENT I RESOLUTION NO. SACRA 12-05-15-01 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, ACTING AS SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, RECOMMENDING APPROVAL OF THE TRANSFER OF HOUSING PROPERTIES AND ASSETS TO THE HOUSING AUTHORITY; AND THE DESIGNATION OF CERTAIN PROPERTIES AS GOVERNMENTAL USE PROPERTIES BY THE OVERSIGHT BOARD WHEREAS, the City of San Juan Capistrano, Acting as Successor Agency to the San Juan Capistrano Community Redevelopment Agency ("Successor Agency") has met and has duly considered a list of various properties formerly held by the San Juan Capistrano Community Redevelopment Agency ("Agency"), including housing properties designated by the Successor Agency to be within the jurisdiction of the San Juan Capistrano Housing Authority ("Authority'; and WHEREAS, the Successor Agency has reviewed the list of real property previously owned by the Agency, including without limitation housing properties and properties in governmental use, which is set forth as Exhibit "A" hereto ("Property List"); and WHEREAS, the Successor Agency desires to recommend that the Oversight Board formally designate housing properties, governmental use properties and properties held for private reuse, as more particularly described in the accompanying staff report and the Property List; and WHEREAS, properties formerly held by the Agency have been deleteriously affected by a national and regional real estate recession, which has had particularly negative effects within the' City of San Juan Capistrano. Given current market conditions, it is in the interest of taxing agencies, including those represented on the Oversight Board, that properties be marketed in a judicious and careful fashion and not precipitously or in a hurried or random fashion. NOW THEREFORE BE IT RESOLVED by the City of San Juan Capistrano, acting as Successor Agency to the San Juan Capistrano Community Redevelopment Agency, as follows: Section 1. The Successor Agency finds and determines that the foregoing recitals are true and correct. Section 2. The Successor Agency approves the Property List and recommends approval of the Property List by the Oversight Board. Section 3. The Successor Agency recommends that the Oversight Board direct the Successor Agency to begin the process to dispose of the Lower Rosan Ranch property. 5-15-2012 ATTACHMENT 3 - Page 1 of 3 Section 4. The Successor Agency also recommends that the Oversight Board approve, to the greatest extent legally allowable, the transfer of any amounts on deposit in the former Agency's Low and Moderate Income Housing Fund to the Authority. PASSED, APPROVED, AND ADOPTED this 151h day of May, 2012. CITY OF SAN JUAN CAPISTRANO, ACTING SOLELY IN ITS CAPACITY AS A SUCCESSOR AGENCY LARRY KFKAMER, MAYOR ATTE T 1 1---, i A�kI mARfAIK40 RRIS, C LERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed City Clerk of the Successor Agency to the Community Redevelopment Agency, do hereby certify that the foregoing SACRA Resolution No. 12-05-15-01 was duly adopted by the City Council of the City of San Juan Capistrano at a special meeting thereof, held on this 15th day of May, 2012, by the following vote: AYES: j i C UNCIL MEMBERS: Freese, Allevato, Reeve, Taylor and Mayor Kramer NOES: UNCIL MEMBER: None ABSE T:` (TUNCIL MEMBER: None , City 5-15-2012 ATTACHMENT 3 - Page 2 of 3 "HIBR A ATTACHMENT 3 -Page 3of3 EIIHIBIT"A" SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REOEVEEOPMENT AGENCY INVENTORY OF PROPERTY mtlrldr Wma[ reM AWYIuo /.ttu tl�:�yn,,.l mm temnrra nlbxx fll�lmll I,R IM> W1 Ldli l3: tn-lei-z.: tivkxay�rd Mo M�il�ul LIII 1Sl-N3m: iz1�lAYle me Xutl: 111 gnxxE�wl,V 11 Nelatl 3(pl 1YJ �merJ" 1L ISP9 x.,/mn.w 0 rwnn.nxwtln es.nl Hr[ Trb r.fm v,,.onmx� m-zwn Snnx w.wWlm w Iw a Pm e vnenln,n. 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Iw zm "HIBR A ATTACHMENT 3 -Page 3of3 OVERSIGHT BOARD RESOLUTION NO. 12-05-16-01 A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY APPROVING THE TRANSFER OF HOUSING PROPERTIES AND ASSETS TO THE HOUSING AUTHORITY; AND DESIGNATING CERTAIN PROPERTIES AS GOVERNMENTAL USE PROPERTIES WHEREAS, the Oversight Board ("Oversight Board') for the Successor Agency to the San Juan Capistrano Community Redevelopment Agency rSuccessor Agency") has met and has duly considered a list of various properties formerly held by the San Juan Capistrano Community Redevelopment Agency ("Agency`), including housing properties designated by the Successor Agency to be within the jurisdiction of the San Juan Capistrano Housing Authority ("Authority`); and WHEREAS, the Oversight Board has reviewed the list of real property previously owned by the Agency, Including without limitation housing properties and properties in governmental use, which is set forth as Exhibit W hereto ("Inventory of Property'); and WHEREAS, for the reasons set forth in the staff report, and based upon testimony received, the Oversight Board desires to formally designate housing properties, governmental use properties and properties held for private reuse, as more particularly described in the accompanying staff report and the Inventory of Property; and WHEREAS, properties formerly held by the Agency have been deleteriously affected by a national and regional real estate recession, which has had particularly negative effects within the City of San Juan Capistrano. Given current market conditions, it Is In the interest of taxing agencies, including those represented on the Oversight Board, that properties be marketed in a judicious and careful fashion and not precipitously or In a hurried or random fashion. NOW THEREFORE, BE IT RESOLVED by the Oversight Board for the Successor Agency to the San Juan Capistrano Community Redevelopment Agency, as follows: Section I. The Oversight Board finds and determines that the foregoing recitals are true and correct. Section 2. The Oversight Board approves the Inventory of Property. In so approving the Inventory of Property, the Oversight Board transfers housing assets to the Authority; such approval shall constitute the approval of the Oversight Board for purposes of Section 34181(c) of the Health S Safety Code. Section 3. The Oversight Board directs the transfer of the title to property in City service (governmental purpose) to the City, and authorizes the Successor Agency staff 5/16/2012 ATTACHMENT 4 - Page 1 of 4 to take any actions necessary to correctly vest title in such governmental purpose properties with the City. Section 4. The Oversight Board directs the Successor Agency to begin the process to dispose of the Lower Rosan Ranch property. Section 5. The Oversight Board approves, to the greatest extent legally allowable, the transfer of any amounts on deposit in the former Agency's Low and Moderate Income Housing Fund to the Authority. Section 6. The Successor Agency shall maintain on file as a public record this Resolution and the Inventory of Property approved hereby. PASSED, APPROVED, AND ADOPTED this 16th day of May, 2012 ATTEST: Mani Morris, Oversight'Boalrd Secretary Laura Freese, Chair 2 5/16/2012 ATTACHMENT 4 - Page 2 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed Oversight Board Secretary of the Oversight Board to the Successor Agency of the San Juan Capistrano Community Redevelopment Agency, do hereby certify that the foregoing Oversight Resolution 12-0516.01 was duly adopted by the Board Members of the Oversight Board to the Successor Agency of the San Juan Capistrano Community Redevelopment Agency at a special meeting thereof, held the 161' day of May, 2012, by the following vote: AYES: BOARD MEMBERS: Doll, Hampton, McCord, NOES BOARD MEMBERS: None ABSENT: BOARD MEMBERS: None \ X1.0 MAft MORRIS, V RSI HT BOARD SECRETARY 3 Tatartan, Thomas, Kerr and Chair Freese 5/16/2012 ATTACHMENT 4 - Page 3 of 4 E%NIBIT"A" SUCCESSOR AGENCY TOTHE SAN JUAN CAPISTM40 COMMUNITY REDEVELOPMENT AGENCY INVENTORY OF PROPERTY M uryN ANA a0.iiro5[ /[Vu[® AmAv upo. r.l xudl[rom[mm[.wl ir�im �� xrc um [eeE.illim2i I:aama xddAnmd... 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Iua� xmndlmsmrem,�odm [xHIIR A ATTACHMENT 4 - Page 4 of OVERSIGHT BOARD RESOLUTION NO. 12-09-19-01 A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY CONFIRMING THE DESIGNATION OF HOUSING ASSETS AND GOVERNMENTAL USE PROPERTIES AND DIRECTING THE SUCCESSOR AGENCY TO TRANSFER SUCH PROPERTIES TO THE SAN JUAN CAPISTRANO HOUSING AUTHORITY AND CITY OF SAN JUAN CAPISTRANO, RESPECTIVELY WHEREAS, the Oversight Board ("Oversight Board") for the Successor Agency to the San Juan Capistrano Community Redevelopment Agency ("Successor Agency") previously met and considered a list of various properties formerly held by the San Juan Capistrano Community Redevelopment Agency ("Agency") and' WHEREAS, at such meeting, the Oversight Board formally designated certain properties to be "Housing Properties" and certain other properties to be "Govemmental Use Properties" and directed the Successor Agency to convey the Housing Properties to the San Juan Capistrano Housing Authority ("Authority") and the Governmental Use Properties to the City of San Juan Capistrano ("City"), all in accordance with Assembly BILI Ix 26 ("AB1x 26"); and WHEREAS, Assembly Bill 1484 ("AB 1484") was enacted on June 27, 2012, and amended certain provisions in AB1x 26 applicable to the designation of "Housing Assets" of the former Agency and the conveyance of real property by the Successor Agency; and WHEREAS, in accordance with Health & Safety Code Section 34176(a)(2), added by AB 1484, the Authority prepared a list of the Housing Assets (as defined in Section 34176(e)) it received from the Agency and delivered such list (referred to as the "Housing Asset Transfer Form") to the State Department of Finance ("DOF"); and WHEREAS, the DOF did not object to any items on the Housing Asset Transfer Form within the thirty (30) day period prescribed by Health & Safety Code Section 34176(a)(2) and thereafter confirmed its approval of the Housing Asset Transfer Form; and WHEREAS, AB 1484 also added the requirement, in Health & Safety Code Section 34181(f), that the Oversight Board's direction to the Successor Agency to dispose of real property and transfer housing assets be made after 10 days notice to the public and provides the DOF with the right to review such action by the Oversight Board; and WHEREAS, the Successor Agency has delivered the Housing Asset Transfer Form to the Oversight Board; this document Is attached to this Resolution as Exhibit A hereto ("Inventory of Housing Assets"); and WHEREAS, the Successor Agency has included Assessor's Parcel Number 121- 143-19 which was inadvertently omitted from the previously -approved list of Governmental L Use Properties and delivered the updated list of Governmental Use Properties to the 9/19/2012 ATTACHMENT 5 - Page 1 of 13 Oversight Board; this document is attached to this Resolution as Exhibit B hereto ("Inventory of Governmental Use Properties"); and WHEREAS, notice of the Oversight Board's approval of the Inventory of Housing Assets and the Inventory of Governmental Use Properties was published in a newspaper of general circulation in accordance with Health & Safety Code Section 34181(f); and WHEREAS, the Oversight Board has reviewed the Inventory of Housing Assets and the Inventory of Governmental Use Properties; and WHEREAS, for the reasons set forth in the staff report, and based upon testimony received, the Oversight Board desires to formally approve the Inventory of Housing Assets and the Inventory of Governmental Use Properties, designating the Housing Assets and Governmental Use Properties of the former Agency, as more particularly described In the accompanying staff report, the Inventory of Housing Assets and the Inventory of Governmental Use Properties; and WHEREAS, the Oversight Board desires to direct the Successor Agency to transfer any and all interest in the Housing Assets and the Governmental Use Properties to the Authority and City, respectively. NOW THEREFORE, BE IT RESOLVED by the Oversight Board for the Successor Agency to the San Juan Capistrano Community Redevelopment Agency, as follows: SECTION 1. The Oversight Board finds and determines that the foregoing recitals are true and correct. SECTION 2. The Oversight Board hereby approves the Inventory of Housing Assets and the Inventory of Governmental Use Properties. SECTION 3. The Oversight Board hereby finds and determines, based on evidence set forth in the staff report, testimony received, and all other information in the record, that the Inventory of Housing Assets attached as Exhibit A to this Resolution lists properties and assets (exclusive of cash and cash equivalents) properly considered "housing assets" as defined In Health & Safety Code Section 34176(e). The Oversight Board hereby directs the Successor Agency to transfer, by quitclaim deed or bill of sale or other appropriate instrument, any and all of the Successor Agency's interest in the Housing Assets to the Authority; such approval shall constitute the approval and direction of the Oversight Board for purposes of Section 34181(c) of the Health & Safety Code. SECTION 4. The Oversight Board hereby finds and determines, based on evidence set forth in the staff report, testimony received, and all other Information in the record, that the Governmental Use Properties listed in the Inventory of Governmental Use Properties attached as Exhibit B to this Resolution are properties that are constructed and used for a governmental purpose and should therefore be conveyed to the City in accordance with Health & Safety Code Sections 34177(e) and 34181(a). 2 9/19/2012 ATTACHMENT 5 - Page 2 of 13 1 U The Oversight Board hereby directs the Successor Agency to transfer, by quitclaim deed or bill of sale or other appropriate instrument, any and all of the Successor Agency's interest in the Governmental Use Properties to the City; such approval shall constitute the approval and direction of the Oversight Board for purposes of Section 34181(a) of the Health & Safety Code. SECTION 5. The Successor Agency shall maintain on file as a public record this Resolution, the Inventory of Housing Assets and the Inventory of Governmental Use Properties approved hereby. SECTIONS. The Executive Director and Secretary of the Successor Agency (and their designees) are directed to take such actions and execute such documents as may be necessary or appropriate to transfer any and all Housing Assets to the Authority and any and all Governmental Use Properties to the City. PASSED, APPROVED, AND ADOPTED at a special meeting of the Oversight Board for the Successor Agency to the San Juan Capistrano Community Redevelopment Agency, held on this 1 e day of September, 2012 by the following vote, to wit: Laura Freese, Chair A E Ma is Oversig Boa Secretary 3 9/19/2012 ATTACHMENT 5 - Page 3 of 13 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed Oversight Board Secretary of the Oversight Board to the Successor Agency of the San Juan Capistrano Community Redevelopment Agency, do hereby certify that the foregoing Oversight Resolution 12-09-19-01 was duly adopted by the Board Members of the Oversight Board to the Successor Agency of the San Juan Capistrano Community Redevelopment Agency at a special meeting thereof, held the 190' day of September, 2012, by the following vote: AYES:r BOA D MEMBERS: Doli, Hampton, McCord, Thomas, Kerr and Chair Freese NOES: -,BOA D MEMBERS: None ABSENT.; D MEMBERS: Tatadan SECRETARY n n 4 9/19/2012 ATTACHMENT 5 - Page 4 of 13 U U • EXHIBIT A INVENTORY OF HOUSING ASSETS (Housing Asset Transfer Form Approved by Department of Finance) Exhibit A ATTACHMENT 5 - Page 5 of 13 OEPARTYENT OF FlNANCE XOVSINO AB/ETS 11/T ABSEYBLY BILL %1 3/ANO ASSEMBLY BILL 14/A INeaIM aM StlNy COM Sectlon M1)6l Former RadevelopmeMAgemy: Sen Jwn Catibvn Ce S�epr Agmgbtle Fomer PeMvebpmem AgeRy, Semmr miha Sen Jwm CR R A EMAyAnumYq the Noudnq Fenmale m Ma lomV ReAvebplmN Apexy Sn Jwn CaolYmeHeuYm AW VIM EMtly Awurtylp Me Hpwinq FUntlbns CRmetl Nemo: CiMV RueeM Tdk Fiiunu OMmr %wM 849413-elOt EIASAddro aaeecaanwancao-anro a�n EnMy Avuninq Me Ilpualry Funtliona CONatl Nene: A4Ne9e eenniwn Title AeiWnlFlMlu dnmr PMM B19MSSgq> E -Mal Addmv-a.�war^�samr- NI eaxlatranpelnd w iM entlry asumtp Me IwuelM lunmalu belxeen FeErvary 1.'mtt ad Ma Mn Me ndYtlb eae aeeled ue LWWudN In tlYe hemlp oMalleL TM lallmtiy Edilhila noM1tl wMh N X in Ms bam IlldudN a pan m INa Irnvmery m heusuq mN: EGdNIA-Reel Pmperty % FAYGI&PeraprW Prtperly % EWWC-LPNWUEmueElrMa IIOM ELYM O-LwwTmbRemrvabba % EtlYtld E-RaIAWpeltliaR % EWMFRaV % Erlihtl G-OelertaN noM pmpMM By: CIndY Rueesll. Finance ORiwr D yDore PrepelM: JuN 3D, I074 n 2 m z N d !D N Q) O W ATTACHMENT 5 - Page 7 of 13 EGeEEC�ECE9E@E0ECE9@E9E@CE9� ���IIIIIIIIIIIIIIIIIIIIIIII I�IIIIIIIIIIIIIIII��EE�����E MONSOON -MIMMININS @EEI .�eeEE9e69E96E669666E666E9969 MEN ATTACHMENT 5 - Page 7 of 13 � I � § � t � � 7 ■ � ��■■■■■■■■■■■■■■■■■■■ � E � � § a \ E 7 � a � 2 ■ � t a ; �� $Ii] �9�� © ��|I ���■■■■■■■■■■■■■■■■■■■ B I k � �e oR/IEEE£■II§ ���■■■■■■■■■■■■■■■■■■■ ���■■■■■■■■■■■■■■■■■■■ ��■■■■■■■■■■■■■■■■■■■ ��■■■■■■■■■■■■■■■■■■■ ��■■■■■■■■■■■■■■■■■■■� � § � t � � 7 ■ � • / � E � � § a \ E 7 � a � 2 ■ � t a ; �� $Ii] �9�� © ��|I �x2 � B I k � �e oR/IEEE£■II§ ATTACHMENT 5 -Page 8 0 13 a ji d ll ATTACHMENT 5 - Page 9 of 13 r ATTACHMENT 5 - Page 10 of 13 �����IIIIIIIIIIIIIIII ���IIIIIIIIIIIIIIIIII �����llllllllllllllll Ell��llllllllllllllll ���IIIIIIIIIIIIIIII ��■���0000000000Eo0ao ATTACHMENT 5 - Page 10 of 13 I -a (!s i ATTACHMENT 5 - Page 11 of 13 EXHIBIT B INVENTORY OF GOVERNMENTAL USE PROPERTIES Exhibit B ATTACHMENT 5 - Page 12 of 13 EXHIBIT"R' SUCQSSORAGENCY TOTHE SAN JUAN CAMSTRANO COMMUNITY REDEVELOPMENT AGENCY INVENTORY OF GMMNMENTAL USE PROPERTY ENMPatl mullu+ rwrm aRUEam NVM3 Irnl muHm+nu w�ma uLtYl� uw.sla 3 UPoau-Rn.l uLlum ub IYJ4 I9Y W .tlWm N.P Tml Itl n Imss mw 1 bW.YWO VIJ(bm YaUVIYlmnnelYwR N. W.m PAt a 19E6 YM EEYmdS .aanuaY al m o w n lmn Wn EI(YiYw WI wix wlePls oma.uv..a. IalsaYe M1aaEW aNNnbY�.Y�Oiab n.nf...ry9nW pmbPanl�n If Y.ie.nYMntlbNnalWfMM1 a fOlt YnP4�Atl sNMPfYW MI pp nl.Llm3u. n W I1P VM11bn xYb(mWbY•. W 301 Y..Y.Mr.anaYYgL.b bv.s�YJn.www�nb.bw....inn..u.M.:mnaa�vwnNnvtia.opmn.lMylsanlPWa. b.w+.nlaay.nwulNuwswMamiW ena.RM1b.wl mow. Xb.m.n.win.Mn�wwpyYil�nnovnNMlx.mim.n.a.atm+m ynw.>Ma.a.lwa.n.aaawualx�r�.uwmw.a>y. w.a.x..bu.maw pwy. sw.ammn.u.mwl.. � Jvl �wu.at a.e^^Ir^r•• EXH107 B ATTACHMENT 5 - Page 13 of 13 (allT OA 6P W III R O A r DEPARTMENT OF w���••�•EDMUND G. BROWN • GGV6RNOR FI N A N C E 91 9 L BT0[R 0 0,1CP•M[uT0 CM A. 9p019 -34..C6 [ wwW.00LC•.00v November 30, 2012 Ms. Cindy Russell, Finance Officer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ms. Russell: Subject: Approval/Objection of Oversight Board Action The City of San Juan Capistrano Successor Agency (Agency) notified the California Department of Finance (Finance) of its September 19, 2012 oversight board (OB) resolution on September 21, 2012. Pursuant to Health and Safety Code (HSC) section 34179 (h), Finance has completed its review of the OB action. Finance has completed its review of the Agency's OB Resolution No. 12.09-19.01 directing the Agency to transfer redevelopment assets that are designated for housing assets and governmental use properties to the San Juan Capistrano Housing Authority and the City of San Juan Capistrano. Based on our review and application of the law, we made the following determinations: • Transfer of housing assets to the Housing Authority is approved. • As summarized in the table below, some properties do not meet the criteria included in HSC section 34181 (a) that defines the assets constructed and used for a governmental purpose. HSC section 34191.3 suspended the requirements of HSC section 34181 (a) and the successor agency's ability to dispose of assets for non-governmental purposes, until Finance has issued a finding of completion and has approved a long range property management plan. Because the Agency has not met all statutory requirements, the disposition of non-governmental purpose properties by transfer is not permitted. ATTACHMENT 6 -Pagel of Ms. Cindy Russell November 30, 2012 Page 4 Description Purpose Determination Historic Town Center Park Governmental use Approved Blas Aguilar Adobe for historic reservation Governmental use Approved Los Rios Park - Phase 1 Governmental use Approved Los Rios Park - Phase II Non-governmental use Denied Kinoshita Farmland Unable to determine (2) Denied Former Pacific Bell Community Theater Non-governmental use Denied Remnant Property along Paseo Adelanto Governmental use Approved Kord/Herrera Governmental use Approved Texaco Parking Lot Non-governmental use Denied Love Parking Lot Non-governmental use Denied Mitchell Parking Lot Non-governmental use Denied Veteran's Park Governmental use Approved Mitchell Parking Lot Non-governmental uses' Denied Library Parking Lot Governmental use Approved Property adjacent to the Regional Library Governmental use Approved (1) Currently used as a temporarily parking lot by the general public. (2) The former RD has 1/5, or approximately 4 acres of the land; however, the Agency cannot specify which 4 acres is their 1/5 interest. The process and guidelines related to the disposition of former RDA assets are available at Finance's website below: htti)://www.dof.ca.aoy/(edevelor)menUpror)erty disposition/ Furthermore, as authorized in HSC section 34167.5, the State Controller may audit asset transfers that occurred after January 1, 2011 between the RDA and the city that created the RDA, and may order the return of the assets If they are not contractually committed to a third party for the encumbrance or expenditures of these assets. As authorized by HSC section 34179 (h), Finance is returning your OB action to the board for reconsideration. ATTACHMENT 6 - Page 2 of 3 Ms. Cindy Russell November 30, 2012 Page 4 Please direct inquiries to Justyn Howard, Assistant Program Budget Manager, at (916) 445-1546. Sincerely, STEVE SZALAY Local Government Consultant cc: Ms. Michelle Bannigan, Assistant Finance Director, City of San Juan Capistrano Ms. Christy Jakl, Deputy City Clerk, City of San Juan Capistrano Mr. Frank Davies, Property Tax Manager, Orange County California State Controller's Office ATTACHMENT 6 - Page 3 of 3 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX Ivua,.saniiumunplsTrano.olg MEMBERS OF THE Clry COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL & ALLEVATO ROY L. BYRNES, M.D. LWRY KRAMER DFAEK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, December 11, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Approving a Personal Services Agreement for Construction Management Services for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project. (Capital Improvement Project 11805) (RBF Consulting)" — Item No. D8. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, December 10, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Eric Bauman, Utilities Engineer. You may contact that staff member at (949) 487-4312 with any questions. The agenda, including agenda reports, is available to you on our web site: www sanivancaoistrano.oro. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkna sanivancapistrano oro. Maria Morris, CMC City Clerk cc: Dudek; RBF Consulting; Tetra Tech, Inc. San Juan Capistrano: Preserving the Past to Enhance the Future FM,eE m 11P6,uMWd W W, 32400 PASEO AOEL.ANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493.1171 (949) 493.1053 FAX 1t•1v11:srr11 jlrrrlrcrr f�rxlrruro.ur},� January 3, 2013 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Document for Recording — Quitclaim Deed The noted documents are enclosed for recording: C Quitclaim Deed — Successor Agency granting to the City. MEMBERS OF THE CITY COUNCIL When placed of record, please return the recorded documents to this office. Thank you for your assistance. Kindest Regar s,. Christy Jakl, CMC Deputy City Clerk Sun Juan Capistrano: PIesei-ving the Past 10 ITnhunce the Future 0 Printod on 100% urcyctrut pnpur SAM ALLEVATO ROY L. BYRNES. M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR RECORDING REQUES`rED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Pasco Adclanto San Juan Capistrano, CA 92675 Attn: City Manager [Space Above for Recorder's Use) [Exempt front Recordation Fee per Gov. Code § 273831 [Exempt from Documcntary Tninsfer Tax per Rev. QCs Tax. Code § 119221 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 31173 ("Grantor"), docs hereby remise, release and forever quitclaim to: CITY Or SAN JUAN CAPISTRANO, a California municipal corporation ("Grantee") all of Grantor's right, title, and interest in that certain real property and all improvements thereon located in the City of San Juan Capistrano, County of Orange, State of California, as more particularly described in Attachment "A" attached hereto and incorporated herein by this reference (the "Property"). Grantee acknowledges and agrees that the Property is granted by the Grantor to the Grantee in its "AS IS," "WHERE IS" and "SUBJECT TO ALL FAULTS CONDITION," as of' the date of recordation of this Quitclaim Deed, with no warranties, expressed or implied, as to the environmental or other physical condition of the Property, the presence or absence of any patent or latent environmental or other physical condition on or in the Property, or other matters affecting the Property. "Grantor" SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate politic By: .arry Krame Its: Chairman 698/029429-0012 4721068.1 a12:06/12 PUBLIC AGENCY NORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On January 3, 2013, before me, Marin Morris, Agency Secretary, personally appeared Larry Kramer, Chairman , who proved to me on the basis of satisfactory evidence to the be person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/lei/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL I'Y OF PE =RJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Chairman Title WITNESS my hand and official seal. 1J,- ila dLl "aria e(cy)ecr ary OPTIONAL Signer is Representing Successor Agency to the San Juan Capistrano Community Redevelopment Agency -2- Description of Attached Document Title or Type of Document Quitclaim Deed Number of Pages; G ATTACHMENT 66A" TO QUITCLAIM DEED LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY AND IMPROVEMENTS THEREON IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS: Legal Description: Parcel D That portion of Parcel 1, Parcel Map No. 80-853 in the city of San Juan Capistrano, county of Orange, state of California„ as per map recorded in book 154, pages 33 and 34 of Parcel Maps in the office of the County Recorder described as follows: Beginning at the most southerly comer of said Parcel Map; thence N 18deg.40'5O" W along the westedy line of said Parcel Map 543.22'; thence leaving said westerly line N 71 deg. 19'1 W' E 149.17 ;-thence S18deg.40'50"E 37.88';thenceN 71deg.19' IO" E 46.461; them N 18degAWS0" W 37.88'; thence N71 deg.19' 10"E 145.79' to the most easterly line of said Parcel Map; thence S 21dcg.4341" E along said easterly Hue 223.37' to the most northerly corner of Parcel 2 of said Parcel Map; thence leaving said easterly line S 71deg.l3' 19" W along the northerly One of said Parcel 169.98' to the most westerly corner of said Parcel 2; thence S 21deg.43'41" E along the westerly line of said Parcel 2 319.98' to the most southerly corner of said Parcel 2; thence S 71 deg. 13'19" Vit along the most southerly line of said Parcel Map 200.32' to the point of beginning. See Exhibit D. 6981028428-0012 4725068.1 a12fM2 -3- PR�AI�ED BY' C% tDSA/ AV NXIi O 1*97 ,PQ MSTA, C•4uF 9toB3 Cw9) wat 3 2w97 6.Pure .e -fu is—xw.3 EXHIBIT D 6981028428.0012 4723068.1 o12fUM '4' °• 'f t !t� •MEW .�/7i99.e7E .d7/°/9%tl s�s'Ia•9°E' r'��so'sa oARCEL O qoor-9.9e • S7/°H%74 �`y S S i sl • q ti� m1wr aw i ;715'/ "W g� AcSAcyEMA ST PR�AI�ED BY' C% tDSA/ AV NXIi O 1*97 ,PQ MSTA, C•4uF 9toB3 Cw9) wat 3 2w97 6.Pure .e -fu is—xw.3 EXHIBIT D 6981028428.0012 4723068.1 o12fUM '4' CERTIFICATE OF ACCEPTANCE.OF INTEREST IN REAL PROPERTY BY THE CITY OF SAN JUAN CAPISTRANO (GOVERNMENT CODB SECTION 27281) THIS IS TO CERTIFY that the interest in real property and other interests conveyed by the instrument dated 0-2<, \1 2019—, from the Successor Agency to the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 34173 ("Grantor") to (lie City of San Juan Capistrano, a California municipal corporation ("Grantee"), is hereby accepted by the Grantee's Mayor pursuant to the authority to accept interests in real property on behalf of the Grantee conferred by Resolution No. 1j jj:E-�dopted 1 _ l t , 2CIJ. The Grantee further consents to its recordation. Dated: 12\2.0\ t2 State of California County of Orange CITY OF SAN JUAN CAPISTRANO, a Califon At municipal cormiration By: hn Taylor ItsI M vor On , before me, , Notary Public, (here insert nnmc and title orthe officer) personally appeared , who proved to me on (lye basis of satisfactory evidence to be the person(s) whose namc(s) Ware subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENAL; fY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 673ro28428.0012 4735068 1 a12r06'13 -5- PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 20, 2012, before me, Muria Morris. City Cleric, personally appeared John Taylor, Mayor, who proved to me on the basis ofsatisfactory evidence to the be pel'son(s) whose namc(s) is/are subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/her/their authorized capacity, and that by his/her/there signahn•c on the instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument . I certify under PENALTY OF PERJURY under the laws ol'the State ofCali fornia that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Mayor Title Signer is Representing City of San Juan Capistrano WI'T'NESS my hand and official seal. rja_Morris, City CI •k OPTIONAL Description of Attached Document "Title or Type or Document Quitclaim Deed Number or Pages: 6