Resolution Number SACRA 13-06-04-01SACRA RESOLUTION NO. 13-06-04-01
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE TRANSFER OF VARIOUS HOUSING ASSET
PROPERTIES TO THE HOUSING AUTHORITY
WHEREAS, the Successor Agency of the San Juan Capistrano Community
Redevelopment Agency ("Successor Agency") included certain properties identified
in Exhibit A on the List of Property approved by Resolution No. 12-05-15-01, and
designated those properties as housing asset properties. Exhibit A is attached
hereto and incorporated herein by reference; and,
WHEREAS, the Oversight Board for the Successor Agency, by Resolution No.
12-05-16-01, approved the designation of the properties identified in Exhibit A as
affordable housing properties and directed the Successor Agency to transfer the
properties to the San Juan Capistrano Housing Authority ("Housing Authority"); and,
WHEREAS, the Successor Agency of the San Juan Capistrano Community
Redevelopment Agency ("Successor Agency") included certain properties identified
in Exhibit A on the Housing Asset Transfer Form, and designated those properties
as housing asset properties; and,
WHEREAS, the Oversight Board of the Successor Agency, by Resolution No.
12-09-19-01, confirmed the designation of the properties identified in Exhibit A as
housing asset properties and directed the Successor Agency to transfer the properties
to the San Juan Capistrano Housing Authority ("Housing Authority"); and,
WHEREAS, the Department of Finance has approved the transfer of the
properties, identified in Exhibit A, to the Housing Authority; and,
WHEREAS, this Resolution has been reviewed with respect to applicability of
the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the
"Guidelines"), and the City of San Juan Capistrano's environmental guidelines; and,
WHEREAS, per Section 15301 of the State CEQA Guidelines, the transfer of
real property is exempt from environmental review under CEQA because the
transfer will result in a continuation of an existing facility involving no expansion of
use and is therefore exempt from environmental review, and any future
development of the real property will require separate environmental review; and,
NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency of the San
Juan Capistrano Community Redevelopment Agency does hereby approve the
quitclaim of the San Juan Capistrano Community Redevelopment Agency's
property rights, title or interest to the properties identified in Exhibit A to the San
Juan Capistrano Housing Authority.
Section 1. The foregoing recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The Successor Agency hereby directs the Successor Agency
Secretary to process the required documentation, including quitclaim deeds,
transferring the ownership of the housing assets identified in Exhibit A to the
Housing Authority for recording with the Orange County Recorder's Office.
Section 3. The Successor Agency's designee, is hereby authorized and directed
to take such actions and execute such documents as are necessary to effectuate
the intent of this Resolution on behalf of the Successor Agency.
PASSED, APPROVED, AND ADOPTED this June 4, 2013.
' Lar Krame- , Chairma
ATTE$T
rris, Succdss'Qr Agency Board Secretary
STATE OF CALIFORNIA �> )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Agency Secretary of the Board of Directors of the Successor
Agency to the San Juan Capistrano Community Redevelopment Agency, do hereby certify
that the foregoing Resolution No. SACRA 13-06-04-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4'h day of
June 2013, by the following vote:
AYE J/
BOARD MEMBERS:
Allevato, Byrnes, Reeve and Chair Kramer
NO S:
BOARD MEMBERS:
None
ABSE :
BOARD MEMBERS:
None
ABSjJ AINI :
BOARD MEMBERS:
Taylor
e
Exhibit "A"
The following are the APNs for the two Housing Assets:
APNs 121-142-01 and 121-142-17
2 APNs 649-281-04 and 649-281-05
2575/028428-0012
5593725.1 a05/21,'13
EXHIBIT A - Page 1 of 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
San Juan Capistrano Housing Authority
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Executive Director
[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:
SAN JUAN CAPISTRANO HOUSING AUTHORITY, a public body, corporate
and politic ("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 Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"). At the time of recording, the Property has APNs 121-142-01 and
121-142-17.
Grantee acknowledges and agrees that the Property is granted by the Grantor to the
Grantee in its "AS IS," "WHERE 1S" 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.
698/028428-0012
4939803.3 a05/21/13
"Grantor"
SUCCESSOR AGENCY TO THE SAN JUAN
CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body,
corporate and politic
LIZA
Larry Kramer
Its: Chairman
se
EXHIBIT A-1 - Page 1 of 5
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.
1 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
6981,028428-0012
4939803.3 a05/21/13
-2-
(seal)
EXHIBIT A-1 - Page 2 of 5
EXHIBIT "A" 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:
(APN 121-142-01)
PARCEL 2:
Lot 3 in Block 1, of the Townsite of San Juan Capistrano, in the City of San Juan
Capistrano, County of Orange, State of California, per map recorded in book 3,
pages 120 to 125 inclusive of Miscellaneous Records of Los Angeles County,
California.
Excepting therefrom that portion of said land included within the land described
as .Parcel L2-110 in the final order of condemnation by Orange County Flood
Control District, a certified copy of which was recorded April 1, 1963 in book
6490, page 314 of Official Records, which lies Westerly of aline which is parallel
and concentric with and Easterly 85 feet from a line that begins at a point on the
centerline of Del Obispo Street as described in the deed to the County of Orange,
recorded December 9, 1943, in book 1224, page 177 of Official Records, in the
office of the County Recorder of said Orange County, distant thereon N. 82° 34'
32" E. 239.22 feet from the intersection of said centerline with the centerline of
Alipaz Street; thence N. r 25' 28" W., 442.52 feet to the beginning of a tangent
curve, concave Westerly and having a radius of 1500.00 feet; thence Northerly
510.00 feet along said curve through a central angle of 19° 28' 50"; thence tangent
to said curve N. 26° 54' 18" W., 1951.84 feet to a point on the North line of Parcel
"0" as shown on the map of San Juan Capistrano and Vicinity, filed in book 2,
pages 31 to 38 inclusive of Record of Surveys in the office of said County
Recorder, distant thereon N. 74° 44' 58" E. 951.57 feet from a capped iron pipe
marked "J.F.D." at the Westerly terminus of that certain course cited as "S. 73°
59'W., 1076. 6" on said map of San Juan Capistrano and vicinity.
(APN 121-142-17)
PARCEL 3: Lot 4 in Block 1 of the Townsite of San Juan Capistrano, in the City
of San Juan Capistrano, County of Orange, State of California,. as shown on a map
recorded in Book 3, pages 120 to 123 inclusive of Miscellaneous Records of Los
Angeles County, California, together with that portion of Water & Tract
abandoned by Resolution No. 654 of the Board of Supervisors of Orange County,
recorded on November 16, 1920, in book 15, page 307 of Miscellaneous Records
of said Orange County.
Excepting therefrom that portion of said land included within the land described
as Parcel L2-109 in the Final Order of Condemnation by Orange County Flood
698/028428-0012
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EXHIBIT A-1 - Page 3 of 5
Control District, a certified copy of which was recorded April 1, 1963, In book
6490, page 314 of Official Records, which lies Westerly of a line which is parallel
and concentric with and Easterly 85 feet from a line that begins at a point on the
centerline of Del Obispo Street as described in the deed to the County of Orange
recorded December 9, 1943, in book 1224, page 177 of Official Records, in the
office of the County Recorder of said Orange County, distant thereon N. 82° 34'
32" E., 239.22 feet from the intersection of said centerline with the centerline of
Alipes Street; thence N. 7° 23' 23" W., 422.52 feet to the beginning of a tangent
curve concave Westerly and having a radius of 1500.00 feet; thence Northerly
510.00 feet along said curve through a central angle of 19° 28'50"; thence tangent
to said curve N. 26° 54' 18" W., 1951.84 feet to a point on the North line of Parcel
"0" as shown on the map of San Juan Capistrano and vicinity filed in book 2,
pages 31 to 32 inclusive of Record of Surveys in the office of said County
Recorder, distant thereon N. 74° 44' 58" E., 931.57 feet from a capped iron pipe
marked "J.F.D." at the Westerly tangious of that certain course sited as "S. 73° 39'
W., 1076.6" on said map of San Juan Capistrano and vicinity.
6981028428-0012
4939803.3 a05(21113
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EXHIBIT A-1 - Page 4 of 5
CERTIFICATE OF ACCEPTANCE OF INTEREST IN REAL PROPERTY
BY THE SAN JUAN CAPISTRANO HOUSING AUTHORITY
(GOVERNMENT CODE SECTION 27281)
THIS IS TO CERTIFY that the interest in real property and other interests conveyed by the
instrument dated , 2013, 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 San Juan
Capistrano Housing Authority, a public body, corporate and politic ("Grantee"), is hereby
accepted by the Grantee's Executive Director 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
SAN JUAN CAPISTRANO HOUSING
AUTHORITY, a public body, corporate and
politic
By: Roy L. Byrnes, M.D.
Its: Chairperson
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
698/028428-0012
49398033 x05/21/13
(seal)
EXHIBIT A-1 - Page 5 of 5
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
San Juan Capistrano Housing Authority
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Executive Director
[Space Above for Recorder's Use]
[Exempt from Recordation Fee per Gov. Code § 27383]
[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, duty established and
existing pursuant to Health and Safety Code section 34173 ("Grantor"), does hereby remise,
release and forever quitclaim to:
SAN JUAN CAPISTRANO HOUSING AUTHORITY, a public body, corporate
and politic ("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 Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"). At the time of recording, the Property has APN 649-281-04 and APN
649-281-05.
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.
698/028428-0012
4939782.3 05M/13
"Grantor"
SUCCESSOR AGENCY TO THE SAN JUAN
CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body,
corporate and politic
By:
Larry Kramer
Its: Chairman
-I-
EXHIBIT A-2 - Page 1 of 5
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
698/028425-0012
4939782.3 05/21113 -2-
(seal)
EXHIBIT A-2 - Page 2 of 5
EXHIBIT "A" 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:
That certain piece or parcel of land, being a portion of Lot 2 in Block 1 of San
Juan Capistrano Townsite, in the City of San Juan Capistrano; as recorded in
Miscellaneous Records Book 3, page 1.20, records of Los Angeles County,
California, more particularly described as follows:
Commencing at an iron pipe marking the Southeast corner of above mentioned
Lot 2, Block 1, and running thence North 890 29' West 562.70 feet along the
South line of above mentioned Lot 2, Block 1 to an iron pipe in said South line
distant 85.00 feet from the Southwest corner of said Lot 2; thence North 19° 42'
East 171.60 feet to a poplar tree; thence North 8° 22' West 171.60 feet to a pipe;
thence North 66° 10' East 49.50 feet to a pipe; thence South 14° 40' East 248.35
feet to a pipe at an old fence corner; thence along said fence North 86° 28' East
174.81 feet; thence South 87° 41' East 173.95 feet; thence South 9° 48' East 67.71
feet; thence on a 1 ine parallel to the South line of said Lot 2, South 89° 29' East
52.77 feet to a point in the East line of said Lot 2; thence South 9° 48' East 53.46
feet along said East line of Lot 2 to the place of beginning.
Excepting therefrom the following: Beginning at the Northwesterly corner of Lot
5 in Block 1 of San Juan Capistrano, as shown on a map recorded in book 3, page
120, et seq., of Miscellaneous Records of Los Angeles County, California, said
corner being the Southeasterly corner of Lot 87 as shown on a Licenses
Surveyors' map filed in book 2, page 34, Record of Surveys in the office of the
County Recorder of Orange County; thence North 9° 48' West 53.46 feet to the
Southeasterly corner of Lot 88 as shown on said Records of Surveys; thence
North 89° 29' West. along the South line of said Lot 88, 10.16 feet to the true
point of beginning of the land herein described; thence continuing North 89° 29'
West along the South line of said Lot 88 and said line extended Westerly, 60 feet;
thence South 9° 48' East 40.66 feet; thence South 89° 29' East 60 feet; thence
North 9° 48' West 40.66 feet to the true. point of beginning.
Also excepting therefrom the following:
The Northerly 100 feet of that certain parcel of land described in deed to Fidel
Sepulveda and L.A. Sepulveda, his wife, recorded in book 360, page 173, of
Deeds, records of Orange County, and being more particularly described as
follows:
Beginning at the most Northerly corner of property described in the above
mentioned deed and running thence from said point of beginning South 14° 40'
East along the Easterly line of said property, 100 feet, thence South 66° 10' West
698/028428-0012
4939782.3 45!21!13
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EXHIBIT A-2 - Page 3 of 5
60.89 feet to a point in the Westerly line of said property; thence North 8° 22'
West 102.43 feet to the Northwest corner of said property; thence North 66° 10'
East 49.50 feet to the point of beginning.
698/028428-0012
4939782.3 a05/21/13
IM
EXHIBIT A-2 - Page 4 of 5
CERTIFICATE OF ACCEPTANCE OF INTEREST IN REAL PROPERTY
BY THE SAN JUAN CAPISTRANO HOUSING AUTHORITY
(GOVERNMENT CODE SECTION 27281)
THIS IS TO CERTIFY that the interest in real property and other interests conveyed by the
instrument dated , 2013, 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 San Juan
Capistrano Housing Authority, a public body, corporate and politic ("Grantee"), is hereby
accepted by the Grantee's Executive Director pursuant to the authority to accept interests in real
propertyon behalf of the Grantee conferred by Resolution No. adopted ,
. The Grantee further consents to its recordation.
Dated: SAN JUAN CAPISTRANO HOUSING
AUTHORITY, a public body, corporate and
politic
By: Roy L. Byrnes, M.D.
Its: Chairperson
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
698/028428-0012
4939782.3 a0521/13
(seal)
EXHIBIT A-2 - Page 5 of 5