COMMUNITY REDEVELOPMENT AGENCYcity Copy
CITY/AGENCY LOAN AGREEMENT
SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT
THIS AGREEMENT is entered into this 18th day of February,
1992, by and between the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body, corporate and politic (the
"Agency"), and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation
(the "City").
RECITALS:
A. By Ordinance No. 488 adopted July 12, 1983, Ordinance No. 509
adopted on May 15, 1984, Ordinance No. 547 adopted on July 16, 1985 and
Ordinance Nos. 582 and 583 adopted on August 19, 1986, the City Council of
the City of San Juan Capistrano (the "City Council") approved and amended the
Redevelopment
Plan (the
"Plan")
for
the
San Juan Capistrano Redevelopment
Project (the "Project
Area")
of
the
San Juan Capistrano Community
Redevelopment Agency (the "Agency").
B. Pursuant to the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000 et. seq., the Agency is
carrying out the Redevelopment Plan for the Project in the redevelopment
project area (the "Project Area").
C. Under the Redevelopment Plan, the City shall aid and
cooperate with the Agency in carrying out the Project and take actions
necessary to ensure the fulfillment of the purposes of the Plan and to prevent
the recurrence or spread in the Project Area of conditions causing blight.
-1-
• 0
D. In furtherance of the Project, the Agency and the City desire
to enter into an agreement under which the City will loan to the Agency the
amount of Seven Million Two Hundred Thousand Dollars ($7,200,000), which the
Agency shall use solely for the acquisition of real property identified on that
certain promissory note attached hereto as Attachment "A" (the "Note") and
related costs.
AGREEMENT
The Agency and the City hereby agree as follows:
I. Loan. The City loans to the Agency the amount of Seven
Million Two Hundred Thousand Dollars ($7,200,000) (the "Loan Amount:), which
the Agency shall use for the acquisition of the real property identified in the
Note and related costs.
2. Repayment by the Agency. The Agency shall repay to the
City the Loan Amount, plus interest at the rate per annum which is available on
a month -by -month basis during the term of this Loan for funds invested with
the State of California Local Agency Investment Fund all due and payable three
years from the date hereof.
3. Indebtedness of Agency. This Agreement constitutes an
indebtedness of the Agency incurred in carrying out the Project, and a pledging
of tax allocations from the Project to repay such indebtedness, under the
provisions of Section 16 of Article XVI of the California Constitution and
Section 33670-33674 of the Health and Safety Code; provided, however, that
such pledge of tax allocations shall always be subordinate and subject to the
right of the Agency pledge or commit tax allocations from the Project to repay
bonds or other indebtedness incurred by the Agency in carrying out the Project.
-2-
IN WITNESS WHEREOF, the Agency and the City have executed this
Agreement as of the date first above written.
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
By:
By:
ATTEST:
aSecret/ �'� cI
i�Ii. i
ry
CITY OF SAN JUAN CAPISTRANO
By:
�K—
Stephen B. Julian, City Manager
By:�
David P. Bentz, Dirqtjof
Administrative Wrvices
ATTEST:
/L_ �.1: ���LJ✓W
APPROVED AS TO FORM
1 � -
City Attorne
0 ?RCM:SSORY NOT- u7E-_UR& -EED :F =-
0 J30
T
O.J30
San Juan _-apis-rano.
For value received, the _ndersigned, SAN JEAN CA?__TRANC _.,...7`I.
REDE'JELOPMENT AGENCY, a public body c rporate and col-,t.c crested -
I
aws of the State of California ("Borro•wer"), promises to pay -o -'._ _.__. ._
the CITY IF SATs .%'AN CAPISTRANO , a municipal C]rpor3tion Orzan_,z ] and
existing under the laws of the State of Californ13 _ender^ '_4__ ?_e__
Adelanto, San Juan Capistrano, California, or at such -tner [_ace as -a, t -
designated in writing by Lender, the principal sum of `insert amount. --t _
exceed S7.2CO,0001 DOLLARS (S ',_00,000 ) with interest at tn_ month_,- ra-e
per annum which is available during the term hereof for funds nves-ed
the State of California Local Agency Investment Funds, and as such ra-e -ay
vary from month to month. Interest shall be due and pavable in me
installment on the Maturity Date (as hereinafter defined).
The outstanding principal balance of this note, together with 3nv ac_r_ed
and unpaid interest, shall be due and payable in one installment on or
the third anniversary date of this note ("Maturity Date"). Notwithstanding•�
the foregoing sentence, the principal balance of this nate, together with
accrued and unpaid interest, is payable at any time upon demand by Lender.
All sums owing hereunder are payable in lawful money of the United States of
America. All or any portion of the principal balance of this note may be
prepaid at any time without penalty or premium.
This note is secured by a deed of trust ("Deed of Trust") dated the ate
hereof, on certain real property (the "Property") located in San .:uan
Capistrano, California, and described on that certain ALTA/ACSM Land Title
Survey dated December 16, 1991, W.O. No. 1100-1, prepared by Hunsaker 6
Associates, Inc., 3 Hughes, Irvine, CA 92718 (the "Survey"), which Survey is
incorporated herein by reference.
PRINCIPAL OTHERWISE DUE UNDER THIS NOTE SHALL BE REDUCED FROM TIME :0 :.ME
PURSUANT TO THE FOLLOWING PROVISIONS:
BORROWER MAY REPAY ALL OR ANY PORTION OF THE PRINCIPAL DUE UNDER :HIS
NOTE BY TRANSFERRING TO LENDER FEE -SIMPLE TITLE TO THE PROPERTY OR
PORTIONS THEREOF OR OTHER REAL PROPERTY WHICH I5 IN AN OPEN SPACE
CONDITION AT THE TIME OF TRANSFER TO THE CITY BUT WHICH HAS NOT BEEN
PREVIOUSLY DEDICATED OR TRANSFERRED TO THE CITY OR ANY OTHER ?'JBLIC
ENTITY FOR OPEN SPACE USE. BORROWER SHALL BE ENTITLED TO A REOCCT:CN
OF PRINCIPAL ON A DOLLAR FOR DOLLAR BASIS BY CREDITING BORROWER WITH
AN AMOUNT EQUAL TO THE PRODUCT DERIVED BY MUTIPLYINO THE NUMBER OF
SQUARE FEET OF PROPERTY CONVEYED TO LENDER BY BORROWER TIMES THE
APPLICABLE PRICE PER SQUARE FOOT SET FORTH BELOW:
Price Per Square Foot Property Description (by reference to
property description set forth in the Survey)
a. 51.83 psf: Parcels A, 1, 3, 4, 5, 6, 7
b. $15.00 psf: Parcel 2
C. $12.00 psf: Parcels B-1 and B-2
For example, and by way of illustration only, if Borrower transferred to
Lender a total of 300,000 square feet of category "a" property and 50,000
square feet of category "c" property, the principal balance of this note *would
be reduced by a total of $1,149,000.00 ($549,000.00 [$1.83 psf x 300,000 sf]
5600,000 [512.00 psf x 50,000 sfj). Borrower is entitled at any time to :hake
one or more transfers of portions of the Property to Lender and the reduction
in the principal amount of this note shall be effective as of the date of each
such transfer. All costs, fees, charges and expenses of any kind whatsoever
in connection with such transfers shall be borne by Borrower. Title to the
Property or portion thereof transferred by Borrower to Lender shall be by
grant deed subject only to the same exceptions to title as the Property or
portion thereof was subject at the time of the acquisition of the Property by
Borrower, except as Lender may otherwise agree in writing.
2. BORROWER SHALL ALSO BE ENTIILED TO A REDUCT:CN PR: `JC:^PAL .
DOLLAR FOR DOLLAR BASIS BY CREDITING BORROWER e:TH AN AMCUNT C
THE COSTS INCURRED BY BORROWER IN CONNECT:ON WSIH EXAMINAI:CN :F =....
PORTION OF THE PROPERTY TRANSFERRED BY BORROWER :0 :ENDER FOR T -E
EXISTENCE OF HAZARDOUS MATERIALS OR HAZARDOUS WASTE AND THE
REMEDIATION OF ANY SUCH CONDITION ON ANY PORTION OF THE PROPERTY
IRANSFERRED BY BORROWER TO LENDER. PRINCIPAL REDUCTIONS PURSUANT :0
THIS PARAGRAPH SHALL BE EFFECTIVE AS OF THE CATE OF TRANSFER BY
BORROWER TO LENDER OF THE PORIION OF THE PROPERTY :0 WHICH THE :-375
INCURRED FOR SUCH EXAMINAIION AND REMEDIATION I5 APPLICABLE.
If (a) Borrower shall fail to pay when due any sums payable hereunder: _.
(b) a default occurs under the Deed of Trust or under any cbligat-on secured
thereby; or (c) the property covered by the Deed of Trust or any portion
thereof or interest therein, a sold, transferred, mortgaged, assigned,
encumbered or leased, whether voluntarily or involuntarily or by operation o:
law or otherwise, other than a transfer of all or any part of the Property by
Borrower to Lender or as otherwise expressly permitted by Lender in writing.
or (d) a petition in bankruptcy is filed by Borrower or any such petition _s
initiated against Borrower which is not withdrawn or dismissedwithin sixty
(60) days after the date of filing; or (e) Borrower makes a general assignment
for the benefit of its creditors or suffers the appointment of a receiver for
all or any portion of its assets which is not dismissed within sixty (60) days
after the date of such appointment, then Lender may, at its sole option,
declare all sums owing under this note immediately due and payable.
In the event that suit be brought hereon, or an attorney be employed or
expenses be incurred to compel payment of this note or any portion of the
indebtedness evidenced hereby or to enforce any of the provisions of this
note, the undersigned promises to pay reasonable attorneys' fees and expenses.
inc '._ng but not Limited to attorneys' fees incurred in any legal or
ban. .icy proceeding or any judicial or nonjudicial foreclosure proceeding.
No previous waiver and no failure or delay by Lender in acting with
respect to the terms of this note or the Deed of Trust shall constitute a
waiver of any breach, default, or failure of condition under this note, the
Deed of Trust or the obligations secured thereby. A waiver of any term of
this note, the Deed of Trust or of any of the obligations secured thereby must
be made in writing and shall be limited to the express written terms of such
waiver.
Borrower waives presentment; demand; notice of dishonor; notice of default
or delinquency; notice of acceleration; notice of protest and non-payment;
notice of costs, expenses or losses and interest thereon; and diligence in
taking any action to collect any sums owing under this note or in proceeding
against any of the rights or interests in or to properties securing payment of
this note. Time is of the essence with respect to every provision hereof.
This note shall be construed and enforced in accordance with the laws of the
State of California, except to the extent that Federal laws preempt the laws
of the State of California, and all persons and entities in any manner
obligated under this note consent to the jurisdiction of any Federal court or
State of California court having proper venue and also consent to service of
process by any means authorized by California or Federal law. This Note and
all of its provisions, conditions, promises and covenants shall be binding in
accordance with the terms hereof upon Borrower, Lender and their respective
successors and assigns.
By:
Executive Director
(signatures continued on next page)
02/13/92
113I,.i2299;053
"Borrower"
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body
corporate and politic created under the
laws of the State of California
Bye
Chairman, Board of Directors
2-
WHEN RECORDED MAIL TO:
SPRADLING, YOCCA, CAR 4ON s RAV1i
660 Newport Center Drive
Suite 1600
Newport Beach, CA 92660
11
Attn: M. D. Talbot, Esq. I
SPA" PROVE THIS LINE FOR RECOEDEIIS USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(LONG FORM)
fhis DEED OF TRUST. —.de GeSruan- 15 , 1992 =- SAN JUAN JUAN CAPIS RANO Ca4ul Ir1Y REDEVELrOPIul AGENCY,
^eren ca to 'RUS_7
whose address is 32400 Paseo Adelanto, San Juan Capistrano, California
N—a.r no Slre.n .0 r" Sit,.
FIRST AMERICAN TITLE INSURANCE COMPANY, a CiWorma corporanon, herelncaued "q VS'EE a,c
CITY OF SAN JUAN CAPISTRANO,
herein :ailed BENEF C'.:R�
WITNESSETH: That Trustor grants to Trustee In Trust, with Power of Sale, that properly in the
City of San Juan Capistrano, County of Orange , State of Cal6or, a, descnoed as
y r Moa• la• •• P• y IDPOe.
It is mutually agreed that this Deed of Trust is subject to the terns, covenants,
conditions and agreements set forth in the Rider to Deed of 'rust attached to this
Deed of Trust and made a part hereof (the "Rider"). To the extent there are any
inconsistencies between the printed provisions of this Deed of Trust and the
Rider, the teens of the Rider shall prevail.
Together with the rano, lmla and orofiee thereof, yllbltt, however, to the rent. power and auMona, Mnln•f er perm 10 and .."famed upon SenMn
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STATE OF CALIFORNIA
COUNTY Off-
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EXHIBIT "A"
DESCRIPTION
OR -1570738
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 7 SOUTH,
RANGE 6 WEST, AND THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 7 SOUTH, RANGE 8 WEST, BOTH OF SAN BERNARDINO MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE MAY 19,
1873, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF THE STATE HIGHWAY AS DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 22, 1916 IN BOOK
281, PAGE 245 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT
BEING THE EASTERLY CORNER OF THAT CERTAIN ONE ACRE PARCEL OF LAND
CONVEYED TO GUY WILLIAMS BY DEED RECORDED SEPTEMBER 11, 1916 IN BOOK
288, PAGE 90 OF SAID DEEDS; THENCE SOUTH 51 DEGREES 111 00" EAST ALONG
SAID CENTERLINE, 251.95 FEET; THENCE SOUTH 38 DEGREES 49' 00" WEST
158.00 FEET; THENCE SOUTH 51 DEGREES 11' 00" EAST 97.00 FEET; THENCE
NORTH 38 DEGREES 49' 00" EAST 158.00 FEET TO A POINT IN THE CENTERLINE
OF SAID CALIFORNIA STATE HIGHWAY; THENCE SOUTH 51 DEGREES 11' 00" EAST
ALONG SAID CENTERLINE, 1190.58 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 600.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30 DEGREES
52' 00", AN ARC DISTANCE OF 323.23 FEET TO A POINT ON SAID CURVE, BEING
AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO OSCAR
ROSENBAUM BY DEED RECORDED DECEMBER 16, 1914 IN BOOK 265, PAGE 69 OF
SAID DEEDS; THENCE, CONTINUING ALONG SAID CENTERLINE, SOUTHERLY TO THE
NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN DEED TO CHARLES
D. SWANNER AND OTHERS, RECORDED NOVEMBER 29, 1941 IN BOOK 1121, PAGE 251
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID COURSE BEING CITED AS
"NORTH 10 DEGREES 17' WEST ALONG SAID TANGENT LINE 116.81 FEET"; THENCE,
ALONG THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED, SOUTH 67 DEGREES
33' 50" WEST 306.88 FEET; THENCE NORTH 29 DEGREES 48' WEST 360.24 FEET;
THENCE NORTH 19 DEGREES 19' 00" WEST 199.12 FEET; THENCE SOUTH 75
DEGREES 15' 40" WEST 180.19 FEET; THENCE NORTH 34 DEGREES 28' 00" WEST
165.62 FEET; THENCE NORTH 84 DEGREES 10' 20" WEST 140.43 FEET; THENCE
SOUTH 73 DEGREES 51' 20" WEST 208.66 FEET; THENCE SOUTH 16 DEGREES 11'
50" EAST 1089.10 FEET; THENCE SOUTH 44 DEGREES 51' 40" WEST 109.08 FEET;
THENCE SOUTH 19 DEGREES 50' 40" WEST 140.56 FEET; THENCE SOUTH 17
DEGREES 54' 20" EAST 503.86 FEET; THENCE SOUTH 37 DEGREES 36' 40" WEST
258.80 FEET TO A POINT IN THE NORTHEASTERLY RIGHT OF WAY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 60 -FOOT RIGHT OF WAY, AS
A-1
1-1 L
OR -1570738
CONVEYED TO THE CALIFORNIA CENTRAL RAILWAY COMPANY BY DEED RECORDED IN
BOOK 504, PAGE 305 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
5699.65 FEET, THE CENTRAL POINT OF WHICH BEARS NORTH 71 DEGREES 53' 50"
EAST; THENCE, FROM SAID POINT, NORTHWESTERLY ALONG SAID CURVE AND ALONG
THE NORTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY'S 60 -FOOT RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 1 DEGREE 59'
50", A DISTANCE OF 198.68 FEET TO A LINE TANGENT; THENCE NORTH 16
DEGREES 06' 20" WEST ALONG SAID TANGENT LINE AND ALONG THE NORTHEASTERLY
LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 60 -FOOT
RIGHT OF WAY, 2647.95 FEET TO THE SOUTHERLY CORNER OF THE SAID GUY
WILLIAMS LAND; THENCE NORTH 47 DEGREES 10' EAST ALONG THE SOUTHEASTERLY
LINE OF SAID LAND, 418.01 FEET TO THE EASTERLY CORNER OF SAID LAND AND
THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION CONVEYED TO THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY BY DEED RECORDED DECEMBER 9, 1927 IN BOOK 115,
PAGE 19 OF OFFICIAL RECORDS; THE LAND HEREIN CONVEYED CONTAINING 69.95
ACRES, MORE OR LESS.
ALSO EXCEPTING THEREFROM, THAT PORTION WITHIN THE CALIFORNIA STATE
HIGHWAY LYING NORTHEASTERLY OF COURSE "NORTH 35 DEGREES 47' WEST 304.3
FEET" IN THE DEED FROM R. Y. WILLIAMS AND OTHERS, TO OSCAR ROSENBAUM,
RECORDED DECEMBER 16, 1914 IN BOOK 265, PAGE 69 OF DEEDS.
ALSO EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE LAND
DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED
JULY 1, 1971 IN BOOK 9702, PAGE 463 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
ALSO EXCEPTING THEREFROM, A PUMPING PLANT SITE, THE WATER DEVELOPED
THEREON, THE PUMPING PLANT, AND ALL APPURTENANCES THERETO; SAID PUMPING
PLANT SITE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF THE STATE HIGHWAY HEREINABOVE
DESCRIBED, SAID POINT BEING THE EASTERLY CORNER OF SAID CERTAIN ONE ACRE
OF LAND CONVEYED TO GUY WILLIAMS; THENCE SOUTH 51 DEGREES 11' 00" EAST
ALONG SAID CENTERLINE, 364.58 FEET; THENCE SOUTH 33 DEGREES 26' 00" EAST
196.05 FEET; THENCE SOUTH 16 DEGREES 06' 00" EAST 116.01 FEET; THENCE
SOUTH 03 DEGREES 56' 00" EAST 253.31 FEET; THENCE SOUTH 13 DEGREES 19'
00" WEST 202.37 FEET; THENCE SOUTH 79 DEGREES 53' 30" WEST 32.05 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 10 DEGREES 06' 30" EAST 64.00
FEET; THENCE SOUTH 79 DEGREES 53' 30" WEST 24.00 FEET; THENCE NORTH 10
DEGREES 06' 30" WEST 64.00 FEET; THENCE NORTH 79 DEGREES 53' 30" EAST
24.00 FEET TO THE TRUE POINT OF BEGINNING.
A-2
9 •
PARCEL 2:
OR -1570738
THAT PORTION OF THE NORTH HALF OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN
THE DISTRICT LAND OFFICE, MAY 19, 1873, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 0 DEGREES 44' 00"
WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 630.73 FEET; THENCE
NORTH 88 DEGREES 43' 40" WEST 1648.31 FEET TO A POINT IN THE CENTERLINE
OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED RECORDED MARCH 22,
1916 IN BOOK 281, PAGE 245 OF DEEDS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, SAID POINT BEING NORTH 26 DEGREES 40' 00" EAST 93.28 FEET
FROM THE SOUTHWESTERLY END OF A COURSE IN SAID DEED WHICH BEARS "NORTH
26 DEGREES 40' 00" EAST 641.11 FEET", SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTERLINE TO THE
MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF DEED TO THE
STATE OF CALIFORNIA RECORDED AUGUST 12, 1957 IN BOOK 4002, PAGE 77 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTHEASTERLY AND
NORTHEASTERLY ALONG THE BOUNDARY OF SAID WAST MENTIONED LAND, TO THE
NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF DEED TO THE
STATE OF CALIFORNIA RECORDED OCTOBER 17, 1967 IN BOOK 8406, PAGE 469 OF
SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID
LAST MENTIONED LAND TO THE SOUTHWESTERLY CORNER OF SAID WAST MENTIONED
LAND, SAID CORNER BEING A POINT ON THE COURSE HEREINABOVE CITED AS
"NORTH 88 DEGREES 43' 40" WEST 1648.31 FEET"; THENCE, ALONG SAID COURSE
NORTH 88 DEGREES 43' 40" WEST TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 7 SOUTH,
RANGE 8 WEST, SAN BERN ARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
FILED IN THE DISTRICT LAND OFFICE, MAY 19, 1873, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF THE STATE HIGHWAY, AS
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 22, 1916 IN
BOOK 281, PAGE 245 OF DEEDS, SAID POINT BEING THE EASTERLY CORNER OF
THAT CERTAIN ONE ACRE PARCEL OF LAND CONVEYED TO GUY WILLIAMS BY DEED
RECORDED SEPTEMBER 11, 1916 IN BOOK 288, PAGE 90 OF DEEDS; THENCE, FROM
SAID POINT OF BEGINNING, SOUTH 51 DEGREES 11' EAST ALONG SAID CENTER
LINE, 364.58 FEET; THENCE SOUTH 33 DEGREES 26' 00" EAST 196.05 FEET;
THENCE SOUTH 16 DEGREES 06' 00" EAST 116.01 FEET; THENCE SOUTH 3 DEGREES
56' 00" EAST 253.31 FEET; THENCE SOUTH 13 DEGREES 19' 00" WEST 202.37
FEET; THENCE SOUTH 79 DEGREES 53' 30" WEST 32.05 FEET TO A POINT, SAID
POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE,
FROM SAID TRUE POINT OF BEGINNING, SOUTH 10 DEGREES 06' 30" EAST 64.00
FEET; THENCE SOUTH 79 DEGREES 53' 30" WEST 24.00 FEET; THENCE NORTH 10
A-3
0 0
OR -1570738
DEGREES 06' 30" WEST 64.00 FEET; THENCE NORTH 79 DEGREES 53' 30" EAST
24.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM, AN UNDIVIDED 149/200THS INTEREST IN AND TO THE
PUMPING PLANT SITE, THE WATER DEVELOPED THEREON, THE PUMPING PLANT, AND
ALL APPURTENANCES THERETO; SAID PUMPING PLANT SITE BEING DESCRIBED
ABOVE.
PARCEL 4:
AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF THE NORTHWEST QUARTER
OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, MAY
19, 1873, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF THE STATE HIGHWAY, AS
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 22, 1916 IN
BOOK 281, PAGE 245 OF DEEDS, SAID POINT BEING THE EASTERLY CORNER OF
THAT CERTAIN ONE ACRE PARCEL OF LAND CONVEYED TO GUY WILLIAMS BY DEED
RECORDED SEPTEMBER 11, 1916 IN BOOK 288, PAGE 90 OF DEEDS; THENCE, FROM
SAID POINT OF BEGINNING, SOUTH 51 DEGREES 11' EAST ALONG SAID CENTER
LINE, 364.58 FEET; THENCE SOUTH 33 DEGREES 26' 00" EAST 196.05 FEET;
THENCE SOUTH 16 DEGREES 06' 00" EAST 116.01 FEET; THENCE SOUTH 3 DEGREES
56' 00" EAST 253.31 FEET; THENCE SOUTH 13 DEGREES 19' 00" WEST 202.37
FEET; THENCE SOUTH 79 DEGREES 53' 30" WEST 32.05 FEET; THENCE SOUTH 10
DEGREES 06' 30" EAST 64.00 FEET; THENCE NORTH 30 DEGREES 50' 00" EAST
46.42 FEET; THENCE SOUTH 71 DEGREES 13' 40" EAST 118.61 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 84 DEGREES 10' 20"
EAST 140.43 FEET; THENCE SOUTH 34 DEGREES 28' 00" EAST 165.62 FEET;
THENCE SOUTH 75 DEGREES 16' 40" WEST 21.25 FEET; THENCE NORTH 34 DEGREES
28' 00" WEST 162.30 FEET; THENCE NORTH 84 DEGREES 10' 20" WEST 147.48
FEET; THENCE NORTH 73 DEGREES 51' 20" EAST 26.73 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 5:
AN UNDIVIDED 51/200THS INTEREST IN AND TO THE PUMPING PLANT SITE, THE
PUMPING PLANT, AND ALL APPURTENANCES THERETO, TO BE USED FOR DOMESTIC
PURPOSES UPON AND/OR TO IRRIGATE THE LAND DESCRIBED IN THE DEED FROM R.
Y. WILLIAMS AND OTHERS, TO ROBERT SCOTT AND WIFE, RECORDED OCTOBER 21,
1919 IN BOOK 344, PAGE 307 OF DEEDS; SAID PUMPING PLANT SITE BEING
DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN
BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
A-4
OR -1570738
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY LINE OF LAND DESCRIBED IN
PARCEL V OF A DECREE OF DISTRIBUTION, A CERTIFIED COPY BEING RECORDED
AUGUST 24, 1956 IN BOOK 3623, PAGE 542 OF OFFICIAL RECORDS, SAID POINT
BEING SOUTH 16 DEGREES 11' 50" EAST 275.50 FEET FROM THE MOST WESTERLY
CORNER OF SAID PARCEL V; THENCE SOUTH 16 DEGREES 11' 50" EAST 25.00
FEET; THENCE NORTH 73 DEGREES 48' 10" EAST 25.00 FEET; THENCE NORTH 16
DEGREES 11' 50" WEST 25.00 FEET; THENCE SOUTH 73 DEGREES 48' 10" WEST
25.00 FEET TO THE POINT OF BEGINNING.
PARCEL 6:
AN UNDIVIDED 51/200THS INTEREST IN AND TO THE FOLLOWING:
THE RIGHT OF WAY FOR AND THE RIGHT TO CONSTRUCT, USE, MAINTAIN, REPAIR,
REPLACE AND CHANGE THE SIZE OF AN UNDERGROUND PIPE LINE FOR THE
CONVEYANCE OF WATER FOR DOMESTIC AND/OR IRRIGATION PURPOSES OVER, UNDER
AND ACROSS A STRIP OF LAND PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN
BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF LAND DESCRIBED IN PARCEL V OF
A DECREE OF DISTRIBUTION, A CERTIFIED COPY BEING RECORDED AUGUST 24,
1956 IN BOOK 3623, PAGE 542 OF OFFICIAL RECORDS; THENCE SOUTH 16 DEGREES
11' 50" EAST 275.50 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL
V; THENCE NORTH 73 DEGREES 48' 10" EAST 22.50 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 73 DEGREES 48' 10" EAST 2.50 FEET; THENCE SOUTH
16 DEGREES 11' 50" EAST 12.50 FEET; THENCE NORTH 73 DEGREES 48' 10" EAST
2.50 FEET; THENCE NORTH 16 DEGREES 11' 50" WEST 287.97 FEET TO THE
NORTHWESTERLY BOUNDARY LINE OF SAID PARCEL V; THENCE SOUTH 73 DEGREES
51' 20" WEST 5.00 FEET ALONG SAID NORTH-WESTERLY LINE; THENCE SOUTH 16
DEGREES 11' 50" EAST 275.48 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 7:
THAT PORTION OF THE NORTH HALF OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN
THE DISTRICT LAND OFFICE, MAY 19, 1873, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF THE STATE HIGHWAY, AS
DESCRIBED IN DEED RECORDED MARCH 22, 1916 IN BOOK 281, PAGE 245 OF
DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WHICH POINT BEARS SOUTH 26
DEGREES 40' 00" WEST 100.24 FEET FROM THE NORTHEASTERLY TERMINUS OF A
COURSE IN SAID DEED CITED AS "NORTH 26 DEGREES 40' 00" EAST 641.11
FEET"; THENCE, ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
700.00 FEET, THROUGH A CENTRAL ANGLE OF 36 DEGREES 57' 00", AN ARC
A-5
OR -1570738
DISTANCE OF 451.43 FEET TO THE INTERSECTION WITH SAID CENTERLINE;
THENCE, ALONG SAID CENTERLINE, SOUTH 10 DEGREES 17' 00" EAST 100.24 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF
400.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 36 DEGREES 57' 00", AN ARC DISTANCE OF 257.96 FEET TO SAID
NORTHEASTERLY TERMINUS; THENCE, ALONG SAID COURSE SOUTH 26 DEGREES 40'
00" WEST 100.24 FEET TO THE POINT OF BEGINNING -
A -6
• EXHIBIT "A" •
OR -1572609
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF SAN JUAN CAPISTRANO, DESCRIBED AS FOLLOWS:
PARCEL A: HOMESTEAD TRACT.
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 7 SOUTH,
RANCH 8 WEST, AND THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 7 SOUTH, RANGE 8 WEST, BOTH OF SAN BERNARDINO MERIDIAN,
ACCORDING TO THAT OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE MAY
19, 1873, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF THE STATE HIGHWAY, AS
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 22,
1916 IN BOOK 281, PAGE 245 OF DEEDS, RECORDS OF ORANGE COMM,
CALIFORNIA, SAID POINT BEING THE EASTERLY CORNER OF THAT CERTAIN ONE
ACRE PARCEL OF LAND CONVEYED TO GUY WILLIAMS BY DEED RECORDED SEPTEMBER
11, 1916 IN BOOK 288, PAGE 90 OF SAID DEEDS; THENCE SOUTH 31 DEGREES 11'
00" EAST ALONG SAID CENTERLINE 251.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 38 DEGREE 49' 00" WEST 158.00 FEET; THENCE SOUTH
51 DEGREES 11' 00" EAST 97.00 FEET; THENCE NORTH 36 DEGREES 49' 00" EAST
158.00 FEET TO A POINT IN THE CENTERLINE OF SAID CALIFORNIA STATE
HIGHWAY; THENCE NORTH 51 DEGREES 11' 00" WEST 97.00 FEET ALONG THE
CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY TO THE TRUE POINT OF
PARCEL B: CHRISTMAS TREE TRACT.
THE FOLLOWING DESCRIBED TWO (2) PARCELS OF LAND OUT OF SECTIONS 25 AND
36, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN ORANGE
COUNTY, CALIFORNIA:
PARCEL B-1:
THOSE PORTIONS OF SECTIONS 25 AND 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST,
SAN BERNARDI= BASE AND MERIDIAN, AND THAT PORTION OF LOT 6 OF TRACT NO.
112, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 12 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID LOT 6
WITH A LINE PARALLEL WITH AND DISTANT 40.00 FEET NORTHEASTERLY, MEASURED
AT RIGHT ANGLES, FROM THE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY,
AS DESCRIBED IN THE DEED RECORDED MARCS 221 1916 IN BOOK 261, PAGE 245
OF DEEDS, RECORDS OF SAID COUNTY;
A-1
OR -1572609
THENCE SOUTH 51 DEGREES 11' 00" EAST, 131.98 FEET ALONG SAID PARAI•LEL
LINE TO THE NORTHWESTERLY LINE OF THAT CERTAIN 20.00 -FOOT WIDE STRIP OF
LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 30,
1934 IN BOOR 660, PAGE 483 OF OFFICIAL RECORDS; THENCE NORTH 38 DEGREES
49' 00" EAST, 10.00 FEET TO THE MOST NORTHERLY CORNER OF SAID 20.00 FOOT
WIDE STRIP OF LAND; THENCE SOUTH 31 DEGREES 11' 00" EAST 921.91 FEET TO
THE MOST EASTERLY CORNER OF SAID 20.00 FOOT WIDE STRIP OF LAND; THENCE
NORTH 38 DEGREES 49' 00" EAST, 14.76 FEET ALONG THE NORTHEASTERLY
PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID STRIP OF LAND; THENCE
NORTH 38 DEGREES 49' 01" WEST, 293.39 FEET; THENCE NORTH 46 DEGREES 20'
54" WEST, 368.64 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 2870.00 FEET, A RADIAL LINE TO THE
CENTER OF SAID CURVE BEARS SOUTH 40 DEGREES 32' 45' WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 DEGREE 43'
45", A DISTANCE OF 86.62 FEET; THENCE TANGENT TO SAID CURVE NORTH 51
DEGREES 11' 00" WEST, 680.35 FEET; THENCE SOUTH 38 DEGREES 49' 00" WEST,
108.21 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 2560.00 FEET, A RADIAL LINE TO THE
CENTER OF SAID CURVE BEARS NORTH 44 DEGREES 18' 37" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES 29'
37", A DISTANCE OF 245.46 FEET TO THE POINT OF TANGENCY WITH THE FIRST
HEREIN MENTIONED PARALLEL LINE: THENCE SOUTH 51 DEGREES 11' 00" EAST,
131.89 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION DEEDED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT, DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 170 FEET WIDE, IN THOSE PORTIONS OF SECTIONS 25 AND 36,
TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO
THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, AS
DESCRIBED IN THE DEED TO CHARLES R. WILLIAMS, RECORDED JULY 12, 1961 IN
BOOR 5782, PAGE 373 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID STRIP LYING 85.00 FEET ON EACH SIDE OF A
LINE HAVING A BEARING OF NORTH 5 DEGREES 17' 04" EAST AND PASSING
THROUGH A POINT OF THE CENTER LINE OF THAT CERTAIN STRIP OF LAND, 60
FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH
22, 1916 IN BOOK 281, PAGE 245 OF DEEDS, IN THE OFFICE OF SAID COUNTY
RECORDER, SAID BEING DISTANT ALONG SAID CENTER LINE NORTH 51 DEGREES Il'
00" WEST, 267.98 FEET FROM A LEAD AND TACK MARKING THE NORTHERLY
TERMINUS OF THAT CERTAIN -CURVE CITED AS HAVING A RADIUS OF 800 FELT, A
CENTRAL ANGLE OF 40 DEGREES 54' AND AN ARC LENGTH OF 571.07 FEET IN THE
CENTER LINE OF THAT CERTAIN STRIP OF LAND, 60 FEET WIDE, DESCRIBED IN
DEED TO THE STATE OF CALIFORNIA, RECORDED JAMMY 24, 1925, IN BOOK 5571
PAGE 305 OF SAID DEEDS.
A-2
0 0
OR -1572609
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THAT CERTAIN STRIP OF LAND,
100 FEET WIDE, DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT, RECORDED AUGUST 27, 1937 IN BOOK 898, PAGE 576 OF SAID
OFFICIAL RECORDS.
PARCEL B-2:
A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITY AND PIPE LINE PURPOSES
INCLUDING THE RIGHT TO REPLACE, REMOVE, REPAIR AND MAINTAIN SAID PIPE
LINE OR LINES OVER, THROUGH, UNDER AND ALONG THAT PORTION OF LOT 6 OF
TRACT NO. 112, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 12 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID IAT 6
WITH A LINE PARALLEL WITH AND DISTANT 40.00 FEET NORTHEASTERLY, MEASURED
AT RIGHT ANGLES FROM THE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY, AS
DESCRIBED IN A DEED RECORDED MARCH 22, 1916 IN BOOK 281, PAGE 243 OF
DEEDS; THENCE NORTH 51 DEGREES 11' 00" WEST 131.89 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2360.00
FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
5 DEGREES 29' 37" A DISTANCE OF 245.46 FEET, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE NORTH 38 DEGREES 49' 00" EAST 108.21 FEET;
THENCE NORTH 31 DEGREES 11' 00" WEST 5.00 FEET; THENCE SOUTH 38 DEGREES
49' 00" WEST 107.73 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 2560.00 FELT, A RADIAL LINE THROUGH
SAID POINT BEARS SOUTH 44 DEGREES 25' 22" WEST; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 DEGREES 06' 45" A DISTANCE
OF 5.03 FEET TO THE TRUE POINT OF BEGINNING.
A-3
THIS RIDER is attached to and forms a part of that
certain Deed of Trust with Assignment of Rents made
1992 between SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body corporate and politic
created under the laws of the State of California, as Trustor,
FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, as Trustee, and the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation organized and existing under the laws of
the State of California, as Beneficiary.
The said Deed of Trust is hereby modified/supplemented
(and as modified/supplemented is hereinafter referred to as
"this Deed of Trust") in the following particulars only:
A. PARTIAL RELEASE_ AGREEMENT.
1. Promptly, upon request, Beneficiary shall cooperate
with Trustor and/or shall execute and/or cause Trustee to
execute:
1.1 Certificates consenting to the preparation and
recordation of a plan dividing the described property, or any
portion thereof, as Trustor shall request, provided such
division is approved by Beneficiary, which approval shall not
be unreasonably withheld, together with certificates on any
such plan or separate instruments to make dedications or offers
of dedication required by the applicable governmental
authorities for such subdivision;
1.2 Consents and/or partial releases and
reconveyances with respect to the grant of easements to public
and/or private utility companies required to provide utility
services to improvements constructed on or to be constructed on
the described property or within the right of way of any street
shown on a recorded subdivision plan; and
1.3 Documents that may be required in connection with
obtaining any governmental approval, permit and/or consent,
zone change, variance, conditional use permit, environmental
impact report or similar matter.
1.4 Any portion of the described property released
for the purpose of dedication for streets, highways and/or
rights of way shall be without payment of compensation to
Beneficiary.
2. Beneficiary shall cause Trustee to execute partial
releases and reconveyances of any one or more portions of
0
P
the described real property which need not be contiguous with a
previously released portion, from the lien of this Deed of
Trust upon satisfaction of each of the following conditions
precedent:
2.1 No release shall be had or will be given if an
unrescinded Notice of Default then appears of record.
2.2 Trustor shall have delivered to Trustee and
Beneficiary written demand for any release of a portion of the
described property encumbered by the lien of this Deed of
Trust, which demand shall contain a legal description
identifying the portion to be released; provided, however, that
the foregoing shall be deemed to have occurred with respect to
portions of the property conveyed by Trustor to Beneficiary
when Trustor executes, acknowledges and delivers a grant deed
to Beneficiary for any such portion of the described property.
2.3 Trustor shall not be in default under any term or
condition of the Promissory Note Secured by Deed of Trust which
this Deed of Trust secures.
2.4 Trustor shall concurrently convey to Lender title
to the portion of the property to be released from the lien of
this Deed of Trust.
2.5 Trustor shall also pay all costs and fees in
connection with the releases.
B.
Beneficiary agrees, upon request, to execute or cause
Trustee to execute certificates consenting to the preparation
and recordation of a parcel or tract map ("Parcel Map")
creating a new parcel or parcels comprised of the real property
secured by this Deed of Trust alone or together with adjacent
other real property provided and only if each of the following
conditions are satisfied:
1. Trustor delivers to Beneficiary for recordation
concurrently with the recordation of said parcel or tract map a
new deed of trust (the "New Deed of Trust"), duly executed and
acknowledged, to be recorded against all the real property
described in the parcel or tract map for the purpose of
securing the unpaid balance of principal and accrued interest
of the note presently secured by this Deed of Trust, less any
portion of the property conveyed by Trustor to Beneficiary.
Concurrently with recordation of said New Deed of Trust,
Beneficiary shall reconvey this Deed of Trust.
2. Unless waived by Beneficiary in writing, Trustor shall
deliver to Beneficiary an ALTA lender's policy of title
insurance issued by a reputable title company of Beneficiary's
01/22/92
1133q/2299/053 -2-
•
0
selection, in the amount of the note secured by the New Deed of
Trust, insuring Beneficiary's New Deed of Trust in a first lien
position against the real property described in the New Deed of
Trust subject only to:
(i) Non-deliquent general and special real
property taxes and assessments;
(ii) Easements, covenants, conditions restrictions,
reservations, rights of way and other matters of
whatever kind or nature which are of record on the
date of recordation of this Deed of Trust, or which
Beneficiary has previously approved in writing.
(iii) The standard printed exceptions and exclusions
contained in the ALTA policy.
3. No unrescinded Notice of Default then appears of
record.
C. MISCELLANEOUS.
1. If any provision of this Rider or the application
thereof to any person or circumstance shall be invalid or
unenforceable to any extent, the remainder of said Rider and
the application of such provisions to other persons or
circumstances shall not be affected thereby and shall be
enforced to the extent permitted by law.
2. Should it be necessary for any party to commence an
action at law or in equity against the other to enforce the
terms of this Rider set forth herein, the prevailing party
shall have a right to judgment against the losing party for
reasonable attorneys' fees and costs as set by the court,
together with such other relief as may be appropriate.
3. This Rider shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
executors, legal representatives, successors and assigns.
4. The agreements contained herein represent the entire
agreement between the parties hereto with respect to the
subject matter dealt with herein. No variation, modification,
or change herein or hereof shall be binding upon any party
hereto unless set forth in a document fully executed by or on
behalf of such party.
In the event that the property described herein, or
any part of said property or any interest therein, is sold or
it is agreed that it will be sold, conveyed, leased with option
to purchase, or alienated whether voluntarily or by operation
01/22/92
1133q/2299/053 -3-
of law or otherwise, then at the option of Beneficiary, and
without demand or notice, all obligations secured by this
instrument shall immediately become due and payable.
IN WITNESS WHEREOF the undersigned have executed this
Rider to Deed of Trust the day and year first above written.
By:
Executive Director
Approved as to form:
Stradling, Yocca, Carlson
& Rauth, Special Counsel
Approved as to form:
City Attorney
01/22/92
1133q/2299/053
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public
body corporate and politic created
under the laws of the State of
California
By:
Chairman, Board of Directors
"Trustor"
ATTEST:
City Clerk
Agency Secretary
CITY OF SAN JUAN CAPISTRANO, a
municipal corporation organized
and existing under the laws of the
State of California
By:
Mayor
ATTEST:
City Clerk
-4-
"Beneficiary"
0
STATE OF CALIFORNIA
ss.
COUNTY OF
E
On this day of
in the year before me, the undersigned, a Notary Public
in and for said State, personally appeared
personally known to me
(or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument as the
of the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY and
acknowledged to me that the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY executed it.
Signature of Notary Public
Name typed or printed
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this day of ,
in the year before me, the undersigned, a Notary Public
in and for said State, personally appeared
personally known to me
(or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument as the
of the CITY OF SAN JUAN CAPISTRANO and acknowledged to me that
the CITY OF SAN JUAN CAPISTRANO executed it.
Signature of Notary Public
Name typed or printed
01/22/92
1133q/2299/053 -5-
M
February 20, 1992
0
Mrs. Denise Hering, Attorney at Law
Stradling, Yocca, Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Re:
Dear Denise:
Enclosed are certified copies of the following documents which were approved by
the City Council and Community Redevelopment Agency Board on February 18,
1992:
1. City Agency Loan Agreement - San Juan Capistrano
Central Redevelopment Project, which includes the
Promissory Note and Deed of Trust as attachments;
2. San Juan Capistrano Community Redevelopment Agency
Resolution No. CRA 92-2-18-1;
3. San Juan Capistrano City Council Resolution No.
92-2-18-4.
I will continue to hold the original Promissory Note and Deed of Trust until the
property has been acquired. If you need any other information or need me to do
anything else at this point just let me know.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: David Bentz
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
•—�J
MEMBERS OF THE CITY COUNCIL
JERRY HARRIS
KENNETH E FRIESS
(��'
GARY L HAUSDORFER
m[oMroalllV
1961
GIL JONES
'ttralu5xm
1776
JEFF VASQUEZ
//��
CITY MANAGER
'0 _
STEPHEN B JULIAN
Mrs. Denise Hering, Attorney at Law
Stradling, Yocca, Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Re:
Dear Denise:
Enclosed are certified copies of the following documents which were approved by
the City Council and Community Redevelopment Agency Board on February 18,
1992:
1. City Agency Loan Agreement - San Juan Capistrano
Central Redevelopment Project, which includes the
Promissory Note and Deed of Trust as attachments;
2. San Juan Capistrano Community Redevelopment Agency
Resolution No. CRA 92-2-18-1;
3. San Juan Capistrano City Council Resolution No.
92-2-18-4.
I will continue to hold the original Promissory Note and Deed of Trust until the
property has been acquired. If you need any other information or need me to do
anything else at this point just let me know.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: David Bentz
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
0
0
AZZAWLU'11UN NU. `1L -L -18-j. HPIGNUIRG141 WE C1Jl.l1L
BUDGET. 1991-92 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE AUTHORIZED EXPENDITURES AND APPROPRI-
ATIONS RELATED THERETO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution authorized expenditures in the amount of
$19,815,513 for the year ending June 30, 1992.
DIRECTOR OF ADMINISTRATIVE SERVICES
1.
Management. Inc.) (660.30)
Written Communication:
Report dated February 18, 1992, from the Director of Adminis-
trative Services, advising that the Administrative Services
Department wished to update the financial software package
from Mission Management, Inc,. (MMI) to modify the budget
program and personnel/payroll system. The proposed software
package would automate many time-consuming tasks which are
presently performed manually and result in more efficient
financial reporting.
Approval of Consulting Services Agreement:
It was moved by Councilman Vasquez, seconded by Councilman
Hausdorfer, and unanimously carried that the Consulting
Services Agreement with MMI be approved, for a not -to -exceed
amount of $15,000, for the implementation of updated finance,
budget, and personnel software. Funds were allocated in the
1991-92 budget.
FYI. • ' • � •
9
Written Communication:
Report dated February 18, 1992, from t e Director of Adminis-
trative Services, advising that the loan agreement and
investment of bond proceeds was limited to a 3 -year period
-9-
2/18/92
of time. The transaction would allow the Redevelopment
Agency to use its powers of assembling land in acquisition
of the Swanner parcels for the ultimate benefit of the Open
Space Program.
Approval of Loan Agreement and Authorization of Bond
Proceeds:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-2-18-4. AUTHORIZING EXECUTION
DELIVERY OF LOAN AGREEMENT AND AUTHORIZING
INVESTMENT OF BOND PROCEEDS (SWANNER) - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT WITH THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND
AUTHORIZING THE INVESTMENT OF BOND PROCEEDS
PURSUANT THERETO (SWANNER)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution authorized the investment of $7,200,000 of
bond proceeds in the Agency's Note at 12% for three years.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10
Written Communication:
Report dated February 18, 1992, from the Director of Planning
Services, advising that four new development applications
were received by the City since the last report of
January 21, 1992.
With the consensus of Council, Mayor Jones ordered the Report
received and filed.
FACILITIES (530.20)
Written Communication:
Report dated February 18, 1992, from the Director of Planning
Services, recommending an amendment to the Municipal Code be
=t+j=
2/18/92
0
AGENDA ITEM:
February 18, 1992
TO: Stephen B. Julian, City Manager
FROM: David P. Bentz, Director of Administrative Services
SUBJECT: Resolution Approving Loan Agreement with the Community
Redevelopment Agency and Authorizing the Investment of Bond Proceeds
RECOMMENDATION:
By motion, adopt resolution
SITUATION:
The Redevelopment Agency adopted a Redevelopment Plan for the Central Project under
Health and Safety Code Section 33000 and the City adopted several ordinances approving
and amending the Plan. Under the redevelopment plan the City shall aid and cooperate
with the Agency in carrying out the Project.
This loan agreement and investment of Bond Proceeds is limited to a three year time
period at an interest equal to that paid by the State of California Local Agency
Investment Fund.
The purpose of this transaction is to allow the Redevelopment Agency to use its powers
of assemblying land in acquisition of the Swanner parcels and the ultimate use of these
parcels for the benefit of the Open Space Program.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
N/A
FINANCIAL CONSIDERATIONS:
All costs for the Swanner Acquisition will be paid from bond proceeds.
NOTIFICATION:
Stradling, Yocca, Carlson and Rauth
ALTERNATE ACTIONS:
1. Adopt Resolution.
2. Request additional information from staff.
FOR CITY COUNCIL. AGEND�„1
AGENDAITEM -2- February 18, 1992
RECOMMENDATION:
By motion, adopt resolution
Respectfully submitted,
A4?d �Pfn z
DPB.ja
RESOLUTION NO. 92-2-18-4
APPROVING EXECUTION AND
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT WITH THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND
AUTHORIZING THE INVESTMENT OF BOND PROCEEDS
PURSUANT THERETO (SWANNER)
WHEREAS, the City of San Juan Capistrano (the "City") has heretofore issued
its $4,995,000 Series 1990 General Obligation Bonds (Open Space Program) on August 23,
1990, and its $6,955,000 Series A of 1992 General Obligation Bonds (Open Space Program)
on February 4, 1992 (collectively, the "Bonds"); and,
WHEREAS, the City is authorized pursuant to the terms of Resolution No.
90-6-19-7 adopted on June 19, 1990 and Resolution No. 91-12-3-8 of the City adopted on
December 3, 1991, respectively, to invest the proceeds of the Bonds in obligations of a
local governmental agency; and,
WHEREAS, the City has determined it prudent at this time to invest not to
exceed $7,200,000 of Bond proceeds in a note of the San Juan Capistrano Community
Redevelopment Agency at an interest rate per annum not to exceed 12 percent for a
period of 3 years from the date of such investment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. The promissory note (the "Note") and loan agreement
(the "Loan Agreement") evidencing Agency indebtedness to the City are hereby approved
in substantially the forms set forth in Attachments "A" and "B", respectively, attached
hereto and incorporated herein by reference, with such changes as may hereafter be
approved by Bond Counsel and the City's Finance Director, execution of such documents
being conclusive evidence of the City's approval of such changes.
-1-
SECTION 2. The City's City ,Manager and Finance Director are
hereby authorized and directed to execute and deliver to the Agency the Loan
Agreement and not to exceed $7,200,000 in Bond proceeds on behalf of the City of San
Juan Capistrano.
PASSED, APPROVED, AND ADOPTED this
of February , 1992.
ONES, MAYOR
ATTEST:
CITY CLERK �—
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
18th
day
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 92-2-18-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 18th day
Of February , 1992, by the following vote:
AYESs Councilmen Friess, Hausdorfer, Harris, Vasquez and
Mayor Jones
NOES, None
ABSTAIN: None
ABSENT: None
(SEAL)
C RYL JOHN N, CXrY CLERK
-2-
0
RESOLUTION NO. 92-2-18-4
EXECUTION AND DELIVERY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT WITH THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND
AUTHORIZING THE INVESTMENT OF BOND PROCEEDS
PURSUANT THERETO (SWANNER)
WHEREAS, the City of San Juan Capistrano (the "City") has heretofore issued
its $4,995,000 Series 1990 General Obligation Bonds (Open Space Program) on August 23,
1990, and its $6,955,000 Series A of 1992 General Obligation Bonds (Open Space Program)
on February 4, 1992 (collectively, the "Bonds"); and,
WHEREAS, the City is authorized pursuant to the terms of Resolution No.
90-6-19-7 adopted on June 19, 1990 and Resolution No. 91-12-3-8 of the City adopted on
December 3, 1991, respectively, to invest the proceeds of the Bonds in obligations of a
local governmental agency; and,
WHEREAS, the City has determined it prudent at this time to invest not to
exceed $7,200,000 of Bond proceeds in a note of the San Juan Capistrano Community
Redevelopment Agency at an interest rate per annum not to exceed 12 percent for a
period of 3 years from the date of such investment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. The promissory note (the "Note") and loan agreement
(the "Loan Agreement") evidencing Agency indebtedness to the City are hereby approved
in substantially the forms set forth in Attachments "A" and "B", respectively, attached
hereto and incorporated herein by reference, with such changes as may hereafter be
approved by Bond Counsel and the City's Finance Director, execution of such documents
being conclusive evidence of the City's approval of such changes.
-1-
E
SECTION 2. The City's City Manager and Finance Director are
hereby authorized and directed to execute and deliver to the Agency the Loan
Agreement and not to exceed $7,200,000 in Bond proceeds on behalf of the City of San
Juan Capistrano.
PASSED, APPROVED, AND ADOPTED this 18th day
of February , 1992.
C ONES, MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 92-2_lg_4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 18th day
Of February , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
C�YL JOHNSON, My CLERK
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