SAN JUAN CAPISTRANO, CITY OF (3)REAL PROPERTY PARTITION AGREEMENT
THIS REAL PROPERTY PARTITION AGREEMENT (this "Agreement") is entered
into this J6� day of April , 1997, 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").
RECITAL
The following recitals are a substantive part of this Agreement.
A. On or about March 5, 1991, Agency purchased from Kinoshita Properties
("Kinoshita") an approximately 56.45 acre parcel of real property (the "Site") located in the City
of San Juan Capistrano and more particularly described in the Site Plan attached hereto as
Attachment No. 1 and incorporated herein.
B. Concurrent with the Agency's purchase of the Site from Kinoshita, Agency and
City entered into an Agreement for Sale of Property which provided, among other things, for the
purchase by City from Agency of a four-fifths (4/5) undivided interest in the Site. Agency and
City currently hold title to the Site as tenants-in-common, with Agency owning a one-fifth (1/5)
undivided interest and City owning a four-fifths (4/5) undivided interest.
C. As envisioned by Agency and City at the time they entered into the Agreement for
Sale of Property, Agency now desires to sell an approximately seven (7) acre portion of the Site
to the Capistrano Unified School District (the "School District") for development and use as an
elementary school.
D. In order to effectuate the sale of a portion of the Site by the Agency to the School
District, Agency and City now desire to partition their undivided interests in the Site as follows:
(i) Agency desires to convey to the City its one-fifth (1/5) undivided interest in that approximately
forty-nine and twenty-one hundredths (49.21) acre portion of the Site (the "City Parcel"); (ii)
City desires to convey to Agency its four-fifths (4/5) undivided interests in that approximately
seven and twenty-four hundredths (7.24) acre portion of the Site (the "Agency Parcel").
NOW, THEREFORE, Agency and City hereby agree as follows:
1. Partition of the Site. (i) Agency shall convey to the City Agency's one-fifth (1/5)
undivided interest in that approximately forty-nine and twenty-one hundredths (49.21) acre
portion of the Site (the "City Parcel") more particularly described in the City parcel Legal
Description attached hereto as Attachment No. 2 and incorporated herein, and (ii) City shall
simultaneously convey to Agency its four-fifths (4/5) undivided interest in that approximately
seven and twenty-four hundredths (7.24) acre portion of the Site (the "Agency Parcel") more
particularly described in the Agency Parcel Legal Description attached hereto as Attachment No.
3 and incorporated herein.
c:\wpwin60\wp&cs\cusd\partitio.agr -1- 04/10/97
2. Recordation of Grant Deeds. Agency and City shall effectuate the above-
described partition of the Site through the simultaneous recordation with the Recorder of Orange
County, California appropriate grant deeds.
3. Parcel Values. The parties have obtained and examined an appraisal of the Site
and hereby agree, on the basis of such appraisal and of further investigation by each party, that the
value of the City Parcel is equivalent to four-fifths (4/5) of the total value of the Site and the value
of the Agency Parcel is equivalent to one-fifth (1/5) of the total value of the Site.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
CITY:
CITY OF SAN JUAN CAPISTRANO, a
California mumci corporation
By:cn`-
David M. Swefdlin, Mayor
ATTEST:
By:
Cheryl Joh on, Ofty Clerk
APPROVE AS TO FORM:
B.
Joh .Saw, City Attorney
AGENCY:
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body
corporate and otitic
By:
Wyatt H , Chairman
A EST:
Cheryl John n, 4ency Secretary
APPROVED AS TO FORM:
Joh R. Shaw, Agency Counsel
a\"p in604pdocs\cusd\patitio.agr -2- 04/10/97
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ATTACHMENT 1 (Page 1 2)
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• ATTACHMENT "1" (Page 2 o
EXHIBIT "A"
DESCRIPTION OF PROPERTY
The East 60 acres of all that portion of the
hereinafter described land lying Easterly of the
center line of McKinley Avenue, as described in the
Deed recorded February 17th, 1897 in Book 29, Page 389
of Deeds.
Beginning at a stake at the Southeast corner of the
Northeast quarter of Section 11, Township 8 South,
Range 8 West, San Bernardino Base and Meridian; thence
North 69 1/2 deg. West 37.52 chains to a fence corner;
thence South 20 1/2 deg. West 35.26 chains; thence
East 38.97 chains to a pipe; thence South 9 links to a
pipe in the center of the West end of a lane; thence
East 1/2 deg. South 28.53 chains to a stake in the
center of said lane; thence North 20.82 chains; thence
West 20 chains to the point of beginning.
Excepting therefrom that portion included within the
land described in the Deed to the City of San Juan
Capistrano recorded February 17, 1976 in Book 11648,
Page 1825 of Official Records.
And excepting therefrom any crops growing on the land
at the date of recordation of the Deed of the San Juan
Capistrano Community Redevelopment Agency.
03/04/91
9388r/2299/37
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AT
CITY PARCEL LES
c:\wpwin60\wpdom\cusd\paititio.aB -4- 04/10/97
Legal Description: PARCEL 1
The easterly 60 acres of Parcel "L" per a map recorded in book 2, page 38 of surveys in the county
recorders office of Orange County, California as shown on Record of Survey No. 97-1020, in the
city of San Juan Capistrano, County of Orange, State of California, except the following described
parcel:
PARCEL A.
Beginning at a 1" iron pipe at the most northwesterly comer of said easterly 60 acres; thence
S69deg.14'53'E 629.88' along the northerly line of said Parcel "L" to a 2" iron pipe at an angle
point in said northerly line; thence S89deg.19'49'B 194.11' along said northerly line; thence
leaving said line S Odeg.40' 11" W 9.25' to the beginning of a non tangent curve concave to the
southeast having a radius of 264.75', to which point a radial line bears N 0deg.40' 1 I "E; thence
southwesterly along said curve through a central angle of 71deg.03'30" an arc distance of 328.34';
thence on a tangent line S 19deg.36'41" W 104.91' to the beginning of a tangent curve concave to
the northwest having a radius of 235.25'; thence southwesterly along said curve through a central
angle of 70deg.20' 17" an arc distance of 288.80' to the beginning of a reverse curve concave to the
southeast having a radius of 264.75'; thence southwesterly along said reverse curve through a
central angle of 90deg.00'00" an arc distance of 415.87' to a radial line of said curve which bears
S89deg.56'58"W; thence on the prolongation of said radial 8.58' to the westerly lime of the easterly
60 acres of said Parcel "L"; thence N Odeg.03'02'W 930.68' along the westerly line of said
easterly 60 acres to the point of beginning. Containing 7.25 acres more or less.
Also excepting that portion as conveyed to the City of San Juan Capistrano as per deed recorded in
Book 11648, Pages 1825 to 1829, of Official Records, County of Orange, California described as
follows: PARCEL B.
Beginning at the intersection of the westerly right of way line of Alipaz Street, 40.00 feet in width,
as described in an Easement Deed to the County of Orange, recorded February 15, 1949 in Book
1801, Page 445 of Official Records of said Orange County, with the northerly right of way line of
Camino Del Avion, 40.00 feet in width, as described in an Easement Deed to the County of
Orange, recorded September 28,1948 in Book 1704, Page 471 of Official Records of said Orange
County; thence N 88deg.01'05'W 64.03' along said northerly right of way line to a point on a non -
tangent curve concave westerly and having a radius of 1210.00', a radial line to said point bears
S65deg.46'36"E; thence northerly along said curve through a central angle of 8deg.57'23" an arc
distanceof 189.15' to a point on the said westerly right of way line of Alipaz Street, a radial line
to said point bears S74deg.43'59"E; thence S Odeg03'02'E 180.06' along said westerly right of
way line to the point of beginning. Containing 0.12 acres more or less.
See Exhibit "1" attached hereto.
Prepared by.
�; LAND Su9 Golden Triangle Land Surveying Inc.
BRUCE G. HALL
GFL 811 Hitching Post Rd.
Vista, Cah&mia 92083
eKp 9_3e T� a 619-631-0104,
No. 4743 ��g� `�-2� 97
F OF C A��F� Bruce G. Hall
PLS 4743
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ALIPAZ
Attachment "1" (Page 1 of 3)
April 4. '1997 10:44 AM From: Bralall Fax #: 714-M-4380 Pagle)f 2
Legal Description: Parcel A
That portion of the easterly 60 acres of Parcel "L" per a map recorded in book 2, page 38 of surveys in the
county recorders office of Orange County, California as shown on Record of Survey No. 97-1020, in the city
of San Juan Capistrano, County of Orange, State of California, described as follows:
Beginning at a 1" iron pipe at the most northwesterly comer of said easterly 60 acro; thence S 69deg. 14' 53"
E 629.88' along the northerly line of said Parcel "L" to a 2" von pipe at an angle point in said northerly line:
thence S 89deg. 19'49" E 194.11' along said northerly line; thence leaving said line S Odeg. 40'l 1 " W 9.25' to
the beginning of a non tangent curve concave to the southeast having a radius of 264.75', to which point a
radial lure bears N Odeg.40' 11" E; thence southwesterly along said crave through a central angle of
71deg.03'30" an am distance of 328.34'; thence on a tangent lime S 19deg.36'4I- W 104.91' to the beginning
of a tangent curve concave to the northwest having a radius of 235.25'; thence southwesterly along said cave
through a central angle of 70deg.20' 1 T' an arc distance of 288.80' to the beginning of a reverse curve concave
to the southeast having a radius of 264.75'; thence southwesterly along said reverse curve through a central
angle of 90deg.00'00" an arc distance of 415.87' to a radial line of said curve which bears N 89deg.56'58" E;
thence on the prolongation of said radial 8.58' to the westerly line of the easterly 60 acres of said Parcel "L";
thence N Odeg.03'02"W 930.68' along the westerly line of said easterly 60 acres to the point of beginning.
Containing 7.24 acres more or less.
c^e Exhibit "A" attached hereto.
Attachment "1" (Page 2 of 3)
Atta*--nt (1" (Page 3 of 3)
A/07 TO SCALE
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