08-0312_J.F. SHEA CO., INC_Grant Deed_2008000115290ra._rcC.,, . _ _..qD 3V •
,uv
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
APN: 4 1 -4c.( --o3 (04f-4Le-04
This Documentelectronically recorded by
First Amer National Commercial
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
NO FEE
2008000115290 12:13pm 03/12/08
117 92 G02 7
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
[SPACE ABOVE FOR RECORDER'S USE ONLY]
GRANT DEED—OPEN SPACE
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
This transfer is exempt from documentary Transfer Tax pursuant to Revenue & Taxation
Code Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, J.F.
SHEA CO., INC. ("Grantor") hereby grants to the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, for open space purposes, including, but not limited to, roads, agricultural
uses, equestrian trails and equestrian facilities, parks and recreational facilities associated with
the open space use (collectively, the "Use Restrictions'), the real property located in the City of
San Juan Capistrano, County of Orange, State of California, that is described on "Exhibit A"
attached hereto and incorporated herein by reference, together with all rights appurtenant thereto,
including, but not limited to, onsite and offsite wells and water rights, oil, gas, minerals,
easements and profit.
By its execution of the Certificate of Acceptance below, the City of San Juan Capistrano
agrees to the Use Restrictions set forth herein and agrees that Grantor shall have the right to
enforce such Use Restrictions by any remedy available at law or in equity.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth
below.
GRANTOR:
J. F. SHEA CO., INC.,
a Nevad po n
By:
Name. G '
Its: deo
/ R
Dated: March 10, 2008
LFi�11�S J��LGp„�wrF^'�`a'%
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EXHIBIT A
LEGAL DESCRIPTION
[To be provided during escrow]
0
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STATEOF CAitr-,D + IA )
COUNTY
- .E
OF L & Arj&c S )
On ' )� 4 1 O 2008, before me, V I IUN t C L� eE
Notary Public, personally appeared
�o €SE�2Z P-- PA-LAL- lam b s tr c - y
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-i&/arc
subscribed to the within instrument and acknowledged to me that-iiekshe/they executed the same
in hi&4w/their authorized capacity(ies), and that by-Itif�r/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
MANNIE
foregoing paragraph is true and correct. nion L. 15E
Commissbn # 1565362
4-s Notary Public - Cailfomlo
WITNESS my hand and official seal. Los Angeles county
My Comm. Expires Mar 28, 2009
Signature (Seal)
CERTIFICATE OFACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated
, 2008, from, J. F. Shea Co., Inc. to the City of San Juan Capistrano, a public entity, is
hereby accepted by the undersigned officer or agent on behalf of the City of San Juan
Capistrano, pursuant to authority conferred by approval of the City Council for the City of San
Juan Capistrano, and the grantee consents to recordation thereof by its duly authorized officer.
DATED: 2008 CITY OF SAN JUAN CAPISTRANO
Lo
Attest:
By:
City Clerk
City Manager
0
STATE OF CA1L1RW-.31A4 )
COUNTY OF LDS
On �H 1 O 2008, before me, W 1NN I G L 1 ee
Notary Public, personally appeared
1Zpd�2T ('Z-• D' C'E'Lf..r .w9 f A4AL Mbt L GC
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).Ware
subscribed to the within instrument and acknowledged to me that 4e4he/they executed the same
in hi0isr/their authorized capacity(ics), and that by4gs4wr/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 ofItraLlia7if
foregoing paragraph is true and correct. NanrE r. Y f
_a comsiaaawz
WITNESS my hand and official seal. noL�o Mnrr. carer
C0ur*V a
61MV0"M800MM211. 34
Signature U (Seal)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated JT4W' ' .- tot OX U
2008, from, J. F. Shea Co., Inc. to the City of San Juan Capistrano, a public entity, is
hereby accepted by the undersigned officer or agent on behalf of the City of San Juan
Capistrano, pursuant to authority conferred by approval of the City Council for the City of San
Juan Capistrano, and the grantee consents to recordation thereof by its duly authorized officer.
DATED: MWW4/2 12008
CITY OF SAN JUAN CAPISTRANO
By: & 0,(Q
CityManage
r�
J
LEGAL DESCRIPTION
Order 6er: NCS -339741 -SAI
Real property in the City of San Juan Capistrano, County of Orange, State of California, described
as follows:
PARCEL A:
LOT B OF TRACT NO. 11039, AS SHOWN ON A MAP RECORDED IN BOOK 532, PAGES 44
THROUGH 46, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL B:
THAT PORTION OF CAMINO LOS PADRES, SHOWN ON TRACT NO. 11039 RECORDED IN BOOK
532, PAGES 44 THROUGH 46, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, INCLUDED WITHIN THAT CERTAIN STRIP OF LAND DELINEATED ON
SAID MAP AS "IRREVOCABLY OFFERED TO THE COUNTY OF ORANGE".
PARCEL C:
THOSE PORTIONS OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 8 WEST AND SECTION 1,
TOWNSHIP 8 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT FILED APRIL 12, 1875 IN THE DISTRICT LAND OFFICE INCLUDED WITHIN THE
FOLLOWING DESCRIBED LAND::
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3, AS SHOWN ON MAP FILED IN BOOK
129, PAGES 15 TO 21 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING IN THE SOUTH LINE OF
THE NORTH ONE-HALF OF SECTION 2, TOWNSHIP 8 SOUTH, RANGE 8 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO SAID OFFICIAL PLAT; THENCE ALONG THE EASTERLY
BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES: NORTH 61° 56'36" WEST 369.94
FEET, NORTH 26° 33' 00" WEST 413.67 FEET, NORTH 51° 46' 44" WEST 1972.54 FEET, NORTH
360 39'02" WEST 561.00 FEET, NORTH 80 20'26" EAST 621.55 FEET, SOUTH 890 59'06" EAST,
245.00 FEET, NORTH 46° 11' 28" EAST 1205.87 FEET, NORTH 8° 13' 39" WEST 1081.17 FEET,
NORTH 210 02'42" EAST 2229.14 FEET, NORTH 72° 10' 11" EAST 830.00 FEET, AND NORTH
810 13' 30" EAST, 356.31 FEET TO THE WEST LINE OF THE EAST ONE-HALF OF SECTION 35,
TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO SAID
OFFICIAL PLAT; THENCE ALONG SAID WEST LINE NORTH 00 33' 41" EAST 828.19 FEET TO THE
NORTH ONE-QUARTER CORNER OF SAID SECTION 35; THENCE NORTH 10 00'51" EAST, ALONG
THE WEST LINE OF THE EAST ONE-HALF OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 8
WEST, SAN BERNARDINO MERIDIAN, SAN BERNARDINO MERIDIAN, ACCORDING TO SAID
OFFICIAL PLAT, A DISTANCE OF 3371.92 FEET; THENCE LEAVING SAID WEST LINE NORTH 891
05' 24" EAST 261.30 FEET TO THE WESTERLY BOUNDARY OF THE LAND SHOWN ON MAP FILED
IN BOOK 90, PAGE 45 OF RECORDS OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY; THENCE ALONG SAID WESTERLY LINE AND THE SOUTHERLY LINE
OF SAID LAND SOUTH 00 54'36" EAST 195.10 FEET, NORTH 89° 05'24" EAST 238.45 FEET,
SOUTH 00 54' 36" EAST 232.19 FEET, SOUTH 47° 23' 11" EAST 280.62 FEET, NORTH 42° 36' 14"
EAST 351.99 FEET, SOUTH 66° 56' 08" EAST 331.65 FEET, NORTH 560 19' 35" EAST 505.11
FEET, SOUTH 140 16' 53" EAST 233.62 FEET AND SOUTH 890 00' 29" EAST 52.06 FEET TO THE
EASTERLY BOUNDARY OF THE LAND SHOWN ON MAP FILED IN BOOK 53, PAGES 17 AND 18 OF
SAID RECORDS OF SURVEYS; THENCE ALONG SAID BOUNDARY SOUTH 10 01'24" WEST 306.70
•
Orderiw
ber: NCS-339741-SAl
FEET, NORTH 880 09' 58" WEST 3.00 FEET, SOUTH 0° 53'06" WEST 1200.22 FEET, SOUTH 21°
50'35" EAST 228.18 FEET, SOUTH 3° 40'20" EAST 1185.03 FEET, SOUTH 48° 48' 42" WEST,
327.74 FEET, SOUTHERLY ALONG A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 1320 12'05" A DISTANCE OF 184.59 FEET,
TANGENT TO SAID CURVE SOUTH 830 23' 23" EAST 346.96 FEET, SOUTH 540 56' 38" EAST
575.07 FEET, SOUTH 87° 26' 38" EAST, 64.09 FEET, SOUTH 440 11' 06" EAST 321.20 FEET,
SOUTH 290 13'06" EAST 156.80 FEET, SOUTH 6° 07' 54" WEST 506.80 FEET, SOUTH 28° 33'
06" EAST 259.60 FEET, SOUTH 5° 15' 38" EAST 383.02 FEET, SOUTH 720 10' 24" WEST 110.60
FEET, SOUTH 150 09'20" WEST 213.00 FEET, SOUTH 240 07' 06" WEST 164.97 FEET,
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS
OF 200.00 FEET THROUGH A CENTRAL ANGLE OF 480 04' 39" A DISTANCE OF 167.82 FEET,
TANGENT TO SAID CURVE SOUTH 720 11'45" WEST 57.52 FEET, SOUTHERLY ALONG A
TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100.00 FEET THROUGH A
CENTRAL ANGLE OF 830 46' 53" A DISTANCE OF 146.23 FEET, TANGENT TO SAID CURVE
SOUTH 110 35'08" EAST 857.47 FEET, SOUTH 1° 22' 04" EAST 634.94 FEET, SOUTH 41° 41' 16"
EAST 399.05 FEET, NORTH 700 51' 21" EAST, 1649.78 FEET, SOUTH 18° 40' 22" EAST 20.00
FEET, SOUTH 70° 51'21" WEST 234.85 FEET, SOUTH 21° 22' 11" EAST 582.26 FEET, SOUTH
700 52' 23" WEST 388.74 FEET AND NORTH 280 13' 30" WEST 308.87 FEET TO THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 8303, PAGE 343
OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID BOUNDARY SOUTH 400 52'
40" WEST 345.56 FEET TO A POINT IN THAT CERTAIN COURSE IN SAID BOUNDARY SHOWN AS
HAVING A BEARING AND LENGTH OF NORTH 160 57' 00" WEST 842.63 FEET, SAID POINT
BEING DISTANT THEREON SOUTH 160 10'30" EAST 400.00 FEET FROM THE NORTHERLY
TERMINUS OF SAID CERTAIN COURSE; THENCE ALONG SAID CERTAIN COURSE AND SAID
BOUNDARY SOUTH 160 10' 30" EAST 442.41 FEET, SOUTH 80 1707" EAST 30 FEET, SOUTH
810 42' 53" WEST 108.90 FEET, SOUTH 80 17'07" EAST 199.98 FEET, NORTH 810 42' 53" EAST
108.90 FEET, SOUTH 80 IT 07" EAST 505.51 FEET, NORTH 800 3503" WEST 101.51 FEET,
SOUTH 640 15'40" WEST 212.55 FEET, SOUTH 380 18'40" WEST 813.43 FEET,
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 240 16' 05" A DISTANCE OF 33.88 FEET AND
NON -TANGENT TO SAID CURVE NORTH 890 27' 20" WEST 365.91 FEET TO THE BOUNDARY OF
THE LAND ON MAP FILED IN BOOK 80, PAGES 38 AND 39 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID BOUNDARY NORTH 12° 45'
17" WEST 115.39 FEET, NORTH 80° 57' 09" WEST 80.77 FEET AND SOUTH 12° 45' 17" EAST
127.67 FEET" TO THE BOUNDARY OF THE LAND SHOWN ON SAID LAST MENTIONED RECORD
OF SURVEY; THENCE ALONG SAID BOUNDARY NORTH 89° 27'20" WEST 1620.88 FEET, SOUTH
10 21' 52" WEST 1312.43 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID
SECTION 2; THENCE CONTINUING ALONG SAID BOUNDARY AND SAID SOUTH LINE NORTH 89°
18' 27" WEST 1787.68 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITH THE LAND DESCRIBED AS PARCEL
NO. 1 IN DEED RECORDED IN BOOK 9843, PAGE 852 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY
BOUNDARY OF THE ABOVE DESCRIBED PARCEL OF LAND, SAID CERTAIN COURSE BEING
DESCRIBED AS HAVING A BEARING AND LENGTH OF SOUTH 10 22'04" EAST 634.94 FEET;
THENCE LEAVING SAID BOUNDARY SOUTH 460 57'28" WEST 232.67 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 890 48'33" WEST 50.00 FEET; THENCE NORTH 00 11'27"
WEST 100.00 FEET; THENCE NORTH 890 48'33" EAST 50.00 FEET; THENCE SOUTH 01 11' 27"
EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED AS
PARCEL NO. 2 IN DEED RECORDED IN BOOK 9843, PAGE 852 OF OFFICIAL RECORDS OF SAID
•
Ordercr: NCS-339741-SAl
ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF THE ABOVE DESCRIBED PARCEL
OF LAND, SAID POINT BEING NORTH 10 00' 51" EAST 760.82 FEET FROM SAID NORTH ONE-
QUARTER CORNER OF SECTION 35; THENCE SOUTH 880 59' 09" EAST 225.32 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 490 00'49" EAST 280.00 FEET; THENCE SOUTH
400 59' 11" EAST 167.00 FEET; THENCE SOUTH 490 00' 49" WEST 280.00 FEET; THENCE
NORTH 400 59' 11" WEST 167.00 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE OF THE ABOVE
DESCRIBED PARCEL OF LAND, SAID CERTAIN COURSE BEING DESCRIBED AS HAVING A
BEARING AND LENGTH OF SOUTH 160 10'30" EAST 442.21 FEET; THENCE ALONG SAID
CERTAIN COURSE AND THE NORTHERLY PROLONGATION THEREOF NORTH 160 10'30" WEST
842.21 FEET TO A LINE PARALLEL WITH AND SOUTH 160 10' 30" EAST 70.00 FEET FROM THE
SOUTH LINE OF THE LAND DESCRIBED AS PARCEL 1 IN DEED RECORDED IN BOOK 596, PAGE
50 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID
PARCEL BEING SHOWN ON MAP FILED IN BOOK 53, PAGES 17 AND 18 OF RECORDS OF
SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE NORTH 700 51'21" EAST
ALONG SAID PARALLEL LINE 120.94 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 120 58'
39" EAST FROM A POINT ON SAID SOUTH LINE OF SAID PARCEL 1, DISTANT THEREON SOUTH
700 51'21" WEST 800.00 FEET FROM THE EASTERLY CORNER OF SAID PARCEL 1, SAID FIRST
MENTIONED POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 120 58'39" WEST
30.08 FEET TO A LINE PARALLEL WITH AND 40.00 FEET SOUTH FROM SAID SOUTH LINE OF
PARCEL 1; THENCE ALONG SAID PARALLEL LINE NORTH 700 51' 21" EAST 223.84 FEET TO THE
NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED
RECORDED IN BOOK 8308, PAGE 343 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID PROLONGATION SOUTH 280 10'01" EAST 59.99 FEET TO THE
NORTHEAST CORNER OF SAID LAND; THENCE ALONG THE NORTHERLY LINE OF SAID LAND
SOUTH 700 55'01" WEST 110.39 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED AS
PARCEL 1 IN DEED RECORDED IN BOOK 4988, PAGE 411 OF SAID OFFICIAL RECORDS; THENCE
ALONG SAID EASTERLY LINE AND THE NORTHERLY LINE OF SAID LAND NORTH 280 13' 30"
WEST 29.60 FEET AND SOUTH 700 51'21" WEST 121.42 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE BOUNDARY OF PARCEL
MAP NO. 2001-158 FILED IN BOOK 324, PAGES 14 AND 15 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID OF ORANGE COUNTY.
APN: 649-421-03 (Affects: Portion of Parcel A); 649-421-04 (Affects: Portion of Parcel A); 649-
421-02 (Affects : Parcel B); 121-050-16 (Affects: Portion of Parcel C) and 121-070-66 (Affects
Portion of Parcel C)
0
0
SELLER'S CERTIFICATION UNDER
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA")
(26 U.S.C. 1445)
File No: NCS -339741 -SAI February 21, 2008
THIS SECTION FOR INDMDUAL TRANSFEROR:
Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must
withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not
required upon my disposition of a U.S. real property interest, I, hereby certify the
following:
1. I am not a nonresident alien for purposes of U.S. income taxation;
2. My U.S. taxpayer identification number (Social Security Number) is ;
3. My home address is
I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any
false statement I have made here could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief
it is true, correct, and complete.
Date Signature
Typed or Printed Name
THIS SECTION FOR ENTITY TRANSFEROR:
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold
tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity
(which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the
disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real
property interest by J". f. SXro�g_�. 5.,e. [name of transferor] ('Transferor"), the undersigned
hereby certifies the following on behalf of Transferor:
1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those
terms are defined in the Internal Revenue Code and Income Tax Regulations);
2. Transferor is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii);
3. Transferor's U.S. employer identification number is
4. Transferor's office address is
Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that
any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief
it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Transferor.
3 /a-aF
Date
Typed or Printed Name
U.S.-California _FIRPTA Notice to Buyer and Seller_Rev.(7/12/64) Page 2 of 2 Pages
YEAR CALIFORNIA FORM
2008 Real Estate Witalding Certificate • 593-C
Part I — Seller's Information Return this form to vour comnamr.
Name (including spouse/RDP, if jointly owned - see instructions - type or print)
❑ SSN or ITINFEIN CA Corp no.
J.F. Shea Co Inc.
gIi ^ DO
Address (including suite, room, PO Box, or PMB no.)
Spouse's/RDP's SSN or MN (if jointly owned)
Attm Michael McCann 603 South Valencia Avenue
City
State
ZIP Code
K71
p�
Ownership Percentage
Brea
C A
1 92823
❑]
% 00
Property address (if no street address, provide parcel number and county)
Vacant Land San Juan Capistrano, CA
Real Estate Withholding — Computation of Estimated Gain or Loss, and have a loss or zero gain on line 16) .....................
Read the following and check the appropriate taxes. (See line -by-line notes in the instructions).
Part II — Certifications which fully exempt the sale from withholding:
YES
NO
1. Does the property qualify as the seller's (or decedent's, if being sold by the decedent's estate) principal residence within the meaning
of Internal Revenue Code (IRC) Section 1217.................................................................
❑
K71
p�
2. Did the seller (or decedent, if being sold by the decedent's estate) last use the property as the seller's (decedent's) principal residence
within the meaning of IRC Section 121 without regard to the two-year time period? ......................................
❑]
3. Will the seller have a loss or zero gain for California income tax purposes on this sale? (To check YES, you must complete Form 593-E,
Real Estate Withholding — Computation of Estimated Gain or Loss, and have a loss or zero gain on line 16) .....................
❑
rul
4, Is the property being compulsorily or involuntarily converted and does the seller intend to acquire property that is similar or related in
service or use to qualify for nonrecognition of gain for California income tax purposes under IRC Section 10337 ...................
❑
.®
S. Will the transfer qualify for nonrecognition treatment under IRC Section 351 (transfer to a corporation controlled by the transferor) or
IRC Section 721 (contribution to a partnership in exchange for a partnership interest)? ....................................
❑
6. Is the seller a corporation (or an LLC classified as a corporation for federal and California income tax purposes) that is either qualified
through the California Secretary of State or has a permanent place of business in California? ................................
❑
7. Is the seller a partnership (or an LLC that is dassified as a partnership for federal and California income tax purposes and is not a
disregarded single member LLC) with recorded title to the property in the name of the partnership or LLC?
(If yes, the partnership or LLC must withhold on nonresident partners or members as required) ............................. .
❑
S. Is the seller a tax-exempt entity under either California or federal law? ................................................
❑
9. Is the seller an insurance company, individual retirement account, qualified pension/profit sharing plan, or charitable remainder trust? ..
❑
�.
Part III — Certifications that may partially or fully exempt the sale from withholding:
Real Estate Escrow Person: See instructions for amounts to withhold.
10. Will the transfer quality as a simultaneous like -kind exchange within the meaning of IRC Section 1031? ........................
❑
11. Will the transfer qualify as a deferred like -kind exchange within the meaning of IRC Section 1031? ............................
❑
12. Will the transfer of this property be an installment sale that you will report as such for California tax purposes and has the buyer agreed
to withhold on each principal payment instead of withholding the full amount at the time of transfer? ..........................
❑
Part IV — Seller's Signature
Under penalties of perjury, I hereby certify that the information provided above is, to the best of my knowledge, true and correct. If conditions change, I will
promptly inform the withholding agent. I understand that the Franchise Tax Board may review relevant escrow documents to ensure withholding compliance
and that completing this form does not exempt me from filing a California income or franchise tax returns jp report this
/sale.
Seller's Name and Title 191,9 / — 41� Seller's Signature _�44_, !/�/f�t// O —/7VODate 4
Spouse's/RDP's Name Spouse's/RDP's Signature Date
Please verify that the SSN or ITIN listed above in Part I of this form is correct.
Seller: If you checked YES to any question in Part II, you are exempt from real estate withholding.
If you checked YES to any question in Part III, you may quality for a partial or complete withholding exemption.
If you checked NO to all of the questions in Part II and Part III, the withholding will be 31/3% (.0333) of the total sales price or the optional gain
on sale withholding amount certified by seller on Form 593.
If you are withheld upon, the withholding agent should give you one copy of Form 593, Real Estate Withholding Tax Statement. Attach a copy to
the lower front of your California income tax return and make a copy for your records.
You should keep Form 593-C for Ove years following the close of the transaction. You must furnish the form to the FB upon request.
For Privacy Notice, get form FTB 1131.
—, 7131083
Form 593-C C2 2007
t.
J v
First American Title Insurance Company
National Commercial Services
5 First American Way, Santa Ana, CA 92707
Marlene Van Kirk
Escrow Officer
mvankirk@fimtam.com
City of San Juan Capistrano
Attn: Cindy Russell,
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Vacant Land, San Juan Capistrano, CA
Dear Cindy;,
Direct Phone Number: (714)250-8409
FAX: (714)242-99B7
March 12, 2008
File No.: NCS -339741 -SAI (pbmv)
Delivered Via: FED EX
The above referenced transaction was closed on March 12, 2008. Enclosed please find the following for your
records:
(Keep these instruments in a safe place as some of them cannot be replaced.)
• Our Check in the amount of $50.00 representing your refund
• Buyer's final closing statement
• Original recorded grant deed
• FIRPTA
• 593
Your policy of title insurance will follow. If checks are included in this package, please negotiate as soon as
possible. Should you have any questions or need further assistance, please contact the undersigned.
Sincerely,
First American Title Insurance Company
Marlene Van Kirk
Escrow Officer
pbmv/mvk
mvk/03/12/2008
FirstAmerican Title Insurance Company
National Commercial Services
5 First American Way • Santa Ana, CA 92707
Buyer's Final Settlement Statement
Property: Vacant Land, San Juan Capistrano, CA
File No: NCS -339741
-SAI
Officer: Patty Beverly/ Marlene Van Kirk/mvk
New Loan No:
Settlement Date:
03/12/2008
Disbursement Date:
03/12/2008
Print Date:
3/12/2008, 3:16 PM
Buyer: City of San Juan Capistrano
Address: Attn: Cindy Russell, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Seller: J.F. Shea Co, Inc.
Address: Attn: Michael McCann. 603 South Valencia Avenue. Brea. CA 92823
Charge Description
Bu er Charge
Buyer Credit
Consideration:
Total Consideration
2,100,000.00
Deposits in Escrow:
Receipt No. 184780 on 03/11/2008 by City of San Juan Capistrano
_
2,106,637.75
Receipt No. 184793 on 03/12/2008 by City of San loan Capistrano
840.00
Prorations:
2nd 1/2 Taxes 2007/08 APN 649-421-02 03/12/08 to 07/01/08 @$22.38/semi
13.55
Ind 1/2 Taxes 2007/08 APN 649-421-03 03/12/08 to 07/01/08 a$71.43/semi
43.25
2nd 1/2 Taxes 2007/08 APN 121-050-16 03/12/08 to 07/01/08 @$2790.81/semi
1,689.99
2nd 1/2 Taxes 2007/08 APN 121-070-66 03/12/08 to 07/01/08 @$4138.28/semi
2,505.96
Title/Escrow Char es to:
I/2 Closin -Escrow Fee- First American Title Insurance Company National Commercial Services
1,860.00
Reissue policy - First American Title Insurance Company National Commercial Services
475.00
_
Policy -Extended ALTA 1992 Owner's - First American Title Insurance Company National Commercial
Services
840.00
Cash ( From) (X To) Borrower
50.00
Totals
2,107,477.75
2,107,477.75
Page 1 of 1
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First American Title Insurance CompanyNa
E -Los Angeles-NCSD
550 S. Hope StreetSuite 1950
SAN JUAN CAPISTRANO REDEVELOPMENT
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
Instructions for Transferor
For sales or exchanges of certain real estate, the person responsible
for closing a real estate transaction must report the real estate
proceeds to the Internal Revenue Seryice and must furnish this
statement to you. To determine if you have to report the sale or
exchange ofyour main home on your tax retain. see the instructions
for Schedule D (Tom 1040), Capital Gains and Losses. If the real estate
was not your main home, report the transaction on Form 4797, Sales of
Business Property, Form 6352. Installment Sale Income, and or Schedule D
(Form 1040)
Federal mortgage subsidy You may have torecapture(payback) all
or part of a federal mortgage subsidy ifall the following apply'
- You received a loan provided from the proceeds of a qualified
mortgage bond oryou received a mortgage credit certificate,
- Your original mortgage loan was provided after 1990, and
- You sold or disposed of your home at a gain during the first 9
years after you received the Federal mortgage subsidy.
This will increase your tax. See Form 8828, Recapture of Federal
Mortgage Subsidy, and Pub. 523, Selling Your Home.
Account number May show an account or other unique number the
payer assigned to distinguish your account
I ]VOID
FILER'S more. street address. city, state, ZIP code, and telephone no.
First American Title Insurance CompanyNa
E -Los Angeles-NCSD
550 S. Hope StreetSuite 1950
213-271-1700
Additional NI_o Taxpayer (Transferor)
This 1099-S represents the gross proceeds (generally sales price) on the property describer
in Box 3. IRS regulations require that gross proceeds must be reported.
This toren represents a single transaction. You may have had other sale(s) during the year
which will be reported under separate 1099-S forr(s).ifrequired.
If you are one of several sellers in this transaction, the proceeds were calculated based on
the information provided to us during the settlement process. The Gross Proceeds amount
in Bon 2 on this form does not necessarily reflect the fiends you may have received at
closing For the sale of your property.
For ioint (husband & Wife) sellers, only one Name and Fran d eror's Identification Number
(SSN or TIN) is necessary on this form.
Exempt Entities and Transactions: Corporations. Non -Profit Corporations, Government
-Entities, Volume Transferors (more than 25 transactions per year).
Refinances, Bankruptcies- Deeds in Lieu of Foreclosure and Bulk Sales.
Non -Exempt Entities: Trusts. Estates. Partnerships Limited Liability Companies.
Further information regarding this form may be found on the IRS web site:
wwii,.irs.gov/pub/irs-pdf/il99s.pdf
Box I. Shows the date of closing.
Box 2. Shows the gross proceeds from a real estate transaction,
generally the sales price. Gross proceeds include cash and notes
payable to you, notes assumed by the transferee (buyer), and any
notes pard off at settlement Box 2 does not include the value of
other property or services you received or are to receive. See Box 4.
Be, i. Shows the address or a legal description of the property
transferred.
Box 4. If marked shows that you received or will receive services or
property(other than cash or notes) as pan ofthe consideration for
the propene transferred The value of any services or properly (other
than cash or notes) is not included in box 2.
Box S Shows certain real estate lax on a residence charged to the
buyer at settlement lifted have already paid the real estate tau for
the period that includes the sale date, subtract the amount in box 5
from the amount already paid to determine your deductible real
estate tax. But rf you have already deducted the real estate tax in a
prior year, generally report this amount as income on the "Other
income" line of Form 1040. For more information, see Pub. 523.
Pub. 525. and Pub. 530.
I Date of closing (mmddyy)
OMB # 1545-0997
2/20/2008
Copy B
95-2566122
2008
2 Gross proceeds
2,510,000.00
Form 1099-S
Proceeds From
Real Estate
Transactions
P ILER'8 Federal Ill number
TRANSFEROR'S IDnumber
3 Address or legal description one. cdy,stare and zip code)
Copy B
95-2566122
33-0053595
Vacant Land, San Juan Capistrano, CA
For Transferor
This is important lax
TRANSFEROR'S name, address, and ZIP code
266982
information and is
SAN JUAN CAPISTRANO REDEVELOPMENT AGF777-9185
being famished to the
32400 PASEO ADELANTO
Internal Revenue Service.
SAN JUAN CAPISTRANO, CA 92675
If you are required to file
a return, a negligence
penalty or other sanction
4 Transferor received or will [eceive property or
may be imposed ea you if
services as part of the consideration (if checked)
this item is required to be
Account or escrow number (see instructions)
5 Buyers par[ of real estate tax
reporled and the IRS
determines that it has not
F7779185200800309429
0.00
been reported
Form 1099-S (Keep for your records_) Department of the Treasury - Internal Revenue Service
0
9
First American Title Company
11175 Azusa Court, Rancho Cucamonga, CA, 91730 Ph: (866) 509 1327
Customer # : 06243-OR00631
For Billing Inquiries please contact:
Location # : 06243-OR00631
Collector: Connie Leijas
Customer Name : City of San Juan Capistrano
Ph: 909-477-5621
Customer Address : 32400 Paseo Adelanto
Fax: 909-477-5954
San Juan Capistrano, CA, 92675-3603
Email cleijas@firstam.com
Statement Date: 03/07/2008
STATEMENT OF ACCOUNT
Inv # File # Office # Inv Date
Adj Date Type
Description Amount Balance
1250-125011551 2986736 1250 01/25/2008
INV
Buyer: 450.00 450.00
Seller: Lindsey Novorr
Reference: NOVORR
Property Address: 32302 Los
Amigos Avenue„San Juan
Capistrano,CA,92675,USA
1250-125011552 2986735 1250 01/25/2008
INV
Buyer: 450.00 450.00
Seller: James Cole
Reference: Cole
Property Address: 32332 Camino
Capistrano„San Juan
Capistrmo,CA„USA
Current 1-30 Days
31-60 Days
61-90 Days Over 90 Days
0.00 0.00
900.00
0.00 0.00
Total: 900.00 (USD)
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