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Home My WebLink AboutCC RES 01-104 RESOLUTION NO. 01-104. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING AN EASEMENT DEED GRANTED TO THE CITY OF TUSTIN BY THE COUNTY OF ORANGE FOR PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSES The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows' A. That access to Tract Map 15993 was intended to be provided from Peters Canyon Road through an easement approximately sixty (60) feet in width and twenty-eight (28) feet in length that traverses the' County of Orange regional multi-use trail that extends along the west side of Peters Canyon Road; B. That the location of the entrance to Tentative Tract Map 159'93 was approved by the Planning Commission and the City Council in accordance with the Tustin General Plan and the East Tustin Specific Plan; C. That on August 27, 2001, the Planning Commission adopted Resolution No. 3800 determining that the location, purpose, and extent of the easement conforms to the City's General Plan; D. That on October 23, 2001, the County Supervisors granted a perpetual easement and right of way for street and highway purposes to the City of Tustin; and, E. That the intersection of the trail and roadway entrance at Silverado Terrace will be designed jointly by the County of Orange Public Facilities and Resources Department and the City of Tustin Public Works Department to ensure the safety of pedestrians, bicyclists, equestrians, and vehicles and facilitate all modes of circulation at this location. II. The City Council hereby accepts the perpetual easement and right of way for street and highway purposes for the entrance to Tract 15593, as described in the Easement Deed in Exhibit A attached hereto. EXHIBIT A OF RESOLUTION NO. 01-104 EASEMENT DEED Recording requested by and when recorded, remm to: County of Orange, PFRD Right of'Way Engineering P.O. Box 4048 Santa Ana, CA 92702-4048 Recording Fee Exempt Per Govt. Code 27383 Project: Peters Canyon Road Project No.' Z85 Parcel No.: 1 15 Location' City of Tustin 'EASEMENT DEED For valuable consideration, receipt of which is' hereby acknowledged, The County of Orange, a body corporate and politic hereinafter referred to as "GRANTOR", does hereby Grant to the The City of Tustin, hereinafter referred to as "GRANTEE", a perpetual easement and right of way for street and highway purposes, in, on and over the real property in the County of Orange, State of California, described as: See EXHIBIT A, attached and by reference made a part. GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated, herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs, for which GRANTEE is legally liable tO GRANTOR for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel approved by GRANTOR, and hold GRANTOR, the County of Orange, and'their elected or appointed officials, .officers, employees, and agents harmless from any and all claims, judgements, damages, penalties, fines, costs, liabilities, or losses (including without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE's Use of the Easement Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by GRANTOR in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil or ground water under the Easement Area. Page I of 2 H :\bake rd\ba kerd\M isc._p roj~001-067~2001-067EsmtDeed.d oc / GRANTEE shall promptly take all action, at its sole cost and. expense, as is necessary to clean, remove, and first have obtained GRANTOR's written approval'and the approval of any restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE' shall necessary governmental entities.or agencies. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, GRANTOR acting in its governmental capacity, the State of California, or the United States government Dated' couNTy OF ORANGE By: Chai('of the Board of Supervisors ~ APPROVED AS TO FORM County Counsel By: -~e Date: ' SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE. BOARD. 'ATTEST: ,, Darlene J. B loom ~/~/~ ~ Clerk of the Board of Supervisors ~'~ Orange County, California State of California ) ss. County of Orange ) On /~~ ,,~f' , 20~'t before me, personally appeared Notary Public, personally known to me ... ~-~':-- -~-~'-~ ....... c,~l-elr~) to be the person whose name is subscribed to the within instrument and acknowledged to m~ that-h~sh~ ~x¢¢utcd thc same in-h-is/her authorized .capacity, and that by h-is/h~r si~natur~ on thc instrument th~ p~rson, or the entity upon b~half of which thc person acted, executed thc instrument. '~~ALICE JEAN DARROW $/~~~_\ COMM #1168018 c~ ~ [~~~1 NOTARY PU~MC-CALIFORNIA ~ ~x~/ ORANGE~U~ . ~ My Comm. Exp. Jan. 08, 2002 WITNESS'my h'and and official seal. Signature bf the Notaw Document: [fill in type of deed (Grant/Easement/Quitclaim) Deed] for [fill in project name] Grantor/Grantee' [fill-in names of the parties] Number of Pages: [fill in number of pages and list any exhibits attached (2 plus Exhibits A and B)] Capacity of Signer: for the County of Orange Page 1 of 2 H :\bake rd\ba kerd\M isc_p roj~O01-067~2001-067 EsmtDeed.d oc EXHIBIT 'A' LEGAL DESCRIPTION THAT PORTION OF LOT 'QQ', IN THE CITY OF TUSTIN, COUNTY OF OP~NGE, STATE OF 'CALIFORNIA, AS SHOWN ON TRACT MAP NO. 13627, FILED IN BOOK 644,'PAGES 1 THROUGH 20, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE .OF THE COUNTY .RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST NORTHERLY TERMINUS OF THAT CERTAIN CURVE SHOWN AS HAVING A RADIUS OF 76.00 FEET ON THE WESTERLY LINE OF SAID LOT "QQ". A RADIAL LINE THROUGH SAID NORTHERLY'TERMINUS BEARS NORTH 56045'08'' WEST; THENCE NON-TANGENT TO SAID CURVE, SOUTH 58058'02'' EAST, 5.37 FEET; THENCE' SOUTH 81°08'34" EAST, 26.27 FEET TO A POINT ON AN EASTERLY LINE OF SAID LOT.'QQ', SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 48.00 FEET. A RADIAL LINE THROUGH SAID POINT BEARS NORTH 43026'07'' WEST; THENCE SOUTHERLY 63.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75°48'41"; THENCE NON-TANGENT TO SAID CURVE NORTH 81 °08'34" WEST, 19.87 FEET; THENCE NORTH 86039'46'' WEST, 1 t .91 FEET TO A POINT ON SAID WESTERLY LINE OF SAID LOT ".QQ", SAID POINT BEING.ON A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS'OF 76.00 FEET. A RADIAL LINE THROUGH SAID POINT BEARS · SOUTH 74°58'41" WEST; THENCE 'NORTHERLY 64.03 FEET ALONG SAID CURVE THROUGH A CENTRAL'ANGLE OF 48°16'12" TO SAID POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 1739 SQUARE FEET. AS SHOWN ON EXHIBIT ',D~ ATTACHED HERETO AND MADE A PART HEREOF. ...... ~ /.~..~7 ~..,~~' JAN A. ADAM R.C.E. 21687 / 09/26/01 N :\001343\mapping\easement\ENTRYESMT.doc EXH I'BIT 'B' ' ~" SCA · 1"=20' 'P 0 B .~.~, ' - . 5.37' P ORTI ON. LOT 25 'TRACT NO 1.3627 MM .644 / 1 ---20 N74'58'41" E (R~D) 26. lV81'OS'$4" W N86',.39'46" W tV81'OS'54" W ¥ G,G, 'PETERS CANYON ROAD Adams. S~ree~er CIVIL ENGINEERS INC. 15 Corporate Park, L,-vine, CA 99-606 Ph: (,949) 474-9-330 Fax: (949) 474-0251 emmh engineering~adams-stree%er,eom 9/24-/01 7/17/01 O01343 EASEMENT ENTRYESMT City Council Resolution No. 01-104 November 5, 2001 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of November 2001. PAMELA STOKER CITY CLERK TRACY W. ~ORLEY MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 01-104 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of November 2001, by the following vote: COUNCILMEMBERAYES: Worley, Thomas.,. Bone', Kawashima COUNCILMEMBER NOES' None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: Z)oy].e PAMELA STOKER CITY CLERK