HomeMy WebLinkAboutCC RES 96-122RECORDING 1EGUESTED BY:
City of Tustin
Recorded in the County of Orange, California
AND WHEN RECORDED MAIL T0: I III ry L. Granville, IIII 11111111 1111111111 III 111111 IIIClerk/Recorder
III
City of Tustin No Fee
199700366fi7 2,09pm 01/24/97
City Clerk's Office
300 Centennial Wa 005 15006091 33
y R28 11 7.00 300.. 00 0.00 0.00 0.00 0..00
Tustin, CA 92680
RESOLUTION NO. 96-122
LTRSJORMCORE
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RESOLUTION NO. 96-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA VACATING A PORTION OF AN
EXISTING PUBLIC SERVICE EASEMENT RECORDED ON
NOVEMBER 15, 1991, AS INSTRUMENT NO. 91-625668,
RUNNING ALONG LOTS 34-43 AND LOT H OF TRACT NO.
15292, AS SHOWN ON A MAP FIEILD IN BOOK 737, PAGES
18-21, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA
WHEREAS, a public service easement for storm drains recorded November 15, 1991,
~s Instrument No. 91-625668, ran along the back of Lots 34 - 43, and Lot H which front
on Thorman Place, in Tract No. 15292, more generally located between Jamboree Road
and Pioneer Road; and
WHEREAS, the portion of the easement that mn along the back of Lots 344.3, and
Lot H and the associated facilities have been relocated approximately fifty-five (55) feet
northerly into a new utility easement as dedicated to the City of Tustin on the map of
Tract No. 15292, in Thorman Place, a private street; and
WHEREAS, this certain portion of the easement, owned by the City of Tustin, has
been superseded by relocation and no longer needed by the public;
WHEREAS, there are no other public facilities located within this portion of the
easement; and
WHEREAS, Chapter 4 of the California Streets and Highways Code permits the
summary vacation of public service easements under the circumstances designated above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tusfin
as follows: . .
1. That the project is categorically exempt from California Environmental Quality
Act requirements.
That portion of an existing public service easement which runs along Lots 34-
43, inclusive, and Lot H of Tract 15292 as described in Exhibit "A" and
shown on Exhibit "B" attached hereto and incorporated herein by this reference
and on file in the office of the City Clerk is hereby vacated.
3. That this vacation resolution is adopted pursuant to Chapter 4 of the Streets and
Highways Code.
o
That from and after the date this resolution is recorded, that portion of the
public service easement vacated, no longer constitutes a public service
easement; and
Se
That the City Clerk shall cause a certified copy of the resolution of vacation,
attested by the Clerk under seal, to be recorded without acknowledgment in the
office of the Orange County recorder.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 16th day of December, 1996
ATTEST:
Ci~Oerk -
11/]B/1996 16:00 l?14586586G BENDER
PAGE 02
NOVEMBER 8, 1996
127.251
QU1T CLAI~ EAS~
THAT PORTION OF TRACT NO. 15292 IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CAIII=OR/NIA, AS SHOWN ON A ~ ~ IN BOOK 737,
PAGES 18 THROUGH 21, INCLUSIVE, OF MISCFJ~ANEOUS MAPS, P.~CORDS IN THE
OFFICE OF THE COUNTY P,F.~ZORDER OF SAID COUNTY OF ORANGE, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: '
~ STORM DRAIN EASEM~.NT GRAN'I~D TO THE CITY OF TUSTIN BY
INSTRUN~NT RECORDED NOVES~ER 15, 1991 AS INSTRI3A~NT NO. 91-625668'OF
OFFICIAL ILRCORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
TI-lOSE PORTIONS LYING WITHIN LOTS 34 THROUGH 43, INCLUSIVE, AND'TIEE .
PORTION WITHIN LOT H O1~ SAID TRACT NO. 15292.
MORR PARTICULARLY SHOWN ON EXI~iT "B" ATrACHED ~RETO AND MADE
A PART HEREOF.
DOUGLAS %NJ. BEN'DER, RCE 28946
EXPIRES MARCH 31, 1999
EXHIBIT "B"
H
33 34
Z ~
58
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61
44
35
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43
t.L'~ : ....
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
Recording request~xl by
and when recorded return to:
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Attention: Tim Serlet, City Engineer
(Space above for Recorder's Use)
AMENDMENT NO. 1 TO OPERATION AND
MAINTENANCE EASEMENT AGREEMENT,
(RECORDED NOVEMBER 15, 1991, AS
LNSTRUMENT NO. 91-625668) TO EXCLUDE
PORTIONS OF REAL PROPERTY FROM
PROVISIONS OF THE AGREEMENT
This AMENDMEI',,vr NO. I TO OPERATION AND MAINTENANCE EASEMENT
AGREEMENT ("Amendment No. 1") is entered into and effective as of December 16, 1996, by and
between THE I]~.VINE COMPANY, a Michigan Corporation ("TIC") and the City of Tustin, Municipal
Corporation ("City").
RECITALS
1. The City and TIC entered into the Operation and Maintenance Easement Agreement on
August 21, 1991. The Agreement was recorded on November 15, 1991, with the Orange County
Recorder as Instrument No. 91-625668. (hereinafter "the Agreement").
2. The Agreement affects a portion of Lots 34-43, and Lot H of Tract No.l 5292, which real
property is also within a storm drain easement recorded November 15, 1991, as part of Instrument No. 91-
625668, of the official records of the County of Orange.
3. The parties to the Agreement desire to amend the Agreement to exclude portions of Lots
34-43, and Lot H of Tract No. 15292, from the provisions of the Agreement, as they are no longer part of
the storm drain easement, or the storm drain system which has been relocated.
NOW THEREFORE, based on the above recitals and the mutual promises and covenants herein,
the parties agree as follows:
AGREEMENT
I. The property described in Exhibits A and B, attached hereto and incorporated herein by
reference, is hereby excluded from the provisions of the Agreement.
2. Except as provided in this Amendment No. 1, all other pro~4sions of the Agreement shall
remain in full force and effect.
3. This Amendment No. 1 constitutes the entire Agreement between the parties as to the
subject matter herein and supersedes all prior discussion, negotiations, and oral agreements.
IN WITN-ESS WHEREOF, the parties have executed this Amendment No. 1.
THE 1RVINE COMPANY,
a Michigan Corporation
By:
Name:
Title:
JOSEPH D, DAVIS
President. Irvme Communi~ Builders.
a division of The Irvine Company
Name:
Oai'~iEk C.
Title:
^SS;S'r^aT
THE CITY OF TUSTIN,
a California Municipal Corporation
By: 'rv&cv w~ggs WOV,~EY, MXVOa (/
ATTEST:
By:
CITY CLERK
APPROVED AS TO FORM
LOIS E. m~R~Y
City Attorney
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of
County of
On ~'E.C_.. ~.\: Ic-'t. ct ~, beforeme
Dale Name ar'~l T~,le o! Of'. ~cer (e g.. 'Jane Doe. Nolary Pub;it'}
personally appeared ....~oSE_~'~,~. '~',--~ '~ ~c:~,~.~. C__.. ~,~[:b~G~ ,
Name(s) ot
personally known to me - OR - -- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) [~/are subscribed to the within instrument
~ My Comm. Expires Sep 24, 19~9 [
·
and acknowledged to me that hc/sh~/they executed the
same in his/h~r/their authorized capacity(les), and that by
· hisChedtheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS'~-"~h~nd and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and rea,'lachment of this form to another document.
Description of Attached Document
Title or Type of Document:
' Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
.'-I Individual
7_] Corporate Officer
Title(s):
~ Partner-- ~ Limited '~ General
;..3 Attorney-in-Fact
~ Trustee
L"} Guardian or Conservator
.~ Other:
Signer Is Representing:
Top o' ;humb here
Signer's Name:
~ Individual
[] Corporate Officer
Title(s):
:'-,' Partner -- [] Limited [] General
,~ Attorney-in-Fact
[] Trustee
-i Guardian or Conservator
:--, Other:
Signer Is Representing:
Top of thumb here
1994 National Notary ASSOC~atKXl · 8236 Remmel Ave.. P.O. Box 7184 · Canoga Pad(. CA 91309.7184
Prod. No. 5907
Reorcler, Call To~-Free 1-800.876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~
County of
On .,..,~_-/(,%. /~_~_(,::, before me,_~_..~~ ~ /~.
DATE ' %AME. T;TLE O~OFF'CFR-' E ~'i"JANE D~E. NOTARY ;UBLI~.' -'
.~ersonaIly me - - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
S~GNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
'-~cNDIVlDUAL
ORPORATE OFFICER
TrP_E(S)
[] PARTNER(S) ~] LIMITED
[] GENERAL
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
~. z(,,, ,/
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
%/4__
SIGNER(S) OTHER THAN NAMED ABOVE
~)1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park. CA 91309-7184