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HomeMy WebLinkAboutCC RES 97-0941 RESOLUTION NO. 97-94 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING THOSE PORTIONS OF THE JAMBOREE 3 ROAD/EDINGER AVENUE INTERCHANGE WITHIN THE CITY OF TUSTIN'S BOUNDARIES TO BE A COUNTY HIGHWAY 4 FOR THE PURPOSES OF CONSTRUCTION 5 WHEREAS, t_he 7oothil1/Eastern Transportation Corridor Agency 6 (TCA), the City of Tustin ("City"), and the City of Irvine have agreed to jointly fund a project called the Jamboree Road/Edinger 7 Avenue Grade Separation (the "Interchange" or "project") that is to be built within a City easement; and 8 WHEREAS, the project will facilitate a connection to the West 9 Leg of the Eastern Trans_oortation Corridor to better serve public safety and traf-fic flow; and 10 WHEREAS, Jamboree Road from Moffett Drive to the SCRR.k Metrolink 11 is part of the project and is designated as a major arterial highway on the Orange County Transportation Authority's master plan of 12 arterial highways; and 13 WHEREAS, the TCA, who is responsible for causing the project to be built, has entered into a contract with the County to design the 14 Interchange, award the construction contract, and supervise the construction; and 15 WHEREAS, the City and the County have agreed upon the form of 16 an Agreement that gives the County the exclusive use of the City's easement for construction of the project and provides for the 17 Interchange to be designated as a County road for the purposes of construction; and 18 WHEREAS, the Streets and Highways Code permits the Board of 19 Supervisors to determine by resolution that an existing street within a City be made a County highway, and also permits a City Council to 20 consent to the proposed County highway; and 21 WHEREAS, to expedite the project, City desires to adopt a resolution of consent to make the Interchange a County highway, that 22 will be effective upon the County's approval of the Agreement and adcDtion o= a resolution to make the Interchange a County highway. 23 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, 24 CALIFORNIA, finds, determines and orders as follows: 25 SECTION 1: As of the date specified in Section 2, the City consents to the establishment of a County highway for purposes of 26 construction over those portions of the Interchange within the boundaries of the City. 27 SECTION 2: Section 1 shall be effective upon the County's 28 execution of the Agreement in the form attached hereto as Exhibit 1 �iadoptions ar.d County's - � � � y i it r- l ""� s ? of a re�olut_c__ c�c_a� _._g po_ L_c:. o_ t~� Interchange within City boundaries to be a Co.znz,y highway for 2 vurnoses of construction. 3 PASSED AND ADOPTED at a regular mee`ing of the City Council of tine City of Tustin on the /4T day of ? 99'7. 4� ; 5, II F . THOMAS, : Lz�'OR 6 ATT EST : 7 8 AMELA STOKER 9 CLERK 10`' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1100-00028 518161 - 2 - EXHIBIT "A" ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER 741c P&o4g�� ca aca" a&K 4 r1(z 66=d 4 s4ewaa om s llm 23, 1997 APPROVED AS RECOMMENDED N O -MER iU Unanimous ■ (1) Smith (2) Silva (3) Spitzer (4) Steiner (5) Wilson X Vote key: Y= Yes;- N=Xo; A=Abstain; X=Excused,- B. 0. =Board Order Documents accompanying this matter: ■ Resolution(s) R-97-425 D Ordinances(s) Contract(s) Submitting AQe� nev/DQgartment: Public Facilities and Resources Tom: Receive bids and award contract to Kajima Engineering and Construction, Inc. ($14,366,238); approve Agreement D97-068 with City of Tustin and Amendment 3 to Agreement D93-044 with Transportation Corridor Agency for grade separation for Jamboree Road at Edinger Avenue; adopt Resolution declaring portions of Jamboree Road and Edinger Avenue to be County highways during construction contract - District 5 File No. Item No Special Notes: Copies sent to: Ct� 1�G-14 ic� �1�� 5\ -,CA \ lOc ick aD�aL"^L I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE 1. BLOOM, Clerk of the Board Bv: Deputy j 0 r"J n (It CA Cit r �t i c:luser\minordmd.doc qV-4 �1�1 L.greement -No. J 7 -068 4i A G R E E M E N T 5 THIS AGREEMENT, m-ade and entered into this_`,.., cay of --- 1 1997 6 1 BY AND BETWEEN: 12 13I I 14' 15� 16 17 18 19' i 20 21 221. 23 24 25 26 27 I 28 AND Tate CITY 0= TUSTIN a municipal corporation hereinafter desiarated as "CITY" The COUNTY_I O? ORGE, a political subdivision of the State of California hereinafter designated as "COUNTY" W I T N E S S E T H WHEREmS, Jamboree from Moffett Drive to SCRRA Metrolink is designated as a Major Arterial Highway on The Orange County Transportation Authority's Master Plan of Arterial Highways; and WHEREAS, this section of Jamboree is within the CITY; and WHEREAS, Jamboree will be widened as part of a connection to the West Leg Df the Eastern Transportation Corridor to better serve public safety and traffic flow; and WHEREAS, zhe ?ooz il!/Eastern Transportation Corridor Agency (TCA) and COJA'TY have an agreeent, as amended, for the COUNTY to design the improvemer_ts C the Jamboree road/Edinger Avenue Grade Separation hereinafter referred to as PROJECT and for the COU TY to act as lead agency for administration of the construction contract; and WHEREAS, CITY, TCA and the City of Irvine have separate agreements for funding PROJECT; and WHEREAS, a Jorticn of the PROJECT is proposed to be constructed on an easement ow:ted by CITY, a copy of which is attached hereto as Exhibit "I" and incorporated -1- 1 ( :e:e1.. ___=re..,e and :ereafz:er referred to as THE ET.SEE•:EN'17, 21 31 .1.._,..:'.S, C01= -Y :_ D CITY wish :.o define areas of responsibility for conStruction of PRO",JECT on __:E E' iS= =NT within t'r_e CITY. 4 NOW, . :=BEFORE, I" IS AGREED by the parties hereto as follows: 5; A. CITY hereby grants to COUNTY and COU?v=Y hereby accepts an exclusive 6:.1_cerse o:e=ate w_t}:=r_ THE EASEI•:ENT in order to cause construction of the 7 !=ROJECT. The opera:._on s of COUNTY, its contractors, employees, and agents shall be 8,ccnduc..ed in compliance with all applicable state and federal laws, the provisions 9 sof EASEMENT, and ::his AGREEMENT. is 101 3. CITY and COUNTY shall pass Resolutions declaring portions of !:PROJECT wit_^.i: CITY territory to be COUNTY road for purposes of construction. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. COUNTY shall be designated as Lead Agency For PROJECT construction. D. COUNTY is designated as Project Engineer, Contracting and Construction Agent, hereinafter referred to as "ENGINEER", for the parties to do and perform all things necessary '_n order to construct PROJECT in accordance with the approved ;plans and specifications and to execute and deliver all documents required '_n ,connection with the construction and completion of PROJECT, including its Notice of Completion and final accounting report. E. COUNTY shall obtain the written concurrence of Tustin's City Engineer or his designee, hereinafter referred to as CITY Eta*GINEER, for any contract change order (CCO) of PROJECT which would, cumulatively with other CCOs, increase CITY's cost more than So of CITY'S share of the original contract price or which would affect the PROJECT design. :7. Prior to acceptir_g improvements under the contract for PROJECT, COUNTY shall obtain CITY ENGINEER's written approval of the construction as it affects the operation and maintenance of PROJECT.=pproval shall be withheld only for work not completed per the approved plans and specifications for PROJECT. G. COJ?tiiY shall furnish CITY ENGINEER with one set of reproducible ME 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 21 22 23. 24. 25 I 26 27. 2811: ! myliar or acetate Record" construc :icn drawings for I R✓J£C., and a copy of the [Notice of Completion. H. CITY shall at all times during the progress of construction of PROJECT within CITY territory, have access to the work thereon for the purpose lof inspection and, should CITY ENG7 EER deer any remedial measures to be !necessary, CITY ENGINEER shall roti=v COUNTY thereof for communication to the !contractor. I. Upon approval by CITY ENGINEER and upon acceptance of the improvements ;by COUNTY, COUNTY shall pass a Resolution declaring portions of the project within CITY territory to be a CITY road. I IIT IS MUTUALLY UNDERSTOOD AND AGRS'ED: A. Upon approval by CITY ENGINEER and acceptance of the improvements under the contract by COUNTY and COL'NTY's Resolutions, described above, CITY shall assume maintenance responsibility for PROJECT. B. (1) Neither party to this Agreement nor any o«icer, agent or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted zo be done by any other party under or in connection with any work, authority or jurisdiction_ delegated to such other party under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, with regard to any work, authority or jurisdiction delegated to a party :ander this Agreement, such party shall fully defend, indemnify, and hold the other party harmless from any liability imposed for injury (as de'_ired by Government Code Section 6_0.8), occurring by reason of anything done or omitted to be done under or in connection with such delegated work, authority or jurisciction. B. (2) Notwithstanding and in addition to the foregoing, COUNTY shall defend, indemnify and hold CITY, TCA, and the City of T_rv'_ne (IRVINE), harmless for liability imposed by reason of a release cf Hazardous Material -3- I I' (as defined in the conszructicn ccn:Tact) caused by C3'---N7'-7Y Is sole neglig-an ce r• i' 2 in administering t._e construction contract. This _..cemrity is intended to 3 lope' -'ate_ as an aar—eement pursuant Section _C 7 (e) of L_7e Comprehensive I' 4';Environmental Response, Compensat'_cn and Liability Act, 42 ii. S.C. Section 5 9607(e) and California ::ea_tri and Safety Code Section 25364. Notwithstanding I 6 lanyth4ng t0 the contrary set forth in th4S s_:D B.(2) paragraph, the CO;.;NTY's i % total contractual indema-lity l=ab_l_ty hereunder to .._'_Y, •_CA and !RV7NE shall 8 :not exceed t: a sum Of Twenty Mill_cn Dollars (S20, 00, CCv) which shall be 9 ° payable exclusively fro; -.i an irsurarce policy co be procured by COUNTY for ;:his l 10 PROJECT through an insurance came_- acceptable to CITY. TUSTIN, TCA and i I 11IIRVINE shall each be named as additicnal insureds. The insurance policy shall 12 have an extended reporcing period ofc five (5) years from the date of the 13 filing of a Notice of Completion by COUNTY. 14 16 17'/// 18;/// 19 20/// 21 22:/// AW 24:/// 25 , /// 26'/// 27 28 -4- i I' 1 IN itiIT?:SSS WHEREOF, CITY has caused zhis ag_eemenz to be executed by i 2 [-its Mayor and a,. ested by its Clerk, and COUNTY has caused this agreement to be 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 211 22 23 24, i 25 26 27 28 lexecuted by the Chairman of its Board of Supervisors and attested by its Clerk Ion the dates written apposite their signatures, all thereunto duly authorized by the City Council and t~e Board of Supervisors, respectively. ;Dated: 1519 ?% i — 'ATTEST: ity Clerk CITY OF TUSTIN, a municipal coracration By Ozzlz, Mayor APPROVED ;:S TO FOR!✓ _ 14�� City t r ey COUNTY OF ORANGE, a political subdivision of the State of California Dated: �::.3%. j`� „' _ 19_ ' ) By SIGNED AND CERTIF_ED THAT A COPY OF THIS DOCU14 ENT HAS BEEN DELIVERED TO THE CHAIRIf:AN OF THE BOARD. `.rT �&2�44j fi, J D , Lam_ j. BLOOM %�- Clerk or the Board of Sub isors of Orange Co�-zy, Caliornia -5- i Chairman, Board of Supervisors APPROVED AS TO -ORM COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: 44i� Debug Date EXHIBIT "1" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin /CITY CLERK'S OFFICE 300 Centennial Way Tustin, CA 92680 Attn: Bob Ledendecker, Director of Public Works RECORDING FEES EXEMPT PER GCS 6103. D00 tt 95-0196417 oe_MGA(—i qq5 RecorU'ed in -, ::ial Reccrds o' 0,'Mr2e roes y, :ifcrnia �;ry L. Grarviie, %ier�:-necor:i>r J DEPUTY CITY CLERK Space obove this line for Recorder's use ASSIGNMENT OF EASEMEN.7 THE IRVINE COMPF?dY, a Michigan corporation, ("Assignor") hereby assigns to the CITY OF TUSTIN, a Cali_`crnia =,nicipal corporation ("Assignee"), without representation or -warranty, all of Assignor's right, title and interest as "Grantee" -►der that certain Grant of Easement dated August 5, 1988 and recorded September 12, 1988 as Instrument No. 88-456310 in Official Records of Orange County, California (the "Grant of Easement"), a copy of which Grant of Easement is attached hereto as Exhibit ". Assignee hereby agrees to perform all of the obligations of Grantee under the Grant of Easement as if Assignee had been the original Grantee thereunder. Assignee agrees to accept the "Premises" described in the Grant of Easement into Assi--nee's street system by formal resolution. IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment of Easement as of the 1341, day of MA -1 "Assignor" The Irvine Company, a JMicYii an cor_D / 119,4 Willi m x Mc. arland Erecutiv_ Vice President By: e Imes R. Cavanaugh sistant Secretary i9p F� APP"" \ .. .. . v r` ACCEPTANCE The Assignment ent of �sement from THE T_ INE C Tf?P?dY, a t'�chigan corpora _oil tc the CI1 _ Or TUB" �: a Cali r. a 1Ci pal orpor ion, is hereby ceptecl by th u^ ersig:.ed on ' half of the City oun i 1 of the Ci of Tustin pursuan- r.o authori conferred by Re _Clio^ No. such City C cil adopted on the day of , 991 an the As gnee consents to recordation there by els duly authorized r-.t..��.ATED __ By : _ _ 7D- L.XHrt31T "1" TO AGREEMENT :)q',,-068 PAGE 1 Ol 13 fY OF TDSTIN - ACCEPTANCE FOR T'r'IS IS TO CERTIFY that the interest in real property conveyed by the DeecjGrant dated to the City of Tustin, a Municipal Corporation, is hereby accepted pursuant to Resolution No. 95-39 of the City of Tustin and the Grantee consents to recordation thereof by its duly authorized officer. Beverley White Deputy City Clerk aS-�I�rC.41�1 EXHMIT "I' TO AGREE\4E\IT D 97-068 PAGE 2 OF 13 SATE OF CALL_ OR__NIA )SS. COUNTY Os ORA.I:GE ) On this day of , before me, the undersigned, a Notary Public in 6nd for said County and State, personally appeared William H. McFarland and James R. Cavanaugh, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Executive Vice President and Assistant Secretary, respectively, on behalf of the corporation therein naned and acknowledged to me that the corporation executed it. 'ITNESS hand and official seal. OFFICIAL SEAL otary Publi ` an id State l'O�ANEYOUh^G •r No-A42Y Pl:9!IC - C.+-IFORRNiA 1 ID%kNuE =%—li f I h7 c. ^. a=7ir_s DEC 29. _92 I - .N EM-IIBIT "I' TO AGREEMENT D 97-068 PAGE 3 OF 13 MI� MLE C-10. �.�:Jrdi !'e 'vJ `J'DJ L .,F 0n:.vGE C0.. -NT.. CALF:-ORNA ry cuested By, anc ^ rMail11.r! ,;hen Reccrded m •ne Irvine Company :0 Nerport Center DrivenTY i� Nei,cort Beech, CA 92500 Att n: Chick C. 6'illette 1 n23.00 Irvine Landf?anaceaent � .o any ' Cli J h,aili Dove Sp ace for ecoroer' s LseCin iy Statetents to Address Above N62.47483RP00T43 GRANT EASEMENT THIS INDENTURE, made the day of 095 ^etween the United States of Arierica, herein called the overrment," acting through the Department of the Navy, and The Irvine Crrpany, a Michican corporation, herein called the "Grantee." I;Hr- REAS, the Gcvern:.ent o -.-.s that certain real property identified as the Marine Corps Air Station, Tustir., herein call the Station; and "HR -AS, Grantee has re a, -este: an easer e^t f ^or the construct;C-, operation, maintenance, repair and replace;ent of a roadway and underground Utility facilities on and Under _.'.2t portion of fileStation hereinafter described; and WHEREAS, the Secretary of .^e Navy has found that the grar•t of such easement on the terms and conditions hereinafter stated is nct inca-lratibie with the public interest; and WHEREAS, in return for said eas•_:ent, Government wi it obtain from Grantee ownership of other real property and easyaents of comparable value. NOW THERE=DRE, this indenture witnesseth that, in consideration, ^f the land conveyance stipulated in Section 838 of Public Law 98-407 dated August :. 28, 1984 by the Grantee to the Gcverm ent, the Government hereby grants to Grantee and its successors and assigns, in perpetuity, an erseie.^,t for the construction, installation, operation, maintenance, repair and replacement of a roadway, and such underground utilities as are customarily located ;n roadway 'right s -of -way, such eases eat being on and under that Portion of the Station herein called the Pretises, described on Exhibit "A" and shown on a map marked Exhibit "8", attached hereto and made a part hereof. THIS EASEMENT is granted subject to the folicw.irg terms and conditions: 1. All work in connection with the construction, installation, operation, and except as provided in Paragraph 8 below, repair and replacement of the road and utilities shall be done without cost or expense to the Government, and in accordance with plans previously approved by the Cad ander of the Western Division, Naval Facilities Engineering Command. 2. Except as provided in Paragraph 8 below, the Grantee shall maintain the Premises and the road and utilities in good condition at all times and shall promptly make all repairs thereto that may be necessary for the preservation of the condition of the Premises and the continued operation and maintenance of the road and utilities. EXHIBIT 'A' page 1 of 10 _ EXHIBIT ' t' TO AGREEMENT D97-068 PAGE 4 OF 13 0 N247e88R?C10T43 3. The Grantee's , "."'s hereun,-'er shall be subject to such reasonable ales and regulations as may be prescribed by the Goverment to assure that the exercise of such rights will not interfere with Goverm ent activities at .�-e Station. 4. With resyect to L"1114ties constructed. under the rights craned herein, upon the termination of this easament, the Grantee, at its expense shall rm-.ve, to the extent requested by the Government, utility imprcve;ents installed or constructed hereunder, and shall restore the Prenises to the sane or as good a condition as that which existed prior to the exercise by the ;.:..,; Grantee of its rights hereunder; provided, however, that the foregoing shall k not apply to removal of street improvements. Such restoration shall be done :r a manner satisfactory to the Ccrmander of the Western Divison, Naval Fzcilitles=ngineerirg C= and. This paragraph shall not cover any improvements or facilities installed or constructed by the Goverment. 5. If at any future tine, the Goverrrment determines that the utilities, or any portion thereof, unduly interfere with any of its activities, it shall have the right to terminate the utility segment of this easement, in whole or --in part, to the extent necessary to elimjnate such interference; PROVIDED T.;.T, unless the Government shall have dete-mined that relocation is not feasible, it shall convey to the Grantee, without charge, a substitute easement permitting the Grantee to relocate the utilities, or portion thereof, on adjacent Goverment .property, at the Grantee's cost and expense. The substitute easement shall contain the sane terms and conditions as those of this easement, and shall bear the sane expiration date, if any, o. All /oTr any part of this ersener.t may -be te- inated upon failure by the Grantee to cc.ply with any cin Its terns and conditions, upon abandmer,t of the rights granted herein, or upon non-use'of such rights for a period of two (2) consecutive years. 1. The rights and obligations of the Goverment and Grantee will be binding upon the successors and assigns of Goverment and Grantee. Goverment acknowledges that Grantee intends to assign its rights under this easement to the City of Tustin, a California municipal corporation, and Goverment agrees that upon such assigment and acceptance thereof by the City of Tustin, The Irvine Canpany, as initial Grantee hereunder, shall have no further obligations under this Grant of Case:ent. 8. The Goverment reserves the right to use the Preaises of this easement for any other purpose that does not unreasonably interfere with the use and erjoyment by the Grantee of the rights granted in this easement. Included in the Goverm ent's reserved rights is a right of access as described below to an area called the Burn Pit which area was allegedly used in the pest for the d"= osal' of hazardous materials. Because of grantee's concern, the -Following paragraph is agreed to by the parties as to the Goverm ent's activities concerning the hazardous materials at the Burn Pit Area. EXHIBIT 'A' page 2 of 10 EXHIBIT "I" TO AGREEMENT D97-068 PAGE 5 OF 13 11 v L ti I J 'JP 0`43 r,e Govern.,-_nreserles t e ri Ont to enter upc.n. that per .an of -e Pre-:ses describedon _xl.:bi. attached hereto and rade a par; hereof ('.-e "Burn Pit Area") 11 -or purposes of ranitorir.c, removing and miticaving the effect of any hazardous material on in the Burn Pit Area; provided however, that (a) to the extent possible, the Government shall conduct its activities in locations and in a manner so as not to affect the Grantee's use of the improvements constructed zn the easement area (the 'roadway :nprove-ents"), (b) in situations where the Gover;rent's activities will affect Grantee's use of the Roadway :mprove-tents the Government shall, except in an emergency situation, give Grantee reasonable notice of such activities and conduct its activities hereunder at non -peak hours of vehicular traffic on the roadway constructed in the easement area, (c) the Goverment shall use ilts best efforts to mininize damaoe to the Roadway Improvements and the effect upon the use by Grantee and its successors and assigns of such Roadway improvements and (d) the Government shall, subject to the availability of appropriations, promptly upon the completion of any particular activity on the Burn Pit Area repair any damage to the Roadway Improvements and return same, as nearly as ;practicable, to the condition as existed prior to such activity. she Goverment agrees that it will comply with all applicable laws with respect to any hazardous materials in the Burn Pit Area and that it will, subject to the availability of appropriations, take whatever remedial action is required, including removal, as expeditiously as reasonable possible. IN WITN_SS h4ER-70F, the Gover.-rent, acting through the Department of the Navy, has caused this '.r.strurent to be executed the day and year written first above. proved as So fora: �,,:vcS A. C0-aA Counsel :.. !.%IF„C:NGCOM State of California ) )ss County of San Mateo ) :.'NIT=D STAT=S OF A'(=%ICA CHARLES J. WJrLIA'?S Director, Real Estate Division Real E -state Contracting Officer Western Division, Naval Facilities Engineering Command Cn +his �L cav of CCL•'rCLcLZ in the year 1988 before me,.Cc of /'�t.<.�Z.� aNotary PubIie in and for said County ena state, 1-perecnally appeared ..hARLES J. i:ILUAMS, personally known to me or proved to me on the basis of satisfactory evidence to be the Director, Real -state Division, Real estate Contracting Officer, whose name is subscribed to the within instn:a.ent, and acknowledged that he executed same on behalf of the United States of America in accordance w;th authority granted to him. OFFICIAL SEAL BEVERLY : FREITAS NOTARY ►UeLIC • CALIFOR N:A a SAN YLA Eg COUNTY �1 M, comm .,Cis., JUL a:. !:A Notary Public Aland � r said Ccunty and State EXHIBIT 'A' page 3 of 10 4 I �1 E=1T "I" TO AGREE.TvfENIT D97-068 PAGE 6 OF 13 2a^^^0 T4 ..av 24, 19:8 5243.574 PARCEL 1 - :N THE C:TY OF':US-:-N THAT POR'::ON OF THE NORTHWEST_..LY CN:* -.:ALF OF LOT 102, BLOCK 47 OF IRVINE'S •SUBD:V:S:O-',_IN THE CITY OF TUST:N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A YAP RECORDED IN BOOK 1, ?AGE 88 OF MISCELLANEOU'S RECORD YJ,?S IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCR:BED AS FOLLOWS: BEGINN:NG AT A FOUND BRASS DISK STAMPED "U.S.N.) L.T.A.S., 1942, LS2210" AT THE UNITED STATES BOUNDARY CORNER, SAID CORNER ALSO BEING THE WESTERLY CORNER OF THE NORTHEASTERLY 750.00 FEET OF LOT 89, BLOCK 46 OF SAID :RV:1E'S SUBD:VISION, SAID CORNER ALSO BEING A CITY BOUNDARY CORNER OF THE C:TY OF IRVINE AND THE SITY OF TUSTIN, :'HENCE SOUTHWESTERLY ALONG SAID BOUNDARY SOUTH 40 38'02" WEST 1234.67 FE_ _HENCE LEAVING SAID BOUNDARY NORTH 49°21'58" WEST 11.00 FEET TO THS. TRUE POINT OF BrG:NNT-NG OF THE PARCEL HEREIN DESCRIBED; _HENCE ALONG A L:NE WHICH :S PARALLEL WITH AND 11 00 FEET NORTHWESTERLY FROM THE SAID B^UNDARY LINE SOUTH 40538'02" WEST 1947.61 FEET; _HENCE NORTH 4919'43" WEST 253.08 FEET 70 A POINT OF CUSP, SAID ?6:N': BE:NG ON A CURVE CONCAVE NORT'H'ERLY AND HAVING A• RpD:• :S OF 120.00 FEET; A RADIAL LINE TOO SAID POINT BEARS SOUTH 40040'17" WEST; THENCEEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89056112' A.D:STANCE Or 188.36 FEE ':HENCE NORTH 40°44'05" EAST 1138.06 -!HENCE NORTH 41°15'10" EAST 586.78 FEET; THENCE NORTH 43055'53" EAST 107.4: 'EE^; THENCE NORTH 47°33'29" EAST 1-01.16 FEEL^; THERCE NORTH 51048148" EAST THENCE NORTH 5504811;',)0" EAST 211.16 FES THENCE NORTH 63 16'06" EAST 95.10 FEZ_ TO TRUE POINT OF BEGINNING. + CONTA:NS 5.308 ACRES :MORE OR LESS. EXHIBIT `A' page 4 of 10 EXHIBIT "I" TO AGREEMENT D97-068 PAGE 7 OF 13 may 24, 1553 5243.574 J PARCEL 2 — 1N THE C:TY ..._..N THOSE PCRTIONS OF L•O. SS, _LOCK 46 AND LOTS 189 AND 155, BLOCK 62 OF IRVINE'S SUBDIV:S:CN IN THE CITY OF .;ST:N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SXCWN ON A Y_4? RECORDED :N BOOK 1, PAGE 88 OF MISCEL!ANEO::S- Y_i?S :N TEE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: BEG:NN:NG AT A FOUND BU -.SS ..:SK STAm?ED 'J.S.ti , T.....A.S ; LS2210" AT THE UNITED STATES BO::NOARY CORNER, SAID CORNER ALSO SEWG THE WESTERLY CORNER CF THE NORTHEASTERLY 750.00 FEET OF LOT 89, BLOCK 45 OF SA:D .R'.:NE'S S:5D:V:S:ON, SAID CORNER ALSO BE:NG A C:TY BOUNDARY CORNER OF TEE CITY OF :RV:NE AND THE CITY OF T'JST:N, THENCE ALONG SA::)9 BOUNDARY LINE SOUTH 419'11 EAST 742.13 FEET TO .HE TRUE ?---;NT OF BEG:N.r:NG OF THE PARCEL HEREIN DEgC sBE7; THENCE NORTH 4:"40' <S' EAST 7. C0FEET) THENCE SOUTH 51 41'3611 'EAS': 86.58 FEET THENCE SOUTH 56 C6 36' EAST; 176._5 FEET; THENCE SOUTH 47°36'45" EAST 100.55 .__T; THENCE SOUTH. 47038'45" EAST 77• 40 FEET: THENCE SOUTH 77 41'39' EAS_ 279.75FEE TO HE BEGG:NN:N�G OF A TANGENT CURVE CONCAVE NORTHERLY AND HAV:NG A RADIUS OF 900.00 FEET; THENCE EASTERLY ALC1G SAID C::RV: ...ROUGH A CENTRAL ANGLE OF 18058'04" A DISTANCE CF 264.84 FEET; THENCE NORTH 83020'17" EAST 224.28FEET; THENCE NORTH 72002'35" EAS^. -55.75 FEET; THENCE NORTH 65032124" EAST 114.00 FE THENCE NORTH. 63020'02" EAST 110.91 FEET; THENCE NORTH 56025104" EAS. 99 77FT; THENCE NORTH 52023'28" EAST 142.02 THENCE NORTH 46021143" EAST 95.52 FEET; THENCE NORTH 4_3005'33" EAST '_43.95 FEET; THENCE NORTH 4503_ 00" EAST 110.:8 FEET; THENCE NORTH 44°3"8'32" _:.ST 189.37 FEE THENCE NORTH 45013102" EAST. 217.11 THENCE NORTH 47022'56" EAST 351.01 FEET; THENCE NORTH 4'_055'27 EAST 255.25 FEET; THENCE NORTH 40003'51 EAST 336.20 FEET; THENCE NORTH 40010'37" EAST 103.43 THENCE NORTH 42048'39" EAS^. 237.55 THENCE NORTH 49024'02" —AST 198.91 FEET; T'r'.ENCE NORTH 50050'56" EAST 101.70 FEET; THENCE NORTH 51015'07" EAS^. 125.44 FE_. TO A POINT ON THE WESTEary .INE OF THE EASEMENT C -ON EYED TO THE C -.NGE COUNTY FLOOD CONTROL D:STRICT AS PARCEL :10-101 ESCR:BED :N G_;NT OF EASEMENT RECORDED AUGUST 10, 1963 IN BOOK 66al, PAGE 721 CF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER SAID POINT BEING ON A CURVE 'WESTERLY AND HAVING A RAD:,;S CF 755.00 FEET, A RADIAL LINE TO SAID ?DINT BEARS NORTH 78044'79' .HST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF "r 046'25" A DISTANCE OF 234.21 FEET TO THE NORTHERLY CORNER OF PARCEL :10-101.1 AS DESCRIBED :N EXHIBIT W page 5 Of 10 EXHIBIT "I" TO AGREEMENT D97-068 PAGE 8 OF 13 ' J S.4:D GRAN:' OF EASEMENT; THENCE SO .T r0o28 52' WEz. 44.23 FEET ALONG SAID WESTERLY L:NE TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 725.00 FEET; A RAD:AL L:NE TO SAID POINT _EARS SOUTH 60057'36" EAST; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE Or 7°05'45" A DISTANCE OF 90.00 FEET; THENCE SOUTH 9°23'55" EAS:` 64.37 FEET ALONG SAID WESTERLY LINE TO A POINT CN THE WESTERLY '_.INE OF SAID PARCEL NO. F10-101, SAID POINT BEING OW A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 755.00 FEET, A P.AOIAL•LINE TO SAID PONT BEARS SOUTH 69°26'09' EAST; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°40'11" A ^!STANCE OF 74.71 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE EASEN.ENT DESCRIBEO AS NO. F6-401 IN SAID GRANT OF EASEMENT; THENCE 570TH 46006'57" WEST 819.67 FEE: TO EASTERLY CORNER OF THE EASE - ..ENT DESCRIBED AS PARCEL NO. F6-401.1 IN SAID GRANT OF EASEMENT; THENCE ALONG THE LINES OF PARCEL F6-4001.1 THE FOLLOW:NG COURSE AND .,:STANCES: SOUTH ,71°37'33" WEST 34.63 FEET; SOUTH S6°06'56" WEST 1-20.00 FEET; NORTH 4918'57" WEST 45.21 FEET; SOUTH 46086'56" WEST 75.00 FEET; SOUTH 4918'57" EAS': 60.28 FEET TO THE WESTERLY ..:NE OF SAID PARCEL NO. F6-401; THWNCE SOUTH 46°06'54" WEST 32.14 ._._ TO ^HE EASTERLY CORNER OF THE EASEMENT DESCRIBED AS PARCEL NO F6-401.2 IN SAID GRANT OF EASEMENT; THENCE ALONG THE L:NES OF EASEMENT.F6-401.2 THE FOLLOWING COURSES AND DISTANCES: NORTH 49°18'57" WEST 60.28 FEET; SOUTH 46006156" WEST 75.00 FEET; SOUTH 49°18'57" EAST 45.21 FEET; SOUTH 46°86156" WEST 120.00 FEET; SOUTH 18 24147' WEST 32.27 FEET TO A POINT ON THE NORTHWESTERLY LINE OF EASEMENT NO. F6-401; THENCE SOUTH 46°06'35" :TEST 40.66 FEET ALONG SAID NORTHWESTERLY LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1910.00 FEET; THENCE ALONG SAID NORTHWESTERLY LINE,' SOUTHWESTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 6024149" A DISTANCE OF 213.80 FEET; THENCE SOUTH 52°31'45" WEST 103/2.02 FEET ALONG SAID NORTHWESTERLY LINE; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 37°'28'15" WEST 54.86 FEET TO A POINT ON A CURVE CONCAVE NORTH- WESTERLY AND HAVING A RADIUS OF 1544, 00 FEZ':, A RADIAL LINE TO SAID POINT BEARS SOUTH 21°58'02"•EASTTHENSE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE -OF 11x56'36" A DISTANCEOF 343.65 FEET; =HENCE SOUTH 79°5$'14" WEST 161.74 FEET; _HENCE SOUTH 88 07153" WEST 18.68 FEE. TO THE BEGINNING OF A ^_ANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 320.00 -EET; 'THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°51'18" A DISTANCE OF 183.50 FEET TO A POINT ON THE SOUTHWESTERLY LItiE OF -THE NORTHEASTERLY 750.00 FEET O- . THE SOUTH- WESTERLY ONE-HALF SAID LOT 196, THENCE NORTH 49°19'1 -"WEST 909.85 -_ET ALONG SAID SOUTHWESTERLY LINE AND ALONG THE SOUTHWESTERLY :NE OF THE NORTHEASTERLY 750.00 FEET OF SAID LOT 69 TO THE TRUE ?O -TNT OF BEGINNING. CONTAINS 20.095 ACRES MORE OR LESS. AFP=;?OV-=O BY CA._DAS.:,:.T, xr ? �;.s5 EXHIBIT 'A' page 6 of 10 95-0)9ko,41/ EXHIBIT "I" TO AGREEMENT D97-068 PAGE 9 OF 13 � A IX LUCEN AVEAVE N n O j t � 2 2Ila { v x --l' �sgo•go'��• w Lino . x) v o0 0:4 t ...D,va9'i9'43"W G 1 �- .3o' _ JAM©04C. 4 C . it O � ��= is o.00• � (• /t3Fi. 7c. JAMBOREE ROAD E YTE(/S101-1 PAF? -CGL I C1TY OF TUS'T'l N Q PoA.)T✓O,V OF THE .V. w. //2 Of LOT /02 BLOC/, V7, /RV/.VE S'UBD/V/S/O" M. R. M. /�88 :v Qi °%5'&.3 "F- 64. -7,g, �o R Ml 7.33 Z9 E /OL/6' N5/'444 0 E /05.40' FU. BRAS ()i.'.K s rpoirl-D 5'40'00 F u.s», 1-.7'.As. 1942 1 2V6' t -s N63'/6'06^C 9�h , \ t J 5.30£3 actizL s —`� �5476�'-7U57'/P1C/T)'(10UNUA/lY SLY CORf✓ER OF THE NOR TAMES IERLY //2 I sourf�ev��f,��v/,VE N49 2%5©")f' 1 P. U. Lt . r.!' o.L� S40'JQ'02"ii' /234.67' O, 711E /400 >- OF LOT /02, BLOCK 47 ✓A2 OF LOT ✓O�', E3L OCh' 47 I ci �.� Li4R1-?ANC.4 /RVbYE C/TY f30UNOARY fARKW4 Y � �✓.�.� va,�o .a ve,clue SOU THWyESTF-RL Y L /NF OF ----- °j NOR T/'ICA STERL Y 750' OF LOT 019, 13th: 46 u SKE TCN TO ACCOMPA.0 Y �ECQt DES'C.P//-�7'/a.V FU. BRASS DISK STAM �D� USW 1 Iso' Col &.9, fQu-4a �IAMBDREE ROAD EXTE/VS/��/ "N. L.T,A•S, 1942 SS/'?/'36^E LS 2210- �' 9c.sa' P.4 F_ c: E 1, 2 C l� Y O 'r U Si' 1 N N40'40'49'E Ss6^oo:3C.'E A PORT/o.V OF LOT d9, f�C/� �� A,vO A 5:00' 1DO/P7-ADA/ OF LOT /96, QLK. 62, A.VlD A (7.PO.v,) A PoA-`77/40/L/ OF- COT /89, ,BL/K 62, Y /f2 VI UC- SUB. N1. /Q, M //,ga 111OR7-IIE4S7ERLY 75000; LOL07" d7 T Q� FjCK. X16 Z EjC/C. Oro n 47' 1.9 '1511c13 Or m `� ~� 079. 76 ' / ao X o .0� U q, A., 1100. co, • ? [ tc^l 4.64' 0 D SOUMME.571--RLY /_1NF, v NOR7/If ASTFRLY 750.00' OF 771E 50U7/16Yl S7ER1.Y 0 7 _:)a w /12 OF L07'19(; 11LOCK GL' �/)) / n�, ,c/•/s ".1 '00' [. /V.NU' �/ �!_"'C.UG •JJ f, '16,,17. lJ • //U.'L'1' d=,32'_5'1'/134W',�3'00,CJ"F_ //O.sv ► C:.j43.G5' - ------+----- 1 9 c0U/a� a SJO^G�7 � JZ .5 -7 / 3 7 '3.;3 s 4G0 OG'sCo 15 49 ^ /fl '._i 7 S -JG.I OG,',5 A/ 49^ i' -1176.^ J Qg01,.3'J7' 1 ' e76.00(�.'. 6 S/C3^ZU'71' s 4l "04..'3; (_07- 0/_ h : 4. /.� : / j'10.00 i •.. -• , � /C1S/OAC/ �T1N. xWD Aa DELTA 7,UZ:) A 44.23' T_ S 09' 23'55' E 64.37' 3 r w N 34.83' 4 S 46lo OG.154r.." W /20.00' S Al 519"18'57"W C Ca) W ` carr i mmY'a 7 itov m >< O GiO.e8 O +CD 546a Ord'S4" W .32.14' �D N 490 /8'57" W i4 /tel-.Xi:32'e-- ro S 46.1 OG.'SG" W 75.00' // S' 49' /8'57" COURSC TABLE DELTA LE,U67-/1 44.23' T_ S 09' 23'55' E 64.37' 3 :; 7103 7'33 " W 34.83' 4 S 46lo OG.154r.." W /20.00' S Al 519"18'57"W C O5"40' //" W 75.00' 7 S430/8'5711E GiO.e8 0 546a Ord'S4" W .32.14' 9 N 490 /8'57" W G, 0. ro S 46.1 OG.'SG" W 75.00' // S' 49' /8'57" /Z S4G�Ola'S!o" W A20.00' /3 S 1f3 0 2,1W 7" W /? S "Ic-, 0 G, 35" W I 40.G,�' No. DELTA LE,U67-/1 7-A,V6FA1 f'AD/US A 17"4G'25", 0-34.21' I/f3.OJ' 7JJ.00' E? 07'Oio'US" `30.00' 45.06' 725.00' C O5"40' //" 74. 7/' 37.39, 7- i5.00' / / / AD /. 70 ' - .U4c " J�f'.J� "f_•.� .'.'.J 7..:r(..' _� � 'd.\V S,, l�4 // COTC_ 07- /f39 St UO/ -F1-7 1 ROAD ��-09G .V�J�"t'. /'U�'..G.is \"' '6 G. U- / :? 05 La V fo- `,v�l�-2f'�s' -. _.._._ .. W /032.0 ' -C'// TCS !1CCUi✓>/=�IJ,V )' — - - - - -� LEG/1L \) U'I J ��r.'•cv co.v.,ue.•cv `/AMQOREE ROAD EXTE/VS/O/j J.00' 1s/•w.tfG'C (f)4d) Y9G�e• • JJG•O/1:fG•C ' /X7.f SOurMwCSrliPGV (�•� S�7•!C'•G�C .• AA3vr. C.rtrCAXV 7-5000; ,<XXSA• ' COT r)'9 cor e5. ecw:.a: t O[K cc •� S ^sir•/i •.!'C •' - �T ` . V 7.1 •O' r � ,� 1 Y cor yt g e 1 • / (icx. c2 fXNIQ/T M &4W #rr ARCA " Eesti . I r / I I • ;Q I Ip • /t -5.•r r Nso•-5o'x'E �� r N.rb•J7•f., f�7x' .'�• I to /x 1 cor /e9 OC.t: LL .O I. A'. C7 A140'ro:37-C, /o3 U' , e. zzi .� 0� r\�±/'•1�` O SSG• OG -5 7' ' R. - •� _ . - - - sc+v771).ss)oecrt�r— N«.b7fc /04 T)CIf TtJa[Y 7sc1oC Nt7 20'n C, fl+. /I7J7 \ r nrs�wr7/rts7r7atr a-7�1'ar _� or tartorncaacxu nao""'•"07 e 1 ^7 1 - S):!• -59'M •N 'V -4-C. 1".00* / I•!l•-5/•M- Ic/.N• L �.vcf•N'Or'E,/.d 9I' N.J- NJ 79' c•.ssao a•//-Je x'/N-5G•2J o, c 1 .O•K•I.oO• 4. 99.77' C •./0.7/-•-NJr'SO'/9-W, -5•K' 1 R. .3 -7• L• 2�/enq' ).eo• 1 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 97-94 Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 15th day of September, 1997, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: r�Stoker, City Cle Thomas, Saltarelli, Doyle, Potts, Worley None None None