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HomeMy WebLinkAbout13 ADOPT RESO NO. 10-83• A ends Item 13 AGENDA REPORT Reviewed: ~ City Manager Finance Director ~_ i MEETING DATE: SEPTEMBER 7, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: ADOPT RESOLUTION NO. 10-83 GRANTING A PARCEL OF LAND TO THE STATE OF CALIFORNIA PURSUANT TO COOPERATIVE AGREEMENT NO. 12-238 FOR THE NEWPORT AVENUE/SR-55 RAMP RECONFIGURATION PROJECT, CIP NO. 70130 SUMMARY Adoption of the attached Resolution No. 10-83 will authorize the Mayor and City Clerk to execute a Grant Deed on behalf of the City granting a parcel of land at the site of the relocated northbound SR-55 on/off ramps to the State of California. The Newport Avenue/SR-55 Ramp Reconfiguration Project CIP No. 70130 realigned Del Amo Avenue, constructed Newport Avenue between Edinger Avenue and Valencia Avenue, and relocated the northbound on/off ramp to SR-55 from Edinger Avenue to the present location between Edinger Avenue and Valencia Avenue. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 10-83 granting a parcel of land to the State of California for the relocated SR-55 northbound on/off ramps and authorize the Mayor and City Clerk to execute the Grant Deed on behalf of the City. FISCAL IMPACT There is no fiscal impact to the City with this action. DISCUSSION/BACKGROUND The Pacific Center East Specific Plan (Specific Plan), adopted in 1990, provided a roadway concept whereby Newport Avenue would be constructed between Edinger Avenue and Valencia Avenue, the existing on/off ramps to northbound SR-55 would be relocated from Edinger Avenue to between Edinger Avenue and Valencia Avenue, and Del Amo Avenue would be realigned to intersect with Newport Avenue and the new on/off ramps to SR-55. The construction of these improvements required that a land exchange between the City of Tustin and the State of California be consummated wherein the property for the relocated on/off ramps would be granted to the State of California in return for the City receiving from the State of California the excess property of the former on/off ramps. The proposed improvements outlined in the Specific Plan were recently constructed under the Newport Avenue/SR-55 Ramp Reconfiguration Project CIP No. 70130. The Notice of Completion for the project was approved by the City Council in November 2008. At the time of construction, the City had obtained possession of the property for the new on/off ramps through the eminent domain process. The City is now fee owner of the land. The property where the former on/off ramps were located is still owned by the State of California. Granting a Parcel of Land to the State of California September 7, 2010 Page 2 On August 3, 1998, the City of Tustin and the State of California executed Cooperative Agreement No. 12-238 which provided for the design and right-of-way phases of the project and outlined the land exchange process. Both agencies have been working together to accomplish the land exchange and the attached Resolution authorizes the City to execute the Grant Deed in favor of the State of California for the land for the relocated on/off ramps. One of the requirements in the Cooperative Agreement is that the property to be granted to the State of California must be free and clear of all encumbrances detrimental to the State of California's present and future uses. Currently, there is a Southern California Edison (SCE) utility easement on the property established in 1963. The City is working with SCE staff to review the need for the easement. If there are no facilities within the easement nor a future need for facilities, the easement will be removed from title by Quitclaim Deed from SCE in favor of the City of Tustin. If a quitclaim deed is to be processed, it is anticipated that the process with SCE will be completed before the land exchange is consummated with the State of California in November 2010. In a separate action, Caltrans will execute a Director's Deed wherein the land for the former on/off ramps will be granted to the City. The Director's Deed requires the approval of the California Transportation Commission and the item is scheduled for their approval at their meeting of November 3-4, 2010. A draft copy of the Director's Deed is attached. There is a standard procedure recommended by the State of California right-of-way staff for the land exchange. Once the Grant Deed is approved by the City Council, it will be held by the City Clerk until the State of California executes the Director's Deed. A representative from the City and the State of California will then hand-carry the documents to the Orange County Recorder's Office to record them. The Grant Deed from the City will be recorded first and immediately thereafter, the Director's Deed from the State of California will be recorded. The City Attorney has reviewed the Grant Deed and has approved it as-to-form. S. Stack, P.E. of Public Works/City Engineer Attachments: Location Map Resolution No. 10-83 Draft Director's Deed ~/ ~-L~ Dana R. Kasdan, P.E. Engineering Services Manager S:\City Council Items\2010 Council Items\Grant Deed to Caltrans.docx n i U VI O / Z Z ~ ~ gib. OY~ r / ' ~~ y~ e h1 ~~ <<` _ ~~' j , ~~, E ~ j/ ~ i i `;vi . /,~r ~ ~~ / ~ ~~. n ~~~< / ~, O ~_ A~ 1 ` Z U z O C~ O ~ mW m I.L ~ x w ~ W z Z Q m U ~ x ~ w z ~ J a J a U O Z Z U ~ r~~- i ~~ ~~,,,~ ~'xib -`~'^~lV '{b ~ CA Q °~'~ Q Q a W ~ ti W J Q ~ W }W ~ W , ~ bti6.,,s~ o U ~ ~- U ~ ~.~ ~,, s ~ Y6„ ~~ n s ., ~ iy ~J O _ ~~ ~J RESOLUTION NO. 10-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A PARCEL OF LAND TO THE STATE OF CALIFORNIA IN CONJUNCTION WITH THE NEWPORT AVENUE/SR-55 RAMP RECONFIGURATION PROJECT CIP NO. 70130 WHEREAS, the City of Tustin acquired a fee interest in property and has constructed the Newport Avenue/SR-55 Ramp Reconfiguration Project CIP NO. 70130 thereon; and WHEREAS, the project relocated the northbound on/off ramps to SR-55 from Edinger Avenue to between Edinger Avenue and Valencia Avenue; and WHEREAS, the City of Tustin and the State of California executed Cooperative Agreement No. 12-238 on August 3, 1998 that outlined a land exchange process wherein the City would grant land for the relocated on/off ramps to the State of California by Grant Deed and the State of California would relinquish to the City by Director's Deed the land where the former on/off ramps were located; and WHEREAS, the City has prepared the Grant Deed attached hereto as Attachment 1, and incorporated herein, for the land to be granted to the State of California for the relocated on/off ramps. NOW, THEREFORE, the City Council of the City of Tustin does hereby resolve as follows: 1. The City Council of the City of Tustin grants the parcel of land to the State of California as shown in Attachment 1. 2. The City Council of the City of Tustin hereby authorizes the Mayor and the City Clerk to execute the Grant Deed on behalf of the City of Tustin. 3. Upon execution of the Grant Deed by the City of Tustin, the City Clerk shall retain the Grant Deed until the State of California executes the Director's Deed for the land to be quitclaimed to the City of Tustin. 4. Upon approval of the Director's Deed by the State of California, the City Clerk shall coordinate with the State of California to record the Grant Deed and Director's Deed at the Orange County Recorder's Office. 5. Upon receipt of the recorded Grant Deed, the City Clerk shall mail a copy of the recorded Grant Deed to the State of California Offices, District 12. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7~h day of September 2010 Jerry Amante, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: ~~ _ _-_- i' ~~'~:~ Doug Holland, City Attorney C:\Users\ttranWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UWILOXZL1Resolution 10-83 Grant Deed to Caltrans (3).docx STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 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 is five; that the above and foregoing Resolution No. 10-83 was duly. and regularly passed and adopted at a regular meeting of the City Council held on the 7t" day of September, 2010 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk ATTACHMENT 1 TO RESOLUTION NO. 10-83 Order No. Escrow No. Loan No. APN No. WHEN RECORDED MAIL TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 Exempt from recording fee per Government Code §§ 6103 and 27383 No tax due per Revenue and Tax Code §11922 Written by: KL (PSOMAS) Checked by: SEE Space above this line for Recorder's Use EA:014300 R/W Map No.:120073 APN:430-251-01 Route 55 and Edinger Avenue GRANT DEED District Count Route Post Number 12 ORA 55 9.2-9.5 102672-1 This Grant Deed is made this day of , 2010 by the City of Tustin, a body politic and a Municipal Corporation of the State of California ("Grantor") in favor of the State of California acting by and through its Department of Transportation ("Grantee"). RECITALS A. Grantor, a body politic and a Municipal Corporation of the State of California is fee owner of a parcel of land in the City of Tustin, County of Orange, State of California, being a portion of Lots 65 and 80, Block 10, Irvine's Subdivision as shown on the map filed in Book 1, Page 88, of Miscellaneous Maps in the office of the County Recorder of said County of Orange. B. On August 3, 1998, Grantor and Grantee executed Cooperative Agreement No. 12-238, last amended on October 30, 2009, that outlined the responsibilities of Grantor and Grantee for reconstructing the northbound on and off ramps on Route 55 at Edinger Avenue in the City of Tustin referred to herein as "Project". C. The Project will result in real property that will become excess to the Grantee's needs. In consideration of the Grantor's acquisition of real property for State Highway improvements and the value of said real property is equal to or greater than the value of Grantee's excess property, Grantee is willing to exchange Grantee's excess property for real property acquired by Grantor for the new improvements. D. Section 118 of the Streets and Highways Code authorizes Grantee to exchange real properties or interests therein in the manner and upon terms, standards, and conditions established by the California Transportation Commission (CTC) when Grantee determines that any real property for highway purposes is no longer necessary for those purposes. E. Grantor executes this Grant Deed with the understanding that the Grantee will upon approval by the CTC, or its designated representative, deliver to Grantor a fully executed Director's Deed for recordation which describes the excess property to be conveyed to Grantor, reserving, therefrom access rights in and to Grantee's remaining freeway right of way. 720527. I NOW THEREFORE, BASED ON THE FOREGOING RECITALS AND FOR GOOD AND VALUABLE CONSIDERATION, including, but not limited to, Cooperative Agreement No. 12-238, as amended, the receipt and adequacy of which are acknowledged, the City of Tustin, a body politic and a Municipal Corporation of the State of California, hereby GRANT (S) to the State of California, acting by and through its Department of Transportation the real property in the City of Tustin, County of Orange, State of California as described in Exhibit'A' and shown on Exhibit "B" attached hereto and made a part hereof by this reference. The Grantor further understands that the present intention of the Grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the Grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to Grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway, except for such claims for damages arising out of Grantee's negligence or willful misconduct. GRANTOR City of Tustin Dated Approved as to Form: City Attorney STATE OF CALIFORNIA COUNTY OF ORANGE On before me, ss By: Name: Title: (name of notary public ) personally appeared who 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 who acknowledged to me that helshe/they executed the same in their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary) (This area for official notary seal) 720527.1 CERTIFICATE OF ACCEPTANCE This is to certify, that the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand This day of , 20 Director of Transportation sy Attorney in Fact 720?32.1 EXHIBIT `A' LEGAL DESCRIPTION 102672-1 Those portions of Lots 65 and 80, Block 10 of Irvine's Subdivision, in the City of Tustin, County of Orange, State of California, as shown on the map filed in Book 1, Page 88 of Miscellaneous Maps in the Office of the County Recorder of said County, and more particularly described in the Final Order of Condemnation recorded Apri17, 2010 as Instrument No. 2010000163551, Official Records of said County, described as follows: Beginning at the intersection of that course in the southeasterly line of Parcel 1 of the Grant Deed to the State of California recorded August 19, 1963 in Book 6680, Page 242, Official Records of said County, having a bearing and distance of "South 39°48'55" West 1711.62 feet" (521.703 meters) [South 40°39'01" West for purposes of this description], said aforementioned course being 4.877 meters (16.00 feet) southeasterly of and parallel with the southeasterly line of Newport Avenue, 18.288 meters (60.00 feet) wide, as shown on the map filed in Book 34, Page 17 of Records of Survey, in the Office of the County Recorder of said County, with the northeasterly line of Valencia Avenue, 24.384 meters (80.00 feet) wide, as described in the document recorded March 3, 1966 in Book 7857, Page 551, Official Records of said County; thence along said northeasterly line South 49°20'06" East 6.721 meters (22.05 feet), to a point hereinafter referred to as Point "A"; thence North 58°47'41" East 12.494 meters (40.99 feet); thence North 45°31'55" East 114.194 meters (374.65 feet); thence North 51 ° 14' 19" East 15.328 meters (50.29 feet) to the beginning of a curve concave southerly having a radius of 94.100 meters (308.73 feet); thence easterly along said curve 80.093 meters (262.77 feet) through a central angle of 48°46'01"; thence South 79°59'40" East 110.493 meters (362.51 feet) to a line lying 18.837 meters (61.80 feet) northwesterly of and parallel with the reference line `NE' as shown on Record of Survey No. 2009-1084, filed in Book 236, Pages 21 through 23, inclusive, of Records of Survey, in the Office of the County Recorder of said County, said parallel line being the westerly line of Proposed Newport Avenue; thence along said parallel line South 10°37'49" West si~izoio Page 1 of 4 30.770 meters (100.95 feet); thence South 79°22' 11"East 18.837 meters (61.80 feet) to said reference line `NE'; thence along said reference line the following two courses: 1. North 10°37'49" East 83.241 meters (273.10 feet) to the beginning of a curve concave easterly having a radius of 470.000 meters (1541.99 feet); 2. Northerly along said curve 25.901 meters (84.98 feet) through a central angle of 3°09'27"; thence leaving said reference line North 76°12'44" West 23.092 meters (75.76 feet), radial to the aforementioned reference line, to the beginning of a curve concentric with said aforementioned curve, said beginning hereinafter referred to as Point "B", said concentric curve being the westerly line of said Proposed Newport Avenue, as shown on said Record of Survey; thence along said westerly line of Newport Avenue the following two courses, said westerly line being concentric and parallel with said reference line `NE' 1. Southerly along said curve 27.174 meters (89.15 feet) through a central angle of 3°09'27"; 2. South 10°37'49" West 3.304 meters (10.84 feet); thence leaving said westerly line South 51 ° 13' 33" West 3.554 meters (11.66 feet); thence North 79°53'06" West 53.816 meters (176.56 feet) to the beginning of a curve concave northeasterly having a radius of 41.000 meters (134.51 feet); thence northwesterly and northerly along said curve 78.806 meters (258.55 feet) through a central angle of 110°07'39"; thence North 30°14'34" East 84.497 meters (277.22 feet) to the southwesterly terminus of that course in the southeasterly line of said Parcel 1 having a bearing and distance of "South 55°42'28" West 831.87 feet" (253.554 meters); thence along said southeasterly line the following two courses: 1. South 42°57' 14" West 274.500 meters (900.59 feet); 2. South 40°39'01" West 107.046 meters (351.20 feet) to the Point of Beginning; Containing 16,746 square meters (180,250 square feet). This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutters rights, including access rights, appurtenant to snizo i o Page 2 of 4 the grantor's remaining property, in and to said freeway over and across that portion of said Lot 80 described as follows: Beginning at the above referenced Point "A"; thence North 58°47'41" East 12.494 meters (40.99 feet); thence North 45°31'55" East 114.194 meters (374.65 feet); thence North 51 ° 14' 19" East 15.328 meters (50.29 feet) to the beginning of a curve concave southerly having a radius of 94.100 meters (308.73 feet); thence easterly along said curve 80.093 meters (262.77 feet) through a central angle of 48°46'01"; thence South 79°59'40" East 110.493 meters (362.51 feet) to a line lying 18.837 meters (61.80 feet) northwesterly of and parallel with the reference line `NE' as shown on Record of Survey No. 2009-1084, filed in Book 236, Pages 21 through 23, inclusive, of Records of Survey, in the Office of the County Recorder of said County, said parallel line being the westerly line of Proposed Newport Avenue; thence along said parallel line South 10°37'49" West 30.770 meters (100.95 feet); Together with the aforementioned abutter's rights, including access rights, over and across that portion of said Lots 65 and 80 described as follows: Beginning at the above referenced Point "B", said point being the beginning of a curve concave easterly and having a radius of 493.092 meters (1617.75 feet), a radial line to said points bears North 76°12'44" West, said curve being concentric to the curved reference line `NE' having a radius of 470.000 meters (1541.99 feet), as shown on said Record of Survey; thence southerly along said curve 27.173 meters (89.15 feet) through a central angle of 3°09'27"; thence South 10°37'49" West 3.304 meters (10.84 feet); thence South 51°13'33" West 3.554 meters (11.66 feet); thence North 79°53'06" West 53.816 meters (176.56 feet) to the beginning of a curve concave northeasterly having a radius of 41.000 meters (134.51 feet); thence northwesterly and northerly along said curve 78.806 meters (258.55 feet) through a central angle of 110°07'39"; thence North 30°14'34" East 84.497 meters (277.22 feet) to the southwesterly terminus of that course in the southeasterly line of said Parcel 1 having a bearing and distance of "South 55°42'28" West 831.87 feet" (253.554 meters). anizo i o Page 3 of 4 Distances as described above are grid distances. Ground distances may be obtained by multiplying grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 1.00002134. Attached hereto and made a part thereof is a map entitled Exhibit "B". This map is for informational purposes only and is subordinate in all respects to the above description. This legal description was prepared by me or under my direction. ~L LAND S~ (. WGt~J g' ~~ Z o I o a N o. 5282 ~ Jeremy L. Evans, PLS 5282 Date ~` Exp. 12/31 /11 ~' J1~Tc~ ~ O~~\Q- OF CALF 8/7/2010 Page 4 of 4 EXHIBIT "B" NEWPORT FREEWAY SR-55 r 1 NAL ORDE2 Or COND~NINA-f 1 ON ,:n CASE ND, d3CCd7137 o !~ ° 1NS7. ND. 201DddD1b3551; O.R. O 0 ~ N o N POR. LOTS b5 -? 80; DLUGJ< l d ~ o IRVJN~'S SUDDIV1SlON lYl.l~/1. 1/38 E N ~ SE'LY LINES PARCEL 1 CALTRANS APPRAISAL C/L NEWPORT AVE. AS N °' ~" ~ r POB BK 6680 PG 242, O.R. N1AP N0. ~ 12dd73 SHOWN ON RS 34/17 °' c~i ~ co S40° 39'01"W 9.144m (30.00') SE'LY LINE PARCEL 1 6680 PG 242, O.R. NEWPORT AVENUE BK _~107.046m(351.20')-~ _ _SE'LY _ CITY LINE_ NEWPORT A VE.-1~ OF SA NT A ANA PT ~~ A ~~ _ _ _ _ _ _ S42 57'14"W 274.SOOm (900.59') CITY OF TUSTIN 4.877m (16.00') 102672-0 114.194m(374.65') 16,746 45° 31'55" SQ. M. (180,250 SQ. FT.) 497R' ' _ SE'C y L E 58° 47'41' E 40.99' (12.494m) N51° 14'19"E 4„E a277.22 ~./ N30° 14 3 ' " BgRCeL NE - PG 2480 / i 15.328m (50.29') / ~=110° 07 39 2, p W~~ ~~~ Z o W ~ ~~~ zl Q , V, Z Q ~p0 ~~ 0 991 F ~ ~~ ; R'~15 ~~~ ~ ~~3~\7030 ~ G2 AL ~~~A~~~~ OODO~D tS` ~ \~' i~ p ' ~~ ~ ccJ~~ ~~~c~. 6'- G~ ~S , r'~, ~~ ¢ , 'n ~' CURVE DATA DELTA RADIUS LENGTH C1 C2 03°09'27" 03°09'27" 493.092m (1617.75') 470.000m (1541.99') 27.174m (89.15') 25.901m (84.98') ~=48° 46'01" R=94.100m (308.73') L=80-093m (262.77') F1NA1 URD~'R OF COND~NII`lA-(1DN CASE >`J0. d3CCD7137 1NST, N0. 2dldddOlb35~1; O,R, ~~ O ~~ ~ `~° 3 st9, ~v' O ~~ ~ 's, 7 R ~ti g ~ ~~ ~ S1~ ~ X100 ~ ~~ ,~~' p ~ ~ ~ ~ ~~ ~~ h ~~0 -50 ~g ~/ ~ ~~ \~ \~rbh 3 ~$ $ ~ ~ NG~ ~ ZU ~~ ~ 01 ~\ J 2 ~ 5 0 ~ r~ ~~F~ z~ ~• ~, R-41.000m (134.51) ~ L=78.806m (258.55') PROPOSED ~ ACCESS PROHIBITION ,~ ~ 61 PT"g.. ~6 ~2~` ~~5~ ,G1 , 2~ ~~ 0' 100' 200' 300' SCALE 1" = 200' LINE DATA BEARING DISTANCE L1 N79°53'06"W 53.816m (176.56') L2 S51°13'33"W 3.554m (11.66') L3 S10°37'49"W 3.304m (10.84') DESCRIPTION IN THE CITY OF TUSTIN,000NTY OF ORANGE,STATE OF CALIFORNIA BEING THOSE PORTIONS OF LOTS 65 AND 80, BLOCK l0, IRVINE'S SUBDNISION, M.M.I/88, MORE PARTICULARLY DESCRIBED /N THE FINAL ORDER OF CONDEMNATION, INST.N0.2010000/6355/, O.R. PSOMAS 3 Hutton Centre, Suite 200 Sonm Ana, C°lifornio 92707 (7747757-7373 (7147545-8883 I~AX) SHEET 10E 1 SCALE 1"=200' DRAFTED RTN/KVO CHECKED JLE DATE 8/04/2010 JOB NUMBER 2TUS011301 RECORDING REQUESTED BY DEPARTMENT OF TRANSPORTATION WHEN RECORDED MAIL TO: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 3347 MICHELSON DRIVE, SUITE 100 IRVINE, CALIFORNIA 92612-8894 ATTN: EVANGELINA WASHINGTON R/W TITLES & ESCROW This office is exempt from filing fees under Government Code 6103 & 27383. No tax due for Revenue & Taxation Code 11922. __ Written by: KL(PSOMAS) Checked by: EA:014300 R/W Map No.: E120073 CO?Y Space above this line for Recorder's Use Route 55 and Edinger avenue DIRECTOR'S DEED ~QUItClalrll~ District Count Route Post Number 12 ORA 55 9.2-9.5 DK000066-01-01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby release and quitclaim to CITY OF TUSTIN, A BODY POLITIC AND A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA all right, title and interest in and to all that real property in the City of Santa Ana and the City of Tustin, County of Orange, State of California, described as: See Exhibit "A" for legal description and as depicted on Exhibit "B", both attached hereto and by this reference made a part hereof. MAI L TAX STATEMENTS TO CITY OF TUSTIN, CITY CLERK 300 CENTENNIAL WAY TUSTIN, CA 92780 Form RW 6-1 (T) (Revised 01/08) ~~ ~` ~ ~' EXHIBIT `A' LEGAL DESCRIPTION DK000066-01-01 In the Cities of Tustin and Santa Ana, County of Orange, State of California being that portion of the Rancho Santiago De Santa Ana, as described in the document recorded June 28, 1884 in Book 3, Pages 420 through 423, inclusive, of Patents in the Office of the County Recorder of Los Angeles County, State of California, together with those portions of Lots 65 and 80, Block 10 of Irvine's Subdivision, as shown on the map filed in Book 1, Page 88 of Miscellaneous Maps in the Office of the County Recorder of Orange County, described as follows: BEGINNING at the southwesterly terminus of that course in the southeasterly line of Parcel 1 of the Grant Deed to the State of California recorded August 19, 1963 in Book 6680, Page 242, Official Records of Orange County, having a bearing and distance of "South 55°42'28" West 831.87 feet" (253.554 meters) [South 56°32'34" West for purposes of this description]; thence along the southeasterly, easterly, and northeasterly lines of said Parcel 1 the following six courses: 1. North 56°32'34" East 253.548 meters (831.85 feet); 2. North 89°57'41" East 46.229 meters (151.67 feet); 3. South 55°03'42" East 30.632 meters (100.50 feet); 4. North 40°39'01" East 3.356 meters (11.01 feet) to the southwesterly line of Edinger Avenue, having a southwesterly half- width of 12.192 meters (40.00 feet), as shown on Record of Survey No. 2009-1084, filed in Book 236, Pages 21 through 23, inclusive, of Records of Survey, in the Office of the County Recorder of Orange County; 5. Along said southwesterly line of said Edinger Avenue, North 49°21'06" West 144.777 meters (474.99 feet); 8/7/2010 Page 1 of 3 $- ~. 6. South 85°39'08" West 8.623 meters (28.29 feet) to the southeasterly line of Newport Avenue, 18.288 meters (60.00 feet) wide, as shown on the map filed in Book 34, Page 17 of Records of Survey in the Office of the County Recorder of Orange County; thence along said southeasterly line South 40°39'01" West 5.182 meters (17.00 feet) to a point on a line lying 23.470 meters (77.00 feet) southwesterly of and parallel with said centerline of Edinger Avenue; thence along said parallel line North 49°21'06" West 9.162 meters (30.06 feet) to the beginning of a curve concave southwesterly having a radius of 281.325 meters (923.00 feet), said curve lying 23.470 meters (77.00 feet) southwesterly of and concentric with the curved centerline of Edinger Avenue, having a radius of 304.801 meters (1000.00 feet) as shown on Record of Survey No. 2009-1105, filed in Book 239, Pages 26 through 28, inclusive, of Records of Survey, in the Office of the County Recorder of said County; thence northwesterly along said curve 38.229 meters (125.43 feet) through a central angle of 07°47'09"; thence South 17°46' 19" West 66.995 meters (219.80 feet); thence South 30°22' 18" West 208.139 meters (682.87 feet) to the POINT OF BEGINNING. Containing 19,095 square feet (205,536 square feet). Reserving unto said grantor any and all abutters rights, including access rights, appurtenant to the grantor's remaining property, in and to said freeway over and across the aforementioned courses described as follows: South 17°46' 19" West 66.995 meters (219.80 feet) and South 30°22' 18" West 208.139 meters (682.87 feet). Distances as described above are grid distances. Ground distances may be obtained by multiplying grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 1.00002134. 8/7/2010 Page 2 of 3 ~ ~ ~ ~ ~' '', ~ ! Attached hereto and made a part thereof is a map entitled Exhibit "B". This map is for informational purposes only and is subordinate in all respects to the above description. This legal description was prepared by me or under my direction. ~Npt LANO ~~~~~~~~,~( L. F~9~,pcL^ / ~ s ~ ~~C-t-t~wv,-r l~ GL/J 8- 0 7~ Z o ~~ ~° o °- No. 5282 ~ Jeremy L. Evans, PLS 5282 Date ~" Exp. 12/31 /11 ~ ~~~~ ~ ~ 0~~\~- ~F CAS ~ 8/7/2010 Page 3 of 3 EXHIBIT "B" ~. ~, ~~ PDi~ ~ rlAl`1CHD SAN71 AGD D~ SANTA Al`lA ~ lR~ PATrN-fs ~K 3 PDS ~I2o- ;23 5~'~~N 19.~~! C/L NEWPORT AVE. AS 55 N~2° 6 5~ SHOWN ON RS 34/17 Wpy SR~ 5~~66gg8p`l W P ORT FREE PRON)gI710N ~2~g • 9.144m NEWPORT NE OSED ACCESS \ C1 (30.00') AVENUE PROP 530° Z~'18'~W(6g2.87) CITY OF SANTA ANA ~39m - - _ _ _ _ _ _ Z0a' c390.33 CITY OF TUSTIN 118.973m - - - - L1 --- -- g9.16654,~ DK00006 6-01-01 L2 ` t292' PDR. LDTS b5 2 20, ~LDC,< 1U _ POB 1RV1N~'S SU2DJV1S1D1`1 IVI.A/1, 1/22 0~ BKR6680NE NSg°32`34"E ~SSS°S48m 9.095 SQ. M.cA OfRANS A~PRAI,sAL Ior 42, 8,3j A/lAP ND, ~ l 2DD /.~ o ~ PG 242, O.R. 28" 8S'J cv BK 668 Np P RCeK 6680 PC 2q z ~ r 1 NAL OrRD~R DF CD1`1Dr A/11`lA-f 1 JI`I C 242eO.R 2 ORS ~ CASE 1`10. D3CC07137 1NS-f, ND. 201UODU1635j1y D.i~. N89° 57'41"E L= 46.229m (151.67' > ARCEL 1 ~•K• S55° 03'42"I 30.632m (100.50') N40° 39'01"E 3.356m (11.01' ) CURVE DATA ' DELTA RADIUS LENGTH C1 07°47'09" 281.325m (923.00') 38.229m (125.43') 0' 100' 200' 300' SCALE 1" = 200' LINE DATA BEARING DISTANCE L1 S40°39'01"W 5.182m (17.00') L2 S85°39'08"W 8.623m (28.29') L3 N49°21'06"W 9.162m (30.06') DESCRIPTION IN THE CITIES OF TUSTIN AND SANTA ANA,000NTY OF ORANGE,STATE OF CALIFORNIA BEING THAT PORTION OF RANCHO SANTIAGO DE SANTA ANA, PATENTS BOOK 3, PAGES 420-423, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,TOGETHER WITH THOSE PORTIONS OF LOTS 65 AND 80, BLOCK l0, IRVINE'S SUBDIVISION, M.M. l/88. R=1000.00' (304.801m) (1,000.00 GRID PER RSB 239/26-28) 23.470m (77.00') /1B.288m (60.00') L3 12.192m (40.00') W Z ~ W o Q N ~ a~ W ~ ~ z Z W 12.192m (40.00') P S O M A S 3 Mutton Centre, Suite 200 Santo Ana. Coiilornio 92707 (714)751-7373 (714)545-8883 fFAxl SHEET 1 OE 1 SCALE 1"=200' DRAFTED RTN/KVO CHECKED JLE DATE 8/06/10 JOB NUMBER 2TUS011301 r~iFOAiS~FxNiRir~nKnnnn~A-n ~ ~~ ~~ ~ i Number DK000066-O1-01 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this _day of 20 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM AND PROCEDURE Director of Transportation ATTORNEY DEPARTMENT OF TRANSPORTATION By Attorney in Fact State of California County of On ACKNOWLEDGMENT T SS before personally appeared ere rose name an i e o e o icer who 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Form RW 6- CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the City of Tustin by the foregoing Director's Deed, which is dated ,and executed by the State of California (Grantor) is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. 95-39, dated April 3, 1995. The City of Tustin, as Grantee, consents to recordation of said Grant Deed. Dated: , Approved as to form: City Attorney Name: Title: 72032.1