HomeMy WebLinkAbout06 ADOPT RESOLUTION 10-82AGENDA REPORT
MEETING DATE: OCTOBER 5, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
Agenda Item
Reviewed:
City Manager
Finance Director
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: ADOPT RESOLUTION NO. 10-82 APPROVING LOT LINE ADJUSTMENT
NO. 2010-02 AND AUTHORIZE EXECUTION OF A NEW GRANT DEED
6
N/A
SUMMARY
A lot line adjustment to merge four parcels is required to facilitate construction of a parking
structure at the Tustin Metrolink Station. The proposed lot line adjustment application has been
submitted by OCTA on behalf of the City of Tustin, owner of the Tustin Metrolink Station property.
A new grant deed reflecting the lot line adjustment must be recorded with the County Recorder,
whereby the City grants to itself the newly created parcel.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 10-82 approving Lot Line Adjustment
No. 2010-02 and authorize the Mayor and City Clerk to execute a new grant deed reflecting Lot
Line Adjustment No. 2010-02, whereby the City of Tustin grants to itself the newly created parcel.
FISCAL IMPACT
There is no fiscal impact associated with this item.
DISCUSSION
The California Subdivision Map Act provides local authority to approve lot line adjustments and
parcel mergers. On February 3, 2009, the City Council approved Cooperative Agreement No. C-7-
1195 with the Orange County Transportation Authority (OCTA) to enable OCTA to proceed with
the design and construction of a parking structure at the Tustin Metrolink Station. The property is
owned by the City of Tustin and currently consists of four parcels. It is necessary to consolidate
the existing four parcels into one parcel to comply with the California Building Code (CBC), which
prohibits buildings from being constructed over property lines. To ensure that legal title on the
property reflects the newly created parcel and pursuant to California Subdivision Map Act Section
66412(d), a new deed reflecting the lot line adjustment must be recorded with the County
Recorder, whereby the City grants to itself the newly created parcel.
The Lot Line Adjustment Application has been reviewed by the Community Development
Department and the Public Works Department. The proposed adjustment has been determined to
be in compliance with all zoning requirements of the City, the provisions of the California
Subdivision Map Act, and the California Environmental Quality Act. The resulting parcel will be a
legal building site.
Lot Line Adjustment 2010-02
October 5, 2010
Page 2
Upon recordation of the lot line adjustment with the County Recorder, the recordation date and
instrument number will be inserted into the grant deed and the City Attorney will approve the grant
deed as to form. The grant deed can then be executed by the Mayor and City Clerk and recorded.
~~1~ /~~~~~~~
Do gl s .Stack, P.E. Dana R. Kasdan, P.E.
Dir c or Public Works/City Engineer Engineering Services Manager
Attachments: Location Map
Resolution No. 10-82
Application for Lot Line Adjustment No. 2010-02
Grant Deed
S:\City Council Items\2010 Council Items\LLA2010-02 & Reso 10-82.docx
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RESOLUTION NO. 10-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2010-02 AND
AUTHORIZING THE MAYOR TO EXECUTE A NEW GRANT DEED
WHEREAS, Section 66412(d) of the California Subdivision Map Act makes provisions
for a local agency to approve lot line adjustments where the land taken from one parcel is added
to an adjacent parcel and where no additional parcels are created; and
WHEREAS, the City Council of the City of Tustin has reviewed Lot Line Adjustment No.
2010-02 and has made findings that the real property, described in Exhibit "A" and shown in
Exhibit "B", comply with the provisions of the California Subdivision .Map Act and applicable City
of Tustin Ordinances and Regulations including the requirements for building sites; and
WHEREAS, the City Council of the City of Tustin has made the following findings:
1. That the proposal is eligible for processing as a lot line adjustment pursuant to
Section 66412(d) of the California Subdivision Map Act;
2. That the requirements of the California Environmental Quality Act have been met;
3. That the proposal is consistent with the City of Tustin General Plan; and
4. That the resultant parcel will meet the requirements of the City of Tustin Zoning
Code.
NOW, THEREFORE, BE IT RESOLVED that proposed Lot Line Adjustment No. 2010-
02, as shown on Exhibits "A" and "B", is hereby approved and that the resulting parcel be
considered a building site, subject to the following:
1. The applicant, being the City of Tustin, shall prepare and record a new grant deed
reflecting Lot Line Adjustment No. 2010-02, as shown on Exhibits "A" and "B".
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to
execute a new grant deed reflecting Lot Line Adjustment No. 2010-02, whereby the City of
Tustin grants to itself the newly created parcel;
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 5~' day of October 2010.
Jeny Amante, Mayor
ATTEST:
Pamela Stoker, City Clerk
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. 10-82 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the day of ,
2010 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
S:\City Council Items\2010 Council Items\Attachments -Agreements, Resolutions & Ordinances, etc\Resolution 10-82 LLA2010-02.docx
ATTACHMENT 1
TO
RESOLUTION NO. 10-82
(LOT LINE ADJUSTMENT NO. 2010-02)
RECORDING REQUESTED BY &
WHEN RECORDED MAIL TO:
City of Tustin
Engineering Division
300 Centennial Way
Tustin, CA 92780
APPLICATION FOR
LOT LINE ADJUSTMENT NO. 2. D 14 ' 0 2.
RECORD OWNERS: PARCEL 2
NAME: City of Tustin
PARCEL 7
City of Tustin
ADDRESS: 300 Centennial Way, Tustin. CA 92780
DAYTIME PHONE: (714) 573-3000
PARCEL 8
NAME: Citv of Tustin
ADDRESS: 300 Centennial Way, Tustin. CA 92780
DAYTIME PHONE: (714) 573-3000
300 Centennial Way, Tustin. CA 92780
(714) 573-3000
PARCEL "A"
City of Tustin
300 Centennial Wav, Tustin. CA 92780
(714) 573-3000
(I / We) hereby certify that 1) (I am / we are) the record owner (s) of all parcels proposed for adjustment
by this application, 2) (I / we) have knowledge of and consent to the filing of this application, 3) the
information sub fitted in connection with this application is true and cgrrect.
Signature (s of own r (~ of Parcel 2 Signature (s f owner (s) are 7
Signature (s) of owner (s) of Parcel 8 Signature (s) of owner (s) of Parcel "A"
CONTACT PERSON: Eric Johnson
ADDRESS: 300 Centennial Wav. Tustin. CA 92780
DAYTIME PHONE: (714) 573-3320
OFFICE USE ONLY
DATE RECEIVED A.P. NUMBERS "~3~-,3~{/-/9 REVIEWED & APPROVED BY:
"7//b~20/D ~3~-~D1- lD il~ I g
ZONING DESIGNATION C. E.Q.A. STATUS CITY EhlGl T
Manned Commur~,. .-
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REVIEWED & APPROVED BY CIT
Y
~r1~uS~iQ
f : i
COUNCIL ACTION
F'C- %ND~ ~ /~
DATE:
COMMUNITY DEVEL. DIR ACTION:
DATE: ~.~~~ RESOLUTION:
EXHIBIT "A"
LOT LINE ADJUSTMENT N0. 2010-02
(LEGAL DESCRIPTION)
I OWNER I EXI AP NUMBERELS I REFERENCE NUMBER I
CITY OF TUSTIN 434-201-10, 11 & 18 I PARCEL 1
434-341-19
PARCEL
PARCELS 7 AND 8 AND A PORTION OF PARCEL "A", OF PARCEL MAP N0. 91-265, IN THE CITY OF
TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 276, PAGES
34 THROUGH 44 INCLUSIVE, OF PARCEL MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH A PORTION OF PARCEL 2, OF THAT CERTAIN LOT LINE ADJUSTMENT N0. 97-3, IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED AUGUST 22, 1997 AS
INSTRUMENT N0. 19970409511, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL "A", SOUTH 44°59'38" WEST 195.39 FEET TO A POINT ON A LINE BEING 194.83
FEET SOUTHWESTERLY OF AND PARALLEL WITH THE MOST NORTHEASTERLY LINE OF SAID PARCEL "A" AND
THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE, NORTH 49°20'36"
WEST 796.01 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF PARCEL MAP N0. 97-164,
FILED IN BOOK 306, PAGES 34 THROUGH 38 INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY
RECORDER; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING TWO COURSES; NORTH 00°31'45"
WEST 26.58 FEET; THENCE NORTH 40°39'28" EAST 174.83 FEET TO A POINT ON SAID NORTHEASTERLY
LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 49°20'36" EAST 828.29 FEET
TO THE POINT OF BEGINNING.
CONTAINS: 159,762 SQ FT = 3.668 ACRES
JEFF A. WALDEN, P.L.S. 7914 DATE
SHEET 1 OF 1
EXHIBIT "B"
LOT LINE ADJUSTMENT N0. 2010-02
(MAP)
OWNER EXISTING PARCELS PROPOSED PARCELS I
AP NUMBER REFERENCE NUMBER
CITY OF TUSTIN
~~
434-201-10, 11 & 18
434-341-19
LOCATION MAP & SHEET INDEX
PARCEL "E" /
PARCEL MAP N0. 91-265
P.M.B. 275/34-44
200 100 0 200 PARCEL 1 -I /
LLA N0. 97-3
INST. N0.
19970409511, O.R.
SCALE IN FEET
1 inch = 200 ft.
LEGEND
SUBJECT BOUNDARY
PARCEL LINES TO
BE REMOVED
EXISTING PARCEL LINES
TO REMAIN
RECORD DATA PER
( ) INST. N0. 19970465268
OFFICIAL RECORDS
RECORD DATA PER /
< > PARCEL MAP N0. 97-164
P.M.B. 306/34-38
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NOTE:
THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING
MAPS OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED
THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN.
SHEET 1 OF 3
EXHIBIT "B"
LOT LINE ADJUSTMENT N0. 2010-02
(MAP)
OWNER EXISTING PARCELS PROPOSED PARCELS I
AP NUMBER REFERENCE NUMBER
CITY OF TUSTIN
434-201-10, 11 & 18
434-341-19
50 25 0 50
. ~ SCALE IN FEET
1 inch = 50 ft.~
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PARCEL MAP N0. 91-265 ' ~
P.M.B. 276/34-44 ~ ~
NW'LY LINE PARCEL "A"
PARCEL MAP N0. 91-265
P.M.B. 276/34-44 194.83'
- L14
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PARCEL1
159,762 SF - 3.668 ACRES
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PARCEL MAP N0. 91-265
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PARCEL 1
NOTE: SEE SHEET 3 OF 3 FOR LINE & CURVE TABLES.
SEE SHEET 1 OF 3 FOR LEGEND AND NOTES.
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EXHIBIT "B"
LOT LINE ADJUSTMENT N0. 2010-02
(MAP)
OWNER EXISTING PARCELS PROPOSED PARCELS
AP NUMBER REFERENCE NUMBER
434-201-10, 11 & 18
CITY OF TUSTIN 434-341-19 PARCEL 1
~~ ~ ~~ ~ f NOTE: SEE SHEET 1 OF 3
~ ~ J, ~ FOR LEGEND AND NOTES.
A~'''~J r ~ 3~
~ `~'~f~'~ N 40°39'28" E 174.83'
50 25 0 50 ~~'`~ 1
SE'LY LINE
~ PARCEL MAP N0. 97-164
SCALE IN FEET P.M.B. 306/34-38
1 inch = 50 ft.
194.83'
LINE TABLE
LINE BEARING DISTANCE
L1 N 00° 31' 45" W 26.58'
L2 N 45° 00' 22" W 69.59'
L3 N 45° 51' 36" E 41.19'
L4 N 49° 20' 36" W 128.94'
L5 N 40° 39' 24" E 58.15'
L6 N 49° 26' S2" W 29.99'
L7 N 40° 39' 24" E 84.00'
LS N 49° 20' 36" W 124.01'
L9 N 40° 39' 24" E 65.08'
L10 N 49° 20' 36" W 88.92'
L11 N 40° 39' 24" E 18.92'
L12 N 40° 39' 24" E 52.17'
L13 N 49° 20' 36" W 106.00'
L14 N 40° 39' 24" E 48.00'
L15 N 49° 20' 36" W 2.00'
L16 N 40° 39' 24" E 24.00'
L17 N 49° 20' 36" W 14.17'
L18 N 49° 20' 36" W 35.09'
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LOT LINE ADJUSTMENT N0. 91-2
~ INST. N0. 91-0777285, O.R.-
i
MATCH SHEET 2
ATTACHMENT 2
TO
RESOLUTION NO. 10-82
(GRANT DEED)
Order No.
APN Nos. 434-201-10, 11, & 18
and 434-341-19
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 Taxation
Code § 11922
MAIL TAX STATEMENTS TO:
City of Tustin
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $0
....... Computed on the consideration or value of property conveyed; OR
....... Computed on the consideration or value less liens or encumbrances
remaining at time of sale. Signature of Declarant orAgencydetermining tax-Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the City of Tustin, a political subdivision of the State of California, organized and existing under
and by virtue of the laws of the State of California
hereby GRANT (S) to
the City of Tustin, a political subdivision of the State of California, organized and existing under
and by virtue of the laws of the State of California
the real property in the City of Tustin, County of Orange, State of California, described as:
See Exhibit "A" (1 sheet) and shown on Exhibit "B" (3 sheets) of Lot Line Adjustment No. 2010-02, recorded
2010 as Instrument No. 2010- , of Official Records of Orange County,
California, attached hereto and by this reference made a part hereof.
The purpose of this Grant Deed is to confirm the merger of AP Numbers 434-201-10,11,18, and 434-341-19, owned by
the City of Tustin, into Parcel Reference Number 1 and as described in Lot Line Adjustment No. 2010-02, recorded
2010 as Instrument No. 2010- , of Official Records of Orange County,
California.
GRANTOR
City of Tustin
Dated:
Approved as to Form:
By:
Name: Jerry Amante
Title: Mayor
City Attorney
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On before me,
(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 he/she/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)
EXHIBIT "A"
LOT LINE ADJUSTMENT N0. 2010-02
(LEGAL DESCRIPTION)
OWNER EXISTING PARCELS PROPOSED PARCELS
AP NUMBER REFERENCE NUMBER
CITY OF TUSTIN I 434-201-10, 11 & 18 I PARCEL 1
434-341-19
PARCEL 1
PARCELS 7 AND 8 AND A PORTION OF PARCEL "A", OF PARCEL MAP N0. 91-265, IN THE CITY OF
TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 276, PAGES
34 THROUGH 44 INCLUSVE, OF PARCEL MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH A PORTION OF PARCEL 2, OF THAT CERTAIN LOT LINE ADJUSTMENT N0. 97-3, IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED AUGUST 22, 1997 AS
INSTRUMENT N0. 19970409511, OFFlCIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL "A", SOUTH 44°59'38" WEST 195.39 FEET TO A POINT ON A LINE BEING 194.83
FEET SOUTHWESTERLY OF AND PARALLEL WITH THE MOST NORTHEASTERLY LINE OF SAID PARCEL "A" AND
THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE, NORTH 49°20'36"
WEST 796.01 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF PARCEL MAP N0. 97-164,
FILED IN BOOK 306, PAGES 34 THROUGH 38 INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY
RECORDER; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING TWO COURSES; NORTH 00'°31'45"
WEST 26.58 FEET; THENCE NORTH 40°39'28" EAST 174.83 FEET TO A POINT ON SAID NORTHEASTERLY
LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 49°20'36" EAST 828.29 FEET
TO THE POINT OF BEGINNING.
CONTAINS: 159,762 S4 FT = 3.668 ACRES
a '
No. 7914
8///~D sf, ~P• 12-31-11
9
JEFF A. WALDEN, P.L.S. 7914 DATE lF OF CAS
SHEET 1 OF 1
EXHIBIT "B"
LOT LINE ADJUSTMENT N0. 2010-02
(MAP)
OWNER EXISTING PARCELS PROPOSED PARCELS
AP NUMBER REFERENCE NUMBER
CITY OF TUSTIN 434-201-10, 11 & 18 PARCEL 1
434-341-19
LOCATION MAP & SHEET INDEX
PARCEL "E" /
PARCEL MAP N0. 91-265
P.M.B. 275/34-44
PARCEL 1
SCALE IN FEET
1 inch = 200 ft.
200 100 0 200 LLA N0. 97-3
fNST. N0. SHEET 3
19970409511, O.R.
LEGEND
SUBJECT BOUNDARY
_ PARCEL LINES TO
BE REMOVED
EXISTING PARCEL LINES
TO REMAIN
RECORD DATA PER
INST. N0. 19970465268
OFFICIAL RECORDS
RECORD DATA PER /
> PARCEL MAP N0. 97-164
P.M.B. 306/34-38
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P.M.B. 306/34-38
PARCEL MAP N0. 91-265
P.M.B. 276/34-44
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NOTE:
THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING
MAPS OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED
THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN.
SHEET 1 OF 3
EXHIBIT "B"
LOT LINE ADJUSTMENT N0. 2010-02
(MAP)
OWNER EXISTING PARCELS PROPOSED PARCELS
AP NUMBER REFERENCE NUMBER
CITY OF TUSTIN 434-201-10, 11 & 18 PARCEL 1
434-341-19
50 25 0 50
~' SCALE IN FEET
1 inch =50 ft.~
PAR CAL MAP Nil, 97~~ 6~
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SEE SHEET 1 OF 3 FOR LEGEND AND NOTES.
MATCH SHEET 3
P aR7JON L91/ PAR CAL 2
LLA Nib, 873
1NS7. ND, J987O1~O9~~~~ 17.R, f ~
N'LY CORNER OF PARCEL "A"
PARCEL MAP N0. 91-265 ' ~
P.M.B. 276/34-44~ ~ ~
NW'LY LINE PARCEL "A"
PARCEL MAP N0. 91-265
P.M.B. 276/34-44 184.83'
L14 "'
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PAR EL 1
159,762 SF -I 3.668 ACRES
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PARCEL MAP N0. 91-265 BEGINNING
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SHEET 2 OF 3
EXHIBIT "B"
LOT LINE ADJUSTMENT N0. 2010-02
(MAP)
OWNER EXISTING PARCELS PROPOSED PARCELS
AP NUMBER REFERENCE NUMBER
CITY OF TUSTIN 434-201-10, 11 & 18 PARCEL 1
434-341-19
~ ~~ g~~ NOTE: SEE SHEET 1 OF 3
FOR LEGEND AND NOTES.
~ FAQ ~~ 3Ly.3
~' ? A~~'? ~~~'•$~ 3 N 40°39'28" E 174.83' -
50 25 0 50 ~~'~~~ •~
SE'LY LINE
PARCEL MAP N0. 97-164
SCALE IN FEET ~ P.M.B. 306/34-38
1 inch = 50 ft.
194.83'
LINE TABLE
LINE BEARING DISTANCE
L1 N 00° 31' 45" W 26.58'
L2 N 45° 00' 22" W 69.59'
L3 N 45° 51' 36" E 41.19'
L4 N 49° 20' 36" W 128.94'
L5 N 40° 39' 24" E 58.15'
L6 N 49° 26' S2" W 29.99'
L7 N 40° 39' 24" E 84.00'
L8 N 49° 20' 36" W 124.01'
L9 N 40° 39' 24" E 65.08'
L10 N 49° 20' 36" W 88.92'
L11 N 40° 39' 24" E 18.92'
L12 N 40° 39' 24" E 52.17'
L13 N 49° 20' 36" W 106.00'
L14 N 40° 39' 24" E 48.00'
L15 N 49° 20' 35' W 2.00'
L16 N 40° 39' 24" E 24.00'
l17 N 49° 20' 36" W 14.17'
L18 N 49° 20' 36" W 35.09'
PARCEL 1
159,762 SF - 3.668 ACRES
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LLA N17. 873
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LOT LINE ADJUSTMENT N0. 91-2
INST. N0. 91-0777285, O.R.-
MATCH SHEET 2
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SHEET 3 OF 3