HomeMy WebLinkAboutCC RES 02-068 RECORDING REQUESTED BY:
• •
City of Tustin - -
Recnrdeti in Cf:i.:;a1 Records. County of Orange
AND WHEN RECORDED MAIL TO: !}•� ,rn` Isl:•:;in l N,lcru r• CIeCF-Re.:orrl.er
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City of Tustin 2002078262? U') 4Cum U9i1310
t 12 51 i228 28
City Clerk's Office n ci,: u Un 0.00 c wi 0.00 6.011 a O0 0.00
300 Centennial Way
Tustin, CA 92780 •
RECORDING FEES EXEMPT PER GCS 6103
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RESOLUTION 02-68 eii4‘Q(
4Y
Cvrsht.CoRe
1 RESOLUTION NO. 02-68
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A
PORTION OF ASSESSOR'S PARCEL NOS. 430-263-03 & 430-263-
04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL
DETERMINATION FOR THE EDINGER AVENUE (SMART
STREET) WIDENING PROJECT (CIP NO. 7147) AND APPROVING
THE PURCHASE AGREEMENT
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the acquisition of a portion of Assessor's Parcel Nos.
430-263-03 & 430-263-04 is needed for public use, namely to be utilized
for the Edinger Avenue (Smart Street) Widening Project within the City of
Tustin; and
WHEREAS, on April 16, 2001, the Tustin City Council certified that
the Final Mitigated Negative Declaration as adequately addressing the
environmental effects of the Edinger Avenue (Smart Street) Widening
Project; and
WHEREAS, the acquisition of property, including a portion of
Assessor's Parcel Nos. 430-263-03 & 430-263-04 was considered in the
Final Mitigated Negative Declaration; and
WHEREAS, State law authorizes the City to acquire the property for
the above stated purpose; and
WHEREAS, the owners of Assessor's Parcel Nos. 430-263-03 &
430-263-04 have executed the Purchase Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Tustin, as follows:
1. ENVIRONMENTAL FINDING
The City Council of the City of Tustin finds that the effects of the
proposed acquisition were considered in the Final Mitigated Negative
Declaration and that no additional environmental review is required.
2. PUBLIC USE
The public use to which a portion of Assessor's Parcel Nos. 430-263-03
& 430-263-04 is needed for the widening of an existing roadway, to wit,
Edinger Avenue within the City of Tustin.
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Resolution No. 02-68
Page 2
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DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO BE
ACQUIRED
The property to be acquired is described as a portion of Assessor's
Parcel Nos. 430-263-03 & 430-263-04, its address being 1301 Edinger
Avenue and more particularly described in Exhibit A, Legal Description
of Property attached and incorporated herein by reference. The
Purchase Agreement is attached as Exhibit 1.
4. STATUTORY FINDING
The City Council makes the following additional findings:
a. The public interest and necessity require the widening of Edinger
Avenue to accommodate additional traffic within the City of Tustin.
bo¸
The proposed project is planned and located in a manner that will
be most compatible with the public good and the least private
injury.
c. The property described above is necessary for the proposed road
widening of Edinger Avenue
d. An offer of purchase of the property has been made to the owner of
the property pursuant to Government Code Section 7267.
5. AUTORIZATION
The Purchase Agreement is hereby approved and the City Manager
and City Attorney are authorized and directed to perform all acts
necessary on behalf of the City for the acquisition of said property.
6. EXPENDITURE OF FUNDS
The City Manager is hereby authorized to expend funds available to the
City for the acquisition of real property described herein.
7. RECORDING
The City Clerk is hereby authorized and directed to record a certified
copy of this resolution at the Office of the County Recorder, County of
Orange.
AGREEMENT TO PURCHASE REAL PROPERTY
1301 EDINGER AVENUE, TUSTIN, CALIFORNIA
THIS AGREEMENT is entered into this day of ,2002, by
and among the City of Tustin, a municipal corporation (hereinafter "City"), and Harvey
Kates and Joyce Kates, and M. Stanley Muskat (hereinafter "Seller").
RECITALS
1. Seller owns improved real property at 1301 Edinger Avenue, Tustin,
California, which is shown on Exhibit "A" (hereinafter referred to as the "Property").
Exhibit "A" is attached hereto and is incorporated herein by this reference.
.
purpose.
The City desires to acquire the Property for a potential future public
3. The Seller desires to sell the Property to the City.
NOW, THEREFORE, in view of the above-recitals and mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
Section 1. Sale/Purchase of Property
On the terms and conditions set forth herein, Seller agrees to sell the Property to
City and City agrees to purchase the Property from Seller. The total purchase price,
payable in cash through escrow, shall be Sixty-Seven Thousand Seven Hundred Fifty
Dollars and 00/100 ($67,750.00). In exchange for receipt of this amount, Seller releases
City of any and all claims by Seller under the United States Constitution Amendments 5
and 14, and for any and all claims under state law, including but not limited to claims for
relocation benefits and loss of goodwill.
Section 2. Timeframe for Completion of Obligations/Escrow
This sale shall be consummated through an escrow. As soon as possible after
this Agreement is executed, City agrees to open an escrow in accordance with this
Agreement at First American Title Insurance Company ("Escrow Holder") ("Open
Escrow"), 2 First American Way, Santa Ana, California, 92707, Attention: Maria Mena
("Escrow Officer"). This Agreement, along with Exhibits "A," "B," and "C" attached
hereto, constitutes the escrow instructions of City and Seller to the Escrow Holder,
which may be supplemented by escrow holders form agreement. As soon as possible
after opening of escrow, Seller shall execute the grant deed attached hereto as Exhibit
"C" and incorporated herein by this reference, and shall deposit the deed with the
Escrow Officer. Subject to the conditions described in Section 8, City shall deposit into
escrow the sum set forth in Section 1 above, payable to Seller. The closing date for the
escrow shall be no later than thirty (30) days after opening of escrow, unless such date
is extended by written agreement of the parties. "Close of Escrow" shall be the date
when the grant deed to the City is recorded. Except as provided in Section 8, City shall
pay escrow and closing costs. City shall also pay the costs of the ALTA title insurance
referenced in Section 8.1.
Section 3. Warranty Against Easements Not of Record
To the current, actual knowledge of Seller, Seller warrants to City that as of the
date of this Agreement and as of the date of close of escrow, Seller has not granted any
unrecorded easements or licenses on the Property.
Section 4. Warranty of No Governmental Action
To the current, actual knowledge of Seller, Seller warrants that there is not now,
and as of close of escrow, there will not be, any violation of any law, ordinance, rule, or
administrative or judicial order affecting the Property, nor is there any judicial order
affecting the Property, nor is there'any condemnation, zoning change, or other
proceeding or action (including legislative action) pending, threatened, or contemplated
by any governmental body, except City, authority, or agency that will in any way affect
the size or use of, improvements or construction on, or access to the Property by City.
This warranty does not apply to governmental action where notice has not been
provided to Seller.
Section 5. Warranty Against Contracts Concerning Property
To the current, actual knowledge of Seller, Seller warrants that as of the date of
this Agreement and as of close of escrow, Seller has not entered into any contracts,
leases, licenses,~ commitments, or undertakings respecting the Property, or for the
performance of services on the Property, or for the use of the Property or any part of it
or any agreement or contract of any kind pertaining to the Property by which City would
become obligated or liable to anyone.
Section 6.* Warranty Against Violations
To the current, actual knowledge of Seller, Seller warrants and represents that as
of the date of this Agreement and as of close of escrow, Seller has no notice or
knowledge of any violation of any statute, ordinance, regulation or administrative or
judicial order or holding, whether or not appearing in public records, with respect to the
Property or any improvements on the Property.
Section 7. Environmental Compliance
7.1 Seller warrants and represents that, during the time in which Seller has
owned the Property, neither Seller nor, to the current, actual knowledge of Seller, any
third party, has used, generated, manufactured, produced, stored or disposed of, on,
under, or about the Property or transported to or from the Property any hazardous
materials, including without limitation, flammable materials, explosives, asbestos,
radioactive materials, hazardous wastes, toxic substances, or related injurious
materials, whether injurious by themselves or in combination with other materials. To
the current, actual knowledge of Seller there is no proceeding or inquiry by any
governmental authority, including without limitation, the California or Federal
Environmental Protection Agency or the California State Department of Toxic Control, or
state or regional water quality board, with respect to the presence of such hazardous
materials on the Property or their migration from or to other property. For purposes of
this Agreement, the term "hazardous materials" shall include but not be limited to
substances defined as "hazardous substance," "hazardous materials," or "toxic
substances" in the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (Title 42 United States Code Sections 9601-9675);
the Hazardous Materials Transportation Act, as amended (Title 49 united States Code
Sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as
amended (Title 42 United States Code Section 6901-6992k); and any substance
defined as "hazardous waste" in Health and Safety Code Section 25117 or as
"hazardous substance" in Health and Safety Code Section 25316, and in the regulations
adopted and publications promulgated under these laws.
7.2 Seller hereby agrees to indemnify, protect, hold harmless, and defend
City, its council members, officers, employees, agents, from and against any and all
loss, expense, damage and liability, including without limitation (1) all foreseeable and
unforeseeable consequential damages, directly or indirectly arising from the use,
generation, storage, or disposal of hazardous material on the Property by Seller,
Seller's tenants, or other person using the Property with Seller's actual knowledge or
consent; and (2) the cost of any required or necessary repair, cleanup, or detoxification
and the preparation of any closure or other required plans, regardless of whether such
action is required before or after the close of esCrow, but only to the extent that such
liability is attributable, directly or indirectly, to the presence or use, generation, storage,
release, threatened release, or disposal' of hazardous materials by Seller, Seller's
tenants, or other person using the Property with Seller's consent or actual knowledge
that occurred while Seller owned the Property. Seller's indemnity shall survive close of
escrow.
7.3 From and after Close of Escrow, City agrees to indemnity, protect, hold
harmless and defend Seller from and against any and all loss, expense, damage and
liability, including without limitation (1) all foreseeable and unforeseeable consequential
damages, directly or indirectly arising from the use, generation, storage, or disposal of
hazardous material on the Property by City; and (2) the cost of any required or
necessarY repair, cleanup, or detoxification and the preparation of any closure or other
required plans, but only to the extent that such liability is attributable, 'directly or
indirectly, to the presence or use, generation, storage, release, threatened release, or
disposal of hazardous materials on the Property by City. City's indemnity shall survive
close of escrow.
Section 8. City's Obligations is Subject to Conditions
City's obligation to perform this Agreement is subject to City's approval of the
condition of title, described in Sections 8.1 and 8.2, City's approval of the condition of
the Property described in Section 8.3, and no breach of representations, as described in
Section 8.4.
8.1 First American Title Insurance Company shall be able to issue in favor of
City an ALTA standard owner's policy of title insurance dated as of close of escrow with
liability not less than the purchase price, covering the Property, showing title vested in
City, and showing as exceptions only current general and special real property taxes,
bonds and assessments not yet delinquent, and the exceptions to title that City has
approved.
8.2 Promptly, upon opening of escrow, Escrow Holder shall furnish City with a
title commitment for an ALTA title policy and. legible copies of all documents reported as
exceptions in it ("Title Documents"). City shall notify Seller and Escrow Holder in writing
within ten (10) days after receiPt of the title commitment and the Title Documents of
City's disapproval of any exception in those documents. If any supplemental title
commitment or supplemental Title Documents are submitted, then City shall notify
Seller and Escrow Holder in writing within ten (10) days after City's receipt of such
items, but not later than the date mutually agreed upon by the parties in writing for the
Close of Escrow, of City's disapproval of any title exception set forth therein.
Failure of City to notify Seller and Escrow Holder in writing of City's disapproval
of any title exceptions shall conclusively be considered as City's approval of same. If
City disapproves any title matter referred to in this paragraph, then, at City's option, this
Agreement and the escrow shall be canceled, and in such event all funds or other
things deposited by City shall be returned to City immediately on demand, and City shall
pay all title company and escrow charges.
8.3 City shall pay for a Property Condition Inspection by a competent
inspector selected by the City. City's obligation to close escrow is contingent upon City's
approval of the condition of the Property at its sole discretion.
8.4 If there is a breach of any representation or warranty given by Seller
pursuant to this Agreement that is discovered by City before close of escrow, then City
may nevertheless elect to proceed to close the escrow, in which event City shall be
deemed to have elected to waive such breach, or City may elect to terminate this
Agreement and the escrow, in which event this Agreement shall be canceled. If this
Agreement and the escrow are terminated by City's election under this paragraph, then
all funds or other things deposited by City, if any, shall be returned to City immediately
on demand, and Seller shall pay all title company and escrow charges.
Section 9. Warranty Against Litigation Concerning the Property
To Seller's current, actual knowledge, as of the date of this Agreement and as of
Close of Escrow, no litigation is or will be pending against Seller regarding the use,
operation, development, condition or improvement of the Property, or regarding any
right, title or interest in the Property.
Section 10. Threat of Condemnation
Seller and City acknowledge that the purchase and sale of the Property has been
negotiated under the threat of condemnation of the Property by the City. In the event of
Seller default, City's ability to perform is prejudiced. Accordingly, in the event the
escrow fails to close by reason of a default by Seller, Seller agrees:
A.
Property.
That the public interest and necessity requires the acquisition of the
B. That the Seller waives any claim to severance damages and goodwill
under any eminent domain proceedings commenced at any time hereafter by the City of
Tustin with respect to the Property.
C. That the Seller waives any claim to any relocation assistance in any
eminent domain proceedings commenced by the City of Tustin with respect to the
Property.
D. Seller acknowledges that in waiving these claims they have not relied on
any representations or statements made or said by City, its agents, attorneys or other
representatives.
Section 11. Attorneys' Fees
If any party files an action or brings any proceeding against the other arising from
this Agreement, or is made a party to any action or proceeding brought by the Escrow
Holder, then as between City and Seller and City, the prevailing party shall be entitled to
recover as an element of its costs of suit, and not as damages, reasonable attorneys'
fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to
recover its costs of suit, whether or not suit, proceeds to final judgment. A party not
entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees
shall be included in calculating the amount of a judgment for purposes of deciding
whether a party is entitled to its costs or attorneys' fee.
Section 12. Warranties to Survive Close of Escrow
All warranties, covenants, and other obligations stated in this Agreement shall
survive close of escrow. All warranties, covenants, and other obligations that the City
discovers to be breached before tender of the deed, and that City either expressly
waives or does not object to before such tender, shall not survive tender of the deed.
Section 13. Binding on Successors.
Except as otherwise provided herein, this Agreement inures to the benefit of, and
is binding' on, the parties, .their respective heirs, personal representatives, successors,
and assigns.
Section 14. Integration Clause
This Agreement constitutes the entire agreement among the parties and
supersedes all prior discussion, negotiations, and agreements whether oral or written.
Any amendment to this Agreement, including an oral modification supported by new
consideration, must be reduced to writing and signed by all of the parties before it will
be effective.
Section 15. No Representation Regarding Legal Effect of Document
No representation, warranty, or recommendation is made by Seller or City or
their respective agents, employees, or attorneys regarding the legal sufficiency, legal
effect, or tax consequences of this Agreement or the transaction, and each signatory is
advised to submit this Agreement to his or her respective attorney before signing it.
Section '16. Counterparts
This Agreement may be executed in counterparts, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument.
Section 17. Time is of the Essence
Time is of the essence of this Agreement, and failure to comply with the time
provisions of this Agreement shall be a material breach of this Agreement.
Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
By:
Pamela. Stoker
City Clerk
APPROVED AS TO FORM:
LOis E. Jeffrey
City Attorney
HARVEY KATES AND JOYCE KATES AS TRUSTEES OF THE .KATES FAMILY
TRUST OF 1986 CREATED ON APRIL 23, 1986, AS TO AN UNDIVIDED ONE,HALF
(1/2) INTEREST AND M. STANLEY MUSKAT, AS TRUSTEE OF THE M. STANLEY
MUSKAT REVOCABLE TRUST, UNDER TRUST INSTRUMENT DATED JUNE 22,
1989, AS TO AN UNDIVIDED ONE-HALF INTEREST, AS TENANTS IN COMMON
arvey/Kates, Tfdstee
Joyce Kate. c_.~s, Trustee
Dated'
Dated:
Dated:
EXHIBIT A
Legal Description of Property
RBF CONSULTING
14725 Alton Parkway
Irvine,~ California 9263.8
EXHIBIT "A"
LEGAL DESCRIPTTON
Revised June 5. 2002
-August 31, 3.999
,1N 10-034145.09
Page 1 of i
EDINGER AVENUE
PARCEL 10007
(KATES FAMILY TRUST OF '1986)
That certain parcel of land situated in the City of Tustin, County of Orange, State
of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown
on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office
of the County Recorder of said Orange County, included within a strip of land 1.524
meters wide, the southwesterly line of which is described as follows:
Beginning at the most easterly corner of the land described in the Grant Deed to the
City of Tustin recorded November 16, 1972, in Book 10429, Page 818 of Official
Records, said corner also being in the southeasterly line of the land described in
a Grant Deed to David Konis et al, recorded July 19, 1972, in Book 10229, Page 868
of Official Records, both in said 'Office of the Orange County Recorder;
thence along the northeasterlY line of said land of Tustin North 49°21'05'' West
95.296 meters to the northwesterly line .of said land of David Konis et al.
Said strip of land shall be lengthened or shortened southeasterly and northwesterly
so as to terminate in said southeasterly and northwesterly lines of the land of David
Konis et al.
CONTAINING: 144.814 square meters, more or less.
Unless otherwise noted, all bearings and distances in this description are metric
ground based on the California Coordinate System, {CCC83} Zone VI NAD 1983 (1991.35
O.C.S. GPS Adjustment}
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
.,
EXHIBIT "B" attached and by this reference made a part hereof.
Gregory A. Helmet, L.S. 5134
Vali~31'oh/ro°3ug h/,//
10
LOT. b'.5~
EXHIBIT 'B '
SK,~-rCH TO ACCOI~PANY A
LEGAL DESCRIPTION FOR
EDINGER A VENUE
PARCEL 10007
(K~ TES F~/L Y TRUST OF 1986)
CONTaiN/NC 144.~1~ SOU~RE ~ETERS _+
SCALE= 1:500
7227,
765,
P.O.B.
SHEET I OF I SHEETS
CONSULTING ~ · ~~
A~T 31, 1999 J.U. 1~145-9
~' ~PS~ATA ~541145~D~G~E~IBITS~ 14~XO10.D~G
RBF CONSULTING
14725 A1 ton Parkway
Irvine, California 92618
EXHIBIT "A"
LEGAL DESCRIPTION
Revised June 5, 2002
August 31, 1999
JN 10-034145.10
Page 1 of 2
EDINGER AVENUE
PARCEL 10008
. (KATES FAMILY TRUST OF 1986
AND M. STANLEY MUSKAT REVOCABLE TRUST)
That certain parcel of land situated in the City of Tustin, County of Orange,
State of California, being that portion of Lot 66, Block 10 of Irvinems
Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous
Records Maps in the Office of the County Recorder of said Orange County,
described*as follows:
Beginning at the most easterly corner of the land described in a Grant Deed to
the City of Tustin recorded October 17, 1975, in Book 11542, Page 773 of Official
Records, said corner also .being in the southeasterly line of the land described
in a Grant Deed to Long Beach Salt Company recorded September 22, ~1964, in Book
7227, Page 765 of Official Records, both in said Office of the Orange County
Recorder;
thence along the northeasterly line of said land-of Tustin North 49°21'05'' West
60.960 meters to the northwesterly line of said land of Long Beach Salt Company;
thence along said northwesterly line North 40o38'30" East 1.524 meters to a line
parallel with and' 1.524 meters'northeasterly of said northeasterly line;
thence along said parallel line South 49o21'05" East 13.729 meters;
thence North 85°38'55'' East 4.742 meters to a line parallel with and 4.876 meters
northeasterly of said northeasterly line;
thence along said parallel line South 49°21'05'' East 14.630 meters;
thence South 04o21'05" East 4.742 meters to a line parallel with and 1.524 meters
northeasterly of said northeaSterly line;
thence along said parallel line South 49°21'05' East 25.283 meters;
RBF Consulting
Edinger Avenue Parcel 10008
(Kates Family Trust of 1986 and
M. Stanley Muskat Revocable Trust)
EXHIBIT "A"
Revised June 5, 2002
August 31, 1999
JN 10-034145.10
Page 2 *of 2
thence North 85°38'55'' East 0.864 meters to a point in said southeasterly line
of the land of Long Beach Salt Company, distant thereon North 40038'30" East
2.134 meters from the POINT OF BEGINNING;
thence along said southeasterly line South 40°38'30'' West 2.134 meters to the
POINT OF BEGINNING.
CONTAINING: 153.316 square meters, more or less.
Unless otherwise noted, all bearings and distances in this description are metric
ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983
(1991.35 O.C.S. GPS Adjustment)
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records.
EXHIBIT "B" attached and by this reference made a part hereof.
Gregory A. Helmer, L.S. 5134
·
SCALE= 1:500
BOOK 7227, P~, 78d, 0,~
4.742m
EXHIBIT 'B'
SKETCH TO AOCO~IPANY A
I.~8AL DESCRIPTION FOR
EDINGER A VENUE
PARCEL 10008
(KATES FAIdlLY TRUST OF 1986 AND
Id. STANLEY IdUSKAT REVOCABLE TRUST)
CONTAINING 15Z.$16 SQUARE klETERS z~
SHEET I OF I SHEETS
~ ~T~ P~WAY
CONSULTING ~ · ~m~ · m~m
~Y. ~ 5, 2~2
A~T ~1, 1999 J.N. 1~ 145. 10
~' i~PSiPDA TA ~ 145~D~G~EXHIBITS~ 14~011.D~
EXHIBIT B
Escrow Instructions
1, Escrow
City and Seller agree to open escrow in accordance with Section 2 of this
Agreement. This Agreement constitutes the joint escrow instructions of City and Seller,
and Escrow Agent to whom these escrow instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts
necessary to close this escrow in the shortest possible time.
As soon as possible after open of escrow, Seller will execute the Grant Deed
attached to this Agreement as Exhibit "C" and deposit .the executed deed with Escrow
Agent on City's behalf. City agrees to deposit the purchase price upon demand of
Escrow Agent. City and Seller agree to deposit with Escrow Agent any additional
instruments as may be necessary to complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller will
cancel Seller's own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a
general escrow account(s) and may be transferred to any other such escrow trust
account in any State or National Bank doing business in the State of California. All
disbursements shall be made by check from such account.
2,
Escrow Agent is Authorized and is Instructed to Comply with the Following
Tax Adjustment Procedure'
Ao
Pay and charge Seller for any unpaid delinquent taxes and/or penalties
and interest thereon, and for any delinquent or non-delinquent
assessments or bonds against the Property.
Bo
Any taxes which have been paid by Seller, prior to opening of this escrow,
shall not be prorated between City and Seller, but Seller shall have the
sole right, after close of escrow, to apply to the County Tax .Collector of
said county for refund. This refund would apply to the period after City's
acquisition, pursuant to Revenue and Taxation Code Section 5096.7.
3. Escrow Agent is Authorized to and Shall'
Ao
Pay and charge Seller for any amount necessary to place title in the
condition necessary to satisfy this Agreement.
Bo
Pay and charge City for escrow fees and cloSing costs payable under this
Agreement.
Co
Disburse funds and deliver deed when conditions of this escrow have
been fulfilled by City and Seller.
The Term "close of escrow", if and where written in these instructions, shall mean
the date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or
supplement to, any instructions must be in writing.
1
Time is of the Essence in these Instructions and Escrow is to Close as
Soon as Possible
If (except.for deposit of money by City, which shall be made by City upon
demand of Escrow Agent before close of escrow) this escrow is not in condition to close
within thirty (30) days from date of these instructions, any party who then shall have fully
complied with these instructions may,-in writing, demand the return of their money or
property; but if none have complied, no demand for return thereof shall be recognized
until five (5) days after Escrow Agent shall have mailed copies of such demand to all
other parties at the respective addresses shown in these escrow instructions, and if any
objections are raised within said five (5) day period, Escrow Agent is authorized to hold
all papers and documents until instructed by a court of competent jurisdiction or mutual
instructions. If no demands are made, proceed with closing of this escrow as soon as
possible.
5. Permission to Enter on Premises
Seller hereby grants to City, or its authorized agents, permission to enter upon
the Property at all reasonable times prior to close of escrow for the purpose of making
necessary or appropriate inspections.
6. Loss or Damage to Improvements
Loss or
other casualty,
Seller. In the
damage to the real property or anY improvements thereon, by fire or
occurring prior to the recordation of the Deed shall be at the risk of
event that loss or damage to the real property or any improvements
thereon, by fire or other casualty, occurs prior to the recordation of the Deed, City may
elect to require that the Seller pay to City the proceeds of any policy of insurance which
may become payable to Seller by reason thereof, or to permit such proceeds to be used
for the restoration of the damage done, or to reduce the total price by an amoUnt equal
to the diminution in value of said Property by reason of such loss .or damage or the
amount of insurance payable to Seller, whichever is greater.
7. Closing Statement
Seller instructs Escrow Agent to release a copy of Seller's statement to City; the
purpose is to ascertain if any reimbursements are due Seller.
EXHIBIT C
FORM OF GRANT DEED
Recording requested by City of Tustin
When recorded return to:
City of Tustin
City Clerks Office
300 Centennial Way
Tustin, CA 92780-3715
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
Parcel Number: 10007 & 10008 Assessor's Parcel Number: 430-263-03 & 04
FOR VALUABLE CONS]~DERA'I'ZON, receipt of which .is hereby acknowledged, HARVEY KATES AND ,3OYCE
KATES AS TRUSTEES OF THE KATES FAIVlILY TRUST OF 1986 CREATED ON APRZL 23, :!.986, AS TO AN
UNDZV[DED ONE-HALF (1/2) INTEREST AND IVl. STANLEY IvlUSKAT, AS TRUSTEE OF THE M. STANLEY
IvlUSKAT REVOCABLE TRUST, UNDER 'I'RUST INSTRUMENT DATED 3UNE 22, 1989, AS TO AN UNDZV[DED
ONE-HALF ];NTEREST, AS TENANTS ]'N COMIVlON, hereinafter referred to as "GRANTOR", does hereby grant
to the Cib/of TusUn, a Municipal Corporation hereinafter referred to as "GRANTEE'; the real properb/in the
Cib/ of Tus~in, Coun~ of Orange, State of California, described in Exhibit "A" and shown on Exhibit "B"
a[tached hereto and by this reference made a par~ thereof.
Dated this___._._ day of ,2002
Dated:
Dated:
Dated:
Dated
}
STATE OF CALIFORNIA } ss.
COUNTY OF }
On before me,
personally appeared
personally known to me (or 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.
WITNESS my hand and official seal.
HARVEY KATES, TRUSTEE
JOYCE KATES, TRUSTEE
M. STANLEY MUSK, AT. TRUSTEE
Signature
MAIL TAX STATEMENTS TO
(This area for official notaries seal)
RBF CONSULTING
14725 Alton Parkway
Irvine,- California 92618
EXHIBIT "A"
LEGAL DESCRTPTZON
Revised June 5, 2002
August 31, /ggg
JN 10-034145.09
Page 1 of 1
EDINGER AVENUE
PARCEL 10007
(KATES FAMILY TRUST OF 1986)
That certain parCel of land situated in the City of Tustin, County of Orange, State
of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown
on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office
of the County Recorder of said Orange County, included within a strip of land 1.524
meters wide, the southwesterly line of which is described as follows:
Beginning at the most easterly corner of the land ldescribed in-the Grant Deed to the
City_ of Tustin recorded November 16, lg72, in Book 10429, Page 818 of Official
Records, said corner also being in the southeasterly line of'the land described in
a Grant Deed to David Konis et al, recorded July. 19, 1972, in Book 10229, Page 868
of Official Records, both in said Office of .the Orange County Recorder;
thence along the northeaSterlY line of said land of Tustin North 49°21'05" West
95.296 meters to the northwesterly line of said land of David Konis et all
Said strip of land shall be lengthened or shortened southeasterly and northwesterly
so as to terminate in said southeasterly and northwesterly lines of the land of David
Konis et al.
CONTAINING: 144.814 square meters, more or less.
Unless otherwise noted, all bearings and distances in this description are metric
ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35
O.C.S. GPS Adjustment)
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
,,
EXHIBIT "B" attached and by this reference made a part hereof.
Gregory A. Helmer, L.S. 5134
.
~ N33°#$'11"i¢ (RADS_ JVJ.,J~.,./VJ.,
-liT') r')
J/ ~
T 5~~
'~*') R
P'~, ooo,
SCALE= 1:500
xSK, 7227',
P~
P.O.B.
EXHIBIT
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EDINGER A VENUE
PARCEL lO007
(KA TES ?Abl/L Y TRUST OF 1~8~)
CONTAINING 144.8r4 SQUARE UETERS _+
SHEET I OF I SHEETS
RBF coNSULTING
:147Z5 Alton Parkway
Irvine, California 92618
EXHIBIT "A"
· LEGAL DESCRIPTION
EDINGER AVENUE
PARCEL 10008
(KATES FAMILY TRUST OF 1986
AND H. STANLEY HUSKAT REVOCABLE TRUST)
ReviSed 3une 5, 2002
August 31, 1999
,~.N 10-034145.10
Page 1 of 2
That certain parcel of land situated in the City of Tustin, COunty of Orange,
State of California, being that portion of Lot 66, Block 10 of Irvine's
Subdivision as shown on a .map thereof filed in Book 1, Page 88 of Miscellaneous
Records ·Maps in the Office of the County Recorder of said Orange County,
descri bed. as fol tows:
Beginning at the most easterly corner of the land described in a Grant Deed to
the City of Tustin recorded October 17, lg75, in Book 11542, Page 773 of Official
Records, said corner also .being in the southeasterly line of the land described
in a Grant Deed to Long Beach Salt Company recorded September 22, 1964, in Book
7227, Page 765 of Official Records, both in said Office of the Orange County
Recorder;
thence along the northeasterly line of said land of Tustin North 49°21'05" West
60.960 meters to the.northwesterly line of said land of Long Beach Salt Company;
thence along~said nOrthwesterly line North 40°38'30' East 1.524 meters to a line'
parallel with and' 1.524 meters northeasterly of said northeasterly line;
thence along said parallel line South 4g°21'05' Eas't 13.729 meters;
thence North 85038'55'' East 4.742 meters to a line parallel with and 4.876 meters
northeasterly of said northeasterly line;
thence along said parallel line South 49°21'05'' East 14.630 met·ers;
thence South 04°21'05' East 4.742 meters· to a line parallel with and 1.524 meters
· northeasterly of said northeasterly line;
thence along said parallel'line South 49°21'05'' East 25.283 meters;
RBF Consulting
Edinger Avenue Parcel 10008
(Kates Family Trust of lg86 and
H. Stanley Huskat Revocable Trust)
EXHIBIT "A"
ReVised June 5, 2002
August 31, 1999
3N 10-034145.10
Page Z *of Z
thence North 85°38'55'' East 0.864 meters to a point in said southeasterly line
of the land of Long Beach Salt Company, distant thereon North 40°38'30" East
2.134 meters from the POINT OF BEGINNING;
thence along said southeasterly line South 40o38'30" West 2.134 meters to the
POINT OF BEGINNING.
CONTAINING: 153.316 square meters, more or less.
Unless otherwise noted, all bearings and distances in this description are metric
ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983
(1991.35 O.C.S. GPS Adjustment)
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records.
EXNIBIT "B" attached and by this reference made a part hereof.
Gregory A. Helmer, L.S. 5134
SCALE= 1:500
4.742m
EXHIBIT
SKETCH TO ACCOWPANY A
LEGAL DESCRIPT/ON FOR
EDINGER A VENUE
PARCEL lO00B
(KATES FA~IILY TRUST OF 1986 AND
kLSTANLEY ~iUSKA T REVOCABLE T£UST)
CONTAINING 155.$16 SOUARE METERS
SHEET1 OF I SHEETS
!
~ ~T~ P~AY
~Y. ~ 5, 2~2
i~T Jl, 1999 d.~. 1~1~5. ~0
~' ~P5~PDATA ~ 145~D~G~EXHIBITS~ 14~011.~G
--Subject Parcels
r
m
R. P. LAURAIN
& ASSOCIATES
APPRAISE:RS - ANALYS*T~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 02-68
Page 3
PASSED AND ADOPTED at a regular meeting of the City council of the City
of Tustin held on the 5th of August 2002.
Jeft~~~omas, Mayor
ATTEST:
City Clerk
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 02-68
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02-
68 was adopted at a regular meeting of the City Council held on the 5th day of August,
2002, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Thomas, Worley, Bone, Doyle, Kawashima
None
None
None
Pamela Stoker, Ci~]'Clerk