HomeMy WebLinkAbout07 PURCHASE PROP. 09-16-02AGENDA REPORT
NO. 7
09-16-02
400-10 :
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY
FOR THE EDINGER AVENUE (SMART STREET) WIDENING
PROJECT (APN 430-251-01 & APN 430-251-04 - MUTUAL LIQUID
GAS & EQUIPMENT CO., INC. (CIP NO. 7147)
SUMMARY
The proposed Agreement to purchase real property will begin the final process for the City
to acquire the needed right-of-way at 1001 Edinger Avenue (APN 430-252-01 & APN 430-
252-04) to construct the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147).
RECOMMENDATION
It is recommended that the City Council take the following actions:
.
Adopt Resolution 02-85 finding that the acquisition of a portion of Assessor's
Parcel Nos. 430-252-01 & 430-252-04 was considered in the final
environmental determination for the Edinger Avenue (Smart Street) Widening
Project (CIP No. 7147) and approving the Purchase Agreement with Mutual
Liquid Gas & Equipment Co., Inc. (hereinafter "seller").
.
Authorize the' Mayor and City Clerk to execute the Purchase Agreement with
Mutual Liquid Gas & Equipment Co., Inc. on behalf of the City.
FISCAL IMPACT
The Edinger Avenue (Smart Street) Widening Project (ClP No. 7147) is included in the
City's Capital Improvement Program budget. All right-of-way acquisition funds for this
project are comprised of Measure "M" Smart Street Funds and are administered by the City
of Santa Ana. On April 1, 2002, the Tustin City Council approved a Cooperative Agreement
with the City of Santa Ana, which specifies that the City of Santa Ana shall be the lead
agency for administering the Measure "M" Smart Street Funds for the design and
acquisition phases of the project. The Santa Ana City Council approved the Cooperative
Agreement on April 15, 2002. On behalf of the City of Tustin, the City of Santa Ana has
requested that the Orange County Transportation Authority (OCTA) advance $392,670 for
right-of-way acquisition within the City of Tustin. This amount represents the value of eight
of twelve offer letters presented to property owners on Edinger Avenue in April 2002.
Approval of an Agreement to Purchase Real Property for the Edinger Avenue (Smart
Street) Widening Project (APN 430-251-01 & APN 430-251-04 - Mutual Liquid Gas &
Equipment Co., Inc.)
September 16, 2002
Page 2
Subsequently, three additional offer letters have been presented based on new appraisals
recently completed. The last offer letter will be presented pending an updated appraisal.
Once this offer letter is presented, the City of Santa Ana will be notified to request an
advance of funds from OCTA on behalf of the City of Tustin for right-of-way acquisitions for
these last four parcels.
Approval of the Purchase Agreement with Mutual Liquid Gas & Equipment Co., Inc. will
authorize an expenditure of $40,600 for right-of-way acquisition. Escrow and title fees will
be an additional cost. These costs are estimated at $2,000.
BACKGROUND
The Edinger Avenue (Smart Street) Widening Project proposes to widen Edinger Avenue
between Ritchey Street in the City of Santa Ana and 1400 feet east of Red Hill Avenue.
The street widening will be to six-lane major arterial highway standards with dual left turn
lanes and exclusive right turn lanes as needed to reduce congestion and improve level of
service. The existing roadway will also be resurfaced, drainage improvements will be
constructed and a raised landscaped median will be installed.
In order to construct the improvements, right-of-way is required from twelve (12) properties
in the form of acquisitions. For the subject parcel, APN 430-251-01 & APN 430-251-04,
owned by MutUal Liquid Gas & Equipment Co., Inc., acquisition of a portion of both parcels
is required for construction. The cost of acquisition is $40,600 and includes the cost of land
and reimbursement to the property owners for miscellaneous improvements required to
accommodate the street widening construction.
Mutual Liquid Gas & Equipment Co., Inc., signed the Purchase Agreement for the right-of-
way acquisition required for APN 430-251-01 & APN 430-251-04. The City Attorney has
reviewed the Purchase Agreement and has signed it "Approved as to Form".
Staff will be submitting other Purchase Agreements for approval by City Council when they
are signed by the corresponding property owner.
Tim D. Serlet
Director of Public Works/City Engineer
'Dana R. Kasda~ "--'"
Engineering Services Manager
TDS:ccg:Agmt to real property for Edinger widening & Reso. 02-85.doc.
Attachments: Resolution 02-85
Purchase Agreement
Location Map
I RESOLUTION NO. 02-85
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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. 430-251-01 & 430-251-04 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. 430-251-01
& 430-251-04 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. 430-251-01 & 430-251-04 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. 430-251-01 & 430-251-04
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. 430-251-01 &
430-251-04 is needed for the widening of an existing roadway, to wit,
Edinger Avenue within the City of Tustin.
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Resolution No. 02-85
Page 2
3. 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. 430-251-01 & 430-251-04, its address being 1001 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.
b. 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. AUTHORIZATION
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.
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Resolution No. 02-85
Page 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 16th of September 2002.
Jeffery M. Thomas, Mayor
ATTEST:
City Clerk
AGREEMENT TO PURCHASE REAL PROPERTY
1001 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 Mutual
Liquid Gas & Equipment Co., Inc., a California Corporation (hereinafter "Seller").
RECITALS
1. Seller owns improved real property at 1001 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 Forty Thousand Six Hundred Dollars and
00/100 ($40,600.00). 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: Robert
Benavente ("Escrow Officer"). This Agreement, along with Exhibits "A," "B," and "C"
attached hereto, constitutes the joint 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 judical 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 10ss, 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:
Ao
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(..2 /,/~
City Attorney
MUTUAL LIQUID GAS & EQUIPMENT CO., INC., A CALIFORNIA CORPORATION:
By:
M&lv[n- A. Moore, ~ r e s ± (t e n t
Dated:
EXHIBIT A
Legal Description of Property
PSOI S
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EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL MLG-1
THAT PORTION OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF TUSTIN, COUNTY~OF ORANGE,
'STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF NEWPORT
AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER
AVENUE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28,
PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG
SAID CENTERLINE OF NEWPORT AVENUE NORTH 40°39'02'' EAST
15.213 METERS TO A POINT ON THE NORTHEASTERLY LINE OF SAID
EDINGER AVENU~ PRODUCED AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 40o39'02" EAST 4.621 METERS TO THE
BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 262.744 METERS, A RADIAL LINE TO SAID BEGINNING
OF CURVE BEARS NORTH 40%6'24" EAST; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 o59'40" A DISTANCE
OF 9.146 METERS TO THE NORTHWESTERLY LINE OF SAID NEWPORT
AVENUE; THENCE CONTINUING ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 6°46'04'' A DISTANCE OF 31.036 METERS TO THE
BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 321.402 METERS, A RADIAL LINE TO SAID CURVE
BEARS NORTH 35°37'16" EAST; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 2°14'34'' A DISTANCE OF
12.580 METERS TO THE EASTERLY LIMIT OF THE CALTRANS RIGHT-OF-WAY
AS SHOWN ON CALTRANS RIGHT OF WAY MAP F1618-2 AND F1618-3,
RECORDS OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION;
THENCE NON-TANGENT TO SA/D CURVE SOUTH 20°14'01'' WEST
fSsurveys~2dok0103Xmports~legal~nlg_ 1 .doc
July 22, 2002
IA, IH: Itoh
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PSOllaAS
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4.418 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 320.045 METERS, A RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS NORTH 31°29'00'EAST, SAID CURVE
ALSO BEING THE RIGHT OF WAY LIMIT TO THE STATE OF CALIFORNIA AS
SHOWN ON SAID RIGHT-OF-WAY MAP F-1618-2; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°31'49" A DISTANCE
OF 42.062 METERS; THENCE SOUTH 49o20'30'' EAST 9.144 METERS TO THE
TRUE POINT OF BEGINNING.
CONTA/NING 221.2 SQUARE METERS OR 0.022 HECTARES, MORE OR LESS.
SEE EXIq-IBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF
.THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
PREPARED UNDER THE DIRECTION OF
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 09/30/04
fSsurveysk2dok0103¥eportsXlegalkmlg_ 1 .doe
July 22, 2002
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EXHIBIT
II B II
A, T,
AN EASEMENT FOR ROAD PURPOSES TO
THE COUNTY OF ORANGE PER INST.
RECORDED FEBRUARY 17. 1.914 IN
BOOK 250, P AOE 73. O.R.
(I TEM-4. PTR-93094, 14) '~
MUTUAL L I QUID OAS
~ ~ AND EQUIPMENT C~PANY
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ESTAB. WEST COR. LO7' 64
BLKIO AI. OIVG C/l NEWPORT
,4 T REC DIST. FROM FO MO/V.
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g. 144m
1~'9. 144m'
.,
18.
540'36'24"W RAD
288m
PORTION OF SECTION 20, TOWNSHIP 5 SOUTH. RANGE 9 WEST,
SAN BERNARDINO MERIDIAN, M.U. I/SB
:CLIENT NAME= CITY OF TUSTIN
iADDRESS=
PSOMAS
,Psomos & Associotes-C;os~ro Meso
3lB? Red HlllAvenue, a250
Costo Meso, Collfornlo 92626
7t4/751-7'~73 Engineers
Surveyors
Ptonner's
SHEET I OF I
SCALE NONE'
DRAFTED LCM
CHECKED WAS
DATE 07/22/02
:JOB
NUMBER 2DOKOI03
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.
m
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.
S.
In the event this escrow closes between July 1 and November 1, and the
current tax information is not available from title insurer, Escrow Agent is
instructed to withhold from Seller's proceeds an amount equal to 120% of
the prorated amount due based upon the previous fiscal year's second
half tax bill. At such time that the tax information is available, Escrow
Agent shall make a check payable to the County Tax Collector for Seller's
prorated portion of taxes and forward same to the City and shall refund
any difference to the Seller. In the event the amount withheld is not
sufficient to pay Seller's prorated portion of taxes due, the Seller herein
agrees to immediately pay the difference. In the event said tax information
is available, Seller's taxes shall be prorated in accordance with paragraph
"C" below.
Co
From the date that tax information is available, as per paragraph "B," up to
and including June 30th, Seller's current taxes, if unpaid, shall be prorated
to date of close of escrow on the basis of a 365 day year in accordance
with Tax Collector's proration requirements, together with penalties and
interest, if said current taxes are unpaid after December 10 and/or April
10. At close of escrow, check payable to the County Tax Collector for
Seller's pro-rata portion of taxes shall be forwarded to City with closing
statement.
D,
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.
m
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 damage to the real property or any improvements thereon, by fire or
other casualty, occurring prior to the recordation of the Deed shall be at the risk of
Seller. In the 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 roason 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
12
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
DOCUMENTARY TRANSFER TAX $.
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.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Signature of Declarant or Agent determining tax - Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANT(S) to
the real property in the City of
County of
, State of California, described as
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(les), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
MAIL TAX STATEMENTS TO: (This area for official notarial seal)
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