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HomeMy WebLinkAbout08 TEMPORARY CONSTRUCTION EASEMENT AT 1828 N TUSTIN AVE-WATER WELL REPLACEMENT PROJECT8 AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: SEPTEMBER 4, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: APPROVE AGREEMENT FOR ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AT 1828 N TUSTIN AVE, SANTA ANA (APN 396- 333 -01) FOR THE TUSTIN AVENUE WATER WELL REPLACEMENT PROJECT CIP 60150 SUMMARY The proposed Agreement for the Acquisition of a Temporary Construction Easement (TCE) at 1828 N Tustin Avenue, Santa Ana is one of two easements required by the City for a public project entitled the Tustin Avenue Water Well Replacement Project CIP 60150 ( "Project "), which is a project to construct a replacement water well at 1822 N. Tustin Avenue in the City of Santa Ana. RECOMMENDATION It is recommended that the City Council approve the Agreement for the Acquisition of a Temporary Construction Easement (TCE) with the adjacent property owner, Jonathan Scott Newcom, trustee of the Jonathan Scott Newcom Trust at 1828 N Tustin Avenue, Santa Ana (Assessor Parcel No. 396 - 333 -01); and authorize the Mayor and City Clerk to execute the agreement and associated documents on behalf of the City. FISCAL IMPACT The overall Tustin Avenue Well Replacement Project CIP 60150 is being funded by the 2011 Water Revenue Bonds. The City's Capital Improvement Program (CIP) budget for FY 2012/2013 appropriates sufficient funds for Temporary Construction Easements for this Project. The total purchase price for acquisition of this TCE is $670, which is the amount established by the City Council in November 2011 as just compensation for this property interest. DISCUSSION ANDBACKGROUND The Public Works Department is moving forward with plans to demolish an existing water well facility and construct a replacement water well facility at 1822 N. Tustin Avenue CIP 60150 (AP No. 396 - 333 -02) in the City of Santa Ana, as shown on the attached site plan. The Project site is bounded by one (1) commercial property to the south; one (1) commercial property to the north; Tustin Avenue, vacant land and a commercial property to the east; and Old Tustin Avenue and commercial offices and a healthcare facility to the west. The Project site is 7,200 square feet in area. In order to accomplish the Project as planned, Temporary Construction Easements (TCEs) are required from the adjacent properties to the north (APN 396 - 333 -01) and south (APN 396- 311 -24). Negotiations with the property owner to the south of the City's property are still underway and a separate agreement and /or TCE will be brought to the City Council for approval at a later date. The Temporary Construction Easement for Tustin Avenue Well September 4, 2012 Page 2 Public Works Department retained a Right -of -Way agent in conjunction with the City Attorney's office, and an independent appraiser to provide appraisal services for the City. Scott Newcom, the property owner to the north of the City's property, has agreed on the terms of the TCE, which is now presented to the City Council for approval. The City Attorney has approved the attached agreement as to form. The final Mitigated Negative Declaration for the Tustin Avenue Well Project was approved by the City Council on May 5, 2009 and it includes discussion of the temporary constructions easements required for this project. The Notice of Determination was filed on May 8, 2009 and was recorded with the County Clerk of the County of Orange on May 8, 2009. It is recommended that the City Council approve the attached Agreement for Acquisition of a Temporary Construction Easement (TCE) between the City and Jonathan Scott Newcom, trustee of the Jonathan Scott Newcom Trust, (Owner) and authorize the Mayor and City Clerk to execute the agreement and associated documents on behalf of the City for the property at 1828 N Tustin Ave, (APN 396- 333 -01). Stack, P.E. Public Works /City Engineer Attachment(s): 1. Agreement for Acquisition of a Temporary Construction Easement 2. Vicinity Map S: \City Council Items \2012 Council Items\Approve TCE for the Tustin Avenue Well Replacement Project CIP 60150.docx ATTACHMENT 1 Agreement for Acquisition of a Temporary Construction Easement APN: 396- 333 -01 (Jonathan Scott Newcom) PROJECT: Tustin Water Well Construction Project AGREEMENT FOR ACQUSITION OF A TEMPORARY CONSTRUCTION EASEMENT ThisAGREEMENT FORACQUISITION OFATEMPORARY CONSTRUCTION EASEMENT ( "Agreement ") is entered into this day of 2012 by and between the City of Tustin, a municipal corporation (hereinafter called "Grantee "), and Jonathan Scott Newcom, Trustee of the Jonathan Scott Newcom Trust established August 28, 1990 by Jonathan Scott Newcom, Trustor by Quitclaim Deed to him dated August 28, 1990 from Jonathan S. Newcom, a single man recorded September 17, 1990 as Instrument Number 90- 491648 of Official Records (hereinafter called "Grantor') for acquisition by Grantee of a Temporary Construction Easement ( "TCE ") hereinafter set forth. RECITALS WHEREAS, Grantee desires to acquire a Temporary Construction Easement ( "TCE ") in and to a portion of Grantor's real property located at 1828 N. Tustin Avenue, in the City of Santa Ana, California, bearing Assessor Parcel Number 396 - 333 -01 ( "Property") for the Tustin Water Well Construction Project ( "Project "). The Temporary Construction Easement to be acquired is more particularly described with legal description and plat map attached hereto and incorporated herein as Exhibit 1" and "2 "; and WHEREAS, Grantor desires to sell to Grantee a Temporary Construction Easement on Grantor's Property; and WHEREAS, the Grantee is a municipal corporation formed and existing under the laws of the State of California. The Grantee asserts that it has the power, under various provisions of California law, to acquire properties for public improvement projects, including through the power of eminent domain. The Grantee has planned the Project and has sought to acquire property for the Project including the TCE. The Grantee's acquisition of the TCE as set forth herein is under the threat of condemnation WHEREAS, in compliance with the Eminent Domain Laws of the State of California, Grantee has established an amount believed to be just compensation for such property interests and has advised Grantor of the basis for its determination of just compensation; and WHEREAS, Grantor has accepted Grantee's offer as fair and just compensation for such property interests and acknowledges such compensation is no less than fair market value. NOW, THEREFORE, in view of the above - recitals and mutual promises and in consideration of the payment and other obligations set forth below, it is mutually agreed by and between the parties hereto as follows: 1. AGREEMENT FOR ATEMPORARY CONSTRUCTION EASEMENT. Subject to the terms and conditions of this Agreement and for the consideration set forth herein, Grantee agrees to grant to Grantor, and Grantor agrees to compensate Grantee for a TCE on a portion of Grantor's Property (hereinafter referred to as "Subject Property ") situated in the City of Santa Ana, County of Orange, State of California, and legally described as follows: 927919 1 SEE EXHIBITS "I "AND "2" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF 2. COMPENSATION. The total compensation for a TCE for the Subject Property, payable in cash from Grantee to Grantor, shall be the sum of Six Hundred Seventy Dollars ($670.00), which is specifically agreed by the parties to be the full amount of compensation due and owing to Grantor for for the conveyance of the TCE to the Grantee. 3. CONVEYANCE OF INTEREST. Within ten (10) business days after Grantor executes and delivers a TCE, in the form attached hereto as Exhibit "3" and incorporated herein by this reference, to Grantee granting Grantee a TCE, Grantee shall pay Grantor the Compensation provided in Paragraph 2 herein. Grantor agrees to execute such additional documents as may be reasonably necessary to consummate the transaction contemplated herein. 4. CONSTRUCTION CONTRACTAND CURATIVE WORK AND OTHER CONSIDERATION. a. It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Grantee, its contractors or assigns, shall perform the following construction contract items at the completion of the proposed Project: i. Grantee shall either protect in place or replace in kind improvements located within the TCE, which include asphalt paving. b. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property under the TCE by the Grantee, including the right to remove and dispose of improvements, shall continue in effect for a period of a total of five (5) intermittent months (829 sq. ft. for 1 month and 200 sq. ft. for 4 months). All efforts shall be made to complete the described work within the proscribed period of time; however, extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period delineated above, and the occurrence is verified through the contractor or Grantee Project inspection logs, the Grantee agrees to pay at the rate of $259.00 per month, prorated to the actual date of Grantee's termination of use. c. It is further understood that in no event shall the Grantee's use of the Subject Property exceed the Project completion date. d. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the Grantee, shall be left in as good condition as found. e. Grantee agrees to indemnify and hold harmless Grantorfrom any liability arising out of Grantee's operations under this Agreement. Grantee further agrees to assume responsibility for any damages proximately caused by reason of Grantee's operations under thisAgreement and Grantee will, at is option, either repair or pay for such damage. 827919 1 5. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against Grantee, by reason of or relating to Grantee's acquisition of the TCE forthe Subject Property specifically including, but not limited to, any and all damage to Grantors remainder Property by reason of the acquisition of the Subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill, any claim of Grantorfor relocation benefits or assistance, and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Grantor may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Grantee of the Subject Property. 6. PERMISSION TO ENTER ON PREMISES. It is understood and agreed that for Project planning, the Grantor hereby grants to Grantee and its authorized agents or contractors, the right of possession to the Subject Property described in Exhibit "1" and "2" to perform the necessary work for the Project. However, said right of possession and use shall not be exercised prior to the Grantee, or Grantee's agent, providing Grantor with a 48 -hour prior written notice. RENTALAND LEASEHOLD INTEREST Grantor hereby warrants that Grantor has provided Grantee all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded). 8. WARRANTIES, REPRESENTATIONS AND COVENANTS OF GRANTOR. Grantor hereby warrants, represents, and /or covenants to Grantee that: a. To the best of Grantors knowledge, as of the date of this Agreement, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign, or will be pending against Grantor regarding the use, operation, development, condition or improvement of the Property, or regarding any right title or interest in the Property b. Grantor, at the time of execution of this Agreement, is the owner of the Property in fee simple absolute and has the full right, power, and authority to sell, convey and transferthe TCE to Grantee as provided herein and to carry out Grantors obligations hereunder. c. Neither Grantor nor any related entity is the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Grantor to transfer the Subject Property interest as provided herein. d. To the current, actual knowledge of Grantor, Grantor warrants to Grantee that as of the date of this Agreement, Grantor has not granted any unrecorded easements or licenses on the Property. e. To the current, actual knowledge of Grantor, Grantor warrants that as of the date of this Agreement, Grantor 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 Grantee would become obligated or liable to anyone. 827919.1 9. CONTAMINATION. The acquisition price for the Property reflects the fair - market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste which requiresmitigation under Federal or State law, Grantee may elect to recover its cleanup costs from those who caused or contributed to the contamination. 10. 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. 11. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Orange County 12. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Grantee may freely assign any or all if its interests or rights under this Agreement without the consent of Grantor. 13. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreement;. 14. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. 15. SEVERABILITY. If any provision of thisAgreement or the application of such provision to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, then the remainder of thisAgreement and the application of such remaindershall not be affected and shall be enforceable to the fullest extent permitted by law 16. SECTION HEADINGS. Section headings used in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreementfor any other purpose and will have no force or effect in the construction of thisAgreement. 17. AUTHORITY. Each individual executing this Agreement on behalf of an entity represent; and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of thisAgreement. 827919.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. Mailing address of Grantor 13658 Red Hill Avenue, #A Tustin, CA 92780 Mailing Address of Grantee 300 Centennial Way Tustin, CA 92680 APPROVED AS TO FORM: Office o the CityAtto ey By: 827919.1 GRANTOR: Jonathan Scott Newcom, Trustee of the Jonathan Scott Newcom Trust established August 28, 1990 by Jonathan Scott Newcom, Trustor by Quitclaim Deed to him dated August 28, 1990 from Jonathan S. Newcom, a single man recorded September 17, 1990 as Instrument Number 90- 491648 of Official Records 0 GRANTEE: The City of Tustin, a Municipal Corporation W ATTEST TO: Mayor , City Clerk EXHIBIT 61" EXHIBIT sonar LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS, MAINTENANCE AND REPAIR FOR ROAD, WATER, POWER AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 13, BLOCK 8, OF A.B. CHAPMAN TRACT FILED IN BOOK 102 PAGE 15 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 13 AND THE EAST LINE OF OLD TUSTIN AVENUE (60 FEET WIDE); THENCE ALONG SAID EAST LINE NORTH 00'4'10" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89'34'24" EAST 166.91 FEET, TO THE WEST LINE OF TUSTIN AVENUE (80 FEET WIDE); THENCE ALONG SAID WEST LINE NORTH 23'34'53" WEST 5.47 FEET; THENCE LEAVING SAID WEST LINE, PARALLEL WITH SAID SOUTH LINE, NORTH 89'34'24" WEST 164.71 FEET, TO THE EAST LINE OF OLD TUSTIN AVENUE; THENCE ALONG SAID EAST LINE SOUTH 00'04'10' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID EASEMENT CONTAINING 829 SQ. FT. (0.02 ACRES) OF LAND MORE OR LESS. PREPARED UNDER THE SUPERVISION OF: CHARLES J. Pf6OL0 JR., .C.E. 30790 DATE LICENSE EXPIRES 03/31/2012 SHEET 1 OF 2 EXHIBIT "A" CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 2,zrs T Rom cA r.90 WWWkNogNa= JOBNO. AKMX -012 BY: 17 TUSTIN CALIFORNIA DATE: lazy 2011 SCALE: AS SHOWN u EXHIBIT 9911 SKETCH TO ACCOMPANY LEGAL DESCRIPTION I 30' 30' 4d L2 N89'34_24 "W 164.71' L3 T. 0. - -- - -- \ I S89'34'24 'E 166.91' J C. SOUTH LINE OF THE N. 1/2 OF LOT 13, BLOCK B, A.B. CHAPMAN TRACT \� C ZI AREA OF d � EASEMENT \ M UHZ~] I c`oo EAST LINE OF OLD TUSTIN AVE. \ F 30' A a CI LINE TABLE N0. BEARING DISTANCE L1 N00.04'1 0'E 40.00 L2 S00.04 '30'W 5.00 L3 N23.34'53'W 5.47 w 0 a- 0 I° z z SEVENTEENTH STREET — 789F3 30-W SHEET 2 OF 2 JOB N0. AKMX -012 BY: TT DATE: 10-24 -2011 SCALE: AS SHOWN Y SCALE: I"=60' EXHIBIT B MR" TUSTIN CONSULTING, INC. T G CALIFORNIA CIVIL ENGINEERING F. WYAWS LAND PLANNING & SURVEYING W6WW,DVUgNC= EXHIBIT "2" EXHIBIT 0All LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS, MAINTENANCE AND REPAIR FOR ROAD, WATER, POWER AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 13, BLOCK B, OF A.B. CHAPMAN TRACT FILED IN BOOK 102 PAGE 15 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 13 AND THE EAST LINE OF OLD TUS11N AVENUE (60 FEET WIDE); THENCE ALONG SAID EAST LINE NORTH 00'04'10" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89'34'24" EAST 40.00 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00'04'10" EAST 5.00 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF LOT 13 NORTH 89'34'24" WEST 40.00 FEET, TO THE EAST LINE OF OLD TUSTIN AVENUE; THENCE ALONG SAID EAST LINE SOUTH 00'04'10' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID EASEMENT CONTAINING 200 SQ. FT. (0.005 ACRES) OF LAND MORE OR LESS. PREPARED UNDER THE SUPERVISION OF: CHARLES J. A'RIC LICENSE EXPIRES SHEET 1 OF 2 JOB NO. AKMX -012 BY: TT DATE: 10-24 -2011 SCALE: AS SHOWN 30790 DATE 2 EXHIBIT "A" TUSTIN CALIFORNIA I 7m wimmm CONSULTING, INC. TEL CIVIL ENGINEERING n anMMLmm LAND PLANNING & SURVEYING WWW.(1 P 30' I30' L2 � EXHIBIT °'B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION q0 \ L3 4 L5 \ POC � SOUTH LINE OF THE N. 1/2 OF Y� LOT 13, BLOCK B, q0 tie) A.B. CHAPMAN TRACT \✓` Zl W AREA OF !4 EASEMENT EM \ lm EAST LINE OF co OLD TUSTIN AVE. Ey 30' N89'34'24 "W A P4 �l W e LINE TABLE NO. BEARING DISTANCE L1 N00.04'10'E 40,00 L2 S00.04'10'W 5.00 L3 N89.34'24'V 40.00 L4 N00.04'10'W 5.00 L5 S89.34'24'E 40,00 O_ O lO O Z SEVENTEENTH STREET —— — N89'34'30 "W SHEET 2 OF 2 JOB NO. AKMX -012 BY: TT DATE: 10- 242011 SCALE: AS SHOWN EXHIBIT B SCALE: 1 " =60' 27255 zwseaM TUSTIN CONSULTING, INC. T c` Wmm CALIFORNIA CIVIL ENGINEERING F s4MAW LAND PLANNING & SURVEYING WWW.CVC- R4CNErr RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Tustin 300 Centennial Way Tustin, CA 92680 Attention: City Clerk Exempt from Recording Fee Pursuant to Government Code Section 6103 Orange County Assessor's Parcel Number: 396 - 333 -01 FULL[ ] PORTION [X] Exempt from Documentary Transfer Tax Pursuant to R&T Code § 11922 (Space above this line for Recorder's use) TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jonathan Scott Newcom, Trustee of the Jonathan Scott Newcom Trust established August 28, 1990 by Jonathan Scott Newcom, Trustor by Quitclaim Deed to him dated August 28, 1990 from Jonathan S. Newcom, a single man recorded September 17, 1990 as Instrument Number 90- 491648 of Official Records ( "Grantor ") HEREBY GRANTS 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 ( "Grantee ") an easement for construction purposes in, on, over, under, and through the real property in the City of Santa Ana, County of Orange, State of California described on Exhibit "A" and shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part hereof. This easement shall terminate upon the filing of a Notice of Completion for the Tustin Water Well Construction Project or within three years of the date of this document shown below. IN WITNESS WHEREOF, the Grantor heeto has caused this Temporary Construction Easement Deed to be executed as of this ;o'day of Aea &. -Joerc , 2011. Jonathan Scott Newcom, Trustee of the Jonathan Scott Newcom Trust established August 28, 1990 By: v 12 -10 -1/ / onathan Scott Ne com, Trustee 'Signature must be acknowledged by a notary public it CALIFORNIA ALL - PURPOSE it CERTIFICATE OF ACKNOWLEDGMENT State of California County of I l)i( .l L( On personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iss /are- subscribed to the within instrument and acknowledged to me that(te /sheithc-)- executed the same in(If /her/theiF authorized capacity(ies), and that byLis/her/their signature(4on the instrument the person(4, 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. DANIELA B)RBE WITNESS my hand and official seal. N COMMIN 1878676 NOTARY PU&IC•CALIFORNIA N m Mr Comm. EA COR U NJtt 1 01/i �[. Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document, The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is dlega[ for a notary to California (i e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ke /shc/Htey- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal Impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity Is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS, MAINTENANCE AND REPAIR FOR ROAD, WATER, POWER AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 13, BLOCK 8, OF A.B. CHAPMAN TRACT FILED IN BOOK 102 PAGE 15 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 13 AND THE EAST LINE OF OLD TUSTIN AVENUE (60 FEET WIDE); THENCE ALONG SAID EAST LINE NORTH 00'4'10" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89'34'24" EAST 166.91 FEET, TO THE WEST LINE OF TUSTIN AVENUE (80 FEET WIDE); THENCE ALONG SAID WEST LINE NORTH 23'34'53" WEST 5.47 FEET; THENCE LEAVING SAID WEST LINE, PARALLEL WITH SAID SOUTH LINE, NORTH 89'34'24" WEST 164.71 FEET, TO THE EAST LINE OF OLD TUSTIN AVENUE; THENCE ALONG SAID EAST LINE SOUTH 00'04'10' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID EASEMENT CONTAINING 829 SQ. FT. (0.02 ACRES) OF LAND MORE OR LESS. PREPARED UNDER THE SUPERVISION OF: If CHARLES J. 4101-0 JR., RtC.E. 30790 DATE LICENSE EXPIRES 03/31/2012 SHEET 1 OF 2 EXHIBIT "A" ZM BUxaRM CONSULTING, INC. T. `'' CIVIL ENGINEERING r. wyA- a LANG PLANNING & SuRVEVnnG wwwoic -m-Na JOB NO. AKMX -012 BY: IT TUSTIN CALIFORNIA DATE: 10- 242011 SCALE: AS SHOWN EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION I 30' 30' q0 L2 N89'34'24 "W 164.71' L3 \ T. - - - - - - - - - - - - - \ S89'34'24 "E 166.91' J 4 °c a \ d N� I \ SOUTH LINE OF THE N. 1/2 OF �G LOT 13, BLOCK B, q0 \ Ctj A.B. CHAPMAN TRACT \rt ZI W AREA OF \ EASEMENT EM \ lc�o EAST LINE OF cn OLD TUSTIN AVE. E� 30' A a 01 LINE TABLE NO. HEARING DISTANCE L1 N00.04'10'E 40.00 L2 S00'04'10'W 5,00 L3 N23.34'53'W 1 5.47 W 4 d' 0 10 O Z SEVENTEENTH STREET — N89'34'30 "W SHEET 2 OF 2 JOB N0. AKMX -012 BY: TT DATE: 10- 242011 SCALE: AS SHOWN SCALE: 1 " =60' EXHIBIT B • T anss WIRBUM TUSTIN CONSULTING, INC. "m r" Too CALIFORNIA CIVIL ENGINEERING F 90AL ns LAND PLANNING & SURVEYING WWWL'&uW —NW EXHIBIT "All LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS, MAINTENANCE AND REPAIR FOR ROAD, WATER, POWER AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 13, BLOCK B, OF A.B. CHAPMAN TRACT FILED IN BOOK 102 PAGE 15 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 13 AND THE EAST LINE OF OLD TUSTIN AVENUE (60 FEET WIDE); THENCE ALONG SAID EAST LINE NORTH 00'04'10" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89'34'24" EAST 40.00 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00'04'10" EAST 5.00 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF LOT 13 NORTH 89'34'24" WEST 40.00 FEET, TO THE EAST LINE OF OLD TUSTIN AVENUE; THENCE ALONG SAID EAST LINE SOUTH 00'04'10' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID EASEMENT CONTAINING 200 SQ. FT. (0.005 ACRES) OF LAND MORE OR LESS. PREPARED UNDER THE SUPERVISION OF: CHARLES J. /PRIOLO JR-, LICENSE EXPIRES 03/ /2012 /d- ZY' /i 30790 DATE SHEET 1 OF 2 EXHIBIT "Afl CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SUNVEYING = Burdmw r o �' P.s®srem WWWkvc -njmw JOBNO. AKMX -012 BY: TT TUSTIN CALIFORNIA DATE: 10- 242011 SCALE: AS SHOWN EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION I 30' 30' q0 \ L2 L3 4 T. LS \ l J Q0G SOUTH LINE OF THE N. 1/2 OF Y� LOT 13, BLOCK B, q0 A.B. CHAPMAN TRACT \✓l C� zl W AREA OF EASEMENT M \ Elm EAST LINE OF OLD TUSTIN AVE. E-4 30' N89'34'24 "W 1 0I W e LINE TABLE NO, BEARING I DISTANCE Ll N00.04'10'E 40.00 L2 S00.04'10'W 5.00 L3 N89.34'24'W 40.00 L4 N00.04'10'W 5.00 L5 S89.34'24'E 40.00 O_ d• O IO O Z SEVENTEENTH STREET — — N89"3 4'30 "W — — SHEET 2 OF 2 JOB NO. AKMX -012 BY: TT DATE: 10- 24-2011 SCALE: AS SHOWN SCALE: 1 " =60' EXHIBIT B • 7W EUEEANK TUSTIN CONSULTING, INC. r G CALIFORNIA CIVIL ENGINEERING F. gem m LAND PLANNING & SURVEYING WWWkNC- RACNEr CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the City of Tustin by the foregoing Temporary Construction Easement, which is dated , 2012, and executed by Jonathan Scott Newcom, Trustee of the Jonathan Scott Newcom Trust established August 28, 1990 by Jonathan Scott Newcom, Trustor by Quitclaim Deed to him dated August 28, 1990 from Jonathan S. Newcom, a single man recorded September 17, 1990 as Instrument Number 90- 491648 of Official Records, is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. 95 -39, dated April 3, 1995. The City of Tustin consents to recordation of said Quitclaim Deed. Dated: 2012 Name: Title: �. .i�. . • . " RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Tustin 300 Centennial Way Tustin, CA 92680 Attention: City Clerk Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to Rev. &Tax. Code § 11922 (Space above this line for Recorder's use) Orange County Assessor's Parcel Number 396- 333 -01 FULL [ ] PORTION [ X ] QUITCLAIM DEED This QUITCLAIM DEED is made by: Kawege, Inc. ( "Grantor ") In favor of: 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 ( "Grantee ") FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Grantee all real or personal property rights, if any, for a Temporary Construction Easement over Grantor's leasehold interest in and to that real property located in the City of Santa Ana, County of Orange, State of California described in Exhibit "A" and shown on Exhibit "B" ( "Property "), which exhibits are attached hereto and by reference made a part hereof. To the fullest extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor from any liability, including attorneys fees and costs of defense, arising out of Grantee's use or possession of the Property. Grantee further agrees to assume responsibility for any damages proximately caused by reason of Grantee's operations on, over or under the Property, and Grantee will, at is option, either repair or pay for such damage. IN WITAESS WHEREOF, the Parties hereto have caused this Quitclaim as of this 1.2 day of iieute [A 2012. Grantor: Grantee: By: /i./ �, ,7 By: Its: Iy <,�/% ✓ Its: Its: Deed to be executed Approved as to Form: Office of-the Cityq.Attoryrey _ / By: Y1� avid ff Kendig Attest To: By: Pamela Stoker, City Clerk !II CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of r�i,4 (A tt Hi? On ancti� �,1.�— before me, . ;�.t()e �i (here insert ritinne and title `of the personally appeared L Yn .1ii 1 -'N ,u A e a.0 S k l U rl -t_0 C_ who proved to me on the basis of satisfactory evidence to be the person(o whose names) is/ rd'subscribed to the within instrument and acknowledged to me that he /she /.tom executed the same in his/hen(tl e authorized capacity s), and that by his/heck 'ei . signature(); on the instrument the persontssl; or the entity upon behalf of which the person 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. ANIEU BORBE WITNESS my hand and official seal. N COMM.# 1818676 S1, NOTARY PUBUC-CALIPORIM N, ORANGE EXF COUNTY 31 r A1r COW. En. JAM. �1, 2011 Signature of Notary Public (Seal) \ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached'document) (Title or description of attached document continued)\ Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document if to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i a certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which \must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print these ame(s) of document signer(s) who personally appear at the time of notarization. \ • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. he/she/Bhep,, is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejeciinu of document recording. • The notary seal impression must`be clear and photographically reproducible Impression must not cover text or lineslf seal impression smudges, re -seal if a sufficient area permits, otherwise complete adifferent acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required bu\ help to ensure this acknowledgment is not misused or attached to a differe ocument. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS, MAINTENANCE AND REPAIR FOR ROAD, WATER, POWER AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 13, BLOCK B, OF A.B. CHAPMAN TRACT FILED IN BOOK 102 PAGE 15 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 13 AND THE EAST LINE OF OLD TUSTIN AVENUE (60 FEET WIDE); THENCE ALONG SAID EAST LINE NORTH 00'4'10" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89'34'24" EAST 166.91 FEET, TO THE WEST LINE OF TUSTIN AVENUE (80 FEET WIDE); THENCE ALONG SAID WEST LINE NORTH 23'34'53" WEST 5.47 FEET; THENCE LEAVING SAID WEST LINE, PARALLEL WITH SAID SOUTH LINE, NORTH 89. 34'24" WEST 164.71 FEET, TO THE EAST LINE OF OLD TUSTIN AVENUE; THENCE ALONG SAID EAST LINE SOUTH 00. 04'10' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID EASEMENT CONTAINING 829 SQ. FT. (0.02 ACRES) OF LAND MORE OR LESS. PREPARED UNDER THE SUPERVISION OF: CHARLES J. POIOLO JR., f &l. 30790 DATE LICENSE EXPIRES 03/31/2012 SHEET 1 OF 2 JOBNO, AKMX -012 EXHIBIT "A" BY: TT z= iRURWIM TUSTIN CONSULTING, INC. `'' DATE: 10- 242011 CALIFORNIA T CIVIL ENGINEERING 1Zs>sm SCALE: AS SHOWN LAND PLANNING & SURVEYING W71W NC -DICMr 30' I30' L2 -N zl W M �I F I 30' 91 oI EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION SOUTH LINE OF-` THE N. 1/2 OF LOT 13, BLOCK B, A.B. CHAPMAN TRACT AREA OF EASEMENT EAST LINE OF OLD TUSTIN AVE. Ad LINE TABLE N0. BEARING DISTANCE Ll N00.04'10•E 40.00 L2 S00.0410•W 5.00 L3 N23.34'53 -W 5.47 w 0 0 to z _ SEVENTEENTH STREET - N89'3 30 "W SHEET 2 OF 2 JOB N0. AKMX -012 BY: TT DATE: 10 -24 -2011 SCALE: AS SHOWN .3 \ \ate SCALE: 1"=60' EXHIBIT B • 211% BURROUL TUSTIN CONSULTING, INC. mmmR °` CALIFORNIA CIVIL ENGINEERING FT.' 9602210i LAND PLANNING 6 SURVEYING WWWLVO41MM EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TEMPORARY. CONSTRUCTION EASEMENT FOR INGRESS AND EGRESS, MAINTENANCE AND REPAIR FOR ROAD, WATER, POWER AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 13, BLOCK B, OF A.B. CHAPMAN TRACT FILED IN BOOK 102 PAGE 15 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 13 AND THE EAST LINE OF OLD TUSTIN AVENUE (60 FEET WIDE); THENCE ALONG SAID EAST LINE NORTH 00'04'10" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89'34'24" EAST 40.00 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00'04'10" EAST 5.00 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF LOT 13 NORTH 89'34'24" WEST 40.00 FEET, TO THE EAST LINE OF OLD TUSTIN AVENUE; THENCE ALONG SAID EAST LINE SOUTH 00'04'10' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID EASEMENT CONTAINING 200 SQ. FT. (0.005 ACRES) OF LAND MORE OR LESS. PREPARED UNDER THE SUPERVISION OF: Z Y— CHARLES J. XRAo .l♦ .,. .30790 DATE LICENSE EXPIRES 03/ /2012 SHEET 1 OF 2 EXHIBIT "A° CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & BUNVEYING = BURROM r."m " `& 99ftA s WWW NB[ JOB NO. AKMX -012 BY: TT TUSTIN CALIFORNIA DATE: 10- 242011 SCALE: AS SHOWN 30' I 30' EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION SOUTH LINE OF—` THE N. 1/2 OF LOT 13, BLOCK B, A.B. CHAPMAN TRACT zI �W AREA OF ® EASEMENT M E" EAST LINE OF w OLD TUSTIN AVE. F I 30' N89'34'24 "W A ()I �w a AO LINE TABLE N0, DEARING DISTANCE L1 N00.04'101 40.00 L2 S00.04'IO'V 5.00 L3 1489.34'240V 4(100 L4 N00.04'10'H 5.00 L5 S89'34'24.1 g0A0 O O IO Z SEVENTEENTH STREET N89'34'30 "W SHEET 2 OF 2 JOB NO. AKMX -612 BY: TT DATE: 10- 24-2011 SCALE: AS SHOWN EXHIBIT B \ \ aA \`a A0 SCALE: 1 " =60' 2w BUIUMM TUSTIN CONSULTING, INC. r o `'` CALIFORNIA CIVIL ENGINEERING P.9tl91m LAND PLANNING 8 SURVEYING WWW.CY(YII4cbW CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the City of Tustin by the foregoing Quitclaim Deed, which is dated , 2012, and executed by Kawege, Inc., is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. 95 -39, dated April 3, 1995. The City of Tustin consents to recordation of said Quitclaim Deed. Dated: , 2012 Name: Title: AO'roved es V�ViL' a(Y—_ David E. Kendig, City Attorney ATTACHMENT 2 VICINITY MAP VICINITY MAP Tustin Avenue Water Well d l° o I r r tl w r TUSTIN RANG a p a ` I 4 a s TUSTIN LEGACY A NO SCALE i �I I i� I r I I PROPOSED TCE 1828 N. Tustin Avenue I. PROJECT LOCATION ,b2. i Drill and Install Water Well " LL and Wellhead at Tustin Avenue z' Water Well (CIP No. 60150) > a6 " 1822 N. Tustin Avenue F I N J Q SEVENTEENTH STREET FILE: CIP -60150 TM.Ewg