HomeMy WebLinkAbout01 TPFA AMEND TO JPA 09-23-02AGENDA REPORT
NO. 1
09-23-02
400- ~
490-70
MEETING DATE: SEPTEMBER 23, 2002 150 50 ~
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL, BOARD
OF DIRECTORS OF TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, BOARD OF DIRECTORS OF TUSTIN PUBLIC FINANCING
AUTHORITY ~
WILLIAM A. HUSTON, CITY MANAGER
SPECIAL MEETINGS OF THE TUSTIN CITY COUNCIL, TUSTIN
COMMUNITY REDEVELOPMENT AGENCY, AND TUSTIN PUBLIC
FINANCING AUTHORITY
RECOMMENDATION: Acting as the Tustin City Council, Tustin Community
Redevelopment Agency, and Tustin Public Financing Authority, approve the following:
City Council
,
Resolution No. 02-90 of the City Council of the City of Tustin authorizing the
Execution of an Amendment to the Joint Exercise of Powers Agreement Creating
the Tustin Public Financing Authority.
,
Resolution No. 02-91 of the City Council of the City of Tustin Approving a
Quitclaim Deed from the City to the Tustin Public Financing Authority and
authorizing the City Manager to execute such Quitclaim Deed and to take all
necessary implementing actions.
Community RedeveloD_ment A.ae_ncv
I .
Resolution No. RDA 02-3 of the Board of Directors of the Tustin Community
Redevelopment Agency Authorizing the Execution of an Amendment to the Joint
Exercise of Powers Agreement Creating the Tustin Public Financing Authority.
Tustin Public Financi.n_g Aut_horitv_.
I o
Resolution No. TPFA 02-01 of the Board of Directors of the Tustin Public
Financing Authority Authorizing Acceptance of a Quitclaim Deed, Execution of a
Promissory Note and Deed of Trust, Recordation of the Quitclaim Deed and
Deed of Trust, Delivery of the Promissory Note and copy of the Recorded Deed
of Trust, and authorizing the Executive Director to accept both the Quitclaim
Deed, execute the Promissory Note and Deed of Trust, and to take all necessary
implementing actions.
FISCAL IMPACT: None.
DISCUSSION:
In May of 2002, the City of Tustin ("City") and the Tustin Public Financing Authority
("Authority") entered into the Settlement and Release Agreement with the Santa Ana
Unified School District ("SAUSD") (the "Settlement Agreement"). To secure the City's
obligations under the Settlement Agreement, the Authority (which is a joint powers
authority composed of the City and the Tustin Community Redevelopment Agency)
agreed to secure an irrevocable Standby Letter of Credit in the amount of Sixty Million
Dollars ($60,000,000.00) to be' issued to SAUSD. However, if that could not be
accomplished, the Authority agreed in the Settlement Agreement to deliver to SAUSD a
Promissory Note in the amount of Sixty Million Dollars ($60,000,000.00) and a Deed of
Trust for designated properties at MCAS, TuStin. The Authority has not been able to
reach agreement with a bank to secure the Letter of Credit and therefore desires to
provide SAUSD with the Note and Deed of Trust. In order for the Authority to fulfill its
obligation to execute and deliver the Note and Deed of Trust, the property to be secured
by the Deed of Trust must be transferred .by the City to the Authority. The City desires
to cooperate with the Authority by providi'ng a Quitclaim Deed for the property to the
Authority (Resolution No. 02-91).
To clarify the powers of the Authority to accomplish its tasks under the Settlement
Agreement, it is proposed that the Joint Powers Agreement that established the
Authority be amended (Resolution No. 02-90). This Amendment will also need to be
approved by the Tustin Community Redevelopment Agency (Resolution No. RDA 02-3).
To comply with the Settlement Agreement, the Authority must accept the Quitclaim
Deed, authorize execution of the Note and Deed of Trust, authorize recordation of the
Quitclaim Deed and Deed of Trust, and authorize delivery of the Note and copy of the
recorded Deed of Trust to SAUSD (Resolution No. TPFA 02-01).
The proposed Deed of Trust is secured by approximately ninety-seven (97) acres
("Secured Property") identified in Section 4.3 and Exhibit F to the Settlement
Agreement. Based upon recent evidence of the sales of comparable property and 2001
land value projections by the City's consultants, the current fair market value of the
Secured Property exceeds Sixty-Seven Million Dollars ($67,000,000.00).
CEQA
The actions are solely to secure financial obligations. None of the actions proposed will
have or could have an effect on the environment. Accordingly, the actions do not
constitute a "project" under CEQA.
RESOLUTION NO. 02-90
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO THE JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE
TUSTIN PUBLIC FINANCING AUTHORITY
RESOLVED, by the City Council (the "Council") of the City of Tustin (the "City"), as
follows:
WHEREAS, the City and the Tustin Community Redevelopment Agency (the "Agency"
and, with the City, the "Members"), have heretofore approved the Joint Exercise Powers
Agreement, dated as of May 1, 1995 (the "Agreement") under Articles 1 through 4
(commencing with section 6500) of Chapter 5, Division 7, Title 1 of the California
Government Code, for the purpose of establishing a vehicle which may reduce local
borrowing costs and promote the greater use of existing and new financial instruments
and mechanisms, and have established the Tustin Public Financing Authority (the
"Authority");
WHEREAS, the Members have determined to amend the Agreement to provide
additional powers to the Authority;
NOW, THEREFORE, BE It RESOLVED, DETERMINED AND ORDERED by the City
Council of the City of Tustin as follows:
Section 1. Amendment of Agreement. The Council hereby authorizes the City Manager,
or the City Manager's designee, to execute, and the City Clerk to attest, an amendment
to the Agreement, in substantially the form on file with the City Clerk, together with any
changes therein deemed advisable by the City Attorney.
Section 2. Official Actions. The City Manager, the Assistant City Manager, the Finance
Director, and all other proper officers of the City are hereby authorized and directed to
take all actions and do all things necessary or desirable hereunder, including but not
limited to the execution and delivery of any and all agreements, certificates, instruments
and other documents, which they, or any of them, may deem necessary or desirable and
not inconsistent with the purposes of this resolution.
Section 3. This Resolution shall take effect upon its adoption by the Council.
APPROVED and ADOPTED by the City Council of the City of Tustin on September 23,
2002.
ATTEST:
Mayor/Mayor Pro Tem
Pamela Stoker, City Clerk
FIRST AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
Dated September 23, 2002
by and between the
CITY OF TUSTIN
and the
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
Amending that Certain
Joint Exercise of Powers Agreement
Dated May 1, 1995
by and between the
City of Tustin
and the
Tustin Community Redevelopment Agency
(TUSTIN PUBLIC FINANCING AUTHORITY)
FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
TUSTIN PUBLIC FINANCING AuTHORITY
THIS FIRST AMENDMENT TO JOINT POWERS AGREEMENT (the "Amendment"),
dated September 23, 2002, is by and between the CITY OF TUSTIN (the "City") and the
TUSTIN COMMUNITY REDEVELOPMENT AGENCY (the "Agency" and, with the City, the
"Members"), each duly organized and existing under the laws of the State of California,
Amending that Certain Joint Exercise of Powers Agreement, dated May 1, 2995, by and
between the City and the Agency (the "Agreement");
WITNESSETH:
WHEREAS, the Members have heretofore approved the Agreement under Articles 1
through 4 (commencing with section 6500) of Chapter 5, Division 7, Title I of the California
Government Code, for the purpose of establishing a vehicle which may reduce local borrowing
costs and promote the greater use of existing and new financial instruments and mechanisms,
and have established the Tustin Public Financing Authority (the "Authority");
WHEREAS, the Members have determined to amend the Agreement to provide
additional powers to the Authority;
NOW, THEREFORE, in consideration of the above Premises and of the mutual promises
herein contained, the Members do hereby agree as follows:
Section 1. Amendment. Section 5.03 of the Agreement is hereby amended in full as
follows:
Section 5.03...Specific Powers. The Authority is hereby authorized, in its own
name, to do all acts necessary for the exercise of the foregoing powers, including but not
limited to, any or all of the following:
(a) to make and enter into contracts;
(b) to employ agents or employees;
(c) to acquire, construct, manage, maintain or operate any Public Improvement,
including the common power of the City, the Agency and any Associate Member to
acquire any Public Improvement by the power of eminent domain or any other lawful
means;
(d) to sue and be sued in its own name;
(e) to issue Revenue Bonds and otherwise to incur debts, liabilities or
obligations, provided that no such Bond, debt, liability or obligation shall constitute a
debt, liability or obligation of the City or the Agency;
(f) to apply for, accept, receive and disburse grants, loans and other aids from
any agency of the United States of America or of the State;
(g) to invest any money in the treasury pursuant to section 6505.5 of the
California Government Code which is not required for the immediate necessities of the
Authority, as the Authority determines is advisable, in the same manner and upon the
same conditions as local agencies, pursuant to section 53601 of the California
Government Code;
(h) to apply for letters of credit or other form of financial guarantees in order to
secure the repayment of Bonds and enter into agreements in connection therewith;
(i) to carry out and enforce ail the provisions of this Agreement;
(j) to make and enter into Bond Purchase Agreements and any other agreements,
assignments and documents of any nature whatsoever as may be necessary or
convenient in the exercise of its powers hereunder or under the Act;
(k) to purchase Obligations of or to make loans to the City, the Agency or any
other Local Agency for the purposes hereof, or to refinance indebtedness incurred by
the City, the Agency or any other Local Agency in connection with any of the purposes
hereof;
(1) to establish community facilities districts under the Mello-Roos Community
Facilities Act of 1982, as amended; and
(m) to make loans to the City, the Agency or any other Local Agency, to the
extent the City, the Agency or any other Local Agency is authorized by law to borrow
moneys;
(n) to secure its .obligations with deeds of trust on its Property; and
(o) to exercise any and all other powers as may be provided in the Act or in the
Bond Law.
Section 2. All Other Provisions of Agreement. All other provisions of the Agreement,
unless affected by this Amendment shall remain in full force and effect.
Section 3. Execution in Counterparts. This Amendment may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed and attested by their proper officers thereunto duly authorized and their official seals
to be hereto affixed, on the day and year set opposite the name of each of the parties.
CITY OF TUSTIN
ATTEST:
By
City Manager
City Clerk
TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
ATTEST:
By
Executive Director
Secretary
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RESOLUTION NO. 02-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING A QUITCLAIM DEED
FROM THE CITY TO THE TUSTIN PUBLIC FINANCING
AUTHORITY AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE QUITCLAIM DEED AND TO TAKE ALL
NECESSARY IMPLEMENTING ACTIONS.
The City Council of the City of Tustin finds as follows:
A. On or about May 8, 2002, the City of Tustin ("City") contracted to acquire
certain property located at the former Marine Corps Air Station ("MCAS") from the United
States of America, which property has since been conveyed to the City.
B. On or about May 10, 2002, the City entered into a Settlement and
Release Agreement among the Santa Ana Unified School District ("District"), the.City, the
Tustin Local Redevelopment Authority for the U.S. Marine Corps Air Station, Tustin, and the
Tustin Public Financing Authority ("Authority") (hereinafter referred to as the Settlement
Agreement).
C. Pursuant to the Settlement Agreement, the City desires to cooperate
with the Authority by quitclaiming property so that the Authority may furnish the District with a
Promissory Note in the amount of Sixty Million Dollars ($60,000,000.00) and a Deed of Trust
to secure the Note.
D. The
obligations and is not a
Act ("CEQA").
City's Quitclaim Deed is proposed solely to secure financial
"project" within the meaning of the California Environmental Quality
II. The City Council of the City of Tustin resolves as follows:
A. That the approval of the Quitclaim Deed is not a "project" within the
meaning of CEQA.
B. That the City Manager is authorized: to sign the Quitclaim Deed to the
Authority, attached hereto as Exhibit "A"; to deliver the Quitclaim to the Authority; and to take
all necessary implementing actions.
Tustin Resolution re: Execution of Quitclaim
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 23rd day of September, 2002.
JEFFERY THOMAS, MAYOR OR
TRACY WILLS WORLEY, MAYOR PRO TEM
ATTEST:
PAMELA STOKER
CITY CLERK
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EXHIBIT "A"
(Quitclaim Deed)
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CITY OF TUSTIN OFFICIAL BUSINESS
REQUEST DOCUMENT TO BE RECORDED
AND TO BE EXEMPT FROM RECORDING
FEES PER GOVERNMENT CODE 6103
Recording reqUested by and
when recorded mail to:
City Manager
The City of Tustin
300 Centennial Way
Tustin, CA 92780
EXECUTION
VERSION
9/11/02
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Space Above This Line Reserved for Recorder's Use
CITY QUITCLAIM DEED D AND ENVIRONMENTAL
RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471
This Quitclaim Deed ("Deed") is made this day of 2002, by the
CITY OF TUSTIN, CALIFORNIA, a municipal corporation duly organized and existing under
and by virtue of the laws of the State of California (the "GRANTOR"), in favor of the TUSTIN
PUBLIC FINANCING AUTHORITY, a joint powers authority, organized and existing under
the laws of the State of California (the "GRANTEE").
RECITALS:
WHEREAS
A. The United States of America ("Government") and the GRANTOR entered into
the Agreement between the United States of America and the City of Tustin, California, for the
Conveyance o f a Portion oft he Former Marine Corps A ir Station Tustin (the "Agreement"),
dated May 13, 2002; and
B. Pursuant to the Agreement, the Government conveyed property at the Marine
Corps Air Station, Tustin ("City Property") to the GRANTOR onMay 13, 2002; and
C. Pursuant to California Civil Code § 1471, the Government determined thatit is
reasonably necessary t o impose certain restrictions o n t he u se o f t he City Property t o protect
present and future human health or safety or the environment as a result of the presence of
hazardous materials on portions of the City Property described hereinafter with particularity.
03-76189.06
MCAS TUSTIN CITY QUITCLAIM DEED D
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D. GRANTOR desires to convey and GRANTEE desires to acquire a portion of the
City Property to facilitate economic redevelopment in accordance with the Reuse Plan for
MCAS Tustin.
NOW THEREFORE, the GRANTOR, fOr good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, does hereby remise, release and forever
quitclaim to the GRANTEE, all of GRANTOR's right, title and interest in and to that certain real
property, comprising approximately 97.7 acres, more or less ("Authority Property"), as more
particularly described as Parcels 1 and 2 in Exhibit "A."
1. TOGETHER WITH:
1.1. All improvements on the Authority Property excluding the following:
1.1.1 Electrical, gas, telephone and cable television systems, including
distribution lines, pad mounted and overhead distribution poles and/or transformers, and all
conduits and duct banks from outlet or master meters or connection points to end usage points;
all GRANTOR owned water, sewer, and storm drain systems ( does not include culvert ditches);
including distribution lines and pipelines from outlet or master meters or connection points
currently owned by GRANTOR to end usage points ("Systems").
1.2 All hereditaments and tenements therein and reversions, remainders,
issues, profits, privileges and other rights belonging or related thereto.
2. EXCEPTING THEREOUT AND THEREFROM, however, a nd reserving t o
GRANTOR its successors and assigns, together with the right to grant and transfer all or a
portion of the same, the following:
2.1 Any and all oil, oil fights, minerals, mineral rights, natural gas fights and
other hydrocarbons by whatsoever name known, geothermal steam and all products derived from
any of the foregoing, that may be within or under the Authority Property together with the perpetual
right of drilling, mining, explOring for and storing in and removing the same from the Authority
Property or any other land, including the right to whipstock or directionally drill and mine from
lands other than the Authority Property, oil or gas wells, tunnels and shafts into, through or across
the subsurface of the Authority Property and to bottom such whipstocked or directionally drilled
wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill,
retunnel, equip, maintain, repair, deepen and operate any such well or mines; but without, however,
the fight to drill, mine, store, explore or operate through the surface of the Authority Property.
2.2 Any and all water, water rights or interests therein appurtenant or relating to
the Authority Property or owned or used by the GRANTOR in connection with or with respect to
the Authority Property ( no matter how acquired by the GRANTOR), whether such water rights
03-76189.06
MCAS TUSTIN CITY QUITCLAIM DEED D
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shall be riparian, overlying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or
contractual, together with the perpetual right and power to explore, drill, redrill and remove the
same from o r in t he Authority Property, t o s tore the same beneath t he surface o f t he Authority
Property and to divert or otherwise utilize such water, fights or interests on any other property
owned or leased by GRANTOR; but without, however, any fight to enter upon or use the surface of
the Authority Property in the exercise of such rights.
2.3 A permanent easement to access, use, install, maintain, operate, construct,
replace, and repair the Systems owned by the GRANTOR on, in, over and under the Authority
Property. GRANTOR and GRANTEE have not been able to prepare maps or drawings
describing the location and extent of the Systems prior to the execution of this Deed, therefore,
the exact location of this easement right is unknown, but shall be coterminous with the actual
location of the Systems as determined in the future and shall extend to the minimum amount of
space actually required to access, use, install, maintain, operate, replace, upgrade and repair
existing Systems within the Authority Property.
2.4 A permanent n on-exclusive easement i n g ross o n, over, under o r a cross
the Authority Property within 10 feet from all property lines bordering on and parallel to any
public street or future public street as identified on the MCAS Tustin Reuse Plan for the
construction, installation, emplacement, operation and maintenance of electric and water
facilities, without unreasonably interfering with GRANTOR's reasonable use and enjoyment
thereof..
3. SUBJECT TO THE FOLLOWING NOTICES, COVENANTS,
RESTRICTIONS, AND CONDITIONS, which shall be binding upon and enforceable against
the GRANTEE, its successors and assigns, in perpetuity:
3.1 The GRANTEE agrees to accept conveyance of the Authority Property
subject to all covenants, conditions, restrictions, easements, rights-of-way, reservations, rights,
agreements and encumbrances of record.
3.2 The quitclaim deed from the Government conveying the City Property to
the GRANTOR was recorded prior to the recordation of this Deed. In its transfer of the City
Property to the GRANTOR, the Government identified certain building(s) or pOrtions of
building(s) as being located on the Authority Property. The GRANTOR has no knowledge
regarding the accuracy of such information. Additionally, in its transfer of the City Property to
the GRANTOR, the Government identified certain building(s) or portions of building(s) as
having, presumed to have, or requiring surveys for, friable and non-friable asbestos containing
materials and lead based paint, and the presence of certain contaminants and hazardous
materials. The GRANTOR has no knowledge regarding the accuracy of such information, and
the GRANTOR makes no warranties regarding the condition of the building(s) on the Authority
Property.
03-76189.06
MCAS TUSTIN CITY QUITCLAIM DEED D
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1 GRANTOR makes no warranties regarding the environmental conditions on the
2 Authority Property; GRANTOR has no knowledge regarding the accuracy or adequacy of the
3 Government's remediation of the City Property as provided in the deed conveying the City
4 Property to the GRANTOR, and GRANTOR has taken no steps to abate any such conditions.
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The italicized information below is copied verbatim (except as discussed below) from the
Government deed conveying the City Property to the GRANTOR. To the extent applicable to
the Authority Property conveyed hereunder, by acceptance of this Deed the GRANTEE hereby
acknowledges and assumes all responsibilities placed upon the GRANTOR under the terms of
the aforesaid Government deed to GRANTOR. Within the italicized information only, the term
"GRANTOR" shall mean the Government, and the term "GRANTEE" shall mean the City of
Tustin; to avoid confusion, the words "Government" have been added in parenthesis after the
word "GRANTOR", and "City of' Tustin" has been added in parenthesis after the word
"GRANTEE".
"2. SUBJECT TO THE FOLLOWING NOTICES, COVENANTS,
RESTRICTIONS, AND CONDITIONS, which shall be binding upon and
enforceable against the GRANTEE ("City of Tustin "), its successors and assigns,
in perpetuity:
2.1 The GRANTEE ("City of Tustin") agrees to accept conveyance of
the Property subject to all covenants, conditions, restrictions, easements, rights-
of-way, reservations, rights, agreements, and encumbrances of record.
2.2 A FOST has been completed and an Environmental Baseline
Survey ("EBS") report is referenced in the FOSZ The FOST and EBS reference
environmental conditions on the Property and on other property not subject to
this Deed. GRANTEE ("City of Tustin ") acknowledges that it has received copies
of the EBS and the FOST and that all documents referenced therein have been
made available to GRANTEE ("City of Tustin ")for inspection and copying.
2.3 Except as otherwise provided herein, or as otherwise provided by
law, the GRANTEE ("City of Tustin'') acknowledges that it has inspected, is
aware of, and accepts the condition and state of repair of the Property, and that
the Property is conveyed "as is" and "where is" without any representation,
promise, agreement, or warranty on the part of the GRANTOR ("Government")
regarding such condition and state of repair, or regarding the making of any
alterations, improvements, repairs or additions. Except for the environmental
remediation which may be required to be undertaken by GRANTOR
("Government") pursuant to paragraph 2.6 below, the GRANTEE ("City of
Tustin ")further acknowledges that the GRANTOR ("Government') shall not be
03-76189.06
MCAS TUSTIN CITY QUITCLAIM DEED D
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liable for any latent or patent defects in the Property except to the extent required
by applicable law.
2.4 Asbestos Containing Material
2.4.1. GRANTEE ("City of Tustin ") is hereby informed and does
hereby acknowledge that hazardous materials in the form of asbestos or asbestos-
containing materials ("ACM") have been found and are otherwise presumed to
exist in Building 176 on the Property. The EBS and FOST disclose the presence
of known asbestos or ACM hazards in such buildings and structures on the
Property.
2.4.2. GRANTEE ("City of Tustin") covenants, on behalf of itself,
its successors and assigns, as a covenant running with the land, that it will
prohibit occupancy and use of buildings and structures, or portions thereof,
containing known asbestos or ACM hazards prior to abatement of such hazards.
In connection with its use and occupancy of the Property, including, but not
limited to, demolition of buildings and structures containing asbestos or ACM, it
will comply with all applicable federal, state and local laws relating to asbestos
and A CM.
2.4.3 ACM surveys have not been conducted for
Buildings/Structures 255, 525, 527, 531, 532, and 536, on Parcel I-D-1 and
Buildings/Structures 537, 544, 545, and 568 on Parcel I:D-4. GRANTEE ("City
of Tustin ") s hall p rohibit occupancy a nd u se oft hose buildings a nd structures
and portions thereof until ACM surveys have been conducted by GRANTEE
("City of Tustin ") o r i ts successors a nd assigns, a nd a ny necessary abatement
required under applicable federal, state and local laws relating to asbestos and
ACM has been completed by GRANTEE ("City of Tustin')) or its successors and
assigns.
2.4.4. The GRANTOR ("Government')) shall provide a notice of
release, in recordable form, to the GRANTEE ("City of Tustin ") at such time as
demolition of the buildings on the Property containing ACM has been completed
and the appropriate government regulatory agency(s) have confirmed in writing
to the GRANTEE ("City of Tustin") that ACM has been removed from the
buildings and any necessary soil remediation has been conducted in accordance
with all applicable federal, state, and local laws and regulations. This notice of
release shall be deemed to remove all notices and restrictions relating to ACM
from the Property. The GRANTOR ("Government") shall have no obligation
under this subparagraph for the demolition of buildings or the removal of ACM
or soil remediation related to such demolition or removal action.
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2.5 Lead Based Paint (LBP).
2.5.1. The Property may include improvements that are presumed
to contain LBP because they are thought to have been constructed prior to 1978.
Buildings 176 and 237 are restricted from residential use and children are not
allowed to occupy the buildings. When these Buildings are demolished, the
GRANTEE ("City of Tustin") or its successors and assigns, will be required to
demolish the buildings in accordance with applicable laws and conduct post-
demolition sampling and abatement of any soil-lead hazards related to the
demolition p riot t o occupation o fa ny newly constructed buildings. Lead from
paint, paint chips, and dust can pose health hazards if not managed properly.
Pursuant to 40 CFR Section 745.113 the following notice is provide& "Every
purchaser of any interest in residential real property on which a residential
dwelling was built prior to 1978 is notified that such property may present
exposure to lead from lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead
poisoning also poses a particular risk to pregnant women. The seller of any
interest in residential real property is required to provide the buyer with any
information on lead-based paint hazards from risk assessments or inspections in
the seller's possession and notify the buyer of any knOwn' lead-based paint
hazards. A risk assessment or inspection for possible lead-based paint hazards is
recommended prior to purchase."
2.5.2. The GRANTEE ("City of Tustin ") hereby acknowledges the
required disclosure of the presence of any known LBP and/or L BP hazards in
target housing constructed prior to 1978 in accordance with the Residential
Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. Section 4852d (Title
X). The GRANTEE ("City of Tustin") acknowledges the receipt of available
records and reports pertaining to LBP and/or LBP hazards and receipt of the
Environmental Protection Agency (EPA) approved pamphlet "Protect Your
Family from Lead in Your Home" (EPA 747-K-94-000. Furthermore, the
GRANTEE ("City of Tustin ") acknowledges that it has read and understood the
EPA pamphlet.
2.5.3. The GRANTEE ("City of Tustin") covenants and agrees
that, in any improvements on the Property defined as target housing by Title X
and constructed prior to 1978, LBP hazards will be disclosed to potential
occupants in accordance with Title X before use of such improvements as a
residential dwelling (as defined in Title X). Further, the GRANTEE ("City of
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Tustin ") covenants and agrees that LBP hazards in target housing will be abated
in accordance with Title X before use and occupancy as a residential dwelling.
"Target housing" means any housing constructed prior to 1978, except housing
for the elderly or persons with disabilities (unless any child who is less than six
[6] years of age resides, or is expected to reside, in such housing) or any zero-
bedroom dwelling.
2.5.4. The GRANTEE ("City of Tustin") covenants and agrees
that in its use and occupancy of the Property, it will comply with Title X and all
applicable federal, state, and local laws relating to LBP. The GRANTEE ("City
of Tustin'') acknowledges that the GRANTOR ("Government") assumes no
liability for damages for personal injury, illness, disability, or death to the
GRANTEE ("City of Tustin''), or to any other person, including members of the
general public, arising from or incident to the purchase, transportation, removal,
handling, use, disposition, or other activity causing or leading to contact of any
kind whatsoever with LBP on the Property, arising after the conveyance of the
Property from the GRANTOR ("Government") to the GRANTEE ("City of
Tustin''), whether the GRANTEE ("City of Tustin") has properly warned, or
failed to properly warn, the persons injured.
2.5.5. The GRANTOR ("Government") shall provide a notice of
release, in recordable form, to the GRANTEE ("City of Tustin'') at suCh time as
demolition of the buildings on the Property containing LBP has been completed
and the appropriate government regulatory agency(s) have confirmed in writing
to the GRANTEE ("City of Tustin'') that LBP has been removed from the
buildings and any necessary soil remediation has been conducted in accordance
with all applicable federal, state, and local laws and regulations. This Notice of
Release shall be deemed to remove all notices and restrictions relating to LBP
from the Property. The GRANTOR ("Government") shall have no obligation
under this subparagraph for the demolition of buildings or the removal of LBP or
soil remediation related to such demolition or removal action.
2.6. Notices And Covenants:
2.6.1. Notices: Hazardous Substance Notification. Pursuant to
42 U.S.C. 3~ 9620(h)(3)(A), and the provisions of 40 C.F.R. part 373, the Grantor
("Government") hereby gives notice that hazardous substances were stored for
one year or more, released or disposed of on the Property. The information
contained in this notice is required by regulations promulgated under Section
120(h) of the Comprehensive Environmental Response, Liability, and
Compensation Act (CERCLA or "Superfund"), 42 U.S.C. ~ 9620(h). The Grantor
("Government") has made a complete search of its files and records concerning
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the Property. Based on that search, the type and quantity of such hazardous
substances, the time at which such storage, release or disposal took place, to the
extent such information is available, and a description of the remedial action
taken, if any, is contained in Exhibit "B."
2.6.2. Grant of Covenant [CERCLA 42 U.S.C. Section 9620
(h)(3)(A)(ii)(I)]. The GRANTOR ("Government") covenants and warrants that
all remedial action necessary to protect human health and the environment with
respect t o a ny hazardous substance re maining o n t he Property h as been taken
before the date of transfer.
2.6.3. Additional Remediation Obligation [CERCLA 42 U.S.C.
Section 9620 (h)(3)(A)(ii)(II)]. The GRANTOR ("Government") covenants and
warrants that GRANTOR ("Government") shall conduct any additional remedial
action found to be necessary after the date of transfer for any hazardous
substance existing on the Property prior to the date of this Deed. This covenant
shall not apply to the extent that the GRANTEE ("'City of Tustin") caused or
contributed to any release or threatened release of any hazardous substance,
pollutant, or contaminant.
2.6.4. Access [CERCLA 42 U.S.C. Section 9620 (h)(3)(A)(iii)].
In connection with GRANTOR's ("Government") covenant in 2.6.3 above and in
connection with ongoing remediation on GRANTOR's ("Government")property
adjacent to the Property, GRANTEE ("City of Tustin ") agrees on behalf of itself
its successors and assigns, as a covenant running with the land, that GRANTOR
("Government"), or its officers, agents, employees, contractors and
subcontractors, shall have the right, upon reasonable notice to GRANTEE ("City
of Tustin "), to enter upon the Property in any case in which a response or
corrective action is found to be necessary at such property after the date of this
deed, o r such access is necessary t o carry o ut a response a Ction o r corrective
action on adjoining property. Neither GRANTEE ("City of Tustin"), nor its
successors and assigns, shall have any claim on account of such entries against
the United States or any of its officers, agents,, employees, contractors or
subcontractors. The right to enter shall include the right to conduct tests,
investigations and surveys, including, where necessary, drilling, test-pitting,
boring and other similar activities. Such right shall also include the right to
construct, operate, maintain or undertake any other response or corrective action
as required or necessary, including, but not limited to monitoring wells, pumping
wells, treatment facilities, and the installation of associated utilities. In
exercising these rights of.access, except in case of imminent and substantial
endangerment to human health or the environment, the GRANTOR
("Government") (1) shall give the GRANTEE.("City of Tustin'') reasonable
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notice of any action to be taken related to such remedial or corrective actions on
the Property, and (2) make reasonable efforts to minimize interference with the
on-going use of the Property. Furthermore, the GtLdNTOR ("Government",) and
GtL~NTEE ("City of Tustin") agree to cooperate in good faith to minimize any
conflict between the necessary environmental investigation and remediation
activities and the GRANTEE ("City of Tustin")'s use of the Property. Any
inspection: survey, investigation or other response, corrective or remedial action
undertaken by GRANTOR ("Government") will, to the maximum extent practical,
be coordinated with representatives designated by the GRANTEE ("City of
Tustin '').
In connection with GRANTOR's ("Government") remedial actions described
above, GRANTEE ("City of Tustin ") agrees on behalf of itself, its successors and
assigns, as a covenant running with the land, to comply with the provisions of any
health or safety plan in effect during the course of any such action.
2. 7. Environmental Restriction.
2. 7.1. The following environmental covenants, conditions, and
restrictions (hereinafter "environmental restrictions") regarding the use of the
Property have been determined by the GRANTOR ("Government") to be
reasonably necessary to protect present or future human health or safety or the
environment a s provided by CERCLA a nd California Civil Code $ection ! 4 71.
The environmental restrictions made and accepted herein by GRANTEE ("City of
Tustin'') shall be for the benefit of and enforceable by the GRANTOR
("Government") herein as provided under Civil Code Section 1471 and
applicable Federal statutes and regulations, shall run with the land, and shall be
binding on the GRANTEE ("City of Tustin''), its successors and assigns.
GRANTOR ("Government") has installed monitoring and pumping wells,
together with associated monitoring and other equipment on the Property. The
approximate location of those wells and associated equipment is shown on
Exhibit "C. " GRANTEE ("City of Tustin "), its successors and assigns, shall not
alter, disturb or remove said wells or equipment without the prior written
approval of GRANTOR ("Government"), United States Environmental Protection
Agency, California Department of Toxic Substance Control, and Regional Water
Quality Board, Santa Ana Region (collectively "Cognizant Regulatory
Agencies '').
2.7.2. These environmental restrictions may be released at such
time as the GRANTOR ("Government") and the Cognizant Regulatory Agencies
have determined that the restricted Property is protective of present or future
human health or safety of the environment for the use that was formerly
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prohibited. Upon receipt of such written confirmation, the GRANTOR
("Government") shall deliver to the GRANTEE ("City of Tustin") in recordable
form, a release (the "Release") relating specifically to the environmental use
restrictions set forth in this deed. The execution of the Release by the GRANTOR
("Government") shah remove all notices and restrictions relating to the remedy
addressed by the restrictions from the title to the Property.
2.8. Indemnification Regarding Transferees. The GRANTOR
("Government") hereby recognizes its obligations under Section 330 of the
National Defense Authorization Act of 1993 (Pub. L. 102-484), as amended,
regarding indemnification of transferees of closing Department of Defense
property.
2.9. Non-Discrimination. GRANTEE ("City of Tustin'') covenants for
itself, its successors and assigns, that it will comply with all applicable provisions
of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and
the Age Discrimination in Employment Act of 1975 in the use, occupancy, sale or
lease of the Property. The foregoing shall not be construed to prohibit the
operation of federal or state approved programs focusing on the special needs of
the homeless, veterans, victims of domestic violence and other classes of persons
at risk; nor shall it be construed to prohibit employment practices not otherwise
Prohibited by law. The GRANTOR ("Government") shall be deemed a
beneficiary of this covenant without regard to whether it remains the owner of
any land or interest therein in the locality of the Property hereby conveyed and
shall have the sole right to enforce this covenant in any court of competent
jurisdiction.
3. NO HAZARD TO A IR NA VIGA TION: GRANTEE ("City of Tustin ")
covenants for itself, its successors and assigns, that in connection with any
construction or alteration on the Property, it will obtain a determination of no
hazard to air navigation from the Federal Aviation Administration in accordance
with Title 14, Code of Federal Regulations, part 77, entitled "Objects Affecting
Navigable Airspace," or under the authority of the Federal Aviation Act of 1958,
as amended.
4. THE CONDITIONS, RESTRICTIONS, RESERVATIONS, AND
COVENANTS set forth herein are a binding servitude on the Property, shall
inure to the benefit of GRANTOR ("Government") and GRANTEE ("City of
Tustin ") and their respective successors and assigns, and will be deemed to run
with the land in perpetuity, pursuant to California Civil Code sections 1462 and
14 71 and other applicable authority.
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5. EASEMENTS:
5.1 GRANTOR ("Government"), for itself and for its successors and
assigns, hereby reserves an assignable non-exclusive Easement for ingress and
egress on, over, or across (1) Windmill Road as it is located on Parcel I-D-4, and
(2) Parcel I-D-2, and an eighty-eight (88)foot wide length of Parcel I-D-13 at its
intersection of Parcel I-D-2 ("Roadways') as of the date of this conveyance for
use by GRANTOR's ("Government") employees, contractors, delivery services,
vendors, maintenance personnel and ancillary service providers for purposes of
access to the following properties which remain in the ownership of the
GRANTOR ("Government") as of the effective date of this Deed ("Remaining
Lands'): Parcel III-D-5, Parcel III-D-6, Parcel III-D-7, Parcel III-D-& Parcel
II-D-1 O, Parcel III-D-9, and Parcel III-D-1.
5.2 To the extent one or more of the Roadway(s) described above are
abandoned or otherwise cease to provide access to the Remaining Lands after the
date of this conveyance, and said access continues to be required, said Easement
shall be on, across, and over such other improved or unimproved roads provided
by the GRANTEE ("City of Tustin''), or its successor and assigns, that provide
equivalent access to the Remaining Lands. In the event GRANTOR
("Government") determines that access to the Remaining Lands is no longer
required by GRANTOR ("Government"), or is available on, across, and over
other public road(s) open to public use for which access is not restricted or
controlled for all members of the public, said Easement shall automatically
terminate."
4. The responsibilities and obligations placed upon the GRANTOR by the
Government shall run with the land and be binding on all subsequent owners of the Authority
Property unless or until such responsibilities and obligations are released pursuant to the
provisions set forth in the Government deed. GRANTEE and its successors and assigns,
respectively, shall not be liable for any breach of such responsibilities and obligations with
regard to the Authority Property arising from any matters or events occurring after transfer of
ownership of the Authority Property by GRANTEE or its successors and assigns, respectively;
provided, however, that each such party shall, notwithstanding such transfer, remain liable for
any breach of such responsibilities and obligations to the extent caused by the fault or negligence
of such party.
[Signature Page Follows]
03-76189.06
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IN WITNESS WHEREOF, the GRANTOR, the CITY OF TUSTIN, has caused these
presents to be executed on the day first above written.
CITY OF TUSTIN, CALIFORNIA
By:
Dated:
William A. Huston
City Manager
ACKNOWLEDGEMENT OF GRANTEE'S COVENANTS
TO INDICATE ACCEPTANCE of its covenants and agreements contained in this
Quitclaim Deed, GRANTEE has executed this document on the date written below.
TUSTIN PUBLIC FINANCING AUTHORITY
By:
Dated:
William A. Huston
Executive Director
Approved as to Form:
Lois Jeffrey, Esq.
City Attorney
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PSOMAS
Legal Description
Exhibit "A"
Parcel 1
Parcel I-D-3 and Parcel I-D-4 in the City of Tustin, County of Orange, State of California,
as described in the document recorded May 14, 2002 as Instrument No. 20020404594 of
Official Records in the office of the County Recorder of said County, excepting therefrom
that portion lying southeasterly, easterly and northeasterly of the following described line:
Beginning at the northeasterly terminus of that certain course in the generally southeasterly
line of said Parcel I-D-4 being described as "North 29o47' 11" East 40.70 feet" thence
North 74o44'39" East 595.55 feet to the beginning of a curve concave southwesterly
having a radius of 2290.07 feet, said curve being concentric with and 120 feet
southwesterly of the generally northeasterly line of said Parcel I-D-4, a radial line to said
beginning of curve bears North 79°55'32'' East; thence northerly and northwesterly along
said curve 1537.75 feet though a central angle of 38°28'24"; thence continuing parallel to
said generally northeasterly line North 48032'52" West 807.56 feet; thence
North 49°30'10" West 245.17 feet; thence South 40029'50" West 12.00 feet; thence
North 49°30'10" West 54.88 feet; thence North 48o32'53" West 125.33 feet; thence
North 41°27'07'' East 12.00 feet to a line parallel with and 130 feet southwesterly of the
northeasterly line of said Parcel I-D-3; thence parallel with said northeasterly line
North 48032'53" West 50.96 feet to the northwesterly line of said Parcel I-D-3.
Also excepting therefrom that portion lying southwesterly of the following described line:
Beginning at the above described Point of Beginning thence North 21 o 16' 15" West
82.64 feet to the beginning of a curve concave southwesterly having a radius of 1354.04
feet; thence northwesterly along said curve 660.46 feet though a central angle of
27°56'50"; thence North 49°13'05" West 477.09 feet to the beginning of a curve concave
southwesterly having a radius of 1354.04 feet; thence northwesterly along said curve
Page 1 of 2
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PSOMAS
Legal Description
Exhibit "A"
Parcel 1
603.50 feet through a central angle of 25°32'13"; thence South 15o14'42" WeSt 12.00 feet
to the beginning of a non-tangent curve concave southerly having a radius of' 1342.04 feet,
a radial line though beginning of curve bears North 15°14'42" East, thence westerly along
said curve 178.48 feet though a central angle of 7°37'12"; thence North 7o37'30" West
12.00 feet to the beginning of a non-tangent curve concave southerly having a radius of
1354.04 feet, a radial line though said beginning of curve bears North 7o37'30" West;
thence westerly along said curve 34.27 feet though a central angle of 1°27'00"; thence
North 83o49'30" East 15.86 feet to the westerly line of said Parcel I-D-3.
Containing 2,055,000 square feet or 47.18 acres, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
Prepared under my supervision
18 [[ Walter A. Sheek P.L.S. 4838
Expires 9/30/04
l~"ateO
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EXHIBIT B
Une Table ........ Curve Table
No. Bearing Distance No. Delta Radiusl Length
L1 ! N83'58'1'2"E 12.06' ' ...... C1 04'15'58" 2422.07i' 180.34'
1_2 N83'58'10"E' 12.00' ! C2 01'432'25" 1860.05~ 50.00'
L3 ~ N45'38'O7"W 51.73' ' C3 05'31'37" 1872.05'~ 180.58'
I
I
N48'52'52"W
-- ~ ~7-.5~ ...... ~ .... J
~ 546.14' ~~ L~7558.70.
· ' . P~Rc~~ ~- ..
N48'32'52"W ' ~ ~ ,~~ ~-O~'02' ,,~,
~07.5~' ~.~~~-~ ~ . ,~,,
~, R=1354.04' . P.O.B. ./
'' /L=603.50' · P.O.B. , ~ ~//'
,~ . (~, =2~ ';2'~;"
,,
0 150' ~00'
SOALE: 1
N~0'~0'0B'E '~ - ' ,
lg2.71'~-- '
. . .N~. , N~O.~o.o~.~
. ., " ~
'" ~ s~'~'~'~"~ ~s~.~' ~o oo~/~ ' ·
s~'~'s~"E ~/_ ~ BAflflANOA PAflKWAY
· ' · ~'~ VON KAflMAN AVE.
I
I
~,'
DESCRIP~: Porc~ 1
DRAF~D CHL
........ , P S
Une Table
No. Bearing Distance
L1 N83'58'1'2"E 12.06'
33 N83'58'10"E 12.00'
N43'38'OT"W 31.73'
Curve Table
No. Delta Radius j Length
...... C1 04'15'58" 2422.07]' 180.34'
C2 01'32'25" 1860.05~ 50.00'
C3 05'31'37" 1872.05'j 180.58'
EXHIBIT B
PO~,
PARCEL -J--D-8
NOT A PART
tO0
S38'1
128.21'
S85' 18'51
38.94'
S39' 10'31 "W
111.00'
A=29'28'47"
R=1348.04' ~
L=693.59'
N41'27'07'E 90'46''
N49'50'10'W
245.17'
PARCEL 1
.z z ~-- 41.18 Acres
PARCEL
iNST. NO.
20020404~4, 0~.
0 150' 3o0'
SCALE: 1"=300'
A=13'28'48'
R=121
L=285.39'
Cu~e Table
{~ Radius Delta Length
Cl 42.00' 16'18'19' 11.95'
C2 58.00' 13'50'56' 14.02'
C3 1336.04' 01'03'49' 24.80'
C4 58.00' 14'09'13" 14.33'
i, C5 I 42.00' 14'09'13" 10.38
' C6 1464.04' 02'52'44' 73.56'
C7 154.65' 12'53'14 34.78'
C8 177.66' 09'12'13" 28.54'
C9 1201.91' 01'12'21" 25.50'
C10 1446.09'~ 03'19'05" 83.74'-
Cll 42.00'i 14'09'13" 10.38'
C12 58.00'I 1~09"13" 14.33' 41
C13 58.00' 14'09'13" 14.33'
C14 42.00' 14'09'13" 10.38'
C15 1354.04' 01'27'00" 34.27'
C16 1342.04' 07'37'12" 178.48
C17 1354.04' 25'32'13"603.50'
BARRANCA
- -- - '--- -'~617.6~ ..... ---~ -'
N49'19'41"W 2645.09'
S64'5_9~_6:F_--
'--~XD)
A- 12'20'31"
R=I
L=256.84'
PaR.
PARCEL -J-'D--'3
NOT A PART
N48'32'52"W
-546.14'-
N48.'32'52"W '- 807.56' -.~
Line Table
L~I Bearing Distance
S04'41 '11 "E 1.44'~
L2 S06'36'35"E 32.98'.
L3 S06' 10'32'~/ 34.00'
L4 S20' 19'45'~ 36.66'
L5 S06'10'32'~/ 50.00'
L6 S21'56'30"W 31.57'
L7 S28' 19'49"W 55.50'
L8 S40'40'20"W 104.44'
L9 S26'31 '07"W 36.66'
L10 S40'40'20"W 60.00'
L11 S54'49'33"W 36.66'
L12 S40'40'20"W 43.00'
Lt 3 S83'49'30"E 15.86'
L14 S51'10'31"W 38.18'
L15 NO7'37'30"W RAD 12.00' -
L16 S15'14'42"W RAD 12.00''
r,,:
o,
W
W
W
W
s4g'19'54"E 1234.71'
24.53'
s4g'19'54"E 5282.78'
'-ARMSTRONG AVE.
DESCRIPTION: PARCEL I
MCAS-TUSTIN
SHEET 2 OF 2
PSOMAS
(714)n1-73'/3 FaxC714)SL~ ~
SCALE 1" - 300'
DRAFTED CHL
CHECKED WAS
DATE JULY, 2002
,JOB'
NUMBER 2TUSO10500 T2
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PSOMAS
Legal Description
Exhibit "A"
Parcel 2
Parcel I-D-3 and Parcel I-D-4 in the City of Tustin, County of Orange, State of California,
as described in the document recorded May 14, 2002 as Instrument No. 20020404594 of
Official Records in the office of the County Recorder of said County, excepting therefrom
that portion lying northeasterly of the following described line:
Beginning at the northeasterly terminus of that certain course in the generally southeasterly
line of said Parcel I-D-4 being described as "North 29°47'11" East 40.70 feet"; thence
North 21 o 16' 15" West 82.64 feet.to the beginning of a curve concave southwesterly having
a radius of 1354.04 feet; thence northerly and northwesterly along said curve 660.46 feet
though a central angle of 27°56'50"; thence North 49o13'05'' West 477.09 feet to the
beginning of a curve concave southwesterly having a radius of 1354.04 feet; thence
northwesterly along said curve 603.50 feet through a central angle of 25°32'13"; thence
South 15o14'42" West 12.00 feet to the beginning of a non-tangent curve concave
southerly having a radius of 1342.04 feet, a radial line though beginning of curve bears
North 15014'42" East; thence westerly along said curve 178.48 feet though a central angle
of 7°37'12"; thence North 7037'30" East 12.00 feet to the beginning of a non-tangent curve
concave southerly having a radius of 1354.04 feet, a radial line though said beginning of
curve bears North 7037'30" West; thence westerly along said curve 34.27 feet though a
central angle of 1 °27'00"; thence North 83049'30" West 15.86 feet to the westerly line of
said Parcel I-D-3.
M:~2TUS010500Xsurveyqegals\legaMoan-pcl-02.doc
Last printed 7/31/02 2:07 PM
Page 1 of 2
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PSOMAS
Legal Description
Exhibit "A"
Parcel 2
Containing 2,205,470 square feet or 50.63 acres, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
Prepared under my supervision
Walter A. Sheek P.L.S. 4838
Expires 9/30/04
M:X2TUS010500Xsurvey\legals\legal-loan-pcl-02.doc
Last printed 7/31/02 2:07 PM
Page 2 of 2
EXHIBIT B
Line Table ' Curve Table
No;! Bearing Distonce No. i Delta RadiusI Length
L1 I N83'58'12"E 12.06' , Cl i04'15'58" 2422.07j 180.34'
L2 i N83'58'10"E 12.00' C2 01'32'25" 1860.05~ 50.00'
L3 N43'38'O7"W 31.73' I . C3 05'31'37" 1872.05'~ 180.58'
I
I
N48'32'52"W
....... 807.,56~ ~ ......................................................................
~ 546.14' ~ L=1558.10,
~ { ~=25'32'13 , , '
~ ~ ~~ 477.09' ~ ~ ~=135~56,~~ ' ~ ~ P.O.B. --
~ --~ ....... -_,_~~~~
m PARCEL 2
W 50.63
20020404d~4, 0,*, ~// '
%
' ~ '
o ~5o' 300'
SCALE: 1"=300'
N40'40'O6"E
102.71'~~
~ I N40"40'O6"E
110.00'
~ N49'19'54'~ 1319.~4; ~
'~ VON KARMAN A~.
I
I
DES~IP~: P~rc~ 2
DRAF~D CHL
MCAS- TU STI N .
Line Table
No; Bearing Distonce
L1 N 83'58'12"E 12.06'
L2 N83'58'10"E 12.00'
L3 N43'38'O7"W 31.7;5'
Curve Table
No. Delta Radius I Length
Cl 04~15'58" 2422.07i 180.34'
C2 01'32'25" 1860.05~ 50.00'
C3 05'31'37" 1872.05'I 180.58'
XHIB B
o0 Zl,3
128.21' 90'46'48
S85'18'51 "~
38.94' "~
S39' 10'31 "W
111.00' "'
·
/~ = 29.28,47,, .~~_~ r.,,~iw~ PARCEL -]'-'D'~3
'%-\ JNST, NO. . il
R= 1348.04' ~ II
L=693.59' % 20 0 ~.Oz~l 0_/1~ 9~'
I
x\
N48'32'52"W
.-.546.14'-
Une Tobl~
Q Bearing Distance
L1 S04'41 '11 "E 1.44'
L2 S06'36'35"E 32.98'
L3 S06' 10'32"W 34.00'
L4 S20' 19'45"W 36.66'
L5 S06' 10'32"W 50.00'
L6 S21'56'30"W 31.37'
L7 S28' 19'49"W 55.50'
L8 S40'40'20'~N 104.44'
L9 S26'31 '07"W 36.66'
L10 S40'40'20"W 60.00'
L11 S54'49'33"W 36.66'
L12 S40'40'20"W 43.00'
L13 N83'49'30"W 15.86'
L14 S51'10'31"W 38.18'
L15 NO7'37'30"E RAD 12.00'
L16 S15'14'42"W RAD 12.,00'
L17 S49' 18'24"E 259.57'
L18 N49' 19'21 "W 203.87'
0 150' 300'
SCALE: 1"=300' O
/~ = 13'28'48'
R=1213.0~
L--285.39'
S6'
Curve Table (.RAD)
, ,
(~ Radius Delta Length
C1 42.00' 16'18'19" 11.95'
C2 58.00' 13'50'56" 14.02'
C3 1356.04' 01'03'49" 24.80' /X=12'20'31"
C4 58.00' 14'09' 13" 14.53' R= 119:
C5 42.00' 14'09'13" 10.38 L=256.84'
C6 1464.04'~ 02'52'44" 75.56'
C7 154.65'i 12'55'14 54.78'
C8 177.66' 09'12'15" 28.54'
C9 1201.91 01'12'21" 25.30'
C10 1446.09' 03'19'05" 85.74'
Cll 42.00' 14'09'13" 10.58'
C12 58,00' 14'09'13" 14.33' 41:
C13 58,00' 14'09'15" 14,33'
C 14 42,00' 14'09' 13" 10,38'
C15 1354,04' 01'27'00' 34,27'
C16 1342,04' 07'37'1.2' 178,48'
C17 1354,04' 25'32'13' 603,50'
C18 1446,09' 00'37'o3' 15.59' BARRANCA
-- - ~ 2617,62' -- ~ -
N49' 19'41 "W 2645,09'
bJ
PARCEL 2
50.65 Acres
0',~
--7g.36
b_l
L.,) %"i'
t'xl
I--
UJ
W
T
W
W
S49' 19'54"E 1234.71 ----
F'KWY.
S¢9'19'54"E 5282.78'
-'- ARMSTRONG AVE.
I
DESCRIPTION: PARCEL 2
MCAS-TUSTIN
8t-EET 2 OF 2
PSOMAS
3187 Red Hil Arum
SCALE 1" = 300'
DRAFTED CHL
CHECKED WAS
DATE JULY. 2002
dOB
NUMBER 2TUS010500 T2