HomeMy WebLinkAboutAttachment E, Exhibit 1, N - SOCCCD-City Quitclaim DeedEXHIBIT N
SOCCCD —City Quitclaim Deed
5764-44062 \A13133601AORM 111 136768.6
5 /1113
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Vice Chancellor, Business Services
South Orange County Community College
District
28000 Marguerite Parkway
Mission Viejo, California 92692 -3635
Mail copy of Quitclaim Deed and Tax
Statements to:
City Manager
The City of Tustin
300 Centennial Way
Tustin, California 92780
Exempt from Recording Fees
Per Government Code Section 6103
Space Above This Line Reserved for Recorder's Use
QUITCLAIM DEED AND ENVIRONMENTAL
RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471
FROM SOCCCD TO CITY
(City - SOCCCD Land Exchange Agreement)
THIS DEED is made this day of 2013, by the SOUTH
ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( "SOCCCD ") in favor
of the CITY OF TUSTIN, CALIFORNIA, a municipal corporation organized under the
laws of the State of California ( "CITY ").
RECITALS:
WHEREAS
A. CITY requested from the United States of America (the "Government ")
conveyance of a portion of the former Marine Corps Air Station Tustin, ( "MCAS
Tustin ") which was closed pursuant to and in accordance with the Defense Base Closure
and Realignment Act of 1990, as amended (Pub. L No. 101 -510; "Base Closure Act ")
and which is no longer required for military purposes;
B. The Government and CITY entered into that certain Agreement between
the United States of America and the City of Tustin, California, for the Conveyance of a
5764 - 440621810403 \1116106.12
4/23/13
Portion of the Former Marine Corps Air Station Tustin, dated May 13, 2002 as amended
by "Modification One (1)" dated April 10 2006, "Modification Two (2)" dated
July 31, 2006 and "Modification Three (3)" dated December 19, 2011 (as so
amended and modified, the "Navy -City Conveyance Agreement ") which sets forth
the terms and conditions of the conveyance of portions of MCAS Tustin from the
Government to CITY;
C. Pursuant to California Civil Code § 1471 and a Finding of Suitability to
Transfer ( "FOST "), the Government determined that it is reasonably necessary to impose
certain restrictions on the use of the City Property to 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;
D. CITY and SOCCCD entered into that certain Agreement between the City
of Tustin and the South Orange County Community College District for the Conveyance
of a Portion of MCAS, Tustin and the Establishment of an Advanced Technology
Educational Campus, dated April 22, 2004, (the "City - SOCCCD Conveyance
Agreement ") setting forth the terms and conditions of the conveyance of a portion of the
City Property from CITY to SOCCCD;
E. Subsequently, CITY and SOCCCD entered into that certain Development
Agreement and Amended and Restated Agreement between the City of Tustin and the
South Orange County Community College District for Conveyance of a Portion of
MCAS, Tustin and the Establishment of an Advanced Technology Educational Campus
dated , 20 , and recorded in the Official Records of the County Recorder of
Orange County, California, on , 20 ( "Official Records ") as Instrument No.
(the "Development Agreement "), which, among other things,
amends and restates the City - SOCCCD Conveyance Agreement in its entirety;
F. Pursuant to the Navy -City Conveyance Agreement, the Government
conveyed certain real property at the Marine Corps Air Station, Tustin ( "City Property ")
to CITY;
G. In accordance with the City - SOCCCD Conveyance Agreement, CITY
conveyed, on one or more occasions, portions of the City Property (the "SOCCCD
Property ") to SOCCCD; and
H. CITY and SOCCCD have entered into that certain Agreement for the
Exchange of Real Property dated , 20_ (the "Land Exchange Agreement "),
pursuant to which SOCCCD has agreed to convey to CITY certain portions of the
SOCCCD Property in exchange for the conveyance by CITY to SOCCCD of certain
portions of the City Property.
NOW THEREFORE, SOCCCD, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, does hereby remise, release
and forever quitclaim to CITY, all of SOCCCD's right, title and interest in and to that
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5764 - 44062 \R1 D403 \1116106.12
4/23/13
certain real property, comprising seven and 8 /10ths (7.8) acres more or less (hereinafter
"SOCCCD Exchange Property "), as more particularly described in Exhibit "A."
TOGETHER WITH all improvements on the City Exchange Property.
1. SUBJECT TO THE FOLLOWING:
1.1 Encumbrances. City agrees to accept conveyance of the SOCCCD
Exchange Property subject to all covenants, conditions, restrictions, easements, rights -of-
way, reservations, rights, agreements, and encumbrances of record, including those set
forth in that certain Quitclaim Deed and Environmental Restriction Pursuant to Civil
Code Section 1471 (the "2004 Quitclaim Deed ") recorded on April 29, 2004 as
Instrument No. 2004000369376 in the Official Records.
1.2 City Obligations. The quitclaim deed from the Government conveying the
City Property to CITY (the "Government Deed ") was recorded prior to the recordation
of the 2004 Quitclaim Deed conveying the SOCCCD Exchange Property from the CITY
to SOCCCD. The Government Deed placed certain obligations ( "City Obligations ") on
CITY with regard to the environmental condition of the SOCCCD Exchange Property. In
turn, in the 2004 Quitclaim Deed, SOCCCD acknowledged and assumed the City
Obligations. By CITY's acceptance of this Quitclaim Deed, City hereby (a) re- assumes
the City Obligations; (b) acknowledges that SOCCCD's assumption of the City
Obligations is terminated; and (c) forever releases SOCCCD from the City Obligations;
provided, however, that SOCCCD shall remain liable for any breach of the City
Obligations during the period in which SOCCCD had ownership and possession of the
SOCCCD Exchange Property.
2. "As is, Where Is, With All Faults ". SOCCCD makes no warranties regarding the
environmental conditions on the SOCCCD Exchange Property; SOCCCD has no
knowledge regarding the accuracy or adequacy of the Government's remediation of the
City Property as provided in the Government Deed. CITY acknowledges that it has
examined the SOCCCD Exchange Property and is acquiring the SOCCCD Exchange
Property from SOCCCD in an "AS IS, WHERE IS, WITH ALL FAULTS" condition, in
its present state and condition and with all faults, which provisions shall survive the close
of escrow related to this transaction and do not merge with this Deed.
3. COVENANTS RUNNING WITH THE LAND. The terms of this Deed, are
hereby agreed and declared by SOCCCD and CITY and declared to be covenants running
with the land and enforceable as restrictions and equitable servitudes against the
SOCCCD Exchange Property, and are hereby declared to be and shall be binding upon
the SOCCCD Exchange Property and SOCCCD and the successors and assigns of
SOCCCD owning all or any portion of the SOCCCD Exchange Property.
4. NOTICES: All notices, consents, demands, requests and other communications a
party desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre -paid, first -class mail to the address set
for below. Either party may change its address by notifying the other party of the change
3
5764- 44062WD4031111610612
4/23/13
of address in writing. Notice shall be deemed communicated forty -eight (48) hours from
the time of mailing if mailed as provided in this Section:
If to CITY:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Manager
With a copy (which shall not George R. Schlossberg, Esq.
constitute notice) to: Kutak Rock LLP
1101 Connecticut Avenue, N.W., Suite 1000
Washington, DC 20036
If to SOCCCD:
And to:
Vice Chancellor, Business Services
South Orange County Community College District
8000 Marguerite Parkway
Mission Viejo, CA 92692
Andrew P. Bernstein, Esq.
Jackson DeMarco Tidus & Peckenpaugh
2030 Main Street, 12th Floor
Irvine, California 92614
]Signature Page Follows]
4
5764- 44062 \R1 D403 \1116106.12
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IN WITNESS WHEREOF, SOCCCD has caused its name to be signed to this
Deed on the day first above written.
SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
By:
Name: Gary Poertner
Title: Chancellor
Date:
ACKNOWLEDGEMENT OF CITY'S COVENANTS
TO INDICATE ACCEPTANCE of its covenants and agreements contained in
this Deed and receipt of the documents described herein, CITY has executed this
document on the date written below.
Attest:
Name:
City Clerk
Approved as to Form:
Name:
City Attorney
, Esq.
CITY OF TUSTIN
By:
Date:
5
Name: Jeffrey C. Parker
Title: City Manager
5764-440621 RUD40311116106.12
4/23/13
STATE OF CALIFORNIA
COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he /she executed the
same in his /her authorized capacity, and that by his /her signature on the instrument the
person, 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.
WITNESS my hand and official seal.
Signature:
STATE OF CALIFORNIA
COUNTY OF
On , , before me,
(SEAL)
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he /she executed the
same in his /her authorized capacity, and that by his /her signature on the instrument the
person, 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.
WITNESS my hand and official seal.
Signature:
6
(SEAL)
5764-44062 \RJ D403 \I 116106.12
4/23/13
EXHIBIT A
Legal Description of SOCCCD Exchange Property
(attached)
To
Quitclaim Deed and Environmental Restriction
Pursuant to Civil Code Section 1471
(Areas 1 & 9)
7
5764- 44062 \R10403 \1116106.12
423/13
I.KCAL DESCRIPTION OF AREA No. I
'lush,,, CA
Portlun APN: 430,283•16
April 19, 2013
BM' No. 20122000-13
Vag:: 1 of
RezIpiiiipedy silo :lust in the City of TuNtia, Cottaly of Ortiolic, Stifle of described a:, Iiillows;
Being a poi lion iii ['ARC 12 I-21,-1.1 as :cc:id parcel is described in i ecru& document em it led -Qua
CLAIM Drai AND IINVIRONIENTAI. RES1111(..' HON PURSUANT 10 CIVIL CODE sycnoN
1471" tilLd for record on April 29, 200-1 in Doe. No. 2004000369376, ResooL; of Orange County, nowt.:
oarlietilarly described ifs follows;
BEGINNING at die most southerly comer or OM
rtinox olooi: file soon- oxemeri )- line or said r A itc:ti , I -E-1.: the 011ov:tug tight t,Sj courses:
Ninth 4.Sr-.17'52" West, 7(10.55 feet to the beginning of a icnucol cerstt havini it radius '11 2285.1*
reel:
2. Aliii said clove. fir-ow:It ;•ri. 0;'
3. Neith ,ItO5028n Fast 21.)7 feet;
4. Nor It 4909..12" Wri!i., 15,95
5, Siitt;11.54P501:.'8“ West, 2E1.64 reel to 11w beginning ,,la nolidangintt cure concave in the nurthettt,
!laving a rutl kis or 22S5.06, to whiclt point a rialtal line hears Seidl] West;
Notdoecsterly along last said cent, through a central angle unbl"29'36"., Cur an arc length a
179,10 red;
7. Norh 4250.119" ct t1.R6 reel;
S. North -12'5009" West 37.23 feet in du: nottlisvesorly line of said P. !Will, I -EI.1;
hence k-a', ii iaiii sOttlImeritcr!.i nth: along last notdissederly tine il Ust FIn htee t3
I North .10'.39'13" East. .024,93 Reg
Nodli 49:1tE45" \Vest, 130.4r, feet;
3. Ncrth 49'3915" Rol. 30,tifi feet;
Ihige I of 2
Thence Icavinu cud r•oriliwc,iiedy tine, South '19'20%13" Fag, Izi:+.3 filitr:
'Elienct South 4(P3915" West, 20.8S Feet;
"Iltenee South 492015" Ectil, 21;1..37 feet hr the soothe:1st:Ay line of PARCEI. I -I:- I .1:
hence along said soudraddeily1111O I he fidliminr.1111st: etolesc•s:
1 • •!-;okillt 30'51'45" \Veit, 31E5.52 led;
2. South .stron'IN't Enii.173.SS feei:
3. South ilop3V15" Wtoa,159.25 reel to We POINT OF 111:GINNI NCI,
Com:Eli:Ali all tired t 295,(Cri square aerCilottro Icss.
Being ti porlioil Ms.;,.::.::or's Pared Nuiabci 4.10.2S3-16
NItown on -Scholl:1k 1"1111orfletllwrent and tootle El part Ituvor,
For: HU linineers,
f3).:
Ihnois I P.L.S. No. 6F,68
License 0-30.2014
413- zin 3
. • , .,•
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Sof 3,13.210:3 I 3 A I IP I ,a1.35.•41 flail I \VII MAIN'•1 II:A I S 1 NSI)
Page 2 or:).
If I
CITY OF TUSTIN
N , 39'111'
30.66'
APN: 430 - 283 -18
14 42'66'05" W
w7.7.i
- -. 14 4 2.561t19.'
w
..a ai•oisl" £0 -)
6'- 2265.06'
t, =4'29 36"
- 179.20'
5 42.3415" W( )
-L3
L2_ N 42'1017 E(R)
LI '1.205.Bf,'
L =2&68'
S 41127'081W(R)
;Is
u
C1
N
UI
N 40'39'15" F 624,9x'
SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
APN: 430 - 283 -16
PARCEL 1 -E -1.1
DOC. NO. 2004000369376
LAND EXCHANGE AREA NO. 1
295,627 sq. ft. ±
6.787 acrest
LINE TABLE
LINE
BEARING
LENCTI4
L1 _ -.
1.2
r± 9Q:Y_r Imo' I-_21.07_
N 49' ' "
15.Q3'
20.64'
L3
P •0'5021'W'
4 Pb) NT or OEG NNING
5 40'39'15' W. :%;i`9.2
5 .49'51'45" 'It 305.52'
u
ct
N
a
N
4
J_
S 4 6'3'1 i 5 '8
?0, Sit'
ro
W
N
4
Ot
URI: 22006.13 PIA I% \ LAND S7AI' 1,D'W0
.1
W
'n
w
RANCI.IO SANTIAGO
COMMUNITY COLLEGE DISTRICT
AND
SHERIFFS TRAINING FACILITY
APN: 430 - 283 -19
�eKr
I ram I O>MO4 !Puna'
G00 SOUTH MAIN STREEI
SUITE 920
GRANGE, CA 92060
714 -4I5 -05500
714 -- 415 -0590 (FAX)
Subjul SCHEDULE 1
LAND LXCIANGF, AREA I
Job No, 20122006. 13 —_V By RI , Date j/J9 /13
SHEEF . - -- 1 OF 1 —
tr-oBKI"
iie;0■••■• soluross
IIIISCRIPTION 01:AREA NO. 9
Tustin, CA
Portion of AI'S: 4311-282-13
April 19, 2013
13M: Ni. 2012201Th-0
Page I oil
Realinioperly Silt“th'd in rho City OrTu'itill, County or ocoop:, Sbte Ur Cu l ifurci;:i, Described as itilhIVS■
lhthm all el PARCEL I as sidd parcel is described in tlidt cc:rule:1 document enthIcti "Qum:LAW
1: AND liNVIRONMENTAI, RESTRICTION PURSUANT 'IC) CIVIL CODE SECTION 1171" Wed roi Nord
od May IA, 2002 in One. Nn. 2002040-1593. Records Or Orange County. i»cot, inailleularly described as l'ollti.mis;
COMIYIPNCING at the most sown...a:doily comer Of P.:111.11W.WEL I ,Ii• 3:
the liricul said the folloss.in;; la 1, (2) ontosesi.
I. Sown .1114II0,4" 11'or.l, I 23,159 lot;
2. Stanit S7t32511" era., 2I,69 feet to tlic soinlitee.i.ialy line of said PARCEL 1-1...•;:t
Ilts. nlint: said tkitithcsisicrIi: Int:and aim-: said Iv Lle tie tiplillecin■i. etzhi
I. :malt \\ eta. 9.92 Tool to lie befiloutn:.4 Co:tekIVC I:IV
2 Noratortittorlisi along! raid eurt,:i, :loony)) central anii;:eo:i12°.:11119'1, lbf are E:::12.1;) OF 31,99 FM:
2, Nod: \V,-,I, 2S Cl leol le the ito,tilitinizt Dia tan2ton eon is, cencriv; sotahtvesto ly, liuviiijt
(11. I POO !VVI,
ah)Ily NUM lilFtli101 1 venhal flhItC of I hi nit ate length p131 .7') reel:
3. N010: 43-`iP7.53" Vest, •12,11 ket Ia the beginning id' a tinetiesti curet. ereicave schtliscestsily, vjuir
1.1(hlti or
C,. Norrluse:itirily along said Curve, Orsonnli a ventral ante 05'70111', r„, are length ice%
7. ti.'inalt :1920'0 l'' \Vera, 13.29 Ica:
S. Noult led to the porrIntiestaly rico oliiitili.11,AltClil. I
lioncleayhito said ranitheiritaly itail itiothwesierle lilt.: the ItOlowhig three O1 t's:01s:
I. Norill :101S211" kora. 502'10 :`CL:
2. Sotch 49-213e" bast, 12,00 Icelt
kast, -11.13 ...ea In the tiortheasterly hue el said PAIZCEI. I
Page I iii 7
111eurc Iravittv u0r1:04•1•trily alotip aiIj nolthiagicrly line, South .1‘:0191s4' Rut, 1c.P.:.24 red to the
IWt 11NNINi
:it) orra •1.1,:1.197 .4;nmit kt Or LOU I mars 1111.1(Q or les4,.
I king a portion or .A:a4assor's Parcel Nriaber •1:10-2;12-1 3
.,■% N13111111 I/II "SellethIle. I" au:Jelled hereto anti made A part liereaf.
For 111CP Enviticers
I iv: •
4.•
I la ViS Thrc:;11, P.1 S. No. 6SOS r
1 icein,e t19-3t1-20 1.1 '
IiUc •• ." to 5
't:ttt]1•120:A. It A It Plii.lt,:71:1117:1;Slii'itt •; t A!A I Xi 'II \ At
Pug: 2 012
E1ERy 4 Yid lz1f� +'r "nmJJlz
SOU fH ORANGE COUNTY
I COMMUNITY COLLEGE DISTRICT
APN: 430-282-13
ft- 1464.04'
(5:30.11-
1.- 140.62'
12:1.8 ?•
PROPOSED 4RE4 7
PARCEL 1 -E -3
DOC. NO. 20020404595 /
LAND EXCHANGE /
AREA NO.9 J
43,597 sq. ft.±
1.001 acres S'
I,i S:fT3)
•od;) ^P hi: Gli irilri^
SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
APN: 430-252-11
E. \:lIJRI2 \12.01 -13 PLAIS \I.A9e "3'11;AP O,DWWG
1
CITY OF TUSTIN
APN: 430.282 -26
CURVE TABLE
CURVE
cl
RADIUS_
1412_
159.50'
DELTA
LENGTH_
12.48'14"
11.2510'
31.99'
31.79 -.
C2
LINE TABLE
liNE
BEARING
LENGTH
Li
N 45'10'56" W
9,92'
12
N 3..4' -
25,61'
13
N 4,749'53" W
42.11'
14
N 49'20'044 VI
15.29'
1.5
N 04'20'50" W
36.%8 _
16 ___
_ N 40'38'2,9` E
_ 50.00'
17
5 49•11'31" E
_
12.00'
In
-_h1 41r39W79" E_L 41,13'._"'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
�BNf
IwmntrI tonna, 1Vllumn
1300 SOUTH MAIN STREET
suiru 020
ORANCE, (:A 92808
714...415 -0500
714- 415 - -0599 (rAx)
Subject SCHEDULE I
1 AND C XeliANCE ARR.A
Job No. 20172406 -13 _
y FL Date 4L1W /13 Chkd.W$_
SHEET -_ I OF I