HomeMy WebLinkAboutAttachment E, Exhibit 1, X-1 - City-SOCCCD Quitclaim DeedEXHIBIT X -1
City - SOCCCD Quitclaim Deed
5764- 44062WPB360W GRM111136768.6
5/I/13
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City Manager
The City of Tustin
300 Centennial Way
Tustin, California 92780
Mail copy of Quitclaim Deed and Tax
Statements to:
Vice Chancellor, Business Services
South Orange County Community College
District
28000 Marguerite Parkway
Mission Viejo, California 92692 -3635
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 CITY TO SOCCCD
(City- SOCCCD Land Exchange Agreement / Red Hill Parcels)
THIS DEED is made this day of 20 , by the CITY
OF TUSTIN, CALIFORNIA, the recognized local redevelopment authority for Marine
Corps Air Station Tustin ( "CITY "), in favor of the SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT ( "SOCCCD ").
RECITALS:
WHEREAS
A. CITY requested from the United States of America (hereinafter 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
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
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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 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 a portion 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 CITY has agreed to convey to SOCCCD certain portions of the City
Property in exchange for the conveyance by SOCCCD to CITY of certain portions of the
SOCCCD Property.
NOW THEREFORE, CITY, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, does hereby remise, release and
forever quitclaim to SOCCCD, all of CITY's right, title and interest in and to that certain
real property, comprising approximately nine (9) acres, more or less (hereinafter "City
Exchange Property "), as more particularly described in Exhibit "A."
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TOGETHER WITH all improvements on the City Exchange Property
1. EXCEPTING THEREOUT AND THEREFROM, however, and reserving to
CITY its successors and assigns, together with the right to grant and transfer all or a
portion of the same, the following:
1.1 Any and all oil, oil rights, minerals, mineral rights, natural gas rights 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 City Exchange
Property together with the perpetual right of drilling, mining, exploring for and storing in
and removing the same from the City Exchange Property or any other land, including the
right to whipstock or directionally drill and mine from lands other than the City Exchange
Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the
City Exchange 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 right to drill, mine, store, explore or operate through the surface of the City
Exchange Property.
1.2 Any and all water, water rights or interests therein appurtenant or relating
to the City Exchange Property or owned or used by CITY in connection with or with
respect to the City Exchange Property (no matter how acquired by CITY), whether such
water rights 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 or in the City Exchange Property, to store
the same beneath the surface of the City Exchange Property and to divert or otherwise
utilize such water, rights or interests on any other property owned or leased by CITY; but
without, however, any right to enter upon or use the surface of the City Exchange
Property in the exercise of such rights.
1.3 A permanent non - exclusive easement in gross on, over, under or across
the City Exchange Property within ten (10) feet from all property lines bordering on and
parallel to any public street or future public street as identified on the MCAS Tustin
Specific Plan/Reuse Plan adopted February 3, 2003, as subsequently amended (as
amended, the "MCAS Tustin Specific Plan/Reuse Plan ") for the construction,
installation, emplacement, operation and maintenance of any new utility systems, without
unreasonably interfering with SOCCCD's reasonable use and enjoyment thereof.
2. SUBJECT TO THE FOLLOWING NOTICES, COVENANTS,
RESTRICTIONS, AND CONDITIONS, which shall run with the land and be binding
upon and enforceable as equitable servitudes against SOCCCD, its successors and assigns
for such period of time as the Development Agreement prescribes:
2.1 Conditions:
2.1.1 Uses. The City Exchange Property shall be planned, developed,
maintained and used solely for the purposes prescribed in the Development Agreement.
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2.1.2 Effective Standards. The City Exchange Property shall be
planned, developed and maintained in accordance with the Effective Standards as defined
in the Development Agreement.
2.1.3 Major Improvements. SOCCCD shall not construct or make or
permit the construction or making of any "Major Improvements" (as defined in the
Development Agreement) on the City Exchange Property without complying with the
provisions of the Development Agreement concerning CITY'S rights (a) to grant or deny
"Development Approvals" and (b) to undertake courtesy review of the "DSA Plans" (as
both such terms are defined in the Development Agreement).
2.2 Restrictions on Transfers:
2.2.1 Permitted Transfers. SOCCCD shall not effect, or agree to effect,
any transfer, sale, assignment, gift or other conveyance of all or any portion of the City
Exchange Property or any improvements thereon or any interest therein, whether
voluntarily, involuntarily or by operation of law or otherwise except as provided in the
Development Agreement.
2.2.2 Remedies For Improper Transfers. In the event of a Transfer in
violation of this Section 2.2, CITY shall have all remedies available to it as provided in
the Development Agreement, including the right to exercise the Right of Reverter
contained in Article 13 of the Development Agreement.
2.2.3 Termination of Restrictions. The provisions of this Section 2.2
shall expire and be of no further force or effect on April 29, 2034 (the "Termination
Date ").
2.3 Covenants: The Development Agreement includes certain additional
covenants by SOCCCD in favor of CITY. SOCCCD, by acceptance hereof, reaffirms its
obligation to comply with such covenants, including, but not limited to, the following:
Section 7 concerning City regulation, Section 12 concerning unauthorized transfers, the
Release contained in Section 16.3.3, Section 11 concerning non - discrimination and
maintenance of the City Exchange Property, and Section 21.14 concerning estoppel
certificates.
2.4 Enforcement of Covenants, Conditions, and Restrictions: SOCCCD, its
successors and assigns, shall reimburse CITY for all damages, claims, or liability
whatsoever that CITY sustains as a result of a breach by SOCCCD of any of the
conditions or any other terms and covenants of this Deed, including all costs and expense
(including reasonable attorney's fees and court costs) related to, or arising from CITY's
enforcement or restraint of a breach by SOCCCD of any of the conditions or any other
terms and covenants of this Deed.
2.5 Encumbrances. SOCCCD agrees to accept conveyance of the City
Exchange Property subject to all covenants, conditions, restrictions, easements, rights -of-
way, reservations, rights, agreements, and encumbrances of record.
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2.6 Government Deed. The quitclaim deed from the Government conveying
the City Property to CITY (the "Government Deed ") was recorded prior to the
recordation of this Deed. In its transfer of the City Property to CITY, the Government
identified certain building(s) or portions of building(s) as being located on the City
Exchange Property. CITY has no knowledge regarding the accuracy of such information.
Additionally, in its transfer of the City Property to CITY, 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. CITY has no
knowledge regarding the accuracy of such information, and CITY makes no warranties
regarding the condition of the building(s) on the City Exchange Property.
CITY makes no warranties regarding the environmental conditions on the City
Exchange Property; CITY has no knowledge regarding the accuracy or adequacy of the
Government's remediation of the City Property as provided in the decd conveying the
City Property to CITY, and CITY has taken no steps to abate any such conditions.
The italicized information below is copied verbatim (except as discussed below)
from the Government Deed conveying the City Property to CITY. To the extent
applicable to the City Exchange Property conveyed hereunder, by acceptance of this
Deed SOCCCD hereby acknowledges and assumes all responsibilities placed upon
CITY, under the terms of the aforesaid Government Deed to CITY. Within the italicized
information only, the term "GRANTOR" shall mean the Government, and the term
"GRANTEE" shall mean CITY; to avoid confusion, the words "Government" have been
added in parenthesis after the word "GRANTOR ", and "CITY" has been added in
parenthesis after the word "GRANTEE ".
2.2 A FOST has been completed and an Environmental Baseline Survey
( "EBS ") report is referenced in the FOST The POST and EBS reference environmental
conditions on the Property and on other property not subject to this Deed GRANTEE
( "CITY') 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') for,
inspection and copying.
2.3 Except as otherwise provided herein, or as otherwise provided by law, the
GRANTEE ( "CITY') 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 ( "the Government") regarding such condition and state of repair, or
regarding the making oJ'any alterations, improvements, repairs or additions. Except for
the environmental remediation which may be required to be undertaken by GRANTOR
( "the Government') pursuant to paragraph. 2.6 below, the GRANTEE ( "CITY') further
acknowledges that the GRANTOR ( "the Government') shall not be liable for any latent
or patent defects in the Property except to the extent required by applicable law.
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2.4 Asbestos Containing Material.
2.4.1 GRANTEE ("CITY") 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
Buildings /Structures ... 213... 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') 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 ACM
2.4.3 ACM surveys have not been conducted for Buildings /Structures,
...538... on Parcel I -E -2 [Areas 2 and 6 as shown on Exhibit A]. GRANTEE ("CITY')
shall prohibit occupancy and use of those buildings and structures and portions thereof
until ACM surveys have been conducted by GRANTEE ( "CITY') or its successors and
assigns, and any necessary abatement required under applicable federal, state and local
laws relating to asbestos and ACM has been completed by GRANTEE ("CITY') or its
successors and assigns.
2.4.4 The GRANTOR ("the Government') shall provide a notice of
release, in recordable form, to the GRANTEE ( "CITY') 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')
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 ACMfrom the Property. The GRANTOR ( "the 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.
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
..213... are restricted from residential use and children are not allowed to occupy the
buildings. When these buildings are demolished, Grantee ( "CITY') 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 prior to occupation of any newly constructed buildings. Lead from paint,
paint chips, and dust can pose health hazards if not managed properly. Pursuant to
40 C'FR Section 745.113 the following notice is provided; "Every purchaser of any
interest in residential real property on which a residential dwelling was built prior to
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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 possession and
not 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) hereby acknowledges the required
disclosure of the presence of any known LBP and/or LBP 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')
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 -001). Furthermore, the
GRANTEE ( "CITY') acknowledges that it has read and understood the EPA pamphlet.
2.5.3 The GRANTEE ( "CITY') 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 A).
Further, the GRANTEE ( "CITY') 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') 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') acknowledges that the
GRANTOR ( "the Government') assumes no liability for damages for personal injury,
illness, disability, or death to the GRANTEE ( "CITY'), 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 ( "the Government ") to the GRANTEE ( "CITY'), whether the
GRANTEE ( "CITY') has properly warned, or failed to properly warn, the persons
injured
2.5.5 The GRANTOR ( "the Government') shall provide a notice of
release, in recordable form, to the GRANTEE ( "CITY') 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')
that LBP has been removed from the buildings and any necessary soil remediation has
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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 ( "the 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'. § 9620(h)(3)(A), and the provisions of 40 C.F.R. part 373, the GRANTOR
( "the Government') hereby gives notice that hazardous substances were stored for one
year or more, released or disposed of on the Properly. 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 US. C. § 9620(h). The GRANTOR has made a complete search of its
files and records concerning 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)(i0(I) 1. The GRANTOR ( "the Government') covenants and warrants that all
remedial action necessary to protect human health and the environment with respect to
any hazardous substance remaining on the Property has been taken before the date of
transfer.
2.6.3 Additional Remediation Obligation fCERCLA 42 U.S.0 Section
9620 (h)(3)(A)(ii)(11)/. The GRANTOR ( "the Government') covenants and warrants.
that GRANTOR ( "the 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') caused or contributed to any release or threatened release of
any hazardous substance, pollutant, or contaminant.
2.64 Access ( CERCLA 42 U.S.C. Section 9620 (10(3)(A)(iii)J. In
connection with GRANTOR 's ( "the Government') covenant in 2.6.3 above and in
connection with ongoing remediation on GRANTOR's ("the Government') property
adjacent to the Property, GRANTEE ("CITY') agrees on behalf of itself its successors
and assigns, as a covenant running with the land, that GRANTOR ( "the Government'),
or its officers, agents, employees, contractors and subcontractors, shall have the right,
upon reasonable notice to GRANTEE ( "CITY'), 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, or such access is necessary to carry out a response action or
corrective action on adjoining property. Neither GRANTEE ( "CITY'), 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
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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 ('the Government")
(1) shall give the GRANTEE ("CITY") reasonable 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
GRANTOR ( "the Government') and GRANTEE ("CITY") agree to cooperate in good
faith to minimize any conflict between the necessary environmental investigation and
remediation activities and the GRANTEE's ("CITY") use of the Property. Any inspection,
survey, investigation or other response, corrective or remedial action undertaken by
GRANTOR ("the Government') will, to the maximum extent practical, be coordinated
with representatives designated by the GRANTEE ( "CITY').
In connection with GRANTOR'S ( "the Government") remedial actions described
above, GRANTEE ("CITY") 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 ( "the Government') to be reasonably necessary
to protect present or future human health or safety or the environment as provided by
CERCLA and California Civil Code Section 1471. The environmental restrictions made
and accepted herein by GRANTEE ("CITY") shall be for the benefit of and enforceable
by the GRANTOR ( "the 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') its successors and assigns. GRANTOR ( "the
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), its
successors and assigns, shall not alter, disturb or remove said wells or equipment
without the prior written approval of GRANTOR ( "the 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 ( "the 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 prohibited Upon receipt of such
written confirmation, the GRANTOR ( "the Government') shall deliver to the GRANTEE
( "CITY') in recordable form, a release (the "Release') relating specifically to the
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environmental use restrictions set forth in this deed. The execution of the Release by the
GRANTOR ( "the Government') shall 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 ( "the
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') 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 ( "the
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 AIR NAVIGATION: GRANTEE ( "CITY') 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 ( "the Government') and GRANTEE ( "CITY) 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 1471 and other applicable authority.
The responsibilities and obligations placed upon the land by the Government shall
run with the land and be binding on all subsequent owners of the City Exchange Property
unless or until such responsibilities and obligations are released pursuant to the
provisions set forth in the Government Deed. CITY and its successors and assigns,
respectively, shall not be liable for any breach of such responsibilities and obligations
with regard to the City Exchange Property arising from any matters or events occurring
after transfer of ownership of the City Exchange Property by CITY 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.
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2.7 "As is, Where Is, With All Faults ". SOCCCD acknowledges that it has
examined the City Exchange Property and is acquiring the City Exchange Property from
the CITY 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 City
Exchange Property, and are hereby declared to be and shall be binding upon the City
Exchange Property and SOCCCD and the successors and assigns of SOCCCD owning all
or any portion of the City 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
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:
With a copy to:
If to SOCCCD:
With a copy to:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Manager
George R. Schlossberg, Esq.
Kutak Rock LLP
1101 Connecticut Avenue, N.W., Suite 1000
Washington, DC 20036
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]
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IN WITNESS WHEREOF, CITY has caused its name to be signed to this
Quitclaim Deed on the day first above written.
CITY OF TUSTIN
By:
Name: Jeffrey C. Parker
Title: City Manager
Date:
Attest:
Name:
City Clerk
Approved as to Form:
Name: , Esq.
City Attorney
ACKNOWLEDGEMENT OF SOCCCD'S COVENANTS
TO INDICATE ACCEPTANCE of its covenants and agreements contained in
this Quitclaim Deed and receipt of the documents described herein, SOCCCD has
executed this document on the date written below.
SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
By:
Name: Gary L. Poertner
Title: Chancellor
Date:
5764- 44062112JD403 \1116332.10
4/30/13
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:
(SEAL)
5764.44062 \RJ13403 \1116332.10
4/30/13
EXHIBIT A
Legal Description of City Exchange Property
(attached)
To
Quitclaim Deed and Environmental Restriction
Pursuant to Civil Code Section 1471
[Areas 2 & 61
5764 -44062 \R1D403 \1116332.10
4/30/13
1Bkf
:%; war'. wRVLYc ;%.P :ke.:(5
LEGAL. DESCRIPTION OF ARICA NO. 2
Tom in. CA
Portion of APN: 430- 283 -1S
April 19, 2013
IIKE No. 2(1122004 -13
Page 1 of?
Herd properly situated in the City of fosl in, Comity of C)ranite. State 01 '1 l:Am ia. rie+reibed as funnies;
Being a portion of PARC'I',l. I -13 -I and PARCEL 1 -11e 2 as said parcels are deaeribed in that certain
document entitled "QUITCLAIM DEED E AND ENVIRON:IENTAI. R Est liICfION PURSUANT TO
CIVIL CODE. SECTION 147r hied fdr record on May 14, 2002 in Dec. Nn 21)020404595, Records of
Or:urvu County. more particularly described a> Ibllows;
('O31tvlliNCINCi al r,temost nnnherly corner orsaid PAICCliI_ 0.35 °•'_,
'I hence Attu; ilia twill's.....-steely line of said l'AlteLI. I -E-2, Smolt 111'31'31r N`cst 314.26 feet to the
TRUE ItiIN 1 LW ilE(IINNING;
I holes leacinit sate i'ithw stcrly line or said PARC El. l -E.2, b.cretil 8413 ?'4S' Cdu 37,14 feet:
f hence Smith 4') ?2'!I" peel. ,'.11.511 ;.;.;t:
.fhcoce SImilt 511'48'31" But, 3551.1? red to thes;'olhatitvr :.), line ol'I'ARC'lil. I d •2.1• as slid )Ares., is
describ:d in that ecdain IAT I..INE ADJUS1TILN I' NO, 1.I.A 03 -01, lilelt for ieeord on April 15, 2003
I)no rwent No 200300(1113t45 5, a)nar;C Cr.11tty Itccnrsli:
'I hence ,tlmw Issr c :id southea lcrly line the foll.lx Mg three (i) courses
I. Soult110''39'15" West, I87.S t feet:
2. North 1S°±6117" West. 230.•16 fcc ;
1. :iouill 1(1`39'15" feel. :, :26.35 t'cl;
fltcn,,•e lcavire said soothemlerly fine, N601119°213'15" Rrerd, :60.03 feel to said northwesterly lineal
said I':1RCIII, I- lie'_;
Then :c along l.:4 said northwesterly line ;be Inllnv :iog three (3) courses:
I. North 4097 *19- Pao, 37'32 feat;
2. North 19'22'11" West, 5111) feet:
1, North East. 2:X.42. feel to the 'I RUE I'Cllld EOE Illi(i1NNIN(.i.
Pam: I of 2
( 'oat ati :act of or 5.987 avivii 1111.11c or
a pi:ri ion lir A ,..SCW01:4 la/td Nil Itlhei
As slims 1" ail:whet] herein and made u [m liertrif,
BM'
1.1):
Davis .1 6.1:68
icrose 09-311-2014
Date: 4— 4,0'3
I.. Nta 1'2 IY All 1'1.314 Sv.:1•0`..a. I IWEY 11AIN 1.6 N
Page 2 of 2
WILL
u
1--
L
0
iJ
f l 4 0'37':57" r _376.02'
11 90:3'39"
T.P.•J.D. ,
S 10'37'35' V!
200.42' . J 344.26'
.1,
'-.'•I •75'22'21" 5.00' /�
54'32'4& i 37.19'/
CITY OF TUSTIN
APN: 430- 283-18
LAND EXCHANGE AREA NO. 2
260,773 sq.tt.±
5.987 acresi
(IOC. NO. 20020404595
4Cr!,,115" 'R •26.3
SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
APN:430- 283 -16
LEG €r'r,
P.O.C. ;•01■T Or COMMENCEMENT
T.P.O a. TRUE PCUIT OF EECNNg4C
i;:\70.1.112 \I72011-3.1.S PLA1 1 AND 7W,.P 2.I111T:
•
A.1'+. A
PARCEL 1 -E -2
'DAVIS T
PARCEL 1 -E -1
S 4130'15i• W 187,58'
I'.O. %
SOUTHEASTERLY LIIIE or
x • Lot LINO ADJUSTMENT 03 -UI
>e c _�: .
t40. 2003000418455
PLA 1 10 ACCOMPANY LEGAL 1)E5CRIPTION
ru tae IFaeTVOeu 'Pusan
1300 .SOUTH MAIN SIREEI
SUITE 920
ORV {CE, CA P.23:56
714-415-U;)00
719 - 415 -0399 (FAX)
Subject 'SCHEDULE I
LANG; EXCHANGE AREA 7," - - --
Job No 201220°6.1i
oy I)l _._._. Dote 4/19/13 Cllkd.jVS
SHEET - 1 OF 1
with"
LEGAL DENLRIPTffN you AREA NO. h
Tustin, CA
Portion of AI'N: 4311.281.19
April 19, 2011
RKE Nn. 2.01220116 -13
Pug: I Or I
Real prolrcrly siurated ID the City of Tustin, County ur ( )ranee, Slate ol'U Silirrnhi, described Its hallows:
Hein;' a portion of !'ARCkl. I -E- :ua1 I'ARCIJ, I -1 -2 as said parcels are Jeselilted in dun ecrtais;
Jocuinoul entitled "QL)ITCI Alh4 llfiliD E AND EN 1'1R1)N31EN'I'AI. RESTRICTION PURSUANT T )
C'IVII CODE SNC'PIO■ 1171" tiled for record on May 14, 2002 in Doe. Mo. 200204(14505. Recruits ur
C)lant'.e County. more lnrticIIIarly descrihed as I'olktu s:
Co\1bICN'C1 Nri al d:e'lisps: not cherry comer ors t tl I';1RCIi 1. I -l:•?
'I hence along the nartheatuotly lint of said PARC1 ?I. I -F -2 and :aid I'ARCNI. 1 41-1. South 49'0(100"
lia:.l 199 02 reel in soulheasledy line of I -E-11, Its said puree) is drsaih :din 11101 certain I Ur l.INf:
Al),IliST1.1P.N r NO 1_I.A 022.01, tiled rot Ic wjd nn April l5, 300)? in Document Nu. 2(01301)0413435,
Or.m ze Cnnmy I:ea;(Js;
111ence N. ;vim, :014 atuthe;, awns. lint :mot along sniti ::rut tcu iialr line, St nut ' :1'.:79:.. We-n.213.55 tax;
'I hems: Ic' :n'ing Lisa said lino ;North . 0'4;. °31" we;tt. 3810.01! fro:
..l l;ui , North 40'2221“ Wcsl. 212.2') feet:
Thence North 03945'113:' West, a %.f4 feel to the unrdorts ref ty line a slid PAkept..
Thence along said u.vihn'cskrly line, Nt' ih 40`37'39" East, 19748 leer to 1ha 1'131N For it E'(1;NNIN(i.
Contain an aril or 171.443 syoare ket ur 3.1113 acres' me or Tess.
1 1 e i 1 1 4 a }nation ur Asses:tarrs Parcel Number 430- -2S3- I S
. As shoot. on °lahrdldc 1" :dlnehed hereto and ntaic n part hcreuf.
For: HGF Mutineer:,
Ilya
Davis Thresh, i'. l.S. Nu, 610,3
license expires: 00.30.21)11
I ):tie:
4 - rq-- zd t3
IS "Su act I:Ob I t AG 1'I :n. :14,.v; Wag:- 111 \t 1.11.t'.I111,%1 i'I MCI) l''.Sk ilANtil',: :Ire
I'n,to I of
CITY OF TUSTIN
APN: 430 - 283 -18
00C. NO. 20020404595
PARCEL 1 -E -2
LEGEND
P.O.B. POINT OF BEGINNING
PARCEL 1 -E•1
N
iv
U,
RIM Gal 6dMIF;7"a
M 40137'39" E 197.08'
03'45'03" N'
SFt.Oi
LANG) EXCHANGE
AREA NO. 6
131,443 sq. lit
3.018 acres
S 4039'15- W 213.551
I
SG11 !EWASIEHI. Y L'.NE OF 1- E -2.1i/
LOT LINE ADJUSTVENT 03 -01
PLC. NO. 200.5000418455
\:;4812 \12 ?U0■; -13 FLATS \ft. o :iMN' (i,uY:r
Itl
p
SOUTH ORANGE
COUNTY
COMMUNITY COLLEGE
DISTRICT
APN: 430 - 283 -16
ar
PLAT 'EC ACCOMPANY LEGAL DESCRIPTION
�BECF
E Mita: 1 UMW ?mum
000 SOUTH MAIN S[HCV
SUITE 920
()RANGE, CA 42008
714-415-0500
714 -415 -0599 (FAX)
Subject _SD HCOIJLE
LAND EY.CDAN>E AREA ti
Job No 20124066 -13
By R1 Dote 4/19/13 Cl kd.WS
SIIcE7 _._. 1 OF I..._.__._