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HomeMy WebLinkAbout10 TT NO. 15707 01-19-99DATE: JANUARY 19, 1999 lnter-Com NO. 10 1-19-99 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION QUITCLAIM OF PORTION OF THE SIXTH STREET CUL-DE-SAC ADJACENT TO TENTATIVE TRACT NO. 15707 SUMMARY On September 4, 1979 the City of Tustin entered into an agreement for the purchase/sale of certain parcels of land for the easterly extension of Sixth Street to Newport Avenue. It has recently been brought to the City's attention that the appropriate documentation was not recorded in 1979. Execution and recordation of the attached Quitclaim Deed will complete the transaction pursuant to the 1979 agreement. RECOMMENDATION ' * It is recommended that the City Council authorize the Mayor and City Clerk to execute the attached Quitclaim Deed on behalf of the City. FISCAL IMPACT There will be no fiscal impact associated with the execution and recordation of the Quitclaim Deed. BACKGROUND On September 4, 1979 the City of Tustin entered into an agreement with the Balmer's and Ford's for the purchase/sale of certain parcels of land for the easterly extension of Sixth Street to Newport Avenue. Warrnington Homes is currently processing Tentative Tract No. 15707 which encompasses the Balmer/Ford property and through the map preparation process, it has been discovered that the excess property was not deeded to the adjacent property owners pursuant to the 1979 agreement. Warmin~on Homes has requested that the City quitclaim the excess property pursuant to the 1979 agreement so their development can proceed. The City Attorney has reviewed this request and concluded that conveyance of the excess property by a quitclaim deed is appropriate. Tim D. Serlet Director of Public Works/City Engineer TDS:JO:klb/CITY COUNCIL:Quitclaim Balmer Ford Property Attachments Associate Civil Engineer Z II X I -IV3~I 0N1~¥3 -13 ~3 ZC~ 0 O0 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Nam~ C~y & State Zip Title Order No. Escmw No. T 360 LEGAL (1-94) SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ [] ~ unincorporated area [] City of Parcel No. [] computed on full value of property conveyed, or' [] computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Tustin, a municipal corporation, hereby RENflSE, RELEASE AND FOREVER QUITCLAIM to Charles W. Ford and Patricia H. Ford, husband and wife as community property. the following described real property in the City of Tustin county of Orange , state of California: Ail as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a.part hereof by this reference. Dated STATE OF CALIFORNIA COUNTY OF } S.S. On before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved.to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature (This area for official notorial seal) MAIL TAX STATEMENT~ TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Street Address City & State EXHIBIT 'A' PARCEL 1 That portion of Lot "A" of the South Tustin Tract, in the City of Tustin, County of Orange, State of California, as shown on a map recorded in Book 1, Page 99 of Miscellaneous Maps, records of Orange County, described as follows: Beginning at a point in the centerline of Sixth Street, distant North 89°48'00'' East, 617.20 feet from the centerline intersection of said Sixth Street and El Camino Real '(formerly "D" Street) as said intersection is shown on a map recorded in Book 14, Page 12 of Records of Survey of said County; thence, South 89048'00'' West, along said centerline, 71.55 feet; thence, South 0°12'00'' East, 30.00 feet to the True Point of Beginning, said point also being the beginning of a nontangent curve, concave southwesterly and having a radius of 88.00 feet and to which point a radial line of said curve bears North 0°12'00'' West; thence, southeasterly along said curve, 47.97 feet through a central angle of 31°13'56" to a point of reverse curve, concave northerly and having a radius of 50.00 feet; thence, southeasterly, easterly, and northeasterly along said curve, 74.87 feet through a central angle of 85°48'01'' to a point of cusp with a curve concave northerly, having a radius of 300.00 feet, a radial line of said curve to said point bears South 4°54'35'' East; thence, westerly along said curve, 24.66 feet through a central angle of 4°42°35"; thence, South 89°48'00'' West, 87.66 feet to the True Point of Beginning. PARCEL 2 That portion of Lot "A" of the South Tustin Tract, in the City of Tustin, County of Orange, State of California, as shown on a map recorded in Book 1, Page 99 of Miscellaneous Maps, records of Orange County, and described in a Deed to C. Lewis Proctor and O. R. Proctor as Parcel 3, recorded December 28, 1967 in Book 8477, page 746 of Official Records of said County and State, described as follows: Beginning at the southwest corner of said Parcel 3, said Point of Beginning also being shown on a map recorded in Book 14, Page 12 of Records of Survey of said County, said point being South 89048'00'' West, 755.10 feet from the centerline intersection of Sixth Street and El Camino Real (formerly "D" Street) along the centerline and the centerline prolongation of said Sixth Street; thence, Page 1 of 2 January 11, 1999 Tustin2b.wpd North 89°48'00" East, 9.25 feet along said centerline prolongation to a point on a nontangent curve, concave southeasterly and having a radius of 240.00 feet, a radial line of said curve to said point bears North 23040'35'' West, said point being the True Point of Beginning; thence, northeasterly along said curve, 20.37 feet through a central angle of 4°51'43'' to a point on the southeasterly line of said Parcel 3 and the northwesterly line of the Southern Pacific Railroad Station grounds, as shown on said Record of Survey filed in Book 14, Page 12 of Records of Survey; thence, nontangent South 39051'30'' West, 9.55 feet along said southeasterly line to a point on the easterly prolongation of said centerline of Sixth Street; thence, South 89°48'00'' West, 12.85 feet'along said centerline prolongation to the True Point of Beginning. Page 2 of 2 January 11, 1999 Tustin2b.wpd .David O. Knell, PLS 5301, Exp. 12-31-99 ~\~. / _j "' = ~ I ~; ~' ~Z..-<<..,:../ ~ s~9'5/'~o'~' T ~/ , ~:::..m/ /9.55, = x,~- ~ z55./o' ARCEL 2 , /~ /.~ 617-2 SIXTH ~1 STREET. · ~ ~1 L -- --- . . . . /, ~".- P. ARCEL.. i. C~ ~ / L:I~'~ · ' ~ x. / . / ~ ~ ; / ~ ~,~ ~oo. oo, ' / / . / / / LEOEND J:.:"...."...J DENOTES AREA TO BE · VACATED BY CITY EXHIBIT "B' Wilhh- WILLDAN ASSOCIATES ENGINEERS ® PLANNERS 12900 CROSSROADS PARKWAY SOUTH SUITE 200 INDUSTRY, CA. 91746-],499 (562) 908-6200 SCALE 1'=40' JDATE JAN II 1999~ DRAWN BY D. BEYERBACH CHECKED BY D. KNELL JNII203 SKETCH LEGAL TO ACCOMPANY DESCR I PT ION