HomeMy WebLinkAbout12 QUITCLAIM 01-05-99.AGENDA
DATE'
JANUARY 5, 1999
Inter-Com
NO. 12
1-5-99
TO:
FROM-
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
QUITCLAIM OF CONSTRUCTION EASEMENT AND PORTIONS OF THE SLOPE
MAINTENANCE EASEMENT ALONG JAMBOREE ROAD
SUMMARY
A construction easement dated October 31, 1988 and a slope maintenance easement dated February 16, 1994 were
granted to the City of Tustin by The Irvine Company for improvements on Jamboree Road. Portions of these
easements are on parcels now owned by the Transportation Corridor Agency (TCA). The TCA is requesting that
the City of Tustin release its rights to the entire construction easement of 1988 and to portions of the slope
maintenance easement of 1994 to facilitate the transfer of this property to the California Department of
Transportation. This property will then be maintained by the Department of Transportation as a part of the Eastern
Transportation Corridor fight-of-way.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor and City Clerk to execute the attached quitclaim
deeds identified as follows: .
.
The temporary construction easement for the construction of Jamboree Road along the easterly side from
approximately 2800 feet northerly of Tustin Ranch Road to approximately 1800 feet northerly of the City
of Tustin/City of Orange boundary (Attachment A); and
.
Portions of the slope maintenance easement along the easterly side of Jamboree Road fi'om approximately
1500 feet northerly of Patriot Way to the northerly city limits (Attachment B).
FISCAL IMPACT
There will be no fiscal impact associated with the quitclaim of the construction easement.
The quitclaim of portions of the slope maintenance easement would result in an initial savings of between $1,000 -
$2,000 in annual slope maintenance costs, which are funded by the Tustin Landscape and Lighting District.
BACKGROUND
On October 31, 1988 The Irvine Company granted a temporary construction easement to the City of Tustin for the
construction of Jamboree Road from approximately 2800 feet northerly of Tustin Ranch Road to approximately
1800 feet northerly of the City limits. The terms of the easement required that a release of Tustin's fights be
recorded after completion and acceptance of the improvements. The temporary construction easement area is on
· parcels now owned by the TCA for the construction of the west leg of the Eastern Transportation Corridor. Now
that the Jamboree Road project has been completed and accepted, the TCA is requesting that the City of Tustin
release its rights to the easement by executing the attached quitclaim deed (Attachment A).
Quitclaim of Construction Easement and Portions of the Slope Maintenance Easement along Jamboree Road
January 5, 1999
Page 2
An additional easement for slope maintenance purposes along the easterly side of Jamboree Road 15om
approximately Tustin Ranch Road to the northerly City limits was granted to the City of Tustin by The Irvine
Company on February 16, 1994. Portions of this easement are on parcels now owned by the TCA. The TCA is
requesting that the City of Tustin release rights to the portions of the easement owned by them by executing the
attached quitclaim deed (Attachment B).
The timely execution of these two quitclaim deeds has become increasingly crucial as construction nears
completion on the west leg of the Eastern Transportation Corridor. The TCA wishes to Complete preparation of
the right-of-way maps and title reports for Caltrans acceptance and cannot do so while the construction and slope
easements are in place.
Director of Public Works/City Engineer
TDS:JO:ccg:quitclaim of const easement Jamboree Rd.
Attachments:
Exhibit 1 Location Map
Attachment "A" Construction Easement Quitclaim Deed
Attachment "B" Slope Easement Quitclaim Deed
Associate Civil Engineer
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TuSTIN RANCH
ROAD
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WHEN RECORDED, MAIL TO:
Foothill/Eastern Transportation Corridor Agency
201 E. Sandpointe, Suite 200
Santa Ana, CA 92707
Attention: Kathy Besnard
APN: 105-011-48 (Pm)
(Space above this line for Recorder's use only)
THE UNDERSIGNED DECLARES:
This document is recorded at the request of and for the benefit of the Foothill/Eastern Transportation
Corridor Agency, and therefore is exempt from the payment of a recording fee pursuant to California
Government Code Sections 6103 and 27383 and from payment of documentary transfer tax pursuant to
California Revenue and Taxation Code Section 1'1922. -
QUITCLAE~! DEED
(Ref: Parcel 300256-12,-13,-14, 300257-8,-9,-24,-29)
FOR VALUABLE CONSIDERATION, the receipt of which is hereby ac 'knowledged,
The CITY OF TUSTIN, a California municipal corporation, ("Tustin"), hereby
REMISES, RELEASES AND QUITCLAIMS to the
FOOTHILL / EASTERN TRANSPORTATION CORRIDOR AGENCY, a joint powers
agency, its successors and assigns ("Agency") all right, title and interest in and to the real
property situated in the County of Orange, State of California, being described as:
Those certain easement rights described in the document recorded October 31,
1988 as Instrument Number 88-558723, in the Office of the County RecOrder of said County,
as also described in Exhibit "A" and shown on Exhibit "B", both attached hereto and by this
reference made a part hereof.
Tustin further understands that the present intention of Agency is to construct and
maintain a State highWay on portions of the property hereby quitclaimed and Tustin, for itself,
its successors and assigns, hereby waives, releases and relinquishes to Agency any and all
abutter's rights of access (in and to said highway) appurtenant to Tustin's real property and/or
interests in such real property (if any).
IN WITNESS WHEREOF, this instrument has been executed on
,1999.
QC-'Marine Way" Secl 6'
ATTACHMENT
THE CITY OF TUSTIN, a California
municipal cOrporation
By:
Name:
Title:
ATTEST:
Name:
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
· before me, the undersigned, 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.
(SEAL)
QC-=Marine Way' Sec. 6 .'
NOTARY PUBLIC
ATTACHMENT
"All
CERTIFICATE OF ACCEPTANCE
This is to clrtify that the interest in real property conveyed by the within Deed to the
Foothill/Eastern Transportation Corridor Agency, a joint powers agency, is hereby accepted
by the undersigned officer on behalf of the Board of Directors of the Agency, pursuant to
authority conferred by Resolution of said Board of Directors adopted on
May 14, 1992, and the Agency consents to recordation thereof by its duly authorized officer.
FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY,
a joint powers agency
Dated:
By:
William Woollen, Jr.
Chief Executive Officer
QC-~Marine Way~ Sec. 6"
ATTACHMENT
.All
SILVERADO CONSTRUCTORS
22 Executive Park, Suite 200
Irvine, California 92614
EXHIBIT "A"
LEGAL DESCRIPTION
Revised December 15, 1998
October 15, 1998
JN 31420-435
Page 1 of 1
EASTERN TRANSPORTATION CORRIDOR
CITY OF TUSTIN
PARTIAL QUITCLAIM OF
INST. NO. 88-558723, O. R.
TO THE TRANSPORTATION CORRIDOR AGENCY
(JAMBOREE ROAD CONSTRUCTION EASEMENT)
That certain parcel of land situated partially in the City of Tustin, partially
in the City of Orange and partially in the unincorporated territory of the County
of Orange, State of California, being that portion of that certain-easement'
described in the Construction Easement Agreement to the City of Tustin recorded
October 31, 1988 as Instrument No. 88-558723 of Official Records, included within
Parcels 300256-12, 300256-13, 300256-14, 300257-8, 300257-9, 300257-24 and
300257-29 as described in the Amended and Restated Grant Deed to the
Foothill/Eastern Transportation Corridor Agency, recorded October 14, 1998 as
Instrument No. 1998_0694409 of Official Records, both in the Office of the County
Recorder of said Orange County.
EXHIBIT "'B" attached and by this reference made a part hereof.
Kevin D. McHugh Jr., P.L.S. 6310
ATTACHMENT
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TU£TIAI HAt/CH
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CITY OF %. ~ /.COUNTY
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EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EASTERN TRANSPORTATION CORRIBOR
PARTIAL QUITCLAIM OF
INST. NO. 88-558725,O.R.
TO THE TRANSPORTATION CORRIDOR AOENCY
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E'LY LINE EXISTIN0
,CONSTRUCTION EASMENT PER
INST. NO. 88-558725, O.R.
BLOC}< 57
IRVINE'S SUBDIVISION
iVl, R., M., !188
"ATTACHMENT "A"
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'SHEET INDEX
REVISED DECEMBER 15. 1998
CONSTRUCTORS
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SHEET 1 OF 4 SHEETS
OCTOBER 15. 1998 JN 3i42~-
o' 4ocr 800'
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~////,~ PORTION TO BE
. OUITCLAIMED
EX ISTINO CONSTRUCTION EASEMENT
TO THE CITY OF TUSTIN PER
I NST. NQ. 88-558723, O. R.
SEE
PCL., 30025,5-
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-:'-,, 0 ~; O., R.,
E'L.Y LINE
EXIST CONST.
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LEGAL DESCRIPTION FOR " C O N S T R U C T O R S
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EASTERN TRANSPORTAT I ON CORR I DOR ,,"' '," ,~" ~' '~ ~ ~',.,,,. ,,~,~"~, ';
PARTIAL OUITCLAIM OF
,~ST. NO. 88-SS87~,0.~. SHEET 2 OF 4 SHEET8
TO THE TRANSPORTAT ION CORR I DOR AGENCY REV SED DECEMBER 15, 1998 OCTOBER 15. 1998 JN
40O
200'
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PORTION TO
OUITCLAIMED
----.'.'.'.-.-.-..._
PDL, 300267-24
1558069440~;0,R,
EXISTING CONSTRUCTION EASEMENT
TO THE CITY OF TUSTIN PER
INST. NO. 88-558723,0. R.
INST,NO,
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EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EASTERN TRANSPORTATION CORRIOOR SEE
PARTIAL OUITCLAIM OF
INST. NO. 88-558723,0. R,
TO THE TRANSPORTATION CORRIDOR AGENCY
SHEET 2
~EE
HEET 4
POL, ~00257-29
INST~ NO,
'LY LINE
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-
~TACHMENT "A"
CONSTRUCTORS
SHEET 3 OF 4 SHE.ETS
REV I SE DECEMBER 15. 1998 OCTOBER 15. 1998 JN 3 1420
..
O' 400' ',.
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800·
PORTION TO BE
0Ul TCLA I MED
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C}.<;' J5
,~ Id ,--') ,.-,.
~DJ VJoJ
.PCL, 300257-9
.l NST, NO,
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EXISTING CONSTRUCTION EASEMENT
TO THE CITY OF TUSTIN PER
INST. NO. 88-558723, O.R.
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CITY OF.
ORANGE
CITY OF
TU5 T I N
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EASTERN TRANSPORTATION CORRIDOR
PARTIAL OUITCLAIM OF SEE. SHEET
INST, NO. 88-558723,.0. R,
TO THE TRANSPORTATION CORRIDOR AGENCY
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CONSTRUCTORS'
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SHEET 4 OF 4 SHEETS
REVISED DECEMBER 15. 1998 OCTOBER 15. 1998 JN 31420~
WHEN RECORDED, MAIL TO:
Foothill/Eastern Transportation Corridor AgenCy
201 E. Sandpointe, Suite 200
Santa Aha, CA 92707
Attention: Kathy Besnard
(Space above this line for Recorder's use only)
THE UNDERSIGNED DECLARES:
This document is recorded at the request of and for t~e benefit of the Foothill/Eastern Transportation
Corridor Agency, and therefore is exempt from the payment of a recording fee pursuant to Californ.ia
Government Code Sections 6103 and 27383 and from payment of documentary transfer tax pursuant to
California Revenue and Taxation Code Section 11922.
QUITCLAEM DEED
(Ref: Parcel 300257-29)
FOR VALUABLE CONSIDERATION, the rec'eipt of which is hereby acknowledged,
The CITY OF TUSTIN, a California municipal corporation, ("City"), hereby
REMISES, RELEASES AND QUITCLAIMS to the
FOOTHILL / EASTERN TRANSPORTATION CORRIDOR AGENCY, a joint powers
agency, its successors and assigns ("Agency") all right, title and interest in and to the real
property situated in the City of Tustin, County of Orange, State of California, described on
Exhibit A and shown on Exhibit B, both attached hereto and by this reference made a part
hereof.
City further understands that the present intention of Agency is to construct and
maintain a State highway on portions of the property hereby quitclaimed and City, for itself,
its successors and assigns, hereby waives, releases and relinquishes to Agency any and all
abutter's rights of access (in and to said highway) appurtenant to City's real property and/or
interests in such real property (if any).
IN WITNESS WHEREOF, this instrument has been executed on
,1999.
QC-TustinlSec. 15-7/29/98 .
ATTACHMENT
· THE CITY OF TUSTIN, a California
municipal corporation
By:
Name:
Title:
ATTEST:
Bv'
Name:
City. Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)
)'
On
, before me, the undersigned, 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(les), 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.
(SEAL) NOTARY PUBLIC
QC-Tustin/Sec. 15-7/29/98. ·
ATTACHMENT
tl Bii
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within Deed to the
Foothill/Eastern Transportation Corridor Agency, a joint powers agency, is hereby accepted
by the undersigned officer on behalf Of the BOard of Directors of the Agency, pursuant to
authority conferred by Resolution of said Board of Directors adopted on May 14, 1992, and
the Agency consents to recordation thereof by its duly authorized officer.
FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY,
a joint powers agency.
Dated:
By:
William Woollen, Jr.
Chief Executive Officer
QC-Tustin/Sec. 15-7/29/98 '
ATTACHMENT
nBll
SILVERADO CONSTRUCTORS
22 Executive Park, Suite 200
Irvine, California 92614
EXHIBIT "A"
LEGAL DESCRIPTION
Revised December 15, 1998
October 15, lg98
JN 31420-324
Page I of 1
EASTERN TRANSPORTATION CORRIDOR
CITY OF TUSTIN
PARTIAL QUITCLAIM OF
INST. NO. 94-0119220, O. R.
TO THE TRANSPORTATION CORRIDOR AGENCY
(JAMBOREE ROAD SLOPE EASEMENT)
That certain parcel of land situated partially in the City of Tustin and
partially in the unincorporated territory of the County .of Orange, State of
California, being that portion of that certain easement described in the Slope
Easement Deed to the City of Tustin recorded February 16, 1994 as Instrument No.
94-0119220 of Official Records, included within Parcel 300256-12 and Parcel
300257-29 as described in the Amended and Restated Grant Deed to the
Foothill/Eastern Transportation Corridor Agency, recorded October 14, 1998 as
Instrument No. 19980694409 of Official Records, both in the Office of the County
Recorder of said orange County.
EXHIBIT "B" attached and by this reference made a part hereof.
Kevin D. McHug ,~
, P.L.S. 6310
ATTACHMENT
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E'Ly LINE EX/STING
SLOPE E~E~ENT
(TYPJ
OF
TUST I N RANCH
ROAD
t 5HEE T ' INDEX
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'SHEET 1 ~OF' 3 5HEET$
REviSED OECEUBER 15, t998 OCTOBER tS. t998 JN 3~4~.
T~/£T/N /~,~NCH
E'XHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EASTERN TRANSPORTATION CORRIDOR
CITY OF TUSTIN
PARTIAL OUITC~AIM OF
INST. NO, 94-OII9220, O.R,
TO TRANSPORTATION CORRIDOR AGENCY
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3OO'
60(7
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SEE SHEET
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JRVJNE'S 3UBDJ VJSIDN
EXISTING SLOPE EASEMENT TO
THE CITY OF TUSTIN PER
INST. NO. 94-OII9220, O.R.
(PORTION TO BE OUITCLAIMED)
PCL,300256-IA
IN$-F,NO,
I998069&~Og;D,R,
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR /
EASTERN TRANSPORTATION CORRIDOR
CITY OF TUSTIN
PARTIAL OUITCLAIM OF
INST. NO. 94-O119220,0. R.
TO TRANSPORTATION CORRDOR AGENCY
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E'LY LINE
EXISTING SLOPE
EASEMENT
MENT "B"
CONSTRUCTORS
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SHEET 2. OF 3 SHE'ETS
REVISED DECEMBER 15. 1998 OCTOBER 15, I998 JN 31zl20~'.
O!
300'
CITY OF ORANGE
........
CITY OF TUSTI,N
EXISTING SLOPE EASEMENT TO
THE CITY OF TUSTIN PER
INST. NO. 94-O'II9220, O.R
(PORTION TO BE OUITCLAIMEDi
, INS-F.ND,~.,,
i~BO~440~;O,R,I '
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JYJ~ Fi~ ]VJ. J/88
Il' E'LY
EXISTING SLOPE EASEMENT TO
THE CITY OF TUSTIN PER
INST. NO. 94-OII9220, O.R.
(PORTION TO BE OUITCLAIMED)
EXHIBIT "B II
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EASTERN TRANSPORTATION CORRIDOR
CITY OF TUSTIN
PARTIAL' OUITCLAIM OF
INST.NO.94-OI 19220, O.R.
TO TRANSPORTATION CORRIDOR AGENCY
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--EXISTING SLOPE
EASEMENT /
SEE SHEET 2 ~Cv,SEO o~cE~e~ ~s.,~
CONSTRUCTORS
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SHEET 3 OF 3 SHEETS
OCTOBER 15. 1998 JN 3 I