HomeMy WebLinkAbout13 PUR PROP CIP 7118 12-02-02 NO. 13
AGENDA REPORT
MEETING DATE: DECEMBER 2, 2002
TO:
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR
THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT (APN 500-102-02 - PAN PACIFIC RETAIL
PROPERTIES, INC.) (CIP NO. 7118)
SUMMARY
The proposed Agreement to Purchase Real Property will begin the final process for the City to
acquire the needed right-of-way at 1078-1222 Irvine Boulevard (APN 500-102-02) to construct the
Irvine Boulevard and Newport Avenue Intersection Enhancement Project, (CIP No. 7118).
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Adopt Resolution 02-104 finding that the acquisition of a portion of Assessor's Parcel No. 500-
102-02 was considered in the final environmental determination for the Irvine Boulevard and
Newport Avenue Intersection Enhancement Project (CIP No. 7118) and approving the
Purchase Agreement with Pan Pacific Retail Properties, Inc. (hereinafter "seller").
2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Pan Pacific Retail
Properties, Inc. on behalf of the City.
FISCAL IMPACT
The City's Capital Improvement Program (CIP) budget for FY 2002-2003 appropriates funds for
right-of-way acquisition for this project. The FY 2002-2003 budget for right-of-way acquisition is
comprised of Measure "M" Competitive funds, Measure "M" Turnback funds, Tustin-Santa Ana
Improvement Authority funds and Proposition 111 Gas Tax funds. Approval of the Purchase
Agreement will authorize an expenditure of $101,902 for right-of-way acquisition. Escrow and title
fees will be an additional cost. These costs are estimated at $1,500.
BACKGROUND
The Irvine Boulevard and Newport Avenue Intersection Enhancement Project proposes to widen
the intersection of Irvine Boulevard and Newport Avenue and both arterials beyond the
intersection. The limits of the widening on Irvine Boulevard are from the west side of Holt Avenue
to 100 feet east of Elizabeth Way and on Newport Avenue from First Street to Wass Street. On
Irvine Boulevard, the improvements will include three through lanes in each direction with double
left turn lanes in each direction at Newport Avenue. On Newport Avenue the improvements will
include three through lanes in each direction between Holt Avenue and the north side of Old Irvine
Boulevard. Double left turn lanes will be provided for southbound Newport Avenue at Old Irvine
Boulevard and for northbound Newport Avenue at Holt Avenue.
Approval of an Agreement to Purchase Real Property for the Irvine Boulevard and Newport
Avenue Intersection Enhancement Project
December 2, 2002
Page 2
In order to construct the improvements, right-of-way is required from fourteen (14) properties in
the form of acquisitions and/or Temporary Construction Easements (TCE). For the subject parcel,
acquisition and a TCE are required.
The cost for acquisition and obtaining the TCE for the parcel owned by Pan Pacific Retail
Properties, Inc. is as follows:
Acquisition Cost
TCE Cost
Total Cost
$101,902.00
$ 6,019.00
$107,921..00
The owner of parcel 500-102-02, Pan Pacific Retail Properties, Inc., has signed the Purchase
Agreement for the right-of-way acquisition required at 1078-1222 Irvine Boulevard. The owner
has also signed the required TCE for APN 500-102-02. The TCE will be accepted immediately
preceding the construction phase of the project.
Staff will be submitting the other Purchase Agreements for approval by the City Council when they
are signed by the corresponding property owner.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan ' ~
Engineering Services Manager
TDS:DRK:ccg:Agmt to purchase prop Irvine & Newport & Reso. 02-104.doc
Attachments: Resolution 02-104
Purchase Agreement
Location Map
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RESOLUTION NO. 02-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF
ASSESSOR'S PARCEL NO. 500-102-02 WAS CONSIDERED IN THE FINAL
ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND
NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO.
7118) AND APPROVING THE PURCHASE AGREEMENT
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the acquisition of a portion of Assessor's Parcel No. 500-102-02 is
needed for public use, namely to be utilized for the Irvine Boulevard and Newport
Avenue Intersection Enhancement Project ("Enhancement Project") within the City of
Tustin; and
WHEREAS, on November 1, 1999, the Tustin City Council certified that the Final
Mitigated Negative Declaration as adequately addressing the environmental effects of
the Enhancement Project; and
WHEREAS, the acquisition of property, including a portion of Assessor's Parcel
No. 500-102-02 was considered in the Final Mitigated Negative Declaration; and
WHEREAS, State law authorizes the City to acquire the property for the above
stated purpose; and
WHEREAS, the owner of Assessor's Parcel No. 500-102-02 has executed the
Purchase Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Tustin,
as follows:
1. ENVIRONMENTAL FINDING
The City Council of the City.of Tustin finds that the effects of the proposed
acquisition were considered in the Final Mitigated Negative Declaration and
that no additional environmental review is required.
2. PUBLIC USE
The public use to which a portion of Assessor's Parcel No. 500-102-02 is
needed is for the widening of an existing roadway, to wit, Irvine Boulevard
and Newport Avenue within the City of Tustin.
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Resolution No. 02-104
December 2, 2002
Page 2
,
DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO BE
ACQUIRED
The property to be acquired is described as a portion of Assessor's Parcel
No. 500-102-02, its address being 1078-1222 Irvine Boulevard and more
particularly described in Exhibit A, Legal Description of Property attached
and incorporated herein by reference. The Purchase Agreement is attached
as Exhibit 1.
4. STATUTORY FINDING
The City Council makes the following additional findings:
ao
The public interest and necessity
Boulevard and Newport Avenue to
within the City of Tustin.
require the widening of Irvine
accommodate additional traffic
b. The proposed project is planned and located in a manner that will be
most compatible with the public good and the least private injury.
c. The property described above is necessary for the proposed road
widening of Irvine Boulevard and Newport Avenue.
d. An offer of purchase of the property has been made to the owner of the
property pursuant to Government Code Section 7267.
5. AUTHORIZATION
o
The Purchase Agreement is hereby approved and the City Manager and
City Attorney are authorized and directed to perform all acts necessary on
behalf of the City for the acquisition of said property.
EXPENDITURE OF FUNDS
The City Manager is hereby authorized to expend funds available to the City
for the acquisition of real property described herein.
7. RECORDING
The City Clerk is hereby authorized and directed to record a certified copy of
this resolution at the Office of the County Recorder, County of Orange.
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Resolution No. 02-104
December 2, 2002
Page 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of December 2002.
Jeffery M. Thomas, Mayor
ATTEST:
City Clerk
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF TUSTIN )
RESOLUTION NO. 02-104
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02-
104 was adopted at a regular meeting of the City Council held on. the 2nd day of
December, 2002, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
AGREEMENT TO PURCHASE REAL PROPERTY
1078-1222 IRVINE BOULEVARD, CALIFORNIA
THIS AGREEMENT is entered into this day of ,20. ,
by and among the City of Tustin, a municipal corporation (hereinafter "City"), and
PAN PACIFIC RETAIL PROPERTIES, INC., a Maryland corporation (hereinafter
"Seller").
RECITALS
1. Seller owns improved real property at 1078-1222 Irvine Boulevard, Tustin,
California, which is shown on Exhibit "A" (hereinafter referred to as the "Property").
Exhibit "A" is attached hereto and is incorporated herein by this reference.
,
purpose.
The City desires to acquire the Property for a potential, future public
3. The Seller desires to sell the Property to the City.
NOW, THEREFORE, in view of the above-recitals and mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
Section 1. Sale/Purchase of Property
On the terms and conditions set forth herein, Seller agrees to sell the Property to
City and City agrees to purchase the Property from Seller. The total purchase price,
payable in cash through escrow, shall be One Hundred One Thousand, Nine Hundred
Two and No/100 Dollars ($101,902.00). In exchange for receipt of this amount, Seller
releases City of any and all claims by Seller under the United States Constitution
Amendments 5 and 14, and for any and all claims under state law, including but not
limited to claims for relocation benefits and loss of goodwill.
Section 2. Timeframe for Completion of Obligations/Escrow
This sale shall be consummated through an escrow. As soon as possible after
this Agreement is executed, City agrees to open an escrow in accordance with this
Agreement at First American Title Insurance Company ("Escrow Holder") ("Open
Escrow"), 2 First American Way, Santa Ana, California, Attention: Robert Benavente
("Escrow Officer"). This Agreement, along with Exhibits "A," "B," and "C'.' attached
hereto, constitutes the joint escrow instructions of City and Seller to the Escrow Holder,
which may be supplemented by escrow holders form agreement. As soon as possible
after opening of escrow, Seller shall execute the grant deed attached hereto'as Exhibit
"C" and incorporated herein by this reference, and shall deposit the deed with the
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Escrow Officer. Subject to the conditions described in Section 8, City shall deposit into
escrow the sum set forth in Section I above, payable to Seller. The closing date for the
escrow shall be no later than thirty (30) days after opening of escrow, unless such date
is extended by written agreement of the parties. "Close of EsCrow" shall be the date
when the grant deed to the City is recorded. Except as provided in Section 8, City shall
pay escrow and closing costs. City shall also pay the costs of the ALTA title insurance
referenced in Section 8.1.
Section 3. Warranty Against Easements Not of Record
To the current, actual knowledge of Seller, Seller warrants to City that as of-the
date of this Agreement and as of the date of close of escrow, Seller has not granted any
unrecorded easements or licenses on the Property.
Section 4. Warranty of No Governmental Action
To the current, actual knowledge of Seller, Seller warrants that there is not now,
and as of close of escrow, there will not be, any violation of any law, ordinance, rule, or
administrative or judicial order affecting the Property, nor is there any judicial order
affecting the Property, nor is there any condemnation; zoning, change, or other
proceeding or action (including legislative action) pending, threatened, or contemplated
by any governmental body, except City, authority, or agency that will in any way affect
the size or use of, improvements or construction on, or access to the Property by City.
This warranty does not apply to governmental action where notice has not been
provided to Seller.
Section 5. Warranty Against ContraCts Concerning Property
To the current, actual knowledge of Seller, Seller warrants that as of the date of
this Agreement and as of close of escrow, Seller has not entered into any contracts,
leases, licenses, commitments, or undertakings respecting the Property, or for the
performance of services on the Property, or for the Use of the Property or any part of it
or any agreement or contract of-any kind pertaining to the Property by which City would
become obligated or liable to anyone.
Section 6. Warranty Against Violations
To the current, actual knowledge of Seller, Seller warrants and represents that as
'of the date of this Agreement and as of close of escrow, Seller has no notice or
knowledge of any violation of any statute, ordinance, regulation or administrative or
judicial order or holding, whether or not appearing in public recOrds, with respect to the
Property or any improvements on the Property.
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Section 7. EnVironmental Compliance
7.1 Seller warrants and represents that, during the time in which Seller has
owned the Property, neither Seller nor, to the current, actual knowledge of Seller, any
third party, has used, generated, manufactured, produced, stored or disposed of, on,
under, or about the Property or transported to or from the Property any hazardous
materials, including without limitation, flammable materials, explosives, asbestos,
radioactive materials, hazardous wastes, toxic substances, or related injurious
materials, Whether injurious by themselves or in combination with other materials. To
the current, actual knowledge of Seller there is no proceeding or inquiry by any
governmental authority, including without limitation, the California or Federal
Environmental Protection Agency or the California State Department of Toxic Control, or
state or regional water quality board, with respect to the presence of such hazardous
materials on the Property or their migration from or to other property. For purposes of
this Agreement, the term "hazardous materials" shall include but not be limited to
substances defined as "hazardous substance," "hazardous materials," or "toxic
substances" in the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (Title 42 United States Code Sections 9601-9675);
the Hazardous Materials Transportation Act, as amended (Title 49 United States Code
Sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as
amended (Title` 42 United States Code Section 6901-6992k); and any substance
defined as "hazardous waste" in Health and Safety Code Section 25117 or as
"hazardous substance" in Health and Safety Code Section 25316, and in the regulations
adopted and publications promulgated under these laws.
7.2 Seller hereby agrees to indemnify, protect,, hold harmless, and defend
City, its council members, officers, employees, agents, from and against any and all
loss, expense, damage and liability, including without limitation (1) all foreseeable and
unforeseeable consequential damages, directly or indirectly arising from the use,
generation, storage, or disposal of hazardous material ~on' the Property by Seller,
Seller's tenants, or other person using the Property with Seller's actual knowledge or
consent; and (2) the cost of any required or necessary repair, cleanup, or detoxification
and the preparation of any closure or other required plans, regardless of whether such
action is required before or after the close of escrow, but only to the extent that such
liability is attributable, directly or indirectly, to the presence or use, generation, storage,
release, threatened release, or disposal of hazardous materials by Seller, Seller's
tenants, or other person using the Property with Seller's consent or actual knowledge
that occurred while Seller owned the Property. Seller's indemnity shall survive close of
.escrow.
7.3 From .and after Close of Escrow, City agrees to indemnity, protect, hold'
harmless and defend Seller from and against any and all loss, expense, damage and
liability, including without limitation (1) all foreseeable and unforeseeable consequential
damages, directly or indirectly arising from the use, generation, storage, or disposal of
hazardous material on the Property by City; and (2) the cost of any required or
necessary repair, cleanup, or detoxification and the preparation of any closure or other
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required plans, but only to the extent that such liability .is attributable, directly or
indirectly, to the presence or use, generation, storage, release, threatened release, or
disposal of hazardous materials on the Property bY City. City's indemnity shall survive
close of escrow.
Section 8. City's Obligations is Subject to Conditions
City's obligation to perform this Agreement is subject to City's approval of the
condition of title, described in Sections 8.1 and 8.2, City's approval of the condition of
the Property described in Section 8.3 and no breach of representations, as described ~in
Section 8.4.
8.1 First American Title Insurance Company shall be able to issue in favor of
City an ALTA standard owner's policy of title insurance dated as of close of escrow with
liability not less than the purchase price, covering the Property, showing title vested in
City, and showing as exceptions only current general and special real property taxes,
bonds and assessments not yet delinquent, and the exceptions to title that City has
approved.
8.2 Promptly, upon opening of escrow, Escrow Holder shall furnish City with a
title commitment for an ALTA title policy and .legible copies of all documents reported as
exceptions in it ("Title Documents"). City shall notify Seller and Escrow Holder in writing
within ten (10) days after receipt of the title commitment and the Title Documents of
City's disapproval of any exception in those documents. If any supplemental title
commitment, or supplemental Title Documents are submitted, then City shall notify
Seller and Escrow Holder in writing within ten (10) days-after City's receipt of such
items, but not later than the date mutually agreed upon by the parties in writing for the
Close of Escrow, of City's disapproval of any title exception set forth therein.
Failure of City to notify Seller and Escrow Holder in writing of City's disapproval
of any title exceptions shall conclusively be considered as City's approval of same. If
City disapproves any title matter .referred to in this paragraph, then, at City's option, this
Agreement and the escrow shall be canceled, and in such event all funds or other
'things deposited by City Shall be returned to City immediately on demand, and City shall
pay all title company and escrow charges.
8.3 City shall pay for a Property Condition Inspection by a competent
inspector selected by the City. City's obligation to close escrow is contingent upOn City's
approval of the condition of the Property at it's sole discretion.
8.4 If there is a breach of any representation or warranty given by Seller
pursuant to this Agreement that is discovered by City before close of escrow, then City
may nevertheless elect to proceed to close the escrow, in which event City shall be
deemed to have elected to waive such breach, or City may elect to terminate this
Agreement and the escrow, in which event this Agreement shall be canceled. If this
Agreement and the escrow are terminated by City's election under this paragraph, then
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all funds or other things deposited by City, if any, shall be returned to City immediately
on demand, and Seller shall pay all title company and escrow charges.
Section 9. Warranty Against Litigation Concerning the Property
To Seller's current, actual knowledge, as of the date of this Agreement and as of
Close of Escrow, no litigation is or will be pending against Seller regarding the use,
operation, development, condition or improvement of the Property, or regarding any
right, title or interest in the Property.
Section 10. Threat of Condemnation
Seller and City acknowledge that the purchase and sale of the Property has been
negotiated under the threat of condemnation of the Property by the City. In the event of
Seller default, City's ability to perform is prejudiced. Accordingly, in the event the
escrow fails to close by reason of a default by Seller, Seller agrees:
A.
Property.
That the public interest and necessity requires the acquisition of the
B. That the Seller waives any claim to severance damages and goodwill
under any eminent dOmain proceedings commenced at any time hereafter by the City of
Tustin with respect to the Property.
C. That the Seller waives any claim to any relocation assistance in' any
eminent domain proceedings commenced by the City of Tustin with respect to the
Property.
D. Seller acknowledges that in waiving these claims they have not relied on
any representations or statements made or said by City, its agents, attorneys or other
representatives.
Section 11. Attorneys' Fees
If any party files an action or brings any proceeding against the other arising from
this Agreement, or is made a party to any action or proceeding brought by the Escrow
Holder, then as between City and Seller and City, the prevailing party shall be entitled to
recover as an element of its costs of suit, and not as damages, reasonable attorneys'
fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to
recover its costs of suit, whether or not suit, proceeds to final judgment. A party not
entitled to recover its costs shall not recover attorneys'-fees. No sum for attorneys' fees
shall be included in calculating the amount of a judgment for purposes of deciding
whether a party is entitled to its costs or attorneys' fees.
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Section 12. Warranties to Survive Close of Escrow
All warranties, covenants, and other obligations stated in this Agreement shall
survive close of escrow. All warranties, covenants, and other obligations that the City
discovers to be breached before tender of the deed, and that City either expressly
waives or does not object to before such tender, shall not survive tender of the deed.
Section 13. Bindingon Successors.
Except as otherwise provided herein, this Agreement inures to the benefit of, and
is binding on, the parties, their respective heirs, personal representatives, successors,
and assigns.
Section 14. Integration Clause
This Agreement Constitutes the entire agreement among the parties and
supersedes 'all prior discussion, negotiations, and agreements whether oral or written.
Any amendment to this Agreement, including an oral modification supported by new
consideration, must be reduced to writing and signed by all. of the parties before it will
be effective.
Section 15. No Representation Regarding Legal Effect of Document
No representation, warranty, or recommendation is made by Seller or City or
their respective agents, employees, or attorneys regarding the legal sufficiency, legal
effect, or tax consequences of this Agreement or the transaction, and each signatory is
advised to submit this Agreement to his or her respective attorney before signing it.
Section 16. Counterparts
This Agreement may be executed in counterparts, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument.
Section 17. Time is of the Essence
Time is of the essence of this Agreement, and failure to comply with the time
provisions of this Agreement shall be a material breach of this Agreement.
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Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey
City Attorney
SELLER
PAN PACIFIC RETAIL PROPERTIES,
INC,, a Maryland corporation
By~~-~ Je'ffrev S. Sta~
~ Exec~tive Vice president and
Chief Operating Officer .
·
~J'TU/RT A. TANZ
P'I~SIDENT AND
CHIEF EXECUTIVE OFFICER
09/27/02
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EXHIBIT A
Legal Description of Property
O9/27/O2
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~AGMT TO
EXH]:BZ'T' "A"
PARCEL 108-1
THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN THE CiTY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED
IN BOOK i AT PAGE 88 .OF MISCELLANEOUS MAPS IN THE OFFICE OF .THE RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNTNG (P.O.B.) AT A POINT ON THE SOUTHERLY LINE OF PARCEL A AS
DESCRIBED IN AN EASEMENT DEED RECORDED ]ULY 29, 1959 IN BOOK 4817 AT
PAGES 522 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT ALSO
BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, THE -RADIUS OF
WHICH BEARS SOUTH 00°01'21". EAST 1150.00 FEET, SAID CURVE IS 50.00 FEET
SOUTHERLY AND CONCENTRIC WITH THECURVE HAVING A RADIUS OF 1200.00 FEET
IN THE SAID EASEMENT DEED; THENCE EASTERLY ALONG SAID CURVE 300.89 FEET
THROUGH A CENTRAL ANGLE OF 14°59'28'' TO THE NORTHWESTERLY CORNER OF THE
LAND DESCRIBED IN A DOCUMENT RECORDED SEPTEMBER 18, 1987 AS INSTRUMENT
NO. 87-528595 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE BEGINNING OF A
COMPOUND .CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS
SOUTH 14°58'07" WEST 11.83 FEET; THENCE SOUTHERLY ALONG SAID CURVE AND
ALONG THE WESTERLY LINE OF SAID INSTRUMENT NUMBER 87-528595, 18.81 FEET
THROUGH A CENTRAL ANGLE OF 91°07'16'' TO A NONTANGENT CURVE, CONCAVE
SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 15033'50'' WEST 1138.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 1.98 FEET THROUGH A CENTRAL
ANGLE OF 00~05'59" TO A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, THE
RADIUS OF WHICH BEARS 'NORTH 74°37'19'' WEST 41.75 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE 22.76 FEET THROUGH A CENTRAL ANGLE OF
31°13'48"; THENCE NORTH 43°23'31'' WEST 9.10 FEET; THENCE NORTH 15°50'40''
WEST 21.95 FEET TO THE BEGINNING OF A NON-TANGENT CURVE SAID CURVE IS
CONCENTRIC WITH AND 10.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID
PARCEL A, FROM WHICH POINT THE RADIUS OF SAID CURVE BEARS SOUTH 14°23'45''
WEST 1140.00 FEET; THENCE WESTERLY ALONG SAID CURVE 286.88 FEET THROUGH A
CENTRAL ANGLE OF 14°25'06"; THENCE SOUTH 89°58'39" WEST 15.79 FEET TO THE
NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID
NORTHEASTERLY ONE-HALF OF LOT 1; THENCE ALONG SAID NORTHWESTERLY LINE,
NORTH 39055'33'' EAST 13.04 FEET TO A POINT ON SAID SOUTHERLY LINE OF PARCEL
A; THENCE ALONG SAID SOUTHERLY LINE NORTH 89058'39'' EAST 7.41 FEET TO THE
POTNT OF BEGINNING.
CONTA~NTNG 3,57-1 SQUARE FEET = 0.08 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN.ON EXHIBIT .R. A'I-I-ACHED HERETO AND BY REFERENCE. MADE
A PART THEREOF.
EUGENe. SHAFFER, L~S. ~6"~,/
LICENSE EXPIRES SEPTEM~Et~30, 2002
LINE TABLE
LINE BEARING LENGTH
L I (R) N45'25'51"W 9. 10'
L2 N15'50'40"W 21.95'
L5 S89'58'59"W 15. 79'
L 4 N59'55 '55"E 13. 04'
L5 N89'58 '5£ "E 7. 41'
PARCEL 108-1
EXHIBIT "B"
PARCEL 108-1
,
0 30 60 120
GRAPHIC SCALE: 1"=60'
.
AREA SQ. FEET ACRES SQ. METERS
3,563 0.08
ASL Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 200
IRVlNE, CA 92618
~949) 727-7099 FAX:(949) 727-7097
SHEET 1 OF 1
CURVE TABLE
CURVE DEL TA RADIUS LENGTH
C1 91'07'16" I 1.83' ' 18.81'
C2 00.'05 '59" 1138. 00' 1.98'
C5 51' 15'48" 41.75' 22. 76'
PREPARED UNDER THE DIRECTION OF~
LICENSE EXPIRES 09/,.3~/~02
EXHIBIT b
Escrow Instructions
1. Escrow
City and Seller agree to open escrow in accordance with Section 2 of this
Agreement. This Agreement constitutes the joint escrow instructions of City and Seller,
and Escrow Agent to whom these escrow instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts
necessary to close this escrow in the shortest possible time.
As soon as possible after open of escrow, Seller will execute the Grant Deed
attached to this Agreement as Exhibit "C" and deposit the executed deed with Escrow
Agent on City's behalf. City agrees to deposit the purchase price upon demand of
Escrow Agent. City and Seller agree to deposit with Escrow Agent any additional
instruments as may be necessary to complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller will
cancel Seller's own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a
general escrow account(s) and may be transferred to any other such escrow trust
account in any State or National Bank doing' business in the State of California. All
disbursements shall be made by check from such account.
.
Escrow Agent is Authorized and is Instructed to Comply with the Following
Tax Adjustment Procedure:
A,
Pay and charge Seller for any unpaid delinquent taxes and/or penalties
and interest thereon, and for any delinquent or non-delinquent
assessments or bonds against the Property.
B.
In the event this escrow closes between July 1 and November 1, and the
current tax information is not available from title insurer, Escrow Agent is
instructed to withhold from Seller's proceeds an amount equal to 120% of
the prorated amount due based upon the previous fiscal year's second
half tax bill. At such time that the tax information is available, Escrow
Agent shall make a check payable to the County Tax Collector for Seller's
prorated portion of taxes and forward same to the City and shall refund
any difference to the Seller. In the event the amount withheld is not
sufficient to pay Seller's prorated portion of taxes due, the Seller herein
agrees to immediately pay the difference.
09/27/02
9
~,GMT TO
In the event said tax information is available, Seller's taxes shall be prorated in
accordanCe with paragraph "C" below.
Co
From the date that tax information is available, as per paragraph "B," up to
and including June 30th, Seller's current taxes, if unpaid, shall be prorated
to date of close of escrow on the basis of a 365 day year in accordance
with Tax Collector's proration requirements, together with penalties and
interest, if said current taxes are unpaid after December 10 and/or April
10. At' close of escrow, check payable to the County Tax Collector for
Seller's pro-rata portion of taxes shall be forwarded to City with closing
statement.
Do
Any taxes which have been paid by Seller, prior to opening of this escrow,
shall not be prorated between City and Seller, but Seller shall have the
'sole right, after close of escrow, to apply to the County Tax Collector of
said county for refund. This refund would apply to the period after City's
acquisition, pursuant to Revenue and Taxation Code Section 5096.7.
3. Escrow Agent is Authorized to and Shall'
Ao
Pay and charge Seller for any amount necessary to place title in the
condition necessary to satisfy this Agreement.
B.
Pay and charge City for escrow fees and closing costs payable under this
Agreement.
C,
Disburse funds and deliver deed when conditions of this escrow have
been fulfilled by City and Seller.
The Term "close of escrow", if and where written in these instruCtions, shall mean
the date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or
supplement to, any instructions must be in writing.
10 09/27/02
~.AGMT TO
,
Time is of the Essence in these Instructions and Escrow is to Close as
Soon as Possible
If (except for deposit of money by City, which shall be made by City upon
demand of Escrow Agent before close of escrow) this escrow is not in condition to close
within thirty (30) days from date of these instructions, any party who then shall have fully
complied with these instructions may, in writing, demand the return of their money or
property; but if none have complied, no demand for return thereof shall be recognized
until five (5) days after Escrow Agent shall have mailed copies of such demand to all
other parties at the respective addresses shown in these escrow instructions, and if any
objections are raised within said five (5) day period, Escrow Agent is authorized to hold
all papers and documents until instructed by a court of competent jurisdiction or mutual
instructions. If no demands are made, proceed with closing of this escrow as soon as
possible.
5. Permission to Enter on Premises
Seller hereby grants to City, or its authorized agents, permission to enter upon
the Property at all reasonable times prior to close of escrow for the purpose of making
necessary or appropriate inspections.
6. Loss or Damage to Improvements
Loss or damage to the real property or any improvements thereon, by fire or
other casualty, occurring prior to the recordation of the Deed shall be at the risk of
Seller. In the event that loss or damage to the real property or any improvements
thereon, by fire or other casualty, occurs prior to the recordation of the Deed, City may
elect to require that the Seller pay to City the proceeds of any policy of insurance which
may become payable to Seller by reason thereof, or to permit such proceeds to be used
for the restoration of the damage done, or to reduce the total price by an amount equal
to the diminution in value of said Property by. reason of such loss or damage or the
amount of insurance payable to Seller, whichever is greater.
7. Closing Statement
Seller instructs Escrow Agent to release a copy of Seller's statement to City; the
purpose is to ascertain if any reimbursements are due Seller.
~,GMT TO 11 09/27/02
EXHIBIT C
Form of Grant Deed
'Order No. 9931647
Escrow No.
WHEN RECORDED MAIL TO:
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
DOCUMENTARY TRANSFER TAX ( FREE RECORDING REQUESTED
Essential to acquisition by the City of Tustin, California See Govt. Code 6103)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PAN PACIFIC RETAIL PROPERTIES, INC., A MARYLAND CORPORATION
hereby GRANT(S) to
CITY OF TUSTIN, A MUNICIPAL CORPORATION
the real property in the City of TUSTIN
County of Orange, State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
Dated
}
STATE OF CALIFORNIA } ss.
COUNTY OF }
On before me,
personally appeared
PAN PACIFIC RETAIL PROPERTIES, INC.,
A MARYLAND CORPORATION
BY
BY
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
s~gnature(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
MAIL TAX STATEMENTS TO:
(This area for official notarial seal)
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401-283-06
401-283-12
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DESCRII~ION
REVISIONS
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N:\3291\oooe\sURVL:'Y\RWKEYMAP2.DWG - 06/19/02
401-281-10
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