HomeMy WebLinkAbout19 JAMBOREE/EDIN INTCG 09-15-97 LAW OFFICES Of
WOODRUFF~ SPRADLIN & SMA~.
A PROFESSIONAL CORPORATION
£a7TM
MEMORANDUM
NO. 19
9-15-97
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the CitY Council
City of Tustin
City Attorney'
September 10, 1997
Jamboree/Edinger Interchange
RECOMMENDATION:
1. Adopt a resolution entitled'
"A Resolution of the City Council of the City of Tustin,
California declaring portions of the Jamboree Road/Edinger
Avenue Interchange within the City of Tustin's boundaries to
be a County highway for the purposes of construction."
,
Approve an agreement between the City of Tustin and the
County of Orange for the use of City real property in
constructing the project.
BACKGROUND:
To better serve public safety and traffic flow, Jamboree Road is planned to be
widened so as to connect with the West Leg of the Eastern Transportation Corridor. As
part of this connection, the intersection at Jamboree Road and Edinger Avenue needs to
be reconstructed (hereinafter "the Interchange"). The Foothill/Eastern Transportation
Corridor Agency ("TCA") previously agreed to assume overall responsibility for the
construction of the Interchange. The TCA has contracted with the County of Orange to
oversee the design of the project, award the construction contract, and supervise the
construction. The project will be funded by the TCA, the City of Tustin, and the City of
Irvine, with each entity bearing one-third (1/3) of the cost.
A portion of the Interchange construction will occur on an easement for roadway
purposes that the United States Government ("U.S. Government") originally granted to the
Irvine Company. This easement has been assigned to and accepted by the City of Tustin.
The easement area overlies an area known as the Moffett Trenches. This is a pit area
where jet fuel, other petroleum residue, and solid waste was deposited. Such pit may
1100-00028
51815_1
Honorable Mayor and Members of the City Council
City of Tustin
September 10, 1997
Page 2
contain hazardous substances. The City expects that the pit will be cleaned up by the U.S.
Government to a level acceptable to the City, prior to the City accepting ownership of the
underlying real property. A concern of the City, the TCA and Irvine in designing the project
was that the construction not impact the existing polluted area. The United States
Government, along with all other affected parties, has reviewed and approved the plans.
It is the consensus of opinion that the construction will not impact the Moffett Trenches.
The agreement with the County permits the County to have the exclusive use of the
City's easement for construction purposes. This agreement was subject to substantial
negotiation. It contains special indemnity and insurance provisions designed to protect the
City and the other owners of the project from damages, including environmental
contamination, due to the County's negligence. In addition, the City requested that the
County add certain language to its construction contract to give the City additional
protections against environmental contamination by the Contractor. The City's concern is
not only that there would be a release of hazardous materials during construction, but that
the construction would somehow exacerbate or worsen the existing pollution in the Moffett
Trenches. While we previously opposed an agreement with the County, since the County
is simply a contractor of the TCA, we have reassessed this position in light of the special
indemnity, insurance, and other provisions of the agreement.
FISCAL IMPACT:
Based on the proposed County bid award, the City's share of construction costs is
5.5 million dollars.
CEQA:
The Interchange was previously reviewed as part of the EIR for the Foothill
Transportation Corridor and the EIR.for the Moulton Parkway Smart Street Project.
LOIS' E. JEFFRE~ /"
Enclosures
CC:
William A. Huston, City Manager
Tim D. Serlet, Director of Public Works
1100-00028
51815_1
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RESOLUTION NO. 97-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN DECLARING THOSE PORTIONS OF THE JAMBOREE
ROAD/EDINGER AVENUE INTERCHANGE WITHIN THE CITY
OF TUSTIN'S BOUNDARIES TO BE A COUNTY HIGHWAY
FOR THE PURPOSES OF CONSTRUCTION
WHEREAS, the Foothill/Eastern Transportation Corridor Agency
(TCA), the City of Tustin ("City"), and the City of Irvine have
agreed to jointly fund a project called the Jamboree Road/Edinger
Avenue Grade Separation (the "Interchange" or "project") that is to
be built within a City easement; and
WHEREAS, the project will facilitate a connection to the West
Leg of the Eastern Transportation Corridor to better serve public
safety and traffic flow; and
WHEREAS, Jamboree Road from Moffett Drive to the SCRRA Metrolink
is part of the project and is designated as a major arterial highway
on the Orange County Transportation Authority's master plan of
arterial highways; and
WHEREAS, the TCA, who is responsible for causing the project to
be built, has entered into a contract with the County to design the
Interchange, award the construction contract, and supervise the
construction; and
WHEREAS, the City and the County have agreed upon the form of
an Agreement that gives the County the exclusive use of the City's
easement for construction of the project and provides for the
Interchange to be designated as a County road for the purposes of
construction; and
WHEREAS, the Streets and Highways Code permits the Board of
Supervisors to determine by resolution that an existing street within
a City be made a County highway, and also permits a City Council to
consent to the proposed County highway; and
WHEREAS, to expedite the project, City desires to adopt a
resolution of consent to make the Interchange a County highway, that
will be effective upon the County's approval of the Agreement and
adoption of a resolution to make the Interchange a County highway.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, finds, determines and orders as follows:
SECTION 1: As of the date specified in Section 2, the City
consents to the establishment of a County highway for purposes of
construction over those portions of the Interchange within the
boundaries of the City.
SECTION 2: Section 1 shall be effective upon the County's
execution of the Agreement in the form attached hereto as Exhibit
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"A", and County's adoption of a resolution declaring portions of the
Interchange within City boundaries to be a County highway for
purposes of construction.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin on the day of , 1997.
ATTEST:
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER
CITY CLERK
1100-00028 -2 -
51816_1
EXHIBIT "A"
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Agreement No. D97-068
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1997
BY AND BETWEEN:
The CITY OF TUSTIN a municipal corporation
hereinafter designated as "CITY"
The COUNTY OF ORANGE, a political subdivision
of the State of California hereinafter
designated as "COUNTY"
W I T N E S S E T H
WHEREAS, Jamboree from Moffett Drive to SCRRA Metrolink is designated as a
Major Arterial Highway on The Orange County Transportation Authority's Master Plan
of Arterial Highways; and
WHEREAS, this section of Jamboree is within the CITY; and
WHEREAS, Jamboree will be widened as part of a connection to the West Leg
of the Eastern Transportation Corridor to better serve public safety and traffic
flow; and
WHEREAS, the Foothill/Eastern Transportation Corridor Agency (TCA) and
COUNTY have an agreement, as amended, for the COUNTY to design the improvements
called the Jamboree Road/Edinger Avenue Grade Separation hereinafter referred to as
PROJECT and for the COUNTY to act as lead agency for administration of the
construction contract; and
WHEREAS, CITY, TCA and the City of Irvine have separate agreements for funding
PROJECT; and
WHEREAS, a portion of the PROJECT is proposed to be constructed on an easement
owned by CITY, a copy of which is attached hereto as Exhibit "I" and incorporated
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herein by this reference and hereafter referred to as THE EASEMENT;
WHEREAS, COUNTY AND CITY wish to define areas of responsibility for
construction of PROJECT on THE EASEMENT within the CITY.
~NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
A. CITY hereby grants to COUNTY and COUNTY hereby accepts an ~exclusive
license to operate within THE EASEMENT in order to cause construction of the
PROJECT. The operations of COUNTY, its contractors, employees, and agents shall be
conducted in compliance with all applicable state and federal laws, the provisions
of THE EASEMENT, and this AGREEMENT.
B. CITY and COUNTY shall pass Resolutions declaring portions of
PROJECT within CITY territory to be COIINTY road for purposes of construction.
C. COUNTY shall be designated as Lead Agency for PROJECT construction.
D. COLINTY is designated as Project Engineer, Contracting and Construction
Agent, hereinafter referred to as "ENGINEER", for the parties to do and perform all
things necessary in order to construct PROJECT in accordance with the approved
plans and specifications and to execute and deliver all documents required in
connection with the construction and completion of PROJECT, including its Notice of
Completion and final accounting report.
E. COUNTY shall obtain the written concurrence of Tustin's City Engineer
or his designee, hereinafter referred to as CITY ENGINEER, for any contract change
order (CCO) of PROJECT which would, cumulatively with other CCOs, increase CITY's
cost more than 5% of CITY's share of the original contract price or which Would~
affect the PROJECT design.
F. Prior to accepting improvements under the contract for PROJECT,
COUNTY shall obtain CITY ENGINEER's written approval of the construction as it
affects the operation and maintenance of PROJECT. Approval shall be withheld
only for work not completed per the approved plans and specifications for PROJECT.
G. COUNTY shall furnish CITY ENGINEER with one set of reproducible
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mylar or acetate "Record" construction drawings for PROJECT and a copy of the
Notice of Completion.
H. CITY shall at all times during the progress of construction of
PROJECT within CITY territory, have access to the work thereon for the purpose
of inspection and, should CITY ENGINEER deem any remedial measures to be
necessary, CITY ENGINEER shall notify COUNTY thereof for communication to the
contractor.
I. Upon approval by CITY ENGINEER and upon acceptance of the improvements
by COUNTY, COUNTY shall pass a Resolution declaring portions of the project within
CITY territory to be a CITY road.
IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. Upon approval by CITY ENGINEER and acceptance .of the improvements
under the contract by COUNTY and COUNTY's Resolutions, described above, CITY shall
assume maintenance responsibility for PROJECT.
B. (1) Neither party to this Agreement nor any officer, agent or
employee thereof shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by any other party under or in
connection with any work, authority or jurisdiction delegated to such other
party under this Agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4, with regard to any work, authority or
jurisdiction delegated to a party under this Agreement, such party shall fully
defend, indemnify, and hold the other party harmless from any liability
imposed for injury (as defined by Government Code Section 810.8), occurring by
reason of anything done or omitted to be done under or in connection with such
delegated work, authority or jurisdiction.
B. (2) Notwithstanding and in addition to the foregoing, COUNTY
shall defend, indemnify and hold CITY, TCA, and the City of Irvine (IRVINE),
harmless for liability imposed by reason of a release of Hazardous Material
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(as defined in the construction contract) caused by COUNTY's sole negligence
in administering the construction contract. This indemnity is intended to
operate as an agreement pursuant to Section 107(e) of the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. Section
9607(e) and California Health and Safety Code Section 25364. Notwithstanding
anything to the contrary set forth in this sub B. (2) paragraph, the COUNTY's
total contractual indemnity liability hereunder to CITY, TCA and IRVINE shall
not exceed the sum of Twenty Million Dollars ($20,000,000) which shall be
payable exclusively from an insurance policy to be procured by COUNTY for this
PROJECT through an insurance carrier acceptable to CITY. TUSTIN, TCA and
IRVINE shall each be named as additional insureds. The insurance policy shall
have an extended reporting period of five (5) years from the date of the
filing of a Notice of Completion by COUNTY.
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IN WITNESS WHEREOF, CITY has caused this agreement to be executed by
its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be
executed by the Chairman of its Board of Supervisors and attested by its Clerk
on the dates written opposite their signatures, all thereunto duly authorized by
the City Council and the Board of Supervisors, respectively.
CITY OF TUSTIN, a municipal
corporation
Dated: , 19 By
Mayor
~TTEST:
APPROVED AS TO FORM
City Clerk
City Attorney
COUNTY OF ORANGE, a political subdivision
of the State of California
Dated: , 19 By
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
Chairman, Board of Supervisors
APPROVED AS TO FORM
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
III
III
III
III
By:
-5-
Deputy
Date
EXHIBIT "1"
! ,..
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Tustin/CITY CLEEK'S OFFICE
300 Centennial Way
Tustin, CA 92680
Attn:
Bob Ledendecker,
Director of Public Works
.
08-MAY-19c)5 10:59 AM
Recorded in Offidal Records
of Orange County, C~alifo~ia
Gary. L. Granville: Clerk-Recorder
P.~e I of ~ Fees: $ 0.00
Tax: $ 0.00
KECORDING FEES EXEMPT PER GCS 6103.
DEPUTY Space above this line for Recorder's
CITY
CLERK
use
ASSIGNMENT OF EASEMENT
THE IRVINE COMPANY, a Michigan corporation, ("Assignor")
hereby assigns to the CITY OF TUSTIN, a California municipal
corporation ("~ssignee"), without re~resentation:'6r'warranty, ail
of Assignor's right,' title and interest as "Grahtee" under that
certain Grant of Easement dated August 5, 1988 and recorded
September 12, 1988 as Instrument No. 88-456310 in Official Records
of Orange County, California (the "Grant of Easement"), a copy of
which Grant of Easement is attached hereto as Exhibit "A".
Assignee hereby agrees to perform all of the obligations of
Grantee under the Grant of Easement as if Assignee had been the
original Grantee thereunder. Assignee agrees to accept the
"Premises" described in the Grant of Easement into Assignee's
street system by formal resolution.
IN WITNESS WHEREOF, Assignor and Assignee have executed this
Assignment of Easement as of the 13~ day of /~ , 1991.
"Assignor"
The Ir~_ine Company,
a Michigan co~p/~ratioD
B Willf~m'-~/~cFarland ·
Executiv~ Vice President
By:
ACCEPTANCE
The _Assignment o~~sement from THE~-R~INE' C6~MPANY, a ~chigan
~corpora~. on tc the CI~F T~ a ~ Cali~rnia m~nicipal
· ~orpor~ion, is hereby ~epted by '.~h~ un~.ersigned
~ /~ ' ,.-'- on, half of the City~oun~il of the
Ci~of Tustin pursua _~~o authori~onferred by Re~ution NO.
~ ~ such City C~cil adopted on the~'~ day of /~ ,
A9.9.1. an.~l~the Assignee consents to recordation thereo~ by. ts duly
. < ~authorized /~ .- .. ' ' ~--~/~~ ~' l
· L:XHI~IT 'T' TO AGREEMEY!Y D'~'.'-06~ PAGE 1 OB i3
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
the u~e ne Public in 6 foD kaid County and State,
personally appeared William H. McFarland and James R. Cavanaugh,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed'the within
instrument as Executive Vice President and Assistant Secretary,
respectively, on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
hand and official seal.
EXHIBIT "I' TO AGREEMENT D 97-068 PAGE 3 OF 13
.o
~F TUSTIN - ACCEPTANCE FOR"..~
..
THIS IS TO CERTIFY that the interest'in real. property conveyed by the Deed/Grant dated
t--~-~he City o-~Tustin, a Municipal Corporation, is hereby accepted pursuant to Resolution No.
95-39 of the City of Tustin and the Grantee consents to recordation thereof by its duly
authorized officer.
B eve~~
Deputy ~ity Clerk ~-~
EXI-IIBIT "I' TO AGREEMENT D 97-068 PAGE 2 OF 13
Recording Requested By, and
When Recorded Mail To:
The· Irvine Ccmpany
$50 Newport Center Drive
Nehoort Beach, CA 92660
Attn: Chick C. Willette
Irvine Land Man~ent Company
· Stata~ents to
Address Above
8E -456310
RECORDING REOUESTED DY
FIRST AMERICAN TITLE iNS. CO.
RECORDED IN' OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
4:00
PM SEP 121988
',,,,~ , ,,3 / COUN~ '
r.~. '-/~
Above Space for Recorder's Use Only
NCZ4? BBRPOOT +3
GRANT OF EASEMENT
TN]S ZNDENTURE, .ade the day of·
_
between the United States of America, here.i.n c~lled the "Goverrment," ~cting
through the Deparbnent of the Navy, .and The Irvine Company, a Michigan
corporation, herein called the "Grantee."
WHEREAS', the Goverrment o~ns that certain real property identified as the
Marine Corps Air Station, Tustin, herein call the Station; and
WHEREAS, Grantee has requested an easement for the construction,
',.. 'operation, maintenance, repair and replacement of a roadway and underground
~..-:,ii]i'ii';"'!!.described;.utility facilities and on and Under that portion, of the Station hereinafter
~"::'. ,, WHEREAS, the Secretary of the Navy has found that the grant of such
~!.~'.ij.![i.'ieas~nent on the terms and conditions hereinafter stated is not incompatible
:i?.. with the public interest; and
.:,. WHEREAS, in return for said eas~ent, G~verrment ~dll obtain from Grantee
....:": o~nership of other real property and easments of comparable value.
::"," NOW THEREFORE, this indenture witnesseth that, in consideration of the
,.i,'.i"i. land conveyan.ce stipulated in Section 838 of Public Law 98-407 dated August
..... ' 28, 1984 by the Grantee to the Government, the Goverment hereby grants to
'ii'iiI'~' Grantee and its successors and assigns, in perpetuity, an easement for the
.'<.;"i construction, installation, operation, maintenance, repair and replac~ent of
· · a roadway, and such underground utilities as are customarily located in
roadway'rights-of-way, such eas~ent being on and under that portion of the
· .:' Station herein called the Praises, described on Exhibit "A" and shown on a
map marked Exhibit "B" attached hereto and made a part hereof
~
..
THIS EASEMENT is granted subject to the following terms and conditions:
1. All work in connection with the construction, installation, operation,
and except as provided in Paragraph 8 below, repair and replac~ent of the
"~,'.' road and utilities shall be done without cost or expense to the Government,
" and in accordance with plans previously approved by the Commander of the
Western Division, Naval Facilities Engineering Command.
·
2. ExCept as provided in Paragraph 8 below, the Grantee shall maintain
" the Premises and the road and utilities in good condition at all times and
· shall promptly make all .repairs thereto that may be necessary for the
preservation of the condition of the Premises and the continued operation and
maintenance of the road and utilities.
EXHIBIT 'A"
page I of 10
EXHIB1T 'T'.TO AGREEMENT D97-068 PAGE 4 OF 13
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N62z~7~88 RP O0 T~+$
3. The Grantee's rights hereunder shall be subject to such reasonable
rules and regulations as may be prescribed by the Goverrment to assure that
the exercise of such righ.ts will not interfere with 6overrment activities at
the Station.
4. With respect to utilities constructed under the rights granted herein,
upon the termination of this easement, the Grantee, at its expense shall
remove, to 'the extent requested by the Government, utility improvements
installed or constructed hereunder, and shall restore the Premises to the sa~e
'~.:.F'or as good a condition as that ~hich existed prior to the exercise by the
Grantee of its rights hereunder; provided, hoverer, that the foregoing shall
~!:':' not apply to re, oval of street improvements. Such restoration shall be done
i'i'~i':.in a manner satisfactory to the Ccmmander of the Western Divison,
Facilities Engineering Command. This paragraph shall not cover any
improvements or facilities installed or constructed by the Government,
5. If at any future time, the Government determines that the utilities,
or any. portion thereof, unduly interfere with any of its activities, it shall
have the right to terminate the utility segment of this easment, in ~hole or
..... in part, to the extent necessary to eliminate such interference; PROVIDED
THAT, .unless the Government shall have determined that relocation is not
feasible, it shall convey to the Grantee, without charge, a substitute
easement pe. mitting the Grantee to relocate the utilities, or portion thereof,
on adjacent Government 'property, at the Grantee's co~t and expense. The
substitute easment shall contain the sane terms and conditions as those of
this easment, and shall bear the sane expiration date, if any.
6. All or any part of this easement may be terminated upon failure by the
Grantee to ccmply with any of its terms and conditions, upon abandcment of the
rights granted herein, or upon non-use'of such~rights for a period of t~o (2)
consecutive years.
7. The rights and obligations of the Goverrment and Grantee will be
binding upon the successors and assigns of Goverrment and Grantee. Government
acknowledges that Grantee intends to assign its rights under this easement to
the City of Tustin, a California municipal corporation, and Government agrees
that upon such assigrment and acceptance thereof by the City of Tustin, The
Irvine Ccmpany, as initial Grantee hereunder, shall have no further
obligations under this Grant of 'Easement.
8.' The Government reserves the right to use the Premises of this easement
for any other purpose that does not unreasonably interfere with the use and
enjo~ent by the Grantee of the rights granted in this easement. Included in
the Government's reserved rights is a right of access as described below to an
area called, the Burn Pit ~hich area w~s allegedly used in the pest for the
disposal' of hazardous materials. Because of grantee's concern, the following
paragraph is agreed to by the parties as to the Government's activities'
concerning the hazardous materials at the Burn Pit Area.
EXHIBIT 'A'
page 2 of 10
EXHIBIT ':I" TO AGREEMENT D97-068 pAGE 5 OF 13
N6247~BBRPOOT45
The Government reserves the right to enter upon that portion of the
Premises described on Exhibit %" attached hereto and made a part hereof (the
"Burn Pit Area") for purposes of monitorin.c, removing and mitigating the
effect of any hazardous material on or in the Burn Pit Area; provided however,
that (a) to the extent possible, the Government shall conduct its activities
in locations and t.n a manner so as not to affect the Grantee's use of the
improvements constructed un the easement area (the "Roadway Improvements"),
(b) in situations where the Gover~ent's activities will affect Grantee's use
of the Roadway Improvements the Government shall, except in an emergency
situation, give Grantee reasonable notice of such activities and conduct its
activities hereunder at non-peak hours of vehicular traffic on the roadway
constructed in the easement area, (c) the Government shall use its best
efforts to minimize damage to the Roadway Improvements and the effect upon the
use by Grantee and its successors and assigns of such Roadway Improvements and
(d) the Government shall, 'subject to the availability of appropriations,
promptly upon the completion of any particular activity on the Burn Pit Area
repair any damage to the Roadway Improvements and return same, as nearly as
practicable, to the condition as existed prior to such activity. The
Government agrees that it will comply with all applicable laws with respect to
any hazardous materials in the Burn Pit Area and that it will, subject to the
availability of appropriations, take whate, ver remedial action is required,
including removal, as expeditiously as reasonable possible.
IN WITNESS WHEREOF, the Government, acting through the Department of the
Navy, has caused this instrument to be executed the day ~nd year written first
above.
Ap~rove~ as to forr~
-\J~,ES A. CODA
;~ · ;...c-:~.te Counsel
','-' .~ ".~'&VFACENGCOM
UNITED STATES OF AMERICA
CHARLES Jo ~L~.IAMS
Director, Real Estate Division
Real Estate Contracting Officer
Western Division, Naval Facilities
Engi neeri ng Command
State of California )
)ss
County of San Mateo )
On J~his ~--C~ ~ day of ~LL-,~c~, in the year 1988 before
me, /'~.Lu./c.~c~- ~]~. ~-/f_~.~r-~...~,./,]/ a Notary Public in and for said
County and State, ~er~nally appeared CRARLES J, WILLIES, personally known to
me or proved to me on the basis of satisfactory evidence to be the Director,
Real Estate Division, Real Estate Contracting Officer, whose name ts
subscribed to the within instrument, and acknowledged that he executed same on
behalf of the United States of America in accordance wi th authority granted to
him,
Notary Public in'nd ¢or'said County and
State
·
.
OFFICIAl., Sr'-AN
BE'V'EI~LY J FR'EITAS
NOT.~'Y PUaLIC - CALIFORNIA
~ ~,mm. expires JUL 31, 1~
]-
EXHIBIT 'T' 'TO AGREEMENT D97-068 PAGE 6 OF 13
N62~7488 RP OOT~+:~
May 24, !988
5243.574
PARCEL 1 - IN THE CITY OF TUSTIN
THAT PORTION OF THE NORTHWESTERLY ONE-HALF OF LOT 102, BLOCK 47 OF
IRVINE'S .SUBDIVISION,. IN THE CITY OF ~USTIN, COUNTY OF OB3NNGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP 'KECORDED IN BOOK 1, PAGE 88
OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND BRASS DISK STAMPED "U.S.N.? L.T.A.S., 1942,
LS2210" AT THE UNITED STATES BOUNDARY CORNER, SAID CORNER ALSO
BEING THE' WESTerLY CORNER OF THE NORTHEASTERLY 750.00 FEET OF LOT
89, ~LOCK 46 OF SAID IRVINE'S SUBDIVISION, SAID CORNER ALSO BEING
A CITY BOUNDARY' CORNER. OF THE CITY OF IRVINE AND THE ~ITY OF
TUSTIN, THENCE SOUTHWESTERLY ALONG SAID BOUNDARY SOUTH 40~38'02''
WEST 1234.67 FEET; THENdE LEAVING SAID BOUNDARY NORTH 49021'58''
WEST 11.00 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; THENCE ALONG A LINE WHICH IS PARALLEL WITH AND
11 00 FEET NORTHWESTERLY FROM THE SAID BQUNDARY LINE SOUTH
40638,02', WEST 1947.61 FEET; THENC~ NORTH 49~19'43'' WEST 253.08
FEET TO A POINT OF CUSP, SAID POINT BEING ON A CURVE CONCAVE
NORTHERLY AND HAVING A' RADIUS OF 120.00 FEET; A RADIAL LINE TO
SAID POINT BEARS SOUTH 40°40,17,' WEST; THENCE EASTERLY ALONG SAID
CURV~ THkOUGH A CENTRAL ANGLE ~F 89~56'12'' A .DISTANCE OF 188.36
FEET;
THENCE NORTH 40044'05'' EAST 1138.08 FEET;
THENCE NORTH 41°15'1~'' EAST 86.78 FEET;
THENCE NORTH 43°55'5311 EAST 107.41 FEET;
THENCE NORTH 47033'29 EAST 101 !6 FEET;
THENCE NORTH 51~4{'48" EAST 10~ 40 FEET;
THENCE NORTH 55u4~'~0'' EAST 21f !6 FEET;
THENCE NORTH 63'16'06" EAST 95.10 FEET TO .THE TRUE
BEGINNING. '
POINT OF
CONTAINS 5.308 ACRES MORE OR LESS.
AFFROVED BY
EXHIBIT 'A'
page 4 of 10
9&---o / 96 ¥/?
EXHIBIT 'T' TO AGREEMENT D97-068 PAGE 7 OF 13
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May 2~, 1988
5243.574
PARCEL 2 - IN THE CITY OF TUSTIN
THOSE PORTIONS OF LOT 89, BLOCK 46 AN~ LOTS 189 AND 196, BLOCK 62
OF IRVINE'S SUBDIVISION IN THE CITY OF TUSTIN, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88
OF MISCELLANEOUS. MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORA~NGE COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND BRASS DISK STAMPED "U.S.N.', L.T.A.S.~ 1942,
LS2210" AT THE UNITED STATES BOUNDARY CORNER, SAID CORNER ALSO
BEING THE WESTERLY CORNER OF THE NORTHEASTERLY 750.00 FEET OF LOT
89, BLOCK 46 OF SAID IRVINE'S SUBDIVISION, SAID CORNER ALSO BEING
A CITY BOUNDARY CORNER OF THE CITY OF IRQINE AND THE CITY OF
TUSTIN, THENCE ALONG SAID BOUNDARY LINE SOUTH 49°19'11'' EAST
742.13 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED; THENCE NORTH 40'40'49'' EAST 5.00 FEET; THENCE SOUTH
5!u41'36'' ~AST 96.58 FEET .
THENCE SOUTH 56008'36'' EAST; 176.7~ FEET;
THENCE SOUTH 47036'46'' EAST 100.56 FEET;
THENCE SOUTH 470~8'45'' EAST 77.40 FEET:
THENCE SOUTH 77v41'39'' EAST 279.76 FEET TO THE BEGINNING OF A
TANGENT 'CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 800.00
FE~T; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE..OF
18u58'04'' A DISTANCE OF 264.84 FEET;
THENCE NORTH 83°20'17'' EAST 224.28 FEET;
THENCE NORTH 72°02'35'' EAST 165.75 FEET;
THENCE NORTH 65032'24'' EAST 114 00 FEET;
THENCE NORTH 63020'02'' EAST 110 91 FEET; '
THENCE NORTH 56025'04'' EAST 99.77 FEET;
THENCE NORTH 52023'28'' EAST 142.02 FEET;
THENCE NORTH 46°21.'43" EAST 95.52 FEET;
THENCE NORTH 43005'33'' EAST 143.95 FEET;
THENCE NORTH 45°31'00'' EAST 110.98 FEET;
THENCE NORTH 44038'32'' EAST 189.37 FEET;
THENCE NORTH 45°13'02" EAST 217 11 FEET;
THENCE NORTH 47022'56'' EAST 361.01 FEET;
THENCE NORTH 41055'27'' EAST 255.25 FEET;
THENCE NORTH 40°03'51" EAST 336.20 FEET;
THENCE NORTH 4.0010'37'' EAST 103.43 FEET;
THENCE NORTH 42°48'39'' EAST 237.56 FEET;.
THENCE NORTH 49024'02'' EAST 198.91 FEET;
THENCE NORTH 50°50'56'' EAST 101.70 FEET;
T~ENCE NORTH 5101-5'07'' EAST 125.44 FEET TO A POINT ON THE WESTERLY
LINE OF THE EASEMENT CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT AS PARCEL Fl0-101 DESCRIBED IN GRANT OF EASEMENT RECORDED
AUGUST 10, 1963 IN BOOK 6681, PAGE 721.0F OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER SAID POINT BEING ON A CURVE
WESTERLY AND HAVING A RADIUS OF 755.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 78°44'59'' EAST; THENCE SOUTHERLY ALONG SAID
CURVE .THROUGH A CENTRAL ANGLE OF 17°46'25" A DISTANCE OF 234.21
FEET TO THE NORTHERLY CORNER OF PARCEL F!0-101.1 AS DESCRIBED IN
..
EXHIBI:'I' "A'
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EXHIBIT 'T' TO AGREEMENT D97-068 PAGE 8 OF 13
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....... N6~7~BRP00' . '-
T OF EASEMENT; THENCE SOUTH 50°28'52" WEST 44.23 FEET
SAID GRAN ......... "T ON A CURVE CONCAVE WESTERLY
ALONG SAID WEST£RLY LING TU ^
VING A RADIUS OF 725 00 FEET; A RADIAL LINE TO SAID POINT
AND HA O- --,, .... ' ......... nUTHERLY ALONG SAID WESTERLY
~nn~ "~" - ........ "~ ~HROUGH A CENTRAL ANGLE
LINE, ALONG ~A~u ~un*~ - O ,
90 00 FEET; THENCE SOUTH 9 23'55 EAST 64.37 FEET
DISTANCE OF · . _ ........... u~ U~TERLY LIN~ OF SAID
AID WESTERLY LINE TO A FUim~ u~ ~,, .....
ALO~_ S ..... '0~ SAID POINT BEING O~ A CURVE
.......... - HROUGH A CENTP. AL Amb~ ...... 11
LINE, ALONG SAID CUKVE T .......... ue ~,nRTHWESTERLY LINE OF THE
DISTANCE OF 74.71 FEET TO A ~u:~ u~ ~-=
EASEMENT DESCRIBED AS NO. F6-401 IN ~AID GR3%NT OF EASEMENT; THENCE
SOUTH 46006,57'' WEST 819'67 FEET TO EASTERLY C6RNER OF THE EASE-
MENT DESCRIBED AS PARCEL NO. F6-401 I IN SAID GRANT OF EASEMENT~
THENCE ALONG THE LINES OF PARCEL F6-~01.1 THE FOLLOWING COURSE AND
DISTANCES:
SOUTH ~1°37'33'' WEST 34.83 FEET;
SOUTH ~6°06'56'' WEST 120.00 FEET;
NORTH 49018'57'' WEST 45.21 FEET;
SOUTH 4~6' 56" ,,WEST 75.00 FEET; '
' SOUTH 18'57 EAST 60.28 FEETo TO THE WESTERLY
LINE OF SAID PARCEL NO. F6-401; THSNCE SOUTH 46 06'54" WEST 32.14
FEET TO THE EASTERLY CORNER OF THE EASEMENT DESCRIBED AS PARCEL
NO. F6-401~2 IN SAID GP. ANT OF EASEMENT; THENCE ALONG THE LIN~S OF
EASEMENT. F6-401.2 THE FOLLOWING COURSES AND DISTANCES:
NORTH 49O18'57'' WEST 60.28 FEET;
SOUTH 46°06'56'' WEST 75.00 FEET;
SOUTH 49018'57'' EAST 45.21 FEET;
SOUTH 46°~6'56'' WEST 120.00 FEET;
SOUTH 18'24'47'' ~EST 32.27 FRET TO A' POINT ON THE
LINE OF EASEMENT NO. F6-401; THENCE SOUTH 46006'35''
NO~THWkSTERLY
WEST 40.66 FEET ALONG SAID NORTHWESTERLY LINE TO THE BEGINNING OF
'ENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF b Z4 ~
213.80 FEET; THENCE SOUTH 52°31'45" WEST 105;1.02 FEET ALONG SAID
NORTHWESTERLY LINE; THENCE LEAVING· SAID NORTHWESTERLY LINE NORTH
37°'28'15'' WEST 54.86 FEET TO A POINT ON A CURVE CONCAVE NORTH-
WESTERLY AND HAVING A RADIUS OF 1644.00 FEET, A RADIAL LINE TO
..o~.,,,,, EAST THENCE SOUTHWESTERLY ALONG
SAID POINT BEARS SOUTH Z£ ~ u~ ' , 6 ,,
SAID CURVE THROUGH A CENTRAL AN.GLE' OF 11 5~'36 A DISTANCE OF
343.65 FEET; "
THENCE SOUTH 79°5~'14'' WEST 161.74 FEET;
THENCE 'SOUTH 88'07'53'' WEST 18.68 FEET TO THE BEGINNING OF'A
TANGEN~ CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 320.00
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 32°51'18'' A DISTANCE OF 183.50 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF.THE NORTHEASTERLY 750.00 FEET OF THE SOUTH-
WESTERLY ONE-HALF SAID LOT 196, THENCE NORTH 49°19'11'' WEST 909.85
FEET ALONG SAID SOUTHWESTERLY LINE AND ALONG THE SOUTHWESTERLY
LINE OF THE NORTHEASTERLY 750.00 FEET OF SAID LOT 89 TO THE TRUE
POINT OF BEGINNING.
CONTAINS 20.095 ACRES MORE OR LESS. [AI~PROVED BY
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EXHIBIT
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EXHIBIT
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