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HomeMy WebLinkAboutCC RES 02-118 ' PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Offitial Records, County of Orange Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO: P ��191�j��11111�I���i I ��I�IIuMIN111I�,N111411111 NO FEE e H cE-1 /vy 20030000391481022am 01i,3103 lit, L 206 79 R26 17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 300 Accu( c ui CA- 9270 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: f 1 L n lll..�,000__`I ( �(f ...TTT ) GV� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) .0.059-TITLE PAGE(R7/95) RESOLUTION 02-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 432-042-05 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP No. 7133) AND APPROVING THE PURCHASE AGREEMENT The City Council of the City of Tustin herby resolves as follows: WHEREAS, the acquisition of a portion of Assessor's Parcel No. 432-042-05 is needed for public use, namely to be utilized for the widening of Red Hill Avenue at the I-5 Freeway ("the Red Hill Avenue Widening Project") within the City of Tustin; and WHEREAS, on October 6, 1997, the Tustin City Council certified that the Final Mitigated Negative Declaration as adequately addressing the environmental effects of the Red Hill Avenue Widening Project; and WHEREAS, the acquisition of property, including a portion of Assessor's Parcel No. 432-042-05, was considered in the Final Mitigated Negative Declaration; and WHEREAS, State law authorizes the City to acquire the acquire the property for the above stated purpose; and WHEREAS, the owner of Assessor's Parcel No. 432-042-05 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. 432-042-05 is needed is for the widening of an existing roadway, to wit, Red Hill Avenue within the City of Tustin. Resolution No. 02-118 Page 2 3. 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. 432-042-05, its address being 1471 Nisson Road, at the northwest corner of Red Hill Avenue and Nisson Road, 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: (a) The public interest and necessity require the widening of Red Hill Avenue to accommodate additional traffic within the City of Tustin; (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 Red Hill 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 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. 6. 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. Resolution No. 02-118 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 16th day of December 2002. ATTEST: J~6/(7 M'. Thomas, Mayor City' Clerk City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 02-118 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- 118 was adopted at a regular meeting of the City Council held on the 16th day of December, 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Worley, Bone, Davert, Kawashima None None None Pamela Stoker, City Clerk "EXHIBIT A" LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST ONE-HALF OF LOT 34 IN BLOCK 11 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 RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, CONVEYED TO BILLY F. MATHIS, INC., RECORDED FEBRUARY 17, 1984 AS INSTRUMENT NO. 84-069302 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, LYING SOUTHERLY, SOUTHEASTERLY, AND EASTERLY OFTHE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THAT CERTAIN COURSE SHOWN AS "SOUTH 50004'22'' EAST 73.478 METERS (241.07 FEET)" INTHE EXCEPTION OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 29, 1954 IN BOOK 2759, PAGE 48 OF SAID OFFICIAL RECORDS, AS SAID COURSE HAVING A BEARING OF SOUTH 49°19'05'' EAST, FOR THE PURPOSES OF THIS DESCRIPTION, SAID POINT ON COURSE BEING 1.541 METERS (5.06 FEET) NORTHWESTERLY FROM THE SOUTHEASTERLY TERMINUS OF SAID COURSE; THENCE LEAVING SAID COURSE SOUTH 13058'57" WEST 14.363 METERS (47.12 FEET) TO A LINE PARALLEL WITH AND 21.031 METERS (69 FEET) NORTHWESTERLY FROM THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40°41'10" WEST 18.645 METERS (61.17 FEET); THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE SOUTH 49°18'50'' EAST 0.610 METERS (2.00 FEET) TO A LINE PARALLEL WITH AND 20.420 METERS (67 FEET) FROM THE CENTERLINE OF REDHILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40°41 '10" WEST 5.182 METERS (17.00 FEET); THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE NORTH 49°18'50" WEST 0.610 METERS (2.00 FEET)TO A LINE PARALLEL WITH AND 21.031 METERS (69 FEET) FROM THE CENTERLINE OF REDHILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40°41'10" WEST 12.608 METERS (41.36 FEET); THENCE LEAVING SAID PARALLEL LINE SOUTH 87°46'17" WEST 12.207 METERS (40.05 FEET) TO THAT CERTAIN CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 143.866 METERS (472.00 FEET), IN THE SOUTHWESTERLY BOUNDARY OF SAID LAND CONVEYED TO BILLY F. MATHIS, INC. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED JUNE 22, 1994 AS INSTRUMENT NO. 94-0415528, OFFICIAL RECORDS OF SAID · . COUNTY. TOGETHER WITH THE EXTINGUISHMENT OF ALL EASEMENTS OF VEHICULAR ACCESS APPURTENANT TO THE REMAINING LANDS IN AND TO RED HILL AVENUE OVER AND ACROSS THE NORTHEASTERLY 15.24 METERS (50.00 FEET) OF THAT CERTAIN COURSE HEREINABOVE DESCRIBED AS HAVING A LENGTH OF 18.645 METERS (61.17 FEET). THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 214.5 SQUARE METERS (2,309 SQUARE FEET), MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. ALL AS SHOWN ON "EXHIBIT B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. , LICENSE EXPIRES, 9-30-200 7-/ DATE P:\aslce~26.04\LEGALS\43204205.DOC 07/16/02 N 49'18'53"W 13.826m (45.56') ~ N57'24'28"E 5.578m (1 _ 12.192m (40') / / 20.¢20m (67') 21.031m (69') /~= 17' N49o16'50"W (2.00') NIS$oIV ROAD S40° 41 '10"W 5.182m (17.00') N49°18'50"W 0.610m (2.00') AP NO. 432-042-05 POR SE 1/2, LOT 34, BLOCK 11 IRVINE'S SUBDIVISION 1/88, M.R. 84-069302 O.R. PCL 72930 94-0415528 OR EPARED UNDER THE DIRECTION OF .541m (5.06') 04'27'36" 143.866m (4-72.00') 11.199m (56.74') 01'58'58" 145.866m (472.00') 4.979m (16.34') 51.983m (104..95') N49°19'OS"W 73.478m (241.07-~----- (NSO°O4'22"W PER 2759/48 O.R.) EUGENe. SHAFFER,. L.~. '/.~/4' DATE LICENSE EXPIRES, 9/30/,.~.~ /# CITY OF TUSTIN RIGHT-OF-WAY EXHIBIT APN # 432-042-05 "B" DRAWN BY: EA CHECKED BY: JRB SCALE 1 '4-00 DATE: 6/99 CONTAINING ' 214.5m'"2 (2,309 SF) J.N. 226.04 07/29/99 lO*'4-1:01 F1L£ . 43204205.DW(; AGREEMENT .TO PURCHASE REAL PROPERTY 1471 NISSO'N ROAD,TUSTIN, CALIFORNIA THIS AGREEMENT is entered into this day of _ ,20 , by and among the City of Tustin, a municipal corporation (hereinafter "City"), and Billy F. Mathis, Inc.., dba Al's Woodcraft (hereinafter "Seller"). RECITALS 1. Seller-owns improved real property at 1471 Nisson Road, 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. 2. The City desires to acquire the Property for a potential future public purpose. 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 Eighty-Seven Thousand Three Hundred and No/100 'Dollars ($87,300.00). in exchangefor 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 afterthis 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 N:\WP\DOC\ 1 11/04/02 reference, and shall deposit the deed with the Escrow Officer. SUbject to the conditions described in Section 8, City shall deposit into escrowthe sum set forth in Section 1 abovel 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 fees 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 Const~'uction.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 T° 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. N:\WP\DOC\ 2 11/04/02 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 thisAgreement, 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 25t 17 or as "hazardous substance" in Health and Safety Code Section 25316, and in the regulations adopted and publications promulgated under these laws. 7.2 It is understood 'between the Buyer and Seller that nothing in this agreement shall limit or diminish any and ali obligations or liabilities that Seller may have under State, Federal and LOcal laws, statues, and regulations, with regard to any and all soil, water and other contamination.' 7.3 From and after Close of Escrow, City agrees t© 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 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. N:\WP~OC\ 3 11/04/02 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 Sections 8.3 and no breach of representationsl 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 ali documents reported as exceptions in it ("Title Documents"). City shall notify Seller and Escrow Holder in writing within ten (1'0) 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 withinten (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 EscroTM 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 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. N:\WP\DOC\ 4 .. 11/04/02 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. That- the public interest and necessity requires the acquisition of the Property. .. 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 {r°m 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 ofsuit, and not as damages, reasonable afforneys'.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. 'Section'12. Warranties to Survive Close of Escrow Ail 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. N:\WP~OC\ 5 11104102 Section 13. Binding on 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 Wdtten. 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. Sectio.n 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. N:\WP\DOC\ .6 ' 1.1/04/02 · ExecUted on the date first above written. CITY OF TUSTIN By: ATTEST: Pamela Stoker City Clerk APPROVED AS' TO FORM: Lois' E: Jeffrey City Attorney SELLER Billy F~Mathis,, ~pc<, ~a Al's Woodcraft 10/08/02 7 N:\WP\DOC\ EXHIBIT A Legal Description of Property "EXHIBIT A" LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST ONE-HALF OF LOT 34 IN 'BLOCK 11 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 RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, CONVEYED TO BILLY F. MATHIS, INC., RECORDED FEBRUARY 17, 1984 AS INSTRUMENT NO. 84-069302 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, LYING SOUTHERLY, SOUTHEASTERLY, AND" EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THAT CERTAIN COURSE SHOWN AS "SOUTH 50004'22'' EAST 73.478 METERS (241.07 FEET)" IN 'THE ExCEpTION OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 29, 1954 IN BOOK 2759, PAGE 48 OF SAID OFFICIAL RECORDS, AS SAID COURSE HAVING A BEARING OF SOUTH 49°19'05'' EAST, FOR THE PURPOSES OF.THIS DESCRIPTION, SAID POINT ON COURSE BEING 1.541 METERS (5.06 FEET) NORTHWESTERLY FROM THE SOUTHEASTERLY TERMINUS OF SAID COURSE; THENCE LEAVING SAID COURSE SOUTH 13058'57" WEST 14.363 METERS (47.12 FEET) TO A LINE PARALLEL WITH AND 21.031 METERS (69 FEET) NORTHWESTERLY FROM THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40°41'10" WEST 18.645 METERS (61.17 FEET); THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE SOUTH 49018'50" EAST 0.610 METERS (2.00 FEET) TO A LINE PARALLEL WITH AND 20.420 METERS (67 FEET) FROM THE CENTERLINE OF REDHILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40°4.1'10" WEST 5.182 METERS (17.00 FEET); THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE NORTH 49°18'50" WEST 0.610 METERS (2.00 FEET) TO A LINE PARALLEL WITH AND 21.031 METERS (69 FEET)FROM THE CENTERLINE OF REDHILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40°41'10" WEST 12.608 METERS (41.36 FEET); THENCE LEAVING SAID PARALLEL LINE SOUTH 87°46'17" WEST 12.207 METERS (40.05 FEET) TO THAT CERTAIN CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 143.866 METERS (472.00 FEET), IN THE SOUTHWESTERLY BOUNDARY OF SAID LAND CONVEYED TO BILLY F. MATHIS, INC. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED JUNE 22, 1994 AS INSTRUMENT NO. 94-0415528, OFFICIAL RECORDS OF SAID COUNTY. TOGETHER WITH THE EXTINGUISHMENT OF ALL EASEMENTS OF VEHICULAR ACCESS APPURTENANT TO THE REMAINING LANDS IN AND TO RED HILL AVENUE OVER AND ACROSS THE NORTHEASTERLY 15.24 METERS (50.00 FEET) OF THAT CERTAIN COURSE HEREINABOVE DESCRIBED AS HAVING A LENGTH OF 18.645 METERS (61.17 FEET). THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 214:5 SQUARE METERS (2,309 SQUARE FEET), MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. ALL AS SHOWN ON "EXHIBIT B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. , ~SE EXPIRES, 9-30-200 7-/ DATE P:\astce~226.04\LEGALS\43204205.D OC 07/16/02 N 49'18'55"W N57'24'28"E A= 17' 5.378m (1 / / / 12.192m (40') LU 20.4.20m (67') 21.031m (69') PCL 7293O 94-0415528 OR N49°16'50"W -- 0.610m (2.00') ROAD S40°41'10"W 5.182m (17.00') N49°18'50"W 0.610m (2.00') Ap NO. 432-042-05 POR SE 1/2, LOT 34, BLOCK 11 IRVINE'S SUBDIVISION I/88, M.R. 84.069302 O.R. ,541m (5.06') 1~) A = 04'27'36" R = 145.666m (¢72.00') L I 1.199m (36.74/) (~ A = o1'56'58" R = 145.866m (472.00') L 4.979m (16.54') PREPARED UNDER THE DIRECTION OF 31.983m (10¢.93') N49°19'05"W 73.478m (241.07-:-)~-- (NS0°04'22"W PER 2759/48 O.R.) EUGEN~- SHAFFER, ~.~."'~/.~.,~ DATE LICENSE EXPIRES, 9/,30//',~?'~ CITY OF TUSTIN RIGHT-OF-WAY EXHIBIT. "B" APN # 432-042-05 ,~.N. ~'26.0,~ 07/2~/99 tO:4. l:Ot FILE . 43204205.DWG DRAWN BY: EA SCALE CONTAINING · CHECKED BY: 1:400 DATE: 6/99 214.5m"2 (2,509 SF) JRB