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'0.059-TITLE PAGE(R7/95)
RESOLUTION 02-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA FINDING THAT THE ACQUISITION OF A PORTION OF
ASSESSOR'S PARCEL NOS. 500-021-02 AND 04 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 Nos. 500-021- .
02 and 04 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 Nos. 500-021-02 and 04, 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 Nos. 500-021-02 and 04 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 Nos. 500-021-02
and 04 is needed is for the widening of an existing roadway, to wit, Red
Hill Avenue within the City of Tustin.
Resolution No. 02-119
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 Nos. 500-021-02 and 04, its address being 1542 El Camino Real,
at the southeast corner of Red Hill Avenue and El Camino Real, 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. 02-119
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:
~~ M~. Thomas, Mayor
I'erk .....
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 02-119
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-
119 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
BEING A PORTION OF PARCEL MAP 99-197, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE
OF CALIFORNIA. AS SHOWN ON.A MAP FILED IN BOOK 315 PAGES 8-10 OF PARCEL MAPS,
RECORDS OF SAID ORANGE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF RED HILL AVENUE AND EL CAMINO REAL
AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF SAID RED HILL AVENUE
'SOUTH 40°41'23" WEST, 21.342 METERS (70.02 FEET); THENCE LEAVING SAID CENTERLINE AT .
RIGHT ANGLES SOUTH 49°18'37" EAST, 16.572 METERS (54.37 FEET) TO A POINT ON THE
NORTHWESTERLY BOUNDARY OF SAID PARCEL MAP 99-197 SAID POINT ALSO BEING A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RED HILL AVENUE AS ESTABLISHED BY DEED
RECORDED FEBRUARY 19, 1992 AS INSTRUMENT NO. 92-097801 OF OFFICIAL RECORDS OF SAID
COUNTY; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE
NORTHWESTERLY AND SOUTHWESTERLY BOUNDARY OF SAID PARCEL MAP THE FOLLOWING
COURSES; SOUTH 37°16'24'' WEST 25.881 METERS (84.91 FEET), SOUTH 19o20'02'' EAST, 14.219
METERS (46.65 FEET). SOUTH 45038'27'' EAST, 5.752 METERS (18.87 FEET); THENCE LEAVING THE
SOUTHWESTERLY BOUNDARY OF SAID PARCEL MAP NORTH 01°58'12" WEST 21.891 METERS ·
(71.82 FEET) TO A LINE PARALLEL WITH AND 21.336 METERS (70 FEET) SOUTHEASTERLY FROM
THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 40°41'23"
EAST 17.209 METERS (56.46 FEET); THENCE 'LEAVING SAID PARALLEL LINE AT RIGHT ANGLES TO
SAID CENTERLINE OF RED HILL AVENUE NORTH 49°18'37" WEST 4.764 METERS (15.63 FEET) TO
THE POINT OF BEGINNING.
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
SOUTHWESTERLY 15.240 METERS (50.00 FEET) OF THAT CERTAIN COURSE HEREINABOVE
DESCRIBED AS HAVING A LENGTH OF 17.209 METERS (56.46 FEET).
THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 197.1 SQUARE METERS (2,122 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.
EUGEN~SHAFFER, L.S. 46~//4~--
LICENSE EXPIRES ~/
DATE
\\10.20.0.55\Projects\aslce~226.04\LEGALS\50002104_REV.DOC 07/16~02
N45°38'27"W
5.752m (1
919m ('58 79
2.16Sm
N19'19'57"W 14.219m (4665')
PER 92-097801 O.R.
AP NO, 500-021-04
RIGHT OF WAY--
z
21.336m (70')
.I
f' I 1 I'1 I I VEH,CULAR ACCESS RIGHTS
~-~,.Q~.s~Eo TO ~E c.~'
OF TUSTIN
PREPARED UNDER THE DIRECTION OF
E~ZI~:NE A. SHAFFE~Z/~.S. 4644 DATE
LICENSE EXPIRES /
CITY OF TUSTIN
RIGHT-OF-WAY "EXHIBIT B"
APN # 500-021-04
DRAWN BY: MDM I CHECKED BY: JRB
SCALE 1:300] DATE: 9/01
CONTAINING · 197.1 m"2 (2,122 SF)
J.N. 226.04 5/08/02
FI~E - .50002104_R['V.{W/G
"EXHIBIT "A"
LEGAL DESCRIPTION ·
BEING A PORTION OF PARCEL MAP 99-197, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE
OF CALIFORNIA. AS SHOWN ON A MAP FILED IN BOOK 315 PAGES 8-10 OF PARCEL MAPS,
RECORDS OF. SAID ORANGE COUNTY MORE PARTICULARLYDESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF RED HILL AVENUE AND EL CAMINO REAL
AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF SAID RED HILL AVENUE
SOUTH 40°41'23" WEST, 21.342 METERS (70.02 FEET); THENCE LEAVING SAID CENTERLINE AT
RIGHT ANGLES SOUTH 49°18'37" EAST, 16.572 METERS (54.37 FEET) TO A POINT ON THE
NORTHWESTERLY BOUNDARY OF SAID PARCEL MAP 99-197 SAID POINT ALSO BEING A POINT ON
THE SOUTHEASTERLY RIGHT-OF,WAY LINE OF RED HILL AVENUE AS ESTABLISHED-BY DEED
RECORDED FEBRUARY 19, 1992 AS INSTRUMENT NO. 92-097801 OF OFFICIAL RECORDS OF SAID
COUNTY; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE
NORTHWESTERLY AND SOUTHWESTERLY BOUNDARY OF SAID PARCEL MAP THE FOLLOWING
COURSES; SOUTH 37°16'24'' WEST 25.881 METERS (84.91 FEET), SOUTH 19020'02'' EAST, 14.219
METERS (46.65 FEET). SOUTH 45038'27'' EAST, 5.752 METERS (18.87 FEET); THENCE LEAVING THE
SOUTHWESTERLY BOUNDARY OF SAID PARCEL MAP NORTH 01 °58'12" WEST 21.891 METERS
(71.82 FEET) TO A LINE PARALLEL WITH AND 21.336 METERS (70 FEET) SOUTHEASTERLY FROM
THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 40°41'23"
EAST 17.209 METERS (56.46 FEET); THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES TO
SAID CENTERLINE OF RED HILL AVENUE NORTH 49°18'37'' WEST 4.764 METERS (15.63 FEET) TO
THE POINT OF BEGINNING.
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
SOUTHWESTERLY 15.240 METERS (50.00 FEET) OF THAT CERTAIN COURSE HEREINABOVE
DESCRIBED AS HAVtNG A LENGTH OF 17.209 METERS (56.46 FEET).
THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 197.1 SQUARE METERS (2,122 SQUARE
FEET), MORE OR LESS.
SUBJECT TOANY 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.
EUGEN~SHAFFER, L.S. 46/4//~ DATE
LICENSE EXPIRES ~'
\\10.20.0.55\P rojects\aslce~26.04\LEGALS\50002104_REV.DOC 07116/02
N45°38'27"W
5.752m (1
AP NO. 500-021-04
RIGHT OF WAY--
919m ('58 79
2.168rn~ ("'~'9
N49°18'37"W
4.764m (1
N19'19'57"W 14.219m (46.65')
PER 92-097801 O.R.
Z
21.536m (70')
t2.192m (40')
L'I I I I I IVEHICULAR ACCESS RIGHTS
RELINQUISHED TO THE CITY
OF TUSTIN
P.O.C.
C AMINO_REAL~
PREPARED UNDER THE DIRECTION OF
¢ E A. SHAFFE~,/,/~.S. 4644 DATE
LICENSE EXPIRES :/~
CITY OF TUSTIN
RIGHT-OF-WAY "EXHIBIT B"
APN # 50'0-021-04
J.N. 225.04 5/08/02
F~.E . 50002tO4_R~.DWO
DRAWN BY: MDM CHECKED BY: JRB
SCALE 1:500 DATE: 9/01
CONTAINING - 197.1 m"2 (2,122 SF)
AGREEMENT TO PURCHASE REAL PROPERTY
1542 EL CAMINO REAL TUSTIN, CALIFORNIA
THIS AGREEMENT is entered into this day of ,20 ., by
and among the City of Tustin, a municipal corporation (hereinafter "City"),, and Elizabeth
S. Pankey, Trustee (hereinafter "Seller-).
RECITALS
1. Seller owns improved real property at 1542 El Camino Real, 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 Sixty Five Thousand Seven Hundred Eighty Two
and No/100 Dollars ($65,782.00). 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
!
12/03/02
incorporated herein by this reference, and shall deposit the deed with the Escrow Officer.
Subject to the conditions described in Section 8, City shall deposit into escrow the sum set
forth in Section 1 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
govemmental 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
12/03/02
holding, whether or not appearing in public records, with respect to the Property or any
improvements on the. Property.
Section 7. Environmental Compliance
A. Seller' s Compliance. Seller warrants and represents that Seller has
no actual knowledge of environmental problems other than those listed in section 7(b)
below, during the time in which Seller.has owned the Property, Seller has not 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 material's, whether injurious by themselves
or in combination with other materials. 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
add 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.
B. Disclosure of Known and Hazardous Materials Releases. Seller hereby
disCloses to Buyer that Seller has knowledge of the following hazardous, material releases
by former tenants of the Property or adjoining properties owned and leased by Seller
("Disclosed Hazardous Materials Releases-).
(1) The Property was used as a gas station by sub-tenant of Chevron
Oil Company for approximately twenty five (25) years. Underground releases of hazardous
substance occurred and the Property underWent soil remediation at Chevron' s direction.
No remediation was undertaken by Chevron for potential groundwater MTBE
contamination.
(2) The ExxonMobil station located to the North of the Property is
completing site characterization for Hazardous Materials, some of which contamination may
have migrated on or Under the Property. ExxonMobil' s environmental consultants are in
the process of installing groundwater monitoring wells adjacent to the Property as part of
its ongoing site characterization effort.
(3) On October 10, 2001, Seller received notification under California
Health and Safety Code Section 25359.7 from Equilon Enterprises, LLC that the Shell
Service Station located to the NorthNVest of the Property at 13891 Redhiil Ave, Tustin, CA,
has been the site of release of Hazardous Materials. To Seller's knowledge, no site
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12/03/02
characterization has been taken by Equilon with the respect to the extent and limits of the
contamination described in.the aforementioned notice.
Buyer specifically acknowledges and agrees that Seller is selling and Buyer is
purchasing the Property on an "as-is- basis with respect to the foregoing Disclosed
Hazardous Materials Releases and that Buyer will make its oWn review and investigation
of these matters and shall solely be responsible for determining the current environmental
condition of the Property, including the continued existence of Hazardous Material on or.
under the Property.
C. It is understood between the Buyer and Seller that nothing in this
agreement shall limit or diminish any and all 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.
D. 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 remediation of the Property due to City's activities.
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 8.4, and .no breach of representations, as described
in Section 8.5.
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 detinquent, 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.
12/03/02
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 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. 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.
12/03/02
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 attomeys' 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
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. Binding on Successors.
Except as otherwise' provided herein, this Agreement insures 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.
12/03/02
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.
Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey ¢ J/~/ 0
City Attorney
By:
SELLER
Eliz~Ceth S. Pankey, Trustee
12/03/02
EXHIBIT A
Legal Description of Property
17_J03/02
"EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL MAP 99-197, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE.
OF CALIFORNIA. AS SHOWN ON A MAP FILED-IN BOOK 315 PAGES 8-10 OF PARCEL MAPS,
RECORDS OF SAID ORANGE'COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF RED HILL AVENUE AND EL CAMINO REAL-
AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF SAID RED HILL AVENUE
SOUTH 40°41.'23" WEST, 21.342 METERS (70.02 FEET); THENCE LEAVING SAID CENTERLINE AT
RIGHT ANGLES SOUTH 49°18'37" EAST, 16.572 METERS.(54.37 FEET) TO A POINT ON THE
NORTHWESTERLY BOUNDARY OF SAID PARCEL MAP 99-197.SAID POINT ALSO BEING A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RED HILL AVENUE AS ESTABLISHED BY DEED
RECORDED FEBRUARY 19, 1992 AS INSTRUMENT NO. 92-097801 OF OFFICIAL RECORDS OFSAID
COUNTY; SAID POINT ALSO 'BEING THE POINT OF BEGINNINg; THENCE ALONG THE
NORTHWESTERLY AND SOUTHWESTERLY BOUNDARY OF SAID PARCEL MAP THE FOLLOWING'
COURSES; SOUTH 37°16'24" WEST 25.881 METERS (84.91 FEET), SOUTH 19°20'02'. EAST, 14.219
METERS (46.65 FEET). SOUTH 45°38'27.. EAST, 5.752 METERS (18.87 FEET); THENCE LEAVING THE
SOUTHWESTERLY BOUNDARY OF SAID .PARCEL MAP NORTH 01058'12" WEST 21.891 METERS
(7.1.82'FEET) TO A LINE PARALLEL WITH AND 21.336 METERS (70 FEET) SOUTHEASTERLY FROM
THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 40°41'23"
EAST 17.209 METERS (56.46 FEET); THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES TO
SAID CENTERLINE OF RED HILL AVENUE NORTH 49°18'37" WEST 4.764 METERS (15.63 FEET) TO
THE POINT OF BEGINNING.
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
SOUTHWESTERLY 15.240 METERS (50.00 FEET)'OF THAT CERTAIN COURSE HEREINABOVE
DESCRIBED AS HAVING'A LENGTH OF 17.209 METERS '(56.46 FEET).
THE ABOVE DESCRIBED .AREA CONTAINS AN AREA OF 197.1 SQUARE.METERS (2,122 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.
EUGEN~SHAFFER, L.S. ~
LICENSE EXPIRES 4~
DATE
\\10.20.0.55\Projects\aslce~_26.04\LE GALS\50002104_REV.DOC 07/16/02
N 45°38'27"W
5.752m (18
I'1
AP NO. 500-021-04
9m ('58.79
2.168m (39.
RIGHT OF WAY--
P. Mo ~0
N19'19'57"W 14.219m (46.65')
PER 92-097801 O.R.
'k
\
z
.1
21.3,36m (70')
/
VEHICULAR ACCESS RIGHTS
RELINQUISHED TO THE CITY
OF TUSTIN
I
/
/
/
_/
EL CAMINO
OB
12.192'm (40') _ I
I
I S49o.18'37"E'
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REAL~
PREPARED UNDER THE DIRECTION OF
EII~NE A~--SHAFFE~,/
ZS.
4644
DATE
LICENSE EXPIRES / I---
J
CITY OF TUSTIN
RIGHT-OF-WAY "EXHIBIT B"
APN # 500-021-04
DRAWN BY: MDM CHECKED BY: JRB
SCALE 1:300 DATE: 9/O1
CONTAINING : 197.1 m"2 (2,122 SF)
J.N. 22B.04. 5/08102