HomeMy WebLinkAbout10 TUST RCH RD INTCHG 07-06-92a 11
CONSENT CALENDAR NO. 10
7-6-92
Inter -Com
TE: JULY 6, 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: TUSTIN RANCH ROAD INTERCHANGE - RIGHT-OF-WAY CONTRACT
RECOMMENDATION
That the Tustin City Council approve the Right-of-way Contract -State
Highway for the Tustin Ranch Road Anterchange and authorize the Mayor to
execute said document on behalf of the City, subject to the review and
final approval of the City Attorney's office.
BACKGROUND
On May 4, 1992 the City Council authorized two actions pertaining to the
subject Tustin Ranch Road project as follows:
Authorization of the recordation of a grant deed from the
Laurelwood Homeowners Association which transferred title of
land utilized for the Tustin Ranch Road interchange to the
City.
Approve the transfer of property granted by Laurelwood
Homeowners as outlined above to the State of California.
The property in question was a portion of the old Laurelwood R.V. Storage
Lot, which has since been replaced with the construction of.a new R.V..
storage lot in a portion of the old abandoned Atchison, Topeka and Santa
Fe Railway right-of-way.
DISCUSSION
The attached document is a Caltrans generated right-of-way contract for
a State Highway which is required in all Caltrans acquisitions of
properties for State Highway purposes.
The contract pertains only to the property that was transferred from the
City to the State of California in document No. 7319 (copy attached) and
sets forth the considerations numbered one' through six as outlined in the
contract.
The City Attorney's office is currently reviewing this contract and staff
is requesting the City Council approve the subject contract subject to
review and final approval of the City Attorney's office.
Robert S. Ledendecker
Director of Public Works/City Engineer
RSL:klb:RTWAY
Attachments
:.alifornia
7
19.
Grantor(s)
gist_ i Co_ 1 Rte_ r P -M_ I E_A_ I
12 CRA ; 5 28.5 065489
RIGHT OF WAY CONTRACT -- STATE HIGHWAY
Document No. 73719 in the form of a GRANT DEED
covering the property particularly described therein has been executed and
delivered to LOU VALLE Right of Way Agent for the State of
California.
In consideration of which, and the other considerations hereinafter set
forth, it is mutually agreed as follows_ ,
1_ The parties have herein set forth the whole of their agreement. The
performance of this agreement-onstitutes the entire consideration for said
document and shall relieve the State of all further obligation or claims on
--this account, or on account of the locations, grade, or construction of the
,oposed public improvement_
2_ The State shall:
(A) Accept deliver; of property or interest conveyed by above
document(S) and record same when title can be vested in the
State free and clear_
(B) Pay all escrow and recording fees incurred in this transaction
and, if title insurance ie desired by the State, the premium
charged therefor_
3_ In consideration of 'E.1 -le State's waiving the defects and
imperfections in the reccrd title, the undersigned grantor
covenants and agrees tc indemnify and held the State of (.7aliforni-.
harm.leCs from any end ali -Maims that other parties may mare
assert on the tit1ee t the premises_ The g'rantor's obligation .o
indemnifv the State shall not exceed t?:e amount r_,aid to the
grantor under th
under- V V V. V
4_ 1t 1= '.indeY-c��. �� �:: __" `�3 tha t1�e rr,ner4�� T.�.z.or�' �jy' -cum nr
" � J am. � p L n-_ ,
NT S+ _ 7v71Q i� 100.:1? -='_ia -ed to the .Stat_.•c by the '. riders i `r� ,
Y antor
_Ln i t fated tj-, 4 - ^e :at i �:-. n--
iY'form._..di �y t ' is ter• '�C -,ti• ,art �� ui._;rr
hereby .Naives nuc:-- r - _ � _o COM-_ensat i -2n
The undersigned grantors) hereby agree(s) and consent(S) tc the
dismissal of any eminent domain action in the Superior Court wherein
the herein described land is included and also waive(s) any and all
claims to any money that may now be on deposit in said action_
6_ It is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contract, the right of
possession and use of the subject property by the State, including
the right to remove and dispose of improvements, commenced October
16, 1989 and that the amount shown in Clause 2(A) herein includes,
but is not limited to, full payment for such possession and use,
including damages, if any, and interest from said date_
in WITN'E'SS WHEREOF. the parties have executed thi.� agreement the da;r
and year first above written_
Recommended for Approval:
By
By
Lou Valle
Right of Way Agent
Larry Stet ens, Senior
Acauisiti_n Branch B
Grantor(.-)
STATE OF CALIFORNIA
Department of Transportation:
By.
Allan Goldstein, Branch. Ch ie f
Acqui.-ition, Relocation &
Property Services
Of f ice of Right of W.a
Date:
Written bytGH Checked byt M
#266j
GRANT DEED
(CORPORATION)
LINE FOR RECORDER'S USE
DISTRICT
COMM
ROUTE
`POST ME
NUMBER
07
ORA
1 5
28.5
73719
a corporation organized and existing under and by virtue of the laws of the State of
does hereby GRANT to the STATE OF CALIFORNIA all that real property in the
City of Tustin,
County of Orange , State of California, described as:
That portion of. Lot A and those portions of Recreational 1k Vehicle
Storage Lots designated as 15 -RV to 37 -RV inclusive as shown on map of
Tract No. 8029, recorded in Book 331, page 37 to 42 inclusive of
Miscellaneous Maps in the office of the County Recorder of said county.
lying Northeasterly -of the following described line:
Beginning at a point in the Northwesterly line of Lot 37 in
Block 45 of Irvine's Subdivision, as per map recorded in Book 1, Page
bg of miscellaneous Record Maps, in said office, distant along said
line S 40* 42' 55" Wr 110.69 feet from the Northerly corner of said
Lot 37; thence leaving said Northwesterly line S 49* 20' 33" E, 40.00
feet to a line parallel with and distant Southeasterly 40.00 feet,
OSP
FORM RW 02-3 (REV. 12-82)
aeasured at right angles, from said Northwesterly line, said parallel
line being Lhe Southeasterly line of land conveyed to the City of
Tustin for street and highway purposes by deed recorded January 15,
1970 in BooK 9191, page 945 of Official Records in said 'office; thence
along said parallel line S 40* 42' 55a W, 25.00 feet; thence
S 49" 20' 33" E, 355.00 feet; thence S 44" 281 25" E, 507.91 feet to
that certain course in the general rvortheasterly line of said Tract
No. 8029 having a bearing- and distance of ON 28° 08' 50* Wt 243.45
feet" as shown on the reap of said tract.
This conveyance is made for the purposes of a freeway and the
grantor hereby releases and relinquishes to the grantee any and all
abutter's rights, including access, rights, appurtenant to grantor's
remaining praperty., in and to saij freeway.
EXCEPT all oil, oil rights, minerals, mineral rights, Natural gas
.rights, and other hydrocarbons by whatsoever name known that may be
within or under the land hereinabove described together with the
ght of drilling, mining, exploring and operating therefore
Perpetual ri
and storing i_^z and removing the same fr: m said land or any other land,
including the right to whipstock or directionally drill * anr3! mine from -
lands other than those hereinawve described, oil or gas sells,
tunnels and shafts intor through or across the subsurface of the land
hereinabove described and to bottaw: such whipstocked or directionally
drilled wells, tunnels and shaft -5 under and beneath or beyond the
exterior limits thereof, and to redrill, retunnal, equip, maintain,
repair, deepen and operate any such wells o: mines without, however,
the r i: -rt to drill, mine, sto: e, explore and operate through she
surf ace ofF the '.oyer 500 Zeeat OL the subsu.-f ;ice of the land
hareinabove described, as reserved in the deeds from the 7.rvine
coapany recorded in Book 11187, page 323 and Book 112701 page 1932 of
Offi^ial Records.
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway
on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any
and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location,
construction, landscaping or maintenance of said highway.
IN WITNESS WHEREOF. said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to
be affixed hereto, this ��'� day of , 19 9 Z—
STATE OF CALIF NIA
County of
On , before me, the
State, personally ppeared
------------
CITY SEAL]
SS.
undersigned Notary Public in and for said County and
Q'personally known to me,
❑ proved to me on the basis of satisfactory evidence,
to be the person_ who executed the within instrument as the
and , respectively, of
, and ack led - to me that the executed it.
WITNESS my hand and official seal.
Signatur
Notary Public in and for said County and State
(for notary seal or stamp)
OFFICIAL SEAL
�;- VALERI-E WHITEMAN
a • " NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires AUG 28, 199=
(CERTIFICATE OF ACCEPTANCE, GOVT. CODE, SECTION 27281)
THIs Is To CERTIFY, That the State of California, grantee herein, acting by and through the Department of
Transportation, hereby accepts for public purposes the real property, or interest therein, conveyed by the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF. I have hereunto set my hand this day of
By
,19
Director of Transportation
Attorney in Fact