HomeMy WebLinkAbout07 VACATION OF EASEMNT 12-16-96AGENDA
DATE:
DECEMBER 16, 1996
TO'
WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINFERING DMSION
SUMMARY VACATION OF A PORTION OF AN EXISTING pUBLIC SERVICE
SUBJECT: EASEMENT ALONG LOTS 34-43 INCLUSIVE AND A PORTION OF LOT H; TRACT
NO. 15292 (GREYSTONE HOMES)
RECOblMENDATION
It is recommended that the Tustin City Council, at their meeting of December 16, 1996, adopt Resolution
No. 96-122 which vacates a portion of an existing storm drain easement located in Tract No. 15292. It is
also recommended that the City Council approve and authorize the Mayor to sign Amendment No. 1 to the
"Operation and Maintenance Easement Agreement", to exclude this property from the Agreement.
FISCAL IMPACT
No Fiscal impact.
BACKGROUND
The existing easement provides an area for storm drain system improvements. However, the developer has
installed a new storm drain system in the Thorman Place street area which fronts on Lots 34 - 43,
inclusive, and Lot H. This new construction has replaced a section of the original drainage system that
traversed the rear of Lots 34-43, and Lot H. This section of the original storm drain facility has been
removed and disposed of. Thus, this section of the original easement, along with its operation and
maintenance thereof, is no longer needed. No other public facilities are located within the original
easement.
The summary vacation will remove the storm drain encumbrance from the individual lo% and the
corresponding Amendment to Operation and Maintenance Easement Agreement, executed on August 21,
1991, by the City and the Irvine Company, will eliminate this area from the agreement.
The following is an anticipated schedule for this vacation proc~ure:
December 16, 1996 - City Council adopts Resolution No. 96-122 vacating
the easement and approves execution of Amendment
No. 1.
December 17, 1996
City Clerk causes Resolution of Vacation to be
recorded.
Before December 31, 1996 -
Tim D. Serlet ~
Director of Public Works/City Engineer
TDS-JO:k~:COUNCR7~ aa Tract No. 15292
Anndmlems
City Clerk causes Amendment No. 1 to be recorded.
'~('~~
M. Jffd3estine
Assistant Civil Engineer
Associate Civil Engineer
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RESOLUTION NO. 96-122
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA VACATING A PORTION OF AN
EXISTING PUBLIC SERVICE EASEMENT RECORDED ON
NOVEMBER 1S, 1991, AS INSTR~ NO. 91-625668,
RUNNING AI~NG LOTS 34-43 AND LOT H OF TRACT NO.
15292, AS SHOWN ON A MAP FIEI.D IN BOOK 737, PAGES
18-21, OF MISCEI.LANEOUS MAPS, RECORDS OF
co , C Lgvoamn
8 WHEREAS, a public service easement for storm drains recorded November 15, 1991,
as Instrument No. 91-625668, ran along the back of Lots 34 - 43, and Lot H which front
9 on Thorman Place, in Tract No. 15292, more generally located between Jamboree Road
and Pioneer Road; and
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WHEREAS, the portion of the easement that ran along the back of Lots 34-43, and
11 Lot H and the associated facilities have been relocated approximately fifty-five (55) feet
12 northerly into a new utility easement as dedicated to the City of Tustin on the map of
Tract No. 15292, in Thorman Place, a private street; and
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WHEREAS, this certain portion of the easement, owned by the City of Tustin, has
been superseded by relocation and no longer needed by the public;
WHEREAS, there are no other public facilities located within this portion of the
; and
WHEREAS, Chapter 4 of the California Streets and Highways Code permits the
17 summary vacation of public service easements under the circumstances designated above.
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NOW, THEllEFO~, BE IT RESOLVED by the City Council of the City of Tustin
as follows: - -
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That the project is categorically exempt from Califomia Environmental Quality
Act requirements.
That portion of an existing public service easement which runs along Lots 34-
43, inclusive, and Lot H of Tract 15292 as described in Exhibit "A" and
shown on Exhibit "B' attached hereto and incorporated herein by this reference
and on file in the office of the City Clerk is hereby vacated.
3. That this vacation resolution is adopted pursuant to Chapter 4 of the Streets and
Highways Code.
That from and after the date this resolution is recorded, that portion of the
public service easement vacated, no longer constitutes a public service
easement; and
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That the City Clerk shall cause a certified copy of the resolution of vacation,
attested by the Clerk under seal, to be recorded without acknowledgment in the
office of the Orange County recorder.
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PASSEl) AND ADOFI'EI) at a regular meeting of the City Council of the City of
Tustin held on the 16~ day of December, 1996
Tracy Wills Wofley, Mayor
ATTF~T:
City Clerk
16:00 17145@G586G BENDER
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PAGE
02
NOVEMBER 8, 1996
127.251
QUIT CLAIM EASEMENT
THAT PORTION OF TRACT NO. 15292 IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CAlifORNIA, AS SHOWN ON A MAP ~ IN BOOK 737,
PAGES 18 THROUGH 21, INCLUSIVE, OF MISCI~.ILANEOUS MAPS, RECORDS IN TtIE
OFFICE OF //-IH COUNTY RECO~~ OF SAID COUNTY OF ORANGE, MOR]~ ·
PARTICULARLY DEsCR/BED AS FOLLOWS:
THE STORM DRA/N EASEM~-NT GRANTED TO THE ClTY OF TUSTIN BY
INSTRUMENT RF~ORDF. D NOVF-A~ER 15, 1991 AS INSTRUlVIFAqT NO. 91-625668'OF
OFFICIAL R.ECO~S OF SAID COUNTY. DESCRIBED AS FOLLOWS:
THOSE PORTIONS LYING WITHIN LOTS 34 THROUOH 43, INcLusIvE, AND'THE.
PORTION WlTHIN LOT H OF SAID TRACT NO. 15292.
MORE PARTICULARLY SHOWN ON F.,~IT 'B" ATTACHED I~.~O AND MADE
A PART ~OF.
DOUGLAS Wi. BEN'D~, RCE 28946
EXP~ MARCH 31, 1999
11_88/1996
1G:08
171458G58GG
BENDER
EXHIBIT
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P~,GE
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SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
Recording requested by
and when recorded return to:
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Attention: Tim Serlet, City Engineer
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(Space above for Recorder's Use)
AMENDMENT NO. 1 TO OPERATION AND
MAINTENANCE EASEMENT AGREEMENT,
(RECORDED NOVEMBER 15, 1991, AS
INSTRITMENT NO. 91-625668) TO EXCLUDE
PORTIONS OF REAL PROPERTY FROM
PROVISIONS OF THE AGREEMENT
This AMENDMENT NO. 1 TO OPERATION AND MAINTENANCE EASEM~ENT
AGREEMENT ("Amendment No. 1") is entered into and effective as of December 16, 1996, by and
between THE IRVINE COMPANY, a Michigan Corporation ("TIC") and the City of Tustin, Municipal
Corporation ("City").
RECITALS
1. The City and TIC entered into the Operation and Maintenance Easement Agreement on
August 21, 1991. The Agreement was recorded on November 15, 1991, with the Orange County
Recorder as Instrument No. 91-625668. (hereinafter "the Agreement")~
2. The Agreement affects a portion of Lots 34-43, and Lot H of Tract No. 1 5292, which real
property is also within a storm drain easement recorded November 15, 1991, as part of Instrument No. 91-
625668, of the official records of the County of Orange.
3. The parties to the Agreement desire to amend the Agreement to exclude portions of Lots
34-43, and Lot H of Tract No. 15292, from the provisions of the Agreement, as they are no longer part of
the storm drain easement, or the storm drain system which has been relocated.
NOW THEREFORE, based on the above recitals and the mutual promises and covenants herein,
the. parties agree as follows:
AGREEMENT'
1. The property described in Exhibits A and B, attached hereto and incorporated herein by
reference, is hereby excluded from the provisions of the Agreement.
2. Except as provided in this Amendment No. 1, all other provisions of the Agreement shall
remain in flail force and effect.
3. This Amendment No. 1 constitutes the entire Agreement between the parties as to the
subject matter herein and supersedes all prior discussion, negotiations, and oral agreements.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1.
THE IRVINE COMPS,
a Michigan Corporation
By:
Name:
Title:
By:
Name:
Title:
THE CITY OF TUSTIN,
a California Municipal Corporation
By:
TRACY WILLS WORLEY, MAYOK
ATTEST:
By:
CITY CLERK
APPROVED AS TO FORM
By:
LOIS E. JEFFREY
City Attorney
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
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) SS:
)
On this day of , 19 , before me,
,, Notary Public, personally appeared
Name(s) of Signer(s)
personally known to me - OR
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
NOTARY SEAL
Signature of Notary
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document:
Number of Pages: Date of Document:
Signer(s) Other Than Named Above:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
)
) SS:
)
On this
day of
, 19, , before me,
, Notary Public, personally appeared
Name(s) of Signer(s)
personally known to me - OR
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
NOTARY SEAL
Signature of Notary
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorneyqn-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other:
SIGNER IS REPRESENTING-
Name of Person(s) or Entity(ies)
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document:
Number of Pages: Date of Document:
Signer(s) Other Than Named Above: