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HomeMy WebLinkAboutCC 3 MAINT OF LOT 05-17-93_ COASI';A'f CAI, b;,^dDil: Sil. i-1 7-9 S 4 uATE: MAY 17, 1993 inter - Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: MAINTENANCE OF LOT K (PASEO AREA) OF TRACT NO. 13627 RECOMMENDATIONS: It is recommended, at the City Council meeting of May 17, 1993, that the Mayor be authorized to execute the attached quit claim deed and authorize the City Clerk to record the attached easement deed. FISCAL IMPACT• This will result in a very minimum decrease in the 1972 Landscape and Lighting District yearly maintenance costs associated with this parcel. BACKGROUND: Lot K was conditioned on Tentative Tract No. 13627 as a paseo for public access between Jamboree Road and Pioneer Road with maintenance being provided through the 1972 Landscape and Lighting District. Due to the difference in elevation between Lot K and the residential development to the north (Tract No. 14576), the maintenance responsibilities along the common slope will be shared by the adjacent Homeowners Association and the Landscape and Lighting District. In order to better define the areas of responsibility, the adjacent Homeowners Association has requested that they maintain the entire slope area and the Landscape and Lighting District be responsible for the sidewalk and the remainder of the landscape to the southerly side of the sidewalk within Lot K. DISCUSSION• The original maintenance easement will be canceled upon recordation of the attached quit claim deed and the new maintenance easement will be created upon recordation of the attached easement deed and these two documents will be recorded concurrently. Robert Ledendecker Jerr Otteson Director of Public Works/ Associate Civil Engineer City Engineer RL:J0:ccg:11adj932 WHEN RECORDED MAIL TO: A -M HOMES 7 UPPER NEWPORT PLAZA NEWPORT BEACH, CA 92660 ATTN: RHONDA HEACOCR (SPACE ABOVE FOR RECORDER'S USE ONLY) DOCUMENTARY TRANSFER TAX $.............. ...Computed on the consideration or value of property conveyed; OR ...Computed on the consideration or value less liens or encumbrances remaining at time of sale. UNDERSIGNED GRANTOR Signature of Declarant or Agent deter- mining tax - Firm Name QUIT CLAIM DEED OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the City of Tustin, a municipal corporation, does hereby remise, release and quit claim to A -M Homes, a California limited partnership, all of its right, title and interest in and to that certain Easement Deed dated December 2, 1992 and recorded on December 10, 1992 as Instrument No. 92-847493. IN WITNESS WHEREOF, this instrument has been executed this day of , 1993. City of Tustin, a municipal corporation By: (acknowledgement next page) C:\UP51\00C\EDTUS2.AM/GML/April 9, 1993 Its: STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared 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. C:\WP51\D0C\EDTUS2.AM/GML/Apri1 9, 1993 RECORDED AT THE REQU OF AND WHEN RECORDED MAIL T� City of Tustin 15222 Del Amo Avenue Tustin, California 92600 Attn: Mr. Robert Ledendecker (Space Above For Recorderts Use Only) DOCUMENTARY TRANSFER TAX $.............. ...Computed on the consideration or value of property conveyed; OR ...Computed on the consideration or value less liens or encumbrances remaining at time of sale. UNDERSIGNED GRANTOR Signature of Declarant or Agent deter- mining tax - Firm Name EASEMENT DEED For good and valuable consideration, the receipt of which is hereby acknowledged, A -M Homes, a California limited partnership, ("Grantor") owner of the real property described on Exhibit "A" attached hereto (the "Real Property"), hereby grants to the City of Tustin, a municipal corporation ("Grantee"), its agents, contractors and employees, a non-exclusive easement and right-of- way over that certain portion of the Real Property depicted on Exhibit "B" attached hereto for the purposes of access, ingress and egress to maintain the landscaping and irrigation system on said easement area as depicted on Exhibit "B" attached hereto. Said easement shall burden the property described in Exhibit "A" attached hereto, and shall automatically encumber said property, whether or not stated in the deed conveying such interest. IN WITNESS WHEREOF, this instrument has been executed this 30th day of April , 1993. A -M HOMES, a California limited partnership By: PGC HOLDINGS, INC., a California corporation, Its General Partner Its• Au ho "zed Agent (Title) (acknowledgement next page) C:\WP51\D0C\EDTl1S2.AM/GMl/Ap11l 1< STATE OF CALIFORN COUNTY OF ORANGE ss. ) On April 30 , 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared Rhonda L. Heacock personally known to me (or proved to me on the basis of satisfactory evidence) to be the personQK whose nameC&q is/ L4 subscribed to the within instrument and acknowledged to me that ):W/she/ gg executed the same in hAWher/ADUM& authorized capacity ($)§&), and that by M/her/MgTi7 signature g) on the instrument the person(g) or the entity upon behalf of which the person M acted, executed the instrument. WITNESS my hand and official seal. C=AWP51VDOCAEDIUS2_AM/ GML/April 9, 1993 T .L.:.t.. MARGARET M. KOENIG 3Comm. # 964639 NOTARY PUBLIC - CALIFORNIA Orange Ccunry My Comm. Fxairm Feb. 15, 1997 EXHIBIT "A° DESCRIPTION Or REAL PROPERTY COMMON AREA LOTS: Lot M of Tract No. 13627 as shown on a Map filed in Book 644, Pages 1 through 20, inclusive, of Miscellaneous Maps, Records of Orange County, California; and Parcel 6 as shown on Exhibit "B" attached to that certain Lot Line Adjustment No. 91-3 recorded October 23, 1991, as Instrument No. 91-578678 of Official Records; and Parcel 2 as shown on Exhibit "B" attached to that certain Lot Line Adjustment 93-2 recorded April 27, 1993, as Instrument No. 93-0277793 of Official Records. 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