HomeMy WebLinkAboutCC 3 MAINT OF LOT 05-17-93_ COASI';A'f CAI, b;,^dDil: Sil.
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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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