HomeMy WebLinkAbout19 KATHERINE SPUR LD 04-07-03AGENDA REPORT
Agenda Item 19
Reviewed:
City Manager
Finance Director
MEETING DATE: APRIL 7, 2003
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
STATUS REPORT OF THE KATHERINE SPUR LAND
SUMMARY
The Katherine Spur land is the abandoned railroad right-of-way located between the
Tustin Meadows and Peppertree neighborhoods and the New Villa Valencia Mobile
Home Park and Laurelwood neighborhood. This report summarizes the history and
some of the issues related to the disposition of the Katherine Spur land.
RECOMMENDATION
That the City Council provide direction as deemed appropriate.
FISCAL IMPACT
No appropriation has been allocated for the Katherine Spur project. Depending upon
the Council's decision, there will be varied associated costs depending on the course of
action.
BACKGROUND
At the City Council meeting of March 3, 2003, Councilman Bone requested a status
report on the area of land referred to as the Katherine Spur. The Katherine Spur is the
abandoned railroad right-of-way located between the Tustin Meadows and Peppertree
neighborhoods and the New Villa Valencia Mobile Home Park and Laurelwood
neighborhood (Attachment 1).
The following information provides the history and issues related to the Katherine Spur.
The Katherine Spur was originally acquired from the Irvine Company in 1914 as an
easement for railroad operations. The Katherine Spur is sixty (60) feet wide and
contains four (4) easements:
City Council Report
April 7, 2003
Katherine Spur
Page 2
1. A fifteen (15) foot wide flood control easement along the westerly edge;
A ten (10) foot wide pipeline easement in favor of the San Diego Pipeline for the
Department of Navy. This pipeline runs the entire length of the railroad right-of-
way. This pipeline has been abandoned by the Department of Navy. The
Department of Navy indicated in their letter dated November 28, 2001, to Dana
Ogdon that the pipeline easement would be conveyed back to the Irvine
Company when requested by the Irvine Company. The Department of Navy will
not convey the off-base easement to the City of Tustin.
A perpetual avigation easement in and through the air above the land in favor of
Orange County for the Orange County Airport; and
An easement for road purposes over the land included within Walnut Avenue
and Sycamore Avenue.
In 1984 the City was advised by the Atchison, Topeka and Santa Fe (ATSF) Railway
Company that it intended to abandon the railroad spur (Katherine Spur) from the
Edinger Avenue (formerly known as Moulton Parkway) main line northerly and easterly
to the Irvine Company property on Jeffrey Road (Attachment 1).
After the abandonment, the spur has been left unimproved and currently is owned and
maintained by the Irvine Company. In the past, residents from Peppertree indicated
their interest in acquiring the abandoned railroad right-of-way located between Tustin
Meadows and Peppertree. This interest was pursued due to concerns related to the
abandoned railroad right-of-way, which include overgrown weeds, vandalism, trash,
burglaries, fires, gopher infestation, increase in the coyote population, etc.
In response to the residents' request, several surveys have been conducted to
consider possible use for the abandoned Katherine Spur. The responses were
negative to any type of public thoroughfare, access, or commercial use. Past
consensus was to have the Irvine Company deed the abandoned railroad right-of-way
to the adjacent property residents at no cost.
The Irvine Company, at a meeting with City staff in 1991, indicated a willingness to
convey their portion of the right-of-way with no land costs to residents if there was no
cost to the Company for any necessary subdivision or grant preparation. Recently, the
Irvine Company confirmed this willingness in their letter dated September 17, 2001
(Attachment 2).
In April 1991, a memo was drafted as a follow-up to the various meetings held by City
staff. The memo described project alternatives, costs, liabilities, and constraints
(Attachment 3). In general, there were seven (7) alternatives proposed at the time:
City Council Report
April 7, 2003
Katherine Spur
Page 3
1. Equal distribution to adjoining property owners.
2. Distribute northerly thirty (30) feet to adjoining owners and obtain southerly thirty
(30) feet (45 feet if it includes City storm drain) feet for City use.
3. Relocate jet fuel pipeline and equal distribution to adjoining property owners
(This pipeline has been scoured and filled with slurry concrete, no relocation is
necessary).
4. Private/Public Park.
5. Private tree farm.
6. Recreational vehicle parking lot.
7. Dedication as public/private street.
The cost analysis was completed using 1991 dollars. The costs ranged from $10,000
to $1.3 million. This cost analysis would need to be updated if the Council wished to
pursue a specific alternative.
DISCUSSION
Last year, residents of Peppertree once again contacted the City to pursue their interest in
acquiring a portion of Katherine Spur. In response, the Irvine Company provided the City
with a Preliminary Title Report which describes the underlying easements (Attachment 2).
The Katherine Spur consists four (4) of major segments as follows:
1. Segment 1: That portion of the Katherine Spur between Tustin Meadows and
Peppertree neighborhoods from Edinger Avenue to Sycamore Avenue
2. Segment 2: That portion of the Katherine Spur between Tustin Meadows and
Peppertree neighborhoods from Sycamore Avenue to Walnut Avenue.
3. Segment 3: That portion of the Katherine Spur between Nelson Elementary
School and Laurelwood neighborhood from Walnut Avenue to Mitchell Avenue.
Segment4: That portion of the Katherine Spur between New Valencia
Mobilehome Park and Laurelwood neighborhood from Mitchell Avenue to the
Santa Ana Freeway (Interstate 5).
Segment 1 (Between Tustin Meadows and Peppertree neighborhoods from Edinger
Avenue to Sycamore Avenue).
At the westerly side of the Katherine Spur, the City owns Lot "G" of Tract No. 6580
and Lot "A" of Tract No. 6537 in fee title. These lots vary in width from fifteen (15)
feet at most locations to twenty-one (21) feet at some locations. These lots are for
City Council Report
April 7, 2003
Katherine Spur
Page 4
storm drain purposes. In 1991, the City improved this storm drain easement from
an open channel to an enclosed eight (8) foot concrete drainage conduit. The
Public Works Department has expressed concern that the City needs to maintain
and access the storm drains regularly.
As mentioned above, residents from Peppertree indicated their interest in acquiring
the abandoned railroad right-of-way located between Tustin Meadows and
Peppertree. While some residents indicated their concerns for potential increase in
property tax, cost for building new fences or walls, and costs for administration
(titles, transfers, etc.) when the land is deeded to them, they indicated their
willingness to share portions of the costs if they are minimal.
The Peppertree neighborhood may be able to acquire portions of Katherine Spur;
however adjoining residents at Tustin Meadows may not be able to do the same
because of the required access and maintenance of the City's storm drain on the
westerly side of the Katherine Spur.
2. Segment 2 (Between Tustin Meadows and Peppertree neighborhoods from Sycamore
Avenue to Walnut Avenue)
This segment is a continuation of the Katherine Spur separating the Tustin
Meadows Neighborhood and Peppertree Development. The same situation exists
in this segment. The Public Works Department requires access to the underlying
storm drain along this segment.
The Irvine Company owns the land at the intersections of the spur and Sycamore
Avenue. Public acoess for street purposes is provided through an easement. A
dedication of street right-of-way for street purposes would be appropriate should a
subdivision map be proposed.
3. Segment 3 (Between Nelson Elementary School and Laurelwood neighborhood from
Walnut Avenue to Mitchell Avenue).
Similarly as Segment 2, the Irvine Company also owns the land at the intersections
of the spur and Walnut Avenue. Public access for street purposes is provided
through an easement. A dedication of street right-of-way for street purposes would
be appropriate should a subdivision map be proposed.
4. Segment 4 (Between New Valencia Mobilehome Park and Laurelwood
neighborhood from Mitchell Avenue to the Santa Ana Freeway (Interstate 5)).
The northerly portion of this segment is currently owned by the Laurelwood
Homeowners and is utilized as Recreational Vehicle (RV) parking area. In 1989,
the City of Tustin, the Irvine Company, Laurelwood Homeowners Association,
City Council Report
April 7, 2003
Katherine Spur
Page 5
Other
and the California Department of Transportation (Caltrans) worked together in a
land swap of the Laurelwood RV parking area located at the north end of the
Laurelwood development with a portion of the Katherine Spur to facilitate the 1-5
freeway widening project.
The southerly portion of this segment is currently owned by the New Villa
Valencia Mobilehome Estate. The City was informed recently by the New Villa
Valencia Mobilehome Estate representative of their intent to expand the
Mobilehome Park by incorporating the Katherine Spur land area.
No specific issues and concerns are noted for this segment since the entire spurs
are owned by private owners.
Issues and Concerns
Cost. Depending upon the Council's decision, there will be costs associated with
completing map, survey, transfer, title, improvements, etc. These costs have not been
allocated in the City's current budget.
Zoning and General Plan consistency. The land is currently zoned Unclassified (U)
and designated by the General Plan as Planned Community Residential. Depending
upon Council's direction, there may be a need to change the zoning and/or the land
use designation for the subject land.
Avigation easement. The Title Report indicates a perpetual air or flight easement
(avigation rights) in favor of the County of Orange. This easement is granted for use
by aircraft from or to Orange County Airport. Prior to amendment to the City's General
Plan, Zoning, and/or actions related to the easement, a notification to the Airport Land
Use Commission and the County of Orange would be required.
Storm Drain Access and Maintenance. The Public Works Department expressed their
concern related to the access and maintenance of the storm drain. Due to the size of
the underground conduit (8 feet wide diameter), access for maintenance or emergency
repair to this storm drain would require a large area to accommodate heavy
construction equipment. Therefore, unobstructed access would be necessary to
facilitate access to the storm drain. The Public Works Department suggested that the
spur be maintained as public use to ensure proper access to the City's storm drain.
Associate Planner
Elizabeth A. Bid'sack- '
Community Development Director
City Council Repot[
April 7, 2003
Katherine Spur
Page 6
Attachments:
1. Maps
2. Letter from the Irvine Company dated September 7, 2001
3. Draft Staff Memo dated April 25, 1991
S:\Cdd\CCREPORT~Katherine Spur (2).doc
Attachment 1
Katherine Spur Maps
Katherine Spur
Tustin Meadows
15' Flood Control Easement
Lot "G" Storm Drain
Owned by TIC
~---~ Owned by Laurelwood Homeownem
Owned by New Villa Valencia
Mobile Estate
Segment 1
Tustin Meadows
Pepper Tree
9~
15' Flood Control Easement
Lot "G" Storm Drain
Owned by TIC
L-~ Owned by Laurelwood Homeownem
~ Owned by New Villa Valencia
~' ' ' ' !" Mobile Estate
Segment 2
15' Flood Control Easement
Lot "G" Storm Drain
~v'~ Owned by TIC
~, Owned by Laurelwood Homeowners
Owned by New Villa Valencia
Mobile Estate
Segment 3
New Villa Valencia
Mobilehome Park
Laurelwood
Development
'15' FLood Control Easement
Lot "G" Storm Drain
Owned by TIC
~ Owned by Laurelwood Homeowners
~ Owned by New Villa Valencia
,,, !, ~ if Mobile Estate
Segment 4
Attachment 2
Letter from the Irvine Company dated September 17, 2001
IRVINE COMMUNITY DEVELOPMENT COMPANY
September 17, 2001
Ms. Justine Wilkom
City of Tustin
Community Development Department
300 Centennial Way
Tustin, CA 92780
RE: Katherine Spur Railway Line
Dear Justine:
Enclosed please find the preliminary title report along with underlying documents pertaining to the
above referenced property. I have also included a map showing all of the property you originally
inquired about - highlighting the portion of the railway line still owned by The Irvine Company
(covered by the enclosed title report) as well as the continuing portions owned by the Laurelwood HOA
and Villa Valencia Mobile Home Park.
As you know, The Irvine Company is willing to quitclaim this property "as is" to the City of Tustin.
Once you have reviewed the title report please contact me to discuss how we may proceed.
Sincerely,
Sarah K. Chaffin
Escrow Administrator
/skc
cc: Mary Westbrook (w/o enclosures)
550 Newport Center Drive, RO. Box 6370, Newport Beach, California 92658-6370 (949) 720-2000 · Fax (949) 720-2421
eo.~ no. ~o6s-t trey. ~o/1 v92) OR-2128279
Exhibit 3. to Preliminary Report TITLE OFFICER - MICHAEL C. WILLIAMS
,,,
Preliminary
Report
First American Title Insurance Company
Preliminary report OR-2128279
TITLE OFFICEP.- MICHAEL C. WILLIAMS
First American Title Insurance Company
2 First American Way, Santa Aha, California 92707
(P.O. Box 267, Santa Aha, California 92702)
(714) 800-3000
THE IRVINE COMPANY
550 NEWPORT CENTER DR.
NEWPORT BEACH, CA 92660
ATTN: SARAH CHAFFIN
YOUR NO. KATHERINE SPUR RAILWAY LINE
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT
IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE
LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A
ATTACHED. COPIES OF TEE POLICY FORMS SHOULD BE REAIX THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE
OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND
EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED
UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
DATED AS OF SEPTEMBER 6, 2001 AT 7:30 AM.
BY
MICHAEL C. WILLIAMS. TITLE OFFICER
DIRECT TELEPHONE NUMBER - 714-800-4641
FAX NUMBER - 714-800-4965
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY
(STANDARD COVERAGE).
- WITH REGIONAL EXCEPTIONS
PAGEI
OR-2128279
TITLE OFFICER -MlCHAEL C. WILLIAMS
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF tS VESTED IN:
THE IRVINE COMPANY, A DELAWARE CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID
POLICY FORM WOULD BE AS FOLLOWS:
1. TAXES, BONDS AND ASSESSMENTS NOT EXAMINED.
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCiNG WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS
THEREOF ARE NOT YET DUE OR PAYABLE.
3. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
4. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
5. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
6. A PERPETUAL AVIGATION EASEMENT iN AND THROUGH THE AIR ABOVE THE HEREIN
DESCRIBED AND OTHER LAND, AS CONVEYED TO THE COUNTY OF ORANGE BY THE IRVINE
COMPANY, BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS,
AND THE TERMS AND CONDITIONS AS SET FORTH IN SAID DEED TO WHICH RECORD REFERENCE
IS HEREBY MADE FOR ALL PARTICULARS.
7. THE EFFECT OF A MAP PURPORTING TO SHOW THE HEREIN DESCRIBED AND OTHER LAND
RECORDED IN BOOK 88, PAGE 27 OF RECORD OF SURVEYS.
8. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JANUARY 27, 1969 IN BOOK
8857, PAGE 493 OF OFFICIAL RECORDS,
iN FAVOR OF: THE CITY OF TUSTIN.
FOR: FLOOD CONTROL AND INCIDENTAL PURPOSES.
OVER: A PORTION OF THE LAND.
9. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 7, 1981 IN BOOK
140 l 1, PAGE 351 OF OFFICIAL RECORDS,
IN FAVOR OF: SAN DIEGO PIPELINE COMPANY, A CALIFORNIA CORPORATION.
FOR: PIPELINES AND INCIDENTAL PURPOSES.
OVER: A PORTION OF THE LAND.
10. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
11. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
I2. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
PAGE2
OR-2128279
TITLE OFFICER - MICHAEL C. WILLIAMS
13. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
14. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
15. AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF THE LAND INCLUDED
WITHIN WALNUT AVENUE AND SYCAMORE AVENUE, AS DISCLOSED BY THE ASSESSOR'S PARCEL
MAPS DEPICTING THE LAND.
PAGE3
OR-2128279
TITLE OFFICER - MICHAEL C. WILLIAMS
DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
TUSTiN, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 44, 53 AND 60 IN BLOCK 45 OF IRVINE COMPANY'S SUBDIVISION, AS
SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITH THE LAND DESCRIBED "FIRST" IN THE
AGREEMENT BETWEEN THE IRVINE COMPANY AND THE ATCHISON, TOPEKA AND SANTA FE
R-A. ILWAY COMPANY RECORDED AUGUST 29, 1914 IN BOOK 258, PAGE 383 OF DEEDS, RECORDS OF
SAID ORANGE COUNTY, SAID PORTION BEING BOUNDED SOUTHWESTERLY BY THE
NORTHEASTERLY LINE OF THE LAND DESCRIBED IN PARCEL NO. Fl0-102 OF THE DEED TO THE
ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED NOVEMBER 19, 1963 IN BOOK 6808,
PAGE 992 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND BOUNDED NORTHEASTERLY BY
THE NORTHEASTERLY LINE OF SAID LOT 44.
PAGE4
preimm,~ Repo,~ OR=2128279
TITLE OFFICER- MICHAEL C, WILLIAMS
WARNING
"THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND
DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PUPA:)OSE OTHER
THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS
DEPICTED, FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED
LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP".
TB
PLATS (CC&R'S, IF ANY) ENCLOSED.
NOTE: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS:
FIRST AMERICAN TRUST COMPANY
421 N. MAIN STREET
SANTA ANA, CA 92701
ACCOUNT # 15030
ACCOUNT NAME:
CREDIT TO FIRST AMERICAN TITLE COMPANY
OR-2128279
ABA #122241255
FIRST AMERICAN
TITLE COMPANY
TITLE OFFICER - MICHAEL C. WILLIAMS
DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT --
CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS
PAGE 5
Pret~min~ ~po~ OR=2128279
TITLE OFFICER- MICHAEL C. WILLIAMS
PRIVACY POLICY
WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION
IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE, WE MAY ASK YOU TO PROVIDE US WITH CERTAIN
INFORMATION. WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH
INFORMATION-PARTICULARLY ANY PERSONAL OR FINANCIAL INFORMATION. WE AGREE THAT YOU HAVE A RIGHT TO
KNOW HOW WE WILL UTILIZE THE PERSONAL INFORMATION YOU PROVIDE TO US, THEREFORE, TOGETHER WITH OUR
PARENT COMPANY, THE FIRST AMERICAN CORPORATION, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN THE
USE AND HANDLING OF YOUR PERSONAL INFORMATION.
APPLICABILITY
THIS PRIVACY POLK?Y GOVERNS OUR USE TO THE INFORMATION WHICH YOU PROVIDE TO US. IT DOES NOT GOVERN THE
MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED FROM ANY OTHER SOURCE, SUCH AS INFORMATION
OBTAINED FROM A PUBLIC RECORD OR FROM ANOTHER PERSON OR ENTITY. FIRST AMERICAN HAS ALSO ADOPTED
BROADER GUIDELINES THAT GOVERN OUR USE OF PERSONAL INFORMATION REGARDLESS OF iTS SOURCE. FIRST
AMERICAN CALLS THESE GUIDELINES ITS FAIR INFORMATION VALUES, A COPY OF WHICH CAN BE FOUND ON OUR
WEBSITE AT WWW.FIRSTAM ,COM.
TYPES OF INFORMATION
DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING, THE TYPES OF NONPUBLIC PERSONAL INFORMATION
THAT WE MAY COLLECT INCLUDE:
[NFORMATION WE RECEIVED FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US,
WHETHER IN WRITING~ IN PERSON, BY TELEPHONE OR ANY OTHER MEANS;
INFORMATION ABOUT YOUR TRANSACTIONS WITH US, OUR AFFILIATED COMPANIES. OR OTHERS; AND
INFORMATION WE RECEIVE FROM A CONSUMER REPORTING AGENCY.
USE OF INFORMATION
WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR THE BENEFIT OF
ANY NONAFFILIATED PARTY. THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFILIATED PARTlES
EXCEPT: (I) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVlCE YOU HAVE REQUESTED OF US; OR (2) AS
PERMITTED BY LAW. WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER
WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE,
SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. WE MAY ALSO PROVIDE ALL OF THE TYPES OF
NONPUBLIC PERSONAL INFORMATION LISTED ABOVE TO ONE OR MORE OF OUR AFFILIATED COMPANIES. SUCH
AFFILIATED COMPANIES INCLUDE FINANCIAL SERVICE PROVIDERS, SUCH AS TITLE INSURERS, PROPERTY AND
CASUALTY INSURERS, AND TRUST AND INVESTMENT ADVISORY COMPANIES, OR COMPANIES INVOLVED IN REAL ESTATE
SERVICES. SUCH AS APPRAISAL COMPANIES, HOME WARRANTY COMPANIES, AND ESCROW COMPANIES FURTHERMORE,
WE MAY ALSO PROVIDE ALL THE INFORMATION WE COLLECT, AS DESCRIBED ABOVE, TO COMPANIES THAT PERFORM
MARKETING SERVICES ON OUR BEHALF, ON BEHALF OF OUR AFFILIATED COMPANIES, OR TO OTHER FINANCIAL
INSTITUTIONS WlTH WHOM WE OR OUR AFFILIATED COMPANIES HAVE JOINT MARKETING AGREEMENTS.
FORMER CUSTOMERS
EVEN IF YOU ARE NO LONGER OUR CUSTOMER, OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU.
CONFIDENTIALITY AND SECURITY
WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR
INFORMATION. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS
AND ENTITLES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE WILk USE
OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WILL
BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY AND FIRST AMERICAN'S FAIR
INFORMATION VALUES. WE CURRENTLY MAINTAIN PHYSICAL~ ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT
COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION,
PAGE 6
Prelimm. R~po. OR-2128279
TITLE OFFICER - MICHAEL C, WILLIAMS
NOTICE
SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 19t30. REQUIRES THAT ANY TITLE
INSURANCE COMPANY. UNDERWRITTEN TITLE COMPANY. OR CONTROLLED ESCROW COMPANY HANDLING FUNDS tN AN
ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS. BEFORE
RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS THIS STATUTE ALLOWS
FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S
CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSlT. IN ORDER TO AVOID
UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR
CERTIFIED CHECKS WHENEVER POSSIBLE.
IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW. PLEASE CONTACT YOUR LOCAL FIRST AMERICAN
OFFICE FOR MORE DETAILS.
NOTICE
IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED
TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE
DISPOSITION OF CALIFORNia REAL PROPERTY INTEREST BY EITHER:
1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR
WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY
OF THE SELLER, OR
2 A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA.
'rite BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE
GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($5~0)
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED
ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO
WITHHOLD IF:
1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED
THOUSAND DOLLARS ($100.C~O). OR
THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PEPOURY, CERTIFYING THAT THE
SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION. HAS A PERMANENT PLACE OF BUSINESS IN
CALIFORNIA. OR
3 THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF
PERJURY, THA'[' THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS
DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE)
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF
AVOIDING THE WITHHOLDING REQUIREMENT
THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX
BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS.
THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX
SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT
ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER.
PAGE7
Attachment 3
Draft StaffMemo dated April 25, 1991
APRIL 25~ 2992
BOB LEDENDECKER, D~NA KASDZ~N, CAPTAIN FOSTER
~ND NORM SMITH
CHRISTINE SHINGLETON, ~SSISTANT CITY MANAGER
~BANDONEDRAILROADRIGHT-OF-WAY BETWEEN PEPPERTREEAND TUSTIN
MEADOWS
As a follow-up to our meeting with the Irvine Company on March 11,
1991, I have prepared a summary of issues related to the potential
re-use alternatives considered for the subject abandoned railroad
right-of-way. I believe that this summary will assist us in making
an objective decision as to the best re-use of this land.
Following each of the alternatives identified below, a number of
informational points are identified for consideration and
discussion at our next meeting of , 1991, at
, in the Community Development Department Conference
Room.
INFORMATION SUMMARY
~Bi%NDONED R~ILROAD RIGHT-OF-WAY
ALTERNATIVE A:
Equal distribution (50%) to property owners
adjoining either side of the right-of-way
Process:
* Parcel map/lot line adjustment
Disposition: *
Irvine Company to provide the property at no
cost
Cost:
* Subdivision map preparation $ 20,000.00
($250.00 per property)
* Grading/drainage improvements 400,000.00
($5,000.00 per property)
* Fencing/wall construction 422,000.00
Total $842,000.00
Liability:
* Assumed by adjoining property owners
Environmental
Impacts: *
Probably none
1
Funding
Sources:
Constraints:
Opportunities:
ALTERNATIVE B:
Process: *
Disposition: *
Cost:
Liability: *
Environmental
Impacts:
Funding
Sources:
Constraints:
None needed
Assessment District
Irvine Company
No land locked parcels allowed
City access to drainage easement restricted
Access to jet fuel pipeline restricted
Misuse of easements requiring code enforcement
Potential site drainage changes
Security improved
Unsightly condition eliminated
Southerly 45 ft. easement City owned,
Northerly 30 ft. distributed to adjoining
property owners
Parcel map/lot line adjustment
Irvine Company to provide the property at no
cost
Subdivision map preparation
Grading/drainage improvements
Fencing/wall construction
Total
45 ft.
30 ft.
owners
$ 15,000.00
175,000.00
279.000.00
$ 469,000.00
portion assumed by City
portion assumed by adjoining
* Probably none
property
Opportunities: *
None needed
Assessment District
Irvine Company
No land locked parcels allowed
Potential site drainage changes
Security
Maintenance costs
Access to easements guaranteed
~LTERN~TIVE C:
Relocate jet fuel pipeline/Equal distribution
of right-of-way to adjoining property owners
Process: *
Disposition: *
Cost:
Environmental
Impacts: *
Funding
Sources: *
Constraints: *
*
Opportunities: *
ALTERNATIVE D:
Process:
Disposition:
Parcel map/lot line adjustment
New easement agreement with
Defense
Department of
Irvine
cost
Relocation of pipeline
Subdivision map preparation
Grading/drainage improvements
Fencing/wall construction
Total
Company to provide the property at no
$ 481,000.00
20,000.00
400,000.00
422,000.00
$1,323.000.00
Assumed by adjoining property owners
Limited construction related impacts
None needed
Assessment District
Irvine Company
Department of Defense
No land locked parcels allowed
City access to drainage easement restricted
Cost
Misuse of drainage easement requiring code
enforcement
Potential site drainage changes
Alternative jet fuel pipeline locations may be
politically sensitive
Construction related impacts (traffic, noise,
etc.)
Security improved
Unsightly condition eliminated
Reduction in liability
Positive P.R. for City
Prlvate/Publlo Park
Parcel map/lot line adjustment (private park)
Irvine Company to provide the property at no
cost
Cost: *
Liability: *
Environmental
Impacts: *
Funding
Sources: *
Constraints: *
Opportunities: *
Alternative E:
Process: *
Disposition: *
Cost: *
Liability: *
Environmental
Impacts: *
*
Funding
Sources: *
Constraints:
Subdivision map preparation $ 10,000.00
Initial park construction costs 812,000.00
(Pub. Park maint, costs $70,000.00)
Total $ 822,000.00
Assumed by city
Increased intensity of use of land
Noise
Assessment District
Irvine Company
City General Fund
Increased City costs
Security
Increased citizen costs (assessment)
Maintenance
Potential site drainage changes
Liability
Security improved
Unsightly condition eliminated
Increased recreational space
Access to easements guaranteed
Private tree farm
Parcel map/lot line adjustment
Preparation of lease/sale agreement
Irvine Company to provide the property at no
cost
Subdivision map preparation $ 10,000.00
Shared by City (owner) and lessee
Increased intensity of land use
Noise (limited)
Lessee
Security
Potential
Liability
site drainage changes
4
&
Opportunities:
ALTERNATIVE F
Process:
Disposition:
Cost:
Liability:
Environmental
Impacts:
Funding
Sources:
Constraints:
Opportunities:
ALTERNI~TIVE G
Process:
Disposition:
Cost:
Security i~proved
Unsightly condition eliminated
Access to easements guaranteed
Recreational Vehicle Parking Lot
Parcel map/lot line adjustment
Deed restriction
Irvine Company to provide the property at no
cost
Subdivision map preparation $ 10,000.00
Shared by city (owner) and lessee
* Increased intensity of
* Noise (limited)
* Air
land use
* Lessee
Security
Potential site drainage changes
Liability
Environmental impacts
Aesthetics
Security improved
Unsightly condition partially eliminated
Access to easements guaranteed
Dedication as public/prlvate street
Parcel map/lot line adjustment
Street improvement plans developed
Irvine Company to provide the property at no
cost
Walnut Avenue to Fl0 Channel
Subdivision map preparation
Grading/drainage improvements
(Pub. street maint. $7,000.00)
Total
$ 10,000.00
980,000.00
$ 990,000.00
Liability:
Environmental
Impacts:
Funding
Sources:
Constraints:
Opportunities:
Walnut Avenue to Sycamore Avenue
* Subdivision map preparation
* Grading/drainage improvements
(Pub. street maint. $3,600.00)
Total
$ 7,000.00
536,000.00
$ 543,000.00
Assumed by City (public street) or Homeowner's
Association (private street)
* Increased intensity of land use
* Noise (limited)
* Air
city General Fund (public street)
Homeowner's Association (private street)
* Potential site drainage changes
* Liability
* Environmental impacts
* Aesthetics
Security improved
Unsightly condition partially eliminated
Access to easements guaranteed
DO: kd \ rrr ow. mem