HomeMy WebLinkAbout10 PURCHASE REAL PROP 04-21-03AGENDA REPORT
Agenda Item
10
Reviewed:
City Manager
Finance Director
MEETING DATE:
TO:
FROM:
SUBJECT:
APRIL 21, 2003
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY
FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (APN 500-101-07: SUSAN
JONES) (ClP NO. 7118)
SUMMARY
The proposed Agreement to Purchase Real Property will begin the final process for the City to
acquire the needed right-of-way at 1082 Old Irvine Boulevard (APN 500-101-07) to construct the
Irvine Boulevard and Newport Avenue Intersection Enhancement Project (CIP No. 7118).
RECOMMENDATION
It is recommended that the City Council take the following actions:
.
Adopt Resolution 03-54 finding that the acquisition of a portion of Assessor's Parcel No. 500-101-
07 was considered in the final environmental determination for the Irvine Boulevard and Newport
Avenue Intersection Enhancement Project (CIP No. 7118) and approving the Purchase
Agreement with Susan Jones (hereinafter "seller").
2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Susan Jones on
behalf of the City.
FISCAL IMPACT
The City's Capital Improvement Program (CIP) budget for FY 2002-2003 appropriates funds for right-
of-way acquisition for this project. The FY 2002-2003 budget for right-of-way acquisition is comprised
of Measure "M" Competitive funds, Measure "M" Turnback funds, Santa Ana-Tustin Transportation
System Improvement Authority funds and Proposition 111 Gas Tax funds. Approval of the Purchase
Agreement will authorize an expenditure of $62,093 for right-of-way acquisition. The Temporary
Construction Easement (TCE) and escrow and title fees will be additional costs. These costs are
$4,271 for the TCE and an estimated $1,500 for escrow and title fees.
Approval of an Agreement to Purchase Real Property for the Irvine Boulevard and Newport
Avenue Intersection Enhancement Project (APN 500-101-07, Susan Jones)
April 21, 2003
Page 2
BACKGROUND
The Irvine Boulevard and Newport Avenue Intersection Enhancement Project proposes to widen the
intersection of Irvine Boulevard and Newport Avenue and both arterials beyond the intersection. The
limits of the widening on Irvine Boulevard are from the west side of Holt Avenue to 100 feet east of
Elizabeth Way and on Newport Avenue from First Street to Wass Street. On Irvine Boulevard, the
improvements will include three through lanes in each direction with double left turn lanes in each
direction at Newport Avenue. On Newport Avenue the improvements will include three through lanes
in each direction between Holt Avenue and the north side of Old Irvine Boulevard. Double left turn
lanes will be provided for southbound Newport Avenue at Old Irvine Boulevard and for northbound
Newport Avenue at Holt Avenue.
In order to construct the improvements, right-of-way is required from fourteen (14) properties in the
form of acquisitions and/or TCE's. For the subject parcel, acquisition and a TCE are required.
The cost for acquisition and obtaining the TCE for the parcel owned by Susan Jones is as follows:
Acquisition Cost $ 62,093
TCE Cost $ 4,271
Total Cost $ 66,364
The owner of parcel 500-101-07, Susan Jones, has signed the Purchase Agreement for the right-of-
way acquisition required at 1082 Old Irvine Boulevard. The owner has also signed the required TCE
for APN 500-101-07. The TCE will be accepted immediately preceding the construction phase of the
project.
Staff will be submitting the other Purchase Agreements for approval by the City Council when they
are signed by the corresponding property owner.
Director of Public Works/City Engineer
Dana I~/. Kasdan
Engineering Services Manager
TDS:DRK:ccg:Agmt to purchase prop Irvine & Newport Susan Jones & Reso. 03-54.doc
Attachments: Resolution 03-54
Purchase Agreement
Location Map
RESOLUTION NO. 03-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF
ASSESSOR'S PARCEL NO. 500-101-07 (1082 OLD IRVINE BOULEVARD)
WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR
THE IR¥1NE BOULEVARD AND NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE
PURCHASE AGREEMENT
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the acquisition of a portion of Assessor's Parcel No. 500-101-07 is
needed for public use, namely to be utilized for the Irvine Boulevard and Newport
Avenue Intersection Enhancement Project ("Enhancement Project") within the City of
Tustin; and
WHEREAS, on November 1, 1999, the Tustin City Council certified the Final
Mitigated Negative Declaration as adequately addressing the environmental effects of
the Enhancement Project; and
WHEREAS, the acquisition of property, including a portion of Assessor's Parcel
No. 500-101-07 was considered in the Final Mitigated Negative Declaration; and
WHEREAS, State law authorizes the City to acquire the property for the above
stated purpose; and
WHEREAS, the owner of Assessor's Parcel No. 500-101-07 (1082 Old Irvine
Boulevard) has executed the Purchase Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Tustin,
as follows:
1. ENVIRONMENTAL FINDING
The City Council of the City of Tustin finds that the effects of the proposed
acquisition were considered in the Final Mitigated Negative Declaration and
that no additional environmental review is required.
2. PUBLIC USE
The public use to which a portion of Assessor's Parcel No. 501-101-07 is
needed is for the widening of an existing roadway, to wit, Irvine Boulevard
and Newport Avenue within the City of Tustin.
Resolution No. 03-54
April 21,2003
Page 2
,
DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO BE
ACQUIRED
The property to be acquired is described as a portion of Assessor's Parcel
No. 500-101-07, its address being 1082 Old Irvine Boulevard and more
particularly described in Exhibit A, Legal Description of Property attached
and incorporated herein by reference. The Purchase Agreement is attached
as Exhibit 1.
4. STATUTORY FINDING
The City Council makes the following additional findings:
ao
The public interest and necessity require the widening of Irvine
Boulevard and Newport Avenue to accommodate additional traffic
within the City of Tustin.
b. The proposed project is planned and located in a manner that will be
most compatible with the public good and the least private injury.
c. The property described above is necessary for the proposed road
widening of Irvine Boulevard and Newport Avenue.
d. An offer of purchase of the property has been made to the owner of the
property pursuant to Government Code Section 7267.
5. AUTHORIZATION
The Purchase Agreement is hereby approved and the City Manager and
City Attorney are authorized and directed to perform all acts necessary on
behalf of the City for the acquisition of said property.
6. EXPENDITURE OF FUNDS
The City Manager is hereby authorized to expend funds available to the City
for the acquisition of real property described herein.
7. RECORDING
The City Clerk is hereby authorized and directed to record a certified copy of
this resolution at the Office of the County Recorder, County of Orange.
Resolution No. 03-54
April 21, 2003
Page 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 21St day of April 2003
Tracy Wills Worley, Mayor
ATTEST:
City Clerk
EXHIBIT I
AGREEMENT TO PURCHASE REAL PROPERTY
1082 OLD IRVINE BOULEVARD, TUSTIN, CALIFORNIA
APN 500-101-07
THIS AGREEMENT is entered into this day of ,20
!
by and among the City of Tustin, a municipal corporation (hereinafter "City"), and
SUSAN JONES, an unmarried woman (hereinafter "Seller").
RECITALS
1. Seller owns improved real property at 1082 Irvine Boulevard, Tustin,
California, which is shown on Exhibit "A" (hereinafter referred to as the "Property").
Exhibit "A" is attached hereto and is incorporated herein by this reference.
,
purpose.
The City desires to acquire the Property for a potential future public
3. The Seller desires to sell the Property to the City.
NOW, THEREFORE, in view of the above-recitals and mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
Section 1. Sale/Purchase of Property
On the terms and conditions set forth herein, Seller agrees to sell the Property to
City and City agrees to purchase the Property from Seller. The total purchase price,
payable in cash through escrow, shall be Sixty Two Thousand Ninety Three and No/100
Dollars ($62,093.00). In exchange for receipt of this amount, Seller releases City of any
and all claims by Seller under the United States Constitution Amendments 5 and 14,
and for any and all claims under state law, including but not limited to claims for
relocation benefits and loss of goodwill.
Section 2. Timeframe for Completion of Obligations/Escrow
This sale shall be consummated through an escrow. As soon as possible after
this Agreement is executed, City agrees to open an escrow in accordance with this
Agreement at First American Title Insurance Company ("Escrow Holder") ("Open
Escrow"), 2 First American Way, Santa Ana, California, 92707, Attention: Robert
Benavente ("Escrow Officer"). This Agreement, along with Exhibits "A," "B," and "C"
attached hereto, constitutes the joint escrow instructions of City and Seller to the
Escrow Holder, which may be supplemented by escrow holders form agreement.
As soon as possible after opening of escrow, Seller shall execute the grant deed
attached hereto as Exhibit "C" and incorporated herein by this reference, and shall
deposit the deed with the Escrow Officer. Subject to the conditions described in Section
8, City shall deposit into escrow the sum set forth in Section 1 above, payable to Seller.
The closing date for the escrow shall be no later than thirty (30) days after opening of
escrow, unless such date is extended by written agreement of the parties. "Close of
Escrow" shall be the date when the grant deed to the City is recorded. Except as
provided in Section 8, City shall each pay escrow and closing costs. City shall also pay
the costs of the ALTA title insurance referenced in Section 8.1.
Section 3. Warranty Against Easements Not of Record
To the current, actual knowledge of Seller, Seller warrants to City that as of the
date of this Agreement and as of the date of close of escrow, Seller has not granted any
unrecorded easements or licenses on the Property.
Section 4. Warranty of No Governmental Action
To the current, actual knowledge of Seller, Seller warrants that there is not now,
and as of close of escrow, there will not be, any violation of any law, ordinance, rule, or
administrative or judicial order affecting the Property, - nor is there any judicial order
affecting the Property, nor is there any condemnation, zoning change, or other
proceeding or action (including legislative action) pending, threatened, or contemplated
by any governmental body, except City, authority, or agency that will in any way affect
the size or use of, improvements or construction on, or access to the Property by City.
This warranty does not apply to governmental action where notice has not been
provided to Seller.
Section 5. Warranty Against Contracts Concerning Property
To the current, actual knowledge of Seller, Seller warrants that as of the date of
this Agreement and as of close of escrow, Seller has not entered into any contracts,
leases, licenses, commitments, or undertakings respecting the Property, or for the
performance of services on the Property, or for the use of the Property or any part of it
or any agreement or contract of any kind pertaining to the Property by which City would
become obligated or liable to anyone.
Section 6. Warranty Against Violations
To the current, actual knowledge of Seller, Seller warrants and represents that as
of the date of this Agreement and as of close of escrow, Seller has no notice or
knowledge of any violation of any statute, ordinance, regulation or administrative or
judicial order or holding, whether or not appearing in public records, with respect to the
Property or any improvements on the Property. '
Section 7. Environmental Compliance
7.1 Seller warrants and represents that, during the time in which Seller has
owned the Property, neither Seller nor, to the current, actual knowledge of Seller, any
third party, has used, generated, manufactured, produced, stored or disposed of, on,
under, or about the Property or transported to or from the Property any hazardous
materials, including without limitation, flammable materials, explosives, asbestos,
radioactive materials, hazardous wastes, toxic substances, or related injurious
materials, whether injurious by themselves or in combination with other materials. To
the current, actual knowledge of Seller there is no proceeding or inquiry by any
governmental authority, including without limitation, the California or Federal
Environmental Protection Agency or the California State Department of Toxic Control, or
state or regional water quality board, with respect to the presence of such hazardous
materials on the Property or their migration from or to other property. For purposes of
this Agreement, the term "hazardous materials" shall include but not be limited to
substances defined as "hazardous substance," "hazardous materials," or "toxic
substances" in the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (Title 42 United States Code Sections 9601-9675);
the Hazardous Materials Transportation Act, as amended (Title 49 United States Code
Sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as
amended (Title 42 United States Code Section 6901-6992k); and any substance
defined as "hazardous waste" in Health and Safety Code Section 25117 or as
"hazardous substance" in Health and Safety Code Section 25316, and in the regulations
adopted and publications promulgated under these laws.
7.2 Seller hereby agrees to indemnify, protect, hold harmless, and defend
City, its councilmembers, officers, employees, agents, from and against any and all
loss, expense, damage and liability, including without limitation (1) all foreseeable and
unforeseeable consequential damages, directly or indirectly arising from the use,
generation, storage, or disposal of hazardous material on the Property by Seller,
Seller's tenants, or other person using the Property with Seller's actual knowledge or
consent; and (2) the cost of any required or necessary repair, cleanup, or detoxification
and the preparation of any closure or other required plans, regardless of whether such
action is required before or after the close of escrow, but only to the extent that such
liability is attributable, directly or indirectly, to the presence or use, generation, storage,
release, threatened release, or disposal of hazardous materials by Seller, Seller's
tenants, or other person using the Property with Seller's consent or actual knowledge
that occurred while Seller owned the Property. Seller's indemnity shall survive close of
escrow.
7.3 From and after Close of Escrow, City agrees to indemnity, protect, hold
harmless and defend Seller from and against any and all loss, expense, damage and
liability, including without limitation (1) all foreseeable and unforeseeable consequential
damages, directly or indirectly arising from the use, generation, storage, or disposal of
hazardous material on the Property by City; and (2) the cost of any required or
necessary repair, cleanup, or detoxification and the preparation of any closure or other
3
required plans, but only to the extent that such liability is attributable, directly or
indirectly, to the presence or use, generation, storage, release, threatened release, or
disposal of hazardous materials on the PropertY by City. City's indemnity shall survive
close of escrow.
Section 8. City's Obligations is Subject to Conditions
City's obligation to perform this Agreement is subject to City's approval of the
condition of title, described in Sections 8.1 and 8.2, City's approval of the condition of
the Property described in Section 8.3, and no breach of representations, as described in
Section 8.4.
8.1 First American Title Insurance Company shall be able to issue in favor of
City an ALTA standard owner's policy of title insurance dated as of close of escrow with
liability not less than the purchase price, covering the Property, showing title vested in
City, and showing as exceptions only current general and special real property taxes,
bonds and assessments not yet delinquent, and the exceptions to title that City has
approved.
8.2 Promptly, upon opening of escrow, Escrow Holder shall furnish City with a
title commitment for an ALTA title policy and legible copies of all documents reported as
exceptions in it ("Title Documents"). City shall notify Seller and Escrow Holder in writing
within ten (10) days after receipt of the title commitment and the Title Documents of
City's diSapproval of any exception in those documentS. If any supplemental title
commitment or supplemental Title Documents are submitted, then City shall notify
Seller and Escrow Holder in writing within ten (10) days after City's receipt of such
items, but not later than the date mutually agreed upon by the parties in writing for the
Close of Escrow, of City's disapproval of any title exception set forth therein.
Failure of City to notify Seller and Escrow Holder in writing of City's disapproval
of any title exceptions shall conclusively be considered as City's approval of same. If
City disapproves any title matter referred to in this paragraph, then, at City's option, this
Agreement and the escrow shall be canceled, and in such event all funds or other
things deposited by City shall be returned to City immediately On demand, and City shall
pay all title company and escrow charges.
8.3 City shall pay for a Property Condition Inspection by a competent
inspector selected by the City. City's obligation to cloSe escrow is contingent upon City's
approval of the condition of the Property at its sole discretion.
8.4 If there is a breach of any representation or warranty given by Seller
pursuant to this Agreement that is discovered by City before close of escrow, then City
may nevertheless elect to proceed to close the escrow, in which event' City shall be
deemed to have elected to waive such breach, or City may elect to terminate this
Agreement and the escrow, in. which event this Agreement shall be canceled. If this
Agreement and the escrow are terminated by City's election under this paragraph, then
4
all funds or other things deposited by City, if any, shall be returned to City immediately
on demand, and Seller shall pay all title company and escrow charges.
Section 9. Warranty Against Litigation Concerning the Property
To Seller's current, actual knowledge, as of the date of this Agreement and as of
Close of Escrow, no litigation is or will be pending against Seller regarding the use,
operation, development, condition or improvement of the Property, or regarding any
right, title or interest in the Property.
Section 10. Threat of Condemnation
Seller and City acknowledge that the purchase and sale of the Property has been
negotiated under the threat of condemnation of the Property by the City. In the event of
Seller default, City's ability to perform is prejudiced. Accordingly, in the event the
escrow fails to close by reason of a default by Seller, Seller agrees:
A.
Property.
That the public interest and necessity requires the acquisition of the
B. That the Seller waives any claim to severance damages and goodwill
under any eminent domain proceedings commenced at any time hereafter by the City of
Tustin with respect to the Property.
C. That the Seller waives any claim to any relocation assistance in any
eminent domain proceedings commenced by the City of Tustin with respect to the
Property.
D. Seller acknowledges that in waiving these claims they have not relied on
any representations or statements made or said by City, its agents, attorneys or other
representatives.
Section 11. Attorneys' Fees
If any party files an action or brings any proceeding against the other arising from
this Agreement, or is made a party to any action or proceeding brought by the Escrow
Holder, then as between City and Seller and City, the prevailing party shall be entitled to
recover as an element of its costs of suit, and not as damages, reasonable attorneys'
fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to
recover its costs of suit, whether or not suit, proceeds to final judgment. A party not
entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees
shall be included in calculating the amount of a judgment for purposes of deciding
whether a party is entitled to its costs or attorneys' fees.
5
Section 12. Warranties to Survive Close of Escrow
All warranties, covenants, and other obligations stated in this Agreement shall
survive close of escrow. All warranties, covenants, and other obligations that the City
discovers to be breached before tender of the deed, and that City either expressly
waives or does not object to before such tender, shall not survive tender of the deed.
Section 13. Binding on Successors.
Except as otherwise provided herein, this Agreement inures to the benefit of, and
is binding on, the parties, their respective heirs, personal representatives, successors,
and assigns.
Section 14. Integration Clause
This Agreement constitutes the entire agreement among the parties and
supersedes all prior discussion, negotiations, and agreements whether oral or written.
Any amendment to this Agreement, including an oral modification supported by new
consideration, must be reduced to writing and signed by all of the parties before it will
be effective.
Section 15. No Representation Regarding Legal Effect of Document
No representation, warranty, Or recommendation is made by Seller or City or
their respective agents, employees, or attorneys regarding the legal sufficiency, legal
effect, or tax consequences of this Agreement or the transaction, and each signatory is
advised to submit this Agreement to his or her respective attorney before signing it.
Section 16. Counterparts
This Agreement may be executed in counterparts, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument.
Section 17. Time is of the Essence
Time is of the essence of this Agreement, and failure to comply with the time
provisions of this Agreement shall be a material breach of this Agreement.
Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
"Lois E. Jeffr<~,~
· City Attorney
SELLER
SUSAN JONES
7
EXHIBIT A
Legal Description of Property
EXHIBIT
PARCEL 109-2
..
THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1. IN BLOCK 12 OF IRVINE'S SUBDIVISION;
IN"THE C,,tTY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORN~,A,. AS.SHOWN oN MAP RECORDED
IN BOOK I AT .PAGE 88 OF MISCELLANEOUS. MAPS IN THE OF~CE .OF THE RECORDER. OF SAID
cOUNTY, DESCRIBED AS FOLLOWS:
COMMENCING (P.O.C.) AT THE SOUTHEASTERLY coRNER. OF THE PARCEL OF LAND
DESCR[B. ED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK' 5164, PAGE
:[29, IN .THE OFF[CE OF THE RECORDER 'OF SAID COUNTY, SAID POTNT ALSO BE[N.G
· THE. BEGINNING OF A CURVE, 'CONCAVE WESTERLY, THE. RADTUS OF. WHICH BEARS
SOUTH 40000'00'' WEST :[7;00 FEET AS DESCR.[BED IN A QUi-I' CLA[H DEED RECORDED
JULY 24, :[990 AS INSTRUHENT NO. 90-388434 OFF[~L RECORDS OF SAID COUNTY;
THENCE SOUTHEASTERLY .ALONG THE /~RC OF S~D CURVE 6.84 FEET. THROUGH A
CENTRAL'ANGLE. OF 23003'5'3'' TO THE TRUE POINT OF BEGINNZNG (T.P,O.B.)
SAID POINT BFT.NG THE BEGINNING OF A NON-TANGENT CURVE'CONCAVE
'NORTHWESTERLY AND HAVING A RADIUS OF. 14.00 FEET, THE' RADIUS OF WHICH
.' BEARS SOUTH 73o14'50" WEST; THENCE ALONG SAID. CURVE 29.88 FEET THROUGH A
CENTRAL ANGLE OF 122°17'36" TO A REVERSE CURVE, cONCAVE'SOUTHWESTERLY,
THE RADIUS O~ WHICH BEARS SOUTH :[5°32'26'' WEST. 1257.00 FEET; THENCE
WEETERLY ALONG SAID CURVE 99.08 FEET THROUGH A CEN'I'AAL ANGLE. OF'04o30'59,,;
'THENCE NON-TANGENT-T~3' SAID CURVE NORTH 68°49'5:['' wEST 16.44 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF
WHICH BEARS SOUTH 10°17':[7" WEST [260.00 FEET; THENCE WESTERLY ALONG. SA~D
CURVE 4:[.83 FEET.THROUGH A CENTRAL ANGLE OF'0:[°5.4'08'' TO NORTHWESTERLY
L/N,E OF SA~D INSTRUMENT .NO. 90-388434; THENCE ALONG SAID NORTHWESTERLY
L/NE SOUTH 39"55'33" WEST :[:[;75 FEET TO' THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOOTH 08°06':[5"
WEST :[250.00 FEET,'SA[D POINT ALSO BEING ON THE NORTHERLY LiNE OF PARCEL A
AS DESCRI. BED IN AN EASEMENT DEED RECORDED NOVEMBER 4, '1959 IN BOOK 4959,
PAGE 357, OF OFF'[C~L RECORDS .OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG
SAID NORTHERLY [_[NE AND SAID CURVE 16:[.54 FEET THROUGH A CENTRAL ANGLE OF
07°24'16" TO THE BEGINNING .OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, THE
RADIUS OF WHICH .BEARS NORTH 15~'30'3:[~' WEST 17.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE 39.30 FEET THROUGH A. CENTRAL ANGLE 'OF 132°26'38'' .TO THE
TRUE PO1'NT OF BEGINNI'NG.
CONTAZNING 1,408 SQUARE FEET =-0.03 ACRES, MORE OR' LESS.
ALL AS MORE PART/CULARLY SHOWN ON EXHIBTT "B", ATTACHED HERETO AND'BY REFERENCE MADE
A PART THEREOF. -
EUGEN~H~-FFER, L.S. 4~'4"~~/r//
LICENSE EXPIRE SEPTEMBER~2~, 2~
\\10.20.30.50\engin\3291 \0008Lsurvey~,OW\PARCE L109-2.doc
DATE
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PARCEL 109-2
INl1'01 ~
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GRAPHIC SCALE: 1"=50'
.. 1,408 0.03
ASL Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 200
IRVINE, CA 92618
(9.~9) 727-7099 FAX:(949) 727-7097
-.
EXHIBIT "B"
PARCEL 109-2
/
.SHEET 1
POR. N~E,.' LY 112 OF//'
LOT 1 BLO'G,K 12 OF
IRVINE'S S U B~IVI SI 0/N
MRM1/88 ~ /'
so8'o6' ~ 5 "w(~ /~,,,.~
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OF 1
P.O.B.
LINE· TABLE
· LINE BEARING LENGTH
L 1 N68'49 '51 "W 16. 44'
L2 S`39'55'$$'~ 1 1. 75~
CURVE TABLE
CURVE DEL TA RADIUS LENGTH
C l 2,3'0,3'5,3" 17. 00' . 6. 84'
:. C2 122'17'..~6" 14.00, 29.88'
' C,3 04'30'59" 1257.00' 99,08"
04 01"5#'08" 1260.00' 41.8,3'
C5 07"24'16" 1250.00' 161.5#'
C6 1,32'26',38" 17.00' $9.,30'
PREPARED UNDER THE DIRECTION. OF
EUGENEr--,~. SHAFFER, l.S./~f~/4- ' DATE
LICENSE EXPIRES, 9/30¢p
EXHIBIT B
Escrow Instructions
1. Escrow
City and Seller agree to open escrow in accordance with Section 2 of this
Agreement. This Agreement constitutes the joint escrow instructions of City and Seller,
and Escrow Agent to whom these escrow instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts
necessary to close this escrow in the shortest possible time.
As soon as possible after open of escrow, Seller will execute the Grant Deed
attached to this Agreement as Exhibit "C" and deposit the executed deed with Escrow
Agent on City's behalf. City agrees to deposit the purchase price upon demand of
Escrow Agent. City and Seller agree to deposit with Escrow Agent any additional
instruments as may be necessary to complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller will
cancel Seller's own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a
general escrow account(s) and may be transferred to any other such escrow trust
account in any State or National Bank doing business in the State of California. All
disbursements shall be made by check from such account.
2,
Escrow Agent is Authorized and is Instructed to Comply with the Following
Tax Adjustment Procedure:
A.
Pay and charge Seller for any unpaid delinquent taxes and/or penalties
and interest thereon, and for any delinquent or non-delinquent
assessments or bonds against the Property.
B.
In the event this escrow closes between July 1 and November 1, and the
current tax information is not available from title insurer, Escrow Agent is
instructed to withhold from Seller's proceeds an amount equal to 120% of
the prorated amount due based upon the previous fiscal year's second
half tax bill. At such time that the tax information is available, Escrow
Agent shall make a check payable to the County Tax Collector for Seller's
prorated portion of taxes and forward same to the City and shall refund
any difference to the Seller. In the event the amount withheld is not
sufficient to pay Seller's prorated portion of taxes due, the Seller herein
agrees to immediately pay the difference.
In the event said tax information is available, Seller's taxes shall be prorated in
accordance with paragraph "C" below.
Co
From the date that tax information is available, as per paragraph "B," up to
and including June 30th, Seller's current taxes, if unpaid, shall be prorated
to date of close of escrow on the basis of a 365 day year in accordance
with Tax Collector's proration requirements, together with penalties and
interest, if said current taxes are unpaid after December 10 and/or April
10. At close of escrow, check payable to the County Tax Collector for
Seller's pro-rata portion of taxes shall be forwarded to City with closing
statement.
D.
Any taxes which have been paid by Seller, prior to opening of this escrow,
shall not be prorated between City and Seller, but Seller shall have the
sole right, after close of escrow, to apply to the County Tax Collector of
said county for refund. This refund would apply to the period after City's
acquisition, pursuant to Revenue and Taxation Code Section 5096.7.
3. Escrow Agent is Authorized to and Shall:
'A.
Pay and charge Seller for any amount necessary to place title in the
condition necessary to satisfy this Agreement.
B.
Pay and charge City for escrow fees and closing costs payable under this
Agreement.
C.
Disburse funds and deliver deed when conditionS of this escrow have
been fulfilled by City and Seller.
The Term "close of escrow", if and where written in these instructions, shall mean
the date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or.
supplement to, any instructions must be in writing. ~
10
1
Time is of the Essence in these Instructions and Escrow is to Close as
Soon as Possible
If (except for deposit of money by City, which shall be made by City upon
demand of Escrow Agent before close of escrow) this escrow is not in condition to close
within thirty (30) days from date of these instructions, any party who then shall have fully
complied with these instructions may, in writing, demand the return of their money or
property; but if none have complied, no demand for return thereof shall be recognized
until five (5) days after Escrow Agent shall have mailed copies of such demand to all
other parties at the reSpective addresses shown in these escrow instructions, and if any
objections are raised within said five (5) day period, Escrow Agent is authorized to hold
all papers and documents until instructed by a court of competent jurisdiction or mutual
instructions. If no demands are made, proceed with closing of this escrow as soon as
possible.
5. Permission to Enter on Premises
Seller hereby grants to City, or its authorized agents, permission to enter upon
the Property at all reasonable times prior to close of escrow for the purpose of making
necessary or appropriate inspections.
6. Loss or Damage to Improvements
Loss or damage to the real property or any improvements thereon, by fire or
other casualty, occurring prior to the recordation of the Deed shall be at the risk of
Seller. In the event that loss or damage to the real property or any improvements
thereon, by fire or other casualty, occurs prior to the recordation of the Deed, City may
elect to require that the Seller pay to City the proceeds of any policy of insurance which
may become payable to Seller by reason thereof, or to permit such proceeds to be used
for the restoration of the damage done, or to reduce the total price by an amount equal
to the diminution in value of said Property by reason of such loss or damage or the
amount of insurance payable to Seller, whichever is greater.
7. Closing Statement
Seller instructs Escrow Agent to release a copy of Seller's statement to City; the
purpose is to ascertain if any reimbursements are due Seller.
11
EXHIBIT C
Form of Grant Deed
12
Order No. 9931649
WHEN RECORDED MAIL TO:
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CALIFORNI A92780
ATTN: PUBLIC WORKS
DOCUMENTARY TRANSFER TAX (FREE RECORDING REQUESTED
ESSENTIAL TO ACQUISITION BY THE CITY OF TUSIN, CA. SEE
GOVT. CODE 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SUSAN JONES, an unmarried woman
hereby GRANT(S) to the CITY OF TUSTIN, A MUNCIPAL CORPORATION
the real property in the City of Tustin, County of Orange, State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
Dated
}
STATE OF CALIFORNIA } ss.
COUNTY OF . }
On before me,
personally appeared
SUSAN JONES
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.
Signature
MAIL TAX STATEMENTS TO:
(This area for official notarial seal)
EXHIBIT
PARCEL 109-2
...
THAT PORTION OF THE' NORTHEASTERLY ONE-HALF OF LOT 1. IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN'THE CITY OF 7US-FIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS. sHOWN ON MAP RECORDED
IN BOOK I AT .PAGE 88 OF MISCELLANEOUS HAPS IN THE OFFICE .OF THE RECORDER. OF SAID
cOUNTY, DESCRIBED AS FOLLOWS:
COMMENCING (P.O.C.) AT THE SOUTHEASTERLY coRNER. OF THE PARCEL OF LAND
DESCRIBED .IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK' 5164, PAGE
129, IN-THE OFFICE OF THE RECORDER 'OF SAID COUNTY, SAID POINT ALso BEING
· THE. BEGINNING OF A CURVE, CONCAVE WESTERLY, THE RADIUS OF. WHICH BEARS
SOUTH 40°00'00'' WEST 17;00 FEET AS DESCRIBED IN A QUIT CLAIM DEED RECORDED
3ULY 24, 1990 AS INSTRUMENT NO. 90-388434 OFFICIAL 'RECORDS OF SAID COUNTY;
THENCE SOUTHEASTERLY .ALONG THE /~RC OF SAID CURVE 6.84 FEET. THROUGH A'
CENTRAL'ANGLE. OF 23003'53" TO THE'TRUE POINT OF BEGINNING (T.P,'O.B.)
SAID POINT BEI. NG THE BEGINNING OF A 'NON-TANGENT CURVE'CONCAVE
'NORTHWESTERLY AND HAVING A RADIUS OF. 14.00 FEET, THE RADIUS OF WHICH
· BEARS SOUTH 73°14'50" WEST; THENCE ALONG SAID.CURVE 29.88 FEET THROUGH A
CENTRAL ANGLE OF 122017'36" TO A REVERSE CURVE, CONCAVE SOUTHWESTERLY,
THE RADIUS O~ WHICH BEARS SOUTH 15o32~6'' WE-ST .'1257.00 FEET; THENCE
WESTERLY ALONG SAID CURVE 99.08 FEET THROUGH A CENTRAL ANGLE OF'04o30'59,,;
'THENCE NON-TANGENT. T~)'SAID CURVE NORTH 68°49,51'' wEST 16.44 FEET TO THE
BEGINNING OF A NON-TANGENT'CURVE, CONCAVE SOUTHWESTER[Y, THE RADIUS OF
WHICH BEARS SOUTH 10°17'17" WEST 1260.00 FEET; THENCE WESTERLY ALONG. SAID
CURVE 41.83 FEET.THROUGH A CENTRAL ANGEE OF'0i°5.4'08'' TO NORTHWESTERLY
LINE OF SAID INSTRUMENT .NO. 90-388434; THENCE ALONG SAID NORTHWESTERLY
LINE SOUTH 39a55'33'' WEST 11:75 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHWES-FERLY, THE RADIUS OF WHICH BEARS 'SOOTH 08°06'15''
WEST 1250.00 FEET,-SAID POINT ALSO BEING ON THE NORTHERLY LiNE OF PARCEL A
AS DESCRIBED IN AN EASEMENT DEED RECORDED NOVEMBER 4,'1959 IN BOOK 4959,
PAGE 357, oF OFFICIAL RECORDS .OF SAID coUNTy; THENCE SOUTHEASTERLY ALONG
SAID NORTHERLY LINE AND 'SAID CURVE 161.54 FEET THROUGH A cENTRAL ANGLE OF
07°24'16'' TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, THE
RADIUS OF. WHICH-BEARS NORTH 15030'31~' WEST 17.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE 39.30 FEET THROUGH A. CENTRAL ANGLE OF 132026'38'' .TO THE
TRUE POINT OF BEGINNING.
CONTAINING 1,408 SQUARE FEET =. 0.03 ACRES, MORE OR' LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND'BY REFERENCE MADE
A PART THEREOF,
EUGEN~H~FFER, L.S. 4~'44~/7a~////
LICENSE EXPIRE SEPTEHBER~, 2~
\\10.20.30.50\engin\3291\0008~survey\ROW~PARCEL 109-2.doc
-.
DATE
I
PARCEL 109-2
/
'0 25 50 1 O0
GRAPHIC SCALE: 1"=50'
.AREA SQ.1,408FEEl' ACRESo.0,3 SQ. METERS],
ASL Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 200
IRVINE, CA 92618
~(949) 727-7099 FAX:(949) 727-7097
-.
EXHIBIT "B"
PARCEL 109-2
POR.
LOT 1 BL
IRVINE'$
soa'o6'~5
SHEET 1
'LY
SU
MRM 1/88
!
1/2 o F//
12 OF.~
IVl$10/N
?
/
/
/
/
/
/
/
/
OF 1
P.O.B.
LINE. TABLE
LINE BEARING LENGTH ,
L 1 N68'49 '51 "W 16.44'
L2 S39'55 '33"W 11.75'
CURVE TABLE
CURVE DEL TA RADIUS LENGTH
C l 23'03'53" 1 Z 00' 6. 84'
C2 122'17',36" 14.00' 29.88'
C3 04'50 '59" 125 7. 00' 99.08'
C4 01 '54 '08" 1260. 00' 41.8`3'
C5 07'24'16" 1250.00' 161.54'
C6 132'26 '`38" 17. 00' 39.30'
PREPARED UNDER THE DIRECTION OF
EUGEN~S"HAFFER, L.S.~'""~ DATE
J.'IOH