HomeMy WebLinkAboutC.C. RES 03-14 1
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RESOLUTION NO. 03-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE
OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY
AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION
CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE
OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF
FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND
DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF
The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its
members, FINDS, DETERMINES, DECLARES, AND RESOLVES that:
WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a
public use, and, in connection therewith, acquire interests in certain real property. The
Project is for a public use that is a function of City; and
WHEREAS, City intends to construct the Project to make effective the principal
purpose of street widening in compliance with the City's General Plan, including but not
limited to property to be used for the protection or preservation of the attractiveness, safety,
and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a);
and
WHEREAS, the Project requires the acquisition of fee interests and temporary
construction easements in certain real property located at 1422 -1472 Edinger Avenue (APN
430-261-22 & 23); and
WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A
together with a map thereof, attached hereto and incorporated herein by this reference, and
exercise the power of eminent domain for the public use set forth herein in accordance with
the California Constitution and the California Eminent Domain Law, Code of Civil Procedure
Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street
right of way); Government Code Section 54031 (parking); Government Code Section 38730
(water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act
acquisitions); and
WHEREAS, the real property interests sought to be acquired for the Project consists
of one parcel and is located within the territorial limits of City and is generally located on the
south side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
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WHEREAS, the Project is planned and located in a manner which will be the most
compatible with the greatest public good and least private injury; and
WHEREAS, City has establistled the amounts it believes to be just compensation for
the hereinafter described real property interests sought to be acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, City has offered to the
owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
WHEREAS, City has provided the owners of the real property and interests therein a
written statement, and summary of the basis for the amount established as just
compensation for the real property and interests sought to be acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offers to the
owners of the real property and interests therein sought to be acquired, and the owners have
failed to .favorably respond'to the offers of the amounts established by City as just
compensation; and
WHEREAS, some or portions of the property and interests therein hereinafter
described are being' acquired as a "remnant" pursuant to Code of Civil Procedure Section
1240.410; and
WHEREAS, some or portions of the property and interests therein hereinafter
described are being acquired ~'or a compatible joint use pursuant to Code of Civil Procedure
Section 1240.510; and
WHEREAS, the Project is part of the City's Capital Improvement Program, and on
August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the
acquisitions required by the Project from the provisions of Government Code, Section 65402;
and
WHEREAS, on April 16, 2001 the City Council approved a Mitigated Negative
Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the
California Environmental Quality Act ("CEQA"), and on May 8, 2001 the City filed a Notice of
Determination under CEQA with the County Clerk of the County of Orange, California; and
WHEREAS, pursuant to the provisions of Code of Civil Procedure, Section 1245.235,
on March 19, 2003 there was mailed a Notice of Hearing on the intent of City Council to
Adopt a Resolution of Necessity for acquisition by eminent domain of the real property
described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and
incorporated herein by this reference. The Notice of Hearing was mailed to all persons
whose names appear on the last equalized County Assessment Roll as having an interest in
the property described in Appendix A, and to the address appearing on the Roll. The Notice
of Hearing advised those persons of their right to be heard on the matters referred to therein
and as specified in Code of Civil Procedure Section 1240.030 on the date and at the time
and place stated therein.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF
CALIFORNIA, finds, determines and orders as follows:
SECTION 1. The above recitations are true.
SECTION 2. The April 7, 2003 staff report has been read and considered along with
all evidence presented at the hearing.
SECTION 3. The hearing set out in the Notice of Hearing was held on April 7, 2003 at
the time and place stated therein, and all interested parties were given an opportunity to be
heard. The hearing was closed.
SECTION 4. Based upon the evidence presented, including the staff report and ali
written and oral evidence presented at the hearing, this City Council by vote of two-thirds or
more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of
the following:
a. The public interest and necessity require the proposed Project.
bo
The proposed Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury.
c. The property described in Appendix A is necessary for the proposed Project.
d,
The offer required by Government Code Section 7267.2(a), together with the
accompanying statement of and summary of the basis for the amount
established as just compensation, was made to the owner or owners of record,
which offer and accompanying statement/summary were in a form and
contained all of the factual disclosures provided by Government Code Section
7267.2(a).
SECTION 5. All conditions and statutory requirements necessary to exercise the
power of eminent domain ("the right to take") to acquire the property described herein have
been complied with by City.
SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby
AUTHORIZED and EMPOWERED:
ao
To acquire in the name of City, by condemnation, the property described in
Appendix A, in accordance with the provisions of the California Eminent
Domain Law and the California Constitution;
b.
To acquire the property in fee simple absolute unless a lesser estate is
described in Appendix A;
C,
To prepare or have prepared and to prosecute or to retain counsel to prosecute
in the name of City such proceedings in the proper court as are necessary for
such acquisition;
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d,
To deposit the probable amount of compensation based on an appraisal, and to
apply to the court for an order permitting City to take immediate possession and
use of the property for the public uses and purposes.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 7th day of April 2003
Mayor
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO. o3-t4
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at
a regular meeting of the City Council held on the 7th day of A?z:±~. , 200_3, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS
NONE
NONE
NONE
PAMELA STOKER
City Clerk
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A,
Bo
Exhibit "A"
Exhibit "A"
Appendix A
CONTENTS
Legal Description Parcel 10009, Parcel 10009.1, Parcel 10009.2
and Parcel 10009.3 (Pacific Bell)
Legal Description Parcel 10009.6, Parcel 10009.7, and Parcel 10009.8
Temporary Construction Easement
(Pacific Bell)
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ROBERT BEIN, WILLIAM FROST & ASSOCIATES
1472~; Alton Parkway
Ir¥ine, California 92618
EXI(IBIT "A"
LEGAL DESCRIPTION
Revised December 7, 199'9
August 31, 1999
JN 10-034145.11
Page i of 6
.'
EDINGER AVENUE
PARCEL' lO00g, PARCEL 10009.1 ,
PARCEL 10009.2' and PARCEL 10009.3
(PACIFIC BELL)
Those certain parcels of land si'tuated in the City of Tustin, County of Orange,
State of California, being those portions of Lot 66, Block 10 of Irvine's
Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous
Records Maps in the Office of the County Recorder of said Orange County,
described as follows:
PARCEL 10009
BEGINNING at the intersection of the northwesterly line of Parcel 1 as described
in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company
recorded December 29, 1983, as'Instrument No. 83-589655 oi= Official Records with
the southwesterly line right-of-way line of Edinger Avenue as described in the
Corporation Grant Deed to the City of Tustin. recorded May 22, 1985, as Instrument
No. 85-187048 of Official Records,. both in said Office of the Orange COunty
Recorder;
thence along said southwesterly right-of-way line through the following 'courses:
South 4'9°21"05" East 60.421 meters to the beginning of a tangent curve concave
southwesterly and having a radius of 43.891 meters;
thence alOng said curve 'southeasterly 8.664 meters through a central angle of
11°i81,36";
thence tangent from said curve South 38002'29" East 3.424 meters to a point in
a line parallel with and 1.524 meters southwesterly of that certain course
described hereinbefore as "South 49°21'05" East 60.421 meters", sa'id point is
hereinafter referred to as Point "A";
thence leaving said southwesterly right-of-way line, along said parallel line
North 49°21'0S" West 72.387'meters to said northwesterly line of the land of The
EXHIBIT "A"
Robert Bein, William Frost & Associates
Edi nger Avenue
Parcel 10009, Parcel 10009.1 ,
Parcel 10009.2. and Parcel lODOg.3
(Pacific Bell)
Revised' December 7, 1999
August 31, 1999
On 10-034145.11
Page 2 of 6
Pacific Telephone and Telegraph Company;
thence along said northwesterly line North 40°38'30'' East 1.524'meters to the
POINT OF BEGINNING
CONTAINING: 103.868 square' meters, more or less.
PARCEL 10009.1
COMMENCING at Point "A" described hereinbefore in Parcel 10009, said point being
in the southwesterly line right-of-way line of Edinger Avenue as described in the
Corporation Grant Deed to the City of Tustin recorded May 22, I985, as Instrument
No. 85-187048 of Official Records in_said Office of'the Orange County Recorder;
thence along said southwesterly right-of-way line .through the following courses:
South 38002'29" East 5.991 meters to the beginning of a tangent curve Concave
northeasterly and having a radius of 49.378 meters;
thence along said' curve southeasterly 9.747 meters through a central angle of
11°18'36";
thence tangent from said curve South 49°21'05" East 25.908 meters to the
beginning of a tangent curve concave southwester~ly and having a radius of 4.877
meters;
thence along said curve southeasterly 2.216 meters through a central angle
of 26°02'13." to the TRUE POINT OF.BEGINNING;
thence continuing along said southwesterly right-of-way line and curve southerly
3.236 meters throUgh a central angle of 38°01'01'' to a point in a line which
bears South 04°18'22'' East from the TRUE POINT OF BEGINNING, 'said point is
hereinafter.referred to as Point "B";
thence leaving said southwesterly right-of-way line North 04°18'22,' West 3.177
meters to the IRIJE POINI OF BEGINNING.
.. ~..~
EXHIBIT "A"
Robert Bein, Hi] liam Frost & Associates
Edi nger Avenue
Parcel 10009, Parcel 10009.1 ,
Parcel 10009.2 and Parcel 10009.3
(Pacific' Bell)
Revised December 7, 1999
August 31, 1999
Jn 10-034145.11
Page. 3 of 6
CONTAINING 0.566 square meters' more or less.
PARCEL 10009.2
COMMENCING at Point "B" described hereinbefore in Parcel 10009.1, .said point
being in .the southwesterly right-of-way line of Edinger Avenue as described in
the. Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as
Instrument No.. 85-187048 of Official Records in said Office of the Orange County
Recorder, said point also being in a curve concave westerly and having a radius
of 4.877 meters, a radial line of said curve from said point bears
North 75°17'51" West;
- thence along said southwesterly line through the following courses: along said
curve southerly 2.208 meters through a central angle of 25°56'46";
thence non-tangent from said curve South 61°02'27" East 10.53'1 meters to an
intersection with a line which bears South 49°21'05" East from said Point "B",
said intersection being, the TRUE POINT OF BEGINNING;
thence continuing along said southwesterly line through the following courses:
South 61002'27', East 7'.522 meters to a point on a non-tangent curve concave
southerly and having a radius of 4.877 meters, a radial line of said cur. ve from
said point bears South 49°21'05" East;
thence along said curve northeasterl.y and easterly 7.66'1 meters through a central
angle.of 90°00'00";
thence tangent from said curve South 49°21'05" East 17.515 meters to a point in
the southeasterly line of Parcel 1 as described in the Corporation Grant Deed to
The Pacific Telephone and Telegraph Company recorded December 29, 1983, as
Instrument No. 83-589655 of Official Records, said point is hereinafter referred
to as Point "C";
thence leaving said' southwesterly right-of-way line, along said southeasterly
line South 40°38'30'' West 1.524 meters to a line parallel with and 1.524 meters
southwesterly? of that ' certain Course described .~ereinbefore as
EXHIBIT "A"
Robert Bein, William Frost & Associates
Edi nger Avenue
Parcel lO00g, Parcel lO00g.l ,
Parcel 1000g.2 and Parcel 1000g.3
(Pacific Bell)
Revised December 7, 1999
August 31, 1999
Jn 10-034145.11
Page 4 of 6
"South 4g°21'05" East 17.515 meters";
thence along said parallel line North 49°21'05'' West 17.759 meters;
thence South 85°38'55" West .6.897 meters' to
South 4g°21'05'' East from said Point "B";
a line .which bears
thence along said line North 4g°21'05". West 7.122 meters to the TRUE POINT OF
BEGINNING .
CONTAINING: 45.339 square meters, more or less.
PARCEL 10009.
BEGINNING at Point "C" described hereinbefore in Parcel 10009.2, .said point being
in the southwesterly right-of-way line of Edinger Avenue as described in the
Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument
No.' 85-187048 of Official Record in said Office of the Orange County' Recorder;
thence along said right-of'way line through the following courses:
South 49021'05" East 94.386 meters to the beginning of a tangent curve concave
westerly and having a radius of 4.877 meters;
thence along said curve southeasterly and southerly 7.661 meters through a
central angle of 90°00'00";
thence radially from said curve South 49°21'05" East 14.630 meters to a point on'
a non-tangent curve concave southerly and having.a radius of 4.877 meters, a
radial line of said curve from said point bears South 49°21'05" East;
thence along said curve northeasterly and easterly 7.661 meters through a central
angle of 90°00'00'' to a point of compound curvature with a curve concave
southwesterly and having a radius of 58.827 meters, a radial line of said curves
from said point bears South 40°38'55'' West;
EXHIBIT "A"
Robert Bein, William Frost & Associates
Edinger Avenue
Parcel tO00g, Parcel 10009.1 ,.
Parcel 1000g.2 and Parcel ~1000g.3
{Pacific Bell)
Revised Decembe~ 7, lggg
August 31, 1999
Jn 10-034145.11
Page 5 of 6
thence along said curve southeasterly 8.759 meters through a central angle of
fl~oqi,K1 ~f..' ...... , .. '.
thence tangent from said curve South 40°49'14" East 9.309 meters to the beginning
of a tangent curve concave northeasterly and having a radius of 64.313 meters;
thence along said curve southeasterly 9.576 meters through a central angle of
08°31 '51";
thence tangent from said curve South 4g°21'05" East 59.701 meters;
thence South 04021'20'' East 11.201 meters to the northwesterly right-of-way line
of Redhill Avenue as described in said Corporation Grant' Deed to the City of
Tustin;
thence' leaving said southwesterly right-of-way line, along said northwesterly
right-of-way line South 40°39'21" West 2.441 meters;
thence leaving said northwesterly right-of-way line North 04°21'20" West 11.206
meters to a line parallel with and 2.438 meters southwesterly of that certain
course described hereinbefore as "South 49021'05" East 59.701 meters";
thence along' said parallel line North 49°21'05' West 53.807 meters tO the
beginning.of a tangent curve concave northeasterly and having a radius of 12.500
meters;
thence along said curve northwesterly 2.409 meters through a centra.1 angle of
11o02,25".
thence tangent from said curve North 38°18'40" West 16.684 meters to the
beginning of a tangent curve concave southwesterly and having a radius of 12.500
meters;
thence along said curve northwesterly 2.409 meters through a central angle' of
11°02' 25';
EXHIBIT "A"
Robert Bein, William Frost & Associates
Edinger Avenue
Parcel 10009, Paf'Cel 10009.1,
Parcel 10009.2 and Parcel 10009.3
{Pacific Bell)
Revised December 7, 1999
August 31, 1999.
3n 10-034145.11
Page 6 of 6
thence tangent from said 'curve North 49°21'05"'West 12.252 meters;
. .
thence South 85°38'55'' West 6.897 meters;
thence North 49°21'05" West 14.489 meters; thence North 04°21'05'' Wes.t 6.897
meters to a line parallel with and 1.524 meters southwesterly of that certain
course described hereinbefore as "South 49°21'05'' East 94.386 meters";
thence along said parallel line North 49°21'05" West 94.477 meters to the
northwesterly line of Parcel 2 described 'in the Corporation Grant Deed to The
Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument
No. 83-589655 of Official Records;
thence along said northwesterly line North 40°38'30,' East 1.524 meters to the
POINT OF BEGINNING .
CONTAINING: 379.441 square meters, more or less.
Unless otherwise noted, all bearings and distances in this description are metric
ground based on the Cali'fornia Coordinate System, (CCC83) Zone VI NAD 1983
(1991.35 O.C.S. GPS Adjustment)
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records.
EXHIBIT "B" attached and by this reference made a part hereof.
Kevin D. McHugh, Jr - ~. 6310
//z '",
SCALE= 1' 500
/O
. /~
POINT "A
P.O.C.
PCL. 1000£. 1
z~= 1 ~ ° 15 '36
.
11°18',36''
L =8. 664m ~
°02 '2£'E
.3.424m
EXHIBIT
SKETCH 7'0 ACCOt~PANT A DESCRIPTION FOR
[DINGEN A VENUE
PANCEL 10009 ,:
(P cznc
CONTAINING 103.868 SOUAR£ METERS
SHEET I OF 3 SHEETS
Robert .Bein, William Frost k Associa t~-s
REV. DECEIVER 7, 1999
PCL . 1000£. 2
PC£. 10009.2
(45. zsmnz ±) 33> -2:.
..
PER
B,3-5B9655,
EXHIBIT 'lB'
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION FOR
EDINGER g VENUE
PARCEL ~000£.!
PARCEL 1'0009.2
(PACIFIC BELL)
o
'38 '30"~'
· 1. 524m ~
SHEET 2 Of' J SHEETS
REV. DECE~ER 7, 1999
It?ST. IVO. B$-1£704B, 0..~.
SCALE= 1'1000
/
,0
NO, B3.5~2~555,
NO4 °21 '20
11. 206m
EXHIBIT 'B'
SK£TCfl TO ACCO~(PANY /4
LEGAL D£$C£1?~'ION FOR
EDINGE£ A VENUE.'
Px~cn rooo~.~
(P~c~nc
11¥$T. Ho.
B5' I B?O~ 8,
SHEET $ OF $ SHEETS
REV. DECEI.'BER 7.
RBF CONSULTING
'14725 Alton Parkway
Trvine, California 92618
EXHIBIT "A"
· LEGAL DESCRIPTION
Revised March 17, 2003
October 24, 2001
JN 10-034145.18
Page ! of 6
EDINGER AVENUE
PARCEL 10009.6, PARCEL 10009.7,
AND PARCEL 10009.8
TEMPORARY CONSTRUCTION EASEMENT
(SBC- PACIFIC BELL)
Those certain parcels of land situated in the City of Tustin, County of Orange,
State of California, being those portions of Lot 66, Block 10 of Irvine's
Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous
Records Maps in the Office of the County Recorder of said Orange County,
described as follows:
PARCEL 10009.6
A strip of land 4.500 meters wide, the northeasterly line of which is described
as fol 1 ows:
COMMENCING at the intersection of the northwesterly line of Parcel I as described
in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company
recorded December 29, 1983, as Instrument No. 83-589655 of Official Records with
the southwesterly line right-of-way line of Edinger Avenue as described in the
Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as InstrUment
No. 85-187048 of Official Records, both in said Office of the Orange County
Recorder;
thence along said southWesterly right-of-way line through the following courses:
South 49°21'05" East 60.421 meters to the beginning of a tangent curve concave
southwesterly and having a radius of 43.891 meters;
thence along said curve southeasterly 8.664 meters through a central angle of
11°18'36"; .
thence tangent from said curve South 38°02'29'' East 3.424 meters to a point in
a line parallel with and 1.524 meters southwesterly of that certain course
RBF Consulting
Edinger Avenue Parcel :[0009.6,
Parcel 10009.7 and Parcel 10009.8
Temporary Construction Easement
(SBC - Pacific Bell)
Revised March 17, 2003
October 24, 2001
Jn 10-034145.18
Page 2 of 6
EXHIBIT "A"
desCribed hereinbefore as "South 49°21'05'' East 60.421 meters", said point is
hereinafter referred to as POint "A"; thence continuing along said southwesterly
right-of-way line through the following courses: South 38°02'29" East 5.991
meters to the beginning of a tangent curve concave northeasterly, and having a
radius of 49.378 meterS;
thence along said curve southeasterly 9.747 meters through a Central angle of
11°18'36";
.,
thence tangent from said curve South 49°21'05" East 25.908 meters to the
beginning of a tangent curve concave southwesterly and having a radius of 4.877
meters;
thence along said curve southeasterly 5.452 meters through a central 'rangle
of 64°03'14" to a point hereinafter referred to as Point "B";
thence leaving said southwesterly right-of-way line non-tangent from said curve
North 04 °18'22' West 3.177 meters;
thence North 04°17'36' West 3.714 meters to a line parallel with and 2.134 meters
northeasterly of that certain course described hereinbefore as
"South 49°21 '05" East 25.908 meters" and the TRUE POINT OF BEGINNING, said point
is also hereinafter referred to as Point "C";
thence along said parallel line North 49°21'05' West 40.984 meters to said Point
thence continuing 'along said parallel line North 49°21'05' West 72.387 meters to
said northwesterly line of the land of The Pacific Telephone and Telegraph
ComPany.
Said strip of land shall be lengthened or shortened northwesterly so as to
terminate, in said northwesterly line of the land of The Pacific Telephone and
Telegraph Company.
EXCEPTING THEREFROM that portion included within said land described in the
Corporation Grant Deed to the City of Tustin.
CONTAINING: 436.447 Square Meters (4698 Square Feet) more or less.
RBF Consulting
Edinger Avenue Parcel 1000g.6,
Parcel L0009.7 and Parcel 10009.8
Temporary Construction Easement
(SBC - Pacific Bell)
PARCEL 10009.7"
EXHIBIT "A"
Revised March 17, 2003
October 24, 2001
Jn 10-034145.18
Page 3 of .6
A strip of land 4.500 meters wide the northeasterly line of which is described
as fol 1 ows:
COMMENCING at the intersection of the southwesterly right-of-way line of Edinger
Avenue as described *in the Corporation Grant Deed to the City of Tustin recorded
May 22, 1985, as Instrument No. 85-187048 of Official Records in said Office of
the Orange County Recorder with the southeasterly line of Parcel 1 as described
in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company
recorded December 29, 1983, as Instrument No. 83-589655 of Official Records, in
said Office of the Orange County Recorder, said intersection is hereinafter
referred to as Point "D";
thence along said southeasterly line South 40°38'30" West 1.524 meters to a line
parallel with and 1.524 meters southwesterly of that certain course described as
"South 50°10'50" East 367.13 feet" in said Corporation Grant Deed to the City of
Tustin and the TRUE POINT OF BEGINNING;
thence along said parallel line North 49°21'05" West 17.759 meters;
thence South 85038'55" West 6.897 meters to a line which bears
South 49°21'05" East from Point "B" described hereinbefore in Parcel 10009.6;
thence along said line North 49°21'05" West 17.926 meters to said Point "B";
thence North 04018'22" West 3.177 meters;
thence North 04°17'36" West 3.714 meters to Point "C" described hereinbefore in
said Parcel 10009.6.
EXCEPTING THEREFROM that portion included within said Parcel 10009.6.
EXCEPTING ALSO THEREFROM that portion included within said land described in the
Corporation Grant Deed to the City of Tustin.
Said strip of land shall be lengthened or shortened southeasterly so as to
'terminate in said southeasterly line of Parcel 1.
CONTAINING: 211.289 Square Meters (2274 Square Feet) more or less.
RBF Consulting · ~
Edinger Avenue Parcel 10009.6,
Parcel 10009.7 and Parcel :1.0009.8
Temporary Construction Easement
(SBC- Pacific Bell)
PARCEL 10009.8
EXHIBIT "A"
Revised March i7, 2003
October 24, 2001
Jn 10-034145.18
Page 4 of 6
A strip of land 4.500 meters wide the easterly and northeasterly lines of which
are described as follows:
COMMENCING at Point "D" . described hereinbefore in Parcel 10009.7, said point
being in the southwesterly right-of-way line of Edinger Avenue as 'described in
the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as
Instrument No. 85-187048 of Official Record in said Office of the Orange County
Recorder;
thence along said right-of-way line through the following cOurses:
South 49°21'05' East 94.386 meters to the beginning of a tangent curve concave
westerly and having a radius of 4.877 meters;
thence along said curve southeasterly and southerZy 7.661 meters through a
central angle of 90°00'00';
thence radially from said curve South 49021'05" East 14.630 meters to a point on
a non-tangent curve concave southerly and having a radius of 4.877 meters, a
radial line of said curve from said point bears South 49021'05" East;
thence along said curve northeasterly and easterly 7.661 meters through a central
angle of 90°00'00' to a ~point of compound curvature with a curve concave
southwesterly and having a radius of 58.827 meters, a radial line of said curves
from said. point bears South 40°38'55' West;
thence along said curve-southeasterly 8.759 meters through a central angle of
08031' 51";
thence tangent from said curve South 40°49'14' East 9.309 meters to the beginning
of a tangent curve concave northeasterly and having a radius of 64.313 meters;
thence along said curve southeasterly 9.576 meters through a central angle of
08°31'51";
thence tangent from said curve South 49021'051" East 59.701 meters;
thence South 04021'20" East 11.201 meters to the northwesterly right-of-way line
of Redhill Avenue as described in said Corporation Grant Deed to the City of
· m- , ·
RBF Consulting
Edinger Avenue Parcel 10009.6,
Parcel 10009.7 and Parcel 10009.8
Temporary Construction Easement
(SBC - Pacific Bell)
Revised March 17, 2003
October 24, 2001
,ln 10-034145.18
Page 5 of 6
EXHIBIT "A"
thence leaving said southwesterly right-of-way line, along said northwesterly
right-of-way line South 40°39'21'' West 2,441 meters the TRUE PO-TNT OF' BEGINNING;
thence leaving said northwesterly right-of-way line North 04021'20,, West 11.206
meters to a line parallel with and 2.438 meters southwesterly of t'hat certain
course described hereinbefore as "South 49021'05,, East 59.701 meters";
thence along said parallel line North 49021'05,, West 53.807 meters to the
beginning of a tangent curve concave northeasterly and having a radius of 12.500
meters;
thence along said curve northwesterly 2.409 meters through a central angle of
11°02,25-;
thence tangent from said curve North 38018'40,, West 16.684 meters to the
beginning o-f a tangent curve concave southwesterly and having a radius of 12.500
meters;
thence along said curve northwesterly 2.409 meters through a central angle of
11 °02'25";
thence tangent from said curve North 49°21'05' West 12.252 meters; .
thence South 85°38'55" West 6.897 meters;
thence North 49°21'05" West 14.489 meters; thence North 04021'05" West 6.897
meters to a line parallel with and 1.524 meters southwesterly of that certain
course described hereinbefore as "South 49021'05" East 94.386 meters";
thence along said parallel line North 4g°21'05' West 94.477 meters to the
northwesterly line of Parcel 2 described in the Corporation Grant Deed to The
Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument
No. 83-589655 of Official Records.
Said strip of land shall be lengthened or shortened so as to terminate southerly
in northwesterly right-of-way line of Redhill Avenue and terminate northwesterly
in said northwesterly line of Parcel 2.
CONTAINING: 998.679 Square Meters (10,750 Square Feet) more or less.
RBF Consulting
Edinger Avenue Parcel 10009.6.,
Parcel :[o00g.7 and .Parcel 1000g.8
Temporary Construction Easement
(SBC - Paci fi c Bell)
EXHIBIT "A"
'Revised March 17, 2003
October 24, 2001
Jn 10-034145.18
Page 6 of 6
ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983
(1991.35 O.C.S. GPS Adjustment)
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records.
EXHIBIT "B" attached and by t'his reference made a part hereof.
Gregory A. Helmer, L.S. 5134
PARC£L 1000£.6
435.447 SQUARE I~ETERS +/- ~
SCALE= 1:500
JR VJiV 'S
11" 18 '35"
R=43.8~ lm
L =8.664m '~
'02 '29"E
3. 424m
EXHIBIT "B"
SKETCH l'O ACCOkfPANY A
LEGAL DESCRIPTION FOR
EDINGER AVENUE
P~CE~ ~oo~.~
TEMPORARY CONSTRUCT/ON EASEMENT
(SBC - PACIFIC BELL)
SHEET I OF 3 SHEETS
r. r-I N ~i U L,TI N G
t~'1/I5~ ~ARCH 17, 2003
OCTOBER 24. 2001
14725 ALTON PAFIKWAY
~ CAL~Of~IIA 92618-2027
g4g.47Z3505 · FAX ~4g.472.B,,q73 · wwwJ:lBF,c~'n
J.N. 10-034145
SEE SHEET 1
NDe
°c~ .
"£~'~5"~ \
~0. 984rn PCL.
" I7'J6,,W\
3. 714m
"OJ' i4"
R=4 . 877m
L =2.208ro
"56 '46.
R=4. 877~
L =5. 452~
t
]JVS'T., ./VO, ~J3-'d6,,::9¢S5,, r'J o
...o'-"'L D5¢¢' 10
JF4 VJJVE ' $' ~ U~ ~ /
4
EXHIBIT
SKETCH TO ACCOMPANY A
LEGAL D£$CI~IPT/ON FOR
ED/NGER AVENUE
PARCEL 1000£.7
TEMPORARY CONSTRUCTION EASEMENT
(SBD - PA¢IF/C BELL}
i u i
10009.6 T.P.O.B.
FO_. ~o0o9. ~
POINT "C"
T.P.O.B.
0"~8'J0"t~ ~.,
1. 524m ~
SHEET 2 OF $ SHEETS
14725 ALTON PARKWAY
· · · I:NNE. CAL~A 92618-2027
CC] N ~ U LTl N I~ 949,472.3s~5 · ~ ~.~; · ~~
~I~ ~ 17, 2003
~T~ 24. 2~I J.N. I~145
PARCEL 10009.8
998.$79 $OUAR£ Ivf£T£RS +/-
-JO
-I / r,)
SCALE= 1:1000
.f
/ ?.C.C.
PRO?OS£D
EXHIBIT
SKETCH TO ACCOWPANY A
LEGAL DESCRIPTION FOR
EDINGEN A VENUE
PARCEL 10009.8
TEWPORARY CONSTRUCTION EASEMENT
(SBC- PACIFIC BELL)
NO4 '21 '20
11.20~m
/
SHEET 5 OF 3 SHEETS
~' ~T~ P~WAY
~ ~ N S U LTl N B ~9,47~ · ;~ ~9,~ · ~F.c~
~I~ ~R~ 17, 2~3
OOT~ 24. 2001 ,I_N 1~414.~