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HomeMy WebLinkAboutRDA PURCHASE PROP 11-20-95RDA NO. 2 11-20-95 DATE: NOVEMBER 20, 1995 Inter-Com TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECt PURCHASE OF PROPERTY AT 14722 NEWPORT AVENUE RECOMMENDATION It is recommended that the Redevelopment Agency: . Adopt Resolution No. RDA 95-8 certifying a Negative Declaration dealing with the acquisition of the property. , Approve Resolution No. RDA 95-10 making a finding of benefit of any acquisition or rehabilitation activities at 14722 Newport Avenue for development of a youth center. o Approve the Purchase and Sale Agreement by and between Lynda L. Lankford as Trustee for the Estate of Physician Office Services, Inc. and the Tustin Community Redevelopment Agency for the property at 14722 Newport Avenue for a youth center. o Appropriate from the South Central Redevelopment Project Capital Projects Fund an amount of $540,000 to be used for the acquisition of the property for architectural design services. FISCAL IMPACT If the Purchase and Sale Agreement is approved, the Redevelopment Agency purchase price for the property will be $480,000 for the property, plus any proration of taxes, bonds or assessments on the property as well as the closing costs. Architectural services are anticipated at $50,000. BACKGROIYND/DISCUSSION The Redevelopment Agency, in the spring of 1995, authorized staff to initiate negotiations for the acquisition of property located at the. northeastern corner of Newport and Sycamore Avenues. The subject property is 23,250 square feet and .534 acres in size. The property is improved with a 6,038 square foot, one story, commercial building and surface parking. The property is currently zoned C-1 Retail Commercial and is outside the boundary area of the South Central Project Area but immediately abutting the Project Area. RDA Report Purchase of Property 14772 Newport Avenue Page 2 As required by Redevelopment Law, the Agency obtained a full appraisal of the property'from Schmitz, Riach & Donahue, which was completed on March 15, 1995. Based on the appraiser's inspection of the property and analysis of matters pertaining to value, using the three standard methods of appraising property (the cost approach, the sales comparison approach and the income approach), the appraisal resulted in the conclusion that the market value of the property was $480,000. A copy of the full appraisal report is on file in the Community Development Department for review. Terms and conditions of the proposed purchase agreement are consistent with the appraisal report and also recognize the status of the property as being part of a larger bankruptcy action. The following is a brief summary of terms and conditions of the purchase: The purchase price will be $480,000. Upon opening of escrow, a $5,000 deposit will be sent to the escrow holder. ® BuYer has the right to approve title and any title exceptions. · Buyer will pay escrow fees, title costs, and transfer taxes. Buyer has the right to inspect property and approve premises. In the event the presence of asbestos-containing materials are discovered, Buyer and Seller will negotiate in good faith, an agreement to share the costs and any Seller's share of these costs would be deducted at close of escrow. Seller waives all rights to relocation assistance under federal, state and local laws. California Redevelopment Law (CRL) requires the use of any Project Area tax increment to be used only within the project boundaries. However, Section 33445 of CRL provides an exception when the Agency makes a finding that the use of these funds outside of the Project Area constitutes a benefit to the Project Area and there are no other funds available for said project. Said funding must be declared through adoption of a resolution adopted by both the Agency and the City Council. Given the lack of vacant land in the South Central Project Area, and the location of the subject property immediately adjacent to the South Central Project Area, acquisition of the subject site and its rehabilitation for a youth center is essential to the implementation of the South Central Redevelopment Project. As part of the South Central Project Area Redevelopment Plan and Five Year RDA Report Purchase of Property 14772 Newport Avenue Page 3 South Central Project Implementation Plan, the Specific Implementation Goal/Objective which relates to the acquisition and rehabilitation of the subject site for a youth center is as follows: "Upgrade substandard public infrastructure systems and public facilities and provide for the installation and construction of new public improvements to meet the requirements of existing and new development in the Project Area". The South Central Implementation Plan also specifically recommends a program to provide recreational facilities for ~hildr~n, young adults and families. ARCHITECTURAL SERVICE At the Redevelopment Agency's meeting of March 20, 1995, the Agency authorized the Executive Director to negotiate an architectural services agreement in an a~ount not to exceed $50,000 for the anticipated youth center, with the hope of ultimately sharing these costs with the Head Start/Taffy programs. While staff has solicited RFP's and are ready to proceed with architectural services, a minor oversight in the 1995-96 budget process resulted in the $50,000 not being appropriated as part of the 1995-96 budget. Since the actual services agreement is not anticipated to exceed $50,000, staff would request that the agency also reappropriate the $50,000 for architectural services as part of their appropriation of acquisition funds. NEGATIVE DECLARATION Under the California Environmental Quality Act (CEQA), the Agency must consider the potential environmental impacts of the actions it takes. If it meets the statutory and regulatory requirements, an action can be determined to be "categorically" exempt from further environmental analysis. This acquisition does meet any of the categories of actions which are exempt. The Staff prepared an initial study and determined there are no potential significant environmental impacts from this acquisition. Pursuant to the requirements of CEQA, staff issued a public notice of this finding, allowing for adequate public comment on this finding. No public comments were received during the public review period. RDA Report Purchase of Property 14772 Newport Avenue Page 4 Therefore, staff recommends adoption of Resolution No. RDA 95-08 certifying the negative declaration. A copy of the initial study and negative declaration is attached for your review. hristine A. Sh~gleton Assistant City Manager CAS:br:ythcntr.rda 1 RESOLUTION NO. RDA 95-08 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA,~ CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ACQUISITION OF THE SITE AT 14722 NEWPORT AVENUE, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Tustin Community Redevelopment Agency does hereby resolve as follows: I. The Agency finds and determines as follows: ae The request to approve acquisition by th~ Agency of the site at 14722 Newport Avenue is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA). Be A Negative Declaration had been prepared for this project and has been distributed for public review. Ce Whereby the Agency has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. De The Agency has evaluated the proposed final Negative Declaration and determined it to be adequate and complete. II. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The Agency having final authority over the acquisition of the subject site has received and considered the information contained in the Negative Declaration, prior to approving the acquisition of the subject site, and found that it adequately discussed the environmental effects of the proposed project. On the basis of the initial study and comments received during the public review process, the Agency has found that the proposed project would not have a significant effect on the environment. PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency, held on the 20th day of November, 1995. JIM POTTS Chairman. Tustin Redevelopment Agency PAMELA STOKER City Clerk COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92680 (7149 573-3105 NEGATIVE DECLARATION Project Title: 700 tW (e,~T~O-- ~ c,'~ /4cc/a/~/zz~U Project Location: d/~ 2ZZ- /[J~~/zr-,~ ~tt, c.~ Project Description:/I//c~ *, rT~ den Ff~ ~. //~¢~,~~ /~CT u(~ / /'7 ~ ~ Project Proponent: /~;>e_~~_.et¢- r~'~7'/~"'t ? &7': /'7~.5r¢ r) Lead Agency Contact Person: Cd. ~f Aq~7~ Telephone: The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: That. there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on 'file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. m vn w mo, 4:00 1/n J Date . . _... C~hristine /I A. Shingleton ~// Community Development.Director NEGDEC. PM5 3704.A COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92680 ('714,) 573-3105 INITIAL STUDY ae BACKGROUND Project Title: Lead Agency: City ofTustin O_ommU~&~ R~,,t~eoeto¢,n=~+ g[eacg 300 Centennial Way Tustin, California 92680 Lead Agency Contact Person: Project Location: Iq3ZZ Project Sponsor's Name and Address: General Plan Designation: Zoning Designation: Phone: "/Iq- 557 B-~17-._ I 0_.-I project Description: Surrounding Uses: Noah South ~ East West ~o_~ :cI~ n"h c_. [ Oi-ange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other Other public agencies whose approval is required: ~9 ~ ~o ¢- City of Irvine [] City of Santa Ana 12] Orange County EMA Ce ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indic, ated by the checklist in Section D below. [] Land Use and Planning [] Hazards I~1 Population and Housing [] Noise · ~ Geological Problems [] Public Services 22] Water [] Utilities and Service Systems ~ Air Quality [] Aesthetics [2] Transportation & Circulation [] Cultural Resources ~ Biological Resources .. [2] Recreation [~1 Energy and Mineral Resources I~] Mandatory Findings of significance DETERMINATION: [21 [21 On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheets have been added 'to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL 'NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EI[ Signature I Printed Nam, mitigation measures that are imposed upon the proposed project. Date m m~ Title D. ENVIRONMENTAL IMPACTS: [2] Earlier analyses used: Do Available for review at: City of Tustin Community Developtnent Department 1. LAND USE & PLANNING- Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect agricultural resources or operations? · 0 e) Disrupt or divide the physical, arrangement of an established community (including a low-income or minority community)? 2. POPULATION & HOUSING - IVould the proposal: . a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS -. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. '~VATER - Would the proposal result in' a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface xvaters or other alteration of surface water quality (e.g., temperature, dissolved ox3'gen or turbidity)? d) Changes in the amount of surface water in an), water body? e) Changes in currents, or the course or direction of water movements? Potentially Significant Impact Potentially Significant Unless Mitigation 'Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 e f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies?' AIR QUALITY - Would the proposal: · o a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause an3, change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION - Would the proposal result in' a) Increased vehicle trips or traffic congestion? b) Hazards to safety' from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - WouM the proposal: a) .Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? Potentially Significant Impact Potentially ~i gn i fi can[ Unless g4itigation Incorporqted Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 O' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Impact t-otential]y Significant Unless g¥itigation Incorporated Less than Significant Impact No Impact 9. HAZARDS - Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas xvith flammable brash, grass, or trees? 10. NOISE - Would the proposal result in: 11. '12. a) Increases in existing noise levels? b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? · . d) Maintenance of public facilities, including roads? e) Other government sen, ices? UTILITIES & SERVICE SYSTEMS - lfbuid the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? ' d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .[2] 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14. CULTURAL RESOURCES - Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change xvhich would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION - Would the proposal: . , a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate' important examples of the major periods of California history or prehistory? b) c) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which x~dll cause.substantial adverse effects on human beings, either directly or indirectly? Potentidlly Significant Impact Potentially Significant Unless Lesx than Mitigation Significant ]ncorporated. Impact No Impact me EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD. PM5 3702A SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September 21, 1995 Page I PROJECT DESCRIPTION SUPPLEMENT The Tustin Community Redevelopment Agency has entered into a purchase agreement through the Federal Bankruptcy Court, to acquire the existing, vacant retail site at 14722 Newport Avenue, the northeast corner of Newport Avenue and Sycamore Avenue, Tustin, California. The site is currently developed with an approximately 6000 square foot retail bui+ding, and attendant parking and landscaping. The building is currently vacant and has been for approximately three years. The Redevelopment Agency will utilize the site for a Youth Center to provide both pre- school facilities through the Head Start program and recreational and other services for older youths within the community. The proposed project is the acquisition of a the site. The potential environmental impacts of the expected rehabilitation of the building will be analyzed when the extent of the work to be done is determined. ENVIRONMENTAL IMPACTS 1. Land Use and Planning Items a through e -"No Impact" The Tustin General Plan designates the property as "Public/Institutional," allowing for public facilities. The zoning of the property is C-1. The C-1 zone allows, with a conditional use permit, pre-schools, and social halls. Professional offices are an allowed use in the C-1 zone. The property acquisitiOn will not result in a use which conflicts with the General Plan or Zoning Code. Nor will it be incompatible with surrounding land uses, affect agricultural operations or disrupt an established community. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required' by CEQA will be prepared for the construction and entitlement phase of the Project. SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September .21,1995 Page 2 Source: Field Investigation City of Tustin General Plan City of Tustin Zoning Code . Population and Housing Items a through c -"No Impact" This property acquisition will not result in any population increase regionally or locally nor will it directly or indirectly induce growth in the area. There is no housing which will be displaced. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field Investigation Tustin General Plan ge Geologic Problems Items a through i -"No Impact" A property acquisition by itself will not result in or expose people to' fault ruptures, ground shaking, ground failure, Seiche, tsunami or volcanic hazards, landslides or mud flows, erosion, subsidence, or expansive soils. Nor does the site have any unique geologic or physical features. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan Open Space/Conservation/Recreation Element SECTION E Discussion of Environmental Evaluation Property Acquisition- 14722 Newport Avenue September 21,1995 Page 3 4. Water Items a through i -"No Impact" A property acquisition by itself will not result in any of the following: changes absorption rates or drainage or runoff patterns, exposure of-people to flooding or other hazards, alteration of the discharge of surface water or surface water quality, changes in the amount off surface water, changes in currents or water movements; changes in the quantity of ground waters, any alteration in the direction or rate of flow of groundwater or its quality, or a substantial reduction in groundwater. Subsequent t° acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan, Public Safety & Open Space/Conservation/Recreation Elements e Air Quality Items a through d - "No Impact" A property acquisition by itself will not violate any air quality standard or contribute to an existing or projected air quality violation, expose sensitive receptors to pollutants, alter air movement, moisture or temperature, cayuse a change in the climate or create objectionable odors. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source SCAQMD Guidelines Tustin General Plan, Air Quality Sub-Element SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September 21,1995 Page 4 . 7~ Transportation & Circulation Items a through g - "No Impact" A property acquisition by itself will not result in the following: increased vehicle trips or traffic congestion, design safety hazards, inadequate emergency access or access to nearby uses. insufficient parking capacity, hazards or barriers to pedestrians or bicyclists, conflict with adopted policies supporting alternative transportation or impact rail, waterborne or air traffic. Subsequent to acquisition of the property, .a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan Circulation and Land Use Element Biological Resources Items a through e -"No Impact" A property acquisition by itself will not impact any of the following: endangered, threatened or rare species or their habitats, locally designated species, locally designated natural communities, wetland habitat or wildlife dispersal or migration corridors. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan Open Space/Conservation/ Recreation Element SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September 21,1995 Page 5 e Energy and Mineral Resources Items a through c -"No Impact" A property acquisition by itself will not conflict with adopted energy conservation plans, use nonrenewable resources in a wasteful and inefficient manner or result in the loss of availability, of a known mineral resource that would be of future value to the region. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field Verification Tustin General Plan Public Safety Element . Hazards Items a through e -"No Impact" A property acquisition by itself will not result in any of the following: risk of accidental explosion or release of hazardous substances, interference with emergency response or evacuation plans, creation of a health hazard or potential health hazard, exposure of people to health hazards or increase in fire hazards. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project.. Source: Field Verification Tustin General Plan Public Safety Element SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September 21,1995 Page 6 10. Noise Items a and b -"No Impact!' A property acquisition by itself will not result on increased noise nor will it expose people to severe noise levels. Subsequent to acquisition of the property, a final project design for the Youth Center will be. prepared. At that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan NOise Element 11. Public Services Items a through c -"No Impact" Items d and e - "Less than Significant Impact" 7~ property acquisition by itself will not result in a need for increased fire or police protection or for additional schools or school facilities. The acquisition will cause a less than significant increase in 'the need for maintenance of the facility and other governmental services. The cost is considered minimal an not significant. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared, at that time'additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan Public Safety and Open Space/ Conservation/Recreation Elements SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September 21,1995 Page 7 12. Utilities Items a through g -"No Impact" A property acquisition by itself will not result in an impact on power or natural gas, communications systems, local or regional water treatment or distribution facilities, sewer or septic tanks, storm water drainage, solid waste disposal or local and regional water supplies. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared, at that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan Open Space/Conservation/ Recreation Element 13. Aesthetics Items a through c -"No Impact" A property acquisition by itself will not affect a scehic vista or a scenic highway, have any demonstrable negative effect on aesthetics or create light and glare. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared, at that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan Land Use Element SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September 21,1995 Page 8 14. CULTURAL RESOURCES Items a through d - "No Impact" A property acquisition by itself will not disturb any paleontological or archeological resources, have the potential to cause a physical change affecting unique cultural values or restrict existing religious or sacred uses of the site or the potential impaCt area. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared, at that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification City of Tustin Cultural Resources Survey Report Tustin General Plan, Open Space/Conservation/ Recreation Element 15. Recreation Item a -"No Impact" Item b - "Less Than Significant Impact" A property acquisition by itself will not result increase the demand for neighborhood parks, regional parks or other recreational facilities. The acquisition will, however, have less than significant impact inasmuch as it will expand recreational opportunities for youths in an area the city has identified as deficient in recreational facilities. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared, at that time additional environmental analysis required by CEQA will b(~ prepared for the construction and entitlement phase of the Project. Source' Field verifi'cation City of Tustin Community Services Department Tustin General Plan Open Space/Conservation/ Recreation Element SECTION E Discussion of Environmental Evaluation Property Acquisition: 14722 Newport Avenue September 21,1995 Page 9 16. Mandatory Findings of Significance Items a through d - "No Impact" A property acquisition by itself will not result in: o The potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause fish or wildlife populatLon to drop below self-sustaining levels, threaten to eliminate plant or animal communities, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory; . The achievement of short term goals to the disadvantage of long term, environmental goals; 3. Have impacts that are individually limited but cumulative considerable; or . Have environmental effects which will cause substantial direct or indirect adverse effects on human beings. Subsequent to acquisition of the property, a final project design for the Youth Center will be prepared, at that time additional environmental analysis required by CEQA will be prepared for the construction and entitlement phase of the Project. Source: Field verification Tustin General Plan City of Tustin, Community Development Department rzimmer\youth~negdec 1 RESOLUTION NO. RDA 95-10 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM THE SOUTH CENTRAL PROJECT AREA· FOR THE PURPOSE OF ACQUIRING PROPERTY AND REHABILITATION ACTIVITIES AT 14722 NEWPORT AVENUE WILL BE OF BENEFIT TO THE PROJECT. The Redevelopment Agency of the City of Tustin does. hereby resolve as follows: WHEREAS, the Community Redevelopment Agency of the City of Tustin (the "Agency") has adopted a Redevelopment Plan (the "Redevelopment Plan") for the South .Central Project Area (the "Project"); and WHEREAS, the Redevelopment Plan provides for the allocation of taxes from the Project Area; and WHEREAS, Section 33445 of the Health and Safety Code provides that Redevelopment tax increment funds may be used outside of a project area' if a finding is made by funds of the Agency and the City Council that such use will be of benefit to the.adjacent Project Area and there are no other reasonable means of financing the acquisition and cost of improvements; and WHEREAS, the City of Tustin has determined that development of a youth center would benefit the Southwesterly portion of the City, the boundary of which includes residential target areas located immediately adjacent to but outside the South Central Redevelopment Project Area; and WHEREAS, the South Central' Redevelopment Project Area and Five Year South Central Project implementation authorizes the upgrading of substandard public infrastructure systems and public facilities and the installation and construction of new public improvements to meet the requirements of existing and new development in the South Central Project Area. WHEREAS, the South Central Five Year Implementation Plan specifically recommended a program to provide recreation facilities to benefit children, young adults and families in the South Central Project Area. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. RDA 95-10 Page 2 NOW, THEREFORE, the Community Redevelopment Agency of the City of Tustin does hereby find and resolve as follows: Section 1: The Agency hereby finds that the use of taxes allocated from the South Central Project Area to be used outside the boundaries of the Project Area for the purpose of acquisition and rehabilitation activities at 14722 Newport Avenue for development of a youth center will be of direct benefit to the South Central Project Area and that no other reasonable means of financing for said project are available in the Community. PASSED AND ADOPTED at' a regular meetin~ of the Redevelopment Agency held on the 20th day of November 1995. Jim Potts Redevelopment chairperson Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RDA RESOLUTION NO. 95-10 PAMELA STOKER, City Clerk and ex-officio Clerk of the Redevelopment Agency of the City of Tustin, California does hereby certify that the whole number of the numbers of the Redevelopment Agency of the City of Tustin is 5; that the above and foregoing RDA Resolution No. 95-10 was duly and regularly introduced, passed and adopted at a regular meeting of the Redevelopment Agency held on the 20th day of November, 1995, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: DO: BR\RDARESOS\95-10 PAMELA STOKER City Clerk PURCHASE AND SALE AGREEMENT This Agreement is made as of ,1995, by and between Lynda L. Lankford as Trustee, for the Estate of Physicians' Office Servicesl Inc., Case No. 92-12394, Chapter 7, United States Bankruptcy Court, Western District of Texas, (hereinafter "Seller"), and the Tustin Community Redevelopment Agency, a California community redevelopment agency (hereinafter "Buyer"). RECITALS '1. ' This Agreement concerns real property located at 14722 Newport Avenue, in the City of Tustin, County of Orange, State of California. The property comprises Orange. County Assessor's Parcel No. 432-141-12, and is further described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Property").- 2. Physicians' Office Services, Inc. currently holds legal title to the Property, subject to certain easements, liens and instruments noted in the official records of Orange County, California. 3. The Property is listed as an asset of Physicians' Office Services, Inc., .in a bankruptcy filed under Chapter 7 (Case No. 92-12394, Chapter 7, United States Bankruptcy Court, Western District of Texas). NOW, THEREFORE, in consideration of the. mutual promises and covenants contained herein, the parties agree as follows: AGREEMENT Section 1: Agreement to Sell and to Purchase Pursuant to Section 63 of the Bankruptcy Code and subject to the terms and conditions of this Agreement, Seller agrees to sell the PropertY, and Buyer agrees to purchase the Property, free and clear of all liens, claims and encumbrances. This sale shall be consummated through an escrow established with First American Title Insurance Company, 114 East Fifth Street, Santa Aha, California 92701, Attention: Eric Bowen (hereinafter "Escrow Holder"). Upon written notice to Buyer from Seller of the approval of this Agreement by the United States Bankruptcy Court, western District of Texas (the "Court Approval"), and no objection having been filed or appeal having been taken from the Court Approval, the parties shall deposit fully executed identical escrow instructions with Escrow Holder. Seller shall execute acknowledge and deliver into escrow a grant deed, as described in Section 3 herein, to be recorded at close of escrow, conveying the Property directly to Buyer. Seller shall also execute and deliver into escrow (a) a copy of the Court Approval authorizing Seller to sell the property; (b) a letter from Seller stating that to the best of Seller's knowledge there are no tenants or unrecorded leases for the Property. Upon satisfaction of the focegoing conditions and Buyer's conditions described in SectiOn 10 herein, the purchase price shall be paid by Buyer through escrow. The date for close of escrow shall be thirty (30) days after the date of Court Approval, or within ninety (90) days of Court Approval if a timely objection or appeal is filed, but in any event, no sooner than satisfaction of Buyer's conditions described in Section 10 herein. The parties may extend the date for close of escrow, by written agreement. "Close of escrow" means the date when the grant deed to the Property from Seller to Buyer is recorded." Section 2: Fixed Purchase Price The purchase price fixed for the Property is four hundred, eighty thousand dollars ($480,000), and shall be paid by Buyer to Seller as follows: 2.1 Upon the opening of escrow Buyer shall.pay five thousand dollars, ($5,000.00) by wire transfer or certified check, payable to Escrow Holder for the benefit of Seller, as a deposit to be applied to the purchase price at close of escrow, ("Buyer's deposit"). Subject to Buyer's conditions and rights to cancel in Section 10 herein, if Buyer refuses to perform its obligation in Section 2.3 below, then at Seller's option this Agreement shall be cancelled. In such event, Buyer shall pay all title company and escrow charges. Upon demand of Seller, Escrow Holder shall release Buyer's deposit to Seller. 2.2 EscrOw Holder shall be instructed to place Buyer's deposit into an interest- bearing account for.the benefit of Seller. The terms of the interest-bearing account shall not prevent timely release or applications of the deposit, as provided in this Agreement, for the benefit of Seller. 2.3 Upon satisfaction of Buyer's conditions as described in Section 10, Buyer shall deposit into escrow for the benefit of Seller, the balance of the purchase price, payable by wire transfer at least one business day before close of escrow. 2.4 Out of the purchase' price amount deposited by Buyer pursuant to Sections 2.1 and 2.3 herein, Escrow Holder shall pay all defaulted ad valorem real property taxes, and assessments, and other defaulted taxes not discharged in Case No. 92-12394, for which the Property remains liable, owing as of the date of recordation of the grant deed. Subject to Seller's and Buyer's written cost sharing agreement providing for a credit to Buyer, as described i'n Section 10.4, if any, the balance of the purchase price remaining on deposit shall be paid to Seller by Escrow Holder at close of escrow. Section 3: Fee Simple Interest to be Conveyed Seller shall by grant deed convey to Buyer a fee simple interest in the Property in the form attached hereto as Exhibit "B", free and clear of all liens, claims, encumbrances, 1101-00001 15268_3 leases, deeds of trust, mortgages and assessments, except for current, general and special real property taxes, bonds and assessments, except for all other matters of public record, as shown on a current title report for the Property, which shall have been approved by Buyer as provided in this Agreement. Section 4: Proration of Taxes, Bonds and Assessments All general and special real property taxes, bonds and assessments shall be prorated as of the date the grant deed is recorded, on the basis of a 30 day month. Any supplemental tax bills shall be prorated between the parties outside of escrow. In no event shall Buyer be responsible for paying any taxes, bonds or assessments for any period before recordation of the deed. Section 5: Easements not of Record To the current, actual knowledge of Seller, Seller states to Buyer that as of the. date of this Agreement and as of the date of close of escrow, Seller has no actual knowledge that the title conveyed to Buyer is encumbered by any easements, licenses, or other rights not disclosed by the public record. Section 6: Contracts Concerning Property To the current, actual knowledge of Seller, Seller states that as of the date of this Agreement, and as of the date of close of escrow, Seller has no actual knowledge of contracts, licenses, leases, commitments, or undertakings respecting maintenance of the Property or equipment on the Property, or the performance of services on the Property, or the use of the Property or any part of it, or any agreement or contract of any kind pertaining to the Property by which Buyer would become obligated or liable to anyone. Section 7: Violations To the current, actual knowledge of Seller, Seller states that as of the date of this Agreement, and as of the date of close of escrow, Seller has no actual knowledge of violations of any statute, ordinance, regulation or administrative or judicial order or holding, whether or not appearing in public record, existing or to exist, with respect to the Property or any improvements on the Property. Section 8: Compliance with California Health and Safety Code Section 25359.7 As of the date of this Agreement and as of the close of escrow, Seller states that Seller is aware of California Health and Safety Code Section 25359.7, and that Seller represents and warrants that to the best of Seller's actual knowledge, and without any independent investigation having been made by Seller, Seller neither knows of, nor has reasonable cause to believe, that any release of hazardous substance has come to be 1101-00001 15268_3 located on or beneath the Property. To the current actual knowledge of Seller, there is no proceeding or inquiry by any governmental authority, including without limitation the Environmental Protection Agency or the California State Department of Health Services, with respect to the release of hazardous substances on the Property or their migration from or to other property. For purposes of this Agreement, the terms "release" and "hazardous substance," shall be as defined in California Health & Safety Code §§25316, 25317, 25320 and 25321. With respect to the statements made by Seller in Sections 5 through 8, Buyer acknowledges that Seller, a Texas resident, has never seen the Property, and has made no attempt to verify any of the conditions concerning any of the matters referred to therein. Section 9: Closing Costs Buyer will pay the escrow fee, the premium for the ALTA Standard Owner's Title Insurance Policy, any California documentary transfer taxes, and the fee to record the grant deed. Section 10: Buyer's Obligation to Perform Subiect to Conditions Buyer's obligation to perform this Agreement is subject to the satisfaction of the following Conditions, which are for Buyer's benefit only: 10.1 Approval of Title Buyer's obligation to perform this Agreement is subject to Buyer's review and approval of a title commitment by Escrow Holder. Escrow Holder shall be able to issue in favor of Buyer an ALTA Standard Owner's Title Insurance Policy dated as of the date of close of escrow, on its usual form, with liability not less than the purchase pdce, covering the Property, showing title vested in Buyer, and showing as exceptions only current, general and special real property taxes, bonds and assessments not yet delinquent, and the exceptions to title that Buyer has approved. 10.2 Notice of Disapproval of Title Exceptions Escrow Holder shall furnish to Buyer, prior to the date this Agreement is signed by all parties, or as soon thereafter as possible, with a title commitment for an ALTA title policy and legible copies of all documents reported as exceptions in it ("Title Documents"). Buyer shall notify Seller and Escrow Holder in writing within twenty (20) days after receipt of the commitment and the Title Documents of Buyer's disapproval of any exception in those documents. .If any supplemental title commitment or documents are submitted, then Buyer shall notify Seller and Escrow Holder in writing within ten (10) days after Buyer's receipt of such items of Buyer's 1101-00001 15268_3 disapproval of any title exception set forth therein. Failure of Buyer to timely notify Seller and Escrow Holder in writing of Buyer's disapproval of any title exceptions shall conclusively be considered as Buyer's approval of same. if Buyer disapproves any title matter referred to in this paragraph, then, at Buyer's option, this Agreement and the escrow shall be cancelled, and in such event Buyer shall pay all title company and escrow charges. 10.3 Buyer's Election to Cancel If Buyer, pursuant to Section 10.2, notifies Seller that Buyer disapproves any matter set out in the title commitment or any supplement, or if Buyer delivers to Seller a disapproval notice described in paragraph 10.4 below, or if there is a breach of any representation given by Sell.er pursuant to this Agreement that is discovered by Buyer before close of escrow, then if the notice is pursuant to Sections 10.2 or 10.4 (2) herein, Buyer may nevertheless elect to proceed to close the escro~v, in which event Buyer shall be deemed to have elected to waive such disapproval or breach, or Buyer may elect to terminate this Agreement and the escrow, in which event this Agreement shall be cancelled. In the case of'a Section 10.4 (1) notice, Buyer and Seller agree to proceed as specified in that section to negotiate an agreement to share removal costs. If this Agreement and the escrow are terminated by Buyer's election under this paragraph, then all funds or other things deposited by Buyer shall be returned to Buyer immediately on demand. Buyer shall pay all title company and escrow charges. 10.4 Buyer's Approval of Premises Buyer's obligation to perform this Agreement is subject to Buyer's right to inspect and approve the premises. As soon as possible but at least upon opening of escrow, Seller shall permit Buyer to enter the Property to inspect the premises. Buyer shall have thirty (30) days from the opening of escrow to deliver to Seller a disapproval notice: (1) based on the presence of asbestos-containing materials ("ACMs") or polychlorinated biphenyls ("PCBs"), or both, on the Property and that Buyer reasonably determines in good faith, based upon the advice of an environmental consultant, should be removed safely and in accordance with law, before construction, renovation or occupation of the premises by Buyer or (2) based on the physical condition of the Property and Buyer has determined, in good faith, that its intended use of the Property would not be practicable. In the event such notice is delivered to Seller based on (1), Buyer and Seller agree to negotiate in good faith, a written agreement to share the costs of removal of the ACMs or PCBs; however, Seller's share shall not exceed 25% of the purchase price. Upon execution by the parties such agreement shall be deposited into escrow. Seller's agreed share of such costs shall be deducted by Escrow Holder from the purchase price amount payable to Seller at close of escrow, and credited to the account of Buyer, for release by Escrow Holder to Buyer at close of escrow. 1101-00001 15268_3 Section 11: Relodation Benefits Seller hereby acknowledges that Seller and Buyer have agreed upon the purchase price prescribed herein and have taken into account any claim Seller might have for relocation assistance and/or benefits. Conditioned upon close of escrow, .geller hereby expressly waives any and all rights and claims to any type, kind or amount of relocation benefit whatsoever, including but not limited to such similar rights prescribed or any state, federal or local law or regulation with respect to the Property. Section 12: Warranties to Survive Delivery of Deed · ~ All warranties, and other obligations stated in this Agreement shall survive delivery of the deed. Section 13: Notices All notices and demands shall be given in writing either by personal service or by registered or certified mail, postage prepaid, and return receipt requested, or by facsimile transmission with a confirmation copy delivered by mail. Notice shall be considered given on the date appearing on the return receipt, but if the receipt is not returned within five days, then forty-eight (48) hours after mailed. Notices Shall be addressed as shown below for each party, except that, if any party gives notice of a change of name or address, notices to that party shall thereafter be given as shown in that notice. To Seller: Lynda L. Lankford Chapter 7 Trustee 301 Congress Avenue, Suite 1400 Austin, Texas 78701 Facsimile: (512) 473-2159 To Buyer: Tustin Community Redevelopment Agency 300 Centennial Way Tustin, California 92680 Attention: Christine Shingleton Assistant Executive Director Facsimile: (714) 832-0825 With a copy to: Rourke, Woodruff & Spradlin 701 South Parker Street, Suite 7000 Orange, California 92668 Attention: Lois E. Jeffrey, Esq. Facsimile: (714) 835-7787 1101.00001 15268_3 Section 14: Binding on Successors This Agreement inures to the benefit of, and is binding on the parties, their respective heirs, personal representatives, successors and assigns. Section 15: Integration Clause This Agreement constitutes the entire Agreement between the parties and supersedes any prior discussion, negotiations, or agreements whether oral or written regarding the subject matter of this Agreement. Section 16: Captions, Controlling Law The captions heading the various paragraphs of this Agreement are for convenience and shall not be considered to limit, expand or define the contents of the'respective paragraphs. This Agreement shall be interpreted under California Law and according to its fair meaning, and not in favor of or against any party. Section 17: 'Warranty of Authority to Enter into this Aqreement Attached hereto as Exhibit C is a certified Resolution of the Tustin Community Redevelopment Agency, authorizing the execution of this Agreement on behalf of Buyer. Seller's authority to enter into this Agreement shall be evidenced in writing by Court Approval of the United States Bankruptcy Court, Western District of Texas. Executed on the date first written above. BUYER TUSTIN COMMUNITY REDEVELOPMENT AGENCY, A California Community Redevelopment Agency By: Executive Director/Assistant Executive Director APPROVED AS TO FORM: Lois E. Jeffre~sel 1101-00001 15268_3 SELLER LYNDA L. LANKFORD, Chapter 7 Trustee for the Estate of Physicians' Office Services, Inc. 1101-00001 15268_3 OR-9a366T0 ,- . ..... : EA.i~LB IT A =- -":" "- ........ -' ..... _qED .... TO iN ,Ti=_iS GUA?.AzNTEE '- ~ C-Td' .,~:n :~,: THE · :"'---- ,L:. 'A!'N-D RE: :?.P_E u ---v ,--:c- iN' ~_,N~3 _ S :-,' =-~ C_'-':_LZ=-OP.-NiA, COI"N~"'Y OF OFJ-I{GE, C CF ..... FOLLOWS: ,.--~-~ oO='~lON OF LOT =9 iN' ELOCK ~ i OF ,_.-..v=:'~: S SUbDiViSiON - ' - .',:2:S iN ?.-_~ OFFICE OF -"=--~ '~--COP,_OED iN BOOK i PAGE 88 OF MiSCELL~N-EOUS -"'.''"~Wc :-:.S :,...t.,,~,_, --: COUNii'~- :-?CO,:LDER OF SAiD "'""~'--~ E E~ ..-NI~-iNG :'~-: T-'~ CEN~ZER L iN-E iNTERS ECT ich' O F ...... ~_LONG ,.. ,,," . . ...... c----tv iSS.O0 :::- - A'v-EN-,J-E, ~ SHOWi~ ON SAZD ...."-:ENCE oN --~ '"'-' AV'EN-JE; _'=:-L:--NCE S,..,".~ :.:..=_-~TERL. Y _ ~ 0.. 00 FEET ~--=-~- CE_N'TER r.iNE OF N-E~- Or.: SvC: ~C?,: AVEN-u-E c'-?,=ET; Ti-iENCE ~---- .._1,_? ,,_,- -- r-r: LiN~E OF - '-~" '-- --' - ____..--'9_~:_ALLEL ,~ ,_ :. :. ~..=_-. C:N :--- SOi,'::_,q-~'ESTEF-LY !85.00 FEET p}3...'-r,LEL WIT:-'. THE CENT-E?. LiNE OF N-EWPORT A'v~EN'O-E TO %N---"-" CENTER L=NE OF SYC-:J~'O?~ STREET; Ti-:ENCE 200.00 FEET''~LONG SAiD CEN-rE?, LiNE JO TEE pC,"NT OF :EGIN!4'--NG- ---,-'---'~"," ,.~,_.=.. NOR,-~i{-~STE?..Ly' 20.00 FEET =..,',-'- ...... -,""',: ,'3 C'F 2 ~ O-" :"-=--'~'--- SAiD !~~--'N'D i SHOkiN' ON --- M3'.? :~.::D iN -'~"'~ 7i PAGE -- - OF TXE COU--NTY ?.ECCP~ER CF SAiD CO SL?JJEYS, r-!¢ :HE O.': ,_.C: EXHIBIT "B" WHEN RECORDED MAIL TO: Tustin Community Redevelopment Agency 300 Centennial Way Tustin, CA 92680 Attention: Christine Shingleton Assistant Executive Director Space Above This Line For Recorder's Use MAIL TAX STATEMENTS TO: SAME AS ABOVE DOCUMENTARY TRANSFEI~ TAX $ -0- __ Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. exempt - public a,clency Signature of Declarant or Agent determining tax - Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LINDA K. LANKFORD, Chapter 7 Trustee for the Estate of Physicians' Office Services, Inc. hereby GRANT(S) to the TUSTIN COMMUNITY REDEVELOPMENT AGENCY the real property in the City of Tustin, County of Orange, State of California, described as See Exhibit "A" attached hereto and incorporated herein by this reference. ..- ,-_--r-~ ='~; .C'_i-~E c'rz'-"-- CF GUf-_--.'-.NTEE '- £ -~ ~- ........... ' - .--_-_- .-.~_,N,-D :------~3.ED TO T,N' iZ.-~Z£ C ..... ' ..... Y C?J-2'~GE, C--V y _ _ C.f_ z~. =_- ~ 2..z.N' i f-. CC Ui~-ZY O _--'G LL,O ~'S: r," " OF ,F..VZ"_~'E' ,--_-'- '-' ?O.:.TZ.O'-N' OF LOT % 9 , Z_N' ~;._,C:. Ll - - ---- '---":'- ...... .,,~.'.. = ~ iN ;'-:--"- - ' G 8, 5 OF "'4TSCELL-"-2~z'Cu~ .... "- ---'-- T=ED COUlx?f ?--CC?'.DE7-OF S-'-.'D ,...~u'-'~--, ----- ~ G -. ......... NO ...... .. ~ --- ...... ._,~, - ~r ~-_ . ; , L,__~ , -- .... ,---- '~'.--r--. --'---'--'- . ' r..~-- ~. --0 - .~-.--.-~_ - c c ~,.~.'N.~ O~-~ ...... _ -- ----. ~'-----N~-- -' '' -- _--,.,--- r :-:~--- OF :N--~-'~' ..... -' ~_ '"'~'"'-- ¢- '4 ' - .~,. --:--- *"' - --'~r-~_ ¢ :' ~--'----' ' ''-'-' - --"'-- '~- 94 - ~N "' '"' ' ~' - .... rS--'""'--' '~---' ' %--%' ~"' ~ ...... --- , -~-u'-- .... _ .- - c C_i,.C .... --,-- r., . - ,._.._.,....~, ,,.,--5 .,~.jL' (._-_'2~ L .%.~. 'z___., - --,t-- '~.'~. ---.-,----'~'~ ~"---'- NOF, T?.~STE.=.L¥ 30 .O0 FEET '--'-' ..... Z_x; ECCK 71 -~r 2-% CF ?_=CCED CF c -'"'"" C'xr -'-- : ----- .--_ -,: .-~z~- CF_-iC= CF SUY-~¥ = , '~ '~ .... · 'STATE OF TEXAS COUNTY OF ) ) ss ) Before me (here insert the name and character of the officer), on this day personally appeared Lynda L. Lankford, Chapter 7 Trustee for the Estate of Physicians' Offices Services, Inc., known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes .and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , A.D. 199 . [SEAL] Title: 1101-00002 19904_1