HomeMy WebLinkAboutDEED COVENANT – PARCELS I-H-15 & I-H-16
This Covc""ant and Agreement ("Covenant") is made by and between the United
States of A,l11erica acting by and through the Department of the Navy ("DON" or
'Covenantor"), the current owner of property situated in the City of Tustin, County of
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WHEN RECORDED, MAIL TO
Department of Toxic Substances Control
Southern California Region
5796 Corporate Avenue
Cypress, California 90630
Attention: John E. Scandura
Chief Southern California Operations
Office of Military Facilities
California Regional Water Quality Control Board
Santa Ana Region
3737 Main Street, Suite 500
Riverside, California 92501-3348
Attention: Gerard J. Thibeault
Executive Officer
))':J 7.. ,C; '2 MY'-lt: SPACE ABOVE THIS LINE RESERVED FOR
RECORDER'S USE
COVENANT TO RESTRICT USE OF PROPERTY
ENVIRONMENTAL RESTRICTION
(Re: Marine Corps Air Station Tustin)
..-
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\
United States Navy
Naval Facilities Engineering Command
Southwest Division
1230 Columbia Street, Suite 1100
San Diego, California 92IOl
Attention: William R. Carsillo
Lead Real Estate Contracting Officer
nm 111111\111 11m 1\111 11\\1 1111111111 11I1I NO FEE
20020404588 04:30pm 05114/02
107 23 C39 27
0.00 0.00 0.00 0.00 0.00 0.00 0..00 0.00
RECORDING REQUESTED BY
Illllllll
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk-Recorder
RECOROIOO REQUESTED BY
'IRST AMERICAN TITLE COMPANY
SUBDIVISION DePARTMENT
Orange, State of California, described and depicted as Parcel I-H-15andI-H-16 in
Exhibit A which is attached and incorporated herein by this reference ("Property"), and
the California Department of Toxic Substances Control ("Department"), and the
California Regional Water Quality Control Board, Santa Ana Region ("R WQCB"). The
Department and R WQCB have determined that this Covenant is reasonably necessary to
protect present or future human health or safety or the environment as a result of the
presence on the land of hazardous materials, as defined in California Health and Safety
Code section 25260, and enters into this Covenant in accordance with Health and Safety
Code section 25355.5 and California Civil Code section 1471(c). In addition, pursuant to
Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA")
section 1 04 (42 U.s.C. S 9604), as delegated to the Covenantor by Executive Order
12580, ratified by Congress in 10 United States Code section 2701 et seq., and
implemented by the National Oil and Hazardous Substances Pollution Contingency Plan
("NCP"), 40 Code of Federal Regulations part 300, and implementing guidance and
policies, the Covenantor has also determined that this Covenant is reasonably necessary
to protect present or future human health or safety or the environment as the result of the
presence on the land of hazardous substances as defined in CERCLA section 101 (42
U.S.C. S 9601).
The Covenantor, the Department, and the RWQCB (collectively, the "Parties")
therefore intend that tbe use of the Property be restricted as set forth in this Covenant to
protect human health, safety, and the environment. The Covenantor currently has legal
title and interest in the Property sufficient to enter into and record this Covenant and to
provide for continuing enforcement of tbe Restrictions contained in this Covenant. This
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Covenant shall be enforceable against the Property and any portion thereof in that it shall
mn with the land to all successors and assigns as provided in this Covenant. Further, in
any subsequent transfers or conveyances of the Property's title by tbe DON to non-
federal entities the DON shall insure that any such subsequent deed or transfer contains
protective Restrictions that are consistent with this Covenant and provide a right of
access and power to inspect the Owner's or Occupant's compliance with such
Restrictions.
ARTICLE I
STATEMENT OF FACTS
1.01 The DON and the Department entered into a Federal Facility Site
Remediation Agreement ("FFSRA") on August 18, 1999, pursuant to which DON agreed
to investigate and respond to releases of CERCLA hazardous substances at Marine Corps
Air Station ("MCAS") Tustin. The Moffett Trenches and Crash Crew Bum Pit site at
MCAS Tustin has been designated as Installation Restoration Program ("IRP") Site 1
("IRP-l") and is also known as Operable Unit No.3 ("OU-3").
IRP-l is located at MCAS Tustin, in the County of Orange, State of California,
and is generally bounded to the noriheast by the southern edge of Edinger Avenue, to the
northwest by the western edge of the access road on the northwest edge of the Jamboree
Road roadbed fill (approximately 20 feet west of the landfill gas probes), to the southwest
by the toe of the northern concrete support structure for the Jamboree Road overpass
above Moffett Drive, and to the southeast by the western edge of the Peters Canyon
Channel bottom where it meets the contairunent remedy wall or western channel bank
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IRP-l was investigated by DON as provided in the FFSRA and addressed in the
OU-3 Record of Decision ("ROD")/Remedial Action Plan ("RAP") issued and approved
on December 20, 200l. The OU-3 ROD/RAP selected a surface cover and containment
wall along Peters Canyon Channel; a landfill gas, groundwater and surface water
monitoring program; associated land use restrictions; and a contingency plan as the
remedial action for IRP-l. This remedial action was determined to be adequately
protective of human health and the environment and to comply with federal and state
requirements.
The OU-3 ROD/RAP provided that certain specific existing monitoring
wells and associated monitoring or other equipment located adjacent to IRP-l
(Monitoring Wells IOOIBC47S, IOOIMW47D, IOOIMW43D, and IOOIBC43S) are part of
the selected remedial action. Operation, maintenance, and monitoring activities
associated \vith these monitoring wens will be addressed more specifically in the
Operation and Maintenance Plan and the Land-Use Control Implementation and
Certification Plan being developed for OU-3. These four monitoring wells and
associated equipment are located on property adjacent to IRP-l. The OU-3 ROD/RAP
,
also provided that the area ofappJicability of the Restrictions for Adjacent Wells
protecting these monitoring wells and associated equipment was defined as the locations
of the wells and equipment. The ROD/RAP also provided that the Covenant must
provide for access for DTSC, the RWQCB, and other regulatory agencies that have
jurisdiction, including any contractor or representative acting at the direction of any such
aforementioned entity. The locations ofthe adjacent monitoring wells and areas of
applicability of the Restrictions for Adjacent Wells are referred to as the "Property'
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subject to this Covenant and are more particularly described and depicted as Parcel I-H-
IS and I-H-16 in Exhibit A.
The DON issued a Finding of Suitability for Transfer ("FaST'') dated April 22,
2002, to transfer the Propeliy. Real property containing IRP-I will be conveyed at a later
date in a separate conveyance from the conveyance of the Property.
ARTICLE II
DEFINITIONS
2.01 Covenantor. "Covenantor" shall mean the United States of America
Acting through the DON.
2.02 Department. "Department" shall mean the California Department of
Toxic Substances Control and includes its successor agencies, if any.
2.03 Occupant. "Occupant" shall mean any person or entity entitled by
leasehold or other legal relationship to the right to occupy any portion ofthe Property.
2.04 Owner. "Owner" shall mean the Covenantor's successors in interest, and
their successors in interest, including heirs and assigns, during their ownership of all or
any portion of the Property.
2.05 RWQCB. "RWQCB" shall mean the California Regional Water Quality
Control Board, Santa Ana Region and includes successor agencies, if any.
ARTICLE III
GE~'ERAL PROVISIONS
3.01 Restrictions to Run with the Land. This Covenant sets forth protective
provisions, covenants, restrictions, and conditions (collectively, "Restrictions"), subj ect
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to which the Property containing Monitoring Wells IO01BC47S, IOO1MW47D
IOOIMW43D, and roOlBC43S and associated monitoring and other equipment shall be
improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or
conveyed. These Restrictions are to be construed to be consistent with the separate
restrictions placed in the deed by and in favor of the Covenantor, conveying the Property
from the Covenantor to its successor in interest. Each and every Restriction: (a) runs
with the land in perpetuity pursuant to Health and Safety Code section 25355.5(a)(I)(C)
and Civil Code section 1471; (b) inures to the benefit of and passes with each and every
portion of the Property; (c) is for the benefit of, and is enforceable by the Department
and R WQCB;. and (d) is imposed upon the entire Property unless expressly stated as
applicable only to a specific portion thereof.
3.02 Binding upon Owners and Occupants. Pursuant to Health and Safety
Code section 25355.5(a)(1)(C), this Covenant binds all Owners and Occupants of the
Property, their heirs, successors, and assigns, and the agents, employees, and lessees of
the Owners, heirs, successors, and assi!:,'IlS. Pursuant to Civil Code section 1471(b), all
successive owners of the Property are expressly bound hereby for the benefit of the
Department and RWQCB.
3.03 Written Notification. Upon a detennination that a hazardous substance is
present upon or beneath any portion of the Property, Owner and/or Occupant shall
provide a written notification of the hazardous substance pursuant to Health and Safety
Code section 25359.7. Specifically, prior to the sale, lease, or rental of the Property or
any portion thereof, the Owner or lessor shall give the buyer, lessee, or renter notice that
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PWl cHI Ufllt.,;!o! L;UPY
a hazardous substance is located on or beneath the Property. Such written notice shall
include a copy of this Covenant.
3.04 Incorporation into Deeds, Leases, or Rental Agreements. The Restrictions
set forth herein shall be incorporated by reference in each and all deeds, leases, or rental
agreements for any portion of the Property to which they are in effect and applicable.
3.05 Conveyance of Property. The Owner shall provide notice to the
Department and R WQCB not later than thirty (30) days after any conveyance of any
ownership interest in the Property (excluding mortgages, liens, and other non-possessory
encumbrances). The Department and RWQCB shall not, by reason ofthis Covenant
alone, have authority to approve, disapprove, or otherwise affect a conveyance, except as
otherwise provided by law, by administrative order, or by a specific provision of this
Covenant.
ARTICLE IV
RESTRICTIONS
4.01 Restrictions for Adiacent Monitoring Wells. The following Restrictions
on use of the Property shall apply unless otherwise approved by both the Department and
RWQCB as provided below:
a. Monitoring Wells IOOIBC47S, IOOIMW47D, IOOIMW43D, and
IOOIBC43S and associated monitoring or other related equipment shall not be altered,
disturbed, or removed by the Owner or Occupant without the prior written approval of
DON, the Department, and the RWQCB.
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b These Restrictions are imposed upon, run with, and shall pass with
the Property that contains each of the four monitoring wells as described in Legal
Description A.I (Parcell-H-I5, Portion of Reuse Plan Disposition Site 28) and Legal
Description A.2 (Parcel I-H-16, Portion of Reuse Plan Disposition site 28) in Exhibit A.
c. Not later than thirty (30) days following the execution of a lease or
rental agreement of any portion of the Property containing said wells or related
equipment, the Owner shall notify DON, the Department, and RWQCB of the lease or
rental agreement.
4.02 Covenant for Access by Department and_R WQCB. The Department and
RWQCB, and other regulatory agencies that have jurisdiction, including any contractor
or representative acting at the direction of any such aforementioned entity, shall have a
reasonable right of entry and access to the Property from public roads across and through
Parcel I-H-1 (as described in the legal description for Parcel I-H-1 attached to "Quitclaim
Deed H and Environmental Restriction Pursuant to Civil Code Section 1471 "executed on
May _' 2002 as Exhibit A thereot) for purposes of sampling, inspection, monitoring,
maintenance, well closure, and other activities relating to Monitoring Wells IOOIBC47S,
IOOIMW47D, IO01MW43D, and IO01BC43S and associated monitoring or other
equipment consistent with the purposes of this Covenant. The Department and RWQCB
shall give the Owner or Occupant reasonable prior written notice of such activities and
make reasonable efforts to minimize interference with the ongoing use of the Property.
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ARTICLE V
ENFORCEMENT
5.01 Enforcement. Failure of the Owner or Occupant to comply with any of the
Restrictions specifically applicable to it shall be grounds for the Department or R WQCB
to obtain injunctive relief prohibiting activities restricted by this Covenant. Actual or
threatened violation ofthis Covenant may be prohibited or restrained, or the interest
intended for protection by this Covenant may be enforced, by injunctive relief or any
other remedy as provided by law. The court may award to the prevailing party in any
action the costs of litigation, including reasonable attorney's fees.
ARTICLE VI
VARIANCE, TERMINATION AND RELEASE
6.01 Variance. The Owner, or with the Owner's consent, any Occupant, may
apply to the Department and R WQCB for a written variance from the provisions of this
Covenant. Any such application to the Department shall be made in accordance with
Health and Safety Code section 25233. Any such application to the RWQCB shall be
made to the Executive Officer. The Department and RWQCB will grant the variance
only after finding that such a variance would be protective ofhwnan health, safety, and
the environment.
6.02 Termination. The Owner, or with the Owner's consent, any Occupant,
may apply to the Department and RWQCB for a termination of the Restrictions or other
tern1S of this Covenant as they apply to all or any portion of the Property. Any such
application to the Department shall be made in accordance with Health and Safety Code
section 25234. Any such application to the RWQCB shall be made to the Executive
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Officer, who shall grant the termination ifhe or she finds that the Restrictions are no
longer necessary to protect present or future health or safety or the environment. The
Executive Officer's determination may be appealed to the Regional Board. Any
termination of the Restrictions or other terms of this Covenant shall be effective only if
both the Department and RWQCB grant the termination. No termination of this
Covemmt shall extinguish or modify any covenants, assurances, or right of access
provided pursuant to CERCLA section 120(h)(3) in any deed by which the DON conveys
the Property.
6.03 Modification of this Covenant. Notwithstanding any other provision of
this Covenant, if all of the parties hereto or their assigns or successors in interest, as
applicable, agree in writing in a legally recordable form to a modification of this
covenant, such modification, upon recording, shall be in effect as if it were included in
this original covenant.
6.04 Release. This Covenant shall continue in effect in perpetuity unless ended
in accordance with the telmination paragraph above, by law, or by the Department and
RWQCB under this paragraph 6.04. Upon the Department and RWQCB making a
determination that any or all of the Restrictions on the use of the Property are no longer
necessary to proteet present or future human health or safety or the environment, the
Department and RWQCB shan promptly record a release tenninating this Covenant or
the relevant Restriction. In making such a detennination, the Department and R WQCB
shall make a finding that the circumstances that created the necessity for the restrictions
have since been sufficiently investigated, removed, or altered in a manner that allows the
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Department and RWQCB to determine there is no significant existing or potential hazard
to present or future human health or safety or the environment.
ARTICLE VII
MISCELLANEOUS
7.01 No Dedication Intended. Nothing set forth in this Covenant shall be
construed to be a gift or dedication, or offer of a gift or dedication, of the Property, or any
portion thereof to the general public or anyone else for any purpose whatsoever.
7.02 Recordation. The Covenantor shall record this Covenant, with Exhibi t A,
in the County of Orange within ten (10) days of the Covenantor's receipt of a fully
executed original. -
7.03 Notices. Whenever any person gives or serves any notice ("notice" as
used here includes any demand or other communication with respect to this Covenant),
each such notice shall be in writing and shall be deemed effective: (1) when delivered, if
personally delivered to the person being served or to an officer of a corporate party being
served, or (2) three (3) business days after deposit in the mail, if mailed by United States
mail, postage paid, certified, return receipt requested:
To Owner: United States Navy
Naval Facilities Engineering Command
Southwest Division
1220 Pacific Highway
San Diego, CA 92120
Attention: Commanding Officer
To Department: Department of Toxic Substances Control
Southem Califomia Region
5796 Corporate Ave.
Cypress, Califomia 90630
Attention: Chief, Southern California Operations
Office of Military Facilities
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1
proVlSlOl1S
7.08
Statuto
References.
Al
statutory
references
include
successor
conditions of this
Covenant and to execute and legally bind that
party to this Covenant.
this
Covenant
certifies
that
he or she
IS
fully authorized
to enter into the
terms and
7.07
Reuresentative Authorit
The undersigned representative of each party to
and interpretation of any of the provisions of this Covenant.
included for convenience
and reference only and shall
be disregarded
the construction
7.06
Section Headin
s.
The section
headings set
forth
111
this
Covenant
are
ncorporated into this Covenant by reference
7.05
Exhibits
All
exhibits referenced
this
Covenant are deemed
found invalid had not been
included.
surviving portions of this
Covenant shall remain in full force and effect as if such
portion
herein
is detenTIined by a court of competent jurisdiction
to be
invalid for any
reason, the
7.04
P arti al
Invalidi
If any portion of the Restrictions or other term
set forth
to be sent by giving written Notice in compliance with this paragraph.
Any
party may change
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92680
ts address or the individual to whose attention a Notice
s
To City:
California Regional
Santa Ana Region
3737 Main Street, Suite 500
Riverside, California 92501-3348
Attention: Executive Officer
To RWQCB
Water
Quality Control Board
Document: 2002-404588 Page
3
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IN WITNESS WHEREOF, the Palties execute this Covenant.
Covenantor:
acting by and through the
By:
Date:
Substances Control
By:
Date:
California Regional Water Quality Control Board, Santa Ana Region
............\ ~k;tL
By: ~
-
GER J. HIB .ULT
Exec fficer
Date {'- v (::)2-
0'-
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.........,I-'J
ST A TE OF CALIFORNIA )
)
COUNTY OF O{L )
On this c,nf day of , in the year
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,-30G-L , before me _ ~ - ~lL b Lie , personally
appeared "'""Jtrfff' f:::vyJAR N ,
perSlomJly kAown to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is lare subscribed to the within instrument and acknowledged to
me that helshelthey executed the same in hislher/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. ..........
IAN
WITNESS my hand and official seal. 331 O~ z
;alifor z
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,\ov 19,
CJ'9.fl.a.A.,..,{f)(9:1Ct i'L---- -
Signature
- -
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Document: 2002-404588 Page 14
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On before me. - - - ~
appeared ~ --- known io me (or
proved 10 me on 'the bosis of satisfl Y evidence) to be 1he person(s) wh n~) Is/are 10
the within Instrument end oclc dged to me that he/shetthe ecuted the some in ?her/their
authOrized capoctty{les). at by his/her/ttlefr signoh.re{s) e Instrument "the pe or enttty upon
behalf of which the perso $) octed. executed the Instrume
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, I certify under penalty ot perjuy that the Notary Seal on the document to W'hich thls statement is attaChed
reods os follows:
NAME OF THE NOTARY: ~iu:v ~/Af~
OAJE CQMM1SSION EXPIRES: .c:-_
COUNrf WHERE BONO IS RLED:
COMMISSION NUMBER: :2.
MANUFACTtJRER/VENOOR NUMBER:
PlACE Of EXECUllON: 04\lE: s-/<-//?~
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SlGNAlURE:
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I certify under penatty of perjl.wy and the laws of the State of Calfomio that the legbe portion of
document to which this statement Is attached reads as 1oIows:: --------'.
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Document: 2002-404588 Page:
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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PS OMAS
Exhibit "A"
Legal Description A.I
Monitoring Locations and Areas
Of Applicability of Wen Restrictions
(Parcel I-H-15, Portion of Reuse Plan Disposition Site 28)
]
2 In the City of Tustin, County of Orange, State of California, being all those portions of
3 Lot 189, Block 62 of Irvine's Subdivisi0n as shown on map filed in Book 1 Page 88 of
4 Miscellaneous Record Maps, records of said County described as follows.
5
6 The following description is for Reference Purposes:
7 Beginning at the intersection of the northwesterly line of that certain easement for road
8 purposes shown as Parce12 as granted to the Irvine Company by Instrument No. 88-456310
9 recorded September 12, 1988, Official Records, records of said County, with the curved
10 westerly line of that certain easement conveyed to the Orange County Flood Control
11 District shown as Parcel F-10-101 recorded August 19, 1963 in Book 6681 Page 721 of
12 Official records, records of said Comity, being a curve concave to the west having a radius
13 I of 755.00 feet, a radial1ine to said intersection of said curve bears North 780 33' 32" East;
14 thence along the northwesterly line of said Instrument No. 88-456310
15 South 51013'17" West 126.74 feet; thence South 50049'06" West 101.70 feet; thence
16 South 49022'12" West 198.91 feet; thence South 42046'50" West 237.56 feet; thence
17 South 40008'47" West 103.43 feet; thence South 40002'01" West 336.20 feet; thence
18 South 41053'37" West 255.25 feet; thence South 47021'06" West 73.45 feet; thence leaving
19 said northwesterly line North 49019'54" West 33.32 feet; thence North 42046'59" East
20 140.37 feet; thence North 40043'10" East 78.13 feet to a point hereinafterreferred to as
21 "Point No.1"; thence continuing North 40043' 1 0" East 122.25 feet; thence
22 North 48052'43" East 41.82 feet; thence North 41041 '02" East 94.73 feet; thence
23 North 39049'21" East 107.74 feet; thence North 42015'52" East 411.12 feet; thence
24 North 45027'43" East 87.68 feet; thence North 48033'22" East 94.05 feet; thence
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'PSOMAS
Exhibit "A"
Legal Description A.I
Monitoring,Locations and Areas
I Of Applicability of Well Restrictions
! (Parcel I-H-15, Portion of Reuse Plan Disposition Site 28)
ED North 56002'27" East 59.08 feet; thenceNorth 65011'02" East 73.27 feet; thence
2 I North 52054'57" East 133.83 feet to a point on said curved westerly line, a radial line of
I
3 II said curve to said point bears North 78004'15" East; thence southerly along said curved
4 I westerly line 6.43 feet through a central angle of 0029' 17" to the point o{beginning.
5
6 Restriction Area No. 1 (Monitoring Wells 1001 BC 478 & 1001 MW 47D)
7 (parceII-H-15)
8
9 Beginning at said "Point No.1" thence North 49016'50" West 11.29 feet to the
0 True Point Of Beginning; thence South 44021 '36" West 16.00 feet; thence
11 I North 45038'24" West 13.00 feet; thence North 44021 '36" East 16.00 feet; thence
I
12 I South 45038'24" East 13.00 feet to the True Point OF Beginning.
131
14 I Containing 208 sq. Ft., more or less.
15
16 I As shown on Artaclunent "A. 1 " attached hereto and by this reference made a part hereof.
I
17 I
18 r Prepared under my supervision
19 ~
20 II ~~ C c:;Q2 ?~4 =~ '<
- . ( ~
- ,
21 Walter A. Sheek P.L.S.4838 ate
22 E:x-pires: 9/30/04 I
23 /
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24 /'
-
Page 2 0[2 \ ,
I 1
M :\2TIJSO 1 0500\survey\legals\legal-parcel-I-H-15.doc ,
Last printed 5/6102 2:36 PM ....::
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Document: 2002-404588 Page: 19
MCAS- TUSTIN
or REUSE PLAN DISPOSiTION SHE 28
SHeeT 1 OF 3
PSOMAS
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Cca iii... CA 82m
(7H)15l_mJ r..(1U}5oG-BJ
Document: 2002-404588 Page: 20
SCAlf 1'-400'
DRAFTED CliL
CHECKED WAS
DATE APRil., 2002
..lOB
REStRICTION AREA NO,
(p ARCEL
I-H-15, PORTION
I
f
I
\ N.39' 49'21
,BLOcr\ 107,74'
, N41'41'OZ"E
\ LOT 94.7.3'
N4S'52'43"E
SEE DETAIL "8" 41,82'-
SHEET 2 OF ;; N4~;~~9.!
\ N40'43'10"['
78.13'
N4Z'4S'59"[,
\ 140,37'
l-- ~- N49'19'54~ P
, 33.32'
\ C.L MOFFET DRIVE
FORMERLY VALENCIA
AVENUE
DETAIL' A'
NO SCALE
N5ZS4'S7"E
133.83'
CITY OF TUSTIN
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ATIACHMENT "A.r
Rf3TRIGllON AREA NO. 1 Of" REU%E PLAN
MCAS- TUSTIN
DISPOSI1l0N SITE 28)
SHEET 2; OF 3
PSOMAS
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Document: 2002-404588 Page: 2
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DATE APRIL. 2002 =-1 0
Joe 1
NUMBER :2.nJS~10S00 I
Document: 2002-404588 Page
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A IT ACHMENT" A.r
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WELL 100 MW 470 .
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119
WELL 1001 Be 47$
DETAIL "e"
RESTRICTION AREA NO.1
PS OMAS
Exhibit "A"
Legal Description A.2
Monitoring Locations and Areas
Of Applicability of Well Restrictions
(Parcel I-H-I6, Portion of Reuse Plan Disposition Site 28)
2 In the City of Tustin, County of Orange, State of California, being all those portions of Lot
3 189, Block 62 of Irvine's Subdivision as shown on map filed in Book 1 Page 88 of
4 Miscellaneous Record Maps, records of said County described as follows.
5
6 The following description is for Reference Purposes:
"'f Beginning at the intersection of the northwesterly line of that certain easement for road
f
8 purposes shown as Parcel 2 as granted to the Irvine Company by Instrument No. 88-456310
9 recorded September 12, 1988, Official Records, records of said County, with the curved
0 westetly line of that certain easement conveyed to the Orange County Flood Control
1 District shown as Parcel F-10-101 recorded August 19, 1963 in Book 6681 Page 721 of
12 Official records, records of said County, being a curve concave to the west having a radius
13 of755.00 feet, a radial line to said intersection of said curve bears North 780 33' 32" East;
14 thence along the northwesterly line of said Instrument No. 88-456310
15 South 51013'17" West 126.74 feet; thence South 50049'06" West 101.70 feet; thence
16 ;1 South 49022'12" West 198.91 feet; thence South 42046'50" West 237.56 feet; thence
iI
17 II South 40008'47" West 103.43 feet; thence South 40002'01" West 336.20 feet; thence
18 : South 41053'37" West 255.25 feet; thence South 47021'06" West 73.45 feet; t'!Jence leaving
19 said northwesterly line North 49019'54" West 33.32 feet; thence North 42046'59" East
20 140.37 feet; thence North 40043'10" East 200.38 feet; thence North 48052'43" East
21 41.82 feet; thence North 41041'02" East 94.73 feet; thence North 39049'21" East
22 107.74 feet; thence North 42015'52" East 247.94 feet to a point hereinafter referred to as
23 "Point No 2"; thence continuing North 42015'52" East 163.18 feet; thence
24 North 45027'43" East 87.68 feet; thence North 48033'22" East 94.05 feet; thence
Page 1 of2
M:\2TUSO! 0500lsurvey\legals\legal-parcel_l-H-16.doc
Lllst printed 5/6/02 2;38 PM
Document: 2002-404588 Page 23
PSOMAS
Exhibit" A"
i Legal Description A.2
I Monitoring Locations and Areas
II
II Of Applicability of Well Restrictions
(Parcel I-H-16, Portion of Reuse Plan Disposition Site 28)
I
North 56002'27" East 59.08 feet; thence North 65011 '02" East 73.27 feet; thence
2 North 52054'57" East 133.83 feet to a point on said curved westerly line, a radial line of
3 said curve to said point bears North 78004' 15" East; thence southerly along said curved
4 westerly line 6;43 feet through a central angle of 0029' 17" to the point ofbegihning.
5
6 Restriction Area No.2 (Monitoring Wells 1001 Be 435 & 1001 MW 43D)
7 (ParceII-H-16)
8 Beginning at said "Point No.2"; thence North 47044'08" West 90.09 feet to the
9 True Point Of Beginning; thence South 8501 T 13" West 13.00 feet; thence
10 North 4042'47" West 13.00 feet; thence North 85017' 13" East 13.00 feet; thence
11 South 4042'47" East 13.00 feet to the True Point Of Beginning
12
13 Containing 169 sq. ft., more or less.
14
15 As shown on Attachment "A.2" attached hereto and by this reference made a part hereof.
16
17
18 Prepared under my supervision
19
20
21 UdL. c. <QJ: 4~ C; -r--/id~
22 Walter A. Sheek P.L.S.4838 Date
23 Expires: 9/30/04
24
Page 2 of2 ~,
M:\21 JSOl 0500\survey\legals\legai-pnrcel )-H-j6,doc
Last pJinled 516102 2:38 PM f DAT& S ~~'-Dtl
I. . I
Document: 2002-404588
PSO
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(714)1$-1.m F.lil(71.)~
Document: 2002-404588 PaS18
SCAlE ,".-400'
DRAfTED CHl
CHECKED WAS
DA 1E APRJt. 2002
JOB
NUMBtR Z'TUS01o.s00
25
MCAS- TUSTIN
PARCEl I-H-1S, POR110N Of REliSE PLAN OlSPOSITION $liE 2ll)
StEET 1 OF 3
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DESCRIPTION:
RES1RICTIOIl AREA
NO,
DETAIL "A'
NO SCALE
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CITY OF TUSTIN
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FORMERLY VALENCIA
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22' 12"W -Jt:)8
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237,56' 0....1
POINT NO, 2 >-W
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(SKT. 3 OF 3)
RESTRICTION AREA NO.2
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RESTR!CTlON AREA NO
(PARCEL I-H-16)
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Document: 2002-404588 Page: 27
11
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RESTRICTION AREA NO.2
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ATTACHMENT "A.2"
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