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THIS INSTRUMENT FILED FDA AEClIRD BY
FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION
OHLY IT HAS NOT BEEM EXAMINED AS TO ITS EXECUTIOIl
OR AS TO ITS EFFECT UPOM 'HE TITLE.
Code 6103. No Tax Due per Code 11922
)uitclaim Deed
and Environmental
Restriction
THIS SPACE FOR RECORDERS USE ONLY
~ORDJNG REQUESTED BY:
/ FIRST AMERICAN TITLE INSURANCE CO.
ACCOMODA TION RECORDING
WHEN RECORDED MAIL TO:
TUSTIN UNIFIED SCHOOL DISTRICT
300 South "C" Street
Tustin, CA92780
1IIIalllllllllll NO FEE
2003000306478 01 :57pm 03/21/03
11315 Q01 33
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Recorded In OffIcial Records, County of Orange
Tom Daly, Clerk-Recorder
This Document was electronically recorded by
First American Title_B
804. /4
RESTRICTION
This DEED is made this '3 dday oh- , 2003, between
the UNITED STATES OF AMERICA, acting through the Secretary of
Education, by David B. Hakola, Director, Federal Real Property
Assistance Program, Office of Management, ( "GRANTOR" ) pursuant to
!',i203 (k) of the Federal Property and Administrative Services Act
of 1949, as amended ("Act") , Public Law No. 81-152, 63 Stat. 377
40 D.S.C. !':i471etseq., the Department of Education Organization
Act of 1979, Public Law No. 96-88, 93 Stat. 668, 20 D.S.C. ~3401
et seq., and the Tustin Unified School District, a tax supported
public school district of the State of California, having its
principal offices at 300 South "C" Street, Tustin, California
(IlGRANTEE") .
I. RECITALS
l. lett,e:c dated Decetnber 9, 2002 fl.:om the t:>f
the Navy, Naval Facilities Engineering Command, Southwest
Division, San Diego, California, certain Federal surplus real
property located in the County of Orange, State of California,
known as Parcel 7 and being a portion of the former Marine Corps
Air Station Tustin California and consisting of approximately
10 acres of land and improvements more or less "Property"
was assigned to GRANTOR for disposal upon the recommendation of
GRANTOR that the Property is needed for educational purposes in
accordance with the provisions of the Act.
2. GRANTEE has made a firm offer to purchase the Property
under the provisions of the Act, has applied for a public benefit
allowancel and proposes to use the Property for certain
educational purposes as detailed in its December 131 1993
applicationl as supplemented and amended on February 281 19941
December 71 2000 and June 26, 2001 (together "Application") .
3. The Department of the Navy, Naval Facilities Engineering
Command has notified GRANTOR that no objection will be interposed
to the transfer of the Property to GRANTEE at 100 per cent public
benefit allowance, and GRANTOR has accepted the offer of GRANTEE
II. AGREEMENT
4. GRANTOR, in considexation of the , one dollar,
the performance by the GRANTEE of the covenants, conditions, and
restrictions hereinafter contained and other good and valuable
consideration, the receipt of which is hereby acknowledged, does
hereby remise, release and quitclaim to the GRANTEE, its
successors and assigns all right title interest claim and
2
demand reserving such rights as may arise from the operation of
the conditions subsequent, restrictions and covenants of this
Deed, which the UNITED STATES OF AMERICA has in and to the
Property, which is more particularly described in Exhibit IIAIl,
attached hereto and made a part hereof,
5 . GRANTEE by acceptance of this Quitclaim Deed agrees that
the Property is transferred on an lias is, where isll basis without
warranties of any kind either expressed or implied. GRANTEE
further agrees that this conveyance is subject to any and all
existing easements, rights of way, reservations, and servitudes,
whether of record or not.
III. CONDITIONS SUBSEQUENT
6. GRANTEE shall HAVE AND HOLD the Property, subject,
however, to each of the following conditions subsequent, which
are for the sole benefit of the UNITED STATES OF AMERICA and
which shall be; bitlding UpCJlJ. and e:nforoeable against GP~~TEE, its
successors and assigns as follows:
1 For a period of thirty (30) years from the date of
this Deed, the Property will be used solely and
continuously for educational purposes in
accordance with the proposed program and plan of
3
GRANTEE set forth in its Application and for no
other purposes. GRANTOR reserves the right to
enter and inspect the Property during said period
2) During the above period of thirty (30) years
GRANTEE will not sell, resell, lease, rent,
mortgage, encumber, or otherwise transfer any
interest in any part of the Property except as
GRANTOR may authorize in advance in writing.
3) One year from the date of this Deed and biennially
(even years) thereafter for the period of thirty
(30) years, unless GRANTOR directs otherwise,
GRANTEE will file with GRANTOR a report on the
operation and maintenance of the Property and will
furnish, as requested by GRANTOR, such other
pertinent information evidencing its continuous
use of the as 0'1/ CCJ/lditio!l
subsequent number 1.
4) During the above period of thirty (30) years
GRANTEE will at all times be and remain a tax
supported institution or a nonprofit institution,
organization or association exempt from taxation
4
under ~501\c 3 of the Internal Revenue Code of
1954, as amended.
5) For the period during which the Property is used
for the purpose for which Federal assistance is
hereby extended by GRANTOR or for another purpose
involving the provision of similar services or
benefits, GRANTEE hereby agrees that it will
comply with the requirements of (a) Title VI of
the Civil Rights Act of 1964 (P.L. No. 88-35.2) , 42
D.S.C. ~2000d et seq. i (b) Title IX of the
Education Amendments of 1972 (P.L. No. 92-318) , 20
U.S.C. ~1681 et seq.i (C) ~504 of the
Rehabilitation Act of 1973 (P.L. No. 93-112) , 29
U.S.C. ~794 et seq.; and all requirements imposed
by or pursuant to the Regulations (34 C.F.R. Parts
12, lOa, 104 and 106) issued pursuant to the Act
and now in effect, to the end that, in accordance
with said Acts and Regulations, no person in the
United States shall, on the ground of race, color
national origin, sex, or handicap, be excluded
from participation in, be denied the benefits of
5
or otherwise be subjected to discrimination under
the program and plan referred to in condition
subsequent number 1 above or under any other
program or activity of the GRANTEE, its successors
and assigns, to which such Acts and Regulations
apply by reason of this conveyance.
7 The failure of GRANTOR to insist in anyone or more
instances upon complete performance of the conditions subsequent
terms, or covenants of this Deed shall not be construed as a
waiver of, or a relinquishment of GRANTOR's right to the future
performance of any of those conditions subsequent, terms and
covenants and the GRANTEE's obligations with respect to such
future performance shall continue in full force and effect.
8. In the event of a breach of any of the conditions
subsequent, whether caused by the legal or other inability of
GRANTEE, its EJ.uc'cess!)z"S at1d assig'1'lS J to any of the teIftlS
and conditions of this Deed, at the option of the UNITED STATES
OF AMERICA, all right, title and interest in and to the Property
shall, upon the recording by the UNITED STATES OF AMERICA of a
Notice of Entry, pass to and become the property of the UNITED
STATES OF AMERICA which shall have an immediate right to entry
6
thereon, and the GRANTEE its successors and assigns shall
forfeit all right, title and interest in and to the Property and
in and to any and all of the tenements, hereditaments, and
appurtenances thereto.
9. In the event the GRANTOR fails to exercise its options
to reenter the Property or to revert title thereto for any breach
of conditions subsequent numbered 1, 2, 3, and 4 of Paragraph 6
of this Deed within thirty one (31 ) years from the date of this
conveyance, conditions subsequent numbered 1, 2, 3, and 4 of said
Paragraph 6, together with all rights to reenter and revert title
for breach of those conditions, will, as of that date, terminate
and be extinguished.
10. The expiration of conditions subsequent 1, 2, 3, and 4
of Paragraph 6 of this Deed and the right to reenter and revert
title for breach thereof, will not affect the obligation of
CTUINTEE , its successo~s and , with to condition
subsequent 5 of Paragraph 6 or the right reserved to GRANTOR to
reenter and revert title for breach of condition subsequent 5.
IV. COVENANTS
11. GRANTEE by the acceptance of this Deed, covenants and
agrees for itself its successors and assigns that in the event
7
GRANTOR exercises its option to revert all right title and
interest in and to the Property to GRANTOR, or GRANTEE
voluntarily returns title to the Property in lieu of a reverter
the GRANTEE shall provide protection to and maintenance of the
Property at all times until such time as the title to the
Property or possession of the Property, whichever occurs later in
time, is actually reverted or returned to and accepted by
GRANTOR. Such protection and maintenance shall, at a minimum,
conform to the standards prescribed by the General Services
Administration in FPMR 101-47.4913 (41 C.F.R. Part 101-47.4913)
now in effect, a copy of which is referenced in the GRANTEE's
Application.
12. GRANTEE, by the acceptance of this Deed, covenants
that, at all times during the period that title to the Property
is vested in GRANTEE, its transferees or assigns, subject to
conditions subsequent I, 2, 3, and 4 of Paragraph 6 of this Deed,
it will comply with all provisions of the following with respect
to the Property: the National Environmental Policy Act of 1969,
as amended, 42 U.S.C. ~4321 et seg., including the preparation of
environmental impact statements, as required (See 42 U.S.C
~4332 the National Historic Preservation Act of 1966. as
8
amended P.L No 89-665 Executive Order No 11988 44 Fed
Reg. 43239 (1979 reprinted in 42 U.B.C.A. ~4321 app at 188-189
(1987) , governing floodplain management; Executive Order No.
11990, 42 Fed. Reg. 26961 (1977) , reprinted in 42 U.B.C.A. ~4321
app. at 197-198 (1987) , governing protection of wetlands; Federal
Property Management Regulations, 41 C.F.R. 101-47.304-13; 41
C.F.R. 101-47.200 et seq., 53 Fed. Reg. 29892 (1988) , provisions
relating to asbestos; and other appropriate guidelines, laws,
regulations or executive orders, federal, state or local,
pertaining to floodplains, wetlands or the future use of this
Property.
13. GRANTEE, by acceptance of this Deed, covenants and
agrees for itself, its successors and assigns, and every
successor in interest to the Property herein conveyed or any part
thereof that it will comply with the requirements of (a) Title VI
of the Ci'vil Rights Act of 1964 (.P. L. No. 88-352) , 42 U.S.C.
~2000d et seq.; (b) Title IX of the Education Amendments of 1972
(P.L. No. 92-318) , 20 U.S.C. ~1681 et ~.; Section 504 of the
Rehabilitation Act of 1973 (P.L. No. 93-112) , 29 U.S.C. ~794 et
seq. ; and all requirements imposed by or pursuant to the
Regulations 34 C.F.R Parts 12 100 104 and 106 issued
9
pursuant to the Act and now in effect to the end that in
accordance with said Acts and Regulations, no person in the
United States shall, on the ground of race, color, national
origin, sex, or handicap, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to
discrimination under the program and plan referred to in
condition subsequent 1 above or under any other program or
activity of the GRANTEE, its successors and assigns, to which
such Acts and Regulations apply by reason of this conveyance.
This covenant shall attach to and run with the land for so long
as the Property is used for a purpose for which Federal
assistance is hereby extended by GRANTOR or for another purpose
involving the provision of similar services or benefits, and
shall in any event, and without regard to technical
classifications or designation, legal or otherwise, be binding to
the fullest extent tted by law and equity, for the benefit
of, in favor of and enforceable by GRANTOR against GRANTEE, its
successors and assigns, for the Property, or any part thereof.
In the event of a breach of this covenant by GRANTEE or by its
successors or assigns, GRANTOR, may, in addition to any right or
remedy set forth in this agreement, avail itself of any remedy
10
authorized by the violated statute or regulation
14. In the event title to the Property or any part thereof
is reverted to the UNITED STATES OF AMERICA for noncompliance or
is voluntarily reconveyed in lieu of reverter, GRANTEE, its
successors or assigns, shall at the option of GRANTOR, be
responsible for and be required to reimburse the UNITED STATES OF
AMERICA for the decreased value thereof that is not the result of
reasonable wear and tear, an act of God, or alternations and
conversions made by the GRANTEE and approved by the GRANTOR, to
adapt the Property to the educational use for which the Property
was transferred. GRANTEE shall, in addition thereto, reimburse
GRANTOR for damage it may sustain as a result of such
noncompliance, including but not limited to costs incurred to
recover title to or possession of the Property.
15. GRANTEE may seek abrogation of the conditions
subsequent 1 2, 3, and 4 of Pa.z:'agxaph 6 of this Deed by:
a Obtaining the advance written consent of the
GRANTOR; and
b Payment to the UNITED STATES OF AMERICA of a sum
of money equal to the fair market value of the
property to be released from the conditions
11
subsequent as of the effective date of the
abrogation:
( 1) multiplied by the percentage public benefit
allowance granted at the time of conveyance,
(2) divided by 360, and
(3 ) multiplied by the number of months, or any
portion thereof, of the remaining period of
restrictions to be abrogated.
16 GRANTEE, by acceptance of this Deed, further covenants
and agrees for itself, its successors and assigns, that in the
event the Property or any part or interest thereof is at any time
within the period of thirty (30) years from the date of this
conveyance sold, leased, mortgaged, encumbered or otherwise
disposed of or used for purposes other than those designated in
condition subsequent 1 above without the prior written consent of
GF..F1NTOR, all re\J'e.n,ues :r'ec~ei\l'ecl t11el:.:"ef2"'b'rn ztl'ldttlS :t~'easor:.table
value, as determined by GRANTOR, of any other benefits to GRANTEE
deriving directly or indirectly from such sale, lease, mortgage
encumbrance, disposal or use, shall be considered to have been
received and held in trust by GRANTEE for the UNITED STATES OF
AMERICA and shall be subject to the direction and control of
12
GRANTOR; but the provisions of this paragraph shall not impair or
affect the rights reserved to GRANTOR under any other provision
of this Deed.
17. GRANTEE, by the acceptance of this Deed, further
covenants and agrees for itself, its successors and assigns, that
at all times during the period that title to the Property is
vested in GRANTEE subject to conditions subsequent 1, 2, 3, and 4
of Paragraph 6 of this Deed, GRANTEE shall at its sole cost and
expense keep and maintain the Property and the improvements
thereon, including all buildings, structures and equipment at any
time situate upon the Property, in good order, condition and
repair, and free from any waste whatsoever.
18. GRANTEE, by the acceptance of this Deed, further
covenants and agrees for itself, its successors and assigns, that
at all times during that period that it holds title to the
Property subject to conditions subsequent 1, 2, 3, and 4 of
Paragraph 6 of this Deed, it shall not engage in, authorize,
permit or suffer the extraction or production of any minerals
from the Property without the prior written consent of GRANTOR
GRANTEE, by the acceptance of this Deed, further covenants and
agrees for itself its successors and assigns that should an
13
extraction or production of minerals including but not limited to
oil, gas, coal, and sulfur on or under the described Property
.
occur during that period that it holds title to the Property
subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of
this Deed (I) it will hold all payments, bonuses, delayed
rentals, or royalties in trust for GRANTOR and ( ii) that all net
revenues and proceeds resulting from the extraction or production
of any minerals including, but not limited to, oil, gas, coal or
sulfur, by GRANTEE, its successors and assigns, will be held in
trust for and promptly paid to GRANTOR. The listing of certain
minerals shall not cause the doctrine of eiusdem qeneris to
apply. Nothing herein shall be construed as authorizing the
GRANTEE to engage in the extraction or production of minerals in,
on or under the Property.
19. GRANTEE, by acceptance of this Deed, covenants that,
upon the by thE', UNITED STATES OF M>lERICJ:'l. of a Notioe of
Entry pursuant to Paragraph 8 above, all right, title and
interest in and to the Property shall pass to and become the
property of the UNITED STATES OF AMERICA, which shall have an
immediate right to enter thereon, and the GRANTEE, its successors
and assigns, shall immediately and quietly quit possession
14
thereof and forfeit all right title and interest in and to the
Property and in any and all of the tenements, hereditaments, and
appurtenances thereunto belonging, conveying all right, title and
interest conveyed to it in this Deed except for encumbrances
authorized and approved by the GRANTOR in writing as provided in
condition subsequent 2 of Paragraph 6 of this Deed.
20. If the GRANTEE, its successors or assigns, shall cause
the Property and/or any improvements thereon to be insured
against loss, damage or destruction, or if the GRANTOR requires
such insurance while the Property is subject to conditions
subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed, and any
such loss, damage or destruction shall occur during the period
GRANTEE holds title to the Property subject to conditions
subsequent 1, 2, 3, and 4 set forth in Paragraph 6 of this Deed,
said insurance and all moneys payable to GRANTEE, its successors
or assigns, shall be held in trust by the GRANTEE, i ts ~3UCCeSS():C'f3
or assigns, and shall be promptly used by GRANTEE for the purpose
of repairing and restoring the Property to its former condition
or replacing it with equivalent or more suitable facilities; or,
if not so used, shall be paid over to the Treasurer of the United
States in an amount equal to the unamortized public benefit
15
allowance of Property multiplied by the current fair market value
of the improvements lost, damaged or destroyed. If the Property
is located in a floodplain, GRANTEE will, during the period it
holds title subject to conditions subsequent 1, 2, 3, and 4 of
Paragraph 6 of this Deed insure the Property and any machinery,
equipment, fixtures, and furnishings contained therein against
loss, damage, or destruction from flood, to the maximum limit of
coverage made available with respect to the Property under ~102
of the Flood Disaster Protection Act of 1973 (P.L. No. 93-234) .
Proceeds of such insurance will be used as set forth above.
21- GRANTEE further covenants to pay damages for any time
period held over beyond the time period stated in a demand to
quit possession of the Property at the fair market rental value
plus reasonable attorneys fees and costs of the GRANTOR in
securing the return of the Property.
22. G.RAI:i]~rOl:Z:r:2t:)tf{:~T1a:rl 1:: s fOI'C he fit of the Ori.liliTEE, its
successors and assigns, that any response action or corrective
action found to be necessary after the date of this Deed shall be
conducted by the United States; provided, however, that the
foregoing covenant shall not apply with respect to any release or
threat of release caused by the GRANTEE or its successors and
16
assigns
23 In connection with GRANTOR's covenant made in Paragraph
22, GRANTEE agrees on behalf of itself, its successors and
assigns, as a covenant running with the land, that the United
States of America, the United States Environmental Protection
Agency, the California Department of Toxic Substances Control,
the Regional Water Quality Control Board, their officers, agents,
employees, contractors and subcontractors shall have the right,
upon reasonable notice to GRANTEE, to enter upon the Property in
any case in which a response or corrective action is found to be
necessary at such property after the date of this Deed, or such
access is necessary to carry out a response action or corrective
action on adjoining property. Neither GRANTEE, nor its
successors and assigns, shall have any claim on account of such
entries against the United States, the California Department of
Toxic Substances CC>l1i.t:col, the Regional t'iate:r Qual Contrc)l
Board or any of their officers, agents, employees, contractors or
subcontractors.
24. The right to enter described in Paragraph 23 shall
include the right to conduct tests, investigations and surveys
including where necessary drilling testpitting boring and
17
other similar activities. Such right shall also include the
right to construct, operate, maintain or undertake any other
remedial or corrective action as required or necessary including,
but not limited to, monitoring wells, pumping wells, treatment
facilities, associated utilities, and the operation thereof. In
exercising these rights of access, except in case of imminent and
substantial endangerment to human health or the environment, the
GRANTOR shall (1) give the GRANTEE, or its successors and
assigns, reasonable notice of any action to be taken related to
such remedial or corrective activities or actions on the
Property, and (2 ) make reasonable efforts to minimize damage to
any structures on the Property and otherwise minimize
interference with the on-going use and enjoyment of the Property
25. In connection with GRANTOR's action described in
Paragraph 22, GRANTEE agrees on behalf of itself, its successors
and , as a CCivenant running with th,,~ l\''1nd, to comply with
the provisions of any health or safety plan in effect during the
course of any such action.
26. GRANTEE covenants, on behalf of itself, its successors
and assigns, as covenant running with the land, that it will
prohibit occupancy or use of Buildings A Band C or portions
18
thereof prior to abatement of lead based paint hazards therein
or demolition. GRANTEE, its successors and assigns, shall be
responsible for complying with all applicable federal, state and
local regulations relating to lead based paint.
27. GRANTEE covenants, on behalf of itself, its successors
and assigns, as covenant running with the land, that it will
conduct post demolition sampling of the soil, and conduct any
required lead based paint abatement prior to occupancy of any
newly constructed buildings.
28. GRANTE is hereby informed and does hereby acknowledge
that asbestos or asbestos-containing material ( II ACM" ) exists in
Buildings Band C and are presumed to exist in Building A on the
Property. GRANTEE hereby acknowledges receipt of copies of
reports of asbestos surveys performed by GRANTOR.
29. GRANTEE covenants, on behalf of itself, its successors
and assigns, as a covenant :runnillg with the land, that it will
prohibit occupancy or use of Buildings Band C, or portions
thereof, prior to performing an asbestos survey and abating any
asbestos or ACM hazards found to exist. In connection with its
use and occupancy of the Property, including but not limit to,
demolition of buildings and structures in which asbestos or ACM
19
have been found or are presumed to exist GRANTEE will comply
with all applicable federal, state and local laws relating to
asbestos and ACM.
30. GRANTEE covenants for itself, its successors and
assigns, that in connection with any construction or alteration
on the Property, it will obtain a determination of no hazard to
air navigation from the Federal Aviation Administration in
accordance with Title 14 Code of Federal Regulations, part 77,
entitled "Objects Affecting Navigable Airspace," or under the
authority of the Federal Aviation Act of 1958, as amended.
31. GRANTEE is hereby informed and does hereby acknowledge
that, in the event the Property is considered for proposed
acquisition and/or construction of school properties utilizing
state funding, an environmental review process will need to be
conducted in compliance with the California Education Code Sec.
17210 et seq., and subject to approval by the of ~roxic
Substances Control (School Property Evaluation and Cleanup
Division) , as described in the Finding of Suitability to Transfer
("FOST") .
32. Whehever this Deed makes reference to a particular
department or agency of the State of California or the United
20
States of America, that reference shall be understood to include
successor departments or agencies.
33. GRANTEE acknowledges that it has received a copy of the
FOST and all documents referenced therein.
34. Pursuant to Section 330 of Public Law 102-484, the
United States of America will indemnify and hold harmless the
GRANTEE from future financial liability arising from the presence
of any environmental contamination that may be found on the
subject Property due to past Department of Defense use to the
extent authorized by said section and public law. Nothing in
this Deed shall be interpreted to require obligations or payments
by the United States in violation of the Anti-Deficiency Act.
35. All covenants, conditions subsequent and restrictions
contained in this Deed shall run with the land and be binding
upon GRANTEE, its successors and assigns, to all or any part of
the Property. All rights and powers reserved to GRANTOR by the
Deed may be exercised by any successor in function to GRANTOR,
and all references to GRANTOR shall include its successor in
function. All covenants and conditions subsequent contained
herein are for the sole benefit of GRANTOR and may be modified or
21
abrogated by it as provided in the Act
V. SIGNATURES
TO INDICATE THEIR AGREEMENT to the provisions contained in
this agreement, GRANTOR and GRANTEE have executed this document
as the date and year first above written.
UNITED STATES OF AMERICA
Acting by and through the
Secretary of Education
By,GJPUlf
David B. Hakola, Director
Federal Real Property Assistance
Program
Office of Management
U.S. Department of Education
Washington, D.C.
GRANTOR ACKNOWLEDGMENT
FAIRFAX COUNTY )
COMMONWEALTH OF VIRGINIA)
On this~~day of tJv "") 2i> 'r\
~h. , 2003, personally appeared
before me, a Notary Public in and for the Commonwealth of
22
Virginia, David B. Hakala, Director, Federal Real Property
Assistance Program, Office of Management, United States
Department of Education, acting for the United States of
America and the Secretary of Education, known to me to be
the same person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same
on the date hereof as his free and voluntary act and deed
for the purposes and consideration therein expressed and
with full authority and as the free act and deed of the
United States of America and the Secretary of Education.
IN WITNESS WHEREOF, I have set my hand and seal at
Fairfax County, Virginia, this '3o~day of Ju...'I"' ,2003.
tJ\~--_._-_._--_._--;::-~ ~
- Notary Public
My Commission Expires:
U<~, <:.. ~\) 0(,.
GRANTEE ACCEPTANCE
The GRANTEE hereby accepts this Quitclaim Deed and
accepts and agrees to all the terms, covenants, conditions
subsequent and restrictions contained therein.
Tustin Unified School District
GRANTEE:
By: f ~<-~
Peter C. Gorman
Superintendent
23
GRANTEE ACKNOWLEDGMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On this lJ- day of H tvyoh , 2003 personally
appeared before me, a Notary Public in and for the State of
California, Peter c. Gorman, Superintendent, Tustin Unified
School District, to me known to be the same person whose name
is subscribed to the foregoing instrument and acknowledged to
me that he executed the same on the date hereof as his free
and voluntary act and deed for the purposes and consideration
therein expressed and with full authority and as the free act
and deed of the Board of Trustees of the Tustin Unified
School District.
;;L IN WITNESS ~EREOFh I have set my hand and seal on this
_ day of C(,YC _, 2003.
~'2UtLS~
ik&,'~".~'ft .~. ttt. ./iI:iI&.. otary Public
.~ wlIGNm
O'''..liIb.# WJrB11 My Commission Expires
~.~..Q:JIIbla
~~ ~jJ310lf
il.\t0:mn.~1oI..Vta.~
~
24
PS OMAS
I Legal Description
I
!
Exhibit "A"
Parcel 7
2 In the City of Tustin and the City of Irvine, County of Orange, State of California, being
3 those portions of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1,
4 Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages
5 31 through 39 inclusive of Records of Surveys, both of the records of said County,
6 described as follows:
7
8 For the purpose of this description the following Control lines are hereby established:
9
10 Control line "A"
11
12 Beginning at the intersection of the centerline of Red Hill A venue with the centerline of
I
13 Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue
14 between Valencia Avenue and Warner Avenue Bears South 40037'39" West for the
15 purpose of this Description; thence Somh 49020'07" East 106.23 to the beginning of a
16 curve concave southwesterly having a radius of 1400.04 feet; thence southeasterly along
17 said curve 134.49 feet through a central angle of 5030'14"; thence South 43049' 53" East
18 101.77 feet to the beginning of a curve concave northeasterly having a radius of
!
19 1400.04 feet; thence southeasterly and easterly along said curve an arc distance of
20 103.54 feet through a central angle of 40 14 '15" to a point hereinafter to be referred to as
21 Point "A"; thence continuing along said curve an arc distance of 30.86 feet through a
22 ! central an~le of 1015'46"; thence South 49019'54" East 586.96 feetto the beginning of a
23 curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly and
24 easterly along said curve 733.69 feet through a central angle of 30001 '33"; thence
25 South 79021 '27" East 261.71 feet to a point hereinafter to be referred to as Point "8";
26 thence continuing South 79021 '27" East 48.28 feet; thence North 15038'31" East
Page 1 of 5
f:\surveys\2tusOI0200\repons\legal-parcel 7.ooc 11103100 10;01 AM
JP. .".
"
PSOMAS
Legal Description
Exhibit "A"
Parcel 7
I 159.80 feet to the beginning of a curve concave westerly having a radius of 600.02 feet;
2 thence northerly along said curve 116.30 feet through a central angle of 11006'21 "; thence
3 North 4032' 10" East 747.07 feet to the beginning of a curve concave southeasterly having a
4 radius of 250.01 feet; thence northerly and northeasterly along said curve 157.51 feet
I
5 through a central angle of 36Q05'52"; thence North 40038'02" East 667.92 feet to the
6 beginning of a non-tangent curve concave southwesterly having a radius of 1850.05 feet, a
7 radial line to said beginning bears South 38026'27" West; thence southeasterly along said
8 curve 152.39 feet through a central angle of 4043'10" to a point 246.81 feet southeasterly
9 measured at right angles from the southeasterly line of the map filed in Book 64, Page39 of
:0 Parcel Maps, Records of said County, as said line is established on said Record of Survey,
11 and 554.74 feet, measured at right angles, from the centerline of Edinger Avenue as shown
12 on said Record of Survey. .
13
14 Control line "B"
15 --
16 Beginning at the hereinbefore described Point "A"; thence North 40040'06" East
17 739.01 feet to a point that is 445.49 feet southeasterly, measured at right angles, from the
18 centerline of said Red Hill Avenue between Valencia Avenue and Santa Fe Drive, and
19 604.41 feet southwesterly of the southwesterly line of said Parcel Map as established on
20 said Record of Survey
21
22 Parcel 7
23
24 Beginning at the hereinbefore described point "B"; thence leaving said Control line "An
'25 North 10038'33" East 52.00 feet to a line that is parallel with and 52.00 feet northeasterly
26 of said control line "An; thence along said parallel line North 79021'27" West 50.00 feet to
27 the beginning of a curve concave northerly having a radius of 42.00 feet; thence, leaving
28 said parallel line, westerly and northwesterly along said curve 10.38 feet through a central
Page 2 of5
(:\o;urveys\2tusOl0200\rcpol'tS\leglll-p:.U'Cel 7.doc 11103/00 10:01 AM
PSOMAS
Legal Description
Exhibit "A"
Parcel 7
angle of 14009'13"; thence North 65012'14" West 36.66 feet to the beginning of a curve
2 concave southerly having a radius of 58.00 feet; thence northwesterly and westerly along
3 said curve 14.33 feet through a central angle of 14009'13" to a line that is parallel with and
4 64.00 feet northerly of said control line "A"; thence along said parallel line North
5 79021'27" West 60.00 feet to the beginning of a curve concave southerly having a radius of
6 58.00 feet; thence, leaving said parallel line, westerly along said curve 14.33 feet through a
7 central angle of 14009'13"; thence South 86029'20" West 36.66 feet to the beginning of a
8 curve concave northerly having a radius of 42.00 feet; thence westerly along said curve
9 10.38 feet through a central angle of 14009' 13 "to a line that is parallel with and 52.00 feet
0 northerly of said control line "A"; thence along said parallel line North 79021'27" West
II 31.70 feet to the beginning of a curve concave northerly having a radius of 1348.04 feet,
12 being concentric with and 52.00 feet northerly of said control line "A"; thence along said
, .
13 concentric curve westerly 86.17 feet through a central angle of 3039'45"; thence
14 North 75041'42" West 50.82 feet; thence North 30041'42" West 24.04 feet; thence
15 North 73031 '26" West 46.10 feet; thence South 64004'33" West 24.04 feet to the beginning
16 of a non-tangent curve concave northerly having a radius of 1038.68 feet a radial line to
17 said beginning bears South 19004'33" West; thence westerly and northwesterly along said
18 curve 99.00 feetthrough a central angle of 5027'40" to the beginning of a compound curve
19 concave northeasterly having a radius of 1353.04 feet, a radial line to said beginning bears
20 South 24032'13" West. said compound curve being concentric with and 47.00 feet
21 northeasterly of said control line "A"; thence northwesterly along said curve 380,94 feet
22 through a central angle of 16007'53" to a line that is parallel with and 47.00 feet
23 northeasterly of said control line "A"; thence along said parallel line North 49019'54" West
24 313.79 feet to the beginning of a curve concave northeasterly having a radius of 3092.59
25 feet; thence, leaving said parallel line, northwesterly along said curve 124.26 feet through a
26 central angle of 2018'08" to the beginning of a reverse curve concave southwesterly having
27 a radius of 3108.59 feet, a radial line to said beginning bears North 42058'14" East; thence
28 northwesterly along said curve 124.83 feet through a central angle of 20 18'03 thence
Page 3 of5
C:\surveys\2lusOI0200\repOlU\leglll-pa.n:e17.doc 11/03/0010:01 AM
PSOMAS
Legal Description
Exhibit "A"
Parcel 7
North 04022'}3" West 35.33 feet to a line that is parallel with and 30.00 feet southeasterly
2 of said control line "B"; thence along said parallel line North 40040'06" East 237.97 feet;
3 thence leaving said parallel line North 85040'05" East 21.21 feet to a line that is parallel
4 with and 45.00 feet southeasterly of said control line "B"; thence along said parallel line
5 North 40040'06" East 61.66 feet; thence, leaving said parallel line, North 04019'54" West
6 21.21 feet to a line that is parallel with and 30.00 feet southeasterly from said control line
7 "B"; thence along said parallel line North 40040'06" East 264.58 feet to the beginning of a
8 curve, concave southeasterly having a radius of 90.00 feet; thence northeasterly and
9 easterly along said curve 46.48 feet through a central angle of 29035'30" to the beginning
10 of a reverse curve concave southwesterly having a radius of 48.00 feet, a radial line to said
II beginning bears South 19044'24" East, being the True Point of Beginning; thence
12 easterly, northeasterly, northerly, northwesterly, westerly, southwesterly and southerly
13 along said curve 200.38 feet through a central angle of 239011'01" to the beginning of a
14 reverse curve, concave southerly having a radius of 90.00 feet, a radial line to said
15 beginning bears North 78055'25" West; thence southerly along said curve 9.73 feet through
16 a central angle of 6011'39" to a point of cusp; thence North 49019'54" West 343.08 feetto a
17 line that is parallel with and 65.00 feet southwesterly from the centerline of said Red Hill
18 Avenue; thence along said parallel line North 40038'29" East 105.73 feet; thence leaving
19 said parallel line North 49021'31" West 5.00 feet to a line that is parallel with and 60.00
20 feet southwesterly of the centerline of said Red Hill A venue; thence along said parallel line
21 North 40038'29" East 413.21 feet to a point on the southwesterly line of a document
22 recorded January 26, 1943, in Book 1180, Page 12 of Official Records, of said County;
23 thence along southwesterly, southeasterly and northeasterly lines of said document the
24 following three (3) courses:
25 (1) South 49021'28" East 50.00 feet;
(2) North 40038'29" East 30.00
27 (3) North 49021'28" West 50.00 feet to a line that is parallel with and 60.00 feet
28 southeasterly of the centerline of said Red Hill A venue; thence, leaving said northeasterly
Page 4 of 5
f:\survcys\2tusOI0200\repons\legaJ-plln::cl7.doc 1lI03fOO 10:01 AM
PSOMAS
Legal Description
Exhibit "A"
Parcel 7
line, along said parallel line North 40038'29" East 37.73 feet to a point on the southwesterly
2 line of the map filed in Book 64, Page 39, of Parcel Maps in the office of said County
3 Recorder, as said line is established on said Record of Survey; thence along said
4 southwesterly line South 49021 '28" East 683.77 feet; thence leaving said southwesterly
5 line South 39056'05" West 348.08 feet; thence South 49051 '23" East 39.01 feet; thence
6 South 41002'42" West 282.51 feet; thence North 48057' 18" West 297.87 feet to the Tree
7 Point of Beginning.
8
9
0 Containing 435,071 Square feet 110 acres, more or less
11
12 As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
;
13
14 Prepared under my supervision:
15
16 /)1JJAC~ /1-/5'-rJO
17 Walter A. Sheek, P.L.S.4838 Dale
18
19
20
Page 5 of 5
f:\surveys\2tusOl0200\leports'Jegal-parcel7.doc 11103100 10:01 AM
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