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Home My WebLink About06 QUITCLAIM DEED 05-01-95NO. 6 5-i-95 DATE' MAY 1, 1995 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION EXECUTION OF QUITCLAIM DE~D OF A PORTION OF PUBLIC SIDEWALK EASEMENT TO TI:IR MCDONALD S CORPORATION OYER LOT 1 OF TRACT NO 14610 (BRYAN AVENUE @ TUSTIN RANCH ROAD) RECOMMENDATION It is recommended that the City Council, at their meeting of May 1, 1995 authorize the execution of a quitclaim deed of a portion of public sidewalk easement to the McDonald's Corporation over Lot 1 of Tract no. 14610 (Bryan Avenue @ Tustin Ranch Road) by the Mayor and City Clerk, and further authorize the City Clerk to submit the executed quitclaim to the Orange CountY Recorder's office for recordation. FISCAL IMPACT None. BACKGROUND A McDonald's drive-thru restaurant has been previously approved by the Planning Commission and City Council for the subject location. The design of the project encroaches into the existing 17-foot wide sidewalk easement on Bryan Avenue and the Developer has requested the quitclaim of a ten foot wide segment of the existing easement to accommodate the maintenance of the existing three (3) foot high concrete block wall and the new drive-thru and screen wall. The Engineering Division has determined that the portion of the existing easement to be quitclaimed is not necessary since all anticipated improvements have been completed on Bryan Avenue. Using the proposed drive-thru design, the City will have four (4) feet of easement remaining behind the back of the existing sidewalk. The Developer has also requested the vacation of an area nine (9) feet by eleven (11) feet through the sidewalk .easement on Tustin Ranch Road to accommodate pedestrian traffic. Tim D. Serlef,--~ Director of Public Works/ City Engineer TDS:WEH:klb:trI4610 Atl~clunenl~ Wendy E."~Hallman Junior Civil Engineer tL Z LU [ HONV8 t RECORDING REQUESTED B ~ AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENT TO: Name Street Address C~/& State Zip McDonald's Corporation One McDOnald's Plaza Oakbrook, Illinois 60521 Attn: Cherly Z. Girten, Senior Legal Assistant Title Order No. T 360 LEGAL (1-94) SPACE ABOVE THIS UNE FOR RECORDER'S USE Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ -0- [] ~ unincorporated area [] City of .ZTAIM_t.J.X~ Parcel No. [] computed .on full value of property conveyed, or' [] computed on full value less.value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Tustin, a municipal coporation, does hereby REMiSE, RELEASE AND FOREVER QUITCLAIM to the McDonald's Corporation dba Delaware McDonald's Corporation, a Delaware corporation, · e foHowhag described rezd propeny ~ uhe City of Tustin county of Orange , state of California: Ail as described 'in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part' hereof by this reference. Dated By: STATE OF CALIFORNIA COUNTY OF ~' S.S. On before me, a Notary Public in and for said County and State, personally appeared Mayor of the City of Tustin ..By: Mary Wynn City Clerk personally known to me (or proved.to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ms), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature (This area for official notorial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE 394-033.3 12/6/94 A.P.N. 500-165-01 LEGAL DESCRIPTION - PARCEL PORTION OF PUBLIC SIDEWALK EASEMENT THE SOUTHWEST 10.00 FEET OF THAT CERTAIN 17.00 FOOT WIDE EASEMENT CONTIGUOUS TO BRYAN AVENUE GRANTED TO THE CITY OF TUSTIN FOR SIDEWALK PURPOSES PER TRACT NO. 14610 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 688, PAGES 45 TO 48 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY MOST CORNER OF LOT 1 OF TRACT NO. 14610, AS SHOWN ON SAID MAP, SAID CORNER BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF BRYAN AVENUE AS SHOWN ON SAID MAP; THENCE, LEAVING SAID RIGHT-OF-WAY LINE, SOUTHWESTERLY ALONG THE SOUTHEAST LOT LINE OF SAID LOT 1, SOUTH 40°39'21'' WEST, 7.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA; THENCE, CONTINUING SOUTHWESTERLY ALONG SAID LOT LINE, SOUTH 40°39'21" WEST, 10.00 FEET TO A POINT ON THE SOUTHWEST EASEMENT LINE OF SAID 17.00 FOOT WIDE EASEMENT; THENCE, LEAVING SAID LOT LINE NORTHWESTERLY ALONG SAID SOUTHWEST EASEMENT LINE, NORTH 50°29'41'' WEST, 60.85 FEET; THENCE CONTINUING ALONG SAID SOUTHWEST EASEMENT LINE NORTH 49°20'56'' WEST, 166.54 FEET TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT 1; THENCE, NORTHEASTERLY ALONG SAID NORTHERLY LOT LINE, NORTH 84°34'21" EAST, 13.88 FEET; THENCE, LEAVING SAID NORTHERLY LOT LINE, SOUTH 49°20'56" EAST, 156.81 FEET; THENCE SOUTH 50°29'41'' EAST, 60.95 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA. AREA: 2,226 SQUARE FEET (0.05 ACRE) EXHIBIT "A" SHEET ! of 2 394-033.3 03/27/95 A.P.N. 500-165-01 LEGAL DESCRIPTION - PARCEL 2 PORTION OF PUBLIC SIDEWALK EASEMENT THAT PORTION OF CERTAIN 11.00 FOOT WIDE EASEMENT CONTIGUOUS TO TUSTINRANCH ROAD GRANTED TO THE CITY OF TUSTIN FOR SIDEWALK PURPOSES IN LOT 1, TRACT NO. 14610 IN THE CITY OFTUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 688, PAGES 45 TO 48 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY MOST CORNER OF LOT 1 OF TRACT NO. 14610, AS SHOWN ON SAID MAP, SAID CORNER BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF BRYAN AVENUE AS SHOWN ON SAID MAP; THENCE, NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE, NORTH 50°29'41'' WEST~ 61.02 FEET; THENCE CONTINUING NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE, NORTH 49°20'56'' WEST, 149.99 FEET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY "CORNER CUTOFF", SOUTH 84°34'21'' WEST, 37.48 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF TUSTINRAiNCH ROAD; THENCE-SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE, SOUTH 40°39'23'' WEST, 16.64 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA; THENCE, LEAVING SAID RIGHT-OF-WAY LINE OF TUSTIN RANCH ROAD, SOUTH 49°20'35'' EAST, 11.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID ll.00-FOOT WIDE EASEMENT FOR SIDEWALK PURPOSES; THENCE SOUTHWESTERLY ALONG SAID EASEMENT LINE, SOUTH 40°39'23'' WEST, 9.00 FEET; THENCE LEAVING SAID EASEMENT LINE, NORTH 49°20'35'' WEST, 11.00 FEET TO A POINT ON SAID RIGHT-OF-WAY LINE OF TUSTIN RANCH ROAD; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE, NORTH 40°39'23'' EAST, 9.00 FEET TO THE TRUE POINT OF BEGINNING. AREA: 99 SQUARE FEET SHEET 2 of 2 TUSTIN ROAD RANCH S40O59'23"W ""--- 175.00' ~ PARCEL 1 C~TY OF TUS11N FOR SIDEWALK PURPOSES PER TRACT N0.14610 U.U. 688/45-48 LO7 -J 'TRACT No, 1 ?4,0.-]0 P,..G, 45--4B ~ S40O39'21"W 2(: LOT ~ N84°34'21 "E 57.48' PARCEL 2 I 0.00' 00' --- Iii I,I ~-) (/3 EASEMENT TO / CITY OF TUSTIN FOR SIDEWALK PURI~OSES PER TRACT N0114610 P.O.B. BEARING LENGTH L1 S40o39'21"W 10.00' L2 N50o29'41"W 60.85' L5 N49O20'56"W 166.54-' L4 N84°34'21"E 13.88' L5 S49o20'56"E 156.81' L6 S50°29'41"E 60.95' L7 S40°39'23"W 9.00' L8 N 49°20'35" W 11.00' L9 S40O59'25"W 16.64' 0 40 80 120 SCALE 1" = 40' EXHIBIT "B" SHEET 1 of 1 N.E. JN. 394-033.5