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HomeMy WebLinkAbout05 PROJECT 900031 11-21-94NO. 5 11-21-94 )ATE: NOVEMBER 21, 1994 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION AUTHORIZATION FOR EXECUTION OF A GRANT DEED FOR THE EL MODENA SUBJECT: -IRVINE F0? CHANNEL BETWEEN MICHELLE DRIVE AND INTERSTATE (PROJECT NO. 900031 ) RECOMMENDATION It is recommended that the. City COuncil, at their meeting of November 21, 1994, authorize the Mayor and City Clerk to execute the attached Grant Deed for conveyance of E1 Modena-Irvine F07 Channel right-of-way from the City of Tustin to the Orange County Flood Control District. FISCAL IMPACT None BACKGROUND On July 1, 1991, the City of Tustin executed an agreement with the Orange County Flood Control District (Agreement No. D90-097) for the improvement of the E1 Modena-Irvine F07 Channel between Michelle Drive and Interstate 5. For construction purposes, the Irvine Company granted the City of Tustin the fee right-of-way for this portion of the Channel. As stated in the agreement, within 6 months after completion of all construction and acceptance of the improved Channel, the fee right-of- way is to be conveyed by the City of Tustin to the Orange County Flood Control District to operate and maintain this Regional Water Course. The City Council, at their meeting of November 7, 1994, accepted said work of improvement and authorized the recordation of the Notice of Completion. Upon execution of the attached Grant Deed (5 copies) the Public Works Department will transmit them to the Orange County Flood Control District for recordation. Tim D. Serlet Director of Public Works/City Engineer TDS: JO: ccg: deedelmo Att acYunent /~~y 8tteson Associate Civil Engineer t/IYFORD - - - -~ APPROXIMATE PROJECT CONSTRUCTION LIMITS Orange County Flood Control D/sir/ct Right Of Woy (Ex/sling) V~C~NI.T ¥ )gAP EL 310DENA-IRVINE CHANNEL Facility: E1Modena-Irvine Channel Facility No.: F07 Parcel No.: 105 & 106 A.P. No.: 104-350-15,17 Location: City of Irvine GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, the CITY OF TUSTIN, a Municipal Corporation, hereinafte~ referred to as Grantor, does hereby Grant to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politics, the real property, partly in the City of Tustin, and partly in the City of Irvine, all in the County of Orange, State of California described as: Those certain parcels of land situated partly within the City 'of Tus.tin and partly within the City of 1trine, County of Orange, State of California, being those portions of Lot 40 of Block 45 of Irvine:s Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellane6us Record Maps in the Office of the County Recorder of said Orange County, described as follows: PARCEL 1'. (105)' COMMENCING at the intersection of th6 northeasterly line of said Block 45 wi'th the reference line as described in a Grant Deed to the Orange County Flood Control District recorded July 6, 1987 as Instrument No. 87-557413 of Official Re'cords in said Office of the Orange County Recorder; thence,along said reference line and the southerly prolongation thereo, f SoUth 20'37'48' West 59.08 feet to the ~ southwesterly ri.ght-of-_w~y line of the Santa Aha Freeway as described in Parcel I of a Grant Deed to the State of California 'recorded October 17, 1957 in-Book 4072, Page 65 of Official Records in said Office.of the Orange County Recorder and a point hereinafter, referred to as Point "A"; thence along a line hereinafter referred to as Course "A" and the prolongation of last said course South 20'37'48" West 889.30 feet to'a point hereinafter referred to as Point "B" AAB:1062510092464 -1- and the TRUE POINT OF BEGINNIN:; thence North 69'22'12" West ~.00 feet to a line petal, lei with and 49..00 feet westerly, from said Course "A"; thence along said '.parallel line North 20'37'48" East 79.77 feet; thence North 4'32'32" East 61.98 : feet to the 'southwesterly right-of-way line of Michel le Drive (80.00 feet wide) ~s described in 'Parcel I of an Easement Deed to the City of Irvine recorded May 12, 1977 in Book .12191,. Page 1734 of Official Records in said Office of the. Orange County Recorder; thence along said southwesterly riQht-of-way line South 49'20~18" East 133.!4 feet; thence South 40'39'.42" West ~8.94 feet to a line parallel wil~h and 49.00 feet .easterly from said Co'urse "A"; thence along said parallel line South 20'37'48" West 66.53 feet to a point which bears -South ~9'22~12" East from the TRUE . .-POINT OF :BEGINNING; .thence North 69'22~12'' West 49.00 feet to the TRUE POINT OF BEGINNING. CONTAINING: 0.273 Acres, more or less. 'PARCEL 2 (106) ])EGINNING at Point "A" 'described here.inbefore in 'Parcel 1; thence along the southwesterly right-of-way line of the Santa Aha Freeway as described in Parcel i of.a Grant Deed to the State of California recorded October 17, 1957 in Book 4072, Page 65 of Official Records in said Office of .the Orange County Recorder " South 49'20'32" East 84.08 feet to a line parallel with and 79.00 feet easterly from Course "A" described in said Parcel 1; thence along said parallel line South 20'37'48" West 137.12 feet; thence 'North 69'22'12" West 30.00 feet to a line parallel with and 49.00 feet southeasterly from said Course "A"; thence .along said parallel line South .20'37'48" West 489.61 feet; thence South 6'04'51' West 58.53 feet to the northeasterly righ~-of-way line of'Michelle Drive as described in Parcel 1'of an Easement Deed to the City of Irvine.recorded May 12, 1977 in 'Book. 12191, Page 1734 of Official 'Records in said Office of the Orange 4County Recorder; thence along said northeasterly-right-of-way line North 49'20']8" West .131.93 feet; thence North-40'39'42" East 32.83 feet to a line .parallel .with-~nd-49.00 feet northwesterly, from .said Course "A"; thence " :along ~aid parallel line North'20'37'48" East 493.24 'feet; thence North 17'37'00" East 57.07 feet; thence North 69'22'12" West 32.00 feet to a line parallel with and 84.00 feet 'northwest'erly from 'said Course "A"; thence along said-parallel line North 20'37'48" East I16.'54 feet to said southwesterly right- of-way li.ne of the Santa Aha 'Freeway; "thence along said southwesterly right- of-way line South.'49'20'32" East 89.41 feet' to the POINT OF BEGINNING. · 'EXcEpTING THEREFROM-that portion included within the parcel of land described in a Grant'Deed to the Orange County Flood Con..trol District recorded July 6, I987 as Instrument No. 87-557413 of Official Records in said Office of the Orange County Recorder. · 'CONTAINING: 1.207-Acres, more or 1-ess. · 'SUBJECT TO a'll Covenants., Rights, Rights-of-Way and 'Easements of Record. ~ m "! · · ,'"- ,, ! , z. L .... _-" ' . ~: 106251009246~ -2- Grantor reserves the right to constr~.lct, ma~ntm~n and use'a pedestrian and/or vehicular over-crossing, not to exceed 50 feet in width, across said Parcel 106. Crossing shall be constructed in sUch a location and manner as is mutually agreeable to the The Irvi. ne Company., the City of Tustin, the Orange County Flood Control District (hereinafter referred to as District) and the adjacent land owner(s), and shall be subject to Districtts prior approval and the issuance of any permits regularly required by District. In the event that the drainage facility on Parcel No. 105 herein described is realigned and/or improved and an appropriate easement is provided by Grantor and/or The Irvine Company for such realigned facility, the Grantee, upon request, will vacate that portion of this easement not needed by the realignment. CITY OF TUSTIN, a Municipal Corporation Dated: By: By: Mayor City Clerk AAB:1062510092464 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On , 19 __., before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the bas~s of satisfactory evidence) to be the Mayor, and ~. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the City Clerk of the City of , the municipal corporation that executed the within instrument, known to me to be the'persons who executed thewithin instrument on behalf of said municipal corporation, and acknowledged to me that said municipal corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State AAB:1062510092464 -4- .ANA 20°37'48"W. 59.08' 9.0( · i Scale: 1"= I00' ~ iHICHELLE ' \ DRIVE COUNTY ENVIRONMENTAL MANA~ /tGE~Y -- RICifT OF RIGHT OF WAY MAP -- COMPILED FR~ PUBLIC RE(Z)R~ RO~CT:EL A4ODENA -- IRVINE CHANNEL (FO7) at FREEV/AY ]LD. NO. t ...... I,-~ I~,-,~ ,~=-~..-. IA.=,