Loading...
HomeMy WebLinkAbout08 CONVEY CITY-OWNED PROPERTY AT SE CORNER OF RED HILL AND VALENCIA TO OC RESCUE MISSIONT -~ — , 1 • RT `S ��� MEETING DATE: IC�iI FROM NOVEMBER 17, 2015 JEFFREY C. PARKER, CITY MANAGER CITY MANAGER'S OFFICE Agenda Item 8 Reviewed: City Manager Finance Director <NJ SUBJECT: CONVEY CITY -OWNED PROPERTY AT THE SOUTHEAST CORNER OF RED HILL AVENUE AND VALENCIA AVENUE TO THE ORANGE COUNTY RESCUE MISSION FOR PARKING PURPOSES SUMMARY Approval is requested to convey an undeveloped City -owned parcel at the southeast corner of Red Hill Avenue and Valencia Avenue to the Orange County Rescue Mission ("OCRM") for parking purposes. RECOMMENDATION It is recommended the City Council adopted Resolution No. 15-85 authorizing the City Manager to execute the Quitclaim Deed on behalf of the City of Tustin and take all necessary actions to implement the conveyance. FISCAL IMPACT The subject property was originally conveyed by the Department of the Navy at no cost, was subsequently conveyed at no cost, and the property will again be conveyed to the OCRM at no cost. ALIGNMENT WITH STRATEGIC PLAN The conveyance of the properties to the OCRM contributes to "Goal D: Strong Community and Regional Relationships' of the City's Strategic Plan, by fostering strong relationships within the community and providing leadership within the region in the area of transitional housing and services for homeless Veterans. BACKGROUND/DISCUSSION The subject 0.57 -acre property (the "Strip Parcel") is located at the southeast corner of Red Hill Avenue and Valencia Avenue at an entry to the Tustin Legacy, and is located Agenda Report November 17, 2015 Page 2 immediately adjacent to the Orange County Rescue Mission ("OCRM") as shown in (Figure 1. The Strip Parcel was originally conveyed by the Department of the Navy to the City of Tustin in 2002 as a part of the no- a- cost Economic Development Conveyance _ at the former (MCAS Tustin. The property h6wowMMA.�:IL_ A&—A— was subsequently conveyed to the South Orange County Community College District ("SOCCCD") in 2004, and then most recently re -conveyed back to the City in 2014. The Strip Parcel is currently undeveloped containing only Tustin Legacy entry landscaping, a Tustin Legacy monument sign, and a dirt area (f=igure 2). As a result of the narrow size and configuration, and corner location with building and landscaping setbacks, the Strip Parcel is essentially considered undevelopable. Figure 1 Following re -conveyance from the SOCCCD, the OCRM requested use of the Strip Parcel for parking purposes to support the ongoing transitional housing operation at the existing facility, which enables homeless persons to progress to self-sufficiency. The proximity of the parking area is ideal for use by the Figure 2 OCRM and would also facilitate the potential increase of beds at the facility based upon the availability of additional parking. The OCRM has designed a parking lot on the Strip Parcel that would provide for 26 parking spaces within the dirt area outside of the sign and landscaping areas. On October 27, 2015 the Planning Commission approved an amendment to the OCRM's existing Conditional Use hermit 01-030 to allow for an increase in the number of beds, and ultimately the number of homeless people that may be assisted, on the condition that the 26 parking spaces are constructed. Conveying the property to the OCRM, compared to a ground lease, would better facilitate OCRIVI's ability to develop the parking lot while also minimizing risk to the City. As a result, the City has prepared the attached Quitclaim Deed that would result in conveyance of the property to the OCRM with certain conditions and restrictions: Use of Premises - Use of the Strip Parcel will be limited to vehicle parking for the benefit of the OCRM facility and shall not be used for any other purpose. Given Agenda Report November 17, 2015 Page 3 the Strip Parcel is at a gateway location to the Tustin Legacy, in no event shall it be used (1) to unload, park, or store semi -trucks, recreational vehicles, buses, or non -motorized vehicles, trailers, or campers; (2) for material or equipment storage; (3) for storage of refuse bins or waste; or (4) for camping or storage of personal property. Landscape and Sign Easement — The City will reserve an easement for access, use, installation, maintenance, construction, replacement and repair of the landscaping and monument sign located along the frontages of Red Hill Avenue and Valencia Avenue. • Property Ownership - The continued provision of Homeless Services at the OCRM is a material inducement for the City to grant the Strip Parcel. Per the Quitclaim Deed, if at any time the OCRM ceases to provide Homeless Services at the Village of Hope or if the properties are owned by separate entities, all right, title, and interest in the Strip Parcel shall revert to the City. The provision of Homeless Services by the OCRM, enables homeless persons to progress to self-sufficiency, and in so doing advances a substantial public purpose. Granting the Strip Parcel to the OCRM at no cost is consistent with Policy 1.14 of the General Plan Housing Element, and will advance the public purpose served by the OCRM. City Council authorization is being sought to direct the City Manager to execute the Quitclaim Deed and to complete all actions necessary to implement the conveyance. Staff will be available to answer questions the City Council may have. 1611 Matthew S. West Assistant to the City Manager Attachment: City Council Resolution No. 15-85 RESOLUTION NO. 15-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A PARCEL OF LAND TO THE ORANGE COUNTY RESCUE MISSION IN FURTHERANCE OF ITS EMERGENCY AND TRANSITIONAL HOUSING PROGRAM FOR HOMELESS MEN, WOMEN, AND CHILDREN WHEREAS, the City of Tustin ("City") owns the approximately fifty-seven one -hundredths of an acre (0.57 acre) parcel located at the southwest corner of the intersection of Red Hill Avenue and Valencia Avenue, Tustin, California ("Strip Parcel"). WHEREAS, the Orange County Rescue Mission ("Rescue Mission"), a non-profit California Corporation, owns the property abutting the Strip Parcel, located at 1 Hope Drive, Tustin, California, upon which Rescue Mission operates the Village of Hope, an emergency and transitional housing program for homeless men, women, and children ("Homeless Services"). WHEREAS, the Strip Parcel includes landscaping along the frontages of Red Hill Avenue and Valencia Avenue, and features a Tustin Legacy monument sign near the intersection of those roadways, with the remainder of the Strip Parcel consisting of limited paving surface and compacted dirt. WHEREAS, Rescue Mission desires to acquire the Strip Parcel to construct additional parking to support its provision of Homeless Services at the Village of Hope. WHEREAS, the City desires to grant the Strip Parcel, at no cost, to Rescue Mission, and has prepared the Quitclaim Deed attached hereto as Attachment 1, and incorporated herein, to effectuate the desired transfer of the Strip Parcel. THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: A. The foregoing recitals are true and correct and are incorporated herein. B. The City Council of the City of Tustin grants the Strip Parcel to the Rescue Mission as described in the Quitclaim Deed attached hereto as Attachment 1. C. The City Council of the City of Tustin reserves for itself a non-exclusive, perpetual, and irrevocable permanent easement on, over, under, through and across the Strip Parcel for access, use, installation, maintenance, construction, replacement and repair of the landscaping and monument sign located along the frontages of Red Hill Avenue and Valencia Avenue, as described in the Quitclaim Deed. D. The provision of Homeless Services by the Rescue Mission, enables homeless Resolution No. 15-85 Page 1 of 3 persons to progress to self-sufficiency, and in so doing advances a substantial public purpose. Granting the Strip Parcel to the Rescue Mission at no cost is consistent with Policy 1.14 of the General Plan Housing Element, and will advance the public purpose served by the Rescue Mission. E. The continued provision of Homeless Services at the Village of Hope is a material inducement for the City to grant to Rescue Mission the Strip Parcel. Per the Quitclaim Deed, if at any time the Rescue Mission ceases to provide Homeless Services at the Village of Hope, all right, title, and interest in the Strip Parcel shall revert to the City. F. The City Council of the City of Tustin hereby authorizes the City Manager to execute the Quitclaim Deed on behalf of the City of Tustin. G. Upon execution of the Quitclaim Deed by City Manager, the City Clerk shall record the Quitclaim Deed at the Orange County Recorder's Office. H. Upon receipt of the recorded Quitclaim Deed, the City Clerk shall mail a copy of the recorded Quitclaim Deed to the Rescue Mission. I. This Resolution shall take effect on the day it is adopted. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 17th day of November, 2015. ATTEST: ERICA N. RABE, City Clerk CHARLES E. PUCKETT, Mayor Resolution No. 15-85 Page 2 of 3 STATE OF CALIFORNIA ORANGE COUNTY CITY OF TUSTIN I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 15-85 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of November, 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, City Clerk Resolution No. 15-85 Page 3 of 3 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City Manager The City of Tustin 300 Centennial Way Tustin, California 92780 Mail copy of Quitclaim Deed and Tax Statements to: Orange County Rescue Mission, Inc. One Hope Drive Tustin, California 92780 Attn: Jim Palmer Exempt from Recording Fees Per Government Code Section 6103 Space Above This Line Reserved for Recorder's Use QUITCLAIM DEED AND ENVIROMENTAL RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471 WITH RESERVATION OF EASEMENT THIS QUITCLAIM DEED is made this _ day of 2015, by the City of Tustin, California, a municipal corporation organized under the laws of the State of California ("GRANTOR"), in favor of the Orange County Rescue Mission, Inc., a non-profit California Corporation ("GRANTEE"). RECITALS: A. GRANTOR requested from the United States of America ("Government") conveyance of a portion of the former Marine Corps Air Station Tustin, ("MCAS Tustin") which was closed pursuant to and in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (Pub. L No. 101-510; "Base Closure Act") and which is no longer required for military purposes; B. The Government and GRANTOR entered into that certain Agreement between the United States of America and the City of Tustin, California, for the Conveyance of a Portion of the former Marine Corps Air Station Tustin, dated May 13, 2002, and as subsequently amended, which sets forth the terms and conditions of the conveyance of portions of MCAS Tustin from the Government to GRANTOR ("Navy -City Conveyance Agreement"); u1us1111-W C. Pursuant to the Navy -City Conveyance Agreement, the Government conveyed certain real property at MCAS Tustin ("City Property") to GRANTOR; D. Pursuant to California Civil Code § 1471 and a Finding of Suitability to Transfer ("FOST"), the Government determined that it is reasonably necessary to impose certain restrictions on the use of the City Property to protect present and future human health or safety or the environment as a result of the presence of hazardous materials on portions of the City Property described hereinafter with particularity; E. GRANTOR and South Orange County Community College ("SOCCCD") entered into that certain Agreement between the City of Tustin and the South Orange County Community College District for the Conveyance of a Portion of MCAS, Tustin and the Establishment of an Advanced Technology Educational Campus, dated April 22, 2004, and as subsequently amended ("City-SOCCCD Conveyance Agreement") setting forth the terms and conditions of the conveyance of a portion of the City Property from GRANTOR to SOCCCD; F. In accordance with the City-SOCCCD Conveyance Agreement, GRANTOR conveyed, on one or more occasions, portions of the City Property ("SOCCCD Property") to SOCCCD; G. GRANTOR and SOCCCD entered into that certain Agreement Concerning Valencia Parcel ("Valencia Agreement"), dated July 8, 2014, pursuant to which SOCCCD agreed to convey to CITY fee title to a certain portion of the SOCCCD Property, compromising fifty-seven one -hundredths of an acre (0.57 acre) more or less ("Strip Parcel"). H. In accordance with the Valencia Agreement, SOCCCD conveyed the Strip Parcel to GRANTOR. NOW THEREFORE, GRANTOR, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby remise, release and forever quitclaim to GRANTEE, all of GRANTOR's right, title and interest in and to that certain real property, comprising fifty-seven one -hundredths of an acre (0.57 acre) more or less ("Strip Parcel"), as more particularly described in Attachment "A" attached hereto. TOGETHER WITH all improvements on the Strip Parcel. 1. SUBJECT TO THE FOLLOWING: 1.1 Encumbrances. GRANTEE agrees to accept conveyance of the Strip Parcel subject to all covenants, conditions, restrictions, easements, rights-of-way, reservations, rights, agreements, and encumbrances of record, including those set forth in that certain Quitclaim Deed and Environmental Restriction Pursuant to Civil Code Section 1471, recorded on April 29, 2004 as Instrument No. 2004000369376 in the Official Records ("2004 Quitclaim Deed"). 1.2 Landscape and Signage Easement. GRANTOR reserves for itself, its successors and assigns a non-exclusive, perpetual, and irrevocable easement on, over, under, through and across the easement area described more particularly in Attachment "B" attached hereto. Said easement is for access, use, installation, maintenance, construction, replacement and repair of the landscaping and monument sign(s) owned by GRANTOR and located in the easement area depicted in Attachment "C" attached 11160692 2 GRANTEE shall not unreasonably interfere with GRANTOR's rights to the easement area hereunder. Any use of the Strip Parcel, or the construction, placement or maintenance of any improvements or structures on the Strip Parcel that interferes with GRANTOR's use of the Strip Parcel shall be discontinued and/or removed and/or relocated by GRANTEE, at its sole expense, when notified in writing to do so by GRANTOR. 1.3 Indemnification. GRANTEE shall indemnify, defend, and hold harmless GRANTOR, its officers, officials, employees, volunteers, and agents from and against any liabilities, losses, costs, claims, and expenses including legal costs and reasonable attorney's fees ("Claims") arising out of or in any way relating to either (1) the GRANTEE's use, possession and ownership of the Strip Parcel, or (2) GRANTOR's exercise of rights in the Landscape and Signage Easement described in Section 1.2. 1.4 General Release and Waiver. GRANTEE hereby releases, waives, and discharges GRANTOR, its officers, officials, employees, volunteers, and agents from, and covenants not sue GRANTOR, for, any and all claims for loss or damage, including without limitation, any claims or demands on account of personal injury, property damage or death which may occur as a result of or arising from, directly or indirectly, GRANTOR's exercise of rights in the Landscape and Signage Easement described in Section 1.2, even though such injury or damage may arise out of the negligence of GRANTOR or out of a dangerous or defective condition of property or equipment owned or maintained by GRANTOR. GRANTEE hereby expressly waives the protection of California Civil Code Section 1542, which reads as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." GRANTEE expressly waives and releases any and all rights or benefits arising thereunder. 1.5 Reversion. GRANTEE owns the real property immediately southwest of the Strip Parcel, located at 1 Hope Drive, Tustin, California ("Shelter Property"), upon which GRANTEE operates the Village of Hope, an emergency and transitional housing program for homeless men, women, and children ("Homeless Services.") The continued provision of Homeless Services at the Village of Hope is a material inducement for GRANTOR to grant to GRANTEE the Strip Parcel. If at any time, GRANTEE, its successors or assigns ceases to provide Homeless Services at the Village of Hope, at the option of GRANTOR, all right, title and interest in and to the Strip Parcel shall, upon recording of a Notice of Entry by GRANTOR, pass to and become the property of GRANTOR, which shall have an immediate right to entry thereon, and GRANTEE, its successors and assigns, shall forfeit all right, title, and interest in and to the Strip Parcel and in and to any and all improvements and appurtenances thereto. Additionally, if at any time, the Strip Parcel and the adjoining Shelter Property are not held in common ownership by GRANTEE, its successors or assigns, all right, title and interest in and to the Strip Parcel shall, upon recording of a Notice of Entry by GRANTOR, pass to and become the property of GRANTOR, which shall have an immediate right to entry thereon, and GRANTEE, its successors and assigns, shall forfeit all right, title, and interest in and to the Strip Parcel and in and to any and all improvements and appurtenances thereto. 1.6 Use of Premises. GRANTEE shall use the Strip Parcel for vehicle parking for the benefit of the Village of Hope, its program participants, officials, officers, employees, volunteers, guests, and agents. GRANTEE shall not use or permit said Strip Parcel to be used for any other purpose. In no event 1116069.2 3 shall the Strip Parcel be used (1) to unload, park, or store semi -trucks, recreational vehicles (as defined by Health and Safety Code Section 18010, as may be amended), buses, or non -motorized vehicles, trailers, or campers; (2) for material or equipment storage; (3) for storage of refuse bins or waste; or (4) for camping or storage of personal property (as defined by Tustin City Code Section 7601, as may be amended). 1.7 Government Deed. The quitclaim deed from the Government conveying the City Property to GRANTOR ("Government Deed") was recorded prior to the recordation of this Quitclaim Deed. In its transfer of the City Property to GRANTOR, the Government identified certain building(s) or portions of building(s) as having, presumed to have, or requiring surveys for, friable and non -friable asbestos containing materials and lead-based paint, and the presence of certain contaminants and hazardous materials. GRANTOR has no knowledge regarding the accuracy of such information and makes no warranties regarding the condition of the building(s) on the Strip Property, if any. GRANTOR makes no warranties regarding the environmental conditions on the Strip Parcel and has no knowledge regarding the accuracy or adequacy of the Government's remediation of the Strip Parcel as provided in the Government Deed, and GRANTOR has taken no steps to abate any such conditions. The italicized information below is copied verbatim (except as discussed below) from the Government Deed conveying the City Property to GRANTOR. To the extent applicable to the Strip Parcel conveyed hereunder, by acceptance of this Deed GRANTEE hereby acknowledges and assumes all responsibilities placed upon GRANTOR under the terms of the aforesaid Government Deed to GRANTOR. Within the italicized information only, the term "GRANTOR" shall mean the Government, and the term "GRANTEE" shall mean the City of Tustin; to avoid confusion, the words "Government" have been added in parenthesis after the word "GRANTOR", and "City of Tustin" has been added in parenthesis after the word "GRANTEE". Quitclaim Deed G and Environmental Restriction Pursuant to Civil Code Section 1471 2.4 Asbestos Containing Material 2.4.1. GRANTEE (City of Tustin) is hereby informed and does hereby acknowledge that hazardous materials in die form of asbestos or asbestos -containing materials ("ACM') have been found and are otherwise presumed to exist in buildings and structures on the Property. The EBS and FOST disclose the presence of known asbestos or ACM hazards in such buildings and structures on the Property. 2.4.2. GRANTEE (City of Tustin) covenants, on behalf of itself, its successors and assigns, as a covenant running with the land, that it will prohibit occupancy and use of buildings and structures, or portions thereof, containing known asbestos or ACM hazards prior to abatement of such hazards. In connection with its use and occupancy of the Property, including, but not limited to, demolition of buildings and structures containing asbestos orACM, it will comply with all applicable federal, state and local laws relating to asbestos and ACM. 1116069.2 4 2.4.3. An ACM survey has not been conducted for Buildings/Structures 562, 569, 584, 590, 592, 597, and 607 on Parcel 1-G-1. GRANTEE (City of Tustin) shall prohibit occupancv and use of those buildings and structures and portions thereof until ACM survevs have been conducted by GRANTEE (City of Tustin) or its successors and assigns, and any necessary abatement required under applicable federal, state and local laws relating to asbestos and ACM has been completed by GRANTEE (City of Tustin) or its successors and assigns. 2.4.4. The GRANTOR (Government) shall provide a notice of release, in recordable form, to the GRANTEE (City of Tustin) at such time as demolition of the buildings on the Property containing ACM has been completed and the appropriate government regulatory agencv(s) have confirmed in writing to the GRANTEE (City of Tustin) that ACMhas been removed from the buildings and any necessary soil remediation has been conducted in accordance with all applicable federal, state, and local laws and regulations. This notice of release shall be deemed to remove all notices and restrictions relating to ACMfronn the Property. The GRANTOR (Government) shall have no obligation under this subparagraph for the demolition of buildings or the removal of ACM or soil remediation related to such demolition or removal action. 2.5 Lead -Based Paint (LBP) 2.5.1. The Property may include improvements that are presumed to contain LBP because thev are thought to have been constructed prior to 1978. Building 182 is restricted from residential use and children are not allowed to occupy the building. When Building 182 is demolished, the GRANTEE (City of Tustin) or its successors and assigns, will be required to demolish the building in accordance with applicable laws and conduct post -demolition sampling and abatement of any soil -lead hazards related to the demolition prior to occupation of any newly constructed buildings. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Pursuant to 40 CFR Section 745.113 the following notice is provided; "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of an interest in residential real propertv is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. " 2.5.2. The GRANTEE (City of Tustin) hereby acknowledges the required disclosure of the presence of arty known LBP and/o• LBP hazards in target housing constructed prior to 1978 in accordance with the Residential Lead -Based Paint Hazard Reduction Act of 1992, 42 U.S. C. Section 4852d (Title A). The GRANTEE (City of Tustin) acknowledges the receipt of available records and repots pertaining to LBP and/or LBP 11160692 5 hazards and receipt of the Environmental Protection Agency (EPA) approved pamphlet "Protect Your Familv from Lead in Your Home " (EPA 747-K-94-001). Furthermore, the GRANTEE (City of Tustin) acknowledges that it has read and understood the EPA pamphlet. 2.5.3. The GRANTEE (City of Tustin) covenants and agrees that, in any improvements on the Property defined as target housing by Title X and constructed prior to 1978, LBP hazards will be disclosed to potential occupants in accordance with Title X before use ofsuch improvements as a residential dwelling (as defined in Title A?. Further, the GRANTEE (City of Tustin) covenants and agrees that LBP hazards in target housing will be abated in accordance with Title X before use and occupancy as a residential dwelling. " Taget housing" means anv housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than six [6] years of age resides, or is expected to reside, in such housing) or any zero -bedroom dwelling. 2.5.4. The GRANTEE (City of Tustin) covenants and agrees that in its use and occupancy of the Property, it will comply with Title X and all applicable federal, state, and local laws relating to LBP. The GRANTEE (City of Tustin) acknowledges that the GRANTOR (Government) assumes no liability for damages for personal injury, illness, disability, or death to the GRANTEE (City of Tustin), a• to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with LBP on the Property, arising after the convevance of the Property from the GRANTOR (Government) to the GRANTEE (City of Tustin), whether the GRANTEE (City of Tustin) has properly warned, or failed to properly warn, the persons injured. 2.5.5. The GRANTOR (Government) shall provide a notice of release, in recordable form, to the GRANTEE (City of Tustin) at such time as demolition of the buildings on the Property containing LBP has been completed and the appropriate government regulatory agency(s) have confirmed in writing to the GRANTEE (City of Tustin) that LBP has been removed from the buildings and any necessary soil remediation has been conducted in accordance with all applicable federal, state, and local laws and regulations. This Notice of Release shall be deemed to remove all notices and restrictions relating to LBPfrom the Property. The GRANTOR (Government) shall have no obligation under this subparagraph for the demolition of buildings or the removal of LBP or soil remediation related to such demolition or removal action. 2.6. Notices And Covenants: 2.6.1. Notices: Hazardous Substance Notification. Pursuant to 42 U.S.C. § 9620(h)(3)(A), and the provisions of 40 C.F.R. part 373, the GRANTOR (Government) hereby gives notice that hazardous substances were stored for one year a• more, released or disposed of on the Property. The information contained inn this notice is required by regulations promulgated under Section 120(h) of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA or "Superfnmd'), 42 1116069.2 6 U.S.C. § 9620(h). The GRANTOR (Government) has made a complete search of its files and records concerning the Property. Based on that search, the type and quantity of such hazardous substances, the time at which such storage, release or disposal took place, to the extent such information is available, and a description of the remedial action taken, if any, is contained in Exhibit -B. " 2.6.2. Grant of Covenant [CERCLA 42 U.S.C. Section 9620 (h)(3)(A)(ii)(I)J. The GRANTOR (Government) covenants and warrants that all remedial action necessary to protect human health and the environment with respect to any hazardous substance remaining on the Property has been taken before the date of transfer. 2.6.3. Additional Remediation Obligation [CERCLA 42 U.S.C. Section 9620 (h)(3)(A)(ii)(II)J. The GRANTOR (Government) covenants and warrants that GRANTOR (Government) shall conduct any additional remedial action found to be necessmy after the date of transfer for anv hazardous substance existing on the Property prior to the date of this Deed. This covenant shall not apply to the extent that tine GRANTEE (City of Tustin) caused or contributed to any release or threatened release of any hazardous substance, pollutant, or contaminant. 2.6.4. Access [CERCLA 42 U.S.C. Section 9620 (h)(3)(A)(iii)J. In connection with GRANTOR's (Government's) covenant in 1.6.3 above and in connection with ongoing remediation on GRANTOR's (Government's) property adjacent to the Property, GRANTEE (City of Tustin) agrees on behalf of itself, its successors and assigns, as a covenant running with the land, that GRANTOR (Government), or its officers, agents, employees, contractors and subcontractors, shall have the right, upon reasonable notice to GRANTEE (City of Tustin), 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 necessmy to early out a response action or corrective action on adjoining property. Neither GRANTEE (City of Tustin), nor its successors and assigns, shall have any claim on account ofsuch entries against tine United States or any of its officers, agents, employees, contractors or subcontractors. The right to enter shall include the right to conduct tests, investigations and surveys, including, where necessary, drilling, test pitting, boring and other similar activities. Such right shall also include the right to construct, operate, maintain or undertake any other response or corrective action as required or necessmy, including, but not limited to monitoring wells, pumping wells, treatment facilities, and the installation of associated utilities. In exercising these rights of access, except in case of imminent and substantial endangerment to human health or the environment, the GRANTOR (Government) (1) shall give the GRANTEE (City of Tustin) reasonable notice of m?v action to be taken related to such remedial or corrective actions on the Property, and () make reasonable efforts to minimize interference with the on- going use of the Property. Furthermore, the GRANTOR (Government) and GRANTEE (City of Tustin) agree to cooperate in good faith to minimize an {v conflict between the necessary environmental investigation and remediation activities and the GRANTEE's (City of Tustin's) use of the Property. Arty inspection, survey, investigation or other response, corrective or remedial action undertaken by GRANTOR (Government) will, to 11160692 7 the maximum extent practical, be coordinated with representatives designated by the GRANTEE (City of Tustin). In connection with GRANTOR's (Government's) remedial actions described above, GRANTEE (City of Tustin) agrees on behalf of itself, its successors and assigns, as a covenant running with the land, to comply with the provisions of any health or safety plan in effect during the course of any such action. 2.7. Environmental Restriction. 2.7.1. Thefollowing environmental covenants, conditions, and restrictions (hereinafter "environmental restrictions') regarding the use of the Property have been determined by the GRANTOR (Government) to be reasonably necessary to protect present or future human health or safety or the environment as provided by CERCLA and California Civil Code Section 1471. The environmental restrictions made and accepted herein by GRANTEE (City of Tustin) shall be for the benefit of and enforceable by the GRANTOR (Government) herein as provided under Civil Code Section 1471 and applicable Federal statutes and regulations, shall run with the land, and shall be binding on the GRANTEE (City of Tustin), its successors and assigns. GRANTOR (Government) has installed monitoring and pumping wells, together with associated monitoring and other equipment on the Property. The approximate location of those wells and associated equipment is shown on Exhibit "C. " GRANTEE (City of Tustin), its successors and assigns, shall not alter, disturb or remove said wells or equipment without the prior written approval of GRANTOR (Government), United States Environmental Protection Agency, California Department of Toxic Substance Control, and Regional Water Quality Board, Santa Ana Region (collectively "Cognizant Regulatory Agencies'). 2.7.2. These environmental restrictions may be released at such time as the GRANTOR (Government) and the Cognizant Regulatory Agencies have determined that the restricted Property is protective of present or future human health or safety of the environment for the use that was formerly prohibited. Upon receipt of such written confirmation, the GRANTOR (Government) shall deliver to the GRANTEE (City of Tustin) in recordable form, a release (the "Release') relating specifically to the environmental use restrictions set forth in this deed. The execution of the Release by the GRANTOR (Government) shall remove all notices and restrictions relating to the remedy addressed by the restrictions from the title to the Property. 2.8. Indemnification Regarding Transferees. The GRANTOR (Government) hereby recognizes its obligations under Section 330 of the National Defense Authorization Act of 1993 (Pub. L. 102-484), as amended, regarding indemnification of transferees of closing Department of Defense property. 2.9. Non -Discrimination. GRANTEE (City of Tustin) covenants for itself, its successors and assigns, that it will comply with all applicable provisions of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1975 in the hese, occupancy, sale or lease of the Property. The foregoing 1116069.2 8 shall not be construed to prohibit the operation of federal or state approved programs focusing on the special needs of the homeless, veterans, victims of domestic violence and other classes of persons at risk; nor shall it be construed to prohibit employment practices not otherwise prohibited by law. The GRANTOR (Government) shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have the sole right to enforce this covenant in any court of competerut jurisdiction. 3. NO HAZARD TO AIR NAVIGATION. • GRANTEE (City of Tustin) covenants for itself, its successors and assigns, that in connection with an'v 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. 4. THE CONDITIONS, RESTRICTIONS, RESERVATIONS, AND COVENANTS set forth herein are a binding servitude on the Property, shall inure to the benefit of GRANTOR (Government) and GRANTEE (City of Tustin) and their respective successors and assigns, and will be deemed to run with the land in perpetuity, pursuant to California Civil Code sections 1462 and 1471 and other applicable authority. The responsibilities and obligations placed upon the land by the Government shall run with the land and be binding on all subsequent owners of the Strip Parcel unless or until such responsibilities and obligations are released pursuant to the provisions set forth in the Government Deed. GRANTOR and its successors and assigns, respectively, shall not be liable for any breach of such responsibilities and obligations with regard to the Strip Parcel arising from any matters or events occurring after transfer of ownership of the Strip Parcel by GRANTOR; provided, however, that GRANTOR or its successors and assigns, shall, notwithstanding such transfer, remain liable for any breach of such responsibilities and obligations to the extent caused by the fault or negligence of such party. 1.8 "As is, Where Is, With All Faults". GRANTEE acknowledges that it has examined the Strip Parcel and is acquiring the Strip Parcel from GRANTOR in an "AS IS, WHERE IS, WITH ALL FAULTS" condition, in its present state and condition and with all faults, which provisions shall survive the close of escrow related to this transaction and do not merge with this Quitclaim Deed. 2. COVENANTS RUNNING WITH THE LAND. The terms of this Quitclaim Deed, are hereby agreed and declared by GRANTOR and GRANTEE to be covenants running with the land and enforceable as restrictions and equitable servitudes against the Strip Parcel, and are hereby declared to be and shall be binding upon the Strip Parcel and GRANTEE and its successors and assigns owning all or any portion of the Strip Parcel. 3. NOTICES. All notices, consents, demands, requests and other communications a party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set for below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty- eight (48) hours from the time of mailing if mailed as provided in this Section: 1116069.2 9 If to GRANTOR: City of Tustin 300 Centennial Way Tustin, California 92780 Attn: City Manager With a copy to: David Kendig, City Attorney Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 If to GRANTEE: Jim Palmer Orange County Rescue Mission One Hope Drive Tustin, CA 92780 11160692 10 IN WITNESS WHEREOF, GRANTOR has caused its name to be signed to this Quitclaim Deed on the day first above written. Attest: Erica N. Rabe City Clerk Approved as to Form: David E. Kendig City Attorney "GRANTOR" CITY OF TUSTIN 0 Jeffrey C. Parker City Manager Date: 2015 "GRANTEE" Orange County Rescue Mission, Inc. ME Jim Palmer President Date: 2015 11160692 11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, (insert name and title of the officer) personally appeared , who 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(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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, (insert name and title of the officer) personally appeared who 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(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. I certify underPENALTY OF PERJURY underthe laws of the State ofCalifomiathat the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 1116069.2 12 (SEAL) QUITCLAIM DEED ATTACHMENT A LEGAL DESCRIPTION AND MAP FOR STRIP PARCEL (PARCEL I -E-4) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PSOMAS Legal Description Exhibit "A" Parcel I -E-4 (Portion of Reuse Plan Disposition Site 1) In the City of Tustin, County of Orange, State of California, being that portion of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of Records of Survey, both of the records of said County, described as follows: Parcel 1-E-4 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a beating of South 40°37'39" East between Valencia Avenue and Warner Avenue; thence South 49°20'07" East 103.05 feet; thence South 40°39'53" West 52.00 feet to the True Point of Beginning; thence South 49020'07" East 3.18 feet to the beginning of a curve concave southwesterly having a radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central angle of 1°54'51" to the beginning of a compound curve concave southwesterly having a radius of 42.00 feet, a radial line to said beginning bears North 42°34'44" East; thence southeasterly along said curve 11.95 feet through a central angle of 16018'19"; thence South 31°06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central angle of 12°42'56"; thence South 43°49'53" East 61.09 feet to the beginning of a curve concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve 14.33 feet through a central angle of 14°09'14"; thence South 57°59'07" East 36.66 feet to the beginning of a curve concave southwesterly having a radius of 42.00 feet, thence southeasterly along said curve 10.38 feet through a central angle of 14°09'17"; thence South 43°49'50" East 9.46 feet to the beginning of a curve F:\Surveys\2tus0102004eports\lcgnl-Pucel_l-E-4.doc 426/02 2:06 PM Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IPS OMAS Legal Description Exhibit "A" Parcel I -E-4 (Portion of Reuse Plan Disposition Site 1) concave northeasterly having a radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central angle of 2°32'29"; thence South 02051'08" East 23.41 feet; thence South 47°19'39" East 11.70 feet; thence South 40029'44" West 47.00 feet; thence North 49°19'54" West 351.89 feet to a point on a line parallel with and distant 77.00 feet southeasterly from the centerline of said Red Hill Avenue; thence along said parallel line North 40°37'39" East 59.07 feet to a point lying South 85°38'32" West 36.79 feet from the True Point of Beginning; thence leaving said parallel line North 85°38'32" East 36.79 feet to the True Point of Beginning. Containing 24,672 square feet or 0.57 acres, more or less. As shown on Exhibit `B" attached hereto and by this reference made a part hereof. prepared under my supervision Walter A. Sheek P.L.S. 4838 V Date Revised April 17, 2002 FaSurveys\2tus0I0200\reportsVegal-Parcel t-E-4.doc 4126102 2:D6 PM Page 2 of 2 *. LS 4878 *, EXPIRES: 9/70/04 SANTA M ROAD I J.Fi. of I N >a w1 RS Jt--]D)j I a m VALENCIA AVE. gl J n e S40'39'53 W N42 -34-44"E °i P.O.B. 52.00' A F PCC (RPD) Nn N N CURVE TABLE of I N >a LENGTH DELTA I a I I gl J 11.9 16'1819 °i _ m 1742 56 I w 14.33 � I I I 4200 I ml I n1 nl �I I I ^I I I I I n � I 74.50 21.89 3 0' I 77' I I nm EXHIBIT B L, PARCEL I -E-4 59.07' N4937'39"E 0.57 AC. N49"19'54"W 351.89' I \NOj I BEARING I DISTANCE I NOT A PART OT 7rJE LOT 83 11 I� I CURVE TABLE IN No. RADIUS LENGTH DELTA C1 734804 4s.04 01' 4s1 C2 4200 11.9 16'1819 C} 58 00 12.BJ 1742 56 C4 5 .00 14.33 14'0914 C5 4200 10. 74'091 G 145 .04 64.40 -01712-9 C7 74.50 21.89 8' 853 CB Z5. 00 13.54 310138 OT 7rJE LOT 83 11 I� I IN i m1� Iry � Ci,1 I cq III WR1 U u� L� LAAD �l ♦� !1\G Z\Ovk Rry3Py,�R A 5//fe�A N 4 4��- E%PPES G/30/M 2/ AF / DATE cry 39'22'21'W 131.81' ttl 3122'21w L71 72.00' GB j WARNER AVE. iSCALE: =100' pE5(StIGp01k Pmcm FE -4 (Pallor of R. M. pLpvApm � 1) &$T 10F1 SDAL P S O M A S E MCAS-TUSTIN DA LL, OVED BY i LL, QUITCLAIM DEED ATTACHMENT B LEGAL DESCRIPTION FOR LANDSCAPE AND SIGNAGE EASEMENT Page 1 of EXHIBIT "A" LEGAL DESCRIPTION That portion of Block 10 of Irvine's Subdivision, in the City of Tustin, County of Orange, State of California, as shown on the map filed in Book 1, Page 88 of Miscellaneous Records, and as shown on a map filed in Book 165, Page 31 through 39 inclusive of Record of Survey, both of the records of said County, described as follows: Commencing at the intersection of the centerline of Red Hill avenue with the centerline of Valcenia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing of South 49°37'39" West between Valencia Avenue and Warner Avenue. Thence South 49°20'07" East a distance of 103.05 feet; Thence South 40°39'53" West a distance of 52.00 feet to the True Point of Beginning; Thence South 49°20'07" East a distance of 3.18 feet to the beginning 1348.04 foot radius curve, concave southwesterly; Thence southeasterly, along said curve, through a central angle of 01'54'51" an are distance of 45.04 feet to the beginning of a compound curve, concave southwesterly, having a radius of 42.00 feet which bears North 42°34'44" East from the radius point; Thence southeasterly, along said compound curve, through a central angle of 16°18' 19" an arc distance of 11.95 feet; Thence South 31 °06'57" East a distance of 31.73 feet to the beginning of a 58 foot radius curve, concave northeasterly; Thence southeasterly, along said curve, through a central angle of 12°42'56" an are distance of 12.87 feet; Thence South 43°49'53" East a distance of 61.09 feet to the beginning of a 58.00 foot radius curve, concave northeasterly,; Thence southeasterly, along said curve, through a central angle of 14'09'14" an arc distance of 14.33 feet; Thence South 57°59'07"East a distance of 36.66 to the beginning of a 42.00 radius curve, concave southwesterly; Thence southeasterly, along said curve, through a central angle of 14'09'171, an arc distance of 10.38 feet; Thence South 43°49'50" East a distance of 9.46 feet to the beginning of a 1452.00 foot radius curve, concave northeasterly; S:\Villiage of Hope\150290-0000_Parking Expansion Area\Exhibits\2015-08-04 - Exhibits\Landscape easement\LEGAL FOR GRANT DEED.doc Page 2 of 3 Thence southeasterly, along said curve, through a central angle of 02°32'29" an arc distance of 64.40 feet; Thence South 02°51'08" East a distance of 23.41 feet; Thence South 47°19'39" East a distance of 11.70 feet; Thence South 40°29'44" West a distance of 47.00 feet; Thence North 49°19'54" West a distance of 18.37 feet to the beginning of a 14.50 foot radius curve, concave southeasterly; Thence northeasterly, long said curve, through a central angle of 67°58'42" an arc distance of 17.20 feet to the beginning of a 45.50 foot radius compound curve, concave northwesterly, which bears South 60°59'06" East from the radius point; Thence northeasterly, along said curve, through a central angle of 78°19'57" an arc distance of 62.21 feet; Thence North 49°19'02" West a distance of 252.89 feet; Thence South 40°40'58" West a distance of 25.00 feet; Thence South 49°19'02" East a distance of 2.50 feet to the beginning of a 2.50 foot radius curve, concave northwesterly; Thence southwesterly, along said curve, through a central angle of 90°00'00" an arc distance of 3.93 feet; Thence South 4040'58" West a distance of 20.21 feet; Thence North 49°19'54" West a distance of 29.46 feet to a point on a line parallel with and 77.00 feet distant from the centerline of said Red Hills Avenue; Thence North 40°37'39" East, along said parallel line, a distance of 59.06 feet; SWilliage of Hope\150290-0000_Parking Expansion Area\Exhibits\2015-08-04 - Exhibitc\Landscape easement\LEGAL FOR GRANT DEED.doc Page 3 of 3 Thence, leaving said parallel line, North 85'37'19" East a distance of 36.79 feet to the True Point of Beginning. The above described parcel contains 10,974 Square Feet, or 0.252 acres more or less. All as shown on Exhibit "B" attached hereto and made a part hereof. This real property description was prepared by me, or under my direction, in conformance with the provisions of the Professional Land Surveyors' Act of the State of California. S:\Villiage of Ilope\150290-0000_Parking Expansion Area\Exhibits\2015-08-04 - Exhibits\Landscape easement\LEGAL FOR GRANT DEED.doc QUITCLAIM DEED ATTACHMENT C LEGAL DESCRIPTION MAP FOR LANDSCAPE AND SIGNAGE EASEMENT _RED HILL _AVENUE 540'37'39"W ---TO WATKINS AVE. P.O.C. BASIS OF BEARINGS TP.O.B. o 0 N O Ent L16 m to WE AVID EVANS AND ASSOCIATES INC. 4200 Concours, Suite 150 Ontario California 91764 (909)481-5750 FAx:(909)481 EXHIBIT JIB JJ BENTLEY PLS NO. I L 1 JOB Na L 1 4 L 1 2 3 DEp N 0 15 30 60 70 JCBE CITY OF TUSTIN 1 INCH = 60 FEET C99 11/09/15 SCALE. 1'=60' STATE OF CALIFORNIA 42 34.44E R _ I D SEE SHEET 2 FOR C3 rn I LINE AND CURVE TABLE S�p LEGEND I J D I ® LIMITS OF EASEMENT , 1m P.O.C. POINT OF COMMENCEMENT r CP I I T.P.O.B. TRUE POINT OF BEGINNING �� C5 (R) RADIAL s� I L6 I AREA = 10,974 S.F. 0 RS 97-1015 R.S.B. 165/31-39 ^ /� �� Ipr, 100 LANG f ` 7 J L8 �) F I F �``'�� 0 L9 Exp. 12/31/16 * No. 7223 na\! WE AVID EVANS AND ASSOCIATES INC. 4200 Concours, Suite 150 Ontario California 91764 (909)481-5750 FAx:(909)481 EXHIBIT JIB JJ BENTLEY PLS NO. 1 OF 2 LANDSCAPE JOB Na DEp EASEMENT DRAWNMDgyY-D : JCBE CITY OF TUSTIN DATE: COUNTY OF ORANGE 11/09/15 SCALE. 1'=60' STATE OF CALIFORNIA "IrAVID EVANS ANDASSOCIATES INC - 4200 Contours, Suite 150 Ontario California 91764 9)481-5750 FAX:(909)481 LINE DATA LINEI BEARING DISTANCE L1 S4O'39'53"W 52.00' L2 S49'2OV"E 3.18' L3 S31'O6'57"E 31.73' L4 S43'49'53"E 61.09' L5 S57'59'O7"E 36:66' L6 S43'49'50"E 9.46' L7 SO2'51'08"E 23.41' L8 S47'1 9'39"E 11.70' L9 S4O'29'44"W 47.00' L10 N49'1 9'54"W 18.37' 111 N49'19'02"W 252.89' 112 540'405 8"W 25.00' L13 S49'19'02"E 2.50' L14 S4O'40'58"W 20.21' L151 N49'19'54"W 29.46' Ll 61 N4O'37'39"E 59.06' L17 N85'37'19"E 36.79' "IrAVID EVANS ANDASSOCIATES INC - 4200 Contours, Suite 150 Ontario California 91764 9)481-5750 FAX:(909)481 EXHIBIT „B„ LANDSCAPE EASEMENT CITY OF TUSTIN COUNTY OF ORANGE STATE OF CALIFORNIA 20F 2 XSE NO CURVE DATA CURVE DELTA LENGTH RADIUS Cl 01'54'51" 45.04' 1348.04 C2 16'18'19" 11.95' 42.00 C3 12'42'56" 12.87' 58.00 C4 14'09'14" 14.33' 58.00 C5 14'09' 17" 10.38' 42.00 C6 02'32'29" 64.40' 1452.00 C7 67'58'42" 17.20' 14.50 C8 78'19'57" 62.21' 45.50 C9 90'00'00" 3.93' 2.50 EXHIBIT „B„ LANDSCAPE EASEMENT CITY OF TUSTIN COUNTY OF ORANGE STATE OF CALIFORNIA 20F 2 XSE NO