Loading...
HomeMy WebLinkAbout14 ACQUISITION PROP'S 05-19-03AGENDA REPORT Agenda Item 14 Reviewed: City Manager ~V~~' Finance Director ~)_~~ MEETING DATE: MAY 19, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCELS APN 430-251-001, 430-251--' 002, 430-251-003, 430-251-007, 430-251-008, 430-251-006, AND 430- 251-011 FOR PHASE 1 OF THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (ClP NO. 7130) SUMMARY The proposed resolution will authorize Legal Counsel to acquire property by condemnation needed for the construction of Phase I of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project CIP No. 7130). In order to construct this project, partial acquisition of certain properties is required. Negotiations with the owners of the subject parcels have reached an impasse and in order to acquire the needed property in a timely manner the Resolution of Necessity needs to be adopted. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 03-62 by a four-fifths (4/5) vote authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation, certain real property interests in the City of Tustin, State of California described below and to obtain immediate possession, thereof, for the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project and declaring the public convenience and necessity thereof. The resolution recommended for adoption corresponds to the subject properties as follows: Assessor Parcel Number APN 430-251-001,430-251-002, 430-251-003,430-251-007, and 430-251-008 (Vacant) Owner AAE Pacific Park Associates, LLC Location 15471 + Del Amo Ave. 430-251-006 and 430-251-011 (Developed) AAE Pacific Park Associates, LLC 15171 Del Amo Ave. Approval of a Resolution of Necessity for the Acquisition of Certain Parcels May 19, 2003 Page 2 FISCAL IMPACT Adoption of the Resolution of Necessity will authorize the City to post a deposit of $8,557,300 for right-of-way acquisition of a portion of Assessor Parcel Nos. 430-251-001, 430-251-002, 430-251- 003, 430-251-007, 430-251-008, 430-251-006, and 430-251-011 plus the cost of Legal Counsel for the eminent domain process. The proposed project is currently included in the City's Fiscal Year 2002-03 Capital Improvement Program and will be funded in Fiscal Year 2003-04. BACKGROUND Phase 1 of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project proposes the following improvements: Extension and widening of Newport Avenue south approximately 1,800 lineal feet from Edinger Avenue to Valencia Avenue. The proposed Newport Avenue extension will be a six (6) lane Major Arterial. The proposed features include three (3) lanes in each direction, raised medians, sidewalks, and bike lanes. Extended double left turn lanes and a separate right turn lane to the SR-55 on ramps will be provided. Realignment of Del Amo Avenue to intersect with the SR-55 ramps and Newport Avenue. Del Amo Avenue will also be widened to allow for four (4) lanes and provide an added access route to SR-55. A portion of Del Amo Avenue no longer needed for street purposes will be vacated after the project. The realignment of Del Amo Avenue will also necessitate the relocation of a Southern California Edison 66KY Transmission line that is currently located along Del Amo Avenue. The line is proposed to be undergrounded. Reconstruction of the SR-55 northbound ramps. The current loop ramps at SR-55 and Edinger Avenue will be removed and replaced by hook ramps approximately 1,200 lineal feet south of Edinger Avenue. This configuration offers many advantages including an improved level of service and a reduced weaving pattern on the freeway. A land exchange is planned between Caltrans and the City for the ramp locations. Widening of the north side of Valencia Avenue between Newport Avenue and the existing railroad line to the east. This aspect of the project includes widening to the north side to place the curb line 42 feet from the roadway centerline, with the right-of- way widened to 50 feet from the roadway centerline. The south half-width of Valencia Avenue will remain at 32 feet to the curb line and 40 feet to the right-of-way line until completed with a future project. Construction of a new Edinger Avenue and Newport Avenue intersection and widening of Edinger Avenue around the intersection. Edinger Avenue at Newport Avenue will be lowered approximately three (3) feet to accommodate design requirements for the Newport Avenue extension to the north (Phase II). Approval of a Resolution of Necessity for the Acquisition of Certain Parcels May 19, 2003 Page 3 New signalized intersections will be provided along Newport Avenue at Edinger Avenue, SR-55 ramps/Del Arno Avenue and Valencia Avenue. The existing signalized intersection at Del Amo Avenue/Edinger Avenue will be modified to accommodate the widened roadways. Provision for a future signal at a mid-block commercial driveway on Newport Avenue north and south of the SR-55/Del Amo Avenue intersection will be made. · Landscaping of the freeway right-of-way along the new northbound SR-55 Ramps will be provided. Existing landscaping affected by the project will also be replaced. To facilitate relocation of the existing Johanna-Chestnut and the Johanna-Bryan-lrvine- Steelcase 66 KV transmission line, formation of a utility undergrounding district is proposed. The overhead transmission line which runs within Phase I from the intersection of Del Arno AvenueNalencia Avenue and then north along Del Amo Avenue to Edinger Avenue is proposed to be placed underneath the proposed extension of Newport Avenue. In order to construct the improvements, right-of-way is required from four (4) property owners comprising twelve (12) assessor parcels. Offer letters have been presented to owners of the property interests for all 12 assessor parcels. To date, the City is still negotiating with three (3) property owners for partial acquisitions of five (5) assessor parcels. For Assessor Parcel Nos. 430-251-001,430-251-002, 430-251-003, 430-251- 007, 430-251-008, 430-251-006, and 430-251-011 the City's real property negotiator has reached an impasse with the one property owner holding title to all seven (7) assessor parcels and is not confident that an appropriate settlement can be obtained in a timely manner. A. The public interest and necessity requires the project. The public interest and necessity requires the project for the following reasons: 1. The project will improve traffic circulation by providing additional roadway capacity and will accommodate existing and future local and regional traffic. 2. The project will provide another North-South Arterial within the City and reduce congestion on other City Arterials such as Red Hill Avenue. . Construction of the project will improve levels of service on the State Route 55 Freeway in the vicinity of Edinger Avenue by reducing the weaving pattern and providing a greater separation between freeway ingress and egress at the ramps. 4. Construction of the project will bring Newport Avenue into conformity with the Orange County Master Plan of Arterial Highways. . Construction of the project will bring Newport Avenue, Del Amo Avenue and the SR-55 northbound ramps into conformity with the City of Tustin's Circulation Element of the General Plan. Approval of a Resolution of Necessity for the Acquisition of Certain Parcels May 19, 2003 Page 4 . Construction of the project will bring Newport Avenue and the SR-55 northbound ramps into conformity with the City of Tustin's Growth Management Element of the General Plan. , Construction of the project will bring Newport Avenue, Del Amo Avenue and the SR-55 northbound ramps into conformity with the Pacific Center East Specific Plan (Specific Plan). The evidence supporting the above reasons is found in the record of the approval of the project on May 5, 2003, including all the written and oral testimony presented at that time. The record of that approval is hereby incorporated by this reference. It is recommended based upon the above evidence that the City Council find and determine that the public interest and necessity require the project. B, The proposed project is planned and located in the manner that will be the most compatible with the greatest public good and least private injury. The traffic improvement project is part of the Pacific Center East Specific Plan that was approved by the City Council on December 17, 1990, after approval of Final EIR 90-1. Since then the traffic improvement project design has been refined and the property acquisitions further defined. A Supplement to Final EIR 90-1 was prepared and circulated for comment after an Initial Study showed that only traffic impacts needed to be reevaluated. On May 5, 2003, the City Council and Redevelopment Agency each certified Final EIR 90-1 as revised by Final Supplement #1 as complete in accordance with the California Environmental Quality Act and approved the project. Mitigation Measures identified in Final EIR 90-1 as revised by Final Supplement #1 were incorporated into the project approval to mitigate the physical impacts to the environment to a less than significant level. A statement of Overriding Considerations that describes the project's benefits which override its unavoidable environmental effects to air quality and one intersection was adopted. The record of the approval of the project on May 5, 2003, including certification of the environmental documents and incorporation of mitigation measures, is incorporated herein by this reference. In addition, the City's Engineering Consultant worked closely with the City's Right-of- way Consultant and the property owner to minimize acquisitions. Assessor Parcel Nos. 430-251-006 and 430-251-011 are currently developed with a building at 15171 Del Amo Avenue with concrete tilt-up exterior walls. The building contains a gross building area of approximately 84,000 square feet and was constructed in 1967. It is being used as a warehouse. At the request of the property owner, the proposed intersection of Newport Avenue/State Route 55 Northbound Ramps/Del Amo Avenue for this Project was redesigned to alleviate an encroachment by the roadway improvements into the southwest corner of the existing warehouse building. As a result, the building structure itself at 15171 Del Amo Avenue will not be impacted by the proposed project. Approval of a Resolution of Necessity for the Acquisition of Certain Parcels May 19, 2003 Page 5 It is recommended that, based upon the foregoing, the City Council find and determine that the project is located in the manner that will be most compatible with the greatest public good and the least private injury. C. The subject property interests are necessary for the proposed project. For parcels APN 430-251-001,430-251-002, 430-251-003,430-251-007 and 430-251- 008 (AAE Vacant) and APN 430-251-006 and 430-251-011 (AAE Developed), the construction of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project necessitates acquisition of a portion of each property. All properties are depicted on Exhibit B attached to the Resolution of Necessity. Right- of-way documentation in the form of a legal description is attached as Exhibit A to the Resolution of Necessity. D. Offers were made in compliance with Government Code Section 7267.2. California Code of Civil Procedure Section 1245.230 requires that a Resolution of Necessity contain a declaration that the governing body has found and determined that either the offer required by Section 7267.2 of the California Government Code has been made to the owners of record or that the offer has not been made because the owner cannot be located with reasonable diligence. California Government Code Section 7267.2 requires that an offer be made to the owner or owners of record and in an amount which the agency believes to be just compensation. The amount must not be less than the agency's approved appraisal of the fair market value of the property. In addition, the agency is required to provide the owner (s) with a written statement of, and summary of the basis for, the amount it established as just compensation. City staff and the City Council have taken the following actions as required by California law for the acquisition of the subject property. 1. Obtained appraisals to determine the fair market value of the property. 2. Reviewed and approved each appraisal, and established just compensation in an amount not less than the approved appraisal. 3. Determined the owner of the property by examining the County Assessor's records. 4. Made a written statutory offer to the property owner for the full amount of just compensation, which was not less than the approved appraised amount. Approval of a Resolution of Necessity for the Acquisition of Certain Parcels May 19, 2003 Page 6 E. The property owner was notified of the proposed adoption of the Resolution of Necessity and of the Right to be Heard. California Code of Civil Procedure Section 1245.235 requires that a property owner be provided notice of the proposed adoption of a Resolution of Necessity and of the Right to be Heard. By letters dated April 29, 2003, City staff notified the property owners of these rights. Copies of these letters are attached as Exhibit C. The individual property owner has 15 days to file a request with the City Clerk to speak on May 19, 2003. Staff shall inform the City Council on May 19, 2993 if any such requests were timely filed. Based on the evidence provided above, and testimony received at the hearing, it is recommended that the City Council adopt Resolution No. 03-62 for the subject properties authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property interests as described in this report and in the resolution and to obtain immediate possession, thereof, for the intended purposes and declaring the public convenience and necessity thereof. Tim D. Serlet Director of Public Works/City Engineer Engineering Services Manager TDS:DRK:ccg:Approval of Reso of Necessity acq AP Newport ext.doc Attachments: Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For AAE Pacific Park Associates, LLC 15471 + Del Amo Avenue APN 430-251-001,430-251-002,430-251-003, 430-251-007, and 430-251-008 15171 Del Amo Avenue APN 430-251-006 and 430-251-011 Resolution No. 03-62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (CIP 7130) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of reconfiguring, extending and widening the street system in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 15471+ Del Amo Avenue (APN 430-251-001, 430-251-002, 430-251-003, 430-251-007, and 430-251-008) and located at 15171 Del Amo Avenue (APN 430-251-006 and 430-251-011); and WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and WHEREAS, the real property interests sought to be acquired for the Project consists of seven assessor parcels and is located within the territorial limits of City and is generally located on the west side of Del Amo Avenue between Edinger Avenue and Valencia Avenue and east of the SR-55 Freeway; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and WHEREAS, the Project is planned and located in a manner which will be the most compatible with the greatest public good and least private injury; and WHEREAS, City has established the amounts it believes to be just compensation for the hereinafter described real property interests sought to be acquired; and WHEREAS, pursuant to Government Code section 7267.2, City has offered to the owners of the real property and interests therein the full amount established as just compensation for the real property sought to be acquired; and WHEREAS, City has provided the owners of the real prope~y and interests therein a written statement and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, section 65402 found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on May 5, 2003 the City Council approved Final Environmental Impact Report 90-1 as revised by Final Supplement #1 as adequate for the Project (CIP No. 7130) pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), and approved the Project (adopting findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program), and on May 6, 2003 the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on April 29, 2003 there was mailed a Notice of Hearing on the intent of City Council to Adopt a Resolution of Necessity for acquisition by eminent domain of the real property described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and incorporated herein by this reference. The Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Appendix A, and to the address appearing on the Roll. The Notice of Hearing advised those persons of their right to be heard on the matters referred to therein and as specified in Code of Civil Procedure section 1240.030 on the date and at the time and place stated therein. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, finds, determines and orders as follows: SECTION 1. The above recitations are true. SECTION 2. The May 19, 2003 staff report has been read and considered along with all evidence presented at the hearing. SECTION 3. The hearing set out in the Notice of Hearing was held on May 19, 2003 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. SECTION 4. Based upon the evidence presented, including the staff report and all written and oral evidence presented at the hearing, this City Council by vote of two-thirds or more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of the following: a. The public interest and necessity require the proposed Project. b. The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. c. The property described in Appendix A is necessary for the proposed Project. do The offer required by Government Code section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code section 7267.2(a). SECTION 5. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by City. SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby AUTHORIZED and EMPOWERED: ao To acquire in the name of City, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Eminent Domain Law and the California Constitution; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Co To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of City such proceedings in the proper court as are necessary for such acquisition; do To deposit the probable amount of compensation, based on an appraisal, and to apply to the court for an order permitting City to take immediate possession and use of the property for the public uses and purposes. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 19th day of May 2003. Tracy Wills Worley, Mayor ATTEST: PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 03-62 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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 was passed and adopted at a regular meeting of the City Council held on the day of , 200_, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao B, Co D, Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 102052-1 (AAE Pacific Park) APN 430-251-001,430-251-002, 430-251-003, 430-251-007 and 430-251-008 Legal Description Parcel 102052-1 (AAE Pacific Park) APN 430-251-001,430-251-002,430-251-003, 430-251-007 and 430-251-008 Temporary Construction Easements Legal Description Parcel 102052-1 (AAE Pacific Park) APN 430-251-006 and 430-251-011 Legal Description Parcel 102052-1 (AAE Pacific Park) APN 430-251-006 and 430-251-011 Temporary Construction Easements -5- PSOMAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 102052-1 (AAE PACIFIC PARK) APN 430-251-001,002, 003, 007, 008 THAT PORTION OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF VALENCIA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT AVENUE (18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP F1617-6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF VALENCIA AVENUE SOUTH 49020'06'' EAST 20.900 METERS; THENCE LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE NORTH 40039'54'' EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE, AND THE TRUE POINT OF BEGINNING; THENCE NORTH 58°47'36'' EAST 12.493 METERS; THENCE NORTH 45°31'48" EAST 114.195 METERS; THENCE NORTH 51°14'21'' EAST 15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48045'58'' A DISTANCE OF 80.091 METERS; THENCE SOUTH 79o59'40'' EAST ! 10.354 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°11 '09" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°26'39'' A DISTANCE OF 1.583 METERS; THENCE SOUTH 10°43'32" WEST 22.819 METERS; THENCE S:~2dok0103~reports\legal~aae_rev_parcel.doc Sheet 1 of 6 November 2,2001 LMH:Imh PSOI ,S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SOUTH 10o32'35'' WEST 24.995 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 79°22'11" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°56'20'' A DISTANCE OF 220.094 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 49°11'29" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°04'59" A DISTANCE OF 1.533 METERS; THENCE SOUTH 85°54'23'' WEST 8.867 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 30o48' 13" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10044'58" A DISTANCE OF 1.487 METERS; THENCE NORTH 49°20'06'' WEST 94.976 METERS; THENCE SOUTH 45°12'11" WEST 3.072 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°20'06'' EAST 105.605 METERS; THENCE NORTH 40o39'54'' EAST 3.048 METERS; THENCE SOUTH 49o20'06'' EAST 3.048 METERS; THENCE NORTH 85°39'51" EAST 8.620 METERS TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40°39'12" EAST 159.437 METERS TO THE BEGINNING NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 69o25 '52" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°56'19" A DISTANCE OF 79.938 METERS; THENCE NORTH 10°37'49'' EAST 48.665 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS NORTH 80002'02'' WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 10°34'39"A DISTANCE OF 1.463 METERS; S :~2dok0103~reports\legalXaae_rev_parcel.doc November 2,2001 LMH:Imh Sheet 2 of 6 PSOM,=LS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THENCE NORTH 54024'56'' EAST 8.839 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 01°41 '25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°21'27" A DISTANCE OF 1.294 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 07°39'59'' WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°34'40" A DISTANCE OF 64.646 METERS TO THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN THE INSTRUMENT RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49020'30'' WEST 42.349 METERS TO A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL LINE TO SAID POINT BEARS SOUTH 02°07'06" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7o59'49'' A DISTANCE OF 19.076 METERS: THENCE NORTH 79o53'05'' WEST 7.400 METERS; THENCE NORTH 33o04'58'' WEST 11.320 METERS; THENCE NORTH 10°37'43" EAST 3.189 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTHERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 79°22'11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 1°15'47'' A DISTANCE OF 9.914 METERS TO SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30'' WEST 11.735 METERS TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40039'07'' EAST 22.913 METERS TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS A RADIAL LINE TO SAID POINT BEARS S :X2dok0103~reportsqegalXaae_rev_parcel.doc November 2,2001 LMH:lmh Sheet 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NORTH 74049'37'' WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°03'31" A DISTANCE OF 149.617 METERS; THENCE NORTH 34°55'51'' EAST 10.981 METERS; THENCE NORTH 35037'49" EAST 131.444 METERS TO THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 89057'35'' WEST 26.185 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 56032'28'' WEST 51.424 METERS; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 35037'49" WEST 68.138 METERS; THENCE SOUTH 35000'54'' WEST 10.510 METERS; THENCE NORTH 57°06'17" WEST 3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 55°36'41" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 23045'30" A DISTANCE OF 204.462 METERS; THENCE SOUTH 10°38'45'' WEST 3.951 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 76°16'01" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 15°04' 18" A DISTANCE OF 2.092 METERS; THENCE NORTH 79053'05" WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 110013'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST 84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 42°57'08'' WEST 274.525 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 40°38'55'' WEST 107.046 METERS TO SAID NORTHEASTERLY LINE OF VALENCIA AVENUE; THENCE ALONG SAID S :X2dok0103~reports\legal~aae_rev_parcel.doc November 2,2001 LMH:Imh Sheet 4 of 6 PSOl l S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NORTHEASTERLY LINE SOUTH 49020'06'' EAST 6.878 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 4.007 HECTARES OR 40067.4 SQUARE METERS MORE OR LESS. PARCEL 2 BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER AVENUE (24.384 METERS WIDE) PER PARCEL MAP, FILED IN BOOK 28, PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAD CENTERLINE OF EDINGER AVENUE SOUTH 49020'30" EAST 128.081 METERS; THENCE LEAVING SAID CENTERLINE SOUTH 40°39'30" WEST 19.861 METERS TO A LINE PARALLEL WITH AND 19.861 METERS SOUTHWESTERLY OF SAID CENTERLINE OF EDINGER AVENUE, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680, PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 89°57'35'' EAST 1.911 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 55°03'48'' EAST 30.633 METERS; THENCE SOUTH 49°20'30'' EAST 1.758 METERS TO THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40°39'12'' EAST 0.353 METERS; THENCE SOUTH 49°20'30'' EAST 2.484 METERS; THENCE SOUTH 04°20'30'' EAST 6.571 METERS; THENCE NORTH 49020'30" WEST 40.816 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 0.0012 HECTARES OR 115.1 SQUARE METERS, MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. S :X2dok0103~reports~legalXaae_rev_parcel .doc November 2,2001 LMH:lrnh Sheet 5 of 6 PSOI I S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 9/30/04 S 52dok0103Xreports~legalXaae_rev_parcel.doc November 2,2001 LMH:lmh Sheet 6 of 6 EXHIBIT II B II J 11 18. 286m ri;i Iii III III III I II p~mc£~ ~ III III II II II II il ,1' 14' 21"E 1,5. 331m FOR CONTINUATION SEE SHEET 3 FLECTRIC .b O T 8 0 lPG '56. O.R. (ITE. M'I2PTRe~3017'I) J~ L, 0 C K J 0 ~ R, M, l/aa RIGHT OF WAY FOR IRRIG. PIPE LINES PER BK 6660, PAGE 242, O.R. IITEM '13 PTR"S3OITII) EA,SEMENT AA£ PACIFIC p~ll~ ASSOCIATES ACCEPTE~ LOT 80, 12.493m 549'20'06"E I .'"1~ S49' 20' 06"E ~ ~$TAB AT THE INTERSECTION THE C/L OF NEI~RT PROL~ PER CAL TRAIVS R/l~ MaP fl617-6 Tt~ C/L PRO~ Of' VALE/V/CIA AS ESTAB HEREON. 805. I6~'n (804.970m per' RSB 34/17) 144. 147m ------~ -- VALENCIA AVENUE PORTION OF LOTS 65 AND 80, BLOCK IO, IRVINE'S SUBDIVISION, M.M. 1/88 CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOh4AS Psomos & Associotes-gos¢o Meso 3187 Red Hill Avenue, "250 Costo Mes(~, ColifoFnio 92626 714/751-7373 Engineers Surveyors Pionner~s SHEET I OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 0 /3~/02 JOB NUMBER 2DOKOI03 EXHIBIT II B II 59. ~58m ,,..s- z~. 49,,/\ % ~ ~ 0 0 U Z  ~ ~ ~ TErnARY C~STRUCTt~ ~ . . 1 ~ [ ~ ~ PACIfiC PSl lS~llttS 10.668 u m ~ z -- t /~ F R ELECTRICAL 549 ll'ZR"E ~(~--~ ' . [~ ~SEMENTS FOR ELECTRICAL " I ~ (iTEM ~7 PTR" 9~i7ll) ~ ~ ~-I 6}~1 '- ' ~ o ~ E m 8. 867m ~ S49' 20' 06"E ~ I I ~ T L ...... ~ L - I. 487m . _~ ~ A-; "-"" / 5. 92. ~- ,~ ,~ E ' S41'~]'ll"W RA0 ~ 3 04~ . , . ~, 267m · S49 20 06 E~2.46~ - 805.16~ i8~, 97~ ~r RSB ~4/17) 144. 14Tm ~ 115,62~ .,~ ~ ....... FO S & W 'LS 3246' E FO ~5 ~NT V A L E N C I A A V E N U E - ~'~' -- I 21. 336m P£~ 6~uNrr OF ORING£ ACCEPTEO AS ~L INL ~ PORTION OF LOTS 6,5 AND 80, BLOCK I0, IRVlNE'S SUBDIVISION, M.M. 1/88 CLIENT NAME: CiTY OF TUSTIN ADDRESS: PSOMAS Psomos & Associates-Costa Meso 3187 Red Hill Avenue, "2,50 Costa Mesa, California 92626 714/751-7373 Engineers Surveyors Planners SHEET 2 OF 7 SCALE NONE DRAFTED LMH CHECKED dLE DATE 0 /31/02 ,JOB NUMBER 2DOKO 103 0 W Z EXHIBIT II B II FOR CONTINUATION SEE SHEET 5 w II II II II II II II II II II II II II II II \ TEMPORARY CONSTRUCTION L · 15' $1~ P~CI[L I LOT 80 BLOGK JO I RV J NE ' S SUBD J V I $ I ON PO 47. O.R. IITEM=IO PTR.8301711) II II II / II / IIII // IIII / 111 / III L/ I~J~ IlJ I / ~o,~_ III // Ill : I~ I B,~ / III ~,lflf ~ / ~ II II / (iTEM .15 PTR*SaOI?I I) /J~J / / '1" I'" .I ~1 II II I . II I I I I I I AN EASE~NT F~ ELECTRIC L I ES ~~ ~ TO ~ CAL EDISON PER BK 1169 I ,11 II ~ I ~NSI" 14'21"E i Il'ii I ~ ,~.33,~ FOR CONTINUATION SEE SHEET 1 EASEMENT Z c=) PORTION OF LOTS 65 AND 80, BLOCK I0, IRVlNE'S SUBDIVISION, M.M. 1/88 iCLIENT NAME: CITY OF TUSTIN ADDRESS: PSOMAS P$omos & Associates-CosCa Meso 3187 Red HTII Avenue, #250 Cos¢o Meso, Colifornio 92626 714/75t-7373 Engfneers Surveyors Plonners SHEET 3 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOI03 w W Z EXHIBIT II B II FOR CONTINUATION SEE SHEET ~ PACIFIC PARK AS~(]ClAT£S N54' 24' 56"~1 ~- ~. ~ ~9~ t~"~ ~D / ~ \ \ \ TEMPORARY EASEMENT S49'20°30"E \ 100.715m 53. e3?m I'LL2:JT..LA~'LR&D.~. / ~ PACIFIC P~l AS~IAT[S ~ PARCEL I x FOR CONTINUATION SEE SHEET 2 ~ $68°02, I2"E RAD 42.8ggm 569'2.2' 5_.;"_.; R__AD PORTION OF LOTS 65 AND 80, BLOCK IO, IRVINE'S SUBDIVISION, M.M. 1/88 CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOMAS Psomoe & Associates-Costa Mesa 3187 Red Hill Avenue, "250 Costa Mesa, California 92626 714/751-7373 EnQineers Surveyors Planners W CD W SHEET 4 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/3t/02 JOB NUMBER 2DOKOI03 EXHIBIT II a II CD Ld II 11 FOR CONTINUATION 'SEE SHEET 7 ' / RAO . g// iII ~ I ~ 1111 ~ ! *At I~&ClFIC I)&RK ASSOClAT£S ~ I ' ~ EXCLUSIVE EASE~NT ~0 RIGHT OF ~AY F~ ~ IRRIO. PIPE LINES PER ~ BK ~680. PAGE 242. O.R. ~ / (ITEM el~ PTRI~OI71 I) ~ 1~ ~ ._~ S~'L r t I~ LOt 65, ~Z le ~ / IRVI~'S S~IVISI~, W I/~. iI ~ SO CAL EDISON PER BK 6681PG 4m7, O.R. (ITEM -15 PTRe6SOI711) L DT .~,'SS'S,"E.~ IO. SSlm _._ LOT 65 \ P~M~.,EL I ~' ~ J R V I N E ' S O U ~ D I V I S I D N\\ C~STRUCT I~ ~ FOR CONTINUATION SEE SHEET z PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, M.M. 1/88 CLIENT NAME: CITY OF TUSTIN ,ADDRESS: PSOMAS Psomos & Associates-Costa Mesa 3187 Red Hill Avenue, "250 Costa Mesa, California 92626 714/751-7~73 Engineers Surveyors PlonneFs SHEET 5 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOI03 EXHIBIT II B II I I Z W ~ z Z ~ P~L I z '-~ CDZ r~ Z 6.096m MOST WESTERN COR. INST. NOo 199l~0600611,OoR. EDISON PER BK 9581. PG 45, O.i. ~ (ITEM "18 PTRe8301711) ~ -- AA£ PACIFIC PARK ASSO~IAT£S (,~';~ 4~o-,s,-o,, ) I0. S43' 22' 32"E RAD. PACIFIC PA~ ASSOCJA?£$ ~P# NO. 430-Z$0-01l ~ N74' 49' 37"W RAD DOD NO. J452 BK 8J68/733 D,Ro _S I I~' 3,_0' 49"E RAO ~s, i~' 3~oo 4._3"_.E R~D SI 1'41'SI"E EASEMENT Y L life PrL SI6': PACIFIC PAtaK ASSOCIATES RAD A-O4' L-14.63~ SI 1'54'4l"E RAD 549' 20' 30"E 4Z. 34~ PACIFIC P~K AS~IATES PARCEL I I I. 32om FOR CONTINUATION SEE SHEET 4 / / / LLI Z W Ld PORTION OF LOTS 65 AND 80, BLOCK IO, IRVINE'S SUBDIVISION, M.M. 1/88 CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOMA$ Psomes & Associates-Costa Mesa 3187 Red Hill Avenue, =250 Costa Mesa, California 92626 714/751-7373 Engineers Surveyors SHEET 6 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOI03 EXHIBIT II B II lj s4g' 20' ]O'E 804. 858m -- 128.081m - PARC£L ~P ~ N4g° 20' 30"W 57. 224m &'20' O"t' 20~ / L'2. 776 S04' O8'Ol"E ~ TO ~ CAL [Ol~ PER BK 1163 PO 326, O.R. (ITEMell PTReS~OITII} AN EASEMENT Fffi ELECTRIC L ~Ii~TO SO CAL EO~ PER eR ~69 ~ ~PO 47, O,R. (ITEMelO PTRa8301711) FOR CONTINUATION SEE SHEET 5 / / I I / ~ / * /~ EXCLUSIVE EASE~NT RIGHT OF WAY F~ ~ IRRIG. PiPE LINES PER BK 6880, PAGE 242, O.R. (ITEM mi] PTRe9301711) TEffiARY CffiSTRUCT I~ EAS~N? PARCEL 2 2. 484m Aa N40'39' 12"E O. 353m I Bz S04' 20' 30"E 6.5T m EASEMENT ~ AAE PACIFIC PARK ASSOCIATES I DETAI L A I TEMPORARY CONSTRUCT ION ~-~ PARCEL N34' 55' 5 PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, M.M. 1/88 CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOMAS P$omas & Associote$~Cos¢o Meso 3187 Red Hill Avenue, "250 Costo Meso, 6oIiforni~ 92626 714/751-7373 Engineers Surveyors Plonners SHEET 7 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOIO3 PSOlgAS 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT 'A' LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENTS APN 430-251-001,002, 003, 007, 008 THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR THE PURPOSE OF THIS DESCRIPTION THE FOLLOWING CONTROL LINE IS HEREBY ESTABLISHED: CONTROL LINE "A" BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF VALENCIA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT AVENUE (18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP F1617-6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF VALENCIA AVENUE SOUTH 49020'06" EAST 20.900 METERS; THENCE LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE NORTH 40039'54" EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE, AND THE TRUE POINT OF BEGINNING; THENCE NORTH 58047'36" EAST 12.493 METERS; THENCE NORTH 45°31'48" EAST 114.195 METERS; THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48045'58" A DISTANCE OF 80.091 METERS; THENCE SOUTH 79°59'40'' EAST 110.354 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF S:X,2dok0103Xreports\legalXaae rev TCE.doc Sheet 1 of 13 April 29, 2003 LMH:lmh PSOI AS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°11'09" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °26'39" A DISTANCE OF 1.583 METERS; THENCE SOUTH 10o43'32" WEST 22.819 METERS; THENCE SOUTH 10032'35" WEST 24.995 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 79o22, 11" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15023'49" A DISTANCE OF 113.190 METERS TO A POINT HEREIN AFTER DESCRIBED AS POINT "A"; THENCE ALONG SAID CURVE 14°32'31" A DISTANCE OF 106.904 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 49°11'29" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11004'59" A DISTANCE OF 1.533 METERS; THENCE SOUTH 85o54'23" WEST 8.867 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 30o48, 13" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10o44'58" A DISTANCE OF 1.487 METERS; THENCE NORTH 49°20'06'' WEST 94.976 METERS; THENCE SOUTH 45o12, 11" WEST 3.072 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49o20'06" EAST 105.605 METERS; THENCE NORTH 40o39'54" EAST 3.048 METERS; THENCE SOUTH 49°20'06'' EAST 3.048 METERS; THENCE NORTH 85°39'51" EAST 8.620 METERS TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40o39, 12" EAST 159.437 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "B", SAID POINT ALSO BEING ON A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS S:~2dok0103~reports~legal~ae_rev_TCE.doc May 9, 2002 LMH:lmh Sheet 2 of 13 PSOMAS 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SOUTH 69°25'52'' EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°13'10'' A DISTANCE OF 41.979 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "C"; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4043'09" A DISTANCE OF 37.959 METERS; THENCE NORTH 10037'49" EAST 48.665 METERS TO THE BEGINNING OFA NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS NORTH 80002'02" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 10o34' 39"A DISTANCE OF 1.463 METERS; THENCE NORTH 54024'56" EAST 8.839 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 01°41'25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9021'27" A DISTANCE OF 1.294 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "D", SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 07039'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19034'40" A DISTANCE OF 64.646 METERS TO THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN THE INSTRUMENT RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49020'30'' WEST 42.349 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "E", SAID POINT ALSO BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL LINE TO SAID POINT BEARS SOUTH 02007'06" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°59'49'' A DISTANCE OF 19.076 METERS: THENCE NORTH 79°53'05'' WEST 7.400 METERS; THENCE NORTH 33004'58'' WEST 11.320 METERS; THENCE NORTH 10037'43" EAST 3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTHERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE S:~dok0103~'eports~legal~ae rev TCE.doc May 9, 2002 LMH:lmh Sheet 3 of 13 PSOI IAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TO SAID CURVE BEARS NORTH 79022, 11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 1 °15'47" A DISTANCE OF 9.914 METERS TO SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49020'30" WEST 11.735 METERS TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40°39'07'' EAST 22.913 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "F", SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 449.797 METERS A RADIAL LINE TO SAID POINT BEARS NORTH 74049'37" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°22'19" A DISTANCE OF 128.526 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "G"; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°41' 11" A DISTANCE OF 21.091 METERS; THENCE NORTH 34055' 5 l" EAST 10.981 METERS; THENCE NORTH 35037'49" EAST 131.444 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "H", SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 89057'35" WEST 26.185 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 56032'28" WEST 51.424 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT 'T'; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 35037'49" WEST 68.138 METERS; THENCE SOUTH 35000'54" WEST 10.5 l0 METERS; THENCE NORTH 57°06'17" WEST 3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 55036'41" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 0°16' 17'' A DISTANCE OF 2.335 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "J"; THENCE S :~2dok0103~eports~legal~aae_rev_TCE.doc May 9, 2002 LMH:Imh Sheet 4 of 13 PSOIVlAS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°29' 13" A DISTANCE OF 202.127 METERS; THENCE SOUTH 10o38'45" WEST 3.951 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 76°16'01'' EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 15°04'18'"A DISTANCE OF 2.092 METERS; THENCE NORTH 79°53'05'' WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 110°13'03'' A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST 84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 42o57'08'' WEST 274.525 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 40°38'55'' WEST 107.046 METERS TO SAID NORTHEASTERLY LINE OF VALENCIA AVENUE; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°20'06'' EAST 6.878 METERS TO THE TRUE POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT 1 A STRIP OF LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE, IN THE DIRECTION OF TRAVEL: BEGINNING AT THE AFOREMENTIONED TRUE POINT OF BEGINNING; THENCE NORTH 58°47'56'' EAST 12.493 METERS; THENCE NORTH 45031'48" EAST 114.195 METERS; THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY $:L2dok0103~reportsklegal~aae_rev_TCE.doc May 9, 2002 LMH:Imh Sheet 5 of 13 PSOI AS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48045'58" A DISTANCE OF 80.091 METERS; THENCE SOUTH 79059'40" EAST 110.354 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°11'09" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11026'39" A DISTANCE OF 1.583 METERS; THENCE SOUTH 10043'32" WEST 22.819 METERS; THENCE SOUTH 10032'35" WEST 24.995 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 79°22' 11" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29056'20" A DISTANCE OF 220.094 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 49°11'29" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °04'59" A DISTANCE OF 1.533 METERS; THENCE SOUTH 85054'23" WEST 8.867 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 30048, 13" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10044'58" A DISTANCE OF 1.487 METERS; THENCE ON A NON- TANGENT LINE NORTH 49020'06" WEST 5.000 METERS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SOUTHERLY SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE. TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED THE LINE: S:k2dok0103Lreports~legal~aae rev .TCE.doc May 9, 2002 LMH:Imh Sheet 6 of 13 PSOblAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "A": THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 63058'22" EAST THROUGH A CENTRAL ANGLE OF 3003, 19" A DISTANCE OF 22.46 ! METERS. EXCEPT THAT PORTION WITHIN THE 5.000 METER STRIP DESCRIBED ABOVE. TEMPORARY CONSTRUCTION EASEMENT 2 A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "B", SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 69°25'52" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9056, 19" A DISTANCE OF 79.938 METERS; THENCE NORTH 10037'49" EAST 48.665 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS NORTH 80°02'02'' WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 10°34'39"A DISTANCE OF 1.463 METERS; THENCE NORTH 54024'56" EAST 8.839 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 01041'25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°2 !'27" A DISTANCE OF 1.294 METERS. THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTEND SO AS TO TERMINATE SOUTHWESTERLY ON THE NORTHWESTERLY LINE OF SAID DEL AMO AVENUE. S :k2dok0103~reports~legalkaae_rev_TCE.doc May 9, 2002 LMH:lmh Sheet 7 of 13 PSOM S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "C" SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID POINT BEARS NORTH 74039'02" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°21 '21" A DISTANCE OF 18.948 METERS. TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "D" SAID POINT AI_~O BEING THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 07°39'59'' WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°00'33'' A DISTANCE OF 79.279 METERS TO SAID NORTHWESTERLY LINE OF SAID DEL AMO AVENUE; THE SIDELINES OF SAD sTRIP WILL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAD DEL AMO AVENUE, AND SOUTHWESTERLY PROLONGED TO A LINE THAT IS PARALLEL WiTH AND 5.000 METERS SOUTHEASTERLY OF THAT CERTAIN COURSE DESCRIBED ABOVE, SAID COURSE HAVING A BEARING OF NORTH 10037'49" EAST AND A DISTANCE OF 48.665 METERS. EXCEPT THAT PORTION WITHIN THE 5.000-METER STRIP DESCRIBED ABOVE. S:~2dok0103~eports~legal~aae rev TCE.doc May 9, 2002 LMH:lmh Sheet 8 of 13 PSOI IAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TEMPORARY CONSTRUCTION EASEMENT 3 A STRIP OF LAND 5.000 METERS WIDE LYING NORTHERLY, NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "E", SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7059'49" A DISTANCE OF 19.076 METERS: THENCE NORTH 79°53'05'' WEST 7.400 METERS; THENCE NORTH 33°04'58" WEST 11.320 METERS; THENCE NORTH 10°37'43" EAST 3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 79022' 11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 1°15'47'' A DISTANCE OF 9.914 METERS. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN THE INSTRUMENT RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS OF SAID COUNTY. TEMPORARY CONSTRUCTION EASEMENT 4 A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "F", SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS RADIAL BEARING; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°03'30'' A DISTANCE OF S:Y2dok0103~eports~legal~aae rev TCE.doc May 9, 2002 LMH:Imh Sheet 9 of 13 P$O S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 149.616 METERS; THENCE ON A NON-TANGENT LINE NORTH 34°55'51'' EAST 10.981 METERS; THENCE NORTH 35°37'49'' EAST 131.444 METERS. THE SIDELINES OF SAID STRIPS SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY AND SOUTHERLY ON THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404 PAGE 168 OF OFFICIAL RECORDS, IN SAID COUNTY. TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "G", SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°41' 11" A DISTANCE OF 21.091 METERS. EXCEPT THAT PORTION WITH IN THE 5.000-METER STRIP DESCRIBED ABOVE. TEMPORARY CONSTRUCTION EASEMENT 5 A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "H" SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE S:~dok0103XreportsXlegahaae rev TCE.doc May 9, 2002 LMH:Imh Sheet 10 of 13 PSOI IAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NORTH 89057'35'' EAST 18.134 METERS TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 49020'30" EAST 39.782 METERS TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY. SIDELINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AND SOUTHEASTERLY ON SAID SOUTHEASTERLY LINE. TEMPORARY CONSTRUCTION EASEMENT 6 A STRIP OF LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE, IN THE DIRECTION OF TRAVEL: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT 'T', SAID POINT ALSO BEING ON SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 35°37'49'' WEST 68.138 METERS; THENCE SOUTH 35000'54" WEST 10.510 METERS; THENCE NORTH 57°06'17" WEST 3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 55°36'41" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 23°45'30'' A DISTANCE OF 204.462 METERS; THENCE SOUTH 10038'45'' WEST 3.951 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 76°16'01" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 15°04'18" A DISTANCE OF S :~dok0103~reports~legal~aae_rev_TCE.doc May 9, 2002 LMH:lmh Sheet 11 of 13 PSOl AS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2.092 METERS; THENCE NORTH 79053'05'' WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 110013'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST 84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY ON SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA. TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "J", SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 55052'58" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20020'51" A DISTANCE OF 20.202 METERS. EXCEPT THAT PORTION WITHIN THE 5.000 METER STRIP DESCRIBED ABOVE. SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. S 52dok0103Xreports~legalXaae_rev_TCE.doc May 9, 2002 LMH:Imh Sheet 12 of 13 PSOMAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 09/30/04 D^~E ' S:L2dok0103Lreports~iegal~ae rev TCE.doc May 9, 2002 LMH:lmh Sheet 13 of 13 EXHIBIT "B" I ltl · 3.048m 18.2~8m POB/ r N§I* 14'21"E 15.331m I CONTROL I LINE "A' EASEM LIN! ITO SO CAL EDISON PElt PC 158. O.R. (ITEMo12 PTRoDSOITll) I R V I NE ' S RIGHT OF WAY FOR IRRIG. PIPE LINES PER 6880. PA~E ~4~, O.R. (ITEM *13 PTR*8301711) TEMPORARY CONSTRU~I~ EASEMENT FOR CONTINUATION SEE SHEET 3 CONTROL LINE "A" 47'36"E 12.428m 549'20'Ofl"E LOT BO BLODK lo SUBDIVISION M, l/aa TPOB I -~1, --- · I I I I ~A~AN~ ~W MAP fl~l~-~ AND ~ffg C/Z PROD O~ VALffNlgIA A YE. AS g~AB AAS PACIFIC PARK AHSOCIATL*q (AP# NO. 4qO-etcX-OOl ) g.S~AB C/;. OP VALRNCIA A V~NUN FROM FOUND MONUMNNTATION. ACCNPTND A~ THE ffW%Y LINN O~ 134.341m 805.162m (DO4.gTOm per RSB 34/17) 144.147m I ~ _ __ VALENCIA AVENUE i,I Li_I Z 0 I-- --~ Z Z 0 PORTION OF LOTS 65 AND 80, BLOCK IO, IRVINE'S SUBDIVISION, M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME:CITY OF TUSTIN ADDRESS: Psomos & Associates-Costa Mesa 3187 Red Hill Avenue, '2,50 Costa Mesa, California 92626 714/751-7.575 Engineers Surveyors Planners SHEET 1 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKO103 EXHIBIT "B" FOR CONTINUAT!ON SEE SHEET 4 ~-6' 35'36" 1--63J?3m A-150 83'4r L-l13.190m PT "A" 6.096m .se._3-_.~e-;t"[ R~D _ U 02052-1 03'19" l,-EO.84,1m NOD' 55'03"W V 21.330m L~ Z LLJ ~ PURPOS[S TO SO CAL EDI50~ , . ~=_ t ~ ~. e~ ,-~ e~ .3, o... ~ ~:~'~,~., ~ ~. ~134.3~lm ~ BE.396m 8Dm 5 ~'Oe"~ , ~=~ ~ ' (1~-1 ~ I ~[ 805.162~8~4~m per RSB 34/~7) I ~ ~ ' s49.~o'oe"x .4ee~ ~ ...... / J ~l ~/ ~ 524.,70m ~ s · ~ '~ .... / ~ ~p oc~ ~o~uux~ .e~o V A L E N C I A A V E N U E ~""' PER ~ O~ 0~ aCCgP~O ~ C/$ i~ O~ VAL~HC/A & ~D HIL~ A VR. PORTION OF LOTS 6:.5 AND 80, BLOCK IO, IRVINE'S SUBDIVISION, M.M. '1/88 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME:CITY OF TUSTIN ADDRESS: PSOMAS Psomas & Associotes-Costo kteso .%187 Red Hill Avenue, '250 Costo Meso, Colifornio 92626 714/751-737.3 Engineers Surveyors PIonners SHEET 2 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOK0103 EXHIBIT "B" 0 I:1. LLI Z II II I II I II I II II II II I II I II II II II  .1 FOR CONTINUATION SEE SHEET 5 ' TEMPOrArY CON~TRUCTI~ . ~ ~ EASEMENT _ ........ _ < ,- II I I II II II I I I I LOT 8 0 B L D DK I 0 J R V J NE ' S SUB D I V I S I D N I III III I I il ~ TOSOCALEDISON PERBK 1189 -- PG. 47, O.R. IITEM*IO PTR*8301711) II I~ I I I J t I I //// /~ ~ ~ // TO 80 CAL EDISON PER m BK 868~ PG 487. O.R. I I PER BK 1169 j PG 158, O.K. (ITEM*1~ PTR°B301711) I ~ I I / / / ./ / / / / / EASEMENT FOR CONTINUATION SEE SHEET 1 Z Z z PORTION OF LOTS 65 AND 80, BLOCK 10,1RVINE'S SUBDIVISION, M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME:CITY OF TUSTIN ADDRESS: PSOMAS Psomos & Associotes-Costo Meso 3187 Red Hill Avenue. '250 Costo Meso, Colifornie 92626 714/751-7373 Engineers Surveyors Planners SHEET .3 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01131/02 JOB NUMBER 2DOK0103 EXHIBIT "B"  ~, R.493.079m '* .,~.\~ L-204.482m I I ~-~CONSTRUCTIOF't I \ I ,'--- . EASEMENT \ / \~ IS10'38'45"v I ~-~3-,s'33"/Y \& ~ 3.o5~= I R-?.O52m A-lO* 04'!8' \ / ./- ~, %v- =_..; CONTROL L E "l" LJ_I FOR CONTINUATION SEE SHEET 6 /~' / / AAE PACIFIC PAR]( AStOrIA?KS (-APN NO. 400-nt-O0~ J / / / Nog* II'09"E RAD CONTROL LINE \ NTT' 00'23"W RAD._D// \ -- \ A-2' 21'21" \ L-la. O48m \ \ , [ TEMPORAR¥ CONSTRUCTION 0% EASEMENT S49'20'30"E CONSTRUCTI~] 53.837m AAE PACIFIC PARK ASSOCIATE3 ~APN NO. 4~O-eSl'-OOS ~ PARCEL J N?40 39'02"V PT "C" \ 100.715m FOR CONTINUATION SEE SHEET 2 S68- Oe'Ie"E__RA_p_ -- 42.899m S69' 2§'62"E RAD~/' PT "B" PORTION OF LOTS 65 AND 80, BLOCK 10,1RVINE'S SUBDIVISION, M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME:CITY OF TUSTIN ADDRESS: PSOMAS Psomos & Assoclotes-Costo Mesa 3187 Red HillAvenue, '250 Costa Mesa, California 92626 714/751-7373 Engineers Surveyors Planners SHEET 4 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOK0103 EXHIBIT "B" "I I 1'', FOR CONTINUATION /L/.~"."~:,,..,4,',_/ ~l ' ~ ' ~. / ~'~-~= / I I1~ ~PT "J" A"A' ~ %~'~.~ ; --, zTM · ~ ,,.~,~'~, ~ ..... ~ . ~ ~ ~ [ ~ ~, ~,, ', ~ _~ ', , ~ ,1~ ,~ ., /, ~. ~. ~. ~ /, I ~ I~ i . ~ ~ ~ L AND RIGHT OF ~AY FOR ~ ~ ~ s L I , I ~ I I ',~ ~~ .... :'--F~ CONTINUATION SEE SHEET 3 I ~ : '1," PORTION OF LOTS 65 AND 80, BLOCK 10, IRVINE'S CLIDNT NAME:CITY Or TUSTI~ SHEET 5 OF 7 SUBDIVISION, M.M. 1/88 SCALE NONE TEMPORARY CONSTRUCTION EASEMENTS DRAFTED ~~S CHECKED JLE ~ R.d Hi,~e.~.,"2SO DATE 0~/~1/0~ Costo ~sa, Colifornio 92626 714~7S1-7373 Engineers . Surv~o~s dOB Plonn~rs NUMBER EXHIBIT II B II 6.096m AAE PACIFIC PARK ASSOCIATES '~ ~ I~/ mi ' ~ ~ I ~ ~ Q~ TErnARY C~STRUCTI~ ~ x I ~ / I- EASE~NT ', Z ~74~9' ]7"W RAD ~ / Z PT "F" G. Og6m MOST WESTERN INST. NO. 1998060061 I.O. EASEMENT TO SO CAL'~ EDISON PER BK 9581, PG 45, O.R. (ITEM '18 PTRe8301711) SI 1'30'49"E RAO ~,-4' 32'$4" EASEMENT S40' 39' 12"W<~-~ I0. 123m~ ,.~.51 I' ~0' ,4*~"E RAO $11'41 '51"E I. 20011 L-64. 646m 1 / / &SSOCI&TrS ( ~ NO. 4]O-Z51-00? ) 7, 400m I I. 32om FOR CONTINUATION SEE SHEET 4 _J w PORTION OF LOTS 65 AND 80, BLOCK IO, IRVlNE'S SUBDIVISION, M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOMAS Psomos & Associates-Costa Mesa 3187 Red HillAvenue,"250 Costa Mesa. California 92626 714/751-7373 Engineers Surveyors Planners SHEET 6 OF 7 SCALE NONE DRAFTED LMH CHECKED dLE DATE 01/31/02 dOB NUMBER 2DOKOI03 EXHIBIT II B II W Z W I I I I I S4~' 80'80" ~D ~ AN EASEMENT FOIl ELECTRIC L[NES  ;~"TO SO CAL EDISON PER BK 1183  PG 326. O.N. (ITEM'I1 PTR'8301711) !~ F I 6 I 8 - 2 18.2fiBre I 4 II~ 0.14 m '~ ~ 'I FOR CONTINUATION {l{~ E-T.O30m A-20' 03'20" 804.8~ 1~8.081m AVENUE TPOB PARCEL EASE. CONSTRUL'"rI~] TEMPORARY S49020'30"E 40. RlOm PT "H" L-2,778 T.ISSm ~-13' O~'O7" L-l. BOGm / / I I I I I I I / I I I :XCLUSIVE IRRIG. PIPE LINES PER BI(: 6650. PAGE ~42. O.R. ~ I (ITEM °13 PTReSSOITll) PT "I"  I ~ EASEMENT //~:'// ~/~ ~ , N34' 55'51"E 10,510m lilt,I / / / / { AAE PACIP[C PASK ABOOClATE3 I I I I I I I I I I I I ' I I I I I I I PORTION OF LOTS 65 AND 80, BLOCK 10,1RVINE'S SUBDIVISION, M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME:CITY OF TUSTIN ADDRESS: PSOMAS Psomos & Associates-Costa Mesa 3187 Red Hill Avenue, '250 Costo Mesa, California 92626 714/751-7.373 Engineers Surveyors Planners SHEET 7 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKO103 PSO S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT ' A' LEGAL DESCRn'TION PARCEL 102052-1 (AAE ?AC~IC PARK) APN 430-251-006, 011 THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40°39'07" EAST 22.913 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS NORTH 74o49'37" WEST; THENCE SOUTHERLY ALONG SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF 3°16'48" TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49o20'30" WEST 11.735 METERS TO THE POINT OF BEGINNING. CONTAINING 131.3 SQUARE METERS OR 0.013 HECTARES, MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. F:ksurveysk2dok0103~reports\legalXaae_new_parcels.doc Sheet 1 of 3 March 26, 2003 LMH:Imh PSOMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 PARCEL 2 BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 49020'30" EAST 51.138 METERS TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 49°20'30'' EAST 42.349 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 1 ! °54'41" EAST; THENCE EASTERLY ALONG SAID CURVE 14.633 METERS THROUGH A CENTRAL ANGLE OF 4°25'53" TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40o39'12'' EAST 80.745 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 43022'32" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE AND TRAVELLING SOUTHWESTERLY ALONG SAID CURVE 48.234 METERS THROUGH A CENTRAL ANGLE OF 20°13'13"; THENCE NON-TANGENT TO SAID CURVE NORTH 23009'26TM WEST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 135.474 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 23°09'19'' EAST; THENCE WESTERLY ALONG SAID CURVE 27.530 METERS THROUGH A CENTRAL ANGLE OF 1 l°38'35"; THENCE NON-TANGENT TO SAID CURVE SOUTH 11 °41' 51" EAST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF FSsurveysX2dok0103~reports\legalXaae_new_parcels.doc Sheet 2 of 3 March 26, 2003 LMH:Imh PSOMAS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH ! 1°30'49" EAST; THENCE WESTERLY ALONG SAID CURVE 32.518 METERS THROUGH A CENTRAL ANGLE OF 13737'55" TO THE SOUTHWESTELY LINE OF SAID PARCEL 2 AND THE TRUE POINT OF BEGINNING. CONTAINING 1,582.9 SQUARE METERS OR 0.158 HECTARES, MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 9/30/04 DATE F:Xsurveys~.dok0103Xreports\legalXaae_new_parcels.doc Sheet 3 of 3 March 26, 2003 LMH:Imh EXHIBIT "B" ~ S4~ZO 30"r t 00. S3~m ~.8~ [LtCT~C~ I EOl~ PER ~ ~81, S.~ ~ 45, O.R. - I ~ I ~ . ~ >i ; m ~ ,~,,,c,~ .~,.. / ~ I ,,,.,,.,o. /.t~ ~: . ~ ,~' ~ .......... ,,, ,X-1 ~ ' , .,~ ~~:;~~ /~ . . ,,~--,,- ,,.,- ~/ ~~ _5~ ~r~.~-~ ~__ - ..... ,Lo~ ~/ ~'.~ II ~ s*,'~'~c L,,~ ~.~.~,.~ x ~ / ~ --- ............. ~ ' : :;~;t"j, ,'0:~ ~-~- ~x;~.~' · ,.,:. -;.-- ,.',,,. or ,.v,.~'s sueo,v,s,o., c~x o~ ~us~.. cou.~o~ o...~. SHEET I OF I s~ o~ C.L SCALE NONE DR~TED LCM ~ CHECKED WAS · e~ n~ ~,~..~ DATE 07/2~/0~ C~to ~vly~l JOB ~m NUMBER ~DOKOIO~ T~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 102052-1 (AAE PACIFIC PARK) APN 430-251-006, 011 TEMPORARY CONSTRUCTION EASEMENTS THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TEMPORARY CONSTRUCTION EASEMENT 1 BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 49°20'30" EAST 11.735 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 78°06'24" EAST, SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING NORTHERLY ALONG SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF 3°16'47" TO SAID SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40°39'07'' EAST 12.027 METERS; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 16°18'40" WEST 8.338 METERS; THENCE S 52dok0 l'03Xreports\legaBaae_new_parcels_TCE.doc March 26, 2003 LMH:lmh Sheet 1 of 5 PSOMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SOUTH 40o39'07'' WEST 8.962 METERS TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°20'30'' EAST 4.326 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 444.797 METERS, A RADIAL TO SAID CURVE BEARS NORTH 75°46'59'' WEST; THENCE LEAVING SAID NORTHEASTERLY LINE AND TRAVELLING SOUTHERLY ALONG SAID CURVE 20.788 METERS THROUGH A CENTRAL ANGLE OF 2°40'40" TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30'' WEST 5.713 METERS TO TIlE TRUE POINT OF BEGINNING. CONTAINING 142.7 SQUARE METERS OR 0.0143 HECTARES, MORE OR LESS SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. TEMPORARY CONSTRUCTION EASEMENT 2 BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 49020'30'' EAST 42.857 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 131.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 04°56'17" WEST, SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING EASTERLY ALONG SAID CURVE 27.674 METERS THROUGH A CENTRAL ANGLE OF 12°02'30'' TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49020'30'' EAST S:X2dok0103~reports\legal\aae_new_parcels_TCE.doc March 26, 2003 LMH:Imh Sheet 2 of 5 PSOMAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 29 30 31 6.176 METERS; THENCE LEAVING SAD NORTHEASTERLY LINE OF PARCEL 2 NORTH 40°39'12'' EAST 7.319 METERS TO TIlE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 131.674 METERS, A RADIAL TO SAD CURVE BEARS SOUTH 11 °l 6'18" EAST; THENCE EASTERLY ALONG SAD CURVE 73.779 METERS THROUGH A CENTRAL ANGLE OF 32°06'13'' TO A LINE PARALLEL WITH AND 5.000 METERS NORTHWESTERLY OF THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.366 METERS WIDE); THENCE ALONG SAD PARALLEL LINE NORTH 40039' 12" EAST 52.692 METERS; THENCE NORTH 04020'46'' WEST 7.798 METERS; THENCE NORTH 40°39'12'' EAST 14.492.METERS; THENCE SOUTH 49020'30'' EAST 10.487 METERS TO SAD NORTHWESTERLY LINE OF DEL AMO AVENUE; THENCE'ALONG SAD NORTHWESTERLY LINE SOUTH 40°39'12'' WEST 73.217 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL TO SAD BEGINNING OF CURVE BEARS SOUTH 43°22'32'' EAST; THENCE LEAVING SAD NORTHWESTERLY LINE AND TRAVELLING SOUTHWESTERLY ALONG SAD CURVE 4'8..234 METERS THROUGH A CENTRAL ANGLE OF 20°13'13"; THENCE NON-TANGENT TO SAD CURVE NORTH 23009'26'' WEST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 135.474 METERS, A RADIAL TO SAD CURVE BEARS SOUTH 23°09"19'' EAST; THENCE WESTERLY ALONG SAD CURVE 27.530 METERS THROUGH A CENTRAL ANGLE OF 11°38'35"; THENCE NON-TANGENT TO SAD CURVE SOUTH 11°41 '51" EAST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL TO SAD CURVE BEARS SOUTH 11°30'49'' EAST; THENCE WESTERLY ALONG SAD CURVE 32.518 METERS THROUGH A CENTRAL ANGLE OF 13037'55'' TO SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAD SOUTHWESTERLY LINE NORTH 49020'30'' WEST 8.281 METERS TO THE TRUE POINT OF BEGINNING. S:L2dok0103~reports\legalLaae_new_parcels_TCE.doc March 26, 2003 LMH:lmh Sheet 3 of 5 PSOMAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 29 3O 31 CONTAINiNG 951.4 SQUARE METERS OR 0.095 HECTARES MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. TEMPORARY CONSTRUCTION EASEMENT 3 BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 49020'30" EAST 93.487 METERS TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 49020'30" EAST 3.254 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5.182 METERS, A RADIAL TO SAID CURVE BEARS NORTH 40038'04" EAST; THENCE SOUTHERLY ALONG SAID CURVE 8.141 METERS THROUGH A CENTRAL ANGLE OF 90°01 '08" TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE(21.366 METERS WIDE); THENCE ALONG SAID NORTHWESTELRY LINE NORTH 40°39'12" EAST 17.133 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 16020'34" EAST; THENCE WESTERLY ALONG SAID CURVE 14.633 METERS THROUGH A CENTRAL ANGLE OF 4025'53" TO SAID SOUTHWESTERLY LINE OF PARCEL 2 AND THE TRUE POINT OF BEGINNING. CONTAINING 54.8 SQUARE METERS OR 0.005 HECTARES, MORE OR LESS SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. S :X2dok0103~reports\legaBaae_new_parcels_TCE.doc March 26, 2003 LMH:Imh Sheet 4 of 5 PSOMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 9/30/04 DATE S:~2dok0103~reports\legalXaae_new_parcels_TCE.doc March 26, 2003 LMH:lrnh Sheet 5 of 5 EXHIBIT "B" ~ .1_ _ _ ¢',..~.'~-~ - """'"' I I. IL~m KLIrCTRICAL EAS~NT TO ~ &~ PG 45. O.R. - ~ ( ~ m. 4~-~,-o. ) , ~ . ~ ' ~; d I ~ ~' , ~OC ~0. J452 "~ ~11 ' x~l~ ~G ~~ .... ~ ~ I  .... ~; .... .~ _.~ ..~:~ x-z,; . .o..-,.-. ,..,~ · -,,,~ -_ ,, ~ ~ .~~~- ,~_~ / ~ ~ , ...... ,..,. ~.~ - . .... - ~,~ I/ , ....~, ,.,- ....~~ ---~ ~/~ ..... / ~y , ....,,-, ,.,,. E & L DESCR~PT~O., tUOS[ PORTIONS 0¢ LOT SS ~.D LOT SO ~N aLOCK ~0 O. ,.V,.~'S SU~O~V,S,O.. C.~ O. ~US~,.. COU.~O. 0.*.~[. SHEET I OF I S~*T[ O~ C~L~OR.~. SCALE NONE DRAFTED LCM ~ CHECKED WAS ~ ~ ~*'~,"~ DATE 07/2~/02 ~7~- 7313 E~l~er8 ~.~: JOB Public Works / Engineering April 29, 2.003 AAE Pacific Park Associates, LLC cio S & A Properties Mr. Irving M. Chase 129. W. Wilson Street, Suite 100 Costa Mesa, CA 92627-1586 City of Tustin 300 Centennial Way Tustin, CA 92780-3715 (714) 573-3150 FAX (714) 734-8991 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Newport Avenue Extension, State Route 55 Northbound Ramp ReconfiguratiOn, .Valencia Avenue and Del Amo Widening Project (CIP 7130) (the "Project") Property: 15471+ Del Amo Avenue (Vacant Property) Dear Property Owner: 1. Notice of the Intent of Tustin City Council to Adopt a Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on May 19, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Project (CIP 7130). A description of the property being considered for acquisition marked Appendix A accompanies the proposed ResolUtion of Necessity; attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, May 19, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, Tustin, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required bY California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters.and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. AAE Pacific Park Associates, LLC Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 15471+ Del Amo Avenue (Vacant Property) April 29, 2003 Page 2 a. Whether the public interest and necessity require the proposed project; b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest' public good and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the .proposed project.- d. Whether the offer required by Government Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2, subdivisions (a), (b), and (c), a copy of which is attached hereto. e. Whether the City has complied with all conditions and statutory requirements necessary' to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this Notice. Your name appears on the last equalized County of Orange assessment roll and as Owner (in our preliminary title report) of the property required for the proposed project. The statutes that authorize the City to acquire the property by eminent domain for this proposed project are Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions). AAE paCific Park Associates, LLC Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 15471_ Del Amo Avenue (Vacant Property) April 29, 2003 Page 3 3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk within fifteen (15)' days after this Notice was mailed. You must file your request to be heard at Tustin City Hall, 300 Centennial Way, Tustin, California, 9278O-3767. Should you elect to mail your request to the City Clerk, it must be actually received by the City Clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect, not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the property by eminent domain. AAE Pacific Park Associates, LLC Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 15471+ Del Amo Avenue (Vacant Property) April 29, 2003 , Page 4 If the City Council-elects to adopt the Resolution-of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and Mailed on April 29, 2003. William A. Huston, City Manager C: Michael H. Leifer, Esq. Lois E. Jeffrey, City Attorney Attachments (Copy of Government Code section 7267.2, subdivisions (a), (b), and (c)) (Proposed Resolution of Necessity) S:\CIP Projects-Active 7130 Newport Ave. Reconfig~cqV~C,E Eminent Domain 15471 Del Arno.doc GoVernment Code Section 7267.2, subdivisions (a), (b), and (c) (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public 'entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upOn the legislative body's ratification of the offer .by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the proPerty is acquired, Or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration, within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. (b) The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation.. The written statement and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the-determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. '(.c) Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer is based. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-62 A RESOLUTION OF THE CITY. COUNCIL OF THE CITY. OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (CIP 7130) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. The City Council of .the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to Construct the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of reconfiguring, extending and widening the street system in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of'the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 15471_+ Del Amo Avenue (APN 430-251-001,430-251-002, 430-251-003,430-251-007, and 430-251-008; and WHEREAS, City is authorized to .acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth 'herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and WHEREAS, the real property interests sought to be acquired for the Project consists of five assessor parcels and is .located within the territorial limits of City and is generally located on the west side of Del Arno Avenue between Edinger Avenue and Valencia Avenue and east of the SR-55 Freeway; and 9 10 .11 12 13 14 15 16 17 18 19 2O 21 22 23 2,4 25 26 27 28 1 2 3 4 5 6 7 8 WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and WHEREAS, the Project is planned and located in a manner which will be the most compatible with the greatest public good and least private injury; and WHEREAS, City has established the amounts it believes to be just compensation for the hereina~er described real property interests sought to be acquired; and WHEREAS, pursuant to Government Code section 7267.2, City has offered to the owners of the real property and interests therein the full amount established as just compensation for the real property sought to be acquired; and WHEREAS, City has provided the owners of the real property and interests therein a written statement and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, section 65402 found that the proposed location purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on May 5, 2003 the City Council approved Final Environmental Impact Report 90-1 as revised by Final Supplement #1 as adequate for the Project (CIP No. 7130) pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), and approved the Project (adopting findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program), and on May 6, 2003 the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on April 29, 2003. there was mailed a Notice of Hearing on the intent of City Council to Adopt a Resolution of Necessity for acquisition by eminent domain of the real property described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and incorporated herein by this reference. The Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Appendix A, and to the address appearing on the Roll. The NOtice of Hearing advised those persons of their right to be heard on the matters referred to therein and as specified in Code of Civil Procedure section 1240.030 on the date and at the time and place stated therein. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, finds, determines and orders as follows: SECTION 1. The above recitations are true. SECTION 2. The May 19, 2003 staff report has been read and considered along with all evidence presented at the hearing. SECTION 3. The hearing set out in the Notice of Hearing was held on May 19, 2003 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. SECTION 4. Based upon the evidence presented, including the staff report and all written and oral evidence presented at the hearing, this City Council by vote of two-thirds or more of its members, further FINDS, DETERMINES, DECLARES AND RESOLVES each of the following' ' a. The public interest and necessity require the proposed Project. b. The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. c. The property described in Appendix A is necessary for the proposed Project. de The offer reqUired by Government C.ode section 7267.2(a), together with the' accompanying'-statement of and summary of the basis for the. amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code section 7267.2(a). SECTION 5. All conditions and statutory requirements necessary to exercise the of eminent domain ("the right to take") to acquire the property described herein have been complied with by City. SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby AUTHORIZED and EMPOWERED: ao To acquire in the name of City, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Eminent Domain Law and the California Constitution; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 1,4 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 the name of City such proceedings in the proper court as are necessary for such acquisition; - do To deposit the prObable amount of compensation, based on an appraisal, and to apply to the court for an order permitting City to take immediate possession and use of the property for the public uses and purposes. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 19th day of May 2003. Tracy Wills Worley, Mayor ATTEST: PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 03-62 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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 was passed and adopted at a regular meeting of the City Council held on the day of 200, by the following vote: ' - COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 3 4 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . A, B, Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 102052-1 (AAE Pacific Park) APN 430-251-001,430-251-002, 430-251-003, 430-251-007 and 430-251-008 Legal Description Parcel 102052-1 (AAE PaCific Park) APN 430-251-001,430-251-002,430-251-003, 430-251-007 and 430-251-008 Temporary Construction Easements -5- PSOI IAS 6 7 8 9 10 il 12 13. 14 15 16 17 18 19 20 21 '22 23 24 25 26 27 28 29 30 31 32 EXItIBIT 'A' LEGAL DESCRIPTION PARCEL 102052-1 (AAE P,~C~'IC ?,~m() APN 430'-251-001,002,003,007, 008 THAT PORTION OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF VALENCIA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT AVENUE (18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP F1617-6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF VALENCIA AVENUE SOUTH 49020'06" EAST 20.900 METERS; THENCE LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE NORTH. 40°39'54'' EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE, AND THE ~TRUE POINT OF BEGINNING; THENCE NORTH 58047'36" EAST 12.493 METERS; THENCE NORTH 45°31'48" EAST 114.195 METERS; THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48045'58" A DISTANCE OF 80.091 METERS; THENCE SOUTH 79059'40" EAST110.354 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY.HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°11 '09" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °26'39" A DISTANCE OF 1.583 METERS; THENCE SOUTH 1 '~°~'~"" v to .~_~ WEST 22.819 METERS; THENCE S:k2dok0103'xreports\tegal~aae rev parcel.doc Sheet 1 of 6 November 2,2001 LM Iq :lmh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 PSOI S SOUTH 10°32'35" WEST 24.995 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 421'.206 METERS A RADIAL LINE TO SAID CURVE BEARS. SOUTH 79°22'11" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29056'20'' A DISTANCE OF 220.094 METERS, TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE' NORTIRWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID'CURVE BEARS SOUTH 49°11 '29" EAST; THENCE SOUTHWESTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°04'59'A DISTANCE OF 1,533 METERs; THENCE SOUTH 85°54'23" WEST 8.867'METERS TO THE BEGINNING OF A NON;TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 30°48'13'' WEST; THENCE NORTHWESTERLy ALONG SALT) CURVE THROUGH A CENTRAL ANGLE OF 10°44'58'' A DISTANCE OF 1..487 METERS; THENCE NORTH 49°20'06'' WEST 94.976 METERS; THENCE SOUTH 45°12'11" WEST 3.072 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE; THENCE ALONG SAID NORTH]~ASTERLY LINE SOUTH 49°20'06'' EAST 105.605 METERS; THENCE NORTH 40°39'54'' EAST 3.048 METERS; THENCE SOUTH 49°20'06'' EAST 3..048. METERS; THENCE NORTH 85°39'51'' EAST 8.620 METERS TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID NORTHWESTERLy. LINE NORTH 40°39'12'' EAST- 159.437 METERS TO THE BEGINNING NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 69°25'52'' EAST; THENCE NORTHEASTERLY ALONG SAIl) CURVE THROUGH A CENTRAL ANGLE OF 9°56'19' A DISTANCE OF 79.938 METERS; THENCE NORTH 10°37'49'' EAST 48.665 METERS TO THE BEGEXPq~G OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 7,925 METERS A RADIAL LINE TO SAID CURVE BEARS NORTH 80002'02" WEST; THENCE NORTHERLY ALONG SAID CURVE TI-IROUGH A CENTRAL ANGLE 10°34'39"A DISTANCE OF 1.463 METERS; S A2dok0103~reports\legalkaae_rev_parcel.doc November 2,2001 LMH:lrnh Sheet 2 of 6 PSOMA S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 THENCE NORTH 54°24'56'' EAST 8.839 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 01041 '25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9021 '27" A DISTANCE OF 1.294 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 07°39'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°34'40" A DISTANCE OF 64.646 METERS TO THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN. THE INSTRUMENT RECOpiED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30" WEST 42.349 METERS TO A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL LINE TO SAID POINT BEARS SOUTH 02007'06" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7059'49'' A DISTANCE OF 19.076 METERS: THENCE NORTH 79053'05'' WEST 7.400 METERS; THENCE NORTH 33004'58" WEST 11.320 METERS; THENCE NORTH 10°37'43" EAST 3.189 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTHERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE TO SAID CURVE BEARS . NORTH 79°22'11, WEST; THENCE NORTHEASTERLY ALONG SAID CURVE ' THROUGH A CENTKAL ANGLE 1°15'47" A DISTANCE OF 9.914 METERS TO SAID SOUTHWESTE~Y LINE OF PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30" WEST 11.735 METERS TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40039'07'' EAST 22.913 METERS TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS A RADIAL LINE TO SAID POINT BEARS S :~2dok0103~reports~l egal~aae_rev__parcel.doc November 2,2001 LMH:lmh Sheet 3 of 6 PSOMAS 1 2 3 4 5 6 7 8 9 10 11 r12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 28 29 3O NORTH 74o49'37'' WEST; THENCE NORTHEASTERLY ALONG SAID CURVE .. THROUGH A CENTRAL ANGLE OF 19°03'31" A DISTANCE OF 149.617 METERS; THENCE NORTH 34o55'51" EAST i 0.981 METERS; THENCE NORTH 35°37'49'' EAST 131.444 METERS T© THE SOUTHEASTERLy LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 89o57'35" WEST 26.185 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTE~Y LINE SOUTH 56o32'28" WEST.51.424 METERS; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 35°37'49" WEST 68.138 METERS; THENCE SOUTH 35°00'54" W'EST 10.510 METERS; THENCE NORTH 57o06, 17" WEST 3.657 METERS TO TI-iE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE TO SAID CURVE BEARs NORTH 55°36'41".WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 23045'30" A DISTANCE OF 204.462 M]ETERS; THENCE SOUTH 10°38'45'' WEST 3.951 METERS TO THE 'BEGINNING.OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 76°16'01,, EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 15°04'18'' A DISTANCE' OF 2.092 METERS; THENCE NORTH 79o53'05" WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 110°13'0Y' A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST 84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF cALIFORNIA; THENCE ALONG SAID SOUTHEASTERLy LINE ' SOUTH 42°57'08'' WEST 274.525 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY L1NE SOUTH 40°38'55'' WEST 107.046 METERS TO SAID NORTHEASTE~Y LINE OF VALENCIA AVENUE; TI-1-ENCE ALONG SAID S:~2dok0103 Xreports\legal~ae_rev_parcel.doc November 2,2001 LMH:Imh Sheet 4 of 6 PSOMAS 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 29 30 31 1 NORTHEASTERLY LINE SOUTH 49020'06" EAST 6.8.78 METERS TO THE TRUE 2 POINT OF BEGINNING, CONTAINING 4.007 HECTARES OR 40067.4 SQUARE METERS MORE OR LESS. PARCEL 2 BEGINN/NG AT THE INTERSECTION OF THE NORTHWESTERLY LINE' OF SAID LOT 65, SAID LINE ALSO BEING THE CENTEP~INE OF NEWPORT · AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER AVENUE (24.384 METERS WIDE) PER PARCEL MAP, FILED IN BOOK 28, PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTERLINE OF EDINGER AVENUE SOUTH 49020'30" EAST 128.081 METERS; THENCE LEAVING SAID CENTERLINE SOUTH 40o39'30" WEST 19.861 METERS TO A LINE PARALLEL WITH AND 19.861 METERS SOUTHWESTERLY OF SAID CENTER.LINE OF EDINGER AVENUE, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680, PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE VOI T O1, eims-i e; rm cn ONa s rr) sourm ^sr m.¥ t.n,,m NORTH 89057'35" EAST 1.911 METERS; THENCE CONTINUING ALONG SAID soUTHEASTERLY LINE SOUTH 55°03'48" EAST 30.633 METERS; THENCE SOUTH 49020,30" EAST 1.758 METERS TO THE NOKTHWESTERLy LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 16'8, OF OFFICIAL · RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLy LINE NORTH 40°39'12" EAST 0.353 'METERS; THENCE SOUTH 49o20'30" EAST 2.484 METERS; THENCE SOUTH 04020'30" EAST 6.571 METERS; THENCE NORTH 49°20'30" WEST 40.816 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 0.0012 HECTARES OR 115.1 SQUARE METERS, MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. S 52dok0103 ~reports\legal~aae_rev_parcel.d oc November 2,2001 LMH:lmh Sheet 5 of 6 PS'OI IAS 1 2' 3 4 $ 6 7 8 9 .10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 29 3O 31 .THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 9/30/04 S :~2dok0103 ~reports\legal~ae_rev_parcel.doc November 2 ,2001 LMH:lrnh Sheet 6 of 6 EXHIBIT III B II ?OB/ III II III Iil II II II II II NSI' 14'2l"£ IS. 331m I I I I I- I I r RIGHT OF WAY FOR [IRRIG. PiP[ LI#[$ PER IITEM eli PTRelJ01?Ili. FOR CONTINUATION SEE SHEET 3 BLOCK. 0 SUDD J V J S I I --J I I ! I 12.493e AVENUE Z Z Z PORTION OF LOTS 65 AND 80, BLOCK lO, IRVINE'S SUBDIVISION, M.M. I/EIB CLIENT NAME= CITY OF TUSTIN ADDRESS: PSOlVI~S 3187 Red HlllAvenue, '250 C;OS~O blest3, C;ollfornio 92626 i 714/751-7'{73 Enoineer$ Surveyors Planners SHEET I OF 7 SCALE NONE DRAFTED LMH CHECKED DATE JOB NUMBER 2DOKO 03 EXHIBIT II B !1 FOR CONTINUATION SEE SHEET .... · 4.8~ . ~ '0 . % ' ~ ~ P~ES TO ~ J PER BK 2 144. 14~ ~ I IS~ V A L E N C I A A V E N U E · ..i .::) _.J. PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, M.M. I/8B CLIENT NAME: CITY Or TUSTIN ADDRESS: PSOMZ~S Psomos & Asso¢io~es-Cos?o Meso 31~? Re~ HIIl~vemue,.250 Cosec Meso. Coll~o~nio 92626 ?M/75t-7373 Engineers Surveyor8 'PIonner$ SHEET 2 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOI03 EX.HIBIT "B "' & II ': I II II Z I II I II I Ltl LD'T- I II II II II II II II II II II II II II o ii Il I II I~ "11 III III III III Il" I Ill' I BLOCK IRVJNE'~ PG 41, O.R, (ITEId~lO PTR*I301?II) B 0 I o S U 8 g I .Y ! S I O N , . . / /. / / Jill / J II I ////,,,~ _.~ .I IIII / II Il I I ' / iI Il I I / :1 .Illk / I[ ~/l~J / .' II ;./' f I / ' II ~Jl Il I aK(i?EidS6BI, isPG 4n?, OolC PTRoB301 ?] I ! Il I I / I ~ I AN EASEMENT FOR ~L£~rRIC klN~$ . II L.,~ ~ ;~.s,',..z,-~ FOR CDNT]NUAT]'ON SEE SHEET 1 It ,l"J 1..~,.. II Ill ~l . II '~1 Il Z PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, M.M. 1188 CLIENT NAMEr CITY OF TUSTIN ADDRESS: PSOlVI~S P$omas & AssocloTes-£osfe Mesa 3lB? Red HlllAvenue. '250 COS'fO MeSO, California 92626 ~urve~o~s Ptonners SHEET 3 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKO 103 ¢~¢~ EXHIBIT "' B" \ /~-~o~.4~a. ~ /~ T~"~.,UC"T',~.~ 1~../ ?,-_Z~:,_,.._,__~_ FOR CONTINUATION SEE SHEET 6 L-~.~m~ ~ I L-~.o.~' ~ I~/ ~ ~7'4 ' " IRA -~ } ~ ' // ~ :, ,~,~ ..--~ .:?.~~ . / I .-7. oz~ ~ Z ~. ~6- I I' ~6' 39" ,,,. , ~'L~ / 42. l~ ~ 3. g7~ ~ ~ ~.~ PARCEL I ~.~.~. ~ , :~ ~,., ~ , FOR CONTINUATION SEE SH T Z Il PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, M.M. 1/88 ICLIENT NAME: CITY OF TUSTIN :ADDRESS: PSOlVI~S 3187 Red HIIIAvenue. "2:,50 COSTO Meso, Collfornio 92626 714/75l-7:~7~ Enoineers Surveyors Plonne~-,s SHEET 4 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE O I/3 I/02 .,, JOB NUMBER 2DOKOI03 ltd EXHIBIT h; · FOR CONTINUATION SEE SHEET 7 · ~,/ III // / el I // / I ! % % I t ~'/_1I,,...._. ~/ / ~ ~ EXCLUSIVE .~ AND RI GHT OF WAY IRRIG. PIPE LINES / I / IITE~ ~1) /~ ./. / ~',, " ~ . bDT PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, Id.M. l/BB CLIENT NAME= CITY OF TUSTIN ADDRESS: PSOlVlAS P$omo$ & AsSOClOffes-~os"ro Mesa 3187 Red HIII Avenue. #250 714/75I-7~73 Enoineers ~urveyors SHEET 5 OF 7 SCALE NONE DRAFTED CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOIO3 lid EXHIBIT "B" EDIS~I PER laK g$81, ' PO 45, O.R. (ITEM '18 P?RJl301?I I1 Z -- PARCEL I --, I-- z~ c) z r~ z aa MOST #~$TERN PARCEL 2 PER / INST. NO. 1~80~00~1 I.O,R A~£ PACIFIC II~qK ASSOCIATES PACIFIC PMIK A~lA~ APN NC). 430-ZSI-Ott ) N25' 09' Ig"W N23' ZOOm N?4' 49' 37#W RAD SI I'30'49'1r RAD _s~ t_' 30' 4._.3"E: R_.A_~ SI I' 4 ~ ' SI'F.. EASEMENT IdJ I &. 4311fll 516': PM& ilJioc I A'r[I R~) ( ,...o..~o-..,-~ ~ _ ,~ I L-I 4. 63.,~ SI I"S4:4l"E RAO 549'20'30"E 42. 349m PACIFIC Pi/Il( ASSOCIATES ,~APNNO. 4~Oo~l-O07 ') L-G4. S46m ';. 400m PARCEL I I i. 1120m FOR CONTINUATION SEE SHEET 4 / / / PORTION OF LOTS 65 AND 80, BLOCK IO, IRVINE'$ SUBDIVISION, M.M. t/88 CLIENT NAME-' CITY OF TUSTIN SHEET G OF 7 ADDRESS: SCALE NONE t DRAFTED LMH PSOMA$ CHECKED JLE Psomos & AS$OCiO~es-COSTO Mesa 3J87 Red Hill Avenue, ~250 j Costa Mesa, California B26~6 I DATE 0 t/~ I/02 714/75l- 7375 Enoineer s J s~¢~o~ JOB P,ann~r~; NUMBER 2DOKO 103 EXHIBIT II B II .' 31 ~ ~.'.'~o~ ~?.~ ~ I ~ II Z PG 326, O.R. lIThe11 PTRel301?II) ~ ~ l~ [ISE~NT F~ ELECTRIC LINES PG 47. O.R. (ITEM~IO .EDINGER AV'ENUE. FOR CONTINUATION SEE SHEET 5 S04' 08' OI'E ~. ! ',l- 02' Lo I. 80Sm I t/ EASEMENT IRRIG. PIPE LINES PER BK 6&llO, PAGE 242. O.R. (ITEM BIS PTR'IIS0171I] 2o 484m o:ss~ lit, so4' 20, so-r I [ 6' q?lm t I I '1 .. DETA I L A · PARCEL I N34' 55' Sl'E IO'~BB Im .~ .I I I I .I I I I I I I I PORTION 'OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, M.M. 1/88 ICL ENT NAME: CITY OF TUSTIN ADDRESS: I PSOI~4~S Psomos & As$ocio'res-Costo Meso 3187 Red HlllAvenue, B25D Costa ~eso. California 92626  7t4/751-7373 Enoineers Surveyors Planner s SHEET ? OF 7 SCALE NONE DRAFTED LMH CHECKED JLE "'~ATE 01/31/02 '"JOB NUMBER 2DOKOt03 PSOMA, S 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22' 23 24 25 26 27 28 29 3O 31 32 EXHIBIT 'A' LEGAL DEscRIPTIoN TEMPoRARy CONSTRUCTION EASEMENTS APN 430-251-001,002, 003, 007, 008 THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR THE PURPOSE OF THIS DESCRIPTION THE FOLLOWING CONTROL LINE IS HEREBY ESTABLISHED: CONTROL LINE "A" BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF VALENCIA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT AVENUE (18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT. OF TRANSPORTATION RIGHT OF WAY MAP F1617-6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF VALENCIA AVENUE SOUTH 49020'06" EAST 20.900 METERS; THENCE LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE · NORTH 40°39'54".EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE, AND THE TRUE POINT OF BEGINNING; THENCE NORTH 58°47'36'' EAST 12.493 METERS; THENCE NORTH 45o31 '48" EAST 114.195 METERS; THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°45'58" A DISTANCE OF 80.091 METERS; THENCE SOUTH 79°59'40" EAST 110.354 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF S:k2dok0103\reports\tegalXaae rev TCE.doc Sheet 1 of 13 April 29, 2003 LM Iq :Itoh 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMA, S 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH'89°l 1 '09" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°26'39'' A DISTANCE'OF 1.583 METERS; THENCE SOUTH 10043'32" WEST 22.819 METERS; THENCE SOUTH 10°32'35'' WEST 24.995 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY HAVING A.RADIUS OF 421'.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 79°22'11" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15023'49'' A DISTANCE OF 113.190 METERS 'TO A POINT HEREIN AFTER DESCRIBED AS POINT "A"; THENCE ALONG SA_ID CURVE 14°32'31'' A DISTANCE OF 106.904 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLy HAVING A RADISJS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEAKS , . SOUTH 49°11'29" EAST; THENCE SoLYrHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11004'59" A DISTANCE OF 1.533 METERS; THENCE SOUTH 85°54'23" WEST 8.867 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A'KADIAL LINE TO SAID CURVE BEARS SOUTH 30°48'13" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°44' 58" A DISTANCE OF 1.487 METERS; THENCE NORTH 49°20'06'' WEST 94.976 METERS; THENCE SOUTH 45°12'11" WEST 3.072 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°20'06'' EAST 105.605 METERS; THENCE NORTH 40°39'54" EAST 3.048 METERS; THENCE SoLrrH 49020'06" EAST 3.048 METERS; THENCE NORTH 85°39'51'' EAST 8.620 METERS TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID NORTHWES~RLY LINE NORTH 40°39'12" EAST 159.437 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "B", SAID POINT ALSO BEING ONA NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS S:~2dok0103 ~reports\legal~aae_rev_TCE. floc July 1, 2002 LMH:lmh Sheet 2 of 13 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 SOUTH 69025'52" EAST; ~THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°13"10" A DISTANCE OF 41.979 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT ,,C"; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4043'09" A DISTANCE OF 37.959 METERS;THENCE NORTH 10037'49" EAST 48.665 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS NORTH 80002'02" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 10°34'39"A DISTANCE OF 1.463 METERS; THENCE NORTH 54o24'56" EAST 8.839 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID' CURVE'BEARS NORTH 01 °41'25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAJ~ ANGLE OF 9°21'27" A DISTANCE OF 1.294 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "D", SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 07039'59'' WEST; THENCE EASTERLY ALONG SAID CURVE TI-~OUGH A CENTRAL ANGLE OF 19°34'40" A DISTANCE OF 64.646 METERS TO THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN'THE INSTRUMENT REcoRDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG SAID SOUTHWES~~Y LINE NORTH 49020'30'' WEST 42:349 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "E", SAID POINT ALSO BEING ON'A CURVE coNcAvE NORTHEASTERLY HAVING'A RADIUS OF 136.674 METERS, A RADIAL LINE TO SAID POINT BEARS SOUTH 02o07'06" WEST; THENCE SOUTHWESTERLY ALONG SAID CLrRVE THROUGH A CENTRAL ANGLE OF 7o59'49" A DISTANCE OF 19.076 METERS: THENCE NORTH 79°53'05" WEST 7.400 METERS; THENCE NORTH 33004'58" WEST 11.320 METERS; THENCE NORTH 10°37'43" EAST 3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTHERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE S 52dok0103Xreports~legal~aae_rev_TCE.doc July 1,2002 LMH:lmh Sheet 3 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. '24 25 26 27 28 29 3O TO SAID CURVE BEARS NORTH 79°22'11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 1°15'47" A DISTANCE OF 9.914 METERS TO SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49020'30" WEST 11.735 METERS TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG sAID SOI3THEASTERLY LINE NORTH 40°39'07" EAST 22.913 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "F", SAID pOINT BEING ON . A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 449.79.7 METERS A RADIAL LINE TO SAID POINT BEARS . NORTH 74°49'37" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°22'19" A DISTANCE OF 128.526 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "G"; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°41'11" A DISTANCE OF 21.091 METERS; THENCE NORTH 34°55'51" EAST 10.981 METERS; THENCE NORTH 35°37'49" EAST 131.444 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "H", SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE' OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG sAID SOUTHEASTERLY LINE SOUTH 89057'35" WEST 26.185 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 56°32'2g" WEST 51.424 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT''F'; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 35°37'49" WEST 68:138 METERS; THENCE ' SOUTH 35000'54'' WEST 10.510 METERS; THENCE NORTH 57°06'17" WEST ., 3.657 METERS TO THE BEGINNING OF A,NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE TO SA~ CURVE BEARS NORTH 55°36'41'' WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 0° 16' 17" A DISTANCE OF 2.335 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "J"; THENCE Sfi2dok0103~reports~legal~aae rev TCE.doc July 1, 2002 LMH:Imh Sheet 4 of 13 PSOI I, AI S 1 2 3 4 5 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29 30 CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°29'13'' A DISTANCE OF 202.127 METERS; THENCE SOUTH 10°38'45'' WEST 3.951 METERS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 76°16'01'' EAST; THENCE soUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 15°04'18" A DISTANCE OF 2.092 METERs; THENCE NORTH 79°53'05'' WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 110013,03'' A DISTANCE OF 78,870 METERS; THENCE NORTH 30° '14'28" EAST 84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE-OF " CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 42o57'08'' WEST 274.525 METERS; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE soUTH 40038'55'' WEST 107.046 METERS TO SAID NORTHEASTERLY LINE OF VALENCIA AVENUE;' THENCE ALONG SAID . NORTHEASTERLY LINE SOUTH 49020'06'' EAST 6'.878 METERS 'TO THE _TRUE pOINT OF BEGINNING. .. · TEMPORARY CONSTRUCTION EASEMENT I A STRIP OF;LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE, IN THE DIRECTION OF TRAVEL: · BEGINNING AT THE AFOREMENTIONED TRUE POINT OF BEGINNING; THENCE NORTH 58o47'56" EAST i2.493'METERS; THENCE NORTH 45031 '48" EAST 114.195 METERS; THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY S A2dok0103 kre~ports\legaBaae_r~v_TCE.doc July 1, 2002 LMH:tmh Sheet 5 of 13 1 2 3 4 ,5 6 7 8 9 lO 11 12. 13 14 15' 16' 17 18' .19 20 21 22 23 24 25 26 27 28 29 30 31 HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTKAL ANGLE OF 48045'58'' A DISTANCE OF 80.091 METERS; THENCE SOUTH 79059'40'' EAST 110.354 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A R_&DIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°11 '09" EAST; THENCE SOIFFHERLY ALONG SAID cuRVE THROUGH A CENTRAL ANGLE OF 11026'39" A DISTANCE OF 1.583 METERS; THENCE SOUTH 10043'32'' WEST 22.819 METERS; TI'{ENCE' SOUTH 10032'35'' WEST 24.995 METERS TO THE. BEGINNING OF A NoN- TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 79°22'11" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°56'20'' A DISTANCE OF 220~094 METERs TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A KADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE'BEARS SOUTH 49011'29'' EAST; THENCE SO~STERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°04'59'' A DISTANCE OF 1'.533 METERS; THENCE SOUTH 85054'23'' WEST 8.867 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEAKS SOUTH 30048'13'' WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10044'58'' A DISTANCE OF' 1.487 METERS; THENCE ON'A NON- TANGENT LINE NORTH 49°20'06'' WEST 5.000 METERS. ' THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SOUTIIERLY SO AS 'TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID VALENCIA AVENUE. TOGETHER WITH A STRIP OF'LAND 10.000 METERS WIDE LYING NORTHWESTERLY OF THE FOLLOWING DESCRJ]3ED THE LINE: S :k2dok0103 ~r~portsq egalk~ae_rev__TCE.d o¢ July 1,2002 LMH:tmh Sheet 6 of 13 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 PSOMAS BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "A": THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 63o58'22" EAST THROUGH A CENTRAL ANGLE OF 3°03'19" A DISTANCE OF 22.461 METERS. EXCEPT THAT PORTION WITHIN THE 5.000 METER STRIP DESCRIBED ABOVE. ' ' TEMPORARY C'ONSTRUCTION EASEMENT 2 A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE · FOLLOWING DESCRIED LINE: ' BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "B", sAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 69°25'52" EAST; THENCE NORTHEASTEP~Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°56'19" A DISTANCE OF 79.938 METERS; THENCE NORTH 10o37'49" EAST 48.665 METERS TO THE BEGINNING OF A' NON,TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS NORTH 80°02'02'' WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 10°34'39'A DISTANCE OF 1.463 METERS; THENCE NORTH 54o24'56" EAST 8.839 METERS TO THE BEGINNING OF A NON-TANGENT cURvE CONCAVE SOUTHERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARs NORTH 01041'25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°21'27" A DISTANCE OF 1.294 METERS. THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTEND SO AS TO TERMINATE SOUTHWESTERLY ON THE NORTHWESTERLY 'LINE OF SAID DEL A_MO AVENUE. S A2dok0103~eports\legal~aae rev TCE.doc July 1, 2002 LMH:Imh Sheet 7 of 13 PSOMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 TOGETHER'WITH A STRIP OF LAND 10.000 METERS WIDE LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: ~o~o A:r TH~ KEP~nVBE~OP,.E t)ESClUBEt) Po~cr "c" SAm ?OtNT BEING ON ACURVE CONCAVE NORTHWESTERLY HAVING A RADIuS OF 460.831 METERS, A RADIAL LINE TO SAID POINT BEARS NOaT~ ?~o~'0~" W-~Sr; rm~NCn NOm:H~^sr~-~¥ ~ONO SAm Cuave THROUGHA CENTRAL ANGLE OF 2021 '21" A DISTANCE OF 18.948 METERS. TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING SOUTHE, RLY OF THE FOLLOWING DESCRIBED LINE: ., smmn, rrNO A~: ~ I-mm~rNS~.Fom~ I)nSc~.m~.r) ~,omr "r)" sAm ~,omri' ALSO BEING THE BEGINNING OF A CURVE CONCAVE NoRTI~RLy HAVING A RADIUS OF 189.192 .METERS, A RADIAL LINE T© SAID CURVE BEARS SOUTH 07°39'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24000'33" A DISTANCE OF 79.279 METERS TO SAID NORTHWESTERLY LINE OF SAID DEL AMO AVENUE; THE SIDELINES'OF SAID STRIP WILL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID DEL AMO AVENUE, AND SOUTHWESTERLY PROLONGED TO A LINE THAT IS PARALLEL WITH AND 5.000 METERS SOUTHEASTERLY OF THAT CERTAIN COURSE DESCRIBED ABOVE, SAID COURSE HAVING A BEARING OF NORTH 10°37'49,, EAST AND A DISTANCE OF 48.665 METERS. EXCEPT THAT PORTION WITHIN THE 5.000-METER STRIP DESCRIBED ABOVE. S :~dok0103 kreports'degalkaae_rev_TCE.d oc July 1, 2002 LMH:lmh Sheet 8 of 13 PSOIVI, AkS 6 7 8 '9 10 11 12 13 14 15 16- 17 18 19' 20 21 22 23 24 25 26 27 28 29 3O 31 TEMPORARY CONSTRUCTION EASEMENT 3 A STRIP OF LAND 5.000 METERS WiDE LYING NORTHERLY, NORTHEASTE~Y AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFOKE DESCRIBED pOINT "E", SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF' 136.674 METEKS; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7059'49'' A DISTANCE OF 19.076 METEKS: THENCE NOKTH 79°53'05'' WEST 7.400 METERS; THENCE NOKTH 33°04'58" WEST' 11.320 METERS; THENCE NORTH 10037'43'' EAST 3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE TO SAID CURVE BEAKS NOKTH 79°22'11' WEST; THENCE NORTHEASTERLY ALONG SAID CUKVE THRouGH A CENTRAL ANGLE 1°15'47'' A DISTANCE OF 9.914 METERS. THE SIDELINEs OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN TIlE INSTRUMENT RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS OF SAID COUNTY. TEMPORARY CONSTRUCTION EASEMENT 4 .. A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLy OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "F", SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS · OF 449.797 'METERS RADIAL BEARING; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19"03'30" A DISTANCE OF S:k2dokOlO3kreports\legal~aae rev TCE.doc July I, 2002 LMH:imh Sheet 9 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 149.616 METERS; THENCE ON A NON-TANGENT LINE NORTH 34o55 '51" EAST 10.981'METERS; TI~NCE NORTH 35°37'49" EAST 131.444 METERS. THE SIDELINES OF SAID STRIPS SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY ON THE. SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUN~.~ SOUTHERLY ON THE sOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404 PAGE 168 OF OFFICIAL RECORDS, IN SAID COUNTY. TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE' BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "C,"_ , SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUs OF 449.797 METERS; TI-I_ENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°41, 11" A DISTANCE OF 21.091 METERS. EXCEPT THAT PORTION WITH 1N THE 5.000-METER STRIP DESCRIBED ABOVE. TEMPORARY CONSTRUCTION EASEMENT 5 A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "H" SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE S :~dok0103 h-¢portsqegal~aae_rev_TC E.doc July 1, 2002 LMH:lmh Sheet 10 of 13 PSOIVI S' 1 2 3 4 $ 6 7 8 9 '10 .11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O NORTH 89°57'35'' EAST 18.134 METERS TO TI-IE TRUE POINT'OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 49o20'30" EAST 39.782 METERS TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL, ~CO~s 0F Sr~ C'O~. SIDELINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY ON SAID SOUTHEASTER_LY LINE OF THE RIGHT OF..WAY TO THE STATE OF CALIFORNIA AND SOUTHEASTERLY ON SAID SOUTHEASTERLy LINE. ~ .' , · TEMPORARY CONSTRUCTION EASEMENT 6 .A STRIP OF LAND 5.000-METERS WIDE LYING TO THE RIGHT OF THE FOLLOWING DESCRIBED LINE, IN THE DIRECTION OF'TRAVEL: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT ,T', SAID POINT ALSO BEING ON SAID SOUTHEASTERLy LINE OF. THE RIGHT OF WAY TO TILE STATE OF CALIFORNIA; THENCE LEAVING SAID. SOUTHEASTERLY LINE SOUTH 35o37:49" WEST 68.138 .METERS; THENCE SOUTH 35000'54" WEST 10.510 METERS; THENCE NORTH 57°06'17'' WEST 3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 55°36'41" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 23o45'30" A DISTANCE OF . . 204.462 METERS; THENCE SOUTH 10038'45" WEST 3.951 METERS TO TH~ BEGINNING OF A NON-TANGENT CURVE ' coNcAVE NORTHWESTERLY HAVING A RADIUS OF 7.952 METERS, ARAD~ LINE TO SAID CURVE BEARS SOUTH 76°16'01" EAST; THENCE sOUTHWESTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE 15°04'18" A DISTANCE OF S:~dok0103kreports\legalXaae rev TCE.doc July I, 2002 LMH:lmh Sheet 11 of 13 1 2 3 4 $ 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 2.092 METERS; THENCE NORTH 79o53'05'' WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 110o13'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST 84.541 METERS TO SAID SOI. YrHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY oN SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA. " TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING NORTHWESTERLy OF .THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE HERE~EFO~ DESCRIBED POINT "J", SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493:079 METERS A RADIAL LINE TO SAID' CURVE BEARS SOUTH 55o52'58" WEST; THENCE SOUTHWESTERLY ALONG sAID CURVE THROUGH A CENTRAL ANGLE OF 20°20'51'' A DISTANCE OF 20~202 METERS. EXCEPT THAT PORTION WITHExl THE 5.000 METER STRIP DESCRIBED ABOVE. SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. 'THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. S:k2dok0103~reports\legal~a,ae_rev_TCE. doc July 1, 2002 LMH:Imh Sheet 12 of 13 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 09/30/04 S :~2dok0103 kreports\legalka~e_rev_TCE.doc July 1, 2002 LMH:Imh Sheet 13 of 13 EXHIBIT '"B" I III III II II II II II II II II N~I°I4'21eE I I I I I I I I I I I IRRIG. PIPE LINES BK 6~eO, PAGE J IITE¥ II3 PTRII301?Ill ! I FOR CONTINUATION SEE SHEET N LOT B O '" IS~, O.R. IITEMm'I~ PTRee'~OI'II I) ~ ~ L D C K I 0 ~ J R VJ N~ S SU~D I V J S J'DN W Z Z · I 2.49~1 S4 e' 2D' 134.341m AVENUE PORTION OF LOTS 65 AND 80, BLOCK 10, IRVINE'S SUBDIVISION, M.M. I/B8 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOIVI~S 3187 Red HlllAvenu~, '25D Cos~o MeSO. CoIl~o~nlo 92626 714/751-7373 Engineers Surveyors Pio~ers SHEET I OF 7 SCALE NONE DRAFTED LMM CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKO 03 EXHIBIT II B Ii FOR CONTINUATION SEE SHEET 4 N ' '1 · ...,,.,.. ~,,y\ ,T ",' )I ~ L-ffi. I1~1 I / · ~ r o ~ ' ' ' , I ,~ : 8. BGTm -- % ' ' z. 4s~ ~ ~ ~U~- I ~ ' ~ ...... ~.o4m ,44.,4~. ~ ~ ,,5..~ 5' . ,o~.,~ (8o4.,?~ ~ ~e 34/.) , ~ s & ~, ' · ~ -- .... .V A t E N C I A · A V E N U E ~ ~,~, 21.3,1&m PORTION OF LOTS 65 AND 80, BLOCK 10, IRVINE'S SUBDIVISION, M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOIvI~S P,somos & As,soclo?e,s-£os-to Meso 3187 Red Hill Avenue, "250 COS'to Me,so, CollTornio 92626 714/TSi-T]73 Engineers Surveyor,s Plonners SHEET 2 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOI03 " EX'HI'BIT Il B Il ltl c) LC ~ D Z ~,, ,<~. C::) z c~ PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS . I II I Il I II I It , j Jl~ III lJI N '1 II I Il , i I Il II I! I .! II ~lJ II III Il l Ill Ill Il Il Il II l Ill Il ! III Ill II JJl III III III III II Ill Il Ill I Ill ,I Iili (102052-1 } II ~IIk .'. I~ ~I~JXI l Ii II ;li ii 'l ' Il Il Il 1i Il ' , lli~J Il 'Jill. FOR CONTINUATION SEE SHEET 5 \/ ,l · ,./ \ TEMPORARY' CONSTRLIL'T 10N ~ ' ,~ \ .,,f r~AS£~NT ~ \.,. / · ~ // ,.E ..c,,,c .... mo~,.T. ? / - a LOT BLOCK ]RVJNE's M, R, M ,CONTROL LINE "A" , PG 47, O.R. Il'rEM. 10 PTReI$OI?II! / / / // / / ///~'~ / / / / / / SO CAL EDI SON PER' IITEM els P?Rel3OITlll ~ f AN EASEVEf, IT FOR ~;L£CTRIC ~ i TO ~ ~ EDI~ PER B~ / ~" ,5,. O.R. ClTEU'lZ ,T,.,3O,,,l, . ; /~,s,'i4.z,-, FOR CONT /~ '"33"' :NUATION SEE SHEET 1 ICLIENT NAME: CITY OF TUSTIN ADDRESS: PS;OM~S Psomos & Associn?es-£osTo Meso BIB7 Re~ HIIIAver~ue, ~250 Cos~'o Meso. Coll~:or-nio 92G2t~ 714 1751-7373 Enoineers Surveyor.s Plar~ers SHEET 3 OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOI03 j EXH. IBIT II B. II FOR CONTINUATION SEE SHEET 6 21 ,/ \ L. ~, 46~m / / / / / / / / / / / / / . / "r_Be: gr_oe.~. R._~_D I 2G'3~# \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \. \ \ \ \ \ \ \ \ '% \ R-470.13lm N_.?4_' a&. o2-w : PT "C" '1 PORTION OF LOTS 65 AND 80, BLOCK I0. IRVINE'S SUBDIVISION, M.M. TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME: CITY OF TUSTIN ADDRESS: PSOMAS Psomo$ & A550cio're$~£osto l~e$o 3187 Re~ Hill avenue. "250 714/75t-7373 Enotneers Surveyors SHEET 4 OF ? SCALE NONE DRAFTED LMH CHECKED dLE DATE 01/31/02 ' JOB NUMBER 2DOKOI03 EXHIBIT "B" l,I\ II FOR CONTINUATION //~'/'~. -- I ~ II SEE SHEET 7 I '~ I~ i I ~ I~ / / - ~ ' ~ -r41~ll- · ,~ ~ ~ ~'// . I ,., ~ '~ ~ ~ ~ //' ~ >, ,,~ .., ~ ~/ ~ , ~ ~i ~ I/ ' ' ~ ~ ' -- > , .1 , / / ' . ..o, ..G, ,4,. . .. ' ~. (102052-1)~ .z I~ / ~ ' . . I ' ' o o / rl /~L~, I ' I ~ I , · , ~,, ~ .. ...... PORTION OF LOTS 65 AND 80, BLOCK.lO, IRVINE'S CLIENT NAME, CITY Or TUSTIN SUBDIVISION. M.M. 1/88 TEMPORARY CONSTRUCTION EASEMENTS SCALE NONE DRAFTED LMH PSO~S Psomo~ & Asso~ictes-gosto ~eso CHECKED JLE 3187 Re~ HI, Avenue, "250 COsto Mesa, Colt~ornio 92626 DATE 0 I/3 I/02 714/751-7313 [ngineers Surveyors JOB EX'HIBIT "B" dUd~ PACtFIC PANK ASSOCIA'T['c ( .L,...c.. 4~o-~,,-o,, ) z MOST IqI~STERN COR. INST. NO. I ~JBOGOO61 CONSTRUCTION [] N74' 49' 37"W RAD PT "F" DDC ND. J452 SI I'30'49"E RAD si i_'3_o* 4._~'g R__AD SI 1'4I,~,I#E EASF. J~NT L-14.63~1 SIl'S4'4t'E RAD $4G'ZO'30"E 42.34Bm PT "E / / E PORTION OF LOTS 65 AND BO, BLOCK IO, IRVINE'S SUBDIVISION, M.M. I/SB TEMPORARY CONSTRUCTION EASEMENTS CLIENT NAME: CITY OF TUSTIN ADDRESS: P.5omo$ & Associole~-Cosl'o 3lB? .Ned Hill Avenue. =250 Co~To Me~o, Coli~ornio 92626 714/751-7373 Engineers 5ur've~o~5 SHEET ro OF 7 SCALE NONE DRAFTED LMH CHECKED JLE DATE 01/31/02 JOB NUMBER 2DOKOI03 EXHIBIT So4, BSIm~ ,11 B~ II EASE. PT "H" ,,% FOR CDNTINUATION SEE SHEET 5 / I' I I I I AVENUE CONTROt LIIK EXC~US I YE ' ,/ IRRIG. PIPE LIMES PER /' Bit GABO, PAGE 242, O.R. / .,. (ITEM el3 PTR'8301711} PT I ' [ EMPORARY CONSTRt.~T I ON ASEMF. N] ,/ ,I 30#£ 40. l I 6m #E P,f'PllrlC PA~I~ (,'i,. ~, I 1 I I ! N34' 55' 51" I PORTION OF LOTS 65 AND 80, BLOCK I0, IRVINE'S SUBDIVISION, U.U. 1/88 TEMPORARY CONSTRUCTION EASEMENTS ICLIENT NAME: CITY OF IUSTIN ADDRESS: SHEET 7 OF 7 SCALE NONE DRAFTED LMH CHECKED J L E DATE 01/3~/02 Psomos A A~5ocioI'e~-COSTO Mesa 3167 Recl HIIIAvenue. "25D Costo Me~o, Coli~ornlo 52626 714/751-73~3 Enoi~eems 5urveyo~ JOB NUMBER 2DOKO [ 03 1 PROOF OF SERVICE BY MAIL 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 I am over the age of 18; I am employed by the CITY OF TUSTIN in the County of Orange at 300 Centennial Way, Tustin, California, 92780-3767. 4 On April 29, 2003, I served the foregoing document(s) described as Notice of Hearing 5 Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain by placing true copies thereof enclosed in sealed envelope(s), as follows: 6 - I~' (BY MAIL) I placed said envelope(s) for collection and mailing, following 7 ordinary business practiceS, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for deposit in the United 8 States Postal Service. I am readily -familiar with' the practice of the CITY OF TUSTIN for collection and processing correspondence for mailing with the 9 United States Postal Service, and said envelope(s) will be deposited with the United States Postal Service on said date in the ordinary course of business. 10 I--I (BY FACSIMILE) I caused the above-referenced document to be transmitted 11 to the interested parties via facsimile transmission to the fax number(s) as stated on the attached service list. 12 r-I (BY OVERNIGHT DELIVERY) I Placed said documents in envelope(s) for 13 collection following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for 14 collection and delivery to a courier authorized by to receive said documents, with delivery fees provided for. I am readily familiar with the 15 practices of the CITY OF TUSTIN for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by 16 on said date in the ordinary course of business. 17 r"] (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). 18 i~ (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at 19 whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and corm.ct. 20 I-'] (FEDERAL) I declare that l am employed in.the office of the CITY OF TUSTIN 21 at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and 22 correct. 23 Executed on April 29, 2003 at Tustin, California. 24 25 26 . Cecelia Garcia 27 Administrative Secretary 28 S:\CIP Pro_!_ects_.-__Act_ive\7130 - ~_ewgort Ave Rc.~r~nfin!A~n,d~ifi~n\_A/},~ Public Works / Engineering April 29, 2003 AAE Pacific Park Associates, LLC cio S & A Properties ' Mr. Irving M. Chase 129 W. Wilson Street, Suite 100 Costa Mesa, CA 92627-1586 City of Tustin 300 Centennial Way Tustin, CA 92780-3715 (714) 573-3150 FAX (714) 734-8991 Re: Notice of Hearing Regarding Adoption of a Resolution of NecessitY to Acquire Property by Eminent Domain [California Code of.Civil Procedure 1245.235] Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Widening Project (CIP 7130) (the "Project") Property: 15171 Del Amo Avenue (Developed Property) Dear Property Owner: 1. Notice of the Intent of Tustin City CounCil to Adopt a Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on May 19, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Project (CIP 7130). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, May 19, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, Tustin, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. AAE Pacific Park Associates, LLC Notice of Hearing Regarding Adoption of ResOlution of Necessity to Acquire Property by Eminent Domain - 15171 Del Arno Avenue (Developed Property) April 29, 2003 Page 2 a. Whether the public interest and necessity require the proposed project; b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acqUired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. d. Whether the offer required by Government Code section 7267.2, subdivisions (a), (b), and (¢), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2, subdivisions (a), (b), and (c), a copy of which is attached hereto. e. Whether the City has complied with'all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this Notice. Your name appears on the last equalized County of Orange assessment roll and as Owner (in our preliminary title report) of the property required for the proposed project. The statutes that authorize the City to acquire the property by eminent domain for this proposed project are Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions). AAE Pacific Park Associates, LLC Notice of Hearing Regarding Adoption of Resolution of Necessity to'Acquire Property by · Eminent Domain - 15171 Del Amo Avenue (Developed Property) April 29, 2003 Page 3 '~ 3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk within fifteen (15) days after this Notice was mailed. You must file .your request to be heard at Tustin City Hall, 300 Centennial Way, Tustin, California, 92780-3767. Should you elect to mail your request to the City Clerk, it must be actually received by the City Clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the property by eminent domain. AAE Pacific Park Associates, LLC Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 15171 Del Amo Avenue (Developed Property) April 29, 2003 . Page 4 If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and Mailed on April 29, 2003. C: Michael H. Leifer, Esq. Lois E. Jeffrey, City Attorney Attachments (Copy of Government Code section 7267.2, subdivisions (a), (b), and (c)) (Proposed Resolution of Necessity) S:\CI P Projects-Active 7130 Newport Ave. ReconfigWcqV~,AE Eminent Domain 15171 Del Amo.doc Government Code Section 7267.2, subdivisions (a), (b), and (c) (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body, s ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be diSregarded in determining the compensation for the property. (b) The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the comPensation, including any offsetting benefits. (c) Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer is based. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY-AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR.THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (CIP 7130) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of reconfiguring, extending and widening the street system in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 15171 Del Arno Avenue (APN 430- 251-006 and 430-251-011; and WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use. set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and. WHEREAS, the real property interests sought to be acquired for the Project consists of five assessor parcels and is located within the territorial limits of City and is generally located on the west side of Del Amo Avenue between Edinger Avenue and Valencia Avenue and east of the SR-55 Freeway; and -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, the plans for the Project are on. file with the Director of Public Works of City; and WHEREAS, the Project is planned and located in a manner which will be the most compatible with the greatest public good and least private injury; and WHEREAS, City has established the amounts it believes to be just compensation for the hereinafter described real property interests sought to be acquired; and WHEREAS, pursuant to Government Code section 7267.2, City has offered to the owners of the real propertY and interests therein the full amount established as just compensation for the real property sought to be acquired; and WHEREAS, City has provided the owners of the 'real property and interests therein a written statement and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, section 65402 found that the proposed location purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on May 5, 2003 the City Council approved Final Environmental Impact Report 90-1 as revised by Final Supplement #1 as adequate for the Project (CIP No. 7130) pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), and approved the Project (adopting findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program), and on May 6, 2003 the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on April 29, 2003 there was mailed a Notice of Hearing on the intent of City Council to Adopt a Resolution of Necessity for acquisition by eminent domain of the real property described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and incorporated herein by this reference. The Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Appendix A, and to the address appearing on the Roll. The Notice of Hearing advised those persons of their right to be heard on the matters referred to therein and as specified in Code of Civil Procedure section 1240.030 on the date and at the time and place stated therein. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, finds, determines and orders as follows: SECTION 1. The above recitations are true. SECTION 2. The May 19, 2003 staff report has been read and considered along with all evidence presented at the hearing. SECTION 3. The hearing set out in the Notice of Hearing was held on May 19, 2003 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. SECTION 4. Based upon the evidence presented, including the staff report and all written and oral evidence presented at the hearing, this City Council by vote of two-thirds or more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of the following' a. The public interest and necessity require the proposed Project. b. The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. c. The property described in Appendix A is necessary for the proposed Project. d, The offer required by Government Code section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, Was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code section'7267.2(a). SECTION 5. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by City. SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of City, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Eminent Domain Law and the California Constitution; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; C, To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name .of City such proceedings in the proper court as are necessary for such acquisition; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 d, To deposit the probable amount of compensation based on an appraisal, and to apply to the court for an order permitting City to take immediate possession and use of the property for the public uses and purposes. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 19th day of May 2003. Tracy Wills Worley, Mayor ATTEST: PAMELA STOKER' CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 03-62 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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 was passed and adopted at a regular meeting of the City Council held on the day of , 200_, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao Bo Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 102052-1 (AAE Pacific Park) APN 430-251-006,011 Legal Description Parcel 102052-1 (AAE Pacific Park) APN 430-251-006,011 Temporary Construction Easements 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT ' A' LEGAL DESCRIPTION PARCEL 102052-1 (AAE PACIFIC PARK) APN 430-251-006, 011 THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS.OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS- PARCEL 1 BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS'OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40°39'07'' EAST 22.913 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS NORTH 74°49'37" WEST; THENCE SOUTHERLY ALONG SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF 3°16'48TM TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30" WEST 11.735 METERS TO TIlE POINT OF BEGINNING. CONTAINING 131.3 SQUARE METERS OR 0.013 HECTARES, MORE OR' LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. FSsurveysX2dok0103~reports\legalXaae_new_parcets.doc Sheet 1 of 3 March 26, 2003 LMH:imh PSOMAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PARCEL 2 BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 49o20'30,, EAST 51.138 METERS TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 49o20'30,, EAST 42.349 METERS TO THE BEGINNING OF A NON' TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 11°54'41,, EAST; THENCE EASTERLY ALONG SAID CURVE 14.633 METERS THROUGH A CENTRAL ANGLE OF 4°25'53,, TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40°39'12'' EAST 80.745 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS. OF ' 136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 43o22 '32" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE AND TRAVELLING SOUTHWESTERLY ALONG SAID CURVE 48.234 METERS THROUGH A CENTRAL ANGLE OF 20°13'13"; THENCE NON-TANGENT TO SAID CURVE NORTH 23o09'26,, WEST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 135.474 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 23°09'19" EAST; THENCE WESTERLY ALONG SAID CURVE 27.530 METERS THROUGH A CENTRAL ANGLE OF 11°38'35"; THENCE NON-TANGENT TO SAID CURVE SOUTH 11°41 '51" EAST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF FSsurveysX2dok0103Xreports\legal~aae_new_parcels.doc Sheet 2 of 3 March 26, 2003 LMH:tmh P$OMA$ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 136.674 METERS, A RADIAL TO SAID BEGEqN1NG OF CURVE BEARS SOUTH 11030'49" EAST; THENCE WESTERLY ALONG SAID CURVE 32.518 METERS THROUGH A CENTRAL ANGLE OF 13°37'55" TO THE SOUTHWESTELY LINE OF SAID PARCEL 2 AND THE TRUE POINT OF BEGINNING. CONTAINING 1,582.9 SQUARE METERS OR 0.158 HECTAREs, MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF, THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 9/30/04 F:\surveysUdok0103\reports\legal~aae_new_parcels.doc Sheet 3 of 3 March 26, 2003 LMH:lmh EXHIBIT "B" £ASEN~NT TO SO £DISC# PER BIt fl~l, &~ PG 45. 0.~ ' id G' ~1 , g ~ ~ ........... '~~[ ~~;~-' ' ,~.~,~Sy~:~~,,-, ~.~.-~ ~ ~ ~ ~ ~ -- -_ .............. / N ~'~ IO.~h DESCRIPTION, I.OSE PORTIONS Or LOT 65 AND LOT BO mN BLOCK I0 OF ,RVINE'S SUBDmVISION. CllY OF TusTmN, COUNTYOF ORANGE. SHEET I OF I SLATE OF CALIFORNmA. SCALE NONE DRAFTED LCU ~ CHECKED WAS may ~,, ~Av~.'ZSO DATE 07~22/02 Costo ~s~ Ca~tornlo ~76 7H/751-7373 ~rs JOB ~r~ NUMBER 2DOKO103 T4 PSOMAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 EXHIBIT 'A' · LEGAL DESCRIPTION PARCEL 102052-1 (AAE PAC~IC PARK) APN 430-251-006, 011 TEMPORARY CONSTRUCTION EASEMENTS THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED'IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SA/D COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS- TEMPORARY CONSTRUCTION EASEMENT 1 BEGINNING AT THE WESTERN MOST 'CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY'L~ OF THAT PARCEL OF LAND DESCR/BED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL REcoRDs OF· SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 49o20'30" EAST 11.735 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF .. 449.797 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 78006'24" EAST, SAD BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING NORTHERLY ALONG SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF 3°16'47" TO S.AID SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40°39'07'' EAST 12.027 METERS; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 16°18'40" WEST 8.338 METERS; THENCE S :%2 dok0103 h'eports\legal~tae._new_parcels_TCE, doc March 26, 2003 LMH :lmh Sheet 1 of 5 PSOllaAS ? $ 10 11 12 13 14 16 17 18 20 21 22 23 24 25 26 2'7 28 29 30 SOUTH 40039'07" WEST 8.962 METERS TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; TtiENCE ALONG SAID NORTHEASTERLY LINE SoLYrH 49°20'30" EAST 4.326 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 444.797 METERS, A RADIAL TO SAID CURVE BEARS NORTH 75046'59" WEST; THENCE LEAVING SAID NORTHEASTERLy LINE AND TRAVELLING SOUTHERLY ALONG SAID CURVE 20.788 METERS THROUGH A CENTRAL ANGLE OF 2040'40" TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOLrrHWESTERLY LINE NORTH 49°20'30" WEST 5.713 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 142.7 SQUARE METERS .OR 0.0'143 HECTARES, MORE OR LESS SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. TEMPORARY CONSTRUCTION EASEMENT 2 BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAH PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID_ CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON,'TOPEKA AND SANTA FE R.AILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL. RECORDS'OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 SoIzrH 49°20'30' EAST 42.857 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 131.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 04°56'17" WEST, SA_ID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING.EASTERLY ALONG SAID CURVE 27.674 METERS THROUGH A CENTRAL ANGLE OF 12°02'30" TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°20'30" EAST S:k2dok0103'xreportsqegaBaae_new_parcels_TCE.doc March 26, 2003 LMH:lmh Sheet 2 of 5 PSOI AS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 6.176 METERS; THENCE LEAVING SAID NORTHEASTERLY LINE OF PARCEL 2 NORTH 40°39'12" EAST 7.319 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 131.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 11°16'18" EAST; THENCE EASTERLY ALONG SAID CURVE 73.779 METERS THROUGH A CENTRAL ANGLE OF 32°06'13" TO A LINE PARALLEL WiTH AND 5.000 METERS NORTHWESTERLY OF THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.366 METERS WIDE); THENCE ALONG SAID PARALLEL LINE NORTH 40°39'12" EAST 52.692 METERS; THENCE NORTH 04020'46" WEST 7.798 METERS; THENCE NORTH 40°39'12" EAST 14.492 METERS; THENCE SOUTH 49020'30" EAST 10.487 METERS TO SAID NORTHWESTERLY LINE OF DEL AMO AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 40°39'12" WEST 73.217 METERS TO THE. BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.674 METERS, A'RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 43o22'32" EAST; THENCE LEAVING SAID NORTHWESTERLy LINE AND TRAVELLING SOUTHWESTERLY ALONG SAID CURVE 48;234 METERS THROUGH A CENTRAL ANGLE OF 20°13'13"; THENCE NON-TANGENT TO SAID CURVE NORTH 23o09'26'' WEST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 135.474 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 23°09'19" EAST; THENCE WESTERLY ALONG SAID CURVE 27.530 METERS THROUGH A CENTRAL ANGLE OF 1 l°38'35"; THENCE NON-TANGENT TO SAID CURVE SOUTH 11°41'51" EAST 1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH .11030'49" EAST; THENCE WESTERLY ALONG SAID.CURVE 32.518 METERS THROUGH A CENTRAL ANGLE OF 13°37'55" TO SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30'' WEST 8.281 METERS TO THE TRUE POINT'OF BEGINNING. S:k2d ok0103kreports\legalkaae_new_parcels_TCE.d o¢ March 26, 2003 LM H :lmh Sheet 3 of 5 PSOMAS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 29 3O 31 CONTAINING 951.4 SQUARE METERS OR 0.095 HECTARES MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. TEMPORARY CONSTRUCTION EASEMENT 3 BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUME~ NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE sOuTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 49°20'30'' EAST 93.487 METERS TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 49°20'30'' EAST 3.254 METERS TO THE BEGI2qNING OF A NON TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5.182 METERS, A RADIAL TO SAID CURVE BEARS NORTH 40038'04" EAST; THENCE SOUTHERLY ALONG SAID CURVE 8.141 METERS THROUGH A CENTRAL ANGLE OF 90001 '08" TO THE NORTHWESTERLY LINE OF DEL AMO AVENUE(21.366 METERS WIDE); THENCE ALONG SAID NORTHWESTELRY LINE NORTH 40°39'12" EAST 17.133 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 189.192 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 16020'34" EAST; THENCE WESTERLY ALONG SAID CURVE 14.633 METERS THROUGH A CENTRAL ANGLE OF 4°25'53" TO SAID SOUTHWESTERLY LINE OF PARCEL 2 AND THE TRUE POINT OF BEGINNING. CONTAINING 54.8 SQUAR~ METERS OR 0.005 HECTARES, MORE OR LESS SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF. S:~2dok0103\reports\legalXaae_new_parcels_TCE.doc March 26, 2003 LMH:lmh Sheet 4 of 5 PSOI IRS 6 7 8 9 10 11 12 13 14 15 THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE DIRECTION OF WALTER A. SHEEK, PLS 4838 LICENSE EXPIKES 9/30/04 DATE S:k2dok0103'xreports\legalkaae_new_.parcels_TCE.doc March 26, 2003 LMH :lmh Sheet 5 of 5 EXHIBIT"B" I.SZ~lm ELECTRICAl. ~ EASEMENT 1o so CAL ~ £DIS4~ PER Bit ~SII, ' -- ~ ~ 45. ~ ~~ '( I 1EM · I 8 PTR'8301 71 I ~ ,o.,~< I I ~' ~ ~ ,I~ , ~ I (~ ,~.~,-o,,) 4/ ~ I Z.=' ' ~ ~ ~,,.;;- .,,.~...,~ ~ .~,,~:,,-,,. Ks,t= ~, ~ ; ~ ~ j .~ ~ ..~.,~ ~ //.. - -- ~ ~,~,,. ~ . ~ .~ ,% , ~ ~., .... ~,r~~ /~; , · %_~-/~~-.~.- ~ ,.. ~[~/ , ,,,...~ ,.,. NN ---' -- a a k D[~CRIPTION: THO~[ PORTIONS OF LOT 65 AND LOT 80 IN BLOCK l0 or ~RV~.E's SUBD~V~S,O,. C~ O~ ~UST,N. COUNT~Or ORANGE. SHEET I OF I S~TE o~ CAC~ORN~. SCALE NONE DRAFTED LCM ~~ C.~CKED WAS ~87 R~ m,,,~..~ DATE 07/22/02 Co,to ~s~ Coflt~nlo 12626 ~/7~-7373 ~rs NUMBER 2DOKO103 T4 1 2 3' 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am over the age of 18; I am employed by the CITY OF TUSTIN in the County of Orange at 300 Centennial Way, Tustin, California, 92780-3767. · On April 29, 2003, I served the foregoing document(s) described as Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain by placing true copies thereof enclosed in sealed envelope(s), as follows: E3 (BY MAIL) I placed .said envelope(s) for collection and mailing, following ordinary business practices, at the business offices of the CiTY OF TUSTIN, and addressed as shown on the attached service list, for deposit in the United States Postal Service. I am readily familiar with the practice of the CITY OF TUSTIN for collection and processing correspondence for mailing with the United States Postal Service, and said envelope(s) will be deposited with the United States Postal Service on said date in the ordinary course of business. (BY FACSIMILE) I caused the 'above-referenced document to be transmitted to the interested parties via facsimile transmission to the fax number(s) as stated on the attached service list. E3 E3 (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for collection following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for collection and delivery to a courier authorized by to receive said documents, with delivery fees provided for. I am readily familiar with the practices of the CITY OF TUSTIN for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by on said date in the ordinary course of business. (PERSONAL SERVICE) I delivered such envelope(s)by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the.CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury .under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on April 29, 2003 at Tustin, California. Ceceiia Garcia Administrative Secretary