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HomeMy WebLinkAboutCC 8 QUITCLAIM 11-04-91CONSENT CALENDAR NO. 8 11-4-91 DA -1-2 ------ AGE N _-ATE: OCTOBER 29, 1991 TO: WILLIAM A. HUSTON, CITY MANAGZR FROM: PUBLIC WORKS DEPARTMENT/ENGINZERING DIVISION SUBJECT: QUITCLAIM OF PERPETUAL EASEMANT RIGHTS TO COUNTY OF ENVIRONMENTAL MANAGEMENT AGENCY ORANGE RECOMMENDATIONS: That the Tustin City Council approve the quitclaim of the City's easement rights to Parcel Two adjacent to Peters Canyon Wash in trade for an encroachment permit over the covered portion of E1 Modena -Irvine Channel adjacent to the proposed synagogue site. BACKGROUND: In September of 1983, the Irvine Company granted to the City of Tustin a perpetual easement and right-of-way for street, highway and utility purposes along Edinger Avenue (Moulton Parkway) as Parcel One and a triangular shaped parcel for access to the Peters Canyon Channel as Parcel Two. The parcel identif ied as Parcel Two provides access to the Peter's Canyon Wash Facility for the Orange County Environmental Management Agency Maintenance Forces. The City acquired this easement in 1983 to satisfy the requirements of the County permit when the City constructed the Edinger Avenue (Moulton Parkway) bridge over Peters Canyon Wash. DISCUSSION: The Congregation B'nai Israel is in the process of developing a synagogue at the northwesterly corner of Bryan Avenue and Parkcenter Drive. The El Modena -Irvine Channel, an Orange County Environmental Management Agency (OCEMA) flood control facility is located northerly and adjacent to Bryan Avenue and southerly and adjacent to the proposed synagogue site. The proposed site plan for the synagogue development requires access over the E1 Modena -Irvine Channel box culvert to Bryan Avenue. County policies do not allow the County to grant access easements across the facilities to private individuals unless the County is compensated for same at fair market value. However, the County has indicated that they could trade access easements without proceeding through a time consuming appraisal/ acquisition process. Time is of the essence for the Congregation B'nai Israel to commence construction on the Tustin Ranch site due to the sequencing of acquisition/construction loans, etc. Quitclaim of Perpetual Easement October 29, 1991 Page 2 The County of Orange has suggested that they would be willing to accept the triangular shaped parcel adjacent to Peter's Canyon Wash in trade for an encroachment permit over the covered El Modena - Irvine Channel, adjacent to the proposed synagogue site. This trade would require that the City quitclaim its easement rights in this Parcel Two. The City has no need for these easement rights to Parcel Two, as they were initially acquired for the County but never previously assigned to them. The attached quitclaim deed transfers the City's easement rights in Parcel Two to the County of Orange. rl •s�� Robert L dendecker Director of Public Works/City Engineer RL:ccg:quit Attachment RECORDING REQ' -'%TED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER- WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: -- F NAY[ Aoonase CITY a STAT[ Zap L I I J Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Quitclaim Deed The undersigned declares that the documentary transfer tax is S.................................................................................. and is ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ❑ unincorporated area ❑ city of.......................................................................................................... and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Tustin, a Municipal Corporation a corporation organized under the laws of the State of California does hereby remise, release and forever quitclaim to The Orange County Flood Control District the following described real property in the City of Tustin County of Orange State of California: All of Parcel 2 as described in a deed to the City of Tustin, recorded as document. number 83-401960 of Official Records of Orange County, California described as follows: Beginning at the intersection of the northeast line of Parcel 1 as described in the above mentioned deed with the southeast line Sof Peters Canyon Channel as described in a deed to the Orange County Flood Control District recorded in Book 6681, Page 721, said Official Records, said northeast line being a 1730.00 foot radius curve that is concave northeasterly a radial to said point bears S. 56° 41' 15" W; thence south- easterly 77.29 feet along said curve through a central angle of 20 33' 35" to a point on the non -tangent 1476.47 foot radius curve that is concave northeasterly a radial to said point bears S. 56° 29' 38" W; thence southeasterly 7.71 feet along said curve through a central angle of 0° 17' 57"; thence non -tangent N. 15° 42' 20" E. 165.63 feet to the southeast line of said Peters Canyon Channel; thence S. 46° 07' 16" W. 129.00 feet along said line to the point of beginning. All as shown on Exhibit "A" attached hereto. Dated STATE OF CALIFORNIA COUNTY OF SS. On this the __ _—__- day of _ __ 19 _, before me, the undersigned, a Notary Public in and for said County and State, personally appeared .. _.--- .. ------------_----_-- personally known to me or proved to me on the basis of satisfactory evidence to be the _ —. President, and personally known to me or proved to me on the basis of satisfactory evidence to be the Secretary of the corporation that executed the within Instrument, on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within in- strument pursuant to its by-laws or a resolution of its board of directors. • Signature of Notary FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS TO f ARTI' StIOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City 8 State SAFECO Stock No. CAL -12 (Rev. 12-82) N 20 O1. 52-,. 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