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08 FINAL P.M. 2002-237 06-16-03
AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: JUNE 16, 2003 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: FINAL PARCEL MAP 2002-237 SUMMARY: Final Parcel Map 2002-237 is a request to subdivide an existing 38.04-acre parcel into two (2) parcels to accommodate existing and future industrial development. On February 24, 2003, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2002-237 and on March 3, 2002, the City Council approved Tentative Parcel Map 2002-237 by adopting Resolution 03-29 with conditions to ensure compliance with the Tustin City Code and the Subdivision Map Act. All conditions have been fulfilled and the final map may be approved and recorded. (Owner/Applicant: Volt Development Company). RECOMMENDATION: That the City Council adopt Resolution No. 03-83 approving Final Parcel Map 2002-237. FISCAL IMPACT: Final Parcel Map 2002-237 is an applicant-initiated project. The applicants have paid applicable fees for the processing of this map. ENVIRONMENTAL: Final Parcel Map 2002-237 is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). DISCUSSION: The project site is comprised of a single, 38.04-acre parcel with approximately one million square feet of building area for warehousing, manufacturing, and office uses at 1123 Warner Avenue (Attachment A- Location Map). City Council Report Final Parcel Map 2002-237 June 16, 2003 Page 2 The applicant wishes to subdivide the site into two (2) parcels for conveyance purposes as follows: Square Footage Acres Existing Parcel 1 1,657,022.4 (gross) 38.04 (gross) Proposed Parcel 1 Parcel 2 984,891.6 (gross) 672,130.8 (gross) 22.61 (gross) 15.43 (gross) Each parcel of the subdivision would meet the development standards of the Planned Community Industrial (PC-IND) zoning district, including the minimum site area, lot width, setbacks, number of parking spaces, and driveway widths. However, the two parcels would maintain reciprocal ingress, egress, and parking and share a common driveway at the intersection of Warner Avenue and Pullman Avenue (Attachment B - Submitted Map). To ensure reciprocity and continuous maintenance of the common area, a covenant of easement with maintenance provisions has been prepared and approved by the City Attorney, which will be recorded with the final parcel map. The final parcel map is in conformance with the requirements of the Final Parcel Map, the City's Zoning and Subdivision Codes, and the State Subdivision Map Act. Staff recommends that the City Council adopt Resolution 03-83 (Attachment- C) approving Final Map 2002-237, subject to compliance with all applicable requirements to the satisfaction of the City Engineer prior to recordation. att West Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Final Parcel Map 2002-237 C. Resolution No. 03-83 S:\Cdd\CCREPOR'I'~FPM 2002-237.doc ATTACHMENT A Location Map LOCATION ,/~ = FPM 2002-237 1123 Warner Avenue "SUbdivide an.existing 38,04-acre parcel into two lots of 22.61 acres and 15.43 acres tobe consistent with approved Design Review 02-036 that authorized the demolition of 508,674 square feet of existing warehouse area, rehabilitation of 469,903 square feet of.the remaining warehouse area to be used as a warehouse with accessory offices and a showroom for a'tile manufacturer .and distributor, and to return the 14.65- acre parcel to a vacant land condition for future industrial development." ATTACHMENT B Submitted Map SHEET I OF' 3 SHEETS AL~ OF TEHTX~VE P~-~ liAP NO. 2~2-237 :' ~0~ ~A ,= 3&03 A~ES N~ ~EA - 38,51 NUMB~ED P~LS: PARCEL .MAP-NO. 2oO2-237 IN .THE CITY OF TUSTIN, .COUNTY OF. ORANGE, · STATE OF CALIFORNIA BEINGA SUBDi~SION OF PARCEL 1. AS SI-lOWell ON A PARCEL MAP RECORDED IN BOOK 28, PAGE' 40 OF PARCEL MAPS, RECORDS OF ORANGE COUNIY. WARREN W. WILLIAMS,' JR., L.S. 7038 DEVELOPMENT'RESOURCE CONSULTANTS DATE OF SURVEY: NOVEMBER, 2002 OWNERSHIP CERTIFICATE: WE 11~E UNDE:RSIGNED, BEIN0 ALL PARTIES HAV1NO ANY RECORD TITLE INTEREST iN THE LAND COVERED BY THIS MAP, 00 HEREBY-CONSENT TO THE PREPARATION AND RECORDATION O~ SAiO MAP, AS SHOWIN WITHIN THE DISTINCTIVE BORDER UNE. WE HEREBY 0RANT TO THE CITY OF TUSTIN THE FEE TITI.E TO: WARNER AVENUE AND BELL AVENUE AS SHOWN ON SAiD MAP. TUS~N. O..A .TE_WA~Y..B_U. SINE$S PAR_K, LLC, A 'CAUFORNIA LIMITED UABIUTY COMPANY aY: ~--~mL-__. BY: ~.A L ~ ..~ . WELLS FARGO BANK N.A, BENEFICIARY UNDER A DEED Of' TRUST RECORDED FEBRUARY 27, 2003 AS INSTRUMENT No. 200500022028~ OF' OFFICIAL RECORDS. PRINT TITLE: ~/IC~ ~t~',JJg~ PRINT TITLE: NOTARY ACKNOWLEDGMENT; STATE OF CAUF~RhlIA )SS COUNTY OF ORANG[ ) _.PERSONALLY KNOWN TO ME C)~ PROVED TO ME ON THE BAaS OF SATISFACTORY EVIDENCE TO e£ THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME mAT HE/~ EXECUTED THE ~MdE IN HIS/H~ AU'~IORIZEO CAPACITY. AND THAT BY HIS~I~ SIGNAltJRE' ON. THE INSTRUMENT THE PERSON. OR THE ENTtTY UPON 'BEHALF OF WHICH THE PERSON ACTE0. EXECUTED THE INSTRUMENT. WITNESS MY~.. · . . SIGNATURE I ~r' - - MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBI~-IR AND ~r~R~'~'/~T'~TATE I$ IN~)v'~-.~z_ COUNTY. j. (PRINT ~NOTARY ACKNOWLEDGMEHT; STATE OF CXUr~N~^ ) ') SS COUNTY OF ORANGE ) ON. THIS ~'..~--.-~. ' OXy OF ~ ,1~. 7 ,2o03. BEFORE ME. ..~. ~. * ' *' ': PERsONALL:y 'KNOWN TO ME* OR PROVED* TO ME ON THE BASIS OF SATISFACTORY EVIDENCE- TO:BE *THE PERSON WHOSE"N.,~AIE .IS SUBSCRJBEO TO THE MTHIN INSTRUMENT AND ACKNOWLED.OE0 TO ME THAT HE/SHE EXECUTED THE SAME IN HIS,/~ER =AUTHORIZED*.C/UaACITY, A~D THAT BY HIS/HER SIGNATURE C~l THE INSTRUMENT THE. PERS .0H~: OR. TRE ENTITY UPON BEHALF OF WIllCH THE. PERsoN ACTED EXECUTED THE INS:I'RUMEHT, . . ' ' . . WITHESS.~IY H&RD:" . _/3./] SIONATUI~ 4~'"~~'~l~-~""w MY PRI~ICIpAL. PLAC, F~OF__BUSINESS NOTARY PUBLIC IN' AND FOR/SAiD STATE IS I1~ ~,~/ ?l~//_a~"Z~ COUNTY. (PRINT HAME) NOTARY ACKNOWLEDGMENT; STATE OF CAUEORNIA SS ON ~s 5'/'h DAY OF M~,/ 2O0~. B~OR~ PERSONALLY KNOWN TO ME ~--~ 7~C,,~D ~ ~,~.'"~CT~'I: -";;GE;~C~' TO BE THE PERSON WHOSE NAME I$ SUBSCRIBED TO THE V~THIN INSTRUMENT AND ACKNOWLEODE0 TO ME THAT HE,/~ EXECUTED THE SAME IN HIS/e~C'R AUTHORIZED CAPACITY. AND THAT BY HIS/I~ SIGNATURE ON THE INSTRUMENT TH[ PERSON,. OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. eT.ESS MY~:~/..0:. _. ~-~:C) / ' SIGNA~RE ,,~.~.~.~;~,, MY Pm, CIPAL'PLACE OF BUsiNESS .OTARY .UBUC ,. AND ~Oe S~D STATE ~S IN ~0--'a_azg~BU~5 cOU.Ty. NOTARY ACKNOWLEDGMENT; STATE OF CNJFORNIA ) COUNTY 'OF ME, · PERSONALLY KNOWN TO lie ~ ."."~',~7.. T~ .;,;~. C; T; -" ~_'~ ~-~_.'.T:_'~. ;.~T~.'~.'.' "'.'.$":::== TO BE ~ PERSON WHO,S[ NAME iS SUBSCRIBED TO THE · ITHIN INSTRUMENT ANO ACKNO~t.L~ TO ME THAT ~IE-/SHE i"r,X[CUTED THE SAME IN ~4~iL~pER AUTHORIZED CAPACITY, AND THAT BY 4,#~,/1tER .SIOHATURE ON. THE INSTRUliENT ERSON, OR THE EHTITY UPON BEHALF OF WHICH THE PERSON ACTED. EXECUTED THE INSTRUMENT. ~THEss liY~!:~... '~,C~ / ' SIGNA~RE 7Z:~.~. r~.~e~,~ , MY e~Nc~ PLA~ c~--USINESS NOTARY PUBUC IN AND F'O~ SAID STATE IS IN ~ COUNTY. (PRINT NaJ~) Commi~ ~o, . , Acc~'P% AND. ~L~o AT THE REQUEST OF DATE. fiqSTRUMENT t. BOOK PAGE ~ TOM DALY COUNTY CLERK-RECORDER BY_ ' . DEPUTY SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ~ OR UNDER MY DIRECTION AND IS BASED UPON k FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIMSION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF' VOIT ACQUISITION COMPANY. LLC ON NOVEMBER 2002. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS ON OR BEFORE APRIL 9, 2004:; AND THAT SAiD MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE mAT THIS PARCEL MAP SUBSTANTIALLy CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. WARREN 'W. WILUAM$, L.S. HO.' ?058 MY REGISTRATION EXPIRATION' DATE 9/50/06 CITY ENGINEER'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS. MAP AND HAVE FOUND iT TO BE SUBSTANTIALLY IN. CONFORMANCE' IMTH THE TENTATIVE MAP, IF REQUIRED, AS RLED WITH, A~ENDED AND APPROVE. D BY THE CITY PLANNING CO~4lilSSlON; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CiTY SUBOI~ISION R£0ULATIONS HAVE BEEN COMPLIED ~ITH AND THE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED TO BY THE COUNTY SURVEYOR. DATED THIS DAY OF .2003. TIM O. SERLET. R.C.E. 28730 PUBUC WORKS 'DIRECTOR/ CITY ENGINEER OF THE CITY OF TUSTIN REGISTRATION- EXPIRES 9/,30/06 COUNTY SURVEYOR'.S .STATEMENT; I HEREBY STA~ THAT.I, HAVE EY, AlilNED THI~ MAP AND HAVE '~'0UNO THAT 'ALL MAPPING PRovISIoNS 'OF..I:HE SUB01~*ISION MAP ACT HAVE BEEN COMPUED WITH AND AM' SATISFIED SAID, MAP IS. TECHNICALLY CORRECT RELATIVE TO THE PARCEL 'MAP BOUNDARY. DATED THIS DAY OF , 200~. JOHN CANAS, COUNTY SURVEYOR LS 4408 E~:qRATIGN DATE: 9-50-05 COUNTY .TREASURER-TAX COLLECTOR'S CERTIFICATE: - STATE OF CALIFORNIA ) )ss COUNTY OF OR.SE ) £ HEREBY CER~IIFY TItAT ACCORDING TO ,THE RECOt,~DS.OF MY.0FEICE~ .THERE A~E' NO STA~. C~N~:"MUNI~ ~ L~AL *T~ ~E~ A~S~EN~:'~LEC~D'~ · ~D DO CER~FY TO ~E .REC~DER ~ 0R~ C~NTY THAT ~E SUBDIM~ M~ ACT HA~ BE~ ~PUED PA~ENT ~ TA~ ~ ~[OAL A~S~ENTS C~C~D CO.ED BY ~IS DATED ~ DAY ~ 2005. .. JOHN M. W. MOORLACH BY: COUNTY TREASURER-TAX COLLECTOR DEPUTY TREASURER~-TAX COLLECTOR CITY CLERK'S CERTIFICATE; STATE OF CAUFORNIA/ ISS COUNTY OF ORANGE ) I HEREBY CERTIFY THAT THIS liAP WAS PRESENTE0 FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF' TUSTIN AT A REGULAR MEETING THEREOF HELD ON THE DAY OF' . 2003. AND THAT THERELII~ON SAID COUNCIL DID. BY AN ORDER DULY PASSED AND ENTERED. APPROVE SAJD MAP AND DID ACCEPT ON BEHAlae 'OF THE CITY OF TUSTIN FEE TITLE TO WARNER AVENUE AND BELL A~[NUE AB GRANTED HEREON. AND DID ALSO APPROVE SAiD MAP PURSUANT TO THE PROVISIONS OF SECTION Oa4,~(o)(3XA)(C) OF THE SUBDI~SION liAp ACT. 0ATED TH~S ___ OAY OF 2O0~. PAMI~I · ~l't'L,~ktVn CITY CLERK OF THE CITY OF TUBTIN SIGNATURE OMISSIONS; PURSUANT TO THE PROVISIONS OF SECTION 66456(o)(5XA)(C) 01~ THE SUBDM$1ON MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OlilTrE0: THE COUN1Y OF ORANGE HOLDER OF AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES RECORDED IN BOOK 29~, PAGE 271 OF DEEDS (S~J0 EA..~ENT CANNOT BE PLOTTED FROM RECORD) AND HOLDER OF AN' EASEMENT FOR PEPERUAL NR OR .FLIGHT RECORDED biARCH 17, 1984 IN BOOK 8965 PAGE 721, OFFICIAL RECOROS (SN0 EASEliENT IS BL~KEr IN NATURE AND tS NOT PLO1TED HEREON). SOUTHERN CALIFORNIA EDISON COMPN~IY HOLDER OF EASEliENTS FOR PUBUC UTILITIES RECOROED IN BOOK 6.598. PAGE 885; RE~ORDED IN BOOK 13367, PAGE 8 AN0 AS INSTRUliENT NO, 91-001 ?07. ALL OF' OFFIC~ RECORDS. THE CITY OF TUSTIN HOLDER OF AN EASEMENT FOR ROADS AND INCIDENTAL PURPOSES RECORDED iN BOOK 8651, PAGE 188 AND HOLDER OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES RECORDED NOVEMBER 18, 1970 IN BOOK 9461. PAGE ..324, BOTH OF OFFICIAL COUN"rY SAIqlTATION DISTRICT No. 7 HOLDER OF AN EASEMENT FOR SEWERS AND INCIDENTAL PURPOSES RECORDED IN BOOK 9016. PAGE 222 OF OFFICIAL RECORDS. IRV1NE INDUSTRIAL COliPLEX HOLDER OF OiL, OIL RIGHTS, MINERALS MINERAL RIOHTS, NATURAL OAS, NATURAL OAS RIGHTS, AND OTHER HYDROCARBONS PER DEEO RECORDrn JUNE 1. 1970 IN BOOK 9.304. PAOE ,324, O.R. SHEET 2 OF .3 SHEETS ALL OF TENTAI1V~ PARCEL MAP NO. 2002-237 GROSS AREA - ~8.0~ ACRES NET AREA - 36.51 ACRES NUMBERED PARCELS: 2 PARCEL MAP NO. 2002-237 IN THE CITY OF TUSTINo COUNTY OF ORANGE, STATE OF CALIFORNIA WARREN W. MLUAMS, dR., CS. 70,)8 DEVELOPMENT RESOURCE CONSULTANTS DATE OF SURVEY: NOVEMBER, 2002 MONUMENT NOTE; · INDICATES FOUNB O.C.S. HORIZONTAL CQNTROL STATION AS NO'[ED, QOCS GPS 1~6528 N=220Bog7,506 E=8080583.577 FO PUNCHED HEX BAR DOWN 1,34' IN WELL MONUMENT. STATION IS LOCATED AT CENTERLINE INTERSECTION OF RED HILL AVE. AND VALENCIA AVE. PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. GOES CPS j~6529 N=2206095.606 E=607866~,.355 FOUND PUNCHED 3" O.C.S. BRASS DISK DOWN 0.90' IN WELL MONUMENT. STATION IS LOCATED AT CENTERLINE INTERSECTION OF RED HIM. AVE. AND WARNER AVE. PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SEARCHED, NOTHING FOUND. ESTABLISHED AT RECORD OISTANCE FROM FOUND MONUMENT. Q FOUND iRON PIPE LS 3246 PER R3 2' G FOUNDS&:W LS 3246 PER R3 Q FOUNDSa, TIN, NO REF. Q FOUNDSPIKE W/BRASS WASHER, NO REF. Q FOUNDSPIKE PER R2 Q FOUNDPK NAIL AND TAG PER CITY OF SANTA ANA ~E NOTE BOOK 7, PAGE 295. SEARCHED, NOTHING FOUND. ESTABLISHED AT RECORD DISTANCE ALONG THE CENTERUNE OF WARNER AVENUE FROM FOUND MONUMENT AT THE INTERSECTION OF WARNER AVENUE AND PULLMAN STREET. SEARCHED, NOTHING FOUND. ESTABUSHED AT RECORDDISTANCE ALONG THECENTERUNE OF WARNER AVENUE FROM THE INTERSEC~ON OF PULLMAN STREET PER RI. SEARCHED, NOTHING FOUND. ESTABUSHEO AT RECORD DISTANCE FROM ESTABLISHED CORNER TO THE SOUTHWEST. Q SEARCHED, NOTHING FOUND. ESTABUSHED BY INTERSECTION. QFOUND SPIKE AND CI~Y OF SANTA ANA TAG PER CORNER RECORD No. 2000-660 FOUND SPIKE AND CITY OF SANTA ANA TAG. FITS TIES PER CORNER RECORD No. 2000-661. ACCEPTED AS ON CENTERLINE OF PULLMAN STREET (~) FOUND SPIKE AND CITY OF SANTA ANA TAG PER CORNER RECORD No. 2000-673 ·INOICATES FOUND MONUMENTS AS NOTED 2' I.P. TAGGED 'LS 7038', OR SPIKE ANO WASHER 'L$ 7038', OR LEAD, TACK AND TAG "LS 7038' TO BE SET AT ALL TRACT BOUNDARY CORNERS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS, UNLESS OTHERWISE NOTED. 1' I.P. TAGGED 'LS 7038', OR SPIKE AND WASHER 'LS 7038", OR LEAD, TACK AND TAG 'LS 7038" TO BE SET AT ALL CORNERS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS, EXCEPT B.C.'s, E.C.'s AND P.C.C.'s WHICH ABUT A STREET AND ARE NOT LOT CORNERS MARKING SIDE LOT UNES, ALSO EXCEPT AT FRONT LOT CORNERS SET LEAD, TACK AND TAG 'LS 7038" IN TOP OF CURB ALONG PROJECTED SIDE LOT UNE, UNLESS NOTED OTHERWISE. SPIKE AND WASHER 'LS 7038" TO BE SET AT ALL STREET CENTERLINE POINT OF CONTROL WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS, UNLESS OTHERWISE NOTED. EASEMENT NOTE ] THE FACT THAT THE OWNERSHIP OF SAiD LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY, SAID RIGHTS HAVE BEEN RELINQUISHED TO THE STATE OF CALIFORNIA BY INSTRUMENT RECORDED IN BOOK 6009 PAGE ¢27, OFFICIAL RECORDS. ] FOR EITHER OR BOTH POLE UNES, CONDUITS AND INCIDENTAL PURPOSES, ASSET EASEMENT FORTH IN AN INSTRUMENT RECORDED IN BOOK 6596, PAGE 885 OF OFFICIAL RECORDS. ] EASEMENT FOR ROAD AND INCIDENTAL PURPOSES AS SET FORTH IN AN INSTRUMENT RECORDED IN BOOK 8651, PAGE 188 OF OFFICIAL RECORDS. ] AN EASEMENT FOR SEWERS AND INCIDENTAL PURPOSES AS SET FORTH IN AN INSTRUMENT RECORDED IN BOOK 9016, PAGE 222 OF OFFICIAL RECORDS. ] A PERPETUAL EASEMENT FOR STREET AND HIGHWAY PURPOSES GRANTED TO THE CITY OF TUSTIN BY A DEED RECORDED NOVEMBER 16, 1970 IN BOOK 9a,61, PAGE 324, OF OFFICIAL RECORDS. ] AN EASEMENT FOR UNDERGROUND UNES AND INCIDENTAL PURPOSES, AS SET FORTH IN AN INSTRUMENT RECORDED IN BOOK 15367, PAGE 8 OF OFFICIAL RECORDS. ] AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR COMMUNICATION AND INCIDENTAL PURPOSES, A CORPORATION AS SET FORTH IN AN INSTRUMENT RECORDEO JANUARY 2, 1991 AS INSTRUMENT NO. 91-001107 OF OFFICIAL RECORDS. DATUM STATEMENT; COORDINATES SHOWN HEREON ARE BASED UPON THE CAUFORNIA COORDINATE SYSTEM (CCS83) ZONE V~, 1983 NAD, (1991.35 EPOCH OCS CPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TOO~TAIN GRID DISTANCES MULTIPLY THE GROUND DISTANCE BY 0.99997832. BASIS OF BEARINGS;; BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN 0. C.$. HORIZONTAL CONTROL STATION CPS No. 6529 AND STATION CPS No. 6528 BEING NORTH 40'37'39' EAST PER RECORDS ON RLE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. RECORD DATA REFERENCE R1 = PARCEL MAP P.M.B. 28/40 R2 ,= ~ACT No. 11291, M.B. 490/14-15 R3 = PARCEL MAP P.M.B. 74/27-28 R4 = PARCEL MAP P.M.B. 10/30 R5 = TRACT No. 10707, M.B. 485/6-7 R6 =, TRACT No. 5771, M.D. 210/39-41 R7 - PARCEL MAP P.M.B. 109/48-¢9 SHEET 5 OF 5 SHEETS ALL OF TENTATIVE PARCEL MAP NO. 2002-237 GROSS AREA - 313.03 ACRES NET AREA ,- 56.51 ACRES NUIdSERED PARCELS: 2 I R-50.O0' L~O.01' PARCEL MAP NO. 2002-237 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA WARREN W. MLUAUS, JR., I.S. 7038 DEVELOPMENT RESOURCE CONSULTANTS DATE OF SURVEY: NOVEMBER, 2002 PARCEL MAP M.B. 74/~7-~8 N4g'21*40'W 1274.~1' (1274.79' RI) 5~2.17' (5~2.21' ~) 2~'4.21.75' (4.21.~' N4~21'26~ 1,30.00' PARCEL 1 21.88 ~ AVB4UE R/s ?e/z4 $23.5a' 480°00' VN.,ENCIA AVENUE N4~?.2'16'~f II PARCEL 2 14.8,I L2 N40'39'la'E: I,,5 N40'39' 16"E 79.25 PN~C(L 1 I~____~m.m' (~)-- N.T.S. SEE SHEET 2 OF 5 FOR MONUMENT NOTES. EASEMENT NOTES. DATUM STATEMENT. BASIS OF 8[ARINOS AND RECORD DATA REFERENCE. N4.g"20'44'W · %/ IL=67.04' 52~.18' 2~.1 l"~j~ ~' TUSTIN SANTA ct: (25g&Ol' R4) ATTACHMENT C Resolution No. 03-83 RESOLUTION NO. 03-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 2002-237 TO SUBDIVIDE AN EXISTING 38.04-ACRE PARCEL INTO TWO (2) PARCELS TO ACCOMMODATE EXISTING AND FUTURE INDUSTRIAL DEVELOPMENT, AND FOR CONVEYANCE PURPOSES. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. Final Parcel Map 2002-237 to subdivide an existing 38.04-acre parcel into two (2) parcels to accommodate existing and future industrial development, and for conveyance purposes, located at 1123 Warner Avenue, was submitted by Voit Development Company for consideration; Bo The Planning Commission recommended that the City Council approve Tentative Parcel Map 2002-237 on February 24, 2003, and the City Council approved Tentative Parcel Map 2002-237 on March 3, 2003; C. The proposed subdivision is in conformance with the Tustin Area General Plan, Tustin Zoning Code, State Subdivision Map Act, the City's Subdivision Code, and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element; D. The site is physically suitable for the type of development proposed; E. The site is physically suitable for the proposed density of development; F. The design of the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; Go The types of improvements proposed are not likely to cause public health problems; Ho Reciprocal access for parking, ingress, and egress at an existing intersection at Warner Avenue and Pullman Avenue and continuous maintenance of the common area will be ensured through a covenant of easement with maintenance provisions approved by the City Attorney, which will be recorded with the final map; All necessary easements and dedications have been shown on the map and associated improvements have been installed; and, City Council Resolution No. 03-83 Final Parcel Map 2002-237 June 16, 2003 Page 2 Jo Final Parcel Map 2002-237 is Categorically Exempt (Class 15) from the provisions of the California Environmental Quality Act pursuant to Section 15315 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The City Council hereby approves Final Parcel Map 2002-237 to subdivide an existing 38.04-acre parcel into two (2) parcels to accommodate existing and future industrial development, and for conveyance purposes, located at 1123 Warner Avenue. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 16th day of June 2003. Tracy Wills Worley MAYOR PAMELA STOKER CITY CLERK City Council Resolution No. 03-83 Final Parcel Map 2002-237 June 16, 2003 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-83 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of June, 2003 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNClLMEMBER ABSENT: PAMELA STOKER CITY CLERK MONUMENTATION AGREEMENT This agreement made and entered into this //~¢' '/'''~ day of between "~"$~ ~-;,~~ /~'¢.,,-~,~ ,/¢2¢-,-,,'~,(Z:C ~/'/.¢.,~~ , 200~:x by and hereinafter referred to as "Subdivider" and the City of Tustin, a municipal corporation, hereinafter referred to as "City". WHEREAS, Subdivider has prepared and offered to City for acceptance a final map of Parcel Map No. 2002-237 and WHEREAS, Section 66495 of the Government Code requires that tract monuments be set by Subdivider before recordation of a final tract map or that Subdivider contract for and bond such obligations. NOW, THEREFORE, Subdivider hereby agrees to furnish and install all monuments for Parcel Map No. 2002-237 on or before ~ ¢.~/.2., 200~, ~n accordance with the provision of law, ,f and furnishes a bond/cash in the sum of six hundred fifty and 00/100 dollars ($650.00). APPROVED AS TO FORM: CITY ATTOR!~'¢' ¢/ 0 BY: CITY OF TUSTIN MAYOR ATTEST: BY: BY: SUBDIVIDER: 7~..~/G;,~,~-z'/"~-.~,'~,~'--~/-'~ ~)avi:~'Allison Executive V ratin.q Officer Robin Rousselet Chief Financial Officer & Secretary City Clerk/Deputy S:\Katy\Bonds & agreements\PM 2002-237ffvlonumentation Agreement.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of [~lrtJ .~.5 ~ On ¢Ct~ 2--°1 Date personally appeared Name and ~tle of Offi~r ~.g., "Jane Doe, No~a~ Public") Name(s) of Signer(s) ~ersonally known to me ~ proved to me on the basis of satisfactoq evidence to be the person~')"whose name(~)" is/a~'e subscribed to the within instrument and acknowledged to me that he~y executed the same in his~ authorized capacity(je~), and that by his/.hedtfTe~ signature(,~r) on the instrument the persor,.(~, or the entity upon behalf of which the person.(,s')' acted, executed the instrument. WITNESS my hand and official seal. ~ature of o ary ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ['~O I~ ~ ~..~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~'-~_,~L~I/' l' ~ _~[ I ~ 5~)Y"t [] Individual '~'Corporate Officer -- Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1999 National Notary Association · 9350 De Soto Ave,, P.O. Box 2402 · Chatsworth, CA 91313-2402 · www. nationalnotary, org Prod. No. 5907Reorder: Call Toll-Free 1-800-876-6827 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUN o. '~. O~s~ ~'~ ~_._~'~--~ d ay of /"D/¢-,~ 200..~,, before me, . ~ , Notary Public, personally appeared Name(s) of Signer(s) personally known to me- OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they e. xecuted the same in his/her/their authorized capacity(ies), and 'that by his/hedtheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. NOTARY SEAL Signature o~r Nc~t~-y CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Individual(s) Corporate_ , Officers ~//-/E"'F F/,c,,/jI.,Md/.,¢/_. ~,F-~IC...E~' Title(s)/~. ~ ,j~ .~ E ~ ~'~/V' Partner(s) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: Page 1 of 1 Lee, Katy From: Lake, Lynn Sent: Tuesday, June 03, 2003 9:34 To: Lee, Katy Subject: Tustin Gateway Business Park Hi Katy, The number for Tustin Gateway Business Park - PM 2002-237 is: 50 000 2604/920800...thanks! City of Justin 3QB Centennial Way fustin, CA '-]2185 Monday June ~, ~ aeeeipt No. ~l~F7~) IHI~ 15 ~l ~ ORIBl~ ~lPl, FHIS IS ~ ~Y, I:~ PM DE.VdSllS - EllHER 650. rotal 658. Payment: Check E~. # 5~ Cash: Chanqe: Customer: IUSIIN~IE~Y BUSINESS Cashier: mari Stat FIN 06/04/2003 SUBDIVISION AGREEMENT THIS AGREEMENT, made this /~' ¢~ day of ~ , 20(~,~by and between the CITY OF TUSTIN, a municipal corporation, herein called "CIT'f("/and ~~¢...r..~ ~'~-'~ ~:~E' , herein called "SUBDIVIDER". WlTNESSETH That in consideration of the City's approving the Final Map of Parcel Map No. 2002-237, the Subdivider hereby agrees to comply with all requirements of Chapter 3 of Title 9 of the Tustin City Code and to furnish and install all sidewalks, curbs, grading, paving, street light poles, sewer mains with sewer laterals, domestic water system, trees and other improvements in said subdivision without any cost to the City, all in strict accordance with the Ordinances of said City, and with the Plans and Specifications to be approved by the Tustin City Engineer, and all work to be done to the satisfaction of the Tustin City Engineer. Subdivider shall furnish a bond, or bonds, to guarantee his faithful performance of this Agreement and payment for materials, equipment and labor used in doing said work. Subdivider agrees that said work shall be completed within one (1) year of the date hereof and guarantees and warrants that for a period of one (1) year following completion and acceptance by the City that said improvements shall be free of any defective work or labor done or defective materials furnished. APPROVED AS TO FORM: CITY OF TUSTIN CITY ATTORNEY ATTEST: C1~¢ CLERK/DEP BY: MAYOR BY: D~ivi'~ Allison Executive Vi~~ent &Chi¢f Operating Officer Titly BY: Roloin~o~~/' I ',,J Chief Financial Officer & Secretar7 - / ADDRESS S:\Katy\Bonds & agreements\PM 2002-237\Subdivision Agreement.doc ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ~ ~-¢ //r~/_o~'-/_F--< ,) On this o~g:'~''/:~ day of ~']~ 200~_, before me,F'/~-,,~/~ "-~~ ~ ~-. , Nptary Public, personally appeared. l(iam~f Signer(-~ personally known to me- OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. NOTARY SEAL CAPACITY CLAIMED BY SIGNER: Si,~nature/o~ ?taT-y SIGNER IS REPRESENTING: Individual(s) Corporate " Officers ~ # ~ E"/~ /~/4,,.¢a/~:/.4/- ~,~/~/~/L~'-/~ Title(s) ~ ,;~ 2:> ~ E'-<~/~ET:.'f~/v Partner(s) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared /'-'~a.~r~ ~z_~_2 } ss. - -- - Name and ~tle of Office~ (e.g., "Jane Doe, ~ota~ Public") Name(s) of Signer(s) ~ersonally known to me ~ proved to me on the basis of satisfacto~ evidence to be the person(s')"'whose name(~'~is/a.~e subscribed to the within instrument and acknowledged to me that he/chc/thcy executed the same in h is/hed'the~ authorized capacity(.ies), and that by his/~ signature(,s')'on the instrument the person~, or the entity upon behalf of which the person.(,s')" acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: (.__~c.-~J; V ~'.~ ~ I'~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ' _'"~V'~ /~ Corporate Officer -- Title(s): Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1999 National Notary Association · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 · www. nationalnotary, org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Executed in triplicate Premium: $100.00/annum Parcel Map No. 2002-237 Bond Amount. $2,500.00 Bond No. 929268813 Expiration Date 1 year after completion or acceptance SUBDIViSiON WARRAN/Y BOND WHEREAS, the City Council of the City of Tustin, State of California, and /~-~ ~ ~--~7~~/,~.~.._~;.~ ~ ~-~:'C ,., hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated'~,/~,~f~./~:~' ~ , 200.~and identified as project Parcel Map No. 2002-237, is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to guarantee and warrant that said improvements shall be free of any defective work or labor done or defective materials furnished for a period of one (1) year after completion or acceptance by the City of Tustin (hereinafter called "Tustin"). NOW, THEREFORE, we, the principal, and Western Surety Company as surety, as held and firm bound unto Tustin in the penal sum of two thousand five hundred and 00/100 dollars ($2,500.00) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement regarding the guarantee and warranty of said improvements as aforementioned and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Tustin, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured and in addition to the fact amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Tustin in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work performed thereunder or the specifications accompanying the same shall in anywise affect change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In Witness whereof, this instrument has been duly executed by the principal and surety above names, on the 23rd day of Ma), ,2003 (SEAL) By: PRINCIP_AL: ~--"~~ ~-z~.~.~.,,~_.~.~,.¢..~~.~-~-c'- - ,,,."~t~r"f../ Dav~dAllison .... ~ \ Executive Vic.~C~iden~j & Cl~ief Operatin,q Officer Title~ Robin Rousselet Chief Financial Officer & Secretary (SEAL) By: Western Surety Company SUR~ APPROVED AS TO FORM: CITY ATTORNEy/~ ~ Mechelle Larkin, Attorney-in-fact P.O. Box 5077 Sioux Falls~ SD 57117-5077 ADDRESS APPROVED AS TO CONTENT: CITY ENGINEER S:\Katy\Bonds & agreements\PM 2002-237\Subdivision Warrnty Bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oranqe On I~,A¥ 2 ~ NO3 before me, Kathy R. Mair, Notary Public , NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC DATE personally appeared Mechelle Larkin NAME(S) OF SIGNER(S) [] personally know to me - OR - I"1 proved to me on the basic of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. StG,b~TURE OF NOTARY OPTIONAL-'---- --- -- -'' ' ' ...........m....m...------~-------- --m----''' '''''''' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT F"l INDIVIDUALS I-'1 CORPORATE OFFICER TITLE(S) I-I PARTNER(S) [] I'~ ATTORNEY-IN-FACT I"1 TRUSTEE(S) D GUARDIAN/CONSERVATOR I'"1 OTHER: LIMITED GENERAL TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE krm (5/2001) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of ('3_/~/...! ~=~ ~ V~ ( Y~ County of Z~ ~2~ E~~ be o e me, . ~ ~ NAME, NE DOE, NOTARY PUBLIC" personally appeared ~ ~ ~ ~ ~' ' ~ ~AME(S) OF SIGNER(S) ersonally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/are e: --'i ,'l~'r'-rnl~ Comrniss~n · 136544g ~ ~ ~ Notm~ Public-- ~alifomia ~ subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) ~ PARTNER(S) ~-~ LIMITED ~ GENERAL ~ ATTORNEY-IN-FACT [-'] TRUSTEE(S) ~ GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION ° 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of On IT]~., 2_.~1 ~ ~__oo~ before me, ~h. ~ ;..~,,~.~,F~.~.,~,~ , .~/~,~,.~ ~ DATE ~ NAME, TI LE OF ~FICER - E.G., "~AN~ DOE, NOTARY PUBLIC" ' personally appeared '~v; ~ .~li~ , NAME(S) OF SIGNER(S) personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(~ whose name~)is/~ subscribed to the within instrument and ac- knowledged to me that he/~y executed the same in his/~ir authorized capacity~, and that by his~r ~~ ~~ -- ~ signature~ on the instrument the person~, ~~~.~~~7 or the entity upon behalf of which the person~acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) ~ PARTNER(S) ['--] LIMITED ['--] GENERAL ~ ATTORNEY-IN-FACT ~ TRUSTEE(S) [--1 GUARDIAN/CONSERVATOR [--~ OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Wesl:ern Surety Company A Subsidiary of CNA Surety Corporation POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Man By Those Presente, That WESTERN SURETY COMPANY, a South Dakota r, orporation; i~ a duly organized end existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute end appoint Irene Lau, Kathy R. Mair, Mechelle Larkin -individually- · of New~ort Beach, California its true and lawful Attomey{s}-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of sim;I-r nature -Unlimit:ed ~no~t:$- and to bind it thereby as fully and to the sarne extent as if auch instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed on this 2nd day of Decen~er , 1999 . State of South Dakota[ County of Minnehaha WESTER_~~~T~.C ~' Stephen T. Pate, President On this 2nd day of December ., 1999 h~fore me personally came Stephen T. Pate, to me known, wino, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires [/~NOTa. RY I.U~I.JC/~ November 30, 2000 ,,~,,~...,,,~ ::.~_~..=~ D. Krell, Notary Public CERTIFICATE . I, L. Nelson, Assiatant Secretary of WESTERN SURETY COMPANY do heraby certify that the Power of Attorney hereinabova set forth is atill in force, end further certify that the By-Law of the corporation printed on the reverse hereof i~ still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the s~id nn .r~nr~tinn ~ of May 23, 2003 , · O WESTER SURETY COMP'ANY ~, Assistant Secretary Form F4280 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY: This Power of Attorney is made end executed pursuant to and by suthor'~y of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings; Powers of Attorney, or other' obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other o.fficers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have author'm/ to ~ssue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAl, PARTICIPATION IN PAYMENT OF TERRORISM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 EXecuted in triplicate Parcel Map No.2002-237 Bond Amount ~11,500.00 Bond No. 929207449 Premium: $276.00/First 2 years LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Tustin, State of California, and ~_~zw~~ _/~._~,'e'~ t ,/~,~, ~Z~ ~ (hereinafter designated as "Principal") have entered into an agreement whereby principal a~rees to install and complete certain designated public improvements, which said agreement dated ~/~' ~--~, 200..~and identified as project Parcel Map No. 2002-237. is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Tustin to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Tustin and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement are referred to in the aforesaid Civil Code in the sum of eleven thousand five hundred and 00/100 dollars ($11,500.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including attorney's fees, incurred by the City of Tustin or any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns, in any suit brought upon this bond, subject to the priority of City. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named on the 23rd day of May ,2003. (SEAL) PRIN, CIPA~L: '7~~ ~-~y~~4 Cx.~ ~ By: D~vidAIlison Executive Vice ~r-e_$id_~t'~ Chief qperating Officer By: Robin Rousselet Chief Financial Officer & Secretary (SEAL) APPROVED AS TO FORM: CITY ATTORNEY By: Western Surety Company SUR~ ,_ Mechelle Larkin, Attorney-in-fact P.O. Box 5077~ Sioux Falls, SD ~7117-5077 ADDRESS APPROVED AS TO CONTENT: CITY ENGINEER S:LKaty~Bonds & agreements~PM 2002-237~Labor and Materials Bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California Oranqe On MAY 23 2003 DATE personally appeared before me, Mechelle Larkin [~] personally know to me - OR - Kathy R. Mair, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC NAME(S) OF SIGNER(S) I"1 proved to me on the basic of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the .. entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER I-I INDIVIDUALS r"l CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) r"l PARTNER(S) [] r'~ ATTORNEY-IN-FACT [-I TRUSTEE(S) I-! GUARDIAN/CONSERVATOR I'"1 OTHER: LIMITED GENERAL TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) krm (5/2001) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of ~/CZ../f=~/~ ,A/! ~f County of ,/- ~ /~/v/G;z---~ On f~'~' -~ ~', ~;~1~ ~:, before me, DATE( ,, NAME, TITLE Of OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared ~t~//~ ~5~ffi NAME(S) OF SIGNER(S) ~ personally known to me - OR - I--1 proved to me on the basis of satisfactory evidence to be the person(,e-)-whose name(e) is/a-Fe subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/he.r-C-t,~e~ authorized capacity(-i.es), and that by hisLEacLth~ir signature(e-), on the instrument the person(e-), or the entity upon behalf of which the person(e-)- acted, executed the instrument. WITNESS my hand and official seal. - / /SlG~URE OF NOTARY ~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER I'--I INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) ~ PARTNER(S) ~ LIMITED [~] GENERAL [--1 ATTORNEY-IN-FACT [~ TRUSTEE(S) r--] GUARDIAN/CONSERVATOR [~ OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of ~ro~ ..J On r~,.~ 2__~) , 2.~,~2.~ before me, ~.~'L DATE NAME, TITLE OF OF~:ICER - E.G., "J~,NE DOE, NOTARY PUBLIC" personally appeared J~"~v'~'J .~. ~l,'~:~r~_ , ,p NAME(S) OF SIGNER(S) ersonally known to me - OR - J-'-] proved to me on the basis of satisfactory evidence to be the person(,s-')' whose name/rs') is/a-r.e. subscribed to the within instrument and ac- knowledged to me that he/~"m~they-executed the same in his~ authorized capacity(je-S~, and that by his/l:m-r-,Lt-h~r signature(~on the instrument the person(s)', or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. ~ ' sIGN-'~TuR~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER E~] INDIVIDUAL ~1 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [--] PARTNER(S) [] LIMITED [~ GENERAL r-~ ATTORNEY-IN-FACT J--] TRUSTEE(S) E~ GUARDIAN/CONSERVATOR [~ OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Executed in triplicate Parcel Map No. 2002-237 Bond Amount $23,000.00 Bond No. 929207449 Premium: $276.00/First 2 years FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Tustin, State of California, and ~--'~,~ ~-¢Z/~ /~4,-..~,~-,.~,~~z~' ~~ , (hereinafter designated as "Principal") have entered into an agreement whereby principal a,~rees to install and complete certain /I designated public improvements, which said agreement dated ~~/_(_~_.~ , 200,~nd identified as project Parcel Map No. 2002-237, is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Western Surety Company , as surety, are held and firmly bound unto the City of Tustin (hereinafter called "City"), in the penal sum of twenty three thousand and 00/100 dollars ($23,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above name on the 23rd day of Ua), (SEAL) ,2003. BavidAIlis'o-n - Executive~dent &~Chief Operatinq Officer By: T~tle Robin Rousselet Chief Financial Officer & Secretary (SEAL) By: Western Sur~ety Company Mechelle Larkin Attorney-in-fact APPROVED AS TO FORM: CITY ATTORNEY ~ APPROVED AS TO CONTENT: CITY ENGINEER P.O. Box 5077 Sioux Falls. SD ADDRESS 57117-5077 S:LKaty~Bonds & agreementAPM 2002-237~Faithful Performance Bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oranqe On !~!4,Y 2 3 2003 DATE personally appeared before me, Mechelle Larkin Kathy R. Mair, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC NAME(S) OF SIGNER(S) [] personally know to me - OR - I-I proved to me on the basic of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~OF NOTARY ............................................. OPTIONAL , ........................................... Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I'-I INDIVIDUALS r"l CORPORATE OFFICER TITLE(S) I-I PARTNER(S) [] [] ATTORNEY-IN-FACT r'-I TRUSTEE(S) 1-1 GUARDIAN/CONSERVATOR r-! OTHER: LIMITED GENERAL TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) krm (5/2001) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' No. 5907 State of d.~-/../,~'~/~',~/~ County of Z o~ _,~_~_~'~L" ~c- ~' O n ~,~ )/,.~ ¢ ~,P¢) ,~, before m e, ,L'-,~ ,,,/~. ~. ,~~~/j/,~,)~..,C,c/V ~,~/~, {)ATE ~ NAME, TITLE OF OFFICER ~ E.G., "JANE DOE, NOTARY PUBLIC" personally appeared . ~,~/,,~ ¢~ ~S~Z~'-~' NAME(S) OF SIGNER(S) )~ personally known to me - OR - [-1 proved to me on the basis of satisfactory evidence to be the perso~whose name'('s)is,~a~,e subscribed to the within instrument and ac- knowledged to me that he,~eheffftb~executed the same in his~ authorized capacity(&ee.), and that by his~e-~t-~ir signature(,s-} on the instrument the persort(s), or the entity upon behalf of which the person(.s-)~ acted, executed the instrument. WITNESS my hand and official seal. - SI~NAT~E O-~N~)T~Y / OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER E~ INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) ~ PARTNER(S) J--] LIMITED ~ GENERAL r-~ A'I-FORNEY-IN-FACT [--] TRUSTEE(S) L-'-] GUARDIAN/CONSERVATOR I--] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 County of (r-~a~ ~,_~ On ~.~ .2~q: ..~ DATE before me, NAME, TITLE OF OFFICEI~ - E.G., "J,~NE DOE, NOTARY PUBLIC" personally appeared '--~vz'~ .~. NAME(S) OF SIGNER(S) ersonally known to me - OR - I--1 proved to me on the basis of satisfactory evidence to be the person~) whose name~)is/~rl~ subscribed to the within instrument and ac- knowledged to me that he/~t-h,~y executed the same in his/hcr/thclr authorized capacity(i, ea-)r, and that by his/heW-t'h'e17' signature(.~ on the instrument the person(,~, or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. ~ SIGN/~TURE~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [] PARTNER(S) [~ LIMITED [--] GENERAL [~ A'I-I'ORNEY-IN-FACT J--] TRUSTEE(S) ~ GUARDIAN/CONSERVATOR D OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184