HomeMy WebLinkAboutOther Bus 12-04-89 Peter's CanyDATE:12/4/89 l.te -¢om ]
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROM:
CITY ATTORNEY
SUBJECT: LOWER PETERS CANYON RETARDING BASIN
BACKGROUND
In 1988 the City of Tustin entered into agreements among the
Irvine Company, the County of Orange, the Orange County Flood
Control District and the City relative to the construction of the
Lower Peters Canyon Retarding Basin and provisions for its
ownership and operation. Construction of the retarding basin is
now substantially completed. Under the original agreements, after
completion of construction the fee title to the property would be
retained by the Irvine Company and it would only grant easements
for the use and operation of the facilities. For several reasons
it has been determined by all of the parties that a more
satisfactory arrangement which will avoid several potential
undesirable consequences is for fee title to be transferred to the
Orange County Flood Control District. To make this change requires
approval by each of the parties. Enclosed are copies of the
documents needed to be approved by the City of Tustin in order to
effect this change.
Under the provisions of Government Code Section 54954.2(b) (2),
upon a two-thirds vote of the City Council an item may be placed
before the City Council where the need to take action arose after
the agenda, was posted. The final forms of these documents were
received Friday and reviewed and approved by the City Attorney's
Office and by the City Engineer/Director of Public Works today.
The "need" in this case is that under the terms and conditions of
the existing agreements, the escrow will close within the next two
weeks and the easement granted to the Orange County Flood Control
District which will create a potential for some difficulties with
undesirable ramifications. The only way to avoid this is for each
of the parties to agree to the amendments of the agreement's and
documents prior to the close of escrow. In order to obtain the
approval of the Board of Supervisors to these amendments, all the
documents, approved and signed by each of the other parties, must
be presented to the Clerk of the Board of Supervisors by the day
after tomorrow, (Wednesday, December 6th). Accordingly, if the
amendment to the agreements is to be made it must be approved by
the Tustin City Council at tonight's meeting in order to avoid the
the Tustin City Council at tonight's meeting in order to avoid the
problems which may otherwise occur.
RECOMMENDATION
It is recommended that the City Council adopt a motion by at
least two-thirds of the Council 1) that this matter arose after the
agenda was posted and 2) that the City Council approves the
amendment and amended~documents and authorizes and directs the
Mayor and City Clerk to sign the amen~d_e~~ement and documents.
J~S~i~'ROURKE~
City Attorney
JGR:cas:D:A12/4/89(1-2)
Enclosures
cc: WH
RL
Amen .... ent No. 1 to
Agreement No. D88-145
Lower Peters Canyon
Retarding Basin
AMENDMENT NO. 1
AGREEMENT NO. D88-145
THIS AMENDMENT NO. 1 TO AGREEMENT NO. D88-145 for pur. poses Of
identification hereby dated the day of , 1989,
is
BY AND BETWEEN
ORANGE COUNTY FLOOD CONTROL DISTRICT, a
body politic of the State of California,
hereinafter referred to as DISTRICT,
THE CITY OF TUSTIN, a municipal
corporation hereinafter referred to as
TUSTIN,
THE IRVINE COMPANY, a Michigan
corporation hereinafter referred to as
COMPANY.
W I T N E S S E T H_
RECITALS
WHEREAS, District, Tustin and Company entered into Agreement No.
D88-145 on August 30, 1988, to facilitate cooperation in the
planning, design, construction, operation and maintenance of the
Lower Peters Canyon Retarding Basin and related improvements (the
"Facilities"); and
WHEREAS, by the terms of Agreement No. D88-145, upon completion
of construction of the Facilities, Company was to convey an
easement to District for, among other things, the operation and
maintenance of the Retarding Basin and other adjacent facilities
located on the property described in attached Exhibit A (the
"Property"); and
112089
-t-
188904-05
Ame~.~ment No. 1 to
Agreement No. D88-145
Lower Peters Canyon
Retarding Basin
WHEREAS, the Property has not been officially designated or
determined to be significant as a park, recreation area, or
wildlife and waterfowl refuge, nor is its use for park,
recreation, or refuge purposes one of its current functions; and
WHEREAS, District and Company have determined that it is in
their best interests and in the best interests of the public to
dedicate the Property in fee directly to the District for flood
control purposes.
NOW, THEREFORE, IT IS AGREED by all parties hereto as follows:
1. Upon completion of all construction pursuant to Agreement No.
D88-145, Company shall cause to be conveyed, at no cost to
District, fee ownership of the Property by execution of a grant
deed in the form of attached Exhibit B. This transfer shall be
free and clear of all liens, encumbrances, assessments,
agreements, licenses, leases, and taxes, not otherwise agreed to
by District.
2. Upon compliance with all conditions contained in Agreement
No. D88-145, and this Amendment, and upon satisfactory completion
of all construction, District shall accept ownership of the
Property.
3. Upon execution of this ~endment, the attached exhibits, and
the grant deed, all documents shall be delivered to First
American Title Insurance Company (FATCO). The executed documents
will then be delivered to the appropriate party or recorded by
FATCO under the terms of the Escrow Instructions which are
112089 -2- 188904-05
!
Amenament No. 1 to
Agreement No. D88-145
Lower Peters Canyon
Retarding Basin
attached as Exhibit C and which have been modified to reflect the
changes made by this Amendment.
4. The Easement Deed between the Company and the District which
was attached as an exhibit to Agreement No. D88-145 has been
modified to reflect the changes made by this Amendment. The
modified form of the Easement Deed is attached as Exhibit D and
shall be submitted to FATCO as a replacement for the Easement
Deed included with the original Agreement.
5. This Amendment to Agreement No. D88-145 incorporates the
following exhibits:
Exhibit A - Property Transferred;
Exhibit B - Grant Deed;
Exhibit C - New Escrow Instructions;
Exhibit D - Modified Easement Deed.
In witness whereof, the parties hereto have executed this
Amendment No. 1 to Agreement No. D88-145 on the dates set forth
opposite their respective signatures.
ORANGE COUNTY FLOOD CONTROL DISTRICT
Date: By:
Chairman, Board of Supervisors
112089 3 188904-05
Amenument No. 1 to
Agreement No. D88-145
Lower Peters Canyon
Retarding Basin
THE IRVINE COMPANY
Date:
By:
Date:
By:
CITY OF TUSTIN
Date:
By:
Mayor
Date:
By:
City Clerk
APPROVED AS TO FORM:
James G. Rourke, City Attorney
City of Tustin
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
LINDA RUTH
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
Orange County, California
By:
Deputy Date
112089 4 188904-05
LEGAL DESCRIPTIOII OF PROPERTY
Those portions of Blocks 41 and 42 of Irvine's subdivision, City
of Tustin, in the County of Orange, State of California, as shown on a
map recorded in Book 1, Page 88 of Miscellaneous Record ~.~aps in the
Office of the County Recorder of said County, described as follows'
Beginning at a point distant S.49°14'21''E. 4.95 feet,
southeasterly 132.30 feet along a curve concave Southwesterly having a
radius of 920.00 feet through a central angle of 8°14'21", and
It 46°00'00''E- 30.04 feet from the southwesterly terminus of the course
shown as "N.40°41'10''E' 530.95'" along ~'he northwesterly boundary of
Record of Survey No. 86-1030 filed in Book 114, Pages 29 through 42,
inclusive, of Record of Surveys in the Office of the County Recorder
of said County; thence N.46°O0'O0''E' 459.96 feet; thence N.87°00'00''E.
505.00 feet; thence S.4°00'OozE. 255.00 feet; thence S.11°00'O0''W.
240.00 feet; thence S.27°00'O0''E. 125.00 feet; thence S.14°00'00"W-
290.00 feet; thence S.4°00'O0"W. 165.00 feet; thence S.32°07'21"E.
199.33 feet; thence S.48°36'23''W' 151.39 feet to the beginning of a
· ..
tangent curve conca've southeasterly having a radius of 188.00 feet;
thence southwesterly 45.57 feet along said curve through a central
angle of 13°53'20"; thence S.34°43'08''W. 108.84 feet to the beginning
August 7, 1989
Page 1 of 2
W.O. 278-11X
H & A Legal No. 2502
HRF
of a tangent curve concave easterly having a radius of 53.00 feet;
thence southerly 63.40 feet along said curve through a central angle
of 68°32'19"; thence S.33°49'11''E' 22.46 feet to the beginning of a
tangent curve concave southwesterly having a radius of 212.O0 feet;
thence southeasterly 98.37 feet along said curve through a central
angle of 26°35'04"; thence S.7°14'07''E. 40.75 feet to the beginning of
a tangent curve concave northwesterly 77.00 feet; thence southwesterly
108.15 feet along said curve through a central angle of 80°28'21";
thence S.73°14'13''W- 9.06 feet to a point on a non-tangent curve
concave westerly having a radius of 1430.00 feet, a radial line to
said point bears N.73°43'04''E'; thence northerly 217.58 feet along
said cur're through a central angle of 8°43'04"; thence N.25°O0'00''W.
1063.06 feet to the beginning of a tangent curve concave southwesterly
having a radius of 950.00 feet; thence northwesterly 266.86 feet along
said curve through a central angle of 16°05'41 to the Point of
Beginning.
As more particularly shown on Hap of property attached hereto and
made a part hereof.
August 7, 1989
Page 2 of 2
W.O. 278-11X
H & A Legal No. 2502
HRF
Recording requested by and
when recorded mail to:
Orange County Flood
Control District
Post Office Box 4048
400 Civic Center Drive West
Santa Aha, CA 92702
FREE RECORDING
GOVERNMENT CODE SECTION 6103
(Space above for Recorder's use)
City of Tustin
Facility/Project:
Facility/Project No.:
Parcel NOo:
A.P. No°:
Location:
GR3~NT DEED
The Irvine Company, a Michigan corporation ("Grantor"),
grants to the Orange County Flood Control District, a body
corporate and politic of the State of California ('"District"), the
real property in the City of Tustin, County of Orange, California,
depicted on attached Exhibit A and legally described on attached
Exhibit B (the "Property").
COVENANT OF TITLE. Grantor covenants that the Property is,
and shall remain free and clear of all liens, encumbrances,
assessments, easements, leases (recorded and unrecorded), and
taxes except:
a ,
112089-05
Any installment of general and special County of Orange
and City of Tustin taxes, if any, allocable to a period
subsequent to the time title is vested in or actual
possession or physical possession is taken by the
District, whichever first occurs, and all taxes
subsequent thereto.
--1--
188904-06
(However, Grantor shall remain liable for payment of any
taxes allocable to the period prior to the time title is
vested in or actual possession or physical possession is
taken by the District, whichever first occurs, pursuant
to the provisions of Sections 5084 and 5086, California
Revenue and Taxation Code, as amended; and Grantor shall
pay any such taxes, whether delinquent or not, together
with penalties and interest thereon, and delinquent or
non-delinquent assessments or bonds and any interest
thereon prior to recordation of this Grant Deed.)
b ,
The exceptions to title set forth on Exhibit C, the
Preliminary Title Report dated , 1989, and
issued by First American Title Insurance Company
("FATCO") under its Order Number 149-9177.
c. The Covenants set forth in Paragraph 2 below.
d ·
A reservation to Grantor, including the right to convey
in whole or in part, of (collectively, the
"Reservations"):
Any and all oil, oil rights, minerals, mineral
rights, natural gas rights, and other hydrocarbons
by whatsoever name known, geothermal steam and all
products derived from any of the foregoing, that
112089-05 -2- 188904-06
may be within or under the Property, together with
the perpetual right of drilling, mining, exploring,
and operating therefor and storing in and removing
the same from the Property or any other land,
including the right to whipstock or directionally
drill and mine from lands other than the Property,
oil or gas wells, tunnels and shafts into, through.
or across the subsurface of the Property and to
bottom such whipstocked or directionally drilled
wells, tunnels, and shafts under and beneath or
beyond the exterior limits thereof, and to redrill,
retunnel, equip, maintain, repair, deepen, and
operate any such wells or mines; provided that the
reservation does not include the right to drill,
mine, store, explore, or operate through the
surface or the upper 500 feet of the subsurface of
the Property;
(ii) Any and all water, solar-heated water, reclaimed watch, r,
water rights, or interests therein, whether surface
or subsurface, appurtenant or relating to the
Property or owned or used by Grantor in connection
with the Property, together with the right to
explore, drill, redrill, and remove such water from
the Property, store such water in the groundwater
basin underlying the Property by percolating,
spreading, or injecting water into such basin from
112089-05 -3- 188904-06
locations on lands lying outside of the Property,
and the right to extract, inject, percolate, and
spread said water by means of wells, dams, and
other structures and facilities from locations on
lands lying outside of the Property; provided,
however, that District may use such water to the
extent necessary for District's use of the Property
as a regional flood control and water conservation
facility and Grantor shall not engage in any
activity which interferes with such use of the
Property by District and shall not, without prior
written approval of District, have any right to
enter upon or use the surface of the Property in
the exercise of these rights;
e ,
Discrepancies, conflicts of boundary lines, adverse
claims, encroachments, or any other facts which a ·
correct survey would disclose, and which are not shown
by public records.
Grantor shall provide to District an ALTA policy of title
insurance with Regional Exceptions (Standard Coverage) issued
as of the date of recordation of this Grant Deed in the
amount of $275,000.00, insuring District that fee title to
the Property is vested in Grantor subject to this Grant Deed
with a special indorsement insuring the validity and priority
of this Grant Deed.
112089-05 4 188904-06
·
COVENANTS RUNNING WITH THE LAND. The conveyance of the
Property from Grantor to District shall be subject to the
covenants set forth in this paragraph (the "Covenants"). The
Covenants are for the purpose of assuring the orderly and
harmonious development and operation of improvements on the
Property and the protection of the value, desirability, and
attractiveness of Grantor's nearby property on Lot 26 of
Tract 12870 (the "Dominant Tenement"). The Covenants shall
become effective on the date this Grant Deed is recorded (the
"Recording Date"), run with and burden the Property, and bind
the District and any person or entity which acquires any
right, title, or interest in or to all or any portion of the
Property ("Property Interest Bolder"). Every Property
Interest Holder shall be bound absolutely to every provision
of this Grant Deed, whether or not this Grant Deed is
referred to in the instrument by which the Property Interest
Holder acquires an interest in the Property. The Covenants
shall also consti'tute equitable servi'tudes upon the Property,
as servient tenement, for the benefit of the Dominant
Tenement. The Covenants shall run in favor of the Dominant
Tenement but will be enforceable only by Grantor.
The Covenants are:
a ·
Covenant 1: Use of the Property. The District shall
,
maintain and use the Property for "Regional Flood
112089-05 -5- 188904-06
Control and-Water Conservation Purposes" (the "Permitted
Use") as described in District Agreement D88-145 entered
into August 30, 1988 (the "Retarding Basin
Agreement"). Not only does the District covenant to
.actually use the Property for Regional Flood Control
Purposes, but the District also covenants that the
Property will be used ~ for the Permitted Use. The
Property shall not be used for park, recreation,
wildlife or waterfowl refuge purposes.
b ·
Covenant 2: Not Open to Public. The Property shall not
be held open for use by the general public for park,
recreation, wildlife or waterfowl refuge purposes.
3. MATTERS RELATED TO COVENANTS.
a .
Amendment. The Covenants may be amended by mutual
agreement of Grantor and District. Any amendment must
be recorded in the Recorder's Office, County of Orange,
California.
Term of Covenants. Unless (i) amended or terminated
pursuant to this Grant Deed or (ii) Grantor records a
declaration terminating the Covenants, the Covenants
shall be binding absolutely and perpetually on District
and any Property Interest Holders.
112089-05 -6- 188904-06
C ·
Default and Remedies. Because of the unique nature and
scope of Grantor's development of the Dominant Tenement
and the substantial amount of planning, effort, expense,
and time expended by Grantor in reliance upon the
anticipated use of the Dominant Tenement, monetary
damages will not provide an adequate remedy for the
damage to Grantor's planning efforts and/or development
resulting from a breach, violation, or other failure of
the District to comply with the Covenants (collectively,
a "District Breach"). Therefore, if a District Breach
of any Covenant occurs which is not cured within thirty
(30) days after written notice from Grantor to do so
(or, if the District Breach cannot be fully cured within
such thirty (30) day period, then upon failure of
District to commence such cure within such period and
thereafter to diligently complete such cure to Grantor's
reasonable satisfaction), then Grantor shall be entitled
to specific performance of the Covenants and to any
other form of legal or equitable relief available to
Grantor except monetary damages.
d ·
Waiver. Neither a waiver by Grantor of a District
Breach nor a delay or failure to enforce any 'of the
Covenants shall:
(i) Be a waiver of any earlier or later District Breach
of the same or any other provision of the
Covenants; or
188904-06
112089-05 -7-
(ii) Be implied from any inaction or omission of
Grantor.
Notwithstanding any other provision of law, all waivers
must be express and in writing. An express waiver shall
·
not affect a District Breach other than as specified in
the express waiver. If Grantor is required to and does
approve any act by the District, that approval shall not
waive or render unnecessary Grantor's approval of any
subsequent similar acts.
·
CONDITION OF PROPERTY. Grantor makes no representations or
warranties, express or implied, concerning the condition of
the Property.
5. ADDITIONAL TERMS, COVENANTS, AND CONDITIONS.
a ·
Form of Acceptance. Execution of this Grant Deed shall
be authorized by resolution of District's Board of
Supervisors. The original Grant Deed shall then be
delivered to FATCO for.recordation.
b. License to Enter and Other Permits.
(i) Before Execution by District. Grantor grants to
the District, its agents, or assigns, a license to
112089-05 -8- 188904-06
enter the Property for purposes related to
planning, engineering, and surveying from the date
this Grant Deed is executed by Grantor until it is
executed by District or terminated. This grant is
subject to the District giving not less than five
(5) days notice to Grantor and executing an entry
permit on Grantor's standard form prior to entering
the Property.
(ii) After Execution by District. After this Grant Deed
is executed by District and fee ownership of the
Property has been conveyed to District, entry onto
the Property by Grantor for any purposes, including
the installation and maintenance of landscaping
adjacent to Lower Lake Drive, will require the
issuance of an entry permit by District.
·
NOTICES. Ail notices pertaining to this Grant Deed shall be
in writing and shall be transmitted either by personal
delivery (in the same manner as the service of a summons in
the State of California) or through the facilities of the
United States Post Office. Personal delivery shall be deemed
to have been received upon proper service and delivery by
certified mail shall be deemed completed three (3) days after
mailing. The addresses set forth below shall be the places
where notice shall be sent, unless written notice of a change
of address is given.
188904-06
112089-05 -9-
"Grantor"
The Irvine Company
550 Newport Center Drive
Newport Beach, California 92660
Attention: Vice President, Strategic Planning
"The District"
Orange County Flood Control District
400 Civic Center Drive West
Santa Aha, California 92702
Attention: Chief Drainage Section
·
CAPTIONS. The captions used in this Grant Deed are for
convenience only and have no substantive effect.
·
APPLICATION TO GRANTOR. Notwithstanding the terms of this
Grant Deed, if Grantor reacquires title to all or any portion
of the Property, by sale or other method, at any time after
the Property has been conveyed to the District, the
provisions of this Grant Deed shall automatically cease and
terminate as to the reacquired property.
·
EXHIBITS. This Grant Deed incorporates the following
exhibits:
Exhibit A - Hap of the Property
Exhibit B - Legal Description of the Property
Exhibit C - Preliminary Title Report/Tustin
112089-05 -10- 188904-06
10. SUCCESSORS AND ASSIGNS. This Grant Deed shall bind and inure
to the benefit of all successors and assigns of Grantor and
District.
THE IRVINE COMPANY,
a MiChigan corporation
Date:
By:
Its:
Date:
By:
Its:
STATE OF CALIFORNIA )
) sso
COUNTY OF ORANGE )
On this , 19__, before me, the
undersigned, a Notary Public in and for said State, personally
appeared and ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed the within
instrument as President and Secretary, on
behalf of THE IRVINE COMPANY, the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its Bylaws or a Resolution of its Board of
Directors.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
188904-06
112089-05 -11-
MAP OF P~DP~RTY
3'UNE
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Those portions of Blocks 41 and 42 of Irvine's subdivision, City
of Tustin, in the County of Orange, State of California, as shown on a
map recorded in Book 1, Page 88 of Hiscellaneous Record t.laps in the
Office of the County Recorder of said County, described as follows'
Beginning at a point distant S.49°14'21''E. 4.95 feet,
southeasterly 132.30 feet along a curve concave Southwesterly having a
radius of 920.00 feet through a central angle of 8°14'21", and
~t.46o00'00"E. 30.04 feet from the southwesterly terminus of the course
shown as "N.40°41'IO''E. 530.95'" along the northwesterly boundary of
Record of Survey No. 86-1030 filed in Book 114, Pages 29 through 42,
inclusive, of Record of 'Surveys in the Office of the County Recorder
of said County; thence N.46°O0'O0''E' 459.96 feet; thence N.87°00'00''E.
505.00 feet; thence S.4°00'O0''E. 255.00 feet; thence S.11°00'O0''W.
240.00 feet; thence S.27°00'O0''E. 125.00 feet; thence S.14°00'O0"W.
290.00 feet; thence S.4°00'Og"W. 165.00 feet; thence S.32°07'21"E.
199.33 feet; thence S.48°36'23''W. 151.39 feet to the beginning of a
tangent curve concave southeasterly having a radius of 188.00 feet;
thence southwesterly 45.57 feet along said curve through a central
angle of 13°53'20"; thence S.34°43'08''W- 108.84 feet to the beginning
August 7, 1989
Page 1 of 2
A'.O. 278-11X
H & A Legal ~o. 2502
HRF
EXHIBIT B
!
of a tangent curve concave easterly haying a radius of 53.00 feet;
thence southerly 63.40 feet along said curve through a central angle
of 68°32'19"; thence S.33°49'11''E' 22.46 feet to the beginning of a
tangent curve concave southwesterly having a radius of 212.00 feet;
thence southeasterly 98.37 feet along said curve through a central
angle of 26°35'04"; thence S.7°14'07''E- 40.75 feet to the beginning of
a tangent curve concave northwesterly 77°00 feet; thence southwesterly
108.15 feet along said curve through a central angle of 80°28'21";
thence S.73°14'13''W' 9.06 feet to a point on a non-tangent curve
concave westerly having a radius of 1430.00 feet, a radial line to
said point bears N.73°43'04''E'; thence northerly 217.58 feet along
said curve through a central angle of 8°43'04"; thence N.25°00'00''W.
106.3.06 feet to the beginning of a tangent curve concave southwesterly
having a radius of 950.00 feet; thence northwesterly 266.86 feet along
said curve through a central angle of 16°05'41 to the Point of
Begi nni ng.
As more particularly shown on Hap of property attached hereto and
made a part hereof.
EXHIBIT B
August 7, 1989
Page 2 of 2
W.O. 278-11X
H & A Legal No. 2502
HRF
PRELIMINARY TITLE REPORT/TUSTIN
EXHIBIT C
112089 188904-06
, 1989
First American Title Company
114 East 5th Street
Santa Aha, California 92702
Re: Modification to Escrow Instructions For Exchange
of Easements and Deeds Pursuant to the Terms of
the Lower Peter's Canyon Retarding Basin Agreement
No. D88-145, Escrow Number 1499177
Gentlemen:
The Irvine Company ("TIC"), the Orange County Flood Control
District (the "Flood Control District") and the City of Tustin
(the "City") have entered into Agreement D88-145 dated August 30,
1988, for the "Lower Peter's Canyon Retarding Basin" (the
"Agreement") and an Amendment to that Agreement dated
, 1989 (the "~endment"), concerning the planning,
construction, operation and maintenance of certain flood control
facilities, including a retarding basin (the "Facilities") to be
located in the City. In order to accomplish the matters provided
for in the Agreement and Amendment, TIC, the Flood Control
District and City (collectively the "Undersigned") instruct you
as follows:
1. Paragraphs 4 and 5 of the Escrow Instructions dated
August 30, 1988, are amended to now read as follows:
"4. CONDITIONS TO CLOSING.
"(a) Escrow Holder is prepared to issue a Title
policy consistent with the items reflected on the City
Title Report and the Flood Control District Title
Report which have been approved by the City and the
Flood Control District, respectively;
"(b) The following documents, in substance and
form as attached hereto, properly executed and
acknowledged; shall have been received by Escrow
Holder:
112089
-1-
188904-02
First American Title Insurance Company
, 1989 - Page 2
"(i) City quitclaim of construction easement
to TIC;
(ii) City Easement;
(iii) District Easement; and,
(iv) Grant Deed to District.
"(c) Notification provided to the Escrow Holder
that construction of the Facilities has been
completed. Such notification shall be deemed provided
when the Escrow Holder receives either: (i) a copy of
the City's recorded Notice of Completion for the
Facilities and a copy of the State of California,
Division of Safety of Dams Certificate of Approval for
the Facilities; or (ii) written assurances from the
City, TIC and the Flood Control District that the
Facilities have been completed.
"5. When the conditions in paragraph 4 above have been
satisfied, the Closing shall take place as follows:
"(a) Escrow Holder shall immediately record the
following instrument referred to in subparagraph 4b
above at 8:00 A.M.:
"(i) City quitclaim of construction easement
to TIC.
"(b) Escrow Holder shall in%mediately record the
following instruments referred to in subparagraph 4b
above in the order listed at 8:01 A.M.:
"(i) City Easement;
(ii) District Easement; and,
(iii) Grant Deed to District.
"(c) Withi~ ten (10) calendar days after such
recordings, Escrow Holder shall provide the Title
Policies referred to in paragraph 3 above to the Flood
Control District and the City, respectively."
112089 -2- 188904-02
First American Title Insurance Company
, 1989 - Page 3
Ail notices or other notification's by Escrow Holder should be
made in writing to each of the Undersigned at the addresses
indicated below:
1. The Irvine Company
Irvine Community Development
Company
550 Newport Center Drive
8th Floor
Newport Beach, CA 92660
Attn: General Counsel
2. The City of Tustin
City of Tustin
300 Centennial Way
Tustin, CA
Attn: City Engineer
3. The Orange County
Flood Control District
Orange County Flood Control
District
Post Office Box 4038
400 Civic Center Drive West
Santa Aha, CA 92702
Attn:'~.~ Chief Drainage Section.
"Chief Right-of-Way
Engineering
112089 3 188904-02
First American Title Insurance Company
, 1989 - Page 4
These instructions may be executed in counterparts, and the
signed counterparts shall constitute a single instrument.
Very truly yours,
The Irvine Company
By:
Name:
Title:
The City of Tustin
By:
Name:
Title:
Orange County Flood Control
District
Date: By:
Ernie Schneider,
Director, EMA
APPROVED AS TO FORM:
By:
James G. Rourke
City Attorney
City of Tustin
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
Orange County, California
By:
Deputy Date
112089 -4- 188904-02
Recording requested by and
when recorded return to:
Orange County Flood Control
District
Post Office Box 4048
400 Civic Center Drive West
Santa Aha, California 92702
(Space above for Recorder's use)
Facility: Peters Canyon Basin
Facility No.: F06BO1
Parcel Nos.: 101, 101.1, 101.2 & 101.3
Location: City of Tustin
EASEMENT DEED
For a valuable consideration, receipt of which is hereby
acknowledged, The Irvine Company, a Michigan corporation, and the
Orange County Flood Control District, a body corporate and
politic, agree as follows:
1. Grant of Easement.
The Irvine Company, a Michigan corporation ("Grantor"),
does hereby grant to the Orange County Flood Control District, a
body corporate and politic ("Grantee"), an easement in gross for
flood control purposes in, on and over the real property in the
City of Tustin, County of Orange, State of California, described
on Attachment 1-A and referred to as Parcel 101;
TOGETHER WITH an easement in gross for storm drain and
appurtenant purposes in, on and over the real property in the
City of Tustin, County of Orange, State of California, described
on Attachment 1-B and referred to as Parcel 101.1;
TOGETHER WITH an easement in gross and right of way for
ingress and egress purposes in, on and over the real property in
the City of Tustin, County of Orange, State of California,
described on Attachment 1-C and referred to as Parcel 101.2;
TOGETHER WITH an easement in gross for floodplain purposes
in, on and over the real property in the City of Tustin, County
of Orange, State of California, described on Attachment 1-D and
referred to as Parcel 101.3.~
062689-01 1 188904-04
2. ~pecial Conditions. The following conditions apply
only to the specific easement areas referred to:
(a) Operation, Maintenance, Replacement and
Repairs. All operation, maintenance, replacement and repairs,
whether ordinary or extraordinary, capital or expense in nature,
major or minor, in Parcels 101 and 101.1 shall be performed at
Grantee's sole cost and expense, except with regard to specific
restrictions for Parcel 101.1 stated in Section 2(c) below. All
maintenance and repairs shall be performed in such manner and at
such intervals as shall be required.
(b) Quitclaim of Slope and Access Easement Areas.
(i) All or a portion of Parcel 101 will
eventually be filled in along the southern edge of the retarding
basin (the "Slope Area"). When the Slope Area is filled to the
satisfaction of the Director of the Environmental Management Agency
of the County of Orange and in a manner consistent with Division of
Safety of Dams ("DSOD"~ correspondence dated March 23, 1988, a copy
of which is attached as Attachment 2, then, upon written demand by
Grantor or its successors in interest for all or a portion of the
Slope Area, located outside the theoretical limit of the Dam as
determined by DSOD (in a manner consistent with the above referenced
DSOD letters), Grantee shall quitclaim the requested portion of the
Slope Area to Grantor or such successors in interest at no cost to
Grantor or such successors in interest.
(ii) Parcel 101.2, which is now an access
road, will eventually be realigned and become a public road.
When the public road is completed, then, upon written demand by
Grantor or its successors in interest for all or a portion of
such access road, Grantee shall quitclaim the requested p~rtion
of said access road to Grantor or such successors in interest at
no cost to Grantor or such successors in interest.
(c) Restrictions Within Parcel 101.1. The
following restrictions apply to the easement through Parcel
101.1:
(i) Except for curbs, paving and landscaping,
no buildings, permanent structures or additional earth fill will
be permitted within Parcel 101.1. In addition, no block walls or
fences creating a water barrier or otherwise unreasonably
hampering access.for operation and maintenance across Parcel
101.1 will be permitted.
(ii) No construction shall be commenced within
Parcel 101.1 until the plans for such construction have first
been approved in writing by the Director of the Environmental
Management Agency, County of Orange (the "Director"). The
Grantee agrees that such plans shall be approved or disapproved
062689-01 -2- 188904-04
within a reasonable time following receipt thereof, and that
approval will not be withheld without good cause.
(iii) Any improvements which may be allowed
shall be operated and maintained at no cost to Grantee.
(iv) Grantor, or its successors or assigns,
agree to hold Grantee harmless from claims for damages and cost
of storm drain repair caused by Grantor's overloading of said
storm drain and shall reimburse Grantee for the costs of said
storm drain repair.
(v) Grantor agrees to hold Grantee harmless
from any claims for damage to Grantor's improvements within
Parcel 101.1 resulting from the operation, maintenance, repair,
reconstruction, replacement or enlargement of the flood control
facilities constructed within Parcel 101.1 or from damage caused
by flood or overflow conditions, except to the extent caused by
Grantee's failure to maintain the storm drain facilities provided
under this Easement Deed.
(vi) In the event Grantee finds it necessary
in the future to enter on and disturb the surface or subsurface
of Parcel 101.1 in order to maintain, repair, reconstruct or
enlarge the flood control facilities, Grantee's only responsi-
bility shall be to restore any section of the flood control
facilities affected to the same load specifications as originally
constructed and to backfill with compacted earth to the grade of
the surrounding property following completion of Grantee's
activity. The responsibility for restoration of Grantor's
affected improvements within Parcel 101.1 shall be that of
Grantor.
(vii) Except in an emergency found to exist by
Grantee's Director, if the Grantee intends to disturb the surface
of Parcel 101.1, then Grantee shall give Grantor not less than 60
days prior written notice specifying the date of such entry, the
duration thereof and the nature of the work to be performed by
Grantee. Grantee further agrees to use its best efforts to
minimize any inconvenience to Grantor or Grantor's adjoining
property and to minimize the period of time that the surface of
Parcel 10!.1 will be disturbed.
(d) Liens. Grantee shall not suffer or permit to
be enforced against Parcels 101, 101.1 and 101.2 any mechanics,
laborers, materialmen's, contractors, subcontractors, or any
other liens arising from or any claims for damages growing out of
any work of construction or improvement initiated by Grantee, but
Grantee shall pay or cause to be paid all of said liens, claims
and demands before any action is brought to enforce the same
against Parcels 101, 101.1 and 101.2; and Grantee hereby
indemnifies and agrees to hold Grantor and Parcels 101, 101.1 and
062689-01 -3- 188904-04
101.2 free and harmless from all liability for any such liens,
claims and demands, together with all costs and expenses, and
Grantor shall have the right at any time and from time to time to
post and maintain on Parcels 101, 101.1 and 101.2 or any part
thereof, such Notices of Nonresponsibility as desired by Grantor
or as may be provided by law. Notwithstanding anything to the
contrary contained in this paragraph, if Grantee shall in good
faith contest the validity of any such lien, claim or demand,
then Grantee shall, at its expense, defend itself and Grantor
against the same and shall pay and satisfy any adverse judgment
that may be rendered thereon before the enforcement thereof
against Grantee or Parcels 101, 101.1 and 101.2, and, as to
Parcel 101.1, if Grantor shall require, Grantee shall furnish to
Grantor a surety bond satisfactory to Grantor in an amount equal
to such contested lien, claim or demand indemnifying Grantor
against liability for same, or, as to any of the Parcels, if
Grantor shall request, Grantee shall procure and record the bond
provided for in the Civil Code of the State of California, or any
comparable statute hereafter enacted providing for a bond freeing
Parcels 101, 101.1 and 101.2 from the effect of such lien or
claim or action thereon. This provision shall terminate as to
those portions of Parcels 101, 101.1 and 101.2 which are
auitclaimed to Grantor by the terms of this Easement Deed or
become part of public roads at such time as they are accepted
into the applicable government entities street system and all
operation and maintenance responsibilities are transferred to the
responsible government entity.
(e) Insurance. Grantee shall, at all times duri~ng
the term of this Agreement and prior to any entry upon Parcels
101, 101.1 and 101.2, require that any contractor used by Grantee
to operate, repair, replace or maintain the improvements maintain
a policy of comprehensive general liability insurance by the
terms of which Grantor is indemnified against liability for
damage or injury in an amount not less than One Million Dollars
($1,000,000.00) combined single limit bodily injury and property
damage liability per occurrence, or the actual limit of liability
carried by such contractor, whichever is greater, for the
operations of such contractor within Parcels 101, 101.1 and 101.2
and the acts of such cbntractor and its representatives on or
about Parcels 101, 101.1 and 101.2. Such liability insurance
shall include automobile liability, personal injury,
products/completed operations and broad-form property damage.
This provision shall terminate as to the same parcels and in the
same manner and time as provided in Section 2(d) above for liens.
(f) Indemnification of Grantee by Grantor. The
Grantee and its officers and employees will not be responsible
for damages or liabilities arising from the performance or
failure of performance of any of the obligations of Grantor under
this Easement Deed on Parcel 101.2 or for any liabilities or
damages arising from Grantor's exercise of the compatible uses
062689-01 4 188904-04
allowed under this Easement Deed on Parcel 101.2. Grantor shall
fully indemnify, defend, and hold the Grantee harmless from any
liability imposed for injury (as defined by Government Code
Section 810.8) arising from the performance or failure of
performance of any of the obligations of Grantor under this
Easement Deed on Parcel 101.2, except for that resultino from the
Grantee's own negligence. This provision shall terminate at such
time as Parcel 101.2 is accepted as a public road into the street
system of the applicable governmental entity.
3. General Conditions. The following conditions apply
to all the easements, i.e., Parcels 101, 101.1, 101.2 and 101.3
(the "Easement Area").
(a) Compatible Use of Easements by Grantor. The
easements granted herein are subject to the rights of Grantor or
its successors in interest to use the Easement Area for any
purposes which do not unreasonably interfere with or are not
inconsistent with Grantee's use of the Easement Area. Such uses
by Grantor shall include,' but are not limited to, the compatible
use for roadways, pipelines, fences, walls, cuts, fills, horse
trails, bike trails or other compatible improvements or uses.
Provided, however:
(i) No such use for any other purposes shall
be made until plans for such proposed use by Grantor have been
provided to Grantee for Grantee's review and written approval.
(ii) No paralleling utilities shall be allowed
in Parcel 101.1 except if located in, under or over a public
street or highway.
(b) Indemnification of Grantor by Grantee.
Grantor and its officers and employees shall not be responsible
for any damage or liability arising from the performance or
failure of performance of any of the obligation.s of the Grantee
under this Easement Deed, including operation, maintenance,
repair or replacement of improvements in the Easement Area and
use of the Easement Area ("Obligations"). The Grantee shall
indemnify, defend, and hold Grantor harmless from any liability
imposed for injury (as defined.by Government Code Section 810.8)
arising from the performance or failure of performance of any of
the Obligations of the Grantee under this Easement Deed except
for that resulting from Grantor's own neg'ligence. This provision
shall terminate as to the same parcels and in the same manner and
time as provided in Section 2(d) above for liens.
(c) Successors and Assigns. The provisions of
this Easement shall bind and inure to the benefit of all
successors and assigns of Grantor and the permitted ossigns of
Grantee (collectively "assignee"). Any assignee of an interest
hereunder shall automatically, as of the effective date of.the
062689-01 -5- 188904-04
assignment, (i) succeed to the rights herein granted and (ii) be
deemed to have assumed the obligations hereunder. No such
assignment shall be deemed to relieve Grantee of its obligations
under this Easement unless such release is in writing executed by
both parties hereto. Upon the request of either party hereto,
any assignee shall execute and acknowledge an instrument in
recordable form providing for the assumption of the obligations
of its assignor pursuant to this Easement.
(d) Incorporation of Attachments. Ail the
attachments to this Easement Deed are made a part hereof and
incorporated herein by reference.
THE IRVINE COMPANY, a Michigan
corporation,
DATED: By:
Vice President
By:
Assistant Secretary
062689-01 -6- 188904-04
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , 19 , before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared and ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed the within
instrument as Vice President and Assistant Secretary, on behalf
of The Irvine Company, a Michigan corporation, the corporation
herein named, and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a
resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
062689-01 -7- 188904-04
ATTACHHENT 1-A
LEGAL DESCRIPTION OF SCOPE AREA
PARCEL 101
Those portions of Blocks 41 and 42 of Irvine's Subdivision in the
City of Tustin, in the County of Orange, SLate of California, as shown
on a map recorded in Book 1 Page 88 of Miscellaneous Record Haps, in
the Office of the County Recorder of said County, described as
f o 11 ows'
Beginning at the southwesterly terminus of the course shown as
,;N.40o41'lO"E. 530.95'" along the northwesterly boundary of Record of
Survey ~o. 86-1030 filed in Book 114, Pages 29 through 42, inclusive,
of Record of Surveys, in the Office of the County Recorder of said
County; thence S.49°14'21''E. 4.95 feet to the beginning of a tangent
curve concave southwesterly having a radius of 920.00 feet; thence
,.
southeasterly 132.30 feel along said curve through a central angle of
8°!4'21"; thence non-tangent from said curve, N.46°OO'OO"E. 30.04 feet
to a point on a non-tangent curve concave southwesterly having a
radius of 950.00 feet, a radial line to said point bears N.48°54'lg"E.;
thence, southeasterly 266.86 feet along said curve through a central
,~nn!~ c,~ l'~'~n-"4i'' .,:~,.,.. .'.?~o.~:'qr~"E. 1063.06 feet to the beginning
.,
of a La-gent curve concave westerly, having a radius of 1430.00 feet;
August 7, 1989
Page 1 of 2
W.O. 278-11X
H & A Legal No. 2532
HRF
thence southerly 217.58 feet along said curve through a central angle
of 8°43'04'' to the true Point of Beginning; thence N.73°14'13'E. 9.06
feet to the beginning of a tangent curve concave Northwesterly having
a radius of 77.00 feet; thence Northeasterly 108.15 feet along said
curve through a central angle of 80°28'20"; thence N.7°14'07'W. 40.75
·
feet to the beginning of a tangent curve concave Southwesterly having
a radius of 212.00 feet; thence Northwesterly 98.37 feet along said
curve through a central angle of 26°35'04; thence N.33°49'11'W. 22.46
feet to the beginning of a tangent curve concave Easterly having a
radius of 53.00 feet; thence Northerly 63.40 feet along said curve
through a central angle of 68°32'19"; thence N.34°43'08'E- 108.84 feet
to the beginning of a tangent curve concave Southeasterly having a
radius of !88.00 feet; thence ~ortheasterly 45.57 feet along said
curve through a central angle of 13°53'20"; thence N.48°36'28"E.
151.39 feet; thence S.67°00'00''E. 44.25 feet; thence S.48°36'23''W.
52.42 feet; thence S.20°OO'OO''W- 156.13 feet; thence S.34°00'00"W.
80.00 feet; thence S.10°00'00"E. 185.00 feet;.thence S.33°00'00''W.
125.00 feet; thence S.75°48'25'''~- 73.!4 radially to a point on a non-
tangent curve concave westerly having a radius of 1430.00 feet; thence
northerly 52.14 feet along said curve through a central angle of
2°05'21'' to the True Point of Beginning.
As more Par{i'C~J'~arly sh'own' on Attachni6nt 1-A-,-Iqap of Slope Area,
~'ce, tu~ a~ccc~ed ~e. ur,~ ~::~ :~a<~: ,.~. ,;-:rC hereof.
August 7, 1989
Page 2 of 2
W.O. 278-11X
H & A Legal No. 2532
HRF
LEGAL
ATT/~CNkAEIqT ~. -/~,
DE~CF,.tPTIONI OF 6LOPe__. ~REA
..T'UL1'
~1, '1. A L.?_.r=¢,,....
ATTACHJ~EMT
LEthAl. DESCRIPTIOt( FOR STOP. H DRAIM
PARCEL 101.1
That portion of Lot 29 of Tract Mo. 12870 in the City of Tusttn,
in the County of Orange, State of California, ms sho~cn o~ m map filed
in Boo~ 601, pages I through 20, inclusive, of Miscellaneous l{aps, in
the Office of the County Recorder of said County described at follow:
Beginning at the Southwesterly terminus of the course sho~n as
· M.53o34'00'E. 84.92" along the l~ort~esterly line of said Lot;
thence S.34'44'02"E. 105.00 feet along the Southwesterly line of the
are~ shc~ as '£ASF_)~)(T FOR STOPJ~ {2X~AIX PURPOSES )ZESERYED H£REOX FOR
FUT1JRE DF_DICATIOM TO TH~ ~G[ COUtiTY FLOO0 DISTRICT'; ther,:e leaving
said Sout~esterly line, S.55'15'58'W. 65.00 feet; thence
M.3(o44'02'IW. 95.37 feet to said Morthweste~ly line; thence
M.40'34'00'~. 2.33 feet to the beginning of m tange~nt curve conca¥~
Southeast~ly havtni a radius of 2q)O.OO feet; thence ~rthe~t~ly
63.53 feet along said curve thr~gh a central angle of 13'00'O0' to
the Point of Beglnntn~.
~ m~re particularly shown on a ~4p attached hereto aM ~de ·
. .
· . .
part hereof.
July 27, 1984B
Page 1 of [
W.O. 27 8-11X
H & A Legal Mo. 2009
ATTACH~MT
LEGAL DESCRIPTIOM FOR STORM ORAIM EASEMEI~rT
PARCEL 101.1
That portion of Lot 23 of Tract No. 12870 in the City of Tustln,
in the Count), of Orange, State of California, as shewn on m map filed
in Book G0t, pages I through 20, inclusive, of l~tscelllneous i"~p$, in
the Office of the County Recorder of said County described as follow:
Beginning at t. he t(ortheasterly terminus of the course shown as
'X.24'26'OO'E. 5.23" along the Southeasterly line of the 'EASEMENT
FC~ STOP~ DRAII~ PURPOSES RESERVED KEEEOI~ FOR FLFTURE DEDICATIOM TO THE
ORANGE COU~T FLOCO DISTRICT' as shown in said lot; thence
M.24'26'OO'E. 74.82 feet; thence M.28°33'OO'W. 35.00 feet; thence
S.7t5'06'03'W. 61.75 feet to the ]~ortheasterly line of sald e~s~ent;
thence S.28'33'00'E. 96.66 feet to the Point of Beginnt.ng.
As more particul&rly shown on a map attached hereto and made &
part hereof.
July 27, 198,8
Page 1 of 1
W.O. 278-11X
H & A Legal Xo. 2010
I
-
LO'TV
't
m ii t ii iii m i I il III
· ·
·
·
· ·
·
!
/
ATTACHM~.MT 1-C
LECdd. DESCRIPTIOM FOP, ACCESS EASEMF. MT
PARCEL 1.01.2
Continuous strips of lan<l of varic~s widths over t~se portions
of Blocks 41 and 42 of IrYlne's Subdivision, City of Tusttn, in the
Count)' of Orange, State of California, as shown on a wp recorded in
Book 1, Page 8~3 of Miscellaneous Record Maps in ~e Office of ~e
County R~order of s~t~ C~nty, ~e refer~ce line for ~e v~rt~s
strips of l~n~ is d~cr~b~ ~s roll.s:
A strip of l~nd 50.00 fee: wide, lying 14.~ fee~ ~~~1%
and ~.~ feet ~r~aasterly of said r~er~ce line; b~i~tng ~t m
point dts~nt S.(0'(1'10'~. 6.~ f~t, S.49'k4'21'E. (.~ f~ and
Southeasterly 131.75 feet along m curve concave S~~t~ly having m
radius of 914.00 feet ~rough m c~tr~l ~ngle of 8'15'3Z', fr~ ~e
Sout~terly te~tnus of ~e c~rse"$h~ as '~.40'41'10'E. 530.95"
.
along ~e ~ort~t~ly ~unda~ of ~ord of Surv~ ~. ~-10~ ftl~
in Bo~ 114, Pag~ 29 ~r~ 42, inclusive, of ~o~ ef ~~ tn
~e Office of ~e Coun~ ~order of said County; ~ce continuing
Southeasterly 254.92 feet along said curve ~r~ ~ cmtr~l .angle of
15'58'49';-th~ce S.25'00'00'E;' 1~3.~ feet to'~e b~inning of m -
tangent curve concave Sout~terly having m radius of 1391.~ feet;
~ce ~theasterly 212.41 feet along said curve throu~ ~ c~trml
July 25, 1988
Page 1 of 3
W.O. 278-11X
H & A Legal Mo. 2005
HP, F
ngle of s of s,td .00
b~tnning of t strip of l~nd ZS.00 feet wide, lying ~4.~ f~t on etch
side of th~ roll,lng d~crtb~ c~terltne; th~ce continuing
Southeasterly 91.72 feet ~long said curve throu~ a c~trml ~ngle
3'(6'11', ~ce S'~th 12'30'00' Ernst, 1018.~ feet ~ ~e b~inntng
of a tang~t curve ~r~east~ly having a radius of 6~,~
th~ce S~theasterly 370.50 feet along s~id ~rve ~r~ a c~trml
angle of 32'21'~', to ~e b~tnntng of m ~ng~t revere curve con-
cave W~terly having m radius of 45.00 feet; ~ce S~~ly 55.~
feet along said curve ~rough a c~trml angle ~f 70'21'36'~ th~ce
South ~5'30'00' W~t, 1~,05 feet ~ the b~t~tng of a tang~t curve
concave Easterly having ~ radius of 1151.00 f~t; th~ce ~~ly
32.12 feet along s~id ~rve ~r~gh a c~tral angle of 1'35'56',
~e b~tnntng of m ~ng~t c~ou~ curve concave East~ly havt~
radius of ~.~ feet; ~ce South~ly 69.95 feet along said
~rou~ a c~tral angle of 44'31'46', to ~e b~tnning of a ~ng~t
r~e~e curve concave W~t~ly having a radius of ~.~ feet; ~ce
Soundly 60.43 feet along ~ald ~e ~~ a c~tral angle
~'28'1~' ~ ~e b~inning of a tang~t r~e~e ~e c~cave Easterly
having a radius of. I1~.00 feet; th~ce Soundly ~0.~ feet along
said curve ~r~ a c~tral angle of 23'49'47" ~ ~e b~(nntng of a
.
-
~ng~t r~erse curv~onca~e Horthw~terly havthg' a radius of
feet; th~cm S~t~terly 69.05 feet along said curve ~r~gh m c~-
tral angle of 87'5~'57' to ~e b~inntng of a ~ng~t revere curve
July 25, 1988
Page ? of 3
W.O. 278-11X
H&A Legal Xo. 2005
HP.F
concave $outh~st~lY hiving & radius of 1813.00 feet;
$out~terly 648,~ f.t along said curve thr~ a central angle of
20'28'43'~' tl~e~ce ~D 61'27'00 We~t, 17G.77 feet to De
boundary of Tract 12870 as shown on I ,~ap ftl~ in Bo~ ~1, pag~ 1
through 20, inclusive, Miscelltneous Haps in the Office of the Count)'
Recorder of said County.
A~ more particularly shown on a map attached hereto and ~sde a
part hereof.
July 25, 1988
Page 3 of 3
W.O. 278-11X
H&A Legal Xo. 2005
'T~'T lO. nO
DEPARTMENT OF WATER RESOURCES
1411 NII,~H ~'~EL"T. r~.AC:P,.A. ME3'.cro C~t~ ~44,5-l~41'
P. O. BOx ~ ta:z:36-cx:~
·
~ 2 3 t988'
·
Mr. A1 Swanson
vice President, Engineering
John M. Tettemer & Associates, Ltd.
1952 Fatrburn Avenue
Los An9eles, CA 90025-5912
Dear Hr. Swanson:
Lower Peters C~nyon Retarding Basin (Proposed)
Or?___~e Count_y__
·
The Division has reviewed your letters, with enclosures, dated
February 15, 1988 and February 24, 1988, requesting our approval
concept for two items a~ follows z
1. We have no objection to the placement of fill on the downstream
shell of the dam. ~owever, any development located on the
fill must not infringe upon the dam crest or extend into the
theoretical section of the dam.
2. We have. no objection to the proposed layout of the spillway ~nd
outlet pipe. These ltem~ were dlscus~ed between you and our--
selves in a Sacramento meeting on January 21, 1988. There are
certain structural details such as articulation and expansion
joints which need to be incorporated into the design in orde{
to accommodate any potential differential settlement of the
structures ·
If you have any question~, or would like to discuss our findings,
please contact Design Engineer Fred Sage at (916) 323-5385, or
Project Engineer Arnold Johnson at (916) 323-5241.
Sincerely,
Vernon ~- Persson, Chief
Div~sion of Safety of Dam~
Attachment 2
Paze 1 of &
Februar7 IS, $98.B
M~. Yernon H. Persson
Chief, Design Engineering Branch "
Division of Safety of D~ns
California Department of Water Resources
921 - 11th Street,' R.302
'.
Sacramento, CA 95802 '' ' '~' i. " ~
Dear Yern:
As ~tscussed with Fred Sage, I have enclosed a plan view and cross section
through Lower Peters Canyon Retarding Basin to show the approximate type and
. ,location of..future development being considered,downstream of the dam axis.
· "This'development is'similar to that appro'v~d for Dove Canyon Dam. We are
requesting your approval in concept for this. type of development below Lower
P~ters Canyon Retarding Basin. -. '' .
Please contact me ~t (818) 281-5056 if .you haYe any questions.
Sincerely,
Alan A. Swanson
Vice PreSident, Engineering
AAS'sam
Enclosures
· cc' Hr. Bob Grant
~r. Mary Harwood/Z
Hr. Jay Pierce¥ .
Mr.' Chris Taylor
Attachment 2
Pa~e 2 of 4
I
Attachment 2
Attachment
Pa%e 4 of 4
· e'
ATTA~ 1-D
LDGAL DESCRIPTION OF FLX)ODPLAIIt F.~SEKfiNT
PARCEL 101.3
LOT 29 0! TIIACT I~O. 12870 LI~ I'HZ CITI O! TUSTI31, COUFr~ O! ORAMGE,
ST. ATE 0! CALIFOP. FIA, i.~ S~OWN 01~ I ~ I~ILF~_ II~ ~X)£ 60~, I~AG'IS
I THROUG~ 20, INCLU$I~rI, OF H/SCZZ~US MAPS, IN ~ OFFIC! OF
072088 188807-06
, 1989
First American Title Company
114 East 5th Street
Santa Ana, California 92702
Re: Modification to Escrow Instructions For Exchange
of Easements and Deeds Pursuant to the Terms of
the Lower Peter's Canyon Retarding Basin Agreement
No. D88-145, Escrow Number 1499177
Gentlemen:
The Irvine Company ("TIC"), the Orange County Flood Control
District (the "Flood Control District") and the City of Tustin
(the "City") have entered into Agreement D88-145 dated August 30,-
1988, for the "Lower Peter's Canyon Retarding Basin" (the
"Agreement") and an Amendment to that Agreement dated
, 1989 (the "Amendment"), concerning the planning,
construction, operation and maintenance of certain flood control
facilities, including a retarding basin (the "Facilities") to be
located in the City. In order to accomplish the matters provided
for in the Agreement and Amendment, TIC, the Flood Control
District and City (collectively the "Undersigned") instruct you
as follows:
1. Paragraphs 4 and 5 of the Escrow Instructions dated
August 30, 1988, are amended to now read as follows:
"4. CONDITIONS TO CLOSING.
"(a) 'Escrow Holder is prepared to issue a Title
Policy consistent with the items reflected on the City
Title Report and the Flood Control District Title
Report which have been approved by the City and the
Flood Control'District, respectively;
"(b) The following documents, in substance and
form as attached hereto, properly executed and
acknowledged, shall have been received by Escrow
Holder:
112089 -1- 188904-02
First American ~ .e Insurance Company
· 198~ - Page 2
"(i) City quitclaim of construction easement
to TIC;
(ii) City Easement;
(iii) District Easement; and,
(iv) Grant Deed to District.
"(c) Notification provided to the Escrow Holder
that construction of the Facilities has been
completed. Such notification shall be deemed provided
when the Escrow Holder receives ~either: (i) a copy of
the City's recorded Notice of Completion for the
Facilities and a copy of'the State of California,
Division of Safety of Dams Certificate of Approval for
the Facilities; or (ii) written assurances from the
City, TIC and the Flood Control District that the
Facilities have been completed.
"5. When the conditions in paragraph 4 above have been
satisfied, the Closing shall take place as follows:
"(a) Escrow Holder shall immediately record the
following instrument referred to in subparagraph 4b
above at 8:00 .A.M.:
"(i) City quitclaim of construction easement
to TIC.
"(b) Escrow Holder shall immediately record the
following instruments referred to in subparagraph 4b
above in the order listed at 8:01 A.M.:
"(i) City Easement;
(ii) District Easement; and,
(iii) Grant Deed to District.
"(c) Within ten (10) calendar days after such
recordings, Escrow Holder shall provide the Title
Policies referred to in paragraph 3 above to the Flood
Control District and the City, respectively."
112089 -2- 188904-02
First American '~ e Insurance Company
, 1987 - Page 3
Ail notices or other notifications by Escrow Holder should be
made in writing to each of the Undersigned at the addresses
indicated below:
1. The Irvine Company
Irvine Community Development
Company
550 Newport Center Drive
8th Floor
Newport Beach, CA 92660
Attn: General Counsel
2. The City of Tustin
City of Tustin
300 Centennial Way
Tustin, CA
Attn: City Engineer
3. The Orange County
Flood Control District
Orange County Flood Control
District
Post Office Box 4038
400 Civic Center Drive West
Santa Ana, CA 92702
Attn: Chief Drainage Section
Chief Right-of-Way
Engineering
112089 -3- 188904-02
First American ~. e Insurance Company
, 198> - Page 4
These instructions may be executed in counterparts, and the
signed counterparts shall constitute a single instrument.
Very truly yours,
The Irvine Company
By:
Name:
Title:
The City of Tustin
By:
Name:
Title:
Date:
Orange County Flood Control
District
By:
Ernie Schneider,
Director, EMA
APPROVED AS TO FORM:
By:
James G. Rourke
City Attorney
City of Tustin
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
Orange County, California
By:
Deputy Date
112089 -4- 188904-02
LANCE A. ADAIR
THOMAS P. APLIN
ROBERT E. CALLAHAN
WILLIAM R. DEVINE
SUSAN K. HORI
RAYMOND KING
STEVEN A. McHOLM
TIM PAONE
VICTORIA PARRET
DANIEL K. WlNTON °
'A PROFESSIONAL CORPORATION
Paone, C
ha.n, McHolm &Winton
LAWYERS
December 1, 1989
VIA MESSENGER
James Rourke, Esq.
Rourke & Woodruff
701 S. Parker Street
Suite 7000
Orange, CA 92668
Dear Jim:
Enclosed is a revised Easement Deed. Please call me if you
have any questions.
Sincerely,
PAONE, CALLAHAN, McHOLM
& WINTON
William R. De~ine
cbm27
Enclosure
'A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
19100 VON KARMAN, 8th FLOOR · P.O. BOX 19613 · IRVINE, CALIFORNIA 92713-9613 · (714) 955-2900 · TELECOPIER: (714) 955-9009
lANCE A. ADAIR
THOMAS P. APLIN
ROBERT E. CALLAHAN
WILLIAM R. DEVINE
SUSAN K. HORI
RAYMOND KING
STEVEN A. McHOLM
TIM PAONE
VICTORIA PARRET
DANIEL K. WINTON'
'A PROFESSIONAL CORPORATION
P&one, (
. han,/V cHolm &Winton
IAWYEP, S
November 27, 1989
VIA MESSENGER
James Rourke, Esq.
Rourke & Woodruff
701 S. Parker Street
Suite 7000
Orange, CA 92668
Dear Jim:
Enclosed is a clean copy of
exhibit reference for eXecution
cbm27
Enclosure
the escrow letter without the
by the City.
Sincerely,
PAONE, CALLAHAN, McHOLM
& WI NTON
William R. Devine
'A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
19100 VON KARMAN, 8th FLOOR · P.O. BOX 19613 · IRVINE, CALIFORNIA 92713-9613 · (714) 955-2900 · TELECOPIER: (714) 955-9009
LANCE A. ADAIR
THOMAS P. APLIN
ROBERT E. CALLAHAN
WILLIAM R. DEVINE
SUSAN K. HORI
RAYMONO KING
STEVEN A. McHOLM
TIM PAONE
VICTORIA PARRET
DANIEL K. WINTON'
'A PROFESSIONAL CORPORATION
Paone, C
November 21, 1989
. han. McHolm &Winl:on
LAWYERS
VIA MESSENGER
Mr. James Rourke
Rourke & Woodruff
701 S. Parker Street
Suite 7000
Orange, CA 92668
Dear Jim:
Enclosed
Amendment in
questions.
are copies
final form.
cbm27
of all
the documents relating to the
Please contact me if you have any
Sincerely,
PAONE, CALLAHAN, McHOLM
& WINTON
William R. Devine
'A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
19100 VON KARMAN, 8th FLOOR · P.O. BOX 19613 · IRVINE, CALIFORNIA 92713-9613 · (714) 955-2900 ° TELECOPIER: (714) 955-9009