HomeMy WebLinkAbout11 PURCHASE PROPERTY 10-6-03AGENDA REPORT
Agenda Item
Finance Director
MEETING DATE:
TO:
FROM:
SUBJECT:
OCTOBER 6, 2003
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGiNEERING DIVISION
APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY
FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (APN NOS. 500-101-01,
500-101-02, AND 500-101-04: SAUL STEVENS, TRUSTEE, VIRGINIA
MARIE STEVENS, AND SHIRLEY ANN GRISET) (CIP NO. 7118)
SUMMARY
The proposed Agreement to Purchase Real Property will begin the final process for the City to
acquire the needed right-of-way at the following properties: 13022-13024 Newport Avenue (APN 500-
101-01); 13032 Newport Avenue (APN 500-101-02); and 1021-1025 Irvine Boulevard (APN 500-101-
04) to construct the Irvine Boulevard and Newport Avenue Intersection Enhancement Project (CIP
No. 7118).
RECOMMENDATION
It is recommended that the City Council take the following actions:
Adopt Resolution 03-117 finding that the acquisition of a portion of Assessor's Parcel Nos. 500-
101-01, 500-101-02, and 500-101-04 were considered in the final environmental determination
for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project (CIP No. 7118)
and approving the Purchase Agreement with Saul Stevens, Trustee; Virginia Marie Stevens; and
Shirley Ann Griset (hereinafter "Sellers").
2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with the Sellers on
behalf of the City.
FISCAL IMPACT
The City's Capital Improvement Program (CIP) budget for FY 2003-2004 appropriates funds for right-
of-way acquisition for this project. The FY 2003-2004 budget for right-of-way acquisition is comprised
of Measure "M" Competitive funds, Measure "M" Turnback funds, Santa Ana-Tustin Transportation
System Improvement Authority funds and Proposition 111 Gas Tax funds. Approval of the Purchase
Agreement will authorize an expenditure of $101,324 for right-of-way acquisition. The Temporary
Construction Easement (TCE) and escrow and title fees will be additional costs. These costs are
$17,224 for the TCE and an estimated $2,500 for escrow and title fees.
Approval of an Agreement to Purchase Real Property for the Irvine Boulevard and Newport
Avenue Intersection Enhancement Project (APN Nos. 500-101-01, 500-101-02, and 500-101-
04)
October 6, 2003
Page 2
BACKGROUND
The Irvine Boulevard and Newport Avenue Intersection Enhancement Project proposes to widen the
intersection of Irvine Boulevard and Newport Avenue and both arterials beyond the intersection. The
limits of the widening on Irvine Boulevard are from the west side of Holt Avenue to 100 feet east of
Elizabeth Way and on Newport Avenue from First Street to Wass Street. On Irvine Boulevard, the
improvements will include three through lanes in each direction with double left turn lanes in each
direction at Newport Avenue. On Newport Avenue the improvements will include three through lanes
in each direction between Holt Avenue and the north side of Old Irvine Boulevard. Double left turn
lanes will be provided for southbound Newport Avenue at Old Irvine Boulevard and for northbound
Newport Avenue at Holt Avenue.
In order to construct the improvements, right-of-way is required from fourteen (14) properties in the
form of acquisitions and/or TCE's. For the subject parcels, acquisition and TCE's are required. The
Sellers also own a fourth property located at 13052 Newport Avenue (APN 500-101-03). No
acquisition is required from this parcel but a TCE is required. The TCE required for all four parcels
will be combined into one document.
The cost for acquisition and obtaining the TCE for the parcels owned by the Sellers are as follows:
Acquisition Cost $101,324
TCE Cost $ 17,224
Total Cost $118,548
The owners of parcels 500-101-01, 500-101-02, and 500-101-04, Saul Stevens, Trustee;
Virginia Marie Stevens; and Shirley Ann Griset, have signed the Purchase Agreement for the
right-of-way acquisition required at 13022-13024 Newport Avenue, 13032 Newport Avenue,
and 1021-1025 Irvine Boulevard. The owners will also sign the required TCE for APN 500-
101-01, 500-101-02, 500-101-03, and 500-101-04.
preceding the construction phase of the project.
Director of Public Works/City Engineer
The TCE will be accepted immediately
DEna R. Kasdan' × ~
Engineering Services Manager
TDS: DRK: ccg: Agmt to purchase prop Irvine & Newport Stevens & Reso. 03-117.doc
Attachments: Resolution 03-117
Purchase Agreement
Location Maps
RESOLUTION NO. 03-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF
ASSESSOR'S PARCEL NOS. 500-101-01 (13022-13024 NEWPORT AVENUE),
500-101-02 (13032 NEWPORT AVENUE), AND 500-101-04 (1021-1025 I RVlNE
BOULEVARD) WERE CONSIDERED IN THE FINAL ENVIRONMENTAL
DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND
APPROVING THE PURCHASE AGREEMENT
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the acquisition of a portion of Assessor's Parcel Nos. 500-101-01,
500-101-02, and 500-101-04 are needed for public use, namely to be utilized for the
Irvine Boulevard and Newport Avenue Intersection Enhancement Project
("Enhancement Project") within the City of Tustin; and
WHEREAS, on November 1, 1999, the Tustin City Council certified the Final
Mitigated Negative Declaration as adequately addressing the environmental effects of
the Enhancement Project; and
WHEREAS, the acquisition of property, including a portion of Assessor's Parcel
Nos. 500-101-01, 500-101-02, and 500-101-04 were considered in the Final Mitigated
Negative Declaration; and
WHEREAS, State law authorizes the City to acquire the property for the above
stated purpose; and
WHEREAS, the owners of Assessor's Parcel Nos. 500-101-01 (13022-13024
Newport Avenue), 500-101-02 (13032 Newport Avenue), and 500-101-04 (1021-1025
Irvine Boulevard) have executed the Purchase Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Tustin,
as follows:
1. ENVIRONMENTAL FINDING
The City Council of the City of Tustin finds that the effects of the proposed
acquisition were considered in the Final Mitigated Negative Declaration and
that no additional environmental review is required.
Resolution No. 03-117
October 6, 2003
Page 2
2. PUBLIC USE
The public use to which a portion of Assessor's Parcel Nos. 500-101-01,
500-101-02, and 500-101-04 are needed is for the widening of an existing
roadway, to wit, Irvine Boulevard and Newport Avenue within the City of
Tustin.
DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO BE
ACQUIRED
The property to be acquired is described as a portion of Assessor's Parcel
Nos. (1) 500-101-01; (2) 500-101-02; and (3) 500-101-04, their address
being (1) 13022-13024 Newport Avenue; (2) 13032 Newport Avenue; and (3)
1021-1025 Irvine Boulevard and more particularly described in Exhibit A,
Legal Description of Property attached and incorporated herein by reference.
The Purchase Agreement is attached as Exhibit 1.
4. STATUTORY FINDING
The City Council makes the following additional findings:
The public interest and necessity require the widening of Irvine
Boulevard and Newport Avenue to accommodate additional traffic
within the City of Tustin.
b. The proposed project is planned and located in a manner that will be
most compatible with the public good and the least private injury.
c. The properties described above are necessary for the proposed road
widening of Irvine Boulevard and Newport Avenue.
d. An offer of purchase of the properties has been made to the owners of
the property pursuant to Government Code Section 7267.
5. AUTHORIZATION
The Purchase Agreement is hereby approved and the City Manager and
City Attorney are authorized and directed to perform all acts necessary on
behalf of the City for the acquisition of said properties.
Resolution No. 03-117
October 6, 2003
Page 3
6. EXPENDITURE OFFUNDS
The City Manager is hereby authorized to expend funds available to the City
for the acquisition of real property described herein.
7. RECORDING
The City Clerk is hereby authorized and directed to record a certified copy of
this resolution at the Office of the County Recorder, County of Orange.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6th day of October 2003
Tracy Wills Worley, Mayor
ATTEST:
City Clerk
AGREEMENT TO PURCHASE REAL PROPERTY
13022- 13024, 13032 NEWPORT AVENUE AND 1021 - 1025 IRVINE
BOULEVARD, TUSTIN, CALIFORNIA
THIS AGREEMENT is entered into this day of ,20 ,
by and among the City of Tustin, a municipal corporation (hereinafter "City"), and Saul
Stevens, Trustee of the Stevens Family Trust, U.A. dated November 15, 1989, Virginia
Marie Stevens, FKA Virginia Marie Brown, and Shirley Ann Griset, a widow, (hereinafter
"Sellers").
RECITALS
1. Sellers, own improved real property at 13022-13024, 13032 Newport
Avenue and 1021 - 1025 Irvine Boulevard, which is shown on Exhibit "A" (hereinafter
referred to as the "Property"). Exhibit "A" is attached hereto and is incorporated herein
by this reference.
2. Sellers represent that Saul Stevens, Trustee of the Stevens Family Trust,
U.A. dated November 15, 1989 and Virginia Marie Stevens, FKA Virginia Marie Brown
have an undivided one-half interest in the Property and that Shirley Ann Griset, a
widow, has an undivided one-half interest in the Property.
3. The City desires to acquire the Property for a potential future public
purpose. The City has filed a Complaint in Eminent Domain to acquire the same.
4. Sellers desire to sell the Property to the City.
NOW, THEREFORE, in view of the above-recitals and mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
Section 1. Sale/Purchase of Property
On the terms and conditions set forth herein, Sellers agree to sell the Property to
City and City agrees to purchase the Property from Sellers. The total purchase price,
payable in cash through escrow, shall be One Hundred One Thousand Three Hundred
Twenty-Four Dollars ($101,324.00). In exchange for receipt of this amount, Sellers
release City of any and all claims by Sellers under the United States Constitution
Amendments 5 and 14, and for any and all claims under state law, including but not
limited to claims for relocation benefits and loss of goodwill.
Section 2. Timeframe for Completion of Obligations/Escrow
This sale shall be consummated through an escrow. As soon as possible after
this Agreement is executed, City agrees to open an escrow in accordance with this
Agreement at First American Title Insurance Company ("Escrow Holder") ("Open
Escrow"), 2 First American Way, Santa Ana, California 92707, Attention: Robert
Benevente ("Escrow Officer"). This Agreement, along with Exhibits "A," "B," and "C"
attached hereto, constitutes the joint escrow instructions of City and Sellers to the
Escrow Holder, which may be supplemented by escrow holder's form agreement. As
soon as possible after opening of escrow, Sellers shall execute the grant deed attached
hereto as Exhibit "C" and incorporated herein by this reference, and shall deposit the
deed with the Escrow Officer. Subject to the conditions described in Section 8, City
shall deposit into escrow the sum set forth in Section 1 above, payable to Sellers. The
closing date for the escrow shall be no later than thirty (30) days after opening of
escrow, unless such date is extended by written agreement of the parties. "Close of
Escrow" shall be the date when the grant deed to the City is recorded. Except as
provided in Section 8, City shall pay escrow and closing costs. City shall also pay the
costs of the ALTA title insurance referenced in Section 8.1.
Section 3. Warranty Against Easements Not of Record
To the current, actual knowledge of Sellers, Sellers warrant to City that as of the
date of this Agreement and as of the date of close of escrow, Sellers have not granted
any unrecorded easements or licenses on the Property.
Section 4. Warranty of No Governmental Action
To the current, actual knowledge of Sellers, Sellers warrant that there is not now,
and as of close of escrow, there will not be, any violation of any law, ordinance, rule, or
administrative or judicial order affecting the Property, nor is there any judicial order
affecting the Property, nor is there any condemnation, zoning change, or other
proceeding or action (including legislative action) pending, threatened, or contemplated
by any governmental body, except City, authority, or agency that will in any way affect
the size or use of, improvements or construction on, or access to the Property by City.
This warranty does not apply to governmental action where notice has not been
provided to Sellers.
Section 5. Warranty Against Contracts Concerning Property
To the current, actual knowledge of Sellers, Sellers warrant that as of the date of
this Agreement and as of close of escrow, Sellers have not entered into any contracts,
leases, licenses, commitments, or undertakings respecting the Property, or for the
performance of services on the Property, or for the use of the Property or any part of it
or any agreement or contract of any kind pertaining to the Property by which City would
become obligated or liable to anyone.
Section 6. Warranty Against Violations
To the current, actual knowledge of Sellers, Sellers warrant and represents that
as of the date of this Agreement and as of close of escrow, Sellers have no notice or
knowledge of any violation of any statute, ordinance, regulation or administrative or
judicial order or holding, whether or not appearing in public records, with respect to the
Property or any improvements on the Property.
Section 7. Environmental Compliance
7.1 Except as stated hereinafter, Sellers warrant and represents that, during
the time in which Sellers have owned the Property, neither Sellers nor, to the current,
actual knowledge of Sellers, any third party, has used, generated, manufactured,
produced, stored or disposed of, on, under, or about the Property or transported to or
from the Property any hazardous materials, including without limitation, flammable
materials, explosives, asbestos, radioactive materials, hazardous wastes, toxic
substances, or related injurious materials, whether injurious by themselves or in
combination with other materials. To the current, actual knowledge of Sellers there is
no proceeding or inquiry by any governmental authority, including without limitation, the
California or Federal Environmental Protection Agency or the California State
Department of Toxic Control, or state or regional water quality board, with respect to the
presence of such hazardous materials on the Property or their migration from or to other
property. For purposes of this Agreement, the term "hazardous materials" shall include
but not be limited to substances defined as "hazardous substance," "hazardous
materials," or "toxic substances" in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (Title 42 United States Code
Sections 9601-9675); the Hazardous Materials Transportation Act, as amended (Title
49 United States Code Sections 1801-1819); the Resource Conservation and Recovery
Act of 1976, as amended (Title 42 United States Code Section 6901-6992k); and any
substance defined as "hazardous waste" in Health and Safety Code Section 25117 or
as "hazardous substance" in Health and Safety Code Section 25316, and in the
regulations adopted and publications promulgated under these laws.
The United States of America, acting by and through the Department of the Navy
(hereinafter the "Navy"), has notified the Sellers of a leak in a jet fuel line under the
street at the intersection of Newport Avenue and Old Irvine Boulevard, which leak has
impacted several properties in the surrounding area, including the City streets and
Sellers' property. The Department of the Navy through its contractors has for several
years been engaged in remediation and monitoring well activity in connection therewith.
The clean up and monitoring is the responsibility of the Navy Department and it has
been ongoing since approximately 1990 by the Navy Department through its contractors
pursuant to requirements of the State Regional Water Quality Board.
Sellers further state that the northeast corner of Newport Avenue and Irvine
Boulevard has been utilized by Chevron as a gasoline station for more than 40 years
and the gasoline tanks have now been removed and Chevron has undertaken the clean
up and remediation of any and all hazardous materials that may exist as a result of their
occupation and use of the property, and is responsible therefor.
7.2 Except with respect to the Navy and Chevron, as described in Section 7.1,
Sellers hereby agree to indemnify, protect, hold harmless, and defend City, its
councilmembers, officers, employees, agents, from and against any and all loss,
expense, damage and liability, including without limitation (1) all foreseeable and
unforeseeable consequential damages, directly or indirectly arising from the use,
generation, storage, or disposal of hazardous material on the Property by Sellers,
Sellers' tenants, or other person using the Property with Sellers' actual knowledge or
consent; and (2) the cost of any required or necessary repair, cleanup, or detoxification
and the preparation of any closure or other required plans, regardless of whether such
action is required before or after the close of escrow, but only to the extent that such
liability is attributable~ directly or indirectly, to the presence or use, generation, storage,
release, threatened release, or disposal of hazardous materials by Sellers, Sellers'
tenants, or other person using the Property with Sellers' consent or actual knowledge
that occurred while Sellers owned the Property. Sellers' indemnity shall survive close of
escrow.
7.3 From and after Close of Escrow, City agrees to indemnity, protect, hold
harmless and defend Sellers from and against any and all loss, expense, damage and
liability, including without limitation (1) all foreseeable and unforeseeable consequential
damages, directly or indirectly arising from the use, generation, storage, or disposal of
hazardous material on the Property by City; and (2) the cost of any required or
necessary repair, cleanup, or detoxification and the preparation of any closure or other
required plans, but only to the extent that such liability is attributable, directly or
indirectly, to the presence or use, generation, storage, release, threatened release, or
disposal of hazardous materials on the Property by City. City's indemnity shall survive
close of escrow.
Section 8. City's Obligations is Subject to Conditions
City's obligation to perform this Agreement is subject to City's approval of the
condition of title, described in Sections 8.1 and 8.2, City's approval of the condition of
the Property described in Section 8.3, and no breach of representations, as described in
Section 8.4.
8.1 First American Title Insurance Company shall be able to issue in favor of
City an ALTA standard owner's policy of title insurance dated as of close of escrow with
liability not less than the purchase price, covering the Property, showing title vested in
City, and showing as exceptions only current general and special real property taxes,
bonds and assessments not yet delinquent, and the exceptions to title that City has
approved.
8.2 Promptly, upon opening of escrow, Escrow Holder shall furnish City with a
title commitment for an ALTA title policy and legible copies of all documents reported as
exceptions in it ("Title Documents"). City shall notify Sellers and Escrow Holder in
writing within ten (10) days after receipt of the title commitment and the Title Documents
of City's disapproval of any exception in those documents. If any supplemental title
commitment or supplemental Title Documents are submitted, then City shall notify
Sellers and Escrow Holder in writing within ten (10) days after' City's receipt of such
items, but not later than the date mutually agreed upon by the parties in writing for the
Close of Escrow, of City's disapproval of any title exception set forth therein.
Failure of City to notify Sellers and Escrow Holder in writing of City's disapproval
of any title exceptions shall conclusively be considered as City's approval of same. If
City disapproves any title matter referred to in this paragraph, then, at City's option, this
Agreement and the escrow shall be canceled, and in such event all funds or other
things deposited by City shall be returned to City immediately on demand, and City shall
pay all title company and escrow charges.
8.3 City shall pay for a Property Condition Inspection by a competent
inspector selected by the City. City's obligation to close escrow is contingent upon City's
approval of the condition of the Property at its sole discretion.
8.4 If there is a breach of any representation or warranty given by Sellers
pursuant to this Agreement that is discovered by City before close of escrow, then City
may nevertheless elect to proceed to close the escrow, in which event City shall be
deemed to have elected to waive such breach, or City may elect to terminate this
Agreement and the escrow, in which event this Agreement shall be canceled. If this
Agreement and the escrow are terminated by City's election under this paragraph, then
all funds or other things deposited by City, if any, shall be returned to City immediately
on demand, and Sellers shall pay all title company and escrow charges.
Section 9. Warranty Against Litigation Concerning the Property
To Sellers' current, actual knowledge, as of the date of this Agreement and as of
Close of Escrow, no litigation is or will be pending against Sellers regarding the use,
operation, development, condition or improvement of the Property, or regarding any
right, title or interest in the Property.
Section 10. Threat of Condemnation
Sellers and City acknowledge that the purchase and sale of the Property has
been negotiated under the threat of condemnation of the Property by the City. In the
event of Sellers' default, City's ability to perform is prejudiced. Accordingly, in the event
the escrow fails to close by reason of a default by Sellers, Sellers agree:
Property.
That the public interest and necessity requires the acquisition of the
B. That Sellers waive any claim to severance damages and goodwill under
any eminent domain proceedings commenced at any time hereafter by the City of
Tustin with respect to the Property.
C. That Sellers waive any claim to any relocation assistance in any eminent
domain proceedings commenced by the City of Tustin with respect to the Property.
D. Sellers acknowledge that in waiving these claims they have not relied on
any representations or statements made or said by City, its agents, attorneys or other
representatives.
Section 11. Attorneys' Fees
If any party files an action or brings any proceeding against the other arising from
this Agreement, or is made a party to any action or proceeding brought by the Escrow
Holder, then as between City and Sellers, the prevailing party shall be entitled to
recover as an element of its costs of suit, and not as damages, reasonable attorneys'
fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to
recover its costs of suit, whether or not suit, proceeds to final judgment. A party not
entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees
shall be included in calculating the amount of a judgment for purposes of deciding
whether a party is entitled to its costs or attorneys' fees.
Section 12. Warranties to Survive Close of Escrow
All warranties, covenants, and other obligations stated in this Agreement shall
survive close of escrow. All warranties, covenants, and other obligations that the City
discovers to be breached before tender of the deed, and that City expressly waives or
does not object to before such tender, shall not survive tender of the deed.
Section 13. Binding on Successors.
Except as otherwise provided herein, this Agreement inures to the benefit of, and
is binding on, the parties, their respective heirs, personal representatives, successors,
and assigns.
Section 14. Integration Clause
This Agreement constitutes the entire agreement~ among the parties and
supersedes all prior discussion, negotiations, and agreements whether oral or written.
Any amendment to this Agreement, including an oral modification supported by new
consideration, must be reduced to writing and signed by all of the parties before it will
be effective.
Section 15. No Representation Regarding Legal Effect of Document
No representation, warranty, or recommendation is made by Sellers or City or
their respective agents, employees, or attorneys regarding the legal sufficiency, legal
effect, or tax consequences of this Agreement or the transaction, and each signatory is
advised to submit this Agreement to his or her respective attorney before signing it.
Section 16. Counterparts
This Agreement may be executed in counterparts, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument.
Section 17. Time is of the Essence
Time is of the essence of this Agreement, and failure to comply with the time
provisions of this Agreement shall be a material breach of this Agreement.
Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey
City Attorney
SELLERS
By: ~
Sa~ul SteVens, Tru~te~ of t}{e Stevens
Family Trust, U.A. Dated 11/15/89
By:
~i~gi~arie Ste~-er~s, FKA
Virginia Marie Brown
By;.
Shirley Ann Griset, a Widow
S:/CIP Active - 7118- Irvine-Newpod/Acquisition/Stevens Purchase Agreement FinaLdoc
Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey
City Attorney
SELLERS
By:
Saul Stevens, Trustee of the Stevens
Family Trust, U.A. Dated 11/15/89
By:
By:
Virginia Marie Stevens, FKA
Virginia Marie Brown
Shirley AnOn Gdset, a Widow
S:/CIP Active - 7118- Irvine-Newport/Acquisition/Stevens Purchase Agreement Final.doc
EXHIBIT A
Legal Description of Property
EXHI'BTT "A'
PARCEL 107-5
THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CAI TFORNIA, AS SHOWN ON MAP RECORDED
IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING (P.O.C.) AT THE MOST NORTHERLY CORNER OF 'SAID LOT 1, SAID
POINT ALSO BEING THE MOST NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN
AN EASEMENT DEED RECORDED MARCH 18~ 1958 IN BOOK 4231 AT PAGES 229-231 IN
THE OFFICE OF THE RECORDER OF SAID .COUNTY; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID PARCEL A SOUTH 39°57'41" WEST 35.05 FEE'F;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 50°02'19'' EAST 69.98 FEET TO
THE TRUE POINT OF BEGINNING (T.P.O.B.) SAID POINT BEING ON A LINE
PARALLEL WITH AND 35.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF
SAID LOT 1; THENCE ALONG SAID PARALLEL LINE~ SOUTH 50000'00'' EAST 15.55 FEET;
THENCE SOUTH 85047'45'' WEST 21.69 FEET; THENCE NORTH 40°00'00'' EAST 15.12
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 118 SQUARE FEET = 0.00 ACRES~ MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", A'I-FACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
EUGENEd~SHAFFER, L.S. 4644 ~"~,/ DATE
LICENSE EXPIRES SEPTEMBER 3~, 20~2
EXHIBIT "B"
PARCEL 107-5
LINE. TABLE
LINE BEARING LENGTH
L 1 SSO'O0'O0"E' 15.55'
L2 S85'47'45 "W 21,69'
LJ N#O'OO'OO'E 15.12'
0 20 40
GRAPHIC SCALE: 1"=40'
ARE~ ! SO. F£E7 I ACRES
ASL Consulting Engineers
16241 LACUNA CYN RD
SUFE 200
IRVINE SA 92615
SHEET 1 OF
PREPARED UNDER THE DIRECTION OF. /
E"~OEN?',~--, SHAFFER L.S. ~6
LICEN2~ E>f~iRE2 O~ '53
EXHTBTT "A'
PARCEL :1.07-4
THAT PORTION OF THE NOR~qEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUS'I-IN, COUNTY OF ORANGE, 5lATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED
IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING (P.O.C.) AT THE MOST NORTHERLY CORNER OF SAID LOT 1, SAID
POINT ALSO BEING THE MOsl NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN
AN EASEMENT DEED RECORDED MARCH 18, 1958 IN BOOK 4231 AT PAGES 229-231 IN
THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID PARCEL A SOUTH 39°57'41" WEST 75.00 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 50°02'19'' EAST 50.00 FEET TO
A POINT ON THE SOUTHEASTERLY lINE OF SAID PARCEL A, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE NORTH 84°58'33'' EAST 11.11
FEET; THENCE SOUTH 41°35'31" WEST 67.92 FEET TO THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE RECORDED OCTOBER 12,
1958 IN BOOK 4454~ PAGE 381 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG SAID LINE NORTH 50°00'00'' WEST 5.93 FEET TO THE SOUTHEASTERLY LINE
OF SAID PARCEL A; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 39°57'41'
EAST 60.03 FEEl'TO THE TRUE POINT OF BEGINNING.
CONTAINING 437 SQUARE FEET = 0.01 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B', ATTACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
EUGENideS.. SHAFFER L.S.~ '"-"'464,,~//
LICENSE EXPIRES SEm- MB 3 oo2
DATE
LINE I LINE TABLE
BEARING I LENGTH
L1 N84'SB'33"E 11,11'
L2
N50'OO'OO"W 5.93'
0 20 40 80
I '
GRAPHIC SCALE: 1"=40'
437 ! O.O1 ]
ASLConsulting Engineers
16241 LAGUNA CYN RD
SUITE 200
IRVINE, CA 92618
PARCEL 107-4
EXHIBIT "B" SHEET l OF 1
PARCEL 107-4
XP.O.B. '
/
/
PREPARED UNDER THE DIRECTION OF
EUGENE:~A. SHAFFER L.S
Li?ENEE EXPIRE? 09/3D,'20¢_
EXHlrBI"I'
PARCEL 107-3
THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN THE Cl'TY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED
IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID
COUNTYf DESCRIBED AS FOLLOWS:
BEGTNNZNG (P.O.B.) AT THE MOST NORTHERLY CORNER OF THE PARCEL
DESCRIBED IN THE OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT
NO. 92-363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY SAID POINT
BEING ON THE SOUTHEASTERLY RIGHT OF WAY OF NEWPORT AVENUE; THENCE
ALONG SAID RIGHT OF WAY, NORTH 39°57'41' EAST 78.44 FEET TO THE
NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE
RECORDED NOVEMBER 16, 1961 IN BOOK 5915~ PAGE 364 OF OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG SAID LINE SOUTH 50000'00'' EAST 5.93 FEET; THENCE
LEAVING SAID LINE SOUTH 41°35'31' WEST 10.71 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1992.00
FEET;. THENCE SOUTHWESTERLY ALONG SAID CURVE 67.75 FEET THROUGH A
CENTRAL ANGLE OF 01°56'55' TO A POINT ON THE NORTHEASTERLY LINE OF SAID
INSh'~(UMENT NO. 92-363619; THENCE ALONG SAID NORTHEASTERLY LINE NORTH
50°00'00'' WEST 4.85 FEET TO THE POTNT OF BEGZNNZNG.
CONTAINING 403 SQUARE FEET = 0.01 ACRES~ MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"~ A'I-FACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
LICENSE EXPIRES SEPTEMBE~30,//2/d02
EXHIBIT"B" ' SHEET ~ oF ~'
/ PARCEL 107-3
/ CO O~
· ~ ~ ·
/4,4,,,'z
PARCEL 107-3
L1
LINE TABLE
LINE BEARING LENGTH
L 1 S50"00 '00 "E 5.
L2 S41 '35 '31 "IV 10. 71 '
LZ NSO'O0 'O0"!,V 4.85'
CURVE TABLE
C?VI E DELTA RADIUS
01 '55 '55" 1,992.00'
20 40 80
'
GRAPHIC SCALE: 1"=,4-0'
i 403 i o,o! !
ASL Consulting Engineers]
16241 LAGUN~ CYN RD
SUIT~ 200
PREPARED UNDER THE DiRECTtON OF
EXH1'BTT "A'
PARCEL 107-2
THAT PORT~ON Of THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN THE Q-FY OF TUST~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN oN MAP RECORDED
IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFF~CE OF THE RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING (P.O.B.) AT THE MOST EASTERLY CORNER OF THE PARCEL DESCRIBED
I'N THE OFFER OF DED:ICATION RECORDED MAY 29, 1992 AS I'NSTRUMENT NO. 92-
363619 IN THE OFF:ICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH
89°58'39'' EAST 54.24 FEET TO THE BEG:INNTNG OF A TANGENT CURVE, CONCAVE
SOUTHERLY AND HAVING A RADI'US OF ~.260.00 FEET; THENCE EASTERLY ALONG SAID
CURVE 82.5! FEET THROUGH A CENTRAL ANGLE OF 03°45'07' TO THE
NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID
NORTHEASTERLY ONE-HALF OF LOT 1; THENCE ALONG SAID LINE, SOUTH 39°5S'33''
WEST 12.42 FEET TO THE NORTHERLY LINE OF PARCEL A AS DESCRIBED TN AN
EASEMENT DEED RECORDED ..1ULY 29, 1959 IN BOOK 48~.7 AT PAGES 522-524 :IN THE
OFFICE OF THE RECORDER OF SAID COUNTY', SAID POI'NT ALSO BEING THE
BEGINNTNG OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, THE RAD:IUS OF
WH'~CH BEARS SOUTH 03°23'36' WEST 1250.00 FEET; THENCE WESTERLY ALONG SAID
CURVE 74.52 FEET THROUGH A CENTRAL ANGLE OF 03°24'57"; THENCE SOUTH
89°58'39'' WEST 54.24 FEET TO THE SOUTHEASTERLY CORNER OF SAI'D TNSTRUMENT
NO. 92-363619; THENCE ALONG THE EASTERLY LINE OF SAI'D :INSTRUMENT NORTH
00°01'21'' WEST 10.00 FEET TO THE POi'MT OF BEGZNNZNG.
CONTA.I[NING 1,328 SQUARE FEET = 0.03 ACRES, MORE OR LESS.
ALL AS MORE PAR"r'~CULARLY SHOWN ON EXHIB~-f "B", A'I-FACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
EUGEN~HAF~ER, L.S :'464~"// DATE
I TCENSE EXP:IRES SEPTEMBER'30,,~'002
EXHIBIT "B"
0 20 40 80
GRAPHIC SCALE: 1"=40'
AREA [ SO. FEB [ ACRES !SCL METERS
ASLConsulting Engineers
16241 LACUNA CYN RD.
SUITE 200
[RVINE, CA 926!~'
PARCEL 107-2
50' ~
10'
PGA, N.~LY t/2 OF
LOT I DLOCK 12 OF
JRVJJ\J~_/S SUBDJVJSJON
107-2
LINE TABLE
LINE BEARING LENGTH
L 1 NSC'58'39 "E 54.24'
L2 S,~9'55 '35"W 12.42'
L~ $89'58'39 "W 54.24'
L4 i NOO'O1'21"W 10.00'
CURVE TABLE
CURVE DELTA RADIU..c, LENGTH
Cl
03'45'07" 1260.00' 82.51'
C2 0,3"24 '57" 1250.00' 74.52'
PREPARED UNDER THE DIRECEION OF,/:.
SHAFFER 4z:
L',SENSE EX~iREg 09 '30/2002
EXHIBIT B
Escrow Instructions
1. Escrow
City and Sellers agree to open escrow in accordance with Section 2 of this
Agreement. This Agreement constitutes the joint escrow instructions of City and
Sellers, and Escrow Agent to whom these escrow instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to do all acts
necessary to close this escrow in the shortest possible time.
As soon as possible after open of escrow, Sellers will execute the Grant Deed
attached to this Agreement as Exhibit "C" and deposit the executed deed with Escrow
Agent on City's behalf. City agrees to deposit the purchase price upon demand of
Escrow Agent. City and Sellers agree to deposit With Escrow Agent any additional
instruments as may be necessary to complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Sellers will
cancel Sellers' own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a
general escrow account(s) and may be transferred to any other such escrow trust
account in any State or National Bank doing business in the State of California. All
disbursements shall be made by check from such account.
Escrow Agent is Authorized and is Instructed to Comply with the Following
Tax Adjustment Procedure:
Pay and charge Sellers for any unpaid delinquent taxes and/or penalties
and interest thereon, and for any delinquent or non-delinquent
assessments or bonds against the Property.
In the event this e§crow closes between July 1 and November 1, and the
current tax information is not available from title insurer, Escrow Agent is
instructed to withhold from Sellers' proceeds an amount equal to 120% of
the prorated amount due based upon the previous fiscal year's second
half tax bill. At such time that the tax information is available, Escrow
Agent shall make a check payable to the County Tax Collector for Sellers'
prorated portion of taxes and forward same to the City and shall refund
any difference to the Sellers. In the event the amount withheld is not
sufficient to pay Sellers' prorated portion of taxes due, the Sellers herein
agree to immediately pay the difference.
10
In the event said tax information is available, Sellers' taxes shall be prorated in
accordance with paragraph "C" below.
From the date that tax information is available, as per paragraph "B," up to
and including June 30th, Sellers' current taxes, if unpaid, shall be prorated
to date of close of escrow on the basis of a 365 day year in accordance
with Tax Collector's proration requirements, together with penalties and
interest, if said current taxes are unpaid after December 10 and/or April
10. At close of escrow, check payable to the County Tax Collector for
Sellers' pro-rata portion of taxes shall be forwarded to City with closing
statement.
Any taxes which have been paid by Sellers, prior to opening of this
escrow, shall not be prorated between City and Sellers, but Sellers shall
have the sole right, after close of escrow, to apply to the County Tax
Collector of said county for refund. This refund would apply to the period
after City's acquisition, pursuant to Revenue and Taxation Code Section
5096.7,
3. Escrow Agent is Authorized to and Shall:
Pay and charge City for escrow fees and closing costs payable under this
Agreement.
Disburse funds and deliver deed when conditions of this escrow have
been fulfilled by City and Sellers.
The Term "close of escrow", if and where written in these instructions, shall mean
the date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or
supplement to, any instructions must be in writing.
11
4. Time is of the Essence in these Instructions and Escrow is to Close as
Soon as Possible
If (except for deposit of money by City, which shall be made by City upon
demand of Escrow Agent before close of escrow) this escrow is not in condition to close
within thirty (30) days from date of these instructions, any party who then shall have fully
complied with these instructions may, in writing, demand the return of their money or
property; but if none have complied, no demand for return thereof shall be recognized
until five (5) days after Escrow Agent shall have mailed copies of such demand to all
other parties at the respective addresses shown in these escrow instructions, and if any
objections are raised within said five (5) day period, Escrow Agent is authorized to hold
all papers and documents until instructed by a court of competent jurisdiction or mutual
instructions. If no demands are made, proceed with closing of this escrow as soon as
possible.
5. Permission to Enter on Premises
Sellers hereby grant to City, or its authorized agents, permission to enter upon
the Property at ail reasonable times prior to close of escrow for the purpose of making
necessary or appropriate inspections.
6. Loss or Damage to Improvements
Loss or damage to the real property or any improvements thereon, by fire or
other casualty, occurring prior to the recordation of the Deed shall be at the risk of
Sellers. In the event that loss or damage to the real property or any improvements
thereon, by fire or other casualty, occurs prior to the recordation of the Deed, City may
elect to require that the Sellers pay to City the proceeds of any policy of insurance
which may become payable to Sellers by reason thereof, or to permit such proceeds to
be used for the restoration of the damage done, or to reduce the total price by an
amount equal to the diminution in value of said Property by reason of such loss or
damage or the amount of insurance payable to Sellers, whichever is greater.
7. Closing Statement
Sellers instruct Escrow Agent to release a copy of Sellers' statement to City; the
purpose is to ascertain if any reimbursements are due Sellers.
12
EXHIBIT C
Form of Grant Deed
13
TUSTIN LEGACY
IR~I~E
LOCATION MAP
COU~'TY
ORAt~GE
/'~../
/
COUNTY
OF
CITY
oo
OWNERS:
APN:
ADDRESS:
SAUL STEVENS, TRUSTEE
VIRGINIA M. STEVENS
SHIRLEY ANN GRISET
500-101-01
13022-13024 NEWPORT AVENUE
tILL F)~H RADSC'O-lf' (" ~'~C' SCALE
LOCATION MAP
COU~T'¢
/
OWNERS:
APN:
ADDRESS:
SAUL STEVENS, TRUSTEE
VIRGINIA M. STEVENS
SHIRLEY ANN GRISET
500-101-02
13032 NEWPORT AVENUE
CiTY
OF
NO cC,ar ~
TUSTIN LEGACY
LOCATION MAP
COUNTY
!
~: OF
OF
OWNERS: SAUL STEVENS, TRUSTEE
VIRGINIA M. STEVENS
SHIRLEY ANN GRISET
APN: 500-101-04
ADDRESS: 1021-1025 IRVlNE BOULEVARD
SCALE