HomeMy WebLinkAboutCC RES 03-117 RECORDING REQUESTED BY: 51
City o•Tustin Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
AND WHEN RECORDED MAIL TO: ill!!IIJIJIIII11111!IIIIIIIi 11111/1!!HIIIIIIRIIIIIIIIIIIIIIIINO FEE
City of Tustin
117 92 R28 003001276783 09:28am 10116103 22
City Clerk's Office 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
300 Centennial Way
Tustin, CA 92780
RECORDING FEES EXEMPT PER GCS 6103
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RESOLUTION NO. 03-117 ) n
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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 IRVINE
BOULEVARD) WERE CONSIDERED IN THE FINAL
ENVIRONMENTAL DETERMINATION FOR THE IRVINE
BOULEVARD AND NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT (ClP 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:
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.
PUBLIC USE
The public use to which a portion of Assessor's Parcel Nos. 500-101-0!, 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.
Resolution No. 03-117
Page 1 of 21
4. STATUTORY FINDING
The City Council makes the following additional findings:
a. 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.
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.
EXPENDITURE OF FUNDS
The City Manager is hereby authorized to expend funds available to the City for
the acquisition of real property described herein.
7. RECORDING
Tustin
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
held on the 6th day of October 2003
City Clerk
WORLEY,
Mayor k.,/
Resolution No. 03-117
Page 2 of 21
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution was duly and regularly passed and adopted
at a regular meeting of the City Council held on the 6th day of October, 2003, by the
following vote:
COUNCILMEMBER AYES: Worley,
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Kawashima, Bone, Davert, Thomas (5)
(0)
(0)
City Clerk
Resolution No. 03-117
Page 3 of 21
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.
Resolution No. 03-117
Page 4 of 21
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.
Resolution No. 03-117
Page 5 of 21
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 comer 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.
Resolution No. 03-117
Page 6 of 21
7.2 Except with respect to the Navy and Chevron, as described in Section 7. t,
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 Properly. 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
4
Resolution No. 03-117
Page 7 of 21
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.
Resolution No. 03-117
Page 8 of 21
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~ bdngs 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.
6
Resolution No. 03-117
Page 9 of 21
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.
Resolution No. 03-117
Page 10 of 21
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: ~te~ns~ T~. T~~stee of ti~e~S'tevens
Family Trust, U.A. Dated 11/15/89
By:
VirgirljarMarie Stevens, FKA
Virginia Marie Brown
By:
Shirley Ann Griset, a Widow
S:/ClP Active - 7118- Irvine-Newport/Acquisition/Stevens Purchase Agreement Final.doc
Resolution No. 03-117
Page 11 of 21
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 An~ Griset, a Widow
S:/CIP Active - 7118- Irvine-NewpoffJAcquisition/Stevens Purchase Agreement Fir~aLdoc
Resolution No. 03-117
Page 12 of 21
EXHIBIT A
Legal Description of Property
Resolution No. 03-117
Page 13 of 21
EXHI'B/T =A'
PARCEL 107-5
THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 1_2 OF IRVINE'S SUBDIVISION~
IN THE CITY OF TUSTiN, COUNTY OF ORANGE, 5'T'ATE OF CALIFORN~, 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 HOST NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN
AN EASEMENT DEED RECORDED MARCH [8, 1958 TN BOOK 423;!. AT PAGES 229-231 IN
THE OFFICE OF THE RECORDER OF SAID .COUNTY; THENCE ALONG THE
NORTHWEETERLY LINE OF SAID PARCEL A SOUTH 39°5'7'41'' WEST 35.05 FEET;
THENCE LEAVING SAID NORTHWESTEPJ_Y LINE SOUTH 50°02'19" EAST 69.98 FEET 'TO
THE TRUE POi'MT OF BEG?NN?NG (T.p.O,B.) SAID POINT BE[NG ON A LINE
PARALLEL WITH AND 35.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF
SAID LOT 1; THENCE ALONG SAID PARALLEL LINE, SOUTH 50°00'00' EAST 15.55 FEET;
THENCE SOUTH 85°47'45" WEST 21.69 FEET; THENCE NORTH 40°00'00' EAST 15.12
FEET TO THE TRUE POINT OF BEGINN?NG.
CONTAZN~'NG 118 SQUARE FEET = 0.00 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
EUGENEd~HAFFER, L.S. 46~//// DATE
LICENSE EXPIRES SEPTEMBER 3~, 201)2
Resolution No. 03-117
Page 14 of 21
EXHIBIT "B" S~ET ~ oF ~'
LtN~
LI
L.2
LJ
PARCEL 107-5
PARCEL · 107- 5 --,.
0 20 40 80
GRAPHIC SCALE: 1"=40'
' I '
ASL Consulting Engineers
1624.1 LACUNA CYN. RD
S UI'T :" 200
I~¥1N:, S; 92615
(94~. 72'~-;'0B.'. ~A, ~4~' ~F--
PREPARED UNDER THE DIRECTIOI~ OF
EUC, EN,P~A. SHAFFER
Resolution No. 03-117
Page 15 of 21
EXHZBI"i'
PARCEL 107-4
THAT PORT~ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN .BLOCK 12 OF IRV[NE'S SUBD1MISION,
IN THE Cl'TY OF TUS'~N, COUNTY OF ORANGE, STATE OF CAL[FORN.U~, AS SHOWN ON MAP RECORDED
IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFF~CE OF THE RECORDER OF SAID
COUNTY, DESCRJ:BED AS FOLLOWS:
COMMENCZNG (P.O.C,) AT THE MOST NORTHERLY CORNER OF SA~D LOT 1, SAZD
POINT ALSO BFTNG THE MOST NORTHERLY C~RNER OF PARCEL A' AS DESCRIBED IN
AN EASEMENT DEED RECORDED MARCH 18, 1958 IN BOOK 4231 AT PAGES 229-231 IN
THE OFF[CE OF THE RECORDER OF SA]:D COUNTY; THENCE ALONG THE
NORTHWESTERLY lINE OF SA/D PARCEL A SOUTH 39°57'41' WEST 75.00 FEET;.
THENCE LEAV/NG S~D NORTHWESTERLY LiNE .SOUTH 50°02'19" EAST 50.00 FEET TO
A POINT ON THE SOUTHEASTERLY ITNE OF S/~[D PARCEL A, SA.rD POINT ALSO BFTNG
THE TRUE pOI'NT OF BEG%NNI'NG (T.P.O.B.); THENCE NORTH 84°58'33" FAST 11.1[
FEE'r; THENCE SOUTH 41°35'31" WEST 67.97. FEET TO THE SOUTHWESTERLY I-[NE OF
THAT CERTAIN PARCEL OF LAND DESCRIBED [N A LEASE RECORDED. OCTOBER 12,
~.958 IN BOOK 4454, PAGE 381 OF OFF/C/AL RECORDS OF SA/D COUNTY; THENCE
ALONG SAZD LZNE NORTH 50°00'00'' WEST 5.93 FEET TO THE SOUTHEASTERLY ITNE
OF SAZD PARCEL A; THENCE ALONG SA.[D SOUTHEASTERLY L/NE NORTH 39°57'4L"
EAST 60,03 FEETTO THE TRUE PO%NT OF BEGI'NN%NG.
CONTA.I:N:[NG 437 SQUARE FEET -- 0.01 ACRES, MORE OR LESS.
ALL AS MORE PAR'['JCULARLY SHOWN ON EXHIBTT "B", A-I-FACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
EUGEN~'-~. SHAFFER L.S. 464~./
'I_ICENSE EXPIRES SEFTEMBc~R 3C~/Z002
Resolution No. 03-117
Page 16 of 21
LINE
LI
L2
LINE TABLE
BEARING
N84 '$8 '33 'E
N$O'O0'O0
LENGTH
11.11'
5.
0 20 40 80
GRAPHIC SCALE: I"=40'
AREA ! SQ. FEET ACRES iso. METERS
43~ O.Ol
ASL Consulting Engineers
16241 LAGUNA CYN. RD.
SUIT~ 200
IRVINE, CA 9261E
L. (949~. ?2"-?099 ~AX;~P49h
PARCEL 107--4
EXHIBIT "B" SHEm
PARCEL 107-4
~P.O.B. ' '%
/
PREPARED UNDER THE DIRECTIO~ OF /,
EU GENE' -~'~HAFFFR L.S ~.,/~ '
Resolution No. 03-117
Page 17 of 21
EXHZBI'r ~'A~'
PARCEL 107-3
TMAT PORTION OF THE NORTHEASTERLY ONE-HAU: OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED
IN BOOK I AT PAGE BB OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, DESCRIBED AS FOllOWS:
BEGZNNZNG (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"~1'' EAST 78.44 FEET TO 'THE
NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A L~.ASE
RECORDED NOVEMBER 16, 1961 IN BOOK 5915~ PAGE 364 OF OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG SAID ~NE 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 RADIIUS OF 1992.00
FEET;. THENCE SOUTHWES"I'ERI.Y ALONG SAID CURVE. 67.75 FEET THROUGH A
CENTRAL ANGLE OF 01°56'55'' lC) A POINT ON THE NORTHEASTERLY ITNE OF SA~D
INSTRUMENT NO. 92-363619; THENCE ALONG SAID NORTHEASTERLY I1NE NORTH
50°00'00" WEST 4.85 FEET TO THE PO%NT OF BEGZNNZNG.
CONTAZNZNG 403 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.
Resolution No. 03-117
Page 18 of 21
EXHIBIT"B" ' SHE~' ~ o~' ~
/ PARCEL 107-3
PARCEL 107-3
L1
CURVE TABLE
CURVE ~ DELTA ~ RADIUS ~ LENCTH
0 20 40 80
GRAPHIC SCALE: 1"=40'
A"E~. ~ sc,. FE~ [ ACR~.~ i SO.
Il 40~ O,O1 J
ASL Consulting Engineers
16241 LAGUN~ CYN. RD
SUIT:' 200
PREPARED UNDER THE DIRECTION OF
Resolution No. 03-117
Page 19 of 21
EXHZBI'T ~'A"
PARCEL 107-2
THAT PORT[ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVZNE'S SUBDIVISION,
IN THE CI-I'Y OF 'lUST[N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN oN NAP RECORDED
IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFF[CE OF THE RECORDER OF SAID
COUNTY, DESCR[BED AS FOLLOWS:
BEG:INN;lNG (P.OiB.) AT THE HOST EASTERLY CORNER OF THE PARCEL DESCRIBED
TN THE OFFER OF DEDICATION RECORDED MAY 29, ].992 AS INSTRUMENT NO. 92-
363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH
89058'39'' EAST 54.24 FEET TO THE BEC-~NNING OF A TANGENT CURVE, CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 1260.00 FEET; THENCE EASTERLY ALONG SAID
CURVE 82.51 FEET THROUGH A CENTRAL ANGLE OF 03°45'07" TO THE
NORTHWEbi~-RLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID
NORTHEASTERLY ONE-HALF OF LOT 1; THENCE ALONG SAID LINE, SOUTH 39°55'33"
WEST 12.42 FEET TO THE NORTHERLY LINE OF PARCEL A AS DESCR.[BED IN AN
EASEMENT DEED RECORDED .~ULY 29, 1959 IN BOOK 4817 AT PAGES 522-524 IN THE
OFFICE OF THE RECORDER OF SAID COUN'rY, SA.ID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, THE RADIUS OF
WHICH 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
89058'39'' WEST 54.24 FEET TO THE SOUTHEASTERLY CORNER OF SAID INSTRUMENT
NO. 92-363619; THENCE ALONG THE EASTERLY ~NE OF SAID INSTRUMENT NORTH
00°0].'21'' WEST 10.00 FEET TO THE POZNT OF BEGI'NNZNG.
CONTAZNZNG 1,328 SQUARE FEET = 0.03 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBTF"B", A'FfACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
EUGENF:~_~. HAFFER, L.S. 4.644/'~// . DATE
LICENSE EXPIRES SEP'l'~MBEI~30,,2002
Resolution No. 03-117
Page 20 of 21
EXHIBIT "B"
PARCEl_ 107-2
5o'~L,x /P.O.B.
SHEET 1 OF 1TM
I
.,,/,'-PARCEL IOT-
CURVE T~LE
CURVE DEL TA R~IUS LENGTH
CI 0~'45'07" 1260.00' 82.51'
C2 0~'24 '57~ ~250.00' 7~.52'
0 20 40 8O
(~RAPHIC SCALE: 1"=40'
AREA SO. FEB,I ACRES !SC;. UETERSI
AS1. Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 200
IBViNS, CA B2518
PREPARED UNDER THE DIRECTION OF...
EU~EN~
UCS~SE E×~iRES 09/30/200:
Resolution No. 03-117
Page 21 of 21
Order No.• •
Escrow No. • Recorded in Official Records, County of Orange
Loan No.
Torn Daly, Clerk-Recorder
WHEN RECORDED Tustin MAIL TO: � IIIIillilliliii!Illl,fill!Iil�l !�Ill i lllllll!I!I!III!111�1O FEE
City Clerk - 2003001300122 09:56am 10122103
300 Centennial Way 130 11 A04 6
Tustin, CA 92780 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Gov't Exemption Code 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE �J
DOCUMENTARY TRANSFER TAX $
Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale. Signature of Declarant or Agency determining tax—Firm Name
CITY OF TUSTIN – ACCEPTANCE FORM
THIS IS TO CERTIFY that the interest in the real property conveyed by the Offer of Dedication for public
street, highway, utility, and other public purposes, executed on April 21, 1992 by Shirley A. Griset and
Virginia Marie Stevens, to the City of Tustin, a Municipal Corporation and recorded at the Orange County
Recorder's Office on May 29, 1992 as document number 92-363619, is hereby accepted pursuant to
Resolution No. 95-39, adopted on April 3, 1995 by the Tustin City Council and the Grantee consents to
recordation thereof by its duly authorized officer. Said Offer of Dedication is shown as Attachment 1.
X/viy-✓ /b//5400 ?
Maria H 1ii1(((zar Date
Chief Deputy City Clerk, City of Tustin
Dated / 6/2 oo3
}
STATE OF CALIFORNIA }ss.
COUNTY OF Ov'a. (
On DC CICie—r IS, ZOOS - before me,
M a r C A ci tar rude, N o cry e L c—
personally appeared AA '(M`1Et 11-L,r-V La-r- •
personally known to me - = -• • ••- •• •- •- - - ••
.eviclohoe)to be the persoaa'whose name(41 ishervsubscribed to the _ A BROWN
within instrument and acknowledged to me that•helshe/they executed the
r,., Cc mmda on*1326111
same in his/her/4heT authorized capacity(iikr} and that by his/her/their •; 'u Notary P�-California
signature�}on the instrument the persort(t)or the entity upon behalf of ". ' Orange County
which the erson, acted,executed the instrument. `" .r4
p *Comm.Expires Oct 20,2005
WITNESS my hand and official sealer^ ^
Signature Q n0__ PPL
(This area for official notary seal)
S:\CIP Projects-Active 17118-Irvine-NewporMcquisition\Acceptance Form-Stevens.doc
• 410 92-363619 • ATTACHMENT 1
_
RECCRM IN OFFIGIAL RECORDS
Add.�$
OF ORANGE COUNTY.CALIFORNIA Pg;@$
4:00 I —C14;7 11,-,17-
__....,�
P.M. MAY 2 91992 ,E p;
c4 i2.`l e2Recorder ^
Qa -36 3G/9
RECORDING REQUESTED BY:
City of Tustin/City Clerk's Office
15222 Del Amo Avenue
Tustin, CA 92680
Recording fees exempt per OFFER OF DEDICATION
GCS 6103.
Deputy City Clerk
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is'.
hereby acknowledged, and including, but not limited to, the giving
of certain discretionary consents by the City of Tustin, a
municipal corporation, to Grantors and/or others, the undersigned,
Shirley A. Griset and Virginia Marie Stevens do hereby irrevocably
offer for dedication to the City of Tustin, a municipal
corporation, for public street, highway, utility and other public
purposes, the property described in Exhibit "A" attached hereto and
incorporated herein by this reference and shown on Exhibit "B"
attached hereto and incorporated herein by this reference.
It is understood by Grantors that the City of Tustin has not
yet determined whether or not it wishes to accept this Offer of
Dedication.
If the City of Tustin accepts this Offer of Dedication prior
to April 30, 2001, then the City of Tustin shall pay to Grantors
or their Successors-in-Interest, the then reasonable market value
of the property herein offered for dedication and the City of
Tustin shall pay the cost of construction of the street
improvements, including engineering, paving and concrete, curbs,
gutters, sidewalks and any landscaping required by the City.
If the City of Tustin accepts the Offer of Dedication after
April 30, 2001, then the Grantors or their Successors-in-Interest
shall not be entitled to any fee or consideration from the City of
•
•
Tustin for the value of the property described in this Offer of
Dedication, however, the City of Tustin shall pay the cost of
construction of the street improvements, including engineering,
paving and concrete, curbs, gutters, sidewalks and any landscaping
required by the City.
It is understood that this Offer of Dedication will be
recorded and will not be accepted until the City of Tustin has
affirmatively acted to accept the Dedication.
Executed this �/ day of (?,L0
1992 .
E}4
(. L
Ir,�Y,Si,G4LcGk., %1i4,`t,c.0 �G:lcC�icd'
SHIRLEYiA. GRISET VIRGINIA MARIE STEVENS
. • •
Tustin for the value of the property described in this Offer of
Dedication, however, the City of Tustin shall pay the cost of
construction of the street improvements, including engineering,
paving and concrete, curbs, gutters, sidewalks and any landscaping
required by the City.
It is understood that this Offer of Dedication will be
/ nA Dustin has
STATE OF CALI O NI }ss.
r COUNTY OF Z}n7(Li }
• eit
1 �/� ff n/{1
E 0 *, 1 .,G. before me, '�Jj�T"111C�1�/1- -C-c0 ''
U
e personally appeared /)j /C'yj/'1 1 ✓ Q 1r I � <,4 L t_ezpi j" ' ,
c personally known to me (or proved
a to me on the basis of satisfactory evidence •• the person(e) whose name(sajs'are subscribed to the within '
LL instrument and acknowledged to me that he ar hey executed the same in his/their authorized capacity(ios,
and that by hisre 7their signature(sj'on the instrument the persons}or-the entity upon behalf of which the , �i
persons}acted,executed the instrument. " ,
OFEIC!4L SEAS.
CYATIM CCVE ELLIS
m°i / NOTARY Plr3Lc' r
WITNESS m and and offk al eal. 1./ i ; 1`• ` ' 9/,,�a/�m� :4A Fa lA Ai
Signature - This SEPTEMBER
I Mg
16, 1664,
(This area for official notarial seal)
STATE OF CALIFORNIA }ss.
COUNTY OF RIVERSIT)F }
c
On APRTT, 71 1997 before me, CAN y FISgFR ***********
0 •if personally appeared _ ************************ ,
~ *************************************
c personally known to me (or proved
d
• to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within •
ct
N
LL instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
m and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
7
person(s) acted, executed the instrument. t _- -.o*=.as✓ rri_r:r�enc-cn'
f OFFICIAL SEAL
/^ �- CANDY FISHER •
WITNES hand nd officio al. v
Y , � nx�e NOTARY PUBLIC-CALIFORNIA Cr
m g �A� �i ■i 1 5 5 PRINCIPAL
RIVERSIDE COUNTY N r,
Si natur
My Commission Expires Det 21 1993
EXHIBIT "A"
LEGAL DESCRIPTION
OFFER OF DEDICATION ON IRVINE BLVD & NEWPORT AVE.
•
LEGAL DESCRIPTION:
THAT PORTION OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1 , PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID IRVINE'S
SUBDIVISION WITH THE EASTERLY PROLONGATION OF LINE THAT IS PARALLEL WITH
AND 50.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY
LINE IS SHOWN ON A MAP FILED IN BOOK 11 , PAGE 32 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH
39°35'58" EAST ALONG THE NORTHWESTERLY LINE OF SAID IRVINE'S SUBDIVISION, A
DISTANCE OF 292.09 FEET; THENCE SOUTH 50°24'02" EAST 50.00 FEET TO THE TRUE
POINT OF BEGINNING SAID POINT LYING ON THE EXISTING RIGHT OF WAY LINE ON
NEWPORT AVENUE OF SAID IRVINE'S SUBDIVISION; THENCE SOUTH 39°35'58" WEST
127.00 FEET ALONG SAID RIGHT OF WAY LINE TO THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 27.00 FEET; THENCE SOUTHERLY
AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°14'36" AN
ARC DISTANCE OF 10.01 FEET; THENCE SOUTH 25°23'44" EAST 37.34 FEET TO THE
BEGINNING POINT OF A NON-TANGENT CURVE CONCAVE NORTH EASTERLY HAVING A
RADIUS OF 27.00 FEET A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH
20 51 '11 " EAST; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 21°14'36" AN ARC DISTANCE OF 10.01 ' FEET TO THE END OF
CURVE; THENCE NORTH 89° 36'35" EAST 122.00 FEET ALONG THE EXISTING RIGHT OF
WAY LINE ON IRVINE BOULEVARD OF SAID IRVINE'S SUBDIVISION; THENCE NORTH
0°23'25" WEST 10.00 FEET; THENCE SOUTH 89°36'35" WEST 112.65 FEET; THENCE
NORTH 25°23'44" WEST 40.92 FEET; THENCE NORTH 39°35'58" EAST 116.71 FEET;
THENCE NORTH 50°24'02" WEST 8.00 FEET TO THE TRUE POINT OF BEGINNING.
,.--,i;ovESS104g4
�ti�aPs SMI iT/Pgl9ytc�
NO.41980 ' A
5 -31 9b
° IC Of
OFFER OF DEDICATION ON IRVINE BLVD. a NEWPORT AVE.
EXHIBIT B
N 5CO24' 02" W 79.71'
1 _--- 1\� :��� - - - - 71 .711 - -•
�, RS • 11 32
po z PORTION 01= LOT 1/131_001; 12
6N , w ° IRVINO: SUI3DIVISION �0 v2
0o I f. 0.0.IvI.R.Ivl. I/OS �'�°�
1)1.1) Co� D `i,
CD
� - o ...LS*
I i ♦ 4
o
�In `90
'n W w w
or) z
m J
r� Q
z 1 i.0
F- 00.
2
O N °
�rZR. w o for '
d + I / ,7�,5//// / ,DO•
:1 ' /
5� ti
N / 0/
N2S� /� ,vvEss,oro
o
111/ f:/
/ ulialiA - INDICATES AREA OF .
OFFERED DEDICATION
o
�— GREER ENGINEERING
z 20U 50 2At NTA CRUZ AVE.
0 W Ana helm, CA 92805
d m (71 4)938-6090
SHEET 2 OF 2