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Home My WebLink AboutCC TRACT NO 10707 06-15-81DATE: TO: FROM: SUBJECT: JUNE 5, 1981 CONSENT CALENDAR 6-15-81 No. 4 Inter-eom CHARLES THAYER, INTERIM CITY ADMINISTRATOR BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TRACT NO. 10707 EASEMENT AGREEMENT In April, 1981, the City Council approved final Tract Map No. 10707 subject to resolvement of the utility easements to be dedicated to the City. The attached agreement, which has been prepared by the City Attorney's office, resolves these utility easement dedications for water and storm drain purposes. Far West Savings and Loan Association, owner of the subject property known as Tract No. 10707, has executed this document which is now ready for execution by the City. RECOMMENDATION: That the Tustin City Council, at their meeting of June 15, 1981, authorize the Mayor to execute said agreement in behalf of the City. BOB LEDENDECKER DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER BL:db AGREEMENT THIS AGREEMENT made and entered into on the ~-~ day of ~_. , 1981, by and between CITY OF TUSTIN, a munici- pal corporation ("City") and FAR WEST SAVINGS and LOAN ASSOCIATION, successor to STATE MUTUAL SAVINGS and LOAN ASSOCIATION, a corpora- tion ("Far West"). WI TNE S SETH A. Far West is the owner of that certain real property described in Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full hereat. Said property is shown on a map thereof, marked Exhibit "B" attached hereto and incorporated herein by this reference. B. The Irvine Company is the holder of two non-exclusive easements which are referred to in Exhibit "C" attached hereto and incorporated herein by this reference as though set forth in full hereat. C. Far West has filed with City for approval its map of Tract Number 10707. D. It has been represented to City on behalf of Far West that the Irvine Company will quitclaim to City all of its rights in the easements described in Exhibit C. E. As a condition of approval of Tract Map 10707, City requires that it have appropriate rights to install, construct, maintain, replace and operate a storm drain in, on, over and upon a ten foot easement on the northeasterly portion of the property of Far West and the right to install, construct, maintain, replace and operate a water line in, on, over and upon -1- a ten foot easement on the easterly portion of the property of Far West with all permanent installations therein to be under- ground. F. The map of Tract Number 10707 filed with City for approval contains dedications to City of two ten foot easements for the a~ve described purposes in the same areas as reserved by the Irvine Company and described hereina~ve. G. In order to insure that City will have adequate rights to install, ~nstruct, maintain, replace and operate its storm drain and water facilities without interference or conflict arising out of the rights held by the Irvine Company under and by virtue of its hereina~ve described easements, City requires that Far West grant to City a ten foot easement on the property 'of Far West and lying immediately adjacent to the areas of the most easterly utility easement now held by the Irvine Company, in which said areas Far West pro~ses to dedicate an easement to City by the map of Tract Number 10707. ~ad '~t H. Far West is willing to grant the said d ional easement ~ City subject to City's agreement to reconvey such easement to Far West or its successor in interest at such time as the Irvine Company has quitclaimed to City its interests in ~th previously described easements presently reserved to the Irvine Company. I. Upon receipt of quitclaim deeds in its favor from the Irvin'e' Company of the said.easements held by it, City is willing to quitclaim to Far West or its successor in interest the most easterly additional easement to be granted to City pursuant to this agreement. NOW, THEREFORE, for and in consideration of the mutual agreements contained herein and the approval of Tract Number 10707, the parties agree as follows: 1. Far West will grant to City an additional easement for the water utility purposes described above, ten feet in width, being contiguous with and westerly of the ten foot easement for water utility purposes to be dedicated to the City by the map of Tract Number 10707 lying along the easterly edge of Tract Number 10707. 2. Upon receipt of duly executed, acknowledged and recorded quitclaim deed(s) in favor of the City of Tustin from the Irvine Company of each, every and all of its rights held by it in the easements described in Exhibits "C", City will quitclaim to Far West or its successor in interest all of City's right, title and interest in the additional easement to be granted to City as described in Paragraph 1 above. This agreement was made and entered into the day and year first above written. ATTEST: CITY OF TUSTIN, a municipal corporation BY: Mayor City Clerk (Seal) FAR WEST SAVINGS AND LOAN ASSOCIATION, successor to STATE MUTUAL SAVINGS AND LOAN ASSOCIATION, a corporation -3- STATE OF CALIFORNIA COUNTY OF ORANGE ss. On , 19 , before me, the undersigned, a Notary Public in and for s--~ State, personally appeared JAMES SHARP, known to me to be the Mayor and MARY WYNN known to me to be the City Clerk of the CITY OF TUSTIN, a municipal corporation, the corporation that executed the within instru- ment, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to a resolution of the City Council of the City of Tustin. WITNESS my hand and official seal. NOTARY PUBLIC in and for said State STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On ~ ~ ', 19 // , before me, the undersigned, a ~ta. ry/~/fbJ~c in~and for 's-~d State, personal~y aw~9~red /? ~-~~~ know,to me to be /~~2 ~~ k~wn to me to be' ~t~~ ~of~ST SAVI~S ~D LO~ ASSOCIATION, a cor~ratio~he ~r~tion that executed the within i~strumo~,~~l~ ~ be the por~n~ who oxecuted the within instrument on of the ~r~ration therein named, and acknowlod~od to mo that such cor~ration execuged the within instrumont pursuant its B~-law~ or a rosolution of th~ ~ard of D~rectors the mr~ration. JGR:se:D:5/22/81 (9) JGR:se:R:5/27/81 JGR:se:R:6/03/81 WITNESS my hand and official seal. ~~d~or said. . State LIBIA G. COX NOTARY PI.JI31..I~.~_,AUFORNiA PFIINCIPAL OFFICE IN ORANGE COUNTY -4- ~ L THAT CERTAIN LAND SITUATED IN THE STATE OF .~,~'~-,'c:-'c"T ~r_.,,,4_~, COUNTY m OF ARANGE,_ CITY OF TUSTIN, .DESCRIBED AS FOLLOWS: .' " . - :: - ~ " P OPO~:ED ~ACT ~0. !0707~ DEING A SUDDIVISiON OF THE FOLLO~ZN~: PAR~ ..... L 1, AS .~I-,._WN A MAP FILED IN BOOK 52, PAGE o.~8 OF PARCEL M F'~ IN THE OFFIC~ OF THE COUNTY RECORDER OF SAID COUNTY..' EXCEPTING ANY AND ALL .OIL, 'OIL RIGHTS~ MINERAL~, MINERAL r~'TURAL GAS RIGHTS, AND OTHER RYDROCARDONS BY WHATE~OEVER K O~N, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM A~Y OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TCC;ETH~R WiTH THE ~RPETLIAL RIGHT OF DRILLING, MINING, E%F'LORING AND T EREFOR AND STORING IN AND REMOVING'THE SAME FROH T~E ' ~:~. OR ANY O[FIER LAND, INCLUDiN~ THE RIGHT TO tJHIF'STOCI~ OR DIRECT~C?~ALL~' [;RILL ~D MINE FROH LANDS OTHER THAN THOSE CONVEYED HEREBY,_O!L CR ~AS ~ LLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUB:{:L, RFAO~ T,,E LAND, AND TO [~O~TOM SUCH WHIPSTOCKED OR DIRECTI ...... L, DRILLED. WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND TFI~ EXTERIOR !'-MITS THEREOF, AND TO REDRILL, RETUNN~L, EQUIP, ~Ai~TAIN, R~AIR, D EF'EN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, "~" ~IGIJT TO DRILL, MINE, STOR~, E%PLOR~ AND OPERATE THRC'UG;~ T' - ~.UD~.L.,~,-AU~ O~ Tll~ ~RFAC~ OR THE UPPER 500 FEET OF TIlE ~ '"' '~'~ '~ LAN3, ALSO C~CEPTIN,] AN'Y AND ALL 'WATER, F~IGHTS OR INTEF~EC, T -,E~'3Z C NNECTION WITH OR WITH RESPECT TO THE LAND. TOL;ETI-~ER F:,GIIT AND POKER TO EZPLORE, DRILL~ ~DRILL, REMOVC AND ~TCPE 5A~E FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE R--GHTC OR INTERESTS ON ANY OTHER F'ROPERTY ORNED OR LEASED n_ A~'~OR. WHETHER ~UCI'! RATER RIGHTS L~HALL BE RIPARIAD~. APF', .~P,RIATIVE~ PEi~:.~3LATING, PF~E~.CRIPTIVE, ADJUDICATE~ ST.-~TL:TOR¥ OR -:: C:~TRACTUAL; DUI ...T, IOUT. ilOWEMER. ANY R!CHT TO E~TER" ~"' ~' i EXHIBIT C 11. EASEMENTS AS RESERVED BY THE IRVINE COMPANY IN AN INSTRU- MENT RECORDED MARCH 25, 1979 IN BOOK 13118, PAGE 421 AND RE- RECORDED MAY 10, 1979 IN BOOK 13139, PAGE 1487, BOTH OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: NON-EXCLUSIVE EASEMENTS IN GROSS IN, OVER, UNDER OR ACROSS THE LAND FOR THE PURPOSES SHOWN AS EXISTING OR PROPOSED ON ANY RECORDED PARCEL OR TRACT MAP OF THE LAND OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO (I) THE INSTALLATION, EMPLACEMENT AND MAINTENANCE OF ELECTRIC, GAS, TELEPHONE, CABLE TELEVISION, WATER, SANITARY SEWER LINES, DRAINAGE FACILITIES OR ANY OTHER UTILITIES TOGETHER WITH THE RIGHT TO ENTER UPON THE LAND (WITHOUT UNREASONABLY INTERFERING WITH GRANTEE' S REASONABLE USE AND ENJOYMENT THEREOF) IN ORDER TO SERVICE, MAINTAIN, REPAIR, RE- CONSTRUCT, RELOCATE OR REPLACE ANY OF SUCH LINES OR FACILITIES; AND (II) INGRESS AND EGRESS OVER ANY PUBLIC OR PRIVATE BICYCLE AND PEDESTRIAN TRAILS OR OTHER SPECIFIC DESIGNATED USE AREAS, IF ANY. 12. NON-EXCLUSIVE EASEMENTS ON, OVER, UNDER OR ACROSS SAID LAND WITHIN 10 FEET FROM ALL PROPERTY LINES BORDERING ON AND PARALLEL TO ANY PUBLIC OR PRIVATE STREET FOR THE INSTALLATION, EMPLACEMENT, OPERATION AND MAINTENANCE OF ELECTRIC, GAS, TELEPHONE, CABLE TELEVISION, WATER, SANITARY SEWER LINES, DRAINAGE FACILITIES OR ANY OTHER UTILITIES, AS RESERVED BY THE IRVINE COMPANY IN AN INSTRUMENT RECORDED ARRIL 25, 1979 IN BOOK 13118, PAGE 421 AND RE-RECORDED MAY 10, 1979 IN BOOK 13139, PAGE 1487, BOTH OF OFFICIAL RECORDS .' EXHIBIT C