HomeMy WebLinkAboutCC 3 EASEMENT ACQUIS. 04-20-81DATE:
APRIL 9, 1981
4-20-81
Inter - C om
TO:
FROH:
SUBJECT:
DAN BLANKENSHIP, CITY ADMINISTRATOR
BOB LEDENDECKER, DIRECTOR OF PUBLIC ~ORKS/CITY ENGINEER
EASfMENT ACQUISITION FOR MAIN ST. AT WILLIAMS ST. STORM DRAIN
(FILE 91271)
Attad~ed are two copies of the acquisition agreement and the original easement deed
for the easement that is required to allow construction of subject storm drain.
This easament was acquired from the Churd~ of Christ of Santa Ana by the City's
acquisition agent and there are no monies due to the grantor.
RECOMMENDATION
It is recommended that the City Council, at their meeting of April 20, 1981,
authorize the Mayor and City Clerk to execute the acquisition agreements and, in
addition, authorize the City Clerk to accept and record the easement deed.
One copy of the acquisition agreement is for the City Clerk's file. Please return
the executed grantor's copy of the aoguisition agreement to the City Engineer's
office. In addition, please record the easement deed and forward one copy of the
deed to the City Engineer's office upon recordation.
DALE A. WiCK
~SISTANT CITY ~NG!N-~_ER
DAW:db
Attachments
cc: City Clerk
Church of Christ of Santa Ana, California
(Grantors)
PROJECT: Main St. Storm Drain
PARCEL NO.: AP 402-202-01
ACQUISITION AGREEMENT
AN EASEMENT DEED, dated , conveying
property as shown on a map attached hereto as EXHIBIT "A" has
been executed and delivered to BERRYMAN & STEPHENSON, INC.
(Mr. Philip R. Pierce), acquisition agent for the City of Tustin.
IN CONSIDERATION of which, and the other considerations
herein set forth, it is mutually agreed as follows:
The parties have herein set forth the whole of their
agreement. The performance of this agreement constitutes
the entire consideration for said document and shall
relieve the City of Tustin of ail further obligations
or claims on this account.
2. CITY OF TUSTIN shall:
Pay for and provide at its sole expense, all permits
or authorization, required or desirable, of any kind
whatsoever, and pay all recording, filing, trust
deed clearance fees incurred in this transaction,
and title insurance premium charges, if such
insurance is desired by City.
Bo
Construct an underground storm drain facility
within the area shown on said EXHIBIT "A". All work
done under this agreement shall conform to all
applicable ordinances and regulations relating to
such work, and shall be done in a good and workmanlike
manner.
City shall, and does hereby hold, grantors harmless,
and shall indemnify and defend grantors from and
against any and all claims, demands, damages, action,
or causes of actions, or liability therefor, whether
or not well founded, arising out of the grant of the
easement and right of way, the construction,
reconstruction, maintenance or repair of the
improvements, or operations pursuant to this agreement.
The undersigned Grantors hereby give permission to the
City of Tustin, its officers, agents and employees to
enter upon that portion of their property as shown
on EXHIBIT "B", attached hereto, for the purpose of
constructing an underground storm drain facility.
Upon completion of the storm drain construction work, the
City of Tustin shall restore the surface improvement to
the same general conditions as existed prior to the
beginning of said work. The permissive right herein
granted shall terminate upon the filing of a Notice of
Completion by the City of Tustin.
It is agreed and conformed by the parties hereto that,
'notwithstanding other provisions in this contract, the
right of possession and use of the subject property by
the City of Tustin, including the right to remove and
disperse of any improvements located within the land herein
described, shall commence upon execution of this agreement
by both parties.
-1-
this
It is understood that the permanent easement and rights
of way to be granted shall be acquired subject to the
rights of the Grantors, their successors and assigns,
to use the surface of the land within the boundary
lines of such easements and rights of way to the extent
compatible with the full. and free exercise of said
easements and rights of way; provided however, that:
any future construction, landscaping, grading, utilities,
or other improvements proposed by the Grantors in the
land subject to the easement shall be subject to prior
written approval by the City of Tustin or its successors
or assigns; paving, sidewalks, curbs, gutters, and
landscaping will be permitted on the easement area; no
buildings of any kind shall be placed, erected or maintained
thereon. If approved surface improvements are removed
by the City of Tustin or its authorized representative
for any reason, it shall be the responsibility o£ the City
of Tustin to replace, repair or otherwise compensate owner
for said improvements.
It is mutually understood and agreed that Philip R. Pierce,
acquisition agent for the City of Tustin, has explained
to Grantors the construction of said project in the manner
proposed, including the effects of said construction on
Grantor's remaining property.
IN WITNESS WHEREOF, the ies
~ /part have executed this Agreement
2f day of '~?~%,'~'/'.-~-~t_,- , 1981.
GRANTORS
APPROVED AS TO FORbI:
By
City Attorney
REC05IS!ENDED FOR APPROVAL:
By
Director of Public Works/
City Engineer
By.
Real ~oper ty-/Agent
ATTEST:
Church of Christ of Santa Ana, California
CITY OF TUSTIN
By
Mayor, City of Tustin
By
City Clerk
(NO OBLIGATIONS OTItER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.)
-2-
· RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
--r CITY OF TUSTIN
~°' Centennial and Main
s,,,, Tustin, CA 92680
EXHIBIT A
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Corporation E^sE rr Deed
402-202-01
The undersigned grantor(s) declare(s):
Documentary transfer tax is $
( ) computed on full value of property conveyed, or
( ) computed on full value less value o[ liens and encumbrances remaining at time of sale.
( )Unincorporated area: ( )City of Tustin ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CHURCH OF CHRIST OF SANTA ANA, CALIFORNIA,
acorporationorganized underthelawsofthe Stateof CALIFORNIA herebyGRANTSto
CITY OF TUSTIN, a municipal corporation, an easement for storm drain purposes
10.00 feet in width over, under, across and through
the following described real property in the CITY OF TUSTIN
County of ORANGE , State of California:
See legal description attached hereto and by reference made a part hereof.
ment to be executed by ira
thereunto duly aulhorized.
Dated:
STATE OF CALIFORNIA ~ SS.
By
COUNTY OF
On before me. the und,'r-
signed, a Nolary Public in and for said State. personally appeared By.__
known
to me to be the President. and
known In me In be
.~ecretary of the Corporallon lhal executed the
within Inslrumenl. known In me In be lite persons ,*'ho execuled the
within Inatruraen! on behalf of Ihe Corporation therein named, and
acknowledged to me that such Corporation executed the within Instru
ment pursuant to its by-laws or a resolution oI ils board of directors.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
President and Secretary
President
Secretary
WFI NESS my hand and official seal.
Signature
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
BB 033-01 5
LEGAL DESCRIPTION
An easement for storm drain purposes lO.O0 feet in width over, under,
across and through, together with the right to construct, reconstruct,
maintain and repair an underground drainage facility within that certain
real property as described in deed to Church of Christ of Santa Ana,
California, recorded on July 15, 1968 in Book 8658, page 566 of
Official Records of Orange County, California, said property being within
the City of Tustin of said County and State described as follows:
The South 10.00 feet of Lot C of the Stafford and Tustin Tract, as shown
on a map thereof recorded in Book 2, pages 618 and 619, Miscellaneous
Records, in the office of the County Recorder of the County of Los Angeles,
California.
EXCEPTING THEREFROM that portion lying Westerly of the Southeasterly line
of that certain easement granted to the Orange County Flood Control District
by Easement Deed recorded April ll, 1967 in Book 8221, page 908 in Official
Records of Orange County, California.
It is understood that the permanent easement and rights of way to be granted
shall be acquired subject to the rights of the Grantors, their successors
and assigns, to use the surface of the land within the boundary lines of
such easements and rights of way to the extent compatible with the full and
free exercise of said easements and rights of way; provided however, that:
any future construction, landscaping, grading, utilities, or other
improvements proposed by the Grantors in the land subject to the easement
shall be subject to prior written approval by the City of Tustin or its
successors or assigns; paving, sidewalks, curbs, gutters, and landscaping
will be permitted on the easement area; no buildings of any kind shall be
placed, erected or maintained thereon. If approved surface improvements
are removed by the City of Tustin or its authorized representative for
any reason, it shall be the responsibility of the City of Tustin to replace,
repair or otherwise compensate owner for said improvements.
EXHIBIT A
CHURCH OF CHRIST OF SANTA ANA, CALIF.
AP NO. 402-202-01
i I
EXHIBIT A
WORK DESCRIPTION
LOCATION /I,,",,,~ .,,f.~..~.,/./v' -qZ'- ~--~,/.~'/Z-//.~,,¥'2~ - ~'/,X'Y" Z:~,,~ ~-~/S.7'//v' $.E'. NO.__
DRAWN ,...~,zP DATE z,/'~"/CHECKED DATE RECORDING DATE BOOK__PAGE
A.P. NO. ~D~- ~'~- ~/
.TRACT NO.
BOOK<~;~'z~ PAGE ~'~
FILE
EXHIBIT B
STORM DRI~IN £ $A4 '.T Rl~;llr OF £#TRY ~P. NO. ~;~. tOt-OI
TRACT #0..
:FILE