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HomeMy WebLinkAbout11 APP QC DEEDS-RED HILL AVE PROJ 01-15-07AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: JANUARY 15, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF QUITCLAIM DEEDS (TEMPORARY CONSTRUCTION EASEMENTS) IN CONJUNCTION WITH THE RED HILL AVENUE WIDENING PROJECT AT THE 1-5 FREEWAY (CIP NO. 7133) SUMMARY The Quitclaim Deeds from the City of Tustin to four property owners will remise, release and forever Quitclaim temporary construction easements acquired for the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133). The temporary construction easements were necessary to construct the improvements for the subject project. RECOMMENDATION It is recommended that fhe City Council approve the Quitclaim Deeds for the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133), authorize the Mayor and City Clerk to execute the Quitclaim Deeds on behalf of the City, and direct the City Clerk to record all of the documents with the Orange County Recorder. FISCAL IMPACT None. BACKGROUND In order to construct the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133), right-of- way acquisition and temporary construction easements (TCE) were acquired by the City from adjacent property owners. The TCE's were acquired in order to give the City's contractor sufficient room to construct the improvements adjacent to private property. The TCE's were meant to be only a temporary acquisition and were to be quitclaimed to the adjoining property owners after the contractor's Faithful Performance Bond was released by the City Clerk (one year following the recordation of the Notice of Completion). The Notice of Completion for the project was recorded on December 2, 2005 and the Faithful Performance Bond was released by the City Clerk on December 11, 2006. DISCUSSION The subject Quitclaim Deeds include a legal description and diagram of the areas to be quitclaimed. to the adjoining property owners. and correspond to the TCE areas acquired by the City. The areas are adjacent to AI's Woodcraft at the northwest corner of Red Hill Avenue and Nisson Road, Wendy's Restaurant at the southeast corner of Red Hill Avenue and EI Camino Real (two separate Quitclaim Deeds), the Starbuck's Center at the southwest corner of Red Hill Avenue and EI Camino Real, and the Chevron Station at the southeast corner of Red Hill Avenue and Nisson Road. Approval of Quitclaim Deeds (Temporary Construction Easements) in conjunction with the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133) January 15, 2007 Page 2 The City Attorney has reviewed the five Quitclaim Deeds and has signed them Approved as to Form. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachments: Location Map Quitclaim Deeds ~ C') C') f::: 6 z n... 0 '-" ~ d a: z 0 CJ) CJ) z 0 z <( -.J <( W a: 0 z ::E <( 0 -.J W Z W W ~ W CD '-" ~ LO .L ~ " z z w 0 3= u.i ~ -.J -.J I 0 W a: III ~ <( ~ Z ~<<) I- a~ 5(-*" 0 <<,Q;- q ~ W (3 a: 0.. / Oz ~~ mWO O~~ I-<a: CJ)dw _ I- a.. w-O ::> ~O z ~"'" / I- "" / - ~/ Cf) :::::> I- u.. o ~ o QUITCLAIM DEED FOR Billy F. Mathis, Inc. (AI's Woodcraft) 1471 Nisson Road Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 INTERFAMILY TRANSFER DOCUMENTARY TRANSFER TAX $ NO CONSIDERATION Computed on the consideration or value of property conveyed; OR The Undersigned Grantor Computed on the consideration or value less liens or encumbrances Remaining at time of sale. Signature of Declarant or Agency determining tax - Firm Name SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Tustin, a political subdivision of the State of California, organized and existing under and by virtue of the laws of the State of California do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM TO Billy F. Mathis, Inc. the real property in the City of Tustin, County of Orange, State of California, all as described in Exhibit "An and shown on Exhibit "B" attached hereto and made a part hereof by this reference. GRANTOR CITY OF TUSTIN, a Municipal Corporation Dated } } 55. } Mayor STATE OF CALIFORNIA COUNTY OF ATTEST: On before me, By: Pamela Stoker, City Clerk personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person{s) or the entity upon behalf of which the person{s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) S:\CIP Projects - Active\7133 - Red Hill Widen ECR-Nisson\Aquisition\QuitClaim Deed - Mathis.doc "EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE SOUTHEAST ONE-HALF OF LOT 34 IN BLOCK 11 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, CONVEYED TO BILLY F. MATHIS, INC., RECORDED FEBRUARY 17,1984 AS INSTRUMENT NO. 84-069302 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, L VING SOUTHERLY, SOUTHEASTERL V, AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THAT CERTAIN COURSE SHOWN AS "SOUTH 50004'22" EAST 73.478 METERS (241.07 FEET)" IN THE EXCEPTION OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 29,1954 IN BOOK 2759, PAGE 48 OF SAID OFFICIAL RECORDS, AS SAID COURSE HAVING A BEARING OF SOUTH 49019'05" EAST, FOR THE PURPOSES OF THIS DESCRIPTION, SAID POINT ON COURSE BEING 3.249 METERS (10.66 FEET) NORTHWESTERLY FROM THE SOUTHEASTERLY TERMINUS OF SAID COURSE; THENCE LEAVING SAID COURSE SOUTH 13058'57" WEST 7.985 METERS (26.20 FEET) TO A LINE PARALLEL WITH AND 25.603 METERS (84 FEET) NORTHWESTERLY FROM THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40041'10" WEST 24.468 METERS (80.28 FEET); THENCE AT RIGHT ANGLES TO SAID CENTERLINE SOUTH 49018'50" EAST 3.048 METERS (10.00 FEET) TO A LINE PARAlLEL WITH AND 22.555 METERS (74 FEET) NORTHWESTERLY FROM SAID CENTERLINE; THENCE ALONG SAID PARALLEL LINE SOUTH 40041'10" WEST 17.000 METERS (55.77 FEET); THENCE LEAVING SAID PARALLEL LINE SOUTH 87046'17" WEST 12.833 METERS (42.10 FEET) TO THAT CERTAIN CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 143.866 METERS (472.00 FEET), IN THE SOUTHWESTERLY BOUNDARY OF SAID LAND CONVEYED TO BILLY F. MATHIS, INC. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: THAT PORTION LYING SOUTHERLY, SOUTHEASTERLY, AND EASTERL V OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THAT CERTAIN COURSE AS "SOUTH 50004'22" EAST 73.478 METERS (241.07 FEET)" IN THE EXCEPTION OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 29, 1954 IN BOOK 2759, PAGE 48 OF SAID OFFICIAL RECORDS, AS SAID COURSE HAVING A BEARING OF SOUTH 49019'05" EAST, FOR THE PURPOSES OF THIS DESCRIPTION, SAID POINT ON COURSE BEING 1.541 METERS (5.06 FEET) NORTHWESTERLY FROM THE SOUTHEASTERLY TERMINUS OF SAID COURSE; THENCE LEAVING SAID COURSE SOUTH 130S8'S7":WEST 14.363 METERS (47.12 FEET) TO A LINE PARALLEL WITH AND 21.031 METERS (69 FEET) NORTHWESTERLY FROM THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40041'1-0" WEST 18.645 METERS (61.17 FEET); THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE SOUTH 49018'50" EAST 0.610 METERS (2.00 FEET) TO A LINE PARALLEL WITH AND 20.420 METERS (67 FEET) FROM THE CENTERLINE OF REDHILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40041'10" WEST 5.182 METERS (17.00 FEET); THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE NORTH 49018'50" WEST 0.610 METERS (2.00 FEET) TO A LINE PARALLEL WITH AND 21.031 METERS (69 FEET) FROM THE CENTERLINE OF REDHILL AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 40041'10"WEST 12.608 METERS (41.36 FEET); THENCE LEAVING SAID PARALLEL LINE SOUTH 87046'17" WEST 12.207 METERS (40.05 FEET) TO THAT CERTAIN CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 143.866 METERS (472.00 FEET), IN THE SOUTHWESTERL V BOUNDARY OF SAID LAND CONVEYED TO BILLY F. MATHIS, INC. (CONTINUED) P:\aSlce\226.04\LEGALS\ TCE\T ce _ 43204205.doc Page 1 of 2 07/16/02 EXHIBIT "An CONTINUED THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 164.5 SQUARE METERS (1,770 SQUARE FEET), MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. ALL AS SHOWN ON "EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ...-, /- 7~ b -?' L__-- DATE P:\aslce\226. 04\LEGALS\ TCE\T ce _ 43204205. doc Page 2 of 2 07/16/02 N 49.18'53"W - 13.826m (45.36') ~I C'-- 5=' ~ g b v z N57-24'28"E 5.378m (17.64 / / ( 40') / 12. 192m u.i I I > I c( .-...1 ..J 81 WI ..J cil a :I: ~I ::- '-"I ..q. C EI b UJ ~l v a: ~I ZI ~l 20.420m (67') I PCL 72930 94-0415528 OR (5') T.C.E. -------- ------- N/SSON r ~ ROAD Iff; 4 72.00 ') ,..., a L~44.90J :J ~. ".., (74 7 '-....;. .32 'J -~ , , AP NO. 432-042-05 N49018' 50"W 3.048m (10.0Q') POR SE 1/2. LOT 34, BLOCK 11 IRVINE'S SUBDIVISION 1/88, M_R_ 84-0693020.R_ e ;u o ~ -CX) .q- ,.r) l.O ~ ai ,." z ~ b :- Ll L2 L3 L4 587- 46' 1 7"W S8746'17"W N 13-S8'57"E N 13-S8'57"E 12.207m (40.05') 12.B33m (42.10') 7.985m (26.20') 14.363m (47.12') (15.00') T.C.E. CD fPOB 1.541m (5.06') 1.708m (5.60') /'l ..':':/,.1 ';'i" "/ ,/ . .../' ...~>/'//~ .." ',~,--'--.r.,~_--'" _ .t./ ~.>. .~, ' "t:<,. '" ,c__ ' '?'~""'~ - " -l' , . /' "",/ EUGEN~'" SHAFFER, L.S/1ol6..,a UCENSE EXPIRES, 9/30/20 2 I 1 f I I l ",- ~ ~. '- ~ ('~ ........ ~o~ " ~~ 's ""<'0. '-........ 'j .)>, <0' '<9 9try '<'Z1" '- (S, '- "- .s)>) '-; ; /' "/ DATE G) 6 = 04-27'36" R = 143.866m (472.00') L== 11.199m (36.74') ~ = 01-58'58" R = 143.866m (472.00') L == 4.979m (16.34') ~ == 00.47'43" R = 143.866m (472.00') L = 1.997m (6.55') I 540041 '1 O"W 5.182m (17.0Q') N49018'50"W 0.610m (2.00') 21.031 m (69') I WI 01 -- I ;1 01 .q-, z, I , I I o ~Il illl/lli 31.983m (104.93') N49019'05"W 73.478m (241.0~ PREPARED UNDER THE DIRECTION OF (NS0004'22"W PER 2759/48 O.R.) ~.....-- CITY OF TUSTIN TEMPORARY CONSTRUCTION EASEMENT EXHIBIT wBw APN . 432-042-05 J.-' _:5.04 ; '- 2J/9' . ";..,l.~ ,','..E = rr.L"Z05.OWG DRAWN BY: SW SCALE CONT.~INING ; CHECKED BY: JRB 1 :400 I DATE: 6/00 164.5m-2 (1,770 SF) QUITCLAIM DEED FOR Chevron USA Inc. 14082 Red Hill Avenue Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 INTERFAMILY TRANSFER DOCUMENTARY TRANSFER TAX $ NO CONSIDERATION Computed on the consideration or value of property conveyed; OR The Undersigned Grantor Computed on the consideration or value less liens or encumbrances Remaining at time of sale. . Signature of Declarant or Agency determining tax - Firm Name SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Tustin, a political subdivision of the State of California, organized and existing under and by virtue of the laws of the State of California do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM TO Chevron USA Inc. I Chevron Texaco Prop. Tax .the real property in the City of Tustin, County of Orange, State of California, all as described in Exhibit "A" and shown on Exhibit uB" attached hereto and made a part hereof by this reference. GRANTOR CITY OF TUSTIN, a Municipal Corporation Dated STATE OF CALIFORNIA COUNTY OF } } ss. } Mayor ATTEST: On before me, personally appeared By: Pamela Stoker, City Clerk personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) S:\CIP Projects - Active\7133 - Red Hill Widen ECR-Nisson\Aquisition\Qu.itClaim Deed - Chevron.doc "EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 35, PLAT NO.1 OF SUBDIVISION OF A PORTION OF THE RANCHOS SANTIAGO DE SANTA ANA AND SAN JOAQUIN, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 PAGE 7 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF "SOUTH 39055'58" WEST" AND A DISTANCE OF "38.362 METERS (125.86 FEET)," IN THAT CERTAIN GRANT DEED, AS RECORDED APRIL 1,1987 AS INSTRUMENT NO. 87-178170 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE ALONG THE AFOREMENTIONED COURSE NORTH 39055'58" EAST 38.362 METERS (125.86 FEET); THENCE CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID GRANT DEED NORTH 84055'48" EAST 10.407 METERS (34.14 FEET) TO A POINT ON THE SOUTHWESTERLY liNE OF NISSON ROAD (17.069 METERS (56.00 FEET) WIDE) AS SAID SOUTHWESTERLY LINE IS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 10, 1954 IN BOOK 2684 PAGE 405 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50004'22" EAST 2.155 METERS (7.07 FEET); THENCE SOUTH 84055'48" WEST 11.300 METERS (37.07 FEET), PARALLEL WITH AND DISTANT 1.524 METERS (5.00 FEET) SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE AFOREMENTIONED COURSE HAVING A BEARING OF "NORTH 84055'48" EAST' AND A DISTANCE OF "10.407 METERS (34.14 FEET);" THENCE SOUTH 39055'58" WEST PARALLEL WITH AND 1.524 METERS (5.00 FEET) SOUTHEASTERLY MEASURED AT RIGHT ANGLES FROM THE AFOREMENTIONED COURSE HAVING A BEARING OF "SOUTH 39055'58" WESr' AND A DISTANCE OF "38.362 METERS (125.86 FEET)," A DISTANCE OF OF 37.730 METERS (123.79 FEET) TO A POINT ON THE NORTHEASTERLY LINE OF PARCEL 1 AS SAID PARCEL IS SHOWN ON A PARCEL MAP RECORDED IN BOOK 1 PAGE 21 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 50004'02" WEST ALONG LAST SAID NORTHEASTERLY LINE 1.524 METERS (5.00 FEET) TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 74.52 SQUARE METERS (802 SQUARE FEET), MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. ALL AS SHOWN ON "EXHIBIT "8", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 7 "- /? -- k€Q ~~ L- DATE \\ 1 0.20.0. 55\Projects\aslce\226.04\lEGAlS\TCE\T ce_ 43240108.doc 07/17/02 <r RED HILL AVE. S39-S5'58"W 118.695m (389.42') 3.716m (45.00' ( 539-55'58"W 40.538m (133.00') o }W 0 N r'1 o~ ~ o E o co lil lO U1 0 o r- C........... o - ~ 0 Nq .0 ~L.O '-"" 6277/812 OR POB 6: > 1'/ v~ s- </); 0&1 ~O S.('II .& f' 1) 539- 55 '58"W 39.624m (130.00') 87-178170 539- 55 'S8"W (125.86') (123.79') o o o o N E........... ~- NO L[)~ . lO .-- "-..../ E....-. ~.. NO lOO ~e TEMPORARY CONSTRUCTION EASEMENT 77 ~ .~Q<9")7_ V-'? Ss~ ~ o C9.... :>~ '0 :>~ .J AP. NO. 432- 401-08 E o CD Q) o (.Q A PORTION OF LOT 35, PLAT NO. 1 OF SUBDIVISION OF A PORTION OF THE RANCHOS SANTIAGO DE SANTA ANA AND SAN JOAQUIN, AS PER MAP RECORDED IN BOOK 5, PAGE 7 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA E..-... lO- ~ ~~ 'f" N "-..../ W N o V o b LO (f) CD.6 = 04-50'21" R = 160.933m (528.00') L = 13.591m (44.59') !.LL.{) 00 ..q- -.JI w~ Uro crc..o ~N lJ-Ct: o . o Wz z- :::Jo >-z -~ :5 ~ U1 N N ~ o b lO Z 8.534m (28') U) o -w NW <.Do N LL ~o o ~~I I 0::: N o ww <C 0.. ~ o (7lCl. a: z o (f) en - z ~I ~ ! I , \ \. ---- \ 535-05' 1 7"W (RAo) N39.S5'58"E 46.299m (151 .90') \ PREPARED UNDER THE DIRECTION OF / //<?f ~.~.....,_. ;~l'...;.:J<<~ 7-/7-~c,- ~UGEN~. SHAFFER, L.S: /-..64f DATE LICENSE EXPIRES, 9/30tzO~Y~ CITY OF TUSTIN TEMPORARY CONSTRUCTION EASEMENT DRAWN BY: MM EXHIBIT "8" SCALE :;". '3~f;..~::'~ao'''... APN · 432-401-08 i CONTAINING : CHECKED BY: ,';8 1 :300 DATE: 5/00 74.5m"'2 (802 SF) QUITCLAIM DEED FOR Tustin Red Hill Center LLC (Starbucks Center) 1450 EI Camino Real Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 INTERFAMILY TRANSFER DOCUMENTARY TRANSFER TAX $ NO CONSIDERATION Computed on the consideration or value of property conveyed; OR The Undersigned Grantor Computed on the consideration or value less liens or encumbrances Remaining at time of sale. Signature of Declarant or Agency determining tax - Firm Name SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Tustin, a political subdivision of the State of California, organized and existing under and by virtue of the laws of the State of California do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM TO Tustin Redhill Center LLC the real property in the City of Tustin, County of Orange, State of California, all as described in Exhibit uA" and shown on Exhibit liB" attached hereto and made a part hereof by this reference. GRANTOR CITY OF TUSTIN, a Municipal Corporation Dated } } ss. } Mayor STATE OF CALIFORNIA COUNTY OF ATTEST: On before me, By: Pamela Stoker, City Clerk personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) S:\CIP Projects - Active\ 7133 - Red Hill Widen ECR-Nisson\Aquisition\QuitClaim Deed - Tustin Rcdhill.doc "EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE SOUTHWESTERLY HALF OF LOT 31 OF PLAT NO.1 OF THE RANCHOS "SANTIAGO DE SANTA ANA" AND "SAN JOAQUIN," IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5, PAGE 7 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, INCLUDED WITHIN THE EXCEPTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, (PARCEL 251) RECORDED IN BOOK 2824, PAGE 523 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY, SOUTHEASTERLY, AND EASTERLY OF THE FOLLO.WING DESCRIBED LINE: BEGINNING AT A POINT IN THAT CERTAIN COURSE "NORTH 46037'22" WEST 86.170 METERS (282.71 FEET)" IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE 581870, AS RECORDED SEPTEMBER 15,1993 AS INSTRUMENT NO. 93-0626737 OF OFFICIAL RECORDS OF ORANGE COUNTY, AS SAID COURSE HAVING A BEARING OF NORTH 46036'43" WEST, FOR THE PURPOSES OF THIS DESCRIPTION, SAID POINT ON COURSE BEING 1.789 METERS (5.B7 FEET) NORTHWESTERLY FROM THE SOUTHEASTERLY TERMINUS OF.SAID COURSE; THENCE NORTH 74059'50" EAST 12.037 METERS (39.49 FEET) TO A LINE PARALLEL WITH AND 26.213 METERS (86 FEET) NOR,HWESTERLY FROM THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 40041'10" EAST 20.897 METERS (68.56 FEET); THENCE LEAVING SAID PARALLEL LINE NORTH 07014'19" WEST 12.836 METERS (42.11 FEET) TO A POINT ON THE SOUTHWESTERLY LINE OF EL CAMINO REAL. 24.384 METERS (BO FEET) WIDE, PER DEED RECORDED IN BOOK 7829, PAGE 193 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: THAT PORTION LYING SOUTHERLY, SOUTHEASTERLY, AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE AS "NORTH 81038'25" WEST 15.630 METERS (51.28 FEET)," IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE 581870, AS RECORDED SEPTEMBER 15,1993 AS INSTRUMENT NO. 93-0626737 OF OFFICIAL RECORDS OF ORANGE' COUNTY, AS SAID COURSE HAVING A BEARING OF NORTH 81037'46" WEST, FOR THE PURPOSES OF THIS DESCRIPTION; THENCE NORTH 74059'50" EAST 11.570 METERS (37.96 FEET) TO A LINE PARALLEL WITH AND 24.689 METERS (81 FEET) NORTHWESTERLY FROM THE CENTERLINE OF RED HILL AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 40041'10" EAST 22.045 METERS (72.33 FEET); THENCE LEAVING SAID PARALLEL LINE NORTH 07014'19" WEST 12.265 METERS (40.24 FEET) TO A POINT ON THE SOUTHWESTERLY LINE OF EL CAMINO REAL. 24.384 METERS (80 FEET) WIDE, PER DEED RECORDED IN BOOK 7829, PAGE 193 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 69.8 SQUARE METERS (752 SQUARE FEET), MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. EUGE A. SHAFFER, ~ REGISTRATION EXPIR&$ J /. -~.."-" / .. i / A t::~(1?--- DATE \\1 0.20.0. 55\Projects\aslce\226.04\LEGALS\ TCE\ Tee _500 14204.doc \ S32i?-~t~.7~W- ~) --\ \ \ N3~\5J'~~~~} \ --I \ ~l I ~~ ~ I I ~~ ~o I I o~ ~ / I \J~ 'XV:) I I ~ t>t / I ,f1,. / ./ I Q~~5' ___ /' I J \ \ \ \ f \ :- \ " \ N \ en ~a:: \ . \ EO IPf;; \ r- " \to ~ \ CO CO \'7 :; ~~ N N NO::: ~ ~ r-... w '-" 0 ~\ a.. E" *\ gr:2 Z\ ~ ~ \ LOc.o ~O ~~ i.oG) 5"0:: row ~a.. CO z POR SWl Y 1/2, LOT 31 PLAT NO.1 OF THE RANCHOS SANTIAGO DE SANTA ANA AND SAN JOAQUIN 5/7 MR OF LOS ANGELES AP NO. 500-142-04 N46- 36' 43"W 1 . 789m (5.87') 1.524m (5') T.C.E. " " " ~---- ------------ " " '-- ------------- 7829/193 OR --~ ----- peL 72847-3 93-0628737 OR co '-" ............ o ~ E 0') co to v N r- N E N 01 RED HILL AVE. N4QO 41'1 QUE \ \ \ \ \ ....J <( W a: o z ~ <( U ....J W _J L1 507-14' i 9"E 1 2.836m (42.11') CD 6= 03-25'47" L2 S07-14'19"E 12.265m ( 40.24') R = 140.208m ( 460.00') L3 574-S9'50"W 12.037m (39.49') L = 8.393m (27.54') L4 574-59'SO"W 11.S70m (37.96') 0 6= 00. 48 J 1 7 II PREPARED UNDER THE DIRECTION OF R 140.208m ( 460.00') L = 1.969m (6.46') ,-, /", - L.,;/ '1 l_____ CITY OF TUSTIN TEMPORARY CONSTRUCTION EASEMENT -EXHIBIT 8W APN . 500-142-04 DRAWN BY: SW SCALE CONTAINING: CHECKED BY: AF 1 :400 ! DATE: 6/00 S9.8m-2 (752 SF) ,;t al.G. 5,8;02 ~ 40PM ''lE - iCL:;OO142040WC QUITCLAIM DEEDS FOR Concal Associates (Wendy's Restaurant) 15432 EI Camino Real Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 INTERFAMILY TRANSFER DOCUMENTARY TRANSFER TAX $ NO CONSIDERATION Computed on the consideration or value of property conveyed; OR The Undersigned Grantor Computed on the consideration or value less liens or encumbrances Remaining at time of sale. Signature of Declarant or Agency determining tax - Firm Name SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Tustin, a political subdivision of the State of California, organized and existing under and by virtue of the laws of the State of California do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM TO Conca I Associates the real property in the City of Tustin, County of Orange, State of California, all as described in Exhibit "A" and shown on Exhibit liB" attached hereto and made a part hereof by this reference. GRANTOR CITY OF TUSTIN, a Municipal Corporation Dated STATE OF CALIFORNIA COUNTY OF } } ss. } Mayor ATTEST: On before me, personally appeared By: Pamela Stoker, City Clerk personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) S:\CIP Projects - Active\ 7133 - Red Hill Widen ECR-Nisson\Aquisition\QuitClaim Deed - Concal2.doc "EXHIBIT A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF PARCEL MAP 99-197 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 315, PAGES 8 THROUGH 10 OF PARCEL MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE' CENTERLINE INTERSECTION OF RED HILL AVENUE AND EL CAMINO REAL AS SHOWN ON SAID PARCEL MAP; THENCE ALONG THE SAID CENTERLINE OF RED HILL AVENUE SOUTH 400 41' 23" WEST 21.342 METERS (70.02 FEET): THENCE LEAVING SAID CENTERLINE AND AT RIGHT ANGLES THERETO SOUTH 490 18' 37" EAST 21.336 METERS (70.00 FEET) TO THE SOUTHWESTERLY CORNER OF THE DEDICATION TO THE CITY OF TUSTIN RECORDED SEPTEMBER 17, 2003 AS INSTRUMENT NUMBER 2003001137463, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY AND SOUTHERL YLINES OF SAID DEED NORTH 880 06' 36" EAST 12.078 METERS (39.63 FEET) AND SOUTH 530 25' 51" EAST 15.238 METERS (49.99 FEET) TO A POINT ON THE SOUTHWESTERLY LINE OF SAID EL CAMINO REAL BEING A 143.866 METER (472.00 FEET) RADIUS CURVE CONCAVE SOUTHWESTERLY; A RADIAL THROUGH SAID POINT BEARS SOUTH 530 25' 19" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20 33' 34" AN ARC DISTANCE OF 6.427 METERS (21.08 FEET); THENCE LEAVING SAID CURVE AND SAID SOUTHWESTERLY LINE NORTH 530 25' 51" WEST 20,648 METERS (67.74 FEET); THENCE SOUTH 880 06' 36" WEST 9.204 METERS (30.20 FEET); THENCE NORTH 49018' 37" WEST 2.956 METERS (9.70 FEET) TO THE TRUE POINT OF BEGINNING. CONTAINING 57.324 SQUARE METERS (617.03 SQUARE FEET) MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD OR OF FACT. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. P:\Land\SURVEY\CAL TRANS- TUSTI N RW DOCS\ TCE-ELCAMI NO@REDHILL-R121203.doc '\. '\. '\. '\. '\. '\. '\. '\. '\. '\. '\. "- "- '\. '\. '\. '\. " '\. '\. '\. '" '\. ~>i ~ i EXISTING T.C.E. /: I PER INST. 2003000981165 O.R. I I I I I I I I I I 12.192m 40' ~.~~~~'3(:'~O') ~; __ _ _ : _S~~l~'~:L __ ~ ~~~~~o;r~/~ ~4 21.336m (70.00') ~ ~o odo ")();, / ~ g '!bro",~/ /~~-S' ~ I peL 72848 \ 5'51"W -:; 3 ~'),a/ ~CC;")~C?>~ ,~"O ~"\... ,I 02....0D7801 OR N5302, 0)./ ~a ~ ~0r o. 20.64~!72~__- ../ /~~#' (JY",.,~OfQ I ~ --- --- , 1"W / n() ~ '*' (b\ ) 0 ==...... N53025 5 __~-~ 'v' 0) t.\. ()x.,'\~ / ............ - - - - - -m(49. 99') ~ ()~} ~:}j R I 5. 238 .~ ({5 / '-" \ v / \ S53025'19"W(R) - - - - _ _ _ _-.J L_______ EL CAMINO REAL < '\. '\. '\. '\. '\. '\. \. ----- AP NO. 500-021-06 PJ\A. OE)~-J07 P. J\;L B. 3-J5/B~'JO 57.324 S.M. 617.03 S.F. N550 58' 53"E(R AD) ~ ~ ~<o R::::: 14J 3,J',J4" l.:::::6 .868 .42/111(111(472; 21.08) ------- ------- ---- ---- '\. '\. '\. '\. '\. '\. '1 I I I I I I I I I I 21.336m (70') ;UW ,.,.,> ~ ,<( ;;---1 a:::::! ~::J: c W ~ E N ~ ,.,., N4QO 41 '23"E(RAD) d ~120 ~ - ~6n R-l L:=:JJ~6 52.~02m(500.o0') _ . 6m(111.11') - N I P.O.C. N49017~~ 13. 722m( 45.02') PREPARED UNDER THE DIRECTION OF DAVID H. WILLIAMS, REGISTRATION EXPIRES: il.S. 4131 6/30/2004 CITY OF TUSTIN TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" APN 500-021-06 (FORMERLY APN 500-021-04) DRAWN BY: H.T.I. SCALE CONTAINI~JG \Land\POJ29''.i)027',~_'r;dd\EX fCES002104 .3 REV-8 19 O.ld"" 1 : 400 1 :400 CHECKED BY: D.H.W. DATE: 6/03 57.324m2 (61 7.03 S.F.) Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 INTERFAMILY TRANSFER DOCUMENTARY TRANSFER TAX $ NO CONSIDERATION Computed on the consideration or value of property conveyed; OR The Undersigned Grantor Computed on the consideration or value less liens or encumbrances Remaining at time of sale. Signature of Declarant or Agency determining tax - Firm Name SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Tustin, a political subdivision of the State of California, organized and existing under and by virtue of the laws of the State of California do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM TO Concal Associates the real property in the City of Tustin, County of Orange, State of California, all as described in Exhibit HA" and shown on Exhibit liB" attached hereto and made a part hereof by this reference. GRANTOR CITY OF TUSTIN, a Municipal Corporation Dated STATE OF CALIFORNIA COUNTY OF } } ss. } Mayor ATTEST: On before me, By: Pamela Stoker, City Clerk personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted,executed the instrument. rney WITNESS my hand and official seal. Signature (This area for official notary seal) S:\CIP Projects - Active\ 7133 - Red Hill Widen ECR-Nisson\Aquisition\QuitClaim Deed - Concal.doc "EXHIBIT AU LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT 8E!NG A PORTION OF PARCEL. MAP 99-197, IN THE CITY OF TUSTIN, COUNTY OF OPP.NGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 315 PAGES 8-10 OF PARCEL MAPS, RECORDS OF SA.ID ORANGE COUNTY MORE PP.PTICULARL,( DESCRIBED AS FOLLOWS COMMENCING AT THE CENTERliNE INTERSECTION OF RED HILL AVENUE AND EL CAMINO RELl..L .';S SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF SAID RED HILL AVENUE SOUTH 40041 '23" WEST, 21.342 METERS (70.02 FEET); THENCE LEAVING SAID CENTERLINE AT RIGHT ANGLES SOUTH 49018'37" EAST, 21.336 METERS (70.00 FEET) TO A POINT ON A LINE PARALLEL WITH AND 21.336 METERS (70 FEET) SOUTHEASTERLY FROM THE CENTERLINE OF RED HILL AVENUE; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 40041'23" WEST 17.209 METERS (56.46 FEET); THENCE SOUTH 01058'12" E,A,ST 21.891 METERS (71.82 FEET) TO A POINT ONTHE SOUTHWESTERLY BOUNDARY OF SAID PARCEL J',,1AP: THEi-lCE LEAVING THE SOUTHWESTERLY BOUNDARY OF SAliJ PARCEL MAP AT RIGHT ANGLES NORTH 01QS8'12"WEST21,110 METERS (69.26 FEET); THENCE NORTH 40U41 '23" EAST 16.428 METERS (53.90 FEET); THENCE NORTH 49018'37" WEST 2.000 METERS (6.56 FEET) TO THE POINT OF BEGINNING. . THE ABOVE DESCRIBED AREA CONTAINS AN AREA OF 76.6 SQUARE METERS (825 SQUARE FEET), rvl0RE OR LESS. . SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. ALL AS SHOWN ON "EXHIBIT B", ATIACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. b. / 0" *1- 66 "2--- DATE' Notwithstanding the limits of the legal description set forth above the parties agree that the Temporary Construction Easement shall be limited to landscaped areas only and shall not affect any lands within one foot of the back of curb in the drive-thru lane area which is not used for p~king, nor any lands within three feet of the face of curb in areas adjoining parking spaces, nor /' any part of the transformer pad and or the trash enclosure. Parts of each of the designated tJ-~ improvements are located within the land described hereinabove and on Exhibit B hereto. I EXHIBIT "8. 1 I I N45" JS'27"W .. i7.919rn (58.79') ~ NaS.Ol' 4-8 "E..;;.::::_--l' ~ ~- - - - - - ',- \, 2.000m (5,56 ') '\.. 070' ". '" - ~ ".. ..;5> I /' ."'\",... -S V'c9ti,< ~~?/ ",~ . "\(c9~ ~-: ~'~ . ~'? /0" -.' 6.. '?, l' ~~' . cjl~ 6'~ ""''''' ,() ~6'~" .... J'\ ,. TEMPORARY ~ _ 21,336m (70') CONSTRUCTION ,,1.. <0 I EASEMENT.*, lJJ~,,:-~.:d J AP NO. 500-021-04 ~e::~!~e I P.M. 99-197 ;: E '.'_;~_,: ~ ~ : P. M. B. 315/~HO (, ~ .:.:::-, 0 ~ I I ?f;f~ z~ i. 12.192m {4Q') I I S49018'37-E P -0 -8 - - - - -r 2~33fun -(70-:OCY)- t, ~. ~ I ~ ~~.Q\ I ~ peL 72g~8 0<:' o:-QY ~ 91-091001 OR I -^--- ~~~~ I ~~~ '''!). I ~~:..C~l- o;~~ ~ ) -Q '=!J~ I ~ I ~ I -------_..J " '\ "- '\ ~ " i I i I 1 iW I> j w 1-< ~ 1-1 . I .....J :; '- b II ~ la IW Ice ----...------ ~ - --- II ----~ ....- .N o R' '-I ~I N I EL CAMINO _::;.~ ~ \' H ~ ~~ e.)(~~ t ~)\T ~ F ~ R- Fr> R..l - \ Vv'\ , TA Tu:,'.l. '"f2-:. I NO ACCESS PREPARED UNDER THE DIRECTION OF CITY OF TUSTIN TEMPORARY CONSTRUCTION EASEMENT APN .. 500-021-04 DRAWN BY: JT SCALE CONTAINrNG I CHECKED BY:. .JR8 1 :400 1 DATE: 9/01 76.6 m-2 (825 SF) ~ iB ..:1 ~ I~ '::tf ,~ .~ ~ o Q ,~ I~ ,d I.~ J~ '~ I.~ ----, ~ 1% J~ rN~ I nl.O. ~/Cl!/07 C .~:z l04_!S....DWC