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HomeMy WebLinkAboutCC RES 82-12RECORDING REQUESTEb IVY AND WIL 7 -�co•t"�np �. :ZG 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXEMPT _-7 RESOLUTION NO. 82-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, VACATING A PORTION OF "C" STREET. WHEREAS, the City Council of the City of Tustin, California, on January 4, 1982, passed and adopted Resolution No. 2014, a Resolution of the City Council Declaring its Intention to Vacate a Portion of "C" Street as more particularly described therein; and WHEREAS, pursuant to the provisions of said Resolution a public hearing was set, the Resolution wasduly published and notices of hearing were duly posted along the portion of the street to be vacated, all as required by law; and WHEREAS, on the 1st day of February , 1982, at 7:30 p.m., a public hearing has been duly held and all persons interested in the proposed vacation have been heard by the City Council. NOW, THEREFORE, the City Council of the City of Tustin, California, does hereby resolve as follows: Section 1. That the City Council of the City of Tustin, California, finds from all of the evidence submitted that the portion of "C" Street located between Plain Street and Sixth Street in the City of Tustin, California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, and shown on the plat attached hereto and marked Exhibit "B", is unnecessary for present or prospective use, except as reserved as hereinafter provided. Section 2. That the vacation of said portion of "C" Street has been determined to be a project which will not have a significant effect upon the environment and Notice of Preparation of Negative Declaration has been properly published and that after consideration of the Negative Declaration, a copy of which is attached hereto, together with comments received during public review, the Negative Declaration is approved. Section 3. That the above-described portion of "C" Street be, and the same hereby is, vacated to the extent that its character and use are changed from a regular public street to a pedestrian and vehicular traffic mall and plaza. Said vacation is subject to the reservation and exemption from this vacation of permanent easements, rights and rights of way for pedestrian and vehicular traffic and other public uses within limitations and upon conditions prescribed from time to time by the City Council of the City of Tustin, and . ~ ~ ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 i 18 19 20 21 22 23 ~ 24 25 26 27 28 RESOLUTIOr] r]o. s2-i2 A RESOLUTIOt] OF TI]E CITY COUCICIL OF THE CITY OF TUSTIt], CALIFORtIIA, VACATIt7G A PORTIOt] OF "C" STREET. 64HEREAS, the City Council of the City of Tustin, California, on January 4, 1982, passed and adopted Resolution t]o. 2014, a Resolution of the City Coun Gil De Glaring its Intention to Vacate a Portion of "C" Street as more particularly described ~ therein; and j ti4FiEREAS, pursuant to the provisions of said Resolution a public hearing was set, the Resolution was duly published and notices of hearing were duly posted along the portion of the street to be vacated, all as required by law; and WHEREAS, on the 1st day of February 1982, at 7:30 p.m., a public hearing has been duly held and all persons interested in the proposed vacation have been heard by the City Council. t]OW, THEREFORE, the City Council of the City of Tustin, California, does hereby resolve as follows: Section 1. That the City Council of the City of Tustin, California, finds from all of the evidence submitted that the portion of "C" Street located between Plain Street and Sixth Street in the City of Tustin, California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, and shown on the plat attached hereto and marked Exhibit "T~", is unne cessary for present or prospective use, except as reserved as hereinafter provided. Section 2. That the vacation of said portion of "C" Street has been determined to be a project which will not have a significant effect upon the environment and t]otice of Preparation of t]egative Declaration has been properly published and that after consideration of the t]egative Declaration, a copy of which is attached hereto, together with comments received during public review, the t]egative Declaration is approved. Section 3. That the above-described portion of "C" Street be, and the same hereby is, vacated to the extent that its character and use are changed from a regular public street to a pedestrian and vehicular traffic mall and plaza. Said vacation is subject to the reservation and exemption from this vacation of permanent easements, rights and rights of way for pedestrian and vehicular traffic and other public uses within limitations and upon conditions prescribed from time to time by the City Council of the City of Tustin, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reservation of a permanent easement or easements and right at any time and from time to time to construct, maintain, operate, replace, remove and renew aboveground and under- ground facilities and appurtenant structures under franchise to and/or owned by Orange County Sanitation District t1o. 7, Southern California Gas Company, Tustin Water Works, Pacific Telephone and Telegraph Company, Southern California Edison Company, the City of Tustin and the Tustin Community Redevel- opment Agency and all other public agencies and public utilities in, on, over, through and across said street and all portions thereof and the rights to construct, maintain, operate, replace, remove and renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water and incidental purposes, including access to keep the property free from inflammable materials and otherwise protect the same from all haza street or part thereof; there from this vacation a permanent public, to the City of Tustin Redevelopment Agency for use, to cross over as set forth in among the City of Tustin, the Agency, Stevens Square and Ste of which shall be attached her incorporated herein by this re full hereat. This resolution effective upon execution by th thereto of a Parking Structure Escrow Instructions, and hall rds in, upon and over said are further reserved and exempted easement of all rights to the and to the Tustin Community access, ingress, egress, and that certain agreement by and Tustin Community Redevelopment yens Square Association, a copy eto marked "Exhibit C" and ference as though set forth in and vacation shall only be e City and all other parties Lease, Option Agreement and and Plaza Agreement. Section 4. The City Clerk is hereby ordered to have recorded in the office of the Recorder of the County of Orange, a certified copy of this Resolution. The City Clerk is further ordered to file a notice of Determination con- sistent with this resolution with the Clerk of the County of Orange. PASSED AP1D ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 1st day of February , 1982. ATTEST: CIT CLERK RLL:1w:D:1/13/82 JGR:se:R:l/21/82 (B) JGR:se:R:2/2/82 MAYOR ~~ r Januar 19 198 date "C" Street Vacation 11 ~~ F i e SliBJi/CT: Negative Declaration - Environmental Impact Report 7'O: Addressees Deference: Section 15083, Chapter 3, Division 6, Title I4, California Administrative Code. P1tOJECT TITLE: ~ ~, ~ .\ •~ ~ ... -~~-;! ~;:.. .~ is ..~ '~'~;; ~~ PROJECT D);SCRIPTIO:i: City of Tustin is vacating 185 linear feet of "C" Street which is 60 feet wide. I•~~CATION- °C" Street between Main and Sixth Pi nJECT PrcOPONE:IT. City of Tustin and Gfeller Development Upon revieca and assessment of the facts and circumstances of the aLo~,•s described project, based upon the findings of the Initial Study, attached heretc, a finding is m`de that the project ~aill nog have ~ sign~L-icant effect on the environment and is granted a Kcgative Declaration fron the req~:irement for an Environmental Ir;.pact Report. t•;ITIGATI-.G MEASURES (if any) Encl: Initial Study Addressees: Applicant Planning Agency City Cocncil County C1~rk of i /1 (signature) ~ Community Development Director Orange County Form: A-3 . ~"~ t '4./ ~ "C" STREET VACATION All that portion of "C" Street lying between Blocks 16 an 17 as shown on the Map of a Part of Tustin City filed in book 4, pages 218 and 219 of Miscellaneous records of Los Angeles County California and that portion of "C" Street as dedicated for public use on a map of Tract 10979, filed in Book 495, pages 32 and 33, of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at a point in the West right-of-way line of said "C" Street that is distant thereon S. 0° 10' 37" E. 88.40 feet from the Southerly terminus of that certain 22.00 foot radius curve in the boundary of said Tract No. 10979; thence continuing S. 0° 10' 37" E. 79.86 feet along said West line to a point on a non-tangent 20.OO,foot radius curve that is concave Northerly, a radial to said point bears S. 20° 39' S1" E.; thence Westerly 7.15 feet along said curve through a central angle of 20° 29' 14"; thence non-tangent S. 0° 10' 37" E. 28.00 f eet to a point on a non-tangent 20.00 foot radius curve that is concave Southerly, a radial to said point bears N. 0° 10' 37" W.; thence Easterly 7.15 feet along said curve through a central angle of 20° 29' 14"; to said West right-of-way line; thence non-tangent S. 0° 10' 37" E. 81.57 feet along said line; thence N. 89° 49' 23" E. 40.50 feet to the beginning of a 34.00 foot radius curve that is concave Southwesterly; thence Southeasterly 28.83 feet along said curve through a central angle of 48° 35' 25" to a point of cusp with the East right-of-way line of said "C" Street; thence N. 0° 10' 37" W. 213.57 feet along said line; thence S. 89° 49' 23" W. 0.54 feet to a point on a non-tangent 35.00 foot•radius curve that is concave Northerly;. a radial to said point bears S. 80° 03' 25" E.; thence Southwesterly and Northwesterly 86.88 feet along said curve throng h a central angle of 142° 13' 10" to the point of beginning. __ EXHIBIT "A" ~~ t `"" SUBJECT HOWEVER to the reservation and exemption•of permanent easements, rights and rights of way for pedestrian and vehicular traffic and other public uses within limitations and upon conditons prescribed from time to time by the City Council of the City of Tustin, and reservation of a permanent easement or easements and right at any time and from time to time to construct, maintain, operate, replace, remove and renew aboveground and underground facilities and appurtenant structures under franchise to and/or owned by Orange County Sanitation District No. 7, Southern California Gas Company, Tustin Water Works, Pacific Telephone and Telegraph Company, Southern California Edison Company, the City of Tustin and the Tustin Community Redevelopment Agency and all other public agencies and public utilities in, on, over, through and across said street and all portions thereof and the rights to construct, maintain, operate, replace, remove and renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water and incidental purposes, including access to keep the property free from inflammable materials and otherwise protect the same from all hazards in, upon and over said street or part thereof; there are further reserved and exempted from this vacation a permanent easement of all rights to the public, to the City of Tustin and to the Tustin Community EXHIBIT "A" ,~ ~~ t L/ '~ Redevelopment Agency for use, access, ingress, egress, and to cross over as set forth in that certain agreement by and among the City of Tustin, the Tustin Community Redevelopment Agency, Stevens Square and Stevens Square Associaton, a copy of which is attached hereto marked Exhibit "C" and incorporated herein .by this reference as though set forth in full hereat. EXHIBIT "A" ~ n a - ~'so' zs~ . • ~-.3 ~so GG~ .- ~ - -•; ~ ~ ~ t ~: t y~0 m 1 - N ~' ~ ~~at a~~ S 89°49'Z.3~l~V ~ i . 1 ` ~, (~V~ Y/~ O~ ~ i ~ 1 Nt ~i ~~ .` ~~ rJ ~ ~ ~ /QZ•/3'b~ ~~ ! 35 - - - - -O ° 4' L- B ''~ N v l:i `~ ti ~ t~- :. ••. :mil ~~` +~ ~r :~ ,~ 2QG~' L - 7. /5' ~ ~ ,eAO• N n 1 ~ ~ N .-: '~ ~ S ~t/ZD°iB'3~~E O ~ c~ ~ 'P'40' ~ - e-zaa~o' L - 7./5 .~ ~ r\ roH ~ O '~ • t N I - NB9~9'23~E . 4~ ~• i y~ ~e.' 3y~ p.p~i .ti i D, ~,~' ~ ~p~. ~' EXHI ~,. ~ .: • .. ~~~ `~ ~' . . inn .i - ~ •: -t• ~ ~ YIIN Ell JlNO /1SSOCtATES. 1NC• t:irlt Vr1rtW l~C Kµ.ult ~wl.tlotlr IIIOI CMIivn1011i OON 17111 r11-11tH y_...~ ~.. .... 0 n W J V to a .. ~X,~~B~r ~.q " lNlli M Mtl• ~ ~ STREET ~1~~~~ .~ ~..+. t++~7.67. '~ ~.b V A C A T 10 N Nlt..u.NE r s . ~~ ~j~ ~ ry ?e cording Reques By and ~7hen , •, • ~ F?ecorded flail to: ~ ~ ' ~ ~'' ROURKE & WOODRUFF 1055 t~orth !lain Street X1020 Santa Ana, California 92701 lIALL AND PLAZA AGRE E!l ENT A. Parties. This Agreement is entered into as of this /.Z'~ day of February, 1982, by and among STEVENS SQUARE, a California limited partnership (hereinafter "STEVEt7S"), CITY OF TUSTIN, a municipal corporation (hereinafter "CITY"), and TUSTIN COl1llUl7ITY REDEVELOPllENT AGENCY, a statutory entity located within the City of Tustin, to-wit, a California Community Redevelopment Agency (hereinafter "AGENCY"). B. Recitals. Whereas, STEVENS owns and is developing an office condominium project and intends to construct a parking structure fronting'on "C" Street, near !lain Street in the City of Tustin; and Whereas, the City Council of CITY has adopted Resolution llo. 82-12, vacating certain rights in a portion of "C" Street as described in said resolution, a copy of which is attached hereto • marked Exhibit "A" and incorporated herein by this reference as though set forth in full hereat; and Whereas, CITY has excepted from said street vacation ease- ments for pedestrian, vehicular traffic, and other purposes over the mall and plaza as described in said Exhibit "A" and has re- ceived grants of easements, copies of which are attached hereto marked respectively as Exhibits "B" and "C" and incorporated herein by this reference as though set forth in full hereat; and EXHIBIT "C" ,~ ~ ~` -,, ~/ ~~, Whereas, the purpose of this Agreement is to provide for the construction, use and maintenance of that said portion of "C" Street vacated pursuant to Resolution PJo. 82-12 of the City Council of CITY together with those portions of real property described in said Exhibits B and C, all of those said portions of real property described in Exhibit A, B and C collectively described hereinafter as the "Premises"; and Whereas, a plat of the mall and plaza as proposed to be developed is attached hereto marked Exhibit "D" and incorporated herein by this reference; and Whereas, the parties hereto now desire to provide for the development, use and maintenance of th Premises. P]OW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, it is agreed by, between and among the parties hereto as follows: TT]TTl~T L~ 1 DESCRIPTION 1.1 For the purposes of this Agreement, the property to be subject to the terms and conditions of this Agreement (hereinafter the "Premises"' is described in said Exhibits A, B and C, attached hereto and incorporated herein by this reference. T D ~T T !` T L~ 7 ItSPROVEMENTS 2.1 Construction. STEVEP]S, at its sole cost and expense, by itself or by any contractor(s) sele cted by STEVENS to perform the construction work required of STEVENS pursuant to this Agreement (hereinafter collectively referred to in this -2- L • ,I+. ~ ,.., ~ ~ 'W Article 2 as "STEVENS"), shall within (30) days after exe cution of this Agreement commence construction of improvements on the Premises in conformance with the plans and spe cifications filed with the City of Tustin on February 1, 1982, any' shall with reasonable diligence prosecute to completion all such constru coon of improvements, additions, or alterations on the Premises. Construction shall be completed and ready for use within six (6) months after commencement of construction, provided that the time for completion may be extended for as long as STEVENS is prevented from completing construction by delays beyond STEVENS' control. All work shall be performed in a good and workmanlike manner, shal] substantially comply with said plans and specifications `and shall comply with all applicable governmental permits, laws, ordinances, and regulations. 2.2 Protection of Property Against Claims. Except as pro- vided in Paragraph 2.6, STEVENS shall pay or cause to be paid the total cost and expense of all works of improvement as that phrase is defined in the Piechanics' Lien Law in effect at the place of construction when the work begins. STEVENS shall not suffer or permit to be enforced against the Premises or any part of it any mechanic's, materialman's, contractor's, or subcontractor's lien arising from any work of improvement, however it may arise. How- ever, STEVENS may in good faith and at STEVENS' own expense con- test the validity of any such asserted lien, claim, or demand, pro- vided STEVErIS has furnished the bond required in California Civil Code Section 3143 (or any comparable statute hereafter enacted for -3- ~ ~ ~ ~ ~,/ providing a bond freeing the Premises from the effect of such a lien claim). STEVENS shall defend and indemnify CITY and AGEt7CY against all liability and loss of any type arising out of work performed on the Premises by STEVENS, together with reasonable attorneys' fees and all costs and expenses incurred by CITY and AGENCY in negoti- ating, settling, defending, or otherwise prote cting against such claims. 2.3 Right to Discharge Lien. If STEVENS does not cause to be ~" recorded the bond described in California Civil Code Section 3143 or otherwise protect the property under any alternative or successor statute, and a final judgment has been rendered against STEVENS by a court of competent jurisdiction for the foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and if STEVENS fails to stay the execution of the judgment by lawful means or to pay the judgment, CITY and/or AGENCY shall have the right, but not the duty, to pay or otherwise discharge, stay, or prevent the execution of any such judgment or lien or both. STEVENS shall reimburse CITY and/or AGENCY for all sums paid by them under this paragraph, together with all their reasonable attorneys' fees and costs, plus interest on those sums, fees, and costs at the rate of 10 percent per year from the date of payment until the date of reim- bursement. 2.4 Notice of Completion. On completion of any substantial work of improvement required by this Agreement, STEVENS shall file or cause to be filed a Notice of Completion. 2.5 Changes in Plans. On completion of any work of improve- ment, STEVENS shall give CITY and AGENCY notice of all changes in -4- ,~ W .. t , , plans or specifications made during the course of the work and shall, at the same time and in the same manner, supply CITY and AGENCY with "as built" drawings accurately ref le cting all such changes. 2.6 Payment by Agency. AGENCY shall pay to STEVENS or any party designated by STEVENS, the sum of fifty thousand dollars (550,000.00) Iess any sums paid by CITY or AGENCY pursuant to paragraph 2.3 and 2.7 as follows: 525,000 upon completion of 50$ of construction 520,000 upon completion of construction 5 5,000 thirty (30) days after completion of construction and filing of a Notice of Completion. STEVENS shall pay for all other expenses and costs of construction and all other expenses and costs incidental thereto. 2.7 Insurance, Legal Responsibility and Safety. 2.7.01 INSURANCE. STEVENS shall not commence any work until STEVENS obtains, at STEVENS' sole cost and expense, all required insurance. Except as provided herein, such insuran ce must have the approval of CITY and AGENCY as to limit, form, and amount. • a. Types: The types of insurance required to be obtained and maintained pursuant to this Agreement will be: Workers Com- pensation Insurance, and Comprehensive General Liability Insurance, as detailed in the following portions of this spe cification. b. Evidence: As evidence of specified insurance coverage, CITY or AGEPJCY may, in lieu of actual policies, accept certificates issued by the insurance carrier showing such policies in force for the specified period. Each policy or certificate will bear an -5- a ._ ,.~ ~ , endorsement or statement waiving right of cancellation or reduction in coverage without ten days' notice in writing to be delivered by registered mail to CITY and AGEPICY. Should any policy be cancelled before completion of construction and STEVENS fail immediately to procure other insurance as spe cified, CITY reserves the right to procure such insurance and to deduct the cost thereof from any sum due STEVENS under this Agreement. c. Payment of Damages: Nothing contained in these insurance requirements is to be construed as limiting the extent of STEVENS' responsibility for payment of damages resulting from his operations under this Agreement. 2.7.02 WORKERS COP1PEt7SATION Ip~SURANCE: Before commence- ment of work, STEVENS shall submit written evidence that it and all contractors and subcontractors involved in the subject constru- ction have obtained, for the period of construction, full Workers Compensation Insurance coverage for all persons whom they employ or may employ in carrying out the work under this Agreement. This insurance shall be in strict accordance with the requirements of the most current and applicable state Workers Compensation Insurance Laws. 2.7.03 COMPREHENSIVE GENERAL LIABILITY INSURAP7CE: Before commencement of the work, STEVENS shall submit written evidence that it and/or all contractors have obtained for the period of construc- tion, full Comprehensive General Liability Insurance coverage. This coverage shall provide for both bodily injury and property damage. The Comprehensive General Liability Insurance will include as Additional named Insureds: CITY and AGENCY. -6- \r' .,, ...,. a. The Bodily Injury portion shall include coverage for injury, sickness or disease, and death, arising directly or indirectly out of or in conne coon with, the performance of work under this Agreement, and shall provide for a limit of not less than five hundred thousand dollars (5500,000) for all damages arising out of bodily injury, sickness or disease to or death of one person, and a total limit of one million dollars (51,000,000) for damages arising out of bodily injury, sickness or disease and death of two or more persons in any one occurrence. b. The Property Damage portion will provide for a limit of not less than two hundred thousand dollars (5200,000) for all damages arising out of injury to or destruction of property of others arising dire ctly or indirectly out of or in connection with the performance of work under this Agreement and in any one occurrence including explosion, collapse and underground exposure. c. Indemnity: Included in su ch insurance shall be contractual coverage sufficiently broad to insure the provisions of Paragraph 2.7.04. 2.7.04 INDEtlNITY: STEVEtJS shall hold harmless, indem- • nify and defend the CITY, AGENCY and their consultants, and each of their officers and employees and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the work described herein, but not including the active negligence of CITY, AGENCY, its employees or authorized agents or representatives. 2.7.05 PATEPJTS AND ROYALTIES: If any design, device, material or process covered by letters patent or copyright is used by STEVENS, STEVENS shall provide for such use by legal agreement -7- Lye/ ~ ....r ~~, with the owner of the patent or a duly authorized licensee of such owner, and shall save harmless the CITY and AGEP~CY from any and all loss or expense on account thereof, including its use by CITY and AGENCY. 2.7.06 PERMITS: All permits and licenses ne cessary for prosecution of the work shall be secured and paid for by STEVENS or its authorized agents or representatives. 2.7.07 LAWS TO BE OBSERVED: STEVENS shall cause to be given all notices and comply with all Federal, State and to cal laws, ordinances and regulations in any manner affecting the conduct of the work, and all such orders and de crees as exist, or may be en- acted by bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless CITY and AGENCY against any claim or liability arising from,. or based on, the violation of any such law, ordinance, regulation, order or decree. 2.7.08 WORK DURING AN EMERGENCY: STEVENS shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. 2.7.09 WARNING SIGNS AND BARRICADES: STEVENS shall pro- vide adequate signs, barricades, red lights and watchmen and take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be protected at night by suitable signal lights which shall be kept burning from sunset to sunrise. Barricades shall be of substan- tial construction and shall be painted such as to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades, or detours exist. -8- ~ ~ -~. . - , ~.- ~ 2.7.10 PUBLIC COi]VENIENCE: STEVEt]S shall at all times so conduct the work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work and to insure the protection of persons and property. P]o road or street shall be closed to the public ex- cept with the permission of the proper authorities. Fire hydrants on or adjacent to the work shall be kept accessible to fire- fighting equipment at all times. Temporary provisions shall be made by STEVENS to insure the use of sidewalks and the proper fun c- tinning of all gutters, sewer inlets, drainage ditches, and irrigation ditches, which shall not be obstructed. 2.7.11 SAFETY: In accordance with generally accepted construction practices, STEVENS shall be solely and completely responsible for conditions of the job site, including safety of all persons and property affected dire ctly or indirectly by its operations during the performance of the work. This requirement will apply continuously 24 hours per day until completion of the work and shall not be limited to normal working hours. 2.7.12 SANITARY PROVISIONS: STEVEt]S shall provide and maintain such sanitary accommodations for the use of its employees and those of its contractors as may be ne cessary to comply with the requirements and regulations of the local and state departments of health. nnmTrr.F '2 tiAIP]TENANCE 3.1 Repair and plaintenance Duties of STEVENS. STEVEPIS at its sole cost and expense shall maintain, repair, replace and resurface the Premises and all improvements therein or thereon -9- 1/ ~.,s as required to keep the Premises in a good, sanitary, attractive and safe condition and in conformance with the said plans and spe ci- fications. Such maintenance and repairs shall include, without limitation, sweeping, cleaning, repair and maintenance of all streets, parking areas, walks and other means of ingress and egress within the Premises and providing water, electricity, lighting and gardening. ARTICLE 4 INSURANCE AFTER CONSTRUCTION 4.1 Duty to Obtain Insurance; Types. STEVENS, at its sole cost and expense, shall obtain and continue in effect adequate blanket public liability insurance (including medical payments) in an amount not less than one million dollars ($1,000,000.00), covering all claims for personal injury and property damage arising out of a single occurrence on the Premises. CITY and AGENCY shall be designated as additional named insureds on said policy. STEVENS, at its sole cost and expense, shall also obtain and -con- tinue in effect fire insurance with extended coverage in an amount as near as possible to the full replacement value of the ' Premises without deduction for depreciation, with STEVENS, CITY and AGENCY designated as named insureds, as their interests may appear. STEVENS shall, at its sole cost and expense, purchase such other insurance, as necessary, including but not limited to, errors and omissions, medical payments, malicious mischief, and vandalism insurance, fidelity bonds and workers compensation, and other risks as may customarily be covered with respect to -10- .~, . ~~ ~.r ~, ~.~> similar Premises, with CITY and AGEPICY designated as additional named insureds. As evidence of required insurance, CITY or AGENCY may, in lieu of actual policies, accept certificates, issued by the insurance carrier showing said policies in force for the specified period. All such policies or certificates of insurance maintained by STEVENS shall contain a provision that said policy or policies shall not be cancelled or terminated, nor expire by their terms, without thirty (30) days' prior written notice to all additional named insureds and every other person or entity who shall have requested such notice of the insurer. All policies of physical damage insurance shall provide, if reasonably possible, for waiver of the following rights, to the extent that the respec- tive insurers would have the rights without such waivers: (a) subrogation of claims against the parties hereto; (b) any defense based on co-insurance; (c) any right of set-off, counterclaim, apportionment, proration or contribution by reason of other insurance carried by the parties; (d) any invalidity, other adverse effect or defense on account of any breach of warranty or condition caused by any party or arising from any act, negle ct, • or omission of any named insured or the respe ctive agents, ' contractors and employees of any insured; (e) any right of the insurer to repair, rebuild or replace and, in the event the Premises are not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the improvements insured or the fair market value thereof; and (f) notice of the assignment of any party of its interest in the insurance by virtue of a conveyance of its -11- interest in the premises. The insurance required to be furnished by STEVEP7S may be furnished by a policy or policies also covering the adjacent office condominium. All costs in obtaining and maintaining the forms of insurance described in this Section 4.1 shall be borne by STEVEP7S. 4.2 Indemnity. STEVEt~S shall hold harmless, indemnify and defend CITY and AGENCY, and each of their officers, employees and agents from any and all liability, losses, damage or attorneys' fees arising or alleged to arise from the performance of the STEVEP7S' duties described herein. This obligation is in addition to the obligation to maintain insurance as otherwise provided herein. ARTICLE 5 DAMAGE OR LOSS TO IfiPROVEt1ENTS 5.1 Restoration of Premises. Except as otherwise provided in this Agreement, in the event of any destruction of any portion of the Premises, it shall be the duty of STEVEPIS to restore and repair the same to its former condition, as promptly as practical. The proceeds of any insurance maintained pursuant to Article 4 hereof shall be used for such purpose, unless otherwise provided herein. The Premises shall be re constructed or rebuilt substan- tially in accordance with the original construction plans if they are available, with such changes as are agreed to by all parties. In the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be less than the estimated cost of restoration and repair, the insurance proceeds available shall be applied to said recon- struction. -12- ~ ...,, ~- `./ ~~.• ARTICLE 6 TERM 6.1 The term of this Agreement shall be 55 years, provided, however, the term shall be automatically extended ten years at the end of the original term and ten years at the end of each exten- sion thereof unless and until any one or more of the parties hereto, or successors to said parties give notice to the other parties in writing prior to the end of the original or extended terms that the term of this Agreement shall not be extended. Upon any termination upon the election of STEVENS or a successor to its interest, STEVENS and/or its successor in interest shall have no further rights of use of that part of the Premises described in Exhibit "A" other than those enjoyed by the general public, and hereby irrevocably offers the Premises as described for dedication to the City of Tustin. ARTICLE 7 USE RESTRICTIONS 7.1 Permitted Uses. All parties hereto agree that no part . of the Premises shall ever be used or caused to be used or allowed ; or authorizes in any way, directly or indirectly, to be used for any purpose other than for a pedestrian and vehicular traffic mall and plaza. 7.2 Nuisances. No noxious or offensive trade or activity shall be carried on upon any part of the Premises. 7.3 Signs. No sign, poster, billboard or other advertising of any kind shall be permitted on any portion of the Premises, -13- ~~ 7.4 Storage and Waste. All rubbish, trash, garbage and other waste shall be regularly removed from the mall and plaza area and shall not be allowed to accumulate thereon. No refuse containers shall be maintained on the mall and plaza area other than in the location and manner provided for by the ttanager, and no storage area shall be kept or maintained on the mall and plaza area without the prior approval of the ttanager. 7.5 Temporary Structures and Obstructions. N~+ structure of a temporary character, trailer, camper, boat or any machinery or equipment shall be permitted to remain on the mall and plaza area. There shall be no obstruction of any walkway or driveway in the mall and plaza area which would interfere with the circulation of foot or automobile traffic, except such obstruction as may be reasonably required in connection with repairs of such driveways and walkways. 7.6 Regulations. CITY shall have the right to prescribe and enforce such regulations, limitations and restrictions upon vehicular and pedestrian access and use of the Premises by such ordinances, resolutions or minute orders as may be adopted from time to time by the City Council of the City of Tustin. ARTICLE 8 GENERAL PROVISIONS 8.1 Amendment. This Agreement may not be amended except by way of a written document exe cuted by each of the parties hereto. -14- ~. ~ ,.~ 8.2 Legal Proceedings. Failure to comply with any of the terms of this Agreement by a party, its guests, customers, employees, invitees, lessees, or successors in interest, shall be grounds for relief which may include, without limitation, an action to re cover sums due for damages, injunctive relief, or any combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision, or any other provision hereof. Any party shall be entitled to bring an action for damages against any defaulting party, and in addition may enjoin any violation of this Agreement. Any judgment rendered in any action or proceeding pursuant thereto shall include a sum for attorneys' fees in such amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, together with interest, costs of collection and court costs. Each remedy provided for in this Agreement shall be cumulative and not exclusive or exhaustive. 8.3 Severability. The provisions hereof shall be deemed in- dependent and severable, and a determination of invalidity or par- tial invalidity or enforceability of any one provision or portion . hereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provisions hereof. 8.4. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose of creating a uniform plan for the maintenance of the Premises, and any violation of this Agreement shall be deemed to be a nuisance. The article and section headings, titles and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. As -15- . `~ 1 ~,"", ~w/ .,~ ,~ used herein, the singular shall include the plural and the mas- culine, feminine and neuter shall mean the same. 8.5 Notices. Except as otherwise provided in this Agreement, in each instance in which notice is to be given to a party, the same shall be in writing and may be delivered personally to the party. Personal delivery of such notice to any office or agent for the service of process on a corporation shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be de- livered by regular United States mail, postage prepaid, addressed to the party at the most recent address furnished by such party to the remaining parties or, if no such address shall have been fur- Wished, to the street address noted below. Such notice shall be deemed delivered forty-eight (48) hours after the time of such mailing. 8.6 Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the parties and all successors and assigns of the parties. CITY and AGENCY acknowledge and agree that STEVENS contemplates the assignment of its interest in this Agreement to a nonprofit mutual benefit corporation intended by STEVENS to be created as a result of STEVENS' development of the office condominium project to be located adjacent to the mall and plaza area. Such assignment may be made by STEVENS provided that the organizational structure, financial status, ability and condition of the propsed assignee are of a nature sufficient to meet and satisfy the obligations of STEVENS herein and provided that said nonprofit mutual benefit corporation agrees in writing with CITY and AGENCY to assume all of the -16- -~ .~ ,,~ `W,r *" obligations of ST EVENS arising out of this Agreement. 8.7 Nondiscrimination. The parties to this Agreement covenant and for themselves, their heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Premises, nor shall the parties hereto or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Premises. The foregoing covenants shall run with the land. 8.8 Recordation. A copy of this Agreement, or a pTemorandum thereof, may be recorded by any party hereto. Should any party desire to record a P4emorandum of this Agreement, each of the parties agree to execute the same in such a manner as is required for recording the same. 8.9 Covenants Running With the Land. The benefits of this Agreement shall run with the land underlying the office condo- minium project described herein on Exhibit E attached hereto and incorporated hereby by this reference, with the land under- lying the parking structure described on Exhibit F attached hereto and incorporated herein by this reference, and the Premises. The burdens of this Agreement shall run with the land described herein on said Exhibit E. -17- .~ `. ....,,. a..~ ~r da of THIS AGREEMENT has been exe cuted on this 1 .Z =_ Y TUSTIN COMtiUt1ITY REDEVELOPMENT STEVENS SQUARE AGENCY, a statutory entity, to-wit a California limited partnership a California redevelopment agency 1982, at Tustin, California. By ~ Chairman ATTEST: ~~ Secretary r Redeye pment Agency Address: 300 Centennial Way Tustin, California 92680 CITY OF TUSTIN By ~~ tiayor _ . .. ATTEST: ~~ C.. y er Address: 300 Centennial Way Tustin, California 92680 JGR:se:R:02/04/82 (A-14) By Gfeller Development Company, Inc., a California corporation as General Partne BY - - .. RoLir~eT G. /1 cESC~ ~xCC. ~icE r~~oe.-~ Address: 228 West tiain Street Tustin, California 92680 -18- +~.,/ 1 RESOLUTIOt] t]O. ~~-~2. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIL], CALIFOR?]IA, VACATING A PORTIOt7 OF 3 "C" STREET. 4 5 6JHEREAS, the City Council of the City of Tustin, California, on January 4, 1982, passed and adopted Resolution t]o. 2014, 6 Resolution of the City Council De Glaring its Intention to Vacate a Portion of "C" Street as more particularly described 7 therein; and 8 WHEREAS, pursuant to the provisions of said Resolution a public hearing was set, the Resolution was duly published and 9 notices of hearing were duly posted along the portion of the street to be vacated, all as required by law; and 10 WHEREAS, on the 1st day of February , 1982, at 7:30 11 p,m., a public hearing has been duly held and all persons interested in the proposed vacation have been heard by the 12 City Council. 13 t]OW, THEREFORE, the City Council of the City of Tustin, California, does hereby resolve as follows: 14 Se ction 1. That the City Council of the City of Tustin, 15 California, finds from all of the evidence submitted that the 16 Portion of "C" Street located between Clain Street and Sixth Street in the City of Tustin, California, more particularly 17 described on Exhibit "A" attached hereto and incorporated herein by this reference, and shown on the plat attached hereto and marked Exhibit "B", is unne cessary for present or 18 prospe ctive use, except as reserved as hereinafter provided. 19 Section 2. That the vacation of said portion of "C" 20 Street has been determined to be a project which will not have a significant effect upon the environment and t]otice of 21 Preparation of tegative De claration has been properly published and that after. consideration of the pegative Declaration, 22 a copy of which is attached hereto, together with comments received during public review, the negative De claration is 23 approved. 24 Section 3. That the above-described portion of "C" Street be, and the same hereby is, vacated to the extent that 25 its character and use are changed from a~ regular public street to a pedestrian and vehicular traffic mall and plaza. 26 Said vacation is subject to the reservation and exemption 27 from this vacation of permanent easements, rights and rights of way for pedestrian and vehicular traffic and other public 28 uses within limitations and upon conditions prescribed from time to time by the City Council of the City of Tustin, and EXN I BIT A 1 2 3 4 5- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,.*~ ~^*- ''rwr `~ reservation of a permanent easement or easements and right at any time and from time to time to construct, maintain, operate, replace, remove and renew aboveground and under- ground facilities and appurtenant structures under franchise to and/or owned by Orange County Sanitation District tio. 7, Southern California Gas Company, Tustin Water Works, Pacific Telephone and Telegraph Company, Southern California Edison Company, the City of Tustin and the Tustin Community Redevel- opment Agen cy and all other public agencies and public utilities in, on, over, through and across said street and all portions thereof and the rights to constru ct, maintain, operate, replace, remove and renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water and incidental purposes, including access to keep the property free from inflammable materials and otherwise protect the same from all hazards in, upon and over said street or part thereof; there are further reserved and exempted from this vacation a permanent easement of all rights to the public, to the City of Tustin and to the Tustin Community Redevelopment Agency for use, access, ingress, egress, and to cross over as set forth in that certain agreement by and among the City of Tustin, the Tustin Community Redevelopment Agency, Stevens Square and Stevens Square Association, a copy of which shall be attached hereto marked "Exhibit C" and incorporated herein by this reference as though set forth in full hereat. This resolution and vacation shall only be effective upon execution by the City and all other parties thereto of a Parking Structure Lease, Option Agreement and Escrow Instructions, and t1a11 and Plaza Agreement. Se ction 4. The City Clerk is hereby ordered to have recorded in the office of the Recorder of the County of Orange, a certified copy of this Resolution. The City Clerk is further ordered to file a Notice of Determination con- sistent with this resolution with the Clerk of the County of Orange. PASSED AP1D ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 1st day of February 1982. ATTEST: f. 1/~ CITY LERK RLL:1w:D:1/13/82 JGR:se:R:l/21/82 (B) JGR:se:R:2/2/82 ~- ~.~,~~ MAYOR • ,~. ' ~ ,..., ,,,r " ~- "C" STREET VACATION "C" Street lying between Blocks 16 an 17 All that portion of panes f iI ed in book 4, shown on the Map of a Part of Tustin City °eles County 218 and 219 of Miscellaneous recorOS ceetoasAdedicated for public o r t i on of "C" St California and that P filed in Book 495, pages 32 and 33, use on a map of Tract 10979, California, of Miscellaneous Maps, records of Orange County, described as follows: the West right-of-waY line of said "C" Beginning at a point in 10' 37" E- 88- 40 feet from Street that is distant thereon S- 0° terminus- of that certain 22.00 foot radiusScurOv°elOn the Southerly thence continuing the boundary of said Tract No. 10979; Dint on a 37" E. 79.86 feet along said WesLVelthatois concave Northerly, a non-tangent 20.00•,foot radius cu said point bears S. 20° 39' S1" E.; thence Westerly radial to le of 20° 29' said curve through a central ang 7.15 feet along ° ~ E. 28, 00 feet to a point on 10 37 " 14"; thence non-tangent S. 0 - ent 20.00 foot radius curve that is concave Easterlyyl a non tang 37" thence a radial to said point bears N. 0° 10' W-~ le of 20° 29' h a central ang 7.15 feet along said curve throug ° ~ ", id West right-of-way Line; thence non-tangent S. 0 10 . 14 to sa 89° 49' 23" E. 40.50 said line; thence N- 37" E- 81,57 feet along et to the beginning of a 34.00 foot radius curve that is said fe 28.83 feet along concave Southwesterly; thence Southeasterly Dint of cusp ° ~ 25" to a p curve through a central angle of of8said "C" Street; thence N. 0° with the East right-of waY lin 89° 49, 23" W- said line; thence S• 10' 37" W. 213.57 feet along 0. S 4 feet to a point on a non-tangent 35.00 f o°ntrbea rs Sur 80° a radial to said p that is concave Northerly;• 86, gg feet and No[thwestecly • 03' 25' E.; thence Southwesterly ° ~ 10" to the along said curve through a central angle of 142 13 point of beginning . _ - • • •• • EXHIBIT "A" • yr w.,~ • ~ SUBJECT HOWEVER to the reservation and exemption•of edestrian permanent easements, rights and rights of_Iway for p d vehicular traffic and other public uses within limitations an and upon conditons prescribed from time to time by the City Council of the City of Tustin, and reservation of a permanent easement or easements and right at any time and from time to time to construct, maintain, operate, replace, remove and renew aboveground and underground facilities and appurtenant structures under franchise to and/or owned by Orange County Sanitation District No. 7, Southern California Gas Company, Tustin Water Works, Pacific Telephone and Telegraph Company, Southern California Edison Company, the City of Tustin and _ the Tustin Community Redevelopment Agency and all other ublic utilities in, on, over, through public agencies and p and acros s said street and all portions thereof and the erate, replace, remove and rights to construct, maintain, oP renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone { lines, railroad lines and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water and incidental purposes, including access to keep the property free from inflammable materials and otherwise protect the same from all hazards in, upon and over said street or part thereof; there are further reserved and exempted from this vacation a Permanent easement of all rights to the public, to the City of Tustin and to the Tustin Community EXHIBIT "A" ~. ~~ `r„r ~ ~. . t A ency for use, access, ingress, egress, and Redevelopmen g ^ to cross over as set forth in that certain agreement by and amon the City-of Tustin, the Tustin Community Redevelopment g a coPY ' ware P.ssociaton, Agency, Stevens Square and Stevens Sq which is attached hereto marked Exhibit "C" and incorporated of herein .by this reference as though set forth in full hereat. ~-. ~: EXHIBIT "A~ I t-nom ., __ _ _. • LU . _ ~t --; }~ ~, Q ~ ~a `~ ~~ a a ~' ti .: ~ ~~ V ~. J i Q ct ti N;Q Q; S ~°a9'Z3~ ~ ?,at m: 054• :: ~ ~~ y~ t-` • ~ ~S; r,; w i ..-: -~ ~~ o o I rs ~ ~ 35 /a2'/3 '~ ,, q to -~ f y L. ~~• ~y ~ • 1 -`~ n . -~ ~~ :. d- 20-z9'/~ ,e- 2a ~' ~ L-7. /5 ~ ' ;~ ~ ~ N := ~ O O -.. G - ?D'Z9'/G ~ o Q-ZQOiD' n L- 7./5' .. 1 ~ W ~~ n ~ "~ ~ v ~% 0 ~ ,e 're ~ O N . NB9~9'23~~ ~ ~, • ~ • y~. bye.' ~ a t ~ V u~tu •~ c.q•C~CE R E ~ Y ~--,~t .«,sz • a YAH DELI. AND ASSOCIAT ^ ~ t O~ ,..,.~.•.Tb7 t ct.tt v~t.cua ~,- M1M.ca~ ~ A V A 1 ~~u.u•jV.E. t~~~l t~Ala~1.M1 ~ol1a utu ~~~-110 ' . ~ j `~` + ~• EXHIBIT H ~ ~~~~ ~j~y~. ~ c A~.i.'•~j,:.•t.'•J77±~J'fj`~ •,'!,'~tiy ~,'!`~=i ,. ~y;~I ~ j. .. i:' ~•tt srMri',•~"~ ~I `~~•C •'St`t ` RECORDING REOUE51'ED BY ~ ~ . ~ > ~M/ ./ '~ ANO WHEN RECORDED MAIL TO NAM[ ADDM[ee C,Tr a: STATI ~ J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAJC eTATEM[NTe TO Documentary transfer tax 5 ..........................•--••••••••--•-•-- NAM[ ^ Computed on full ~•alue of property conveyed, or ^ Computed on full ~•alue less liens S encumbrances ADDR[se remaining thereon at time of ;ale. GTT 8 STATE ~ . . .... .................. Signature of declarant or aa;ent determining tax firm name ^ Unincorporated area ^ City of .................................. Grant Deed •q~°,'`¢~~- jai- °~ L-1 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stevens Square, a California limited partnership hereby GRANT(S) to City of Tustin, A Municipal Corporation, a Perpetual Easerent for Pedestrian purposes, in, on, over, through and across the following described real property in the Clty Of TL1St1I1 county, of Orange ,state of California: That portion of "C" Street (abandoned) and Tract 10979, in the City of Tustin, County of Orange, State of California as shown cn a map filed in Book 495, Pages 32 and 33, Miscellaneous Maps, rtaeords of said county described as follows; . at a int in the East line of said "C" Street that is distant there on N.• Beginning po 0° 10' 37" W. 48.67 feet fran the Southwest corner of Lot 12, Block 17, as shown on a Map of a Portion of Tustin City filed in Book 4, Pages 218 and 219 of Miscellaneous Records of Los Angeles County; thence S. 89° 49' 23" W. 92.50 feet; thence N. 0° 10' 37" W. 92.62 feet; thence N. 89° 49' 23" E. 31.88 feet; thence N. 44° 07' OS" E. 42.09 feet to a point en anon-tangent 35.00 foot radius verve that is concave Northerly, a radial to said point bears S. 6' 21' 48" E.; thence Easterly 16.13 feet along said curve through a central angle of 26° 24' 38"; thence non-tangent S. 77' 30' 03" E. 12.24 feet; thence N. 89° 49' 23" E. 4.20 feet to the East line of said "C" Street; thence S. 0° 10' 37" E. 125.37 feet along said East line to the point of beginning. Dated Stevens Square, A California smite partnership BY- Gfeller Development Company. Inc. A California Corporation, 31 artner o. STATE OF CAIIFORNJA ~, ( /• /~ //- COUNTY OF r~ ' ' ~ _ c -~ 1'~ / ` •'~ • ~ before me, the undersigned, a.Notary Public in and for ~. P3eslden£ • - ~ .. said State, personally appear '~~^ I E known to me to be tf,• President, a ~ c known to me ~o be tiu '- S.~.etary of G d ~ ~ , . ~. `e g .. - e u the corporation that ,executed the within instrument and known d ~ to n,e to be the persons who executed the within instrument o" • ,= behalf of said corporation, said corporation being known to me ~ c a ,y to be the general Penner of ~~ the limitsd partnership that executed the within instrument, and :_ acknowledged to me that such partner and that such partnership EX H 1 BIT B executed tht same. ? ~ WITNESS my hand and ofiiclal seal ~~ ~ ~ ~ •~ !r Signature SEAL OR STAMr ,~ .f - '~ ~~• - 0 n W J V H a I ~G' W N V v ~ ~,' „il ~.~ ~~ t W~ ~ ~ ~ N~ ~; ,~~ .. J I h~ Ni II ~ ~ ei v~ `~' ~ I -~ ~; ~~ >~G. ~ Q~ti~ ~~ ~ ~ ~' '~' C ~ i r ~ Q • ~~~ ~ ^ ear ~. a ~~ • ^ ~ ~ U' h ~~ ti l `~~ Ov ;~> I ~w - ~. ~o IV ~~ ~1- w>> r ~ I~ ~ ti ~ ~ Ol ~~ ~~ ,~ Z ~ ~ ~ l ~~J r ~ O ~ ~ ' ~?D.,d. ~~ ~~ l ' ' ' ~~, ~l) ~~ < `~ ` ( W Z3 49 $ 89 ' I ` ~.; ~ ~ 92. 50 _ ~ ~~ ~ ' , l ~ ~i ~ I~ V ~. i c~ ~ //'~O. COMM. VAN DELL ANO ASSOCIATES. INC. PEDESTRIAN crru ENaMEEJIt .UpYET01rf lAMO rL/wME11t ~ ,~.o, ~N,rvn,a„r ~a~ ,~,., .~._„~ E A S E M E N T u~rur ~n auc• OCT. '~ -w. ,w.. .SY .~ oa,e.w NEC / ........ c .. , ~` 1 •- r ~~ • • 1 I Nwrt .DOR[se CITT 6 STAT[ NArt >ODR[ae CITT R STATL AND WHEN R[CORDED MAIL TO MAIL TAX tTATEM[NTa TO L-1 `. <a~/ I SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax 8 ............................................ ^ Computed on full value of property conveyed, or ^ Computed on full ~•alue less liens S encumbrances remaining thereon at time of sale. J . . ..........................•'-•-- Signature of declarant or agent determining taz -firm name ^ Unincorporated area ^ City of .................................. Grant Deed ~~" ¢~~- ~ z~ ~~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stevens Square, a California limited partnership hereby GRANT(S) to City of Tustin, A Municipal Corporation, a Perpetual Easement for Vehicular ingress and egress and surface drainage inr on, over, through and across the following described real property in the Clty Of Tustin county of ~~9e ,state of California: That portion of "C" Street~abandosed~ ~ a ~P filed~in Book 495, Pages 32 and 33~ of Grange, State of Califo described as follows: Miscellaneous Maps, records of said county, PARCEL 1: r' '- Ccnunencing at a point in the East line of said "C" Street that is distant there on N. 0° 10' 37" W. 48.67 feet from the Southwest turner of Lot 12, Blocc 17r as shown on a Map of a Portion of Tustin City filed in Boo~4s•P8a9?s49~82a3n"d2198000 feet to Miscellaneous Records of Los Angeles County; ~ the TFd1E POINT CF BDGINNING: thence S. 89° 49' 23" W. 74.50 feet; thence N. 0 10 37" W. 92.62 feet; thence N. 89° 49' 23" E. 31.88 feet; thence N. 44° 07' 08" E. 42.09 feet to a point on anon-tangent 35.00 foot radius curve that is concave Northeasterly; a radial to said point bears S. 6° 21' 48" E.; thence Northwesterly 30.84 feet along said curve through a central angle of 50° 28' S6"; thence non-tangent S. 44° 07' 08" West 9.55 feet to the beginning of a 20.00 foot radius curve that is concave Northwesterly; thence Southwesterly 15.95 feet along sae ~ e through a central angle of 45° 42' 15"; thence S. 89° 49' 23" W. 39.07 feet; S. 0° 10' 37" E. 149.95 feet; thence N. 89° 49' 23" E. 69.50 feet to the beginning of a 2.00 foot radius osrve that is concave Southwesterly; thence Southeasterly 3.14 feet along said curve through a central angle of 90° 00' 00"; thence S. 0° 10' 37" y E. 18.34 feet; thence N. 89° 49' 23" E. 22.50 feet to the beginning of a 34.00 foot radius curve that is concave Southerly; thence Easterly 7.56 feet along said curve a through a central angle of 12° 44' 37"; thence non-tangent N. 0° 10' 37" W. 51.50 feet to the TFdJE POINT CF Bl~I1~II~1II~. PARCEL 2: - E Beginning at a point on the East line of said "C" Street that is distant thereon N. a 0° 10' •37" W. 23.98 feet fran the Southwest corner of Lot 9, said Block 17; thence ~; N. 0° 10' 37" W. 26.02 feet along said East line; thence S. 89° 49' 23" W. 0.54 feet ;; to a point on anon-tangent 35.00 foot radius airve that is concave Northwesterly, a =~ radial to said .point bears S. 80° 03' 25" E.; thence Southwesterly 28.88 feet along ~~ said curve through a central angle of 47° 16' S9": thence non-tangent S. 77° 30' 03" ;~ E. 12.24 feet; thence N. 89° 49' 23" East 4.20 feet to the point of beginning. ~~ the limited partnership that ex•cuted the within inatrvment, and z acknowledged to m° that such partner and that such pannerahip ~,~~ I ~ I f executed the same. T WITNESS my hand and otTi~ial Nal •~~ 1 Signature ~' .1~ 1 • ~ _ _• 1 ~ ~. i E ~ .. ~T~'. ,.oa (rr T'.:J ~r. ar„I ,rai) M , ^ ~' • i ~ ~ ,. ..+ ~ ( ~.,. ~, ~~_I V 7 ~/ c. ~>> ~~ l) ~ c~~ ~\ n~ .~ ~~i 1~ ~~ ~ ~_ ~ ~ :~ m l~ ~J ~ ~T \ L 1 54¢'07'OB~1t/(RAG:) 9.55' d=a5°42'/S~ .ems ZO.O~' L-/5.95' 39.07' 569°49'23~W I l .l ~ ,~ ~~ I I N ~~ I ` ~ I~ ~ aI W ~~ ~I ~ a W Q I~ ,l ~ ~ I O o~ N I I N69.49'23~E X09. SO' d ~ 90'G10'0O~ s o•~a , < J~'89°4~ ~~/{~ R=35. G1~' L-28~ 5 32°__~Yo' 2G E .~ c ~~" i ~ W ti; ~;~ y ? .w~ 0 n ~ O 0 a T. P.D.~Q pA•!! / s a9°49'z3~w _ 92.50' 74.S~D' /B. \~ IX O ~) 2I~ I Y J V I _a3' 25 "~E _ ~~___ .r~ .. ~O B. P,q,Q ? ~~ ~~~ `, ;. ~. ~;; J ~~ ` ~ - ~ ~ e ~~ ~~ ~ J ~ `T ~~ i i ~T ~ ` :~ ` r ~ ~ ~ 1 ~ ~. ~~ I+ f?O. CCWIM. ~~ ~ ~. ~~ '~' ~ ~ ,,• ~~ V11N DELL ANO ASSOCIATES. INC. A n ^ C ~+ c Citil ER0IMEEM !1 l~V G J J SLR~ETORi IARD /IARMEAf EASEMENT 0 n W J V N a I tAr4T .~. a.r~• ~-~ n~r,,car ... /57. /?. Ov o.r..w 1 • . ~W. Id~T T s ,. ~~ I B ST'FjEET ~ _ _ i ~~ ~ ~ m~ ~~ I~. ~ ~ D ~ ~~~~~ i I ~~m ~ ~ ~ I S & S Y I ~ ,~ .. h~ ~~ ~~~ E~~~~1BIT ~ i 'rr/' l ~~ All of the real property at the southwesterly corner of Main and C Streets in the City of Tustin, County of Orange, State of California, upon which an office condominium in several structures is located and known as Stevens Square, including Assessor's Parcel Number 401-621-01 and Tract Number 10979 recorded in Book 495, Pages 32 and 33 in Miscellaneous Piaps, Official Records of Orange County, California. EXHIBIT E i Jr • ~'. `~' ~ • ~ 4 -. ~. , '~' Tel: . - r ~ ~ ~~ . :~CHELIULE C ~. ~• ~ GR-1 ..• 1 JC) r. THE LAND REFEF;RED TO IN ANGE,PCITYYOFSTUSTI'N ANDINSTDEC•~IBED AS CAL I FOF.N I A, COUNTY CIF ~R FOLLOWS: PARCEL 1: - ~ OF ~ LOTS 7 ~ 8 AND I N BLC~CF: 17 THE SOUTH 50.00 FEE71CIF THAT jj~ OF "A PART OF TUST I N C I AS SHOWN ON MAP FtECOkDED BC~OF~ 4 PAGES 218 AND 219 OF MISCELLANEOUS RECORDS GF LOS ANt:ELES C:GItNTY~ CAL I FGRN I A~ DESC:R I BED AS FOLL! ~WS: BEGINNING AT THE NORTHWEST CGRNER GF t:AID LOT 9; THENCE EAST 137. U9 FEET TO THE NGRTHWE~T CUF:NER OF THE LAND C:C~NVEYED TO CHAS. S. F;ELLY F'AGE 3 OF L~EEL~S~ BY DEED RECGF:L~ED JANUARY ~OALIFuRNIA;BTHENCE6S0UTH ALONG THE WEST RECukDS OF ORANC•E G-.JUNTY~ LINE OF SAID LAND. 150.00 FEET TO THE ~~OUTHWEST CGRNER THEREUF4 THENCE WEST 136.93 FEET TTOTTHESPC~INTEGF BEGINNING.cAID LOT 9~ THENCE NORTH 150.00 FEET PARCEL 2: Si iUTH 1 C~. 00 FEET GF THAT A RIGHT OF WAY FOR ALLEY F'URF'O'~ES OVER THE PGRTIGN OF LOTS 6 AND 7 IN BLOCK 17. OF "A PART GF TU~TIN CITY". AS SHOWN GN A MAP F:EC:GF<DED I N ROOK 4, PAi'QUNTY~ AALIF 1~RN I A, DE:~CR I EKED M I ~ CELLANEOUS REC~~F:DS OF L~ ~~ ANGELES AS FOLLOWS: • BEGINNING AT A F'C~INT 141 . S:j FEET WEST OF THE NORTHEAST CORNER OF ~ SAID EiLOCK 17~ SAID POINT FiEING ALSO 162. U~GUTHT150JOOOFEETETO A ~ NORTHWEST CGRNER OF SAID FtLOC'.K 17: THENCE ~ F•OINT 141.69 FEET WEST OF THE ~•OUTHEAST CORNER OF LOT 4 GF :SAID BLOCK 17. AND BEING ALSO 161./3 FEET EAST OF THE SGUTHWEST CGf;NER OF LGT 9 UF.STHDNBEvEAST725THUNFEETETO THEOPOINTTGFTE{EGINNIr11i~TH 150.00 FEET. PARCEL 3: LOTS 10, 11 AND 12 IN FjLGCK 17 OF A PART OF TU~~TIN CITY. AS cHl"AWN ON A MAP kECGRDED IN EOOF: 4~ PAGES 213 AND 219 OF MI~~CELLANEOUS RECORDS uF LOS ANGELES CGUNTY~ CALIFCaRNIA. WHB~CLC ~ '. • EiC.h~ ~ ~3 ~ ~ 1, Pnr.F S r ~ ~ S TR££' 1 - __ _ . ~ ~- ' ~ 2 ~ p p - ~ O O~~ ~~• ~ ~ , . ~, ~ z ., . H ti ~ ~,~ y AJ r ~ ~ r' ET i ""'~ y-r N W ry ~ - , STRE Da ~,~c nl ~ ` 2 r ~ 1 ` 2 ~d ~~~ ~I 0 1 i• ~ o m __ I ~ ~; : t .. ~ ~~~ O~ ~~ o f ~• a ..• I . ~ ~ .., ~ 3~ 3~a ~ `~ ~ 1 0 10 ® ~. ' ® I 4 I , ~ aw a, `Op v o m `O cs ~ ~ .~• I J'• ~ ~ ~ ~ ~ L CAM/NO ! o" s~wt[rl REAL t E • - ..: C~ 3 d 'O C_ ~~ ~ T ;~ • -, ~ ~ v :i a. i+ ^ _ ~.~ f0 ~~ c : p) ~~ u A d ~• i c.e• 1 2 0 1 = a usi ~ t~~ ~ Z r" N i 2a n ; vi ~ m m N ~ ~ k I ~~~• 1 ~ I ~' O of i ® u ~ © :I C ti O I I i1 o ~ 1 ~'- _ ~ b n y 1 I _ - L _ - - .rr. y - mss ~ ti ~ ~~ )iI• 1~ ~+ m r` ~ ~ • .. • ---- ..~ - :.. ;. ~ c~ ms y • I ° i 2 k ~y H ti N 0 ~ ~ y ~ s O ~ ~ -~-._. O s n ~ ~ I I ki ~r _ ~ - ~ Vic. ~' ~ ~- - - ~ 1~ ~ O • - • - 27 •- ~ t ~ ~ - ~~ $ _ .. . • z. =• ti W . Z P. ' 7 'fir/ ..r = 4~. . r~,.ti~ - 7. ,~ : Ok-15376~~0 n DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF TUSTIN, DESCRIBED AS FOLLOWS= THAT PORTION DF 5TH STREET AS SHOWN ON A MAP OF TUSTIN CITY RECORDED IN BOOK 4, PAGE 218 OF MISCELLANEOUS RECORDS OF LOS ANt:iELE6 COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN THE EAST LINE OF "C" STREET, AS SHOWN ON SAID MAP, 300.00 FEET SOUTH OF THE NORTHWEST CORNER OF BLOCK 17 OF TUSTIN CITY; THENCE EAST 150.00 FEET TO THE WEST LINE OF THE LAND CONVEYED TO N. F. RITCHEY BY DEED RECORDED MAY 5. 1904 IN HOOK 105. PAGE 202 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFGF:NIAi THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE LANPAGEN203EOF TO ARTHUR F. RITCHEY RECORDED MAY 5, 1904 IN BOOK 105, :AID GEED, SOUTH 66 FEET TO THE NORTH LINE OF BLOCK 24 OF SAID TUSTIN CITY; THENCE ALONG SAID NORTH LINE, WEST 150.00 FEET TO SAID EAST LINE OF "C" STREET; THENCE ALONG E.AID EAST LINE, NORTH 66.00 FEET TO THE POINT OF BEGINNING. WHB: MF FLATS (AND CC&k'S, IF ANY) ENCLOSED. NOTE= ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY IN THIS FEPORT WITHIN SIX MONTHS PRIOR TO THE DATE OF THIS REPORT. EXCEPT A~ FOLLOWS NONE. .-~ PAGE 3 A- 4 ~ ~ ~ `_ tr,~ t IFt• ' . B ~ ST BEET j ~ r_ L a 2 b _1 y w 40.1 i0 ~ I ~ I ). I b .~ 2 ---_~__ Y N > -~ --_~ °O O I O (O U C~ D O ~, 2 ~~ r------~ --~ ~ ~ C.J i ' ~ ° ~ ~ ~ >, ~ _ ` ~ ;~ ~~ 01 ` 1 v ~ _! 1 ' 1 = ~ ' 1 ----_~_-.-~~~J y ti i ~ ' i -~--------~i Z v cn ~r d' ' ~ ^ ~ a ~ O ~ y ~ ~ ~ ~ g~ Sao C :oa.r.• ' sa• sa r~i., 1 ~ ~ ~ .. ~ ~ ~ STREET ti ~ 20 v y ~ C a 4 ~ c ~;~m< a ~ n w ti ~ ~~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ N t~ ~ ~ 0 b V cai ~., b ~ H r C V - .- ,o ~o ~ ~s ro ~ _~ ~_ IIJJ ~ ; ~ 'ts _ ~~~} ~ ,n ~ ' ~ r---a 'C-- i it t ~ l / ~ ` I ~~ n~ d ~ ~ v I ~~ v ; ~' V i ' ~ '~ O s .., - --------- ~~ ~ 6 ~- `• O ~ ~ ' ~~ - ~- ^ 1 ~e v ~ na ~~ ~ ~ ~ r ~o ~.~.~e ~~• ~ s• •t - EL x ` ~ w 1 ~ -_ K Z - O :w : " M 1 ~ I - Q s w ~ M Z - z i Z C .,~ . • A s ~ _~" _ N "TR _ A ~ N CAM/NO f 0 ~ sw(f7J a g 8 » L ~a« o~ ,. ~ ~ M ~ O A ~ ~ ~ _ Z N ~ -s ~ N ~ . ~ -~- ~ -y ~ s .~ -,~ .- ~`. '~ ~ -- ~ ~ - -=- _.~ ~~_ REAL S CT ~; e~ ~1 i A O ,1N - ~r~i ;~ r.v+ _a~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) .,.+ MARY E. WYNN, 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 of the City of Tustin is five] that the above and foregoing Resolution No. 82-12 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 1st day of February, 1982 by the following vote: AYES COUNCILPERSONS: Sharp, Edgar, Hoesterey, Saltarelli NOES COUNCILPERSONS: Kennedy ABSENT: COUNCILPERSONS: None £. MARY E. City Cler City of Tust n, California