HomeMy WebLinkAboutDEED - PARCEL IV-J-2 (NAVY TO CITY)
CITY OF TUSTIN OFFICIAL BUSINESS
REQUEST DOCUMENT TO BE RECORDED
AND TO BE EXEMPT FROM RECORDING
FEES PER GOVERNMENT CODE 6103
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
111111111111111111111111111111111111111111111111111111111111111111111111111 NO FE E
2006000089844 02:46pm 02/08/06
11611 Q01 12
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Recording requested by and
when recorded mail to:
City Manager
The City of Tustin
300 Centennial Way
Tustin, CA 92780
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Space Above This Line Reserved for Recorder's Use
QUITCLAIM DEED FOR PARCEL IV-J-2
~ t a;vf......
This DEED is made this I Z day of --J CPA "-" r~ 2~ by the UNITED
STATES OF AMERICA, acting by and through the Dep ment of the Navy, (the
"GRANTOR") in favor of the CITY OF TUSTIN, CALIFORNIA the recognized local
redevelopment authority for Marine Corps Air Station Tustin (the "GRANTEE"),
RECITALS:
WHEREAS
A. The GRANTEE has requested conveyance from the GRANTOR of a portion of
the former Marine Corps Air Station Tustin, ("MCAS Tustin") which was closed pursuant to and
in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (Pub. L.
No. 101-510; "Base Closure Act") and which is no longer required for military purposes; and
B. The GRANTOR is authorized to convey property at MCAS Tustin to the
GRANTEE pursuant to the Base Closure Act; and
C. The GRANTOR has found and determined that the property at MCAS Tustin to
be conveyed to GRANTEE is suitable for transfer pursuant to a Finding of Suitability for
Transfer ("FaST") dated September 29,2004; and
D. The GRANTOR and the GRANTEE have entered into the Agreement between
the United States of America and the City of Tustin, California, for the Conveyance of a Portion
of the Former Marine Corps Air Station Tustin (the "Agreement"), which sets forth the terms and
conditions of the conveyance of portions of MCAS Tustin from the GRANTOR to the
GRANTEE.
4832-9474-7648.1
MCAS TUSTIN QUITCLAIM DEED FOR PARCEL IV-J-2
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NOW THEREFORE, the GRANTOR, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and
forever quitclaim to the GRANTEE, all of GRANTOR's right, title and interest in and to that
certain real property, comprising approximately I-acre, more or less (hereinafter "Property"), as
more particularly described as Parcel IV-J-2 in Exhibit "A." fjl6c1 SeE b,xh,ba B
1. TOGETHER WITH all of GRANTOR's right, title and interest in and to:
1.1. All buildings, facilities, roadways, and any other improvements on the Property,
1.2 All hereditaments and tenements therein and reversions, remainders, issues,
profits, privileges and other rights belonging or related thereto,
1.3 All rights to minerals, gas, oil, and water.
2. SUBJECT TO THE FOLLOWING COVENANTS, RESTRICTIONS, AND
CONDITIONS, which shall be binding upon and enforceable against the GRANTEE, its
successors and assigns, in perpetuity, AND TO THE FOLLOWING NOTICES:
2.1 The GRANTEE agrees to accept conveyance of the Property subject to all
covenants, conditions, restrictions, easements, rights-of-way, reservations, rights, agreements,
and encumbrances of record.
2.2 A FOST has been completed and an Environmental Baseline Survey ("EBS")
report is referenced in the FOST. The FOST and EBS reference environmental conditions on the
Property and on other property not subject to this Deed. GRANTEE acknowledges that it has
received copies of the EBS and the FOST; that it is aware of the notifications therein; and that all
documents referenced therein have been made available to GRANTEE for inspection and
copymg.
2.3 Except as otherwise provided herein, or as otherwise provided by law, the
GRANTEE acknowledges that it has inspected, is aware of, and accepts the condition and state
of repair of the Property, and that the Property is conveyed "as is" and "where is" without any
representation, promise, agreement, or warranty on the part of the GRANTOR regarding such
condition and state of repair, or regarding the making of any alterations, improvements, repairs
or additions. Except for the environmental remediation which may be required to be undertaken
by GRANTOR pursuant to paragraph 2.4 below, the GRANTEE further acknowledges that the
GRANTOR shall not be liable for any latent or patent defects in the Property except to the extent
required by applicable law.
2.4. CERCLA Notices And Covenants:
-4832-9474-7648.1
MCAS TUSTIN QUITCLAIM DEED FOR PARCEL IV-J-2
Page 3
1
2 2.4.1 Notices: Hazardous Substance Notification. Pursuant to 42 U.S.c. S
3 9620(h)(3)(A), and the provisions of 40 C.F.R. Part 373, the Grantor has made a complete search
4 of its files and records concerning the Property and hereby gives notice that based on that
5 research no hazardous substances were stored, released, or disposed of on the Property.
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7 2.4.2. Grant of Covenant [CERCLA 42 U.S.C. Section 9620(h)(3)(A)(ii)].
8 Pursuant to section l20(h)(3)(A)(ii) of CERCLA (42 U.S.C. S 9620 (h)(3)(A)(ii)), the
9 GRANTOR covenants and warrants that:
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11 (a) all remedial action necessary to protect human health and the environment with
12 respect to any hazardous substance identified pursuant to section 120(h)(3)(A)(i)(I) of CERCLA
13 and remaining on the Property has been taken before the date of this deed, and
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15 (b) any additional remedial action found to be necessary after the date of this deed shall
16 be conducted by the GRANTOR. This covenant shall not apply to the extent that the GRANTEE
17 caused or contributed to any release or threatened release of any hazardous substance, pollutant,
18 or contaminant.
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20 2.4.3. Access [CERCLA 42 U.S.c. Section 9620(h)(3)(A)(iii)]. In connection
21 with GRANTOR's covenant in 2.4.2 above and in connection with ongoing remediation on
22 GRANTOR's property adjacent to the Property, GRANTEE agrees that GRANTOR, its agents,
23 shall have the right, upon reasonable notice to GRANTEE, to enter upon the Property in any case
24 in which a response action, or corrective action is found to be necessary at such property after the
25 date of this deed, or such access is necessary to carry out a response action, or corrective action
26 on adjoining property. GRANTEE shall not have any claim on account of such entries against
27 the GRANTOR or any of its agents. In exercising its right of access, except in case of imminent
28 and substantial endangerment to human health or the environment, the GRANTOR (1) shall give
29 the GRANTEE reasonable notice of any action to be taken related to such remedial or corrective
30 actions on the Property, and (2) make reasonable efforts to minimize interference with the on
31 going use of the Property. Furthermore, the GRANTOR and GRANTEE agree to cooperate in
32 good faith to minimize any conflict between the necessary environmental investigation and
33 remediation activities and the GRANTEE's, its successors and assigns, use of the Property. Any
34 inspection, survey, investigation or other response, corrective or remedial action undertaken by
35 GRANTOR will, to the maximum extent practical, be coordinated with representatives
36 designated by the GRANTEE.
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38 2.5 Indemnification Regarding Transferees. The GRANTOR hereby recognizes its
39 obligations under Section 330 of the National Defense Authorization Act of 1993 (Pub. L. 102-
40 484), as amended, regarding indemnification of transferees of closing Department of Defense
41 property.
42
-4832-9474-7648.1
MCAS TUSTIN QUITCLAIM DEED FOR PARCEL IV-J-2
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2.6. Non-Discrimination. GRANTEE covenants for itself, its successors and assigns,
that it will comply with all applicable provisions of the Civil Rights Act of 1964, section 504 of
the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1975 in the
use, occupancy, sale or lease of the Property. The foregoing shall not be construed to prohibit
the operation of federal or state approved programs focusing on the special needs of the
homeless, veterans, victims of domestic violence and other classes of persons at risk; nor shall it
be construed to prohibit employment practices not otherwise prohibited by law. The GRANTOR
shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of
any land or interest therein in the locality of the Property hereby conveyed and shall have the
sole right to enforce this covenant in any court of competent jurisdiction.
2.7 NO HAZARD TO AIR NAVIGATION: GRANTEE covenants for itself, its
successors and assigns, that in connection with any construction or alteration on the Property, it
will obtain a determination of no hazard to air navigation from the Federal Aviation
Administration in accordance with Title 14, Code of Federal Regulations, part 77, entitled
"Objects Affecting Navigable Airspace," or under the authority of the Federal Aviation Act of
1958, as amended.
3. THE CONDITIONS, RESTRICTIONS, RESERV A TIONS, AND
COVENANTS set forth herein are a binding servitude on the Property, shall inure to the benefit
of GRANTOR and GRANTEE and their respective successors and assigns, and will be deemed
to run with the land in perpetuity, pursuant to California Civil Code sections 1462 and other
. applicable authority.
4. NOTICES: Notices shall be deemed sufficient under this Agreement if made in
writing and submitted to the following addresses (or to any new or substitute address hereinafter
specified, in a writing theretofore delivered in accordance with the notice procedure set forth
herein by the intended recipient of such notice):
If to the City:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Manager
Christine Shingleton
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, California 92780
-4832-9474-7648.1
MCAS TUSTIN QUITCLAIM DEED FOR PARCEL IV-J-2
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With a copy to:
George R. Schlossberg, Esq.
Kutak: Rock LLP
1101 Connecticut Avenue, N.W.
Suite 1000
Washington, DC 20036
If to Government:
Director
BRAC Program Management Office West
1230 Columbia Street, Suite 1100
San Diego, CA 92123-5189
5. EXHIBITS. The following exhibit is attached hereto and made a part of this
Quitclaim Deed:
5.1. Exhibit "A" Legal Description and Plats of Property
[Signature Page Follows]
-4832-9474-7648.1
MCAS TUSTIN QUITCLAIM DEED FOR PARCEL IV-J-2
Page 6
IN WITNESS WHEREOF, the GRANTOR has caused its name to be signed to these
presents by an authorized Real Estate Contracting Officer on the day first above written.
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32 Attest:
;~ mliM.A
35 ~amela Stoker
36 City Clerk
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UNITED STATES OF AMERICA,
acting by and through the Department of the Navy,
By:
Dated:
ACKNOWLEDGEMENT OF GRANTEE'S COVENANTS
TO INDICATE ACCEPTANCE of its covenants and agreements contained in this
Quitclaim Deed and receipt of the documents described herein, GRANTEE has executed this
document on the date written below.
CITY OF TUSTIN
By:
/Nd/t~ ~
William A. Huston
City Manager
~ - 2 -0;:'
Dated:
~ fi;0~
-4832-9474-7648.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of SA d ~/ c;. G:s 6
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CornrnIsUl # 1.t2.t381
NoIary POOIIc - CaIfomIa
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Nama(s) of Signer(s)
~nally known to me
o proved to me on the basis of satisfactory
evidence
to be the person('st whose namefe1 isl&Fe-
subscribed to the within instrument and
acknowledged to me that hef3i'1e/ti'1ey executed
the same in his!hel'!tl'leir authorized
capacity~. and that by hislhel'ltRoir
signaturefst on the instrument the persofl.(-er,or
the entity upon behalf of which the person~
acted, executed the instrument.
Though the information below is not required by law, it ay prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~, I-ela //17 ~ l::> ;:; P... -/t2ACE L 11/ - I- .:2-
Document Date: <Jt; fl u.. tt ;. d2...CJtJ,b Number of Pages: /0
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o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservat
o Other:
.
Top of thumb here
Prod. No. 5907
Reorder Call Toll.Free HlOO.a7~27
Q 1999 NatiOnal Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatswortl1, CA 91313.2402 . www.natlonalnotary.org
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of california}
County of Orange SS
City of Tustin
On February 2. 2006 before me, ------------- Maria R. Huizar. Notary Public------------------- ,
Date Name and Title of Officer (i.e., Your Name, Notary Public)
personally appeared -------------------------------- William A. Huston ----------------------------- ,
Name(s) of Document Signer(s)
~ personally known to me ( or)
D proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
) ~ ~.: ~ . . . . MAAI~ 'R~ HU~ . . . E
~ . . COMM.I1460756
fa Notafy Publlc..callfornla m
ORANGE COUNTY ::;:
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WITNESS my hand and official seal.
JI ~- f( 1M t?V
Signature of Notary 3
(AffIX seal in the above blank space)
------------------------- lJl'1"IlJfVALL -----------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Ouitclaim Deed for Parcels I1I-D-5. III-D-6. III-D-7.III-D-8 and III-G-4
01112/2006 Number of Page:
Richard Kuhle
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer
o Titles(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top ofThumb
here
o Individual
o Corporate Officer
o Titles(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top ofThumb
here
RIGHT THUMBPRINT
OF SIGNER
Signer is Representing:
Signer is Representing:
IIPSOMAS
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Legal Description
Exhibit "A"
Parcel IV-J-2
(Portion of Reuse Plan Disposition Site 40; portion of carve-out 5)
In the City of Tustin, County of Orange, State of California, being that portion of Lot 78 in
2 Block 10 of Irvine's Subdivision as shown on the map filed in Book I, Page 88 of
3 Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through
4 39 inclusive of Records of Survey, all of the records of said County, described as follows:
5
6 For the purpose of this description the following Control Lines are hereby established:
7
8 Control Line "A"
9 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of
10 Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue
I t having a bearing of North 40037'39" East between Valencia Avenue and Warner Avenue;
12 thence South 49020'07" East 106.23 feet to the beginning of a curve concave southwesterly
13 having a radius of 1400.04 feet; thence southeasterly along said curve 134.49 feet through a
14 central angle of5030'14"; thence South 43049'53" East 101.77 feet to the beginning ofa
15 curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly along
16 said curve 103.54 feet through a central angle of 04014'15" to a point hereinafter to be
17 referred to as Point "E"; thence continuing southeasterly along said curve 30.86 feet
18 through a central angle of 01 015'46".
19
20
21 Control Line "C"
22 Beginning at the hereinabove described Point "E"; thence North 40040'06" East
23 739.01 filet to a point that is 445.49 teet southeasterly, measured at right angles, from the
24 centerline of said Red HilI Avenue between Valencia Avenue and Santa Fe Drive, and
Page 1 on
M :\:!TlJSO I 0500Isurv"y\legals\LEGAL- P ^ llcm._fY -J .2.doc
Last printed 5/6/02 9: 19 ^r.'{
IPSOMAS
i
I)
Legal Description
Exhibit "A"
Parcel IV-J-2
(Portion of Reuse Plan Disposition Site 40; portion of carve-out 5)
604.41 feet southwesterly of the southwesterly line of the Parcel Map filed in Book 64,
2 Page 39 of records of said county, as established on said Record of Survey
3
4 Parcel IV-J-2
5 Beginning at the hereinabove described Point "E"; thence along said Control Line "c"
6 North 40040'06" East 53.06 feet; thence leaving said Control Line South 47053'33"East
7 55.02 feet to the True Point of Beginning; thence North 04022'13" West 35.33 feet to a
8 line parallel with and 30.00 feet southeasterly of said Control Line "C"; thence along said
9 parallel line North 40040'06" East 237.97 feet; thence leaving said parallel line
10 North 85040'05" East 21.21 feet to a line parallel with and 50.00 feet southeasterly of said
II Control Line "C"; thence along said parallel line North 40040'06" East 61.66 feet; thence
12 leaving said parallel line North 04019'54" West 21.21 feet to a line parallel with and
13 30.00 feet southeasterly of said Control Line "C"; thence along said parallel line
14 North 40040'06" East 264.58 feet to the beginning of a curve concave southeasterly having
15 a radius of90.00 feet; thence leaving said parallel line northerly along said curve 46.48 feet
16 through a central angle of 29035'30" to the beginning ofa reverse curve having a radius of
17 48.00 feet, a radial line to said beginning of curve bears South 19044'24" East; thence
18 easterly, northeasterly, nOltherly, northwesterly, westerly, southwesterly, and southerly
19 along said curve 200.38 feet through a central angle of 2390 II '01" to the beginning of a
20 reverse curve concave northwesterly having a radius of90.00 feet, a radial line to said
21 beginning of curve bears South 78055'25" East; thence southerly along said curve
22 46.48 feet through a central angle of 29035'31" to a line parallel with and 30.00 feet
23 northwesterly of said Control Line "e"; thence along said parallel line
Page 2 00
M :\2TUSOI 0500Isurvcy\leg,lsILEGAL-P J\ ReEL_IV -J - 2.uoc
Lnst printed 5/6/01 9: I ') AM
PS OMAS
Legal Description
Exhibit "A"
Parcel IV-J-2
(Portion of Reuse Plan Disposition Site 40; portion of carve-out 5)
South 40040'06" West 591.29 feet; thence leaving said parallel line South 87033'50" West
2 36.69 feet to a line bearing South 47053 '33" East and passing through the True Point of
3 Beginning; thence South 47053'33" East 111.82 feet to the True Point of Beginning.
4
5 Containing 47,669 square feet or 1.09 acres, more or less.
6
7 As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
8
9
10 Prepared under my supervision
II
12 L./.r..f/L ?._sl-L
I3 Walter A. Sheek P.L.S.4838
14 Expires 9/30/04
15
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Date r '
Page 3 of3
M :1211JSO I 0500Isurveyllcgals\LEGAL.r ARCEL_ IV. ).2 .doc
Last printed 5/6102 9: J 9 AM
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BEARING TABLE
8 BEARING
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DISTANCE
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I DESCRIPnON: PARCEL IV-J-.2 (pORnON 01' REUSE PLAN DISPOSAL SITE 40; PORnON 01' CARVE-OUT 5)
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CHECKED WAS
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JOB
NUMBER 21US010500 12