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HomeMy WebLinkAboutDEED COVENANT – PARCELS I-H-15 & I-H-16 This Covc""ant and Agreement ("Covenant") is made by and between the United States of A,l11erica acting by and through the Department of the Navy ("DON" or 'Covenantor"), the current owner of property situated in the City of Tustin, County of 1 " Final Execution Version 1 Document: 2002-404588 F'age: WHEN RECORDED, MAIL TO Department of Toxic Substances Control Southern California Region 5796 Corporate Avenue Cypress, California 90630 Attention: John E. Scandura Chief Southern California Operations Office of Military Facilities California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500 Riverside, California 92501-3348 Attention: Gerard J. Thibeault Executive Officer ))':J 7.. ,C; '2 MY'-lt: SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE COVENANT TO RESTRICT USE OF PROPERTY ENVIRONMENTAL RESTRICTION (Re: Marine Corps Air Station Tustin) ..- r ~ \ United States Navy Naval Facilities Engineering Command Southwest Division 1230 Columbia Street, Suite 1100 San Diego, California 92IOl Attention: William R. Carsillo Lead Real Estate Contracting Officer nm 111111\111 11m 1\111 11\\1 1111111111 11I1I NO FEE 20020404588 04:30pm 05114/02 107 23 C39 27 0.00 0.00 0.00 0.00 0.00 0.00 0..00 0.00 RECORDING REQUESTED BY Illllllll Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk-Recorder RECOROIOO REQUESTED BY 'IRST AMERICAN TITLE COMPANY SUBDIVISION DePARTMENT Orange, State of California, described and depicted as Parcel I-H-15andI-H-16 in Exhibit A which is attached and incorporated herein by this reference ("Property"), and the California Department of Toxic Substances Control ("Department"), and the California Regional Water Quality Control Board, Santa Ana Region ("R WQCB"). The Department and R WQCB have determined that this Covenant is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials, as defined in California Health and Safety Code section 25260, and enters into this Covenant in accordance with Health and Safety Code section 25355.5 and California Civil Code section 1471(c). In addition, pursuant to Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") section 1 04 (42 U.s.C. S 9604), as delegated to the Covenantor by Executive Order 12580, ratified by Congress in 10 United States Code section 2701 et seq., and implemented by the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"), 40 Code of Federal Regulations part 300, and implementing guidance and policies, the Covenantor has also determined that this Covenant is reasonably necessary to protect present or future human health or safety or the environment as the result of the presence on the land of hazardous substances as defined in CERCLA section 101 (42 U.S.C. S 9601). The Covenantor, the Department, and the RWQCB (collectively, the "Parties") therefore intend that tbe use of the Property be restricted as set forth in this Covenant to protect human health, safety, and the environment. The Covenantor currently has legal title and interest in the Property sufficient to enter into and record this Covenant and to provide for continuing enforcement of tbe Restrictions contained in this Covenant. This 2 Final Execution Version I Document: 2002-404588 Page: 2 Covenant shall be enforceable against the Property and any portion thereof in that it shall mn with the land to all successors and assigns as provided in this Covenant. Further, in any subsequent transfers or conveyances of the Property's title by tbe DON to non- federal entities the DON shall insure that any such subsequent deed or transfer contains protective Restrictions that are consistent with this Covenant and provide a right of access and power to inspect the Owner's or Occupant's compliance with such Restrictions. ARTICLE I STATEMENT OF FACTS 1.01 The DON and the Department entered into a Federal Facility Site Remediation Agreement ("FFSRA") on August 18, 1999, pursuant to which DON agreed to investigate and respond to releases of CERCLA hazardous substances at Marine Corps Air Station ("MCAS") Tustin. The Moffett Trenches and Crash Crew Bum Pit site at MCAS Tustin has been designated as Installation Restoration Program ("IRP") Site 1 ("IRP-l") and is also known as Operable Unit No.3 ("OU-3"). IRP-l is located at MCAS Tustin, in the County of Orange, State of California, and is generally bounded to the noriheast by the southern edge of Edinger Avenue, to the northwest by the western edge of the access road on the northwest edge of the Jamboree Road roadbed fill (approximately 20 feet west of the landfill gas probes), to the southwest by the toe of the northern concrete support structure for the Jamboree Road overpass above Moffett Drive, and to the southeast by the western edge of the Peters Canyon Channel bottom where it meets the contairunent remedy wall or western channel bank 3 Final Execution Version 1 Document: 2002-404588 Page: 3 IRP-l was investigated by DON as provided in the FFSRA and addressed in the OU-3 Record of Decision ("ROD")/Remedial Action Plan ("RAP") issued and approved on December 20, 200l. The OU-3 ROD/RAP selected a surface cover and containment wall along Peters Canyon Channel; a landfill gas, groundwater and surface water monitoring program; associated land use restrictions; and a contingency plan as the remedial action for IRP-l. This remedial action was determined to be adequately protective of human health and the environment and to comply with federal and state requirements. The OU-3 ROD/RAP provided that certain specific existing monitoring wells and associated monitoring or other equipment located adjacent to IRP-l (Monitoring Wells IOOIBC47S, IOOIMW47D, IOOIMW43D, and IOOIBC43S) are part of the selected remedial action. Operation, maintenance, and monitoring activities associated \vith these monitoring wens will be addressed more specifically in the Operation and Maintenance Plan and the Land-Use Control Implementation and Certification Plan being developed for OU-3. These four monitoring wells and associated equipment are located on property adjacent to IRP-l. The OU-3 ROD/RAP , also provided that the area ofappJicability of the Restrictions for Adjacent Wells protecting these monitoring wells and associated equipment was defined as the locations of the wells and equipment. The ROD/RAP also provided that the Covenant must provide for access for DTSC, the RWQCB, and other regulatory agencies that have jurisdiction, including any contractor or representative acting at the direction of any such aforementioned entity. The locations ofthe adjacent monitoring wells and areas of applicability of the Restrictions for Adjacent Wells are referred to as the "Property' 4 Final Execution Version Document: 2002-404588 Page: 4 subject to this Covenant and are more particularly described and depicted as Parcel I-H- IS and I-H-16 in Exhibit A. The DON issued a Finding of Suitability for Transfer ("FaST'') dated April 22, 2002, to transfer the Propeliy. Real property containing IRP-I will be conveyed at a later date in a separate conveyance from the conveyance of the Property. ARTICLE II DEFINITIONS 2.01 Covenantor. "Covenantor" shall mean the United States of America Acting through the DON. 2.02 Department. "Department" shall mean the California Department of Toxic Substances Control and includes its successor agencies, if any. 2.03 Occupant. "Occupant" shall mean any person or entity entitled by leasehold or other legal relationship to the right to occupy any portion ofthe Property. 2.04 Owner. "Owner" shall mean the Covenantor's successors in interest, and their successors in interest, including heirs and assigns, during their ownership of all or any portion of the Property. 2.05 RWQCB. "RWQCB" shall mean the California Regional Water Quality Control Board, Santa Ana Region and includes successor agencies, if any. ARTICLE III GE~'ERAL PROVISIONS 3.01 Restrictions to Run with the Land. This Covenant sets forth protective provisions, covenants, restrictions, and conditions (collectively, "Restrictions"), subj ect 5 Final Execution Version 1 Document: 2002-404588 Page: 5 to which the Property containing Monitoring Wells IO01BC47S, IOO1MW47D IOOIMW43D, and roOlBC43S and associated monitoring and other equipment shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. These Restrictions are to be construed to be consistent with the separate restrictions placed in the deed by and in favor of the Covenantor, conveying the Property from the Covenantor to its successor in interest. Each and every Restriction: (a) runs with the land in perpetuity pursuant to Health and Safety Code section 25355.5(a)(I)(C) and Civil Code section 1471; (b) inures to the benefit of and passes with each and every portion of the Property; (c) is for the benefit of, and is enforceable by the Department and R WQCB;. and (d) is imposed upon the entire Property unless expressly stated as applicable only to a specific portion thereof. 3.02 Binding upon Owners and Occupants. Pursuant to Health and Safety Code section 25355.5(a)(1)(C), this Covenant binds all Owners and Occupants of the Property, their heirs, successors, and assigns, and the agents, employees, and lessees of the Owners, heirs, successors, and assi!:,'IlS. Pursuant to Civil Code section 1471(b), all successive owners of the Property are expressly bound hereby for the benefit of the Department and RWQCB. 3.03 Written Notification. Upon a detennination that a hazardous substance is present upon or beneath any portion of the Property, Owner and/or Occupant shall provide a written notification of the hazardous substance pursuant to Health and Safety Code section 25359.7. Specifically, prior to the sale, lease, or rental of the Property or any portion thereof, the Owner or lessor shall give the buyer, lessee, or renter notice that 6 Final Execution Version 1 Document: 2002-404588 Page: PWl cHI Ufllt.,;!o! L;UPY a hazardous substance is located on or beneath the Property. Such written notice shall include a copy of this Covenant. 3.04 Incorporation into Deeds, Leases, or Rental Agreements. The Restrictions set forth herein shall be incorporated by reference in each and all deeds, leases, or rental agreements for any portion of the Property to which they are in effect and applicable. 3.05 Conveyance of Property. The Owner shall provide notice to the Department and R WQCB not later than thirty (30) days after any conveyance of any ownership interest in the Property (excluding mortgages, liens, and other non-possessory encumbrances). The Department and RWQCB shall not, by reason ofthis Covenant alone, have authority to approve, disapprove, or otherwise affect a conveyance, except as otherwise provided by law, by administrative order, or by a specific provision of this Covenant. ARTICLE IV RESTRICTIONS 4.01 Restrictions for Adiacent Monitoring Wells. The following Restrictions on use of the Property shall apply unless otherwise approved by both the Department and RWQCB as provided below: a. Monitoring Wells IOOIBC47S, IOOIMW47D, IOOIMW43D, and IOOIBC43S and associated monitoring or other related equipment shall not be altered, disturbed, or removed by the Owner or Occupant without the prior written approval of DON, the Department, and the RWQCB. 7 Final Execution Version Document: 2002-404588 Page 7 b These Restrictions are imposed upon, run with, and shall pass with the Property that contains each of the four monitoring wells as described in Legal Description A.I (Parcell-H-I5, Portion of Reuse Plan Disposition Site 28) and Legal Description A.2 (Parcel I-H-16, Portion of Reuse Plan Disposition site 28) in Exhibit A. c. Not later than thirty (30) days following the execution of a lease or rental agreement of any portion of the Property containing said wells or related equipment, the Owner shall notify DON, the Department, and RWQCB of the lease or rental agreement. 4.02 Covenant for Access by Department and_R WQCB. The Department and RWQCB, and other regulatory agencies that have jurisdiction, including any contractor or representative acting at the direction of any such aforementioned entity, shall have a reasonable right of entry and access to the Property from public roads across and through Parcel I-H-1 (as described in the legal description for Parcel I-H-1 attached to "Quitclaim Deed H and Environmental Restriction Pursuant to Civil Code Section 1471 "executed on May _' 2002 as Exhibit A thereot) for purposes of sampling, inspection, monitoring, maintenance, well closure, and other activities relating to Monitoring Wells IOOIBC47S, IOOIMW47D, IO01MW43D, and IO01BC43S and associated monitoring or other equipment consistent with the purposes of this Covenant. The Department and RWQCB shall give the Owner or Occupant reasonable prior written notice of such activities and make reasonable efforts to minimize interference with the ongoing use of the Property. 8 Final Execution Version 1 Document: 2002-404588 Pape: 8 ARTICLE V ENFORCEMENT 5.01 Enforcement. Failure of the Owner or Occupant to comply with any of the Restrictions specifically applicable to it shall be grounds for the Department or R WQCB to obtain injunctive relief prohibiting activities restricted by this Covenant. Actual or threatened violation ofthis Covenant may be prohibited or restrained, or the interest intended for protection by this Covenant may be enforced, by injunctive relief or any other remedy as provided by law. The court may award to the prevailing party in any action the costs of litigation, including reasonable attorney's fees. ARTICLE VI VARIANCE, TERMINATION AND RELEASE 6.01 Variance. The Owner, or with the Owner's consent, any Occupant, may apply to the Department and R WQCB for a written variance from the provisions of this Covenant. Any such application to the Department shall be made in accordance with Health and Safety Code section 25233. Any such application to the RWQCB shall be made to the Executive Officer. The Department and RWQCB will grant the variance only after finding that such a variance would be protective ofhwnan health, safety, and the environment. 6.02 Termination. The Owner, or with the Owner's consent, any Occupant, may apply to the Department and RWQCB for a termination of the Restrictions or other tern1S of this Covenant as they apply to all or any portion of the Property. Any such application to the Department shall be made in accordance with Health and Safety Code section 25234. Any such application to the RWQCB shall be made to the Executive 9 Final Execution Vitl'sion Document: 2002-404588 9 Officer, who shall grant the termination ifhe or she finds that the Restrictions are no longer necessary to protect present or future health or safety or the environment. The Executive Officer's determination may be appealed to the Regional Board. Any termination of the Restrictions or other terms of this Covenant shall be effective only if both the Department and RWQCB grant the termination. No termination of this Covemmt shall extinguish or modify any covenants, assurances, or right of access provided pursuant to CERCLA section 120(h)(3) in any deed by which the DON conveys the Property. 6.03 Modification of this Covenant. Notwithstanding any other provision of this Covenant, if all of the parties hereto or their assigns or successors in interest, as applicable, agree in writing in a legally recordable form to a modification of this covenant, such modification, upon recording, shall be in effect as if it were included in this original covenant. 6.04 Release. This Covenant shall continue in effect in perpetuity unless ended in accordance with the telmination paragraph above, by law, or by the Department and RWQCB under this paragraph 6.04. Upon the Department and RWQCB making a determination that any or all of the Restrictions on the use of the Property are no longer necessary to proteet present or future human health or safety or the environment, the Department and RWQCB shan promptly record a release tenninating this Covenant or the relevant Restriction. In making such a detennination, the Department and R WQCB shall make a finding that the circumstances that created the necessity for the restrictions have since been sufficiently investigated, removed, or altered in a manner that allows the 10 Final Execution Version 1 Document: 2002-404588 Page: 10 Department and RWQCB to determine there is no significant existing or potential hazard to present or future human health or safety or the environment. ARTICLE VII MISCELLANEOUS 7.01 No Dedication Intended. Nothing set forth in this Covenant shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Property, or any portion thereof to the general public or anyone else for any purpose whatsoever. 7.02 Recordation. The Covenantor shall record this Covenant, with Exhibi t A, in the County of Orange within ten (10) days of the Covenantor's receipt of a fully executed original. - 7.03 Notices. Whenever any person gives or serves any notice ("notice" as used here includes any demand or other communication with respect to this Covenant), each such notice shall be in writing and shall be deemed effective: (1) when delivered, if personally delivered to the person being served or to an officer of a corporate party being served, or (2) three (3) business days after deposit in the mail, if mailed by United States mail, postage paid, certified, return receipt requested: To Owner: United States Navy Naval Facilities Engineering Command Southwest Division 1220 Pacific Highway San Diego, CA 92120 Attention: Commanding Officer To Department: Department of Toxic Substances Control Southem Califomia Region 5796 Corporate Ave. Cypress, Califomia 90630 Attention: Chief, Southern California Operations Office of Military Facilities 11 Final Execution Version J Document: 2002-404588 11 Document: 2002-404588 Final Execution Version 2 1 proVlSlOl1S 7.08 Statuto References. Al statutory references include successor conditions of this Covenant and to execute and legally bind that party to this Covenant. this Covenant certifies that he or she IS fully authorized to enter into the terms and 7.07 Reuresentative Authorit The undersigned representative of each party to and interpretation of any of the provisions of this Covenant. included for convenience and reference only and shall be disregarded the construction 7.06 Section Headin s. The section headings set forth 111 this Covenant are ncorporated into this Covenant by reference 7.05 Exhibits All exhibits referenced this Covenant are deemed found invalid had not been included. surviving portions of this Covenant shall remain in full force and effect as if such portion herein is detenTIined by a court of competent jurisdiction to be invalid for any reason, the 7.04 P arti al Invalidi If any portion of the Restrictions or other term set forth to be sent by giving written Notice in compliance with this paragraph. Any party may change City Manager City of Tustin 300 Centennial Way Tustin, CA 92680 ts address or the individual to whose attention a Notice s To City: California Regional Santa Ana Region 3737 Main Street, Suite 500 Riverside, California 92501-3348 Attention: Executive Officer To RWQCB Water Quality Control Board Document: 2002-404588 Page 3 '-.Ivt""i IN WITNESS WHEREOF, the Palties execute this Covenant. Covenantor: acting by and through the By: Date: Substances Control By: Date: California Regional Water Quality Control Board, Santa Ana Region ............\ ~k;tL By: ~ - GER J. HIB .ULT Exec fficer Date {'- v (::)2- 0'- 13 Final Execution Version 1 .........,I-'J ST A TE OF CALIFORNIA ) ) COUNTY OF O{L ) On this c,nf day of , in the year J - ,-30G-L , before me _ ~ - ~lL b Lie , personally appeared "'""Jtrfff' f:::vyJAR N , perSlomJly kAown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is lare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/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. .......... IAN WITNESS my hand and official seal. 331 O~ z ;alifor z ?'. ~nty 1 ,\ov 19, CJ'9.fl.a.A.,..,{f)(9:1Ct i'L---- - Signature - - 14 Final Execution Version J Document: 2002-404588 Page 14 ,./ ./ } SIATE CF ~ }ss. axNl'Y' CF } On before me. - - - ~ appeared ~ --- known io me (or proved 10 me on 'the bosis of satisfl Y evidence) to be 1he person(s) wh n~) Is/are 10 the within Instrument end oclc dged to me that he/shetthe ecuted the some in ?her/their authOrized capoctty{les). at by his/her/ttlefr signoh.re{s) e Instrument "the pe or enttty upon behalf of which the perso $) octed. executed the Instrume WITNESS my ". /"''/ Si c,.-/' "",r"' I (I1W Clf-=rfl::wCll'nl::::lcll ~~ ..---....,,--....-...----...-I'--','r-------.-n.'.-T-------.----.-..-.-..--.----.----,., ~'..-.....- ...___'_~____~.___J GiC>~cX)DE:z~j:7------_..---------J-----_. , I certify under penalty ot perjuy that the Notary Seal on the document to W'hich thls statement is attaChed reods os follows: NAME OF THE NOTARY: ~iu:v ~/Af~ OAJE CQMM1SSION EXPIRES: .c:-_ COUNrf WHERE BONO IS RLED: COMMISSION NUMBER: :2. MANUFACTtJRER/VENOOR NUMBER: PlACE Of EXECUllON: 04\lE: s-/<-//?~ I .. SlGNAlURE: ############################################################ I certify under penatty of perjl.wy and the laws of the State of Calfomio that the legbe portion of document to which this statement Is attached reads as 1oIows:: --------'. .------ ~ ------"" /""../' /' ...-----"" - - /'/ Document: 2002-404588 Page: Document: 2002-404588 Page: CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT %<9<?~~-<:x'~~&'f;~~~-<:x'~~.{X:'~~~,<;;<'~M~~;&""M,<;;('~d~~~&<'.u~~"'''t~'''X''<':>-l ~ Slate of California } i' ~ County of O~b-e.- S5. ' ~ I,~ On _;) - \ 30.:J. , before me, W\hT~ l'-! DIAl" N. ~,.,I UQ... ~, Date \, otary Public') 1 ~ personally appeared W l L.L\ (+-vYl: ~ L. personally known to me ' I eVidence ' I' - ~, to be the persorl'{t) whose namal~Yis)are ~ subscribed to the wit~ instrume~ and ~ ~, acknowledged to m~a~~tbe/th, ey executed ~,I .~ the sam~ in ~her/their .-:.authorized ~ ~ ... ... _ capacity(k4s}, and that by ~her/their I' ~, ~ - - - - .. ~WllI1l! I s;gnature(s) on the instrument the person\1;), or ., ~ @ Commission' 12160423 the entity upon behalf of which the persor<<S) " I~, I', NotOlV Public. COIlfanla .. acted, executed the instrument. , I, ' ~ Orange County I' ~1 MyCO'nrr..~M::1yl6.2X13 " ~ i __ _ w .. ....--~~ .~ ~ - - - ....oJ " ~ ~ ~ i ".~"..^~~~ ~ :~ OPTIONAL ~ ~ 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 Attachec,t)Document -A tr: n. . Ii 1 n ,,' . I -jiJ) 2 Title or Type of Document: ~~ ~.~t:;:r v-...u-(; , " u 'f!U...",,, ~ \' . I~~ ~ Document Date: 1\J D~e , ' ._ Number of Pages: '__" ~ Signer(s) Other Than Named Above: ~t LA- ~ d ~ ~ Capacity(ies) Claimed by Signer ~ ~\:, 9lgner's Name ~~ g "lj.J Individual ~, ~, I [1 Corporate Officer - Title(s): \ ~ ~ LJ Partner - [] Limited U General k; ii'! :....; Attorney in Fact 6 <"I I I" ~ LJ Trustee I .Q! I _J Guardian or Conservator L 'i r I Other: '> t=::~=::~~~~=====~=~J @ 1997 National Notary Association' 9350 De Soto Ave,. P,O Box 2402 ' Chalsworth. CA 91313.2402 Prod, No, 5907 Reorder: Cali Toll-Free 1-800.876.6827 7 l'Jt ~:: Ulll!;';!i:;.l1 c.;UjJY PS OMAS Exhibit "A" Legal Description A.I Monitoring Locations and Areas Of Applicability of Wen Restrictions (Parcel I-H-15, Portion of Reuse Plan Disposition Site 28) ] 2 In the City of Tustin, County of Orange, State of California, being all those portions of 3 Lot 189, Block 62 of Irvine's Subdivisi0n as shown on map filed in Book 1 Page 88 of 4 Miscellaneous Record Maps, records of said County described as follows. 5 6 The following description is for Reference Purposes: 7 Beginning at the intersection of the northwesterly line of that certain easement for road 8 purposes shown as Parce12 as granted to the Irvine Company by Instrument No. 88-456310 9 recorded September 12, 1988, Official Records, records of said County, with the curved 10 westerly line of that certain easement conveyed to the Orange County Flood Control 11 District shown as Parcel F-10-101 recorded August 19, 1963 in Book 6681 Page 721 of 12 Official records, records of said Comity, being a curve concave to the west having a radius 13 I of 755.00 feet, a radial1ine to said intersection of said curve bears North 780 33' 32" East; 14 thence along the northwesterly line of said Instrument No. 88-456310 15 South 51013'17" West 126.74 feet; thence South 50049'06" West 101.70 feet; thence 16 South 49022'12" West 198.91 feet; thence South 42046'50" West 237.56 feet; thence 17 South 40008'47" West 103.43 feet; thence South 40002'01" West 336.20 feet; thence 18 South 41053'37" West 255.25 feet; thence South 47021'06" West 73.45 feet; thence leaving 19 said northwesterly line North 49019'54" West 33.32 feet; thence North 42046'59" East 20 140.37 feet; thence North 40043'10" East 78.13 feet to a point hereinafterreferred to as 21 "Point No.1"; thence continuing North 40043' 1 0" East 122.25 feet; thence 22 North 48052'43" East 41.82 feet; thence North 41041 '02" East 94.73 feet; thence 23 North 39049'21" East 107.74 feet; thence North 42015'52" East 411.12 feet; thence 24 North 45027'43" East 87.68 feet; thence North 48033'22" East 94.05 feet; thence Page 1 of2 M:\2TUS010500\survey\legals\legal-parcel_l_H.15.doc Last printed 5/6/02 2:36 PM Document: 2002-404588 Page: 18 'PSOMAS Exhibit "A" Legal Description A.I Monitoring,Locations and Areas I Of Applicability of Well Restrictions ! (Parcel I-H-15, Portion of Reuse Plan Disposition Site 28) ED North 56002'27" East 59.08 feet; thenceNorth 65011'02" East 73.27 feet; thence 2 I North 52054'57" East 133.83 feet to a point on said curved westerly line, a radial line of I 3 II said curve to said point bears North 78004'15" East; thence southerly along said curved 4 I westerly line 6.43 feet through a central angle of 0029' 17" to the point o{beginning. 5 6 Restriction Area No. 1 (Monitoring Wells 1001 BC 478 & 1001 MW 47D) 7 (parceII-H-15) 8 9 Beginning at said "Point No.1" thence North 49016'50" West 11.29 feet to the 0 True Point Of Beginning; thence South 44021 '36" West 16.00 feet; thence 11 I North 45038'24" West 13.00 feet; thence North 44021 '36" East 16.00 feet; thence I 12 I South 45038'24" East 13.00 feet to the True Point OF Beginning. 131 14 I Containing 208 sq. Ft., more or less. 15 16 I As shown on Artaclunent "A. 1 " attached hereto and by this reference made a part hereof. I 17 I 18 r Prepared under my supervision 19 ~ 20 II ~~ C c:;Q2 ?~4 =~ '< - . ( ~ - , 21 Walter A. Sheek P.L.S.4838 ate 22 E:x-pires: 9/30/04 I 23 / :c.?- 24 /' - Page 2 0[2 \ , I 1 M :\2TIJSO 1 0500\survey\legals\legal-parcel-I-H-15.doc , Last printed 5/6102 2:36 PM ....:: . . - " - Document: 2002-404588 Page: 19 MCAS- TUSTIN or REUSE PLAN DISPOSiTION SHE 28 SHeeT 1 OF 3 PSOMAS ~Il h1111l-. ....lJO Cca iii... CA 82m (7H)15l_mJ r..(1U}5oG-BJ Document: 2002-404588 Page: 20 SCAlf 1'-400' DRAFTED CliL CHECKED WAS DATE APRil., 2002 ..lOB REStRICTION AREA NO, (p ARCEL I-H-15, PORTION I f I \ N.39' 49'21 ,BLOcr\ 107,74' , N41'41'OZ"E \ LOT 94.7.3' N4S'52'43"E SEE DETAIL "8" 41,82'- SHEET 2 OF ;; N4~;~~9.! \ N40'43'10"[' 78.13' N4Z'4S'59"[, \ 140,37' l-- ~- N49'19'54~ P , 33.32' \ C.L MOFFET DRIVE FORMERLY VALENCIA AVENUE DETAIL' A' NO SCALE N5ZS4'S7"E 133.83' CITY OF TUSTIN I I i ,j , o . ~ ~ % ~Q ~ 1 ~ iI. " 3- -Ji ~ o 200' 400' I · I SCALE: 1 "E400' ~~~ ~:~, :;'CC ;> '<:' ... '0' \71/ " LOT S-47~2 \ '06;:;; 73.45' -186 (fJ CI: LlJ 1-.--. ---W lL a.R. LOT BLOO< R5B, -J6-5/3-J-38 I , I JFNJN.E'S SUBDJV)SigN JVJRJvJl7 88 \ 82~H023 I 13pJ-J~2 \ I 1'3 /Ie' '"TO F~~S~ RSB, N42'15'52"E 411.\Z' N02'54'57"E 1.33,63' N65'11'02"E 7'3,Z7' N56'OZ'27"E 59.0S' - N48' 33'2Z"E ,94,05' "w 82 S4O'08'47~# 103.43' -j 88 z ~~ <(2 0<( I o ------ ~ ~ Dl~286 ~~ 27oJ34~44 ~ OT 72 ......, ::r <u'o<OI): ~l?~t9 PARCEL Fl0-1 ~ ~"''>j -4fh.... 12 O.R, 6581/7, ~~'80' '.c:: , " , E DETAIL "/ ';; RS 07--JO-]-5 BOTTOM LEFT LO-r ~E: lfj CC g 0 ~ -g: ~/~ 8':36"_ ATIACHMENT "A.r Rf3TRIGllON AREA NO. 1 Of" REU%E PLAN MCAS- TUSTIN DISPOSI1l0N SITE 28) SHEET 2; OF 3 PSOMAS )ll7llrd lU Aw:.w. ... "" c.ll 11,,"- a. 1M {7'l"}~-73>> Fn(114~~ ~ 25 q I I SCALE: 1 "-25' DETAIL '8" SEE DETAIL 'C' (SHT. 3 OF 3) RE8TR!Cll0N AREA NO. w ~ ? ~ g J .J. , .,. f ~ f j; ii :> t 5 ::- ~ ~. :i 8 ~ 'SCALE AS SI1011W ~ DRAFTED CHL ~ CHECKED WAS .; OA if APRIL. 2002 ] ~~aEft 2TUS010:;QQ ;g Document: 2002-404588 Page: 2 1" <1:>. ""0 -- q N<1:> "'- ... z ~ ..... NO . 0 co . ,..,,,., \0- ... :z ~ -", - ,..,0 - 0 Ntti :.,-- ... '" 208 SQ. FT. WEU 1001 WELL IDOl ;.., <d .... .WI 2lr;:":;;;;CiW COPY" l-'-' .... NO "ccC: l'l..-; MONITORING WELL ~- RESTRICTION AREA NO.1 (PARCEL I-H-15) ATTACHMEr - o z r5 ~ z o 5 ~~ ~~ ?' o. ~?4 -- ",- ... z '", N N N "A.1" ci z t.5 ~ z o ;::: (,) jj;: .... 1I1 W "" cri ci n: OISPOSl"OON SITE 25) SHSl:T 3 OF 3 PSOMAS 3!81lWmA~ SOlolSQ ec.tGllMo.tI.!UfZl tn4)1SI-7Jn l'..{7l(l~ MCAS- TUSTIN (PARea I-H-1S. POR"OOIl OF REUSE: PLAN o ~ GRAPHIC SCALE 1':;5 SCALE AS SHOWN ~ g DRAFTED. CHL - ;~ CHECKED WAS :;;. DATE APRIL. 2002 =-1 0 Joe 1 NUMBER :2.nJS~10S00 I Document: 2002-404588 Page 5 2.5 ~ "~ 5 10 -/ !\lUl dl VI Ivldl vUt-1y A IT ACHMENT" A.r N49'16'~O~Y:L --'--11.29' WELL 100 MW 470 . - 0 119 WELL 1001 Be 47$ DETAIL "e" RESTRICTION AREA NO.1 PS OMAS Exhibit "A" Legal Description A.2 Monitoring Locations and Areas Of Applicability of Well Restrictions (Parcel I-H-I6, Portion of Reuse Plan Disposition Site 28) 2 In the City of Tustin, County of Orange, State of California, being all those portions of Lot 3 189, Block 62 of Irvine's Subdivision as shown on map filed in Book 1 Page 88 of 4 Miscellaneous Record Maps, records of said County described as follows. 5 6 The following description is for Reference Purposes: "'f Beginning at the intersection of the northwesterly line of that certain easement for road f 8 purposes shown as Parcel 2 as granted to the Irvine Company by Instrument No. 88-456310 9 recorded September 12, 1988, Official Records, records of said County, with the curved 0 westetly line of that certain easement conveyed to the Orange County Flood Control 1 District shown as Parcel F-10-101 recorded August 19, 1963 in Book 6681 Page 721 of 12 Official records, records of said County, being a curve concave to the west having a radius 13 of755.00 feet, a radial line to said intersection of said curve bears North 780 33' 32" East; 14 thence along the northwesterly line of said Instrument No. 88-456310 15 South 51013'17" West 126.74 feet; thence South 50049'06" West 101.70 feet; thence 16 ;1 South 49022'12" West 198.91 feet; thence South 42046'50" West 237.56 feet; thence iI 17 II South 40008'47" West 103.43 feet; thence South 40002'01" West 336.20 feet; thence 18 : South 41053'37" West 255.25 feet; thence South 47021'06" West 73.45 feet; t'!Jence leaving 19 said northwesterly line North 49019'54" West 33.32 feet; thence North 42046'59" East 20 140.37 feet; thence North 40043'10" East 200.38 feet; thence North 48052'43" East 21 41.82 feet; thence North 41041'02" East 94.73 feet; thence North 39049'21" East 22 107.74 feet; thence North 42015'52" East 247.94 feet to a point hereinafter referred to as 23 "Point No 2"; thence continuing North 42015'52" East 163.18 feet; thence 24 North 45027'43" East 87.68 feet; thence North 48033'22" East 94.05 feet; thence Page 1 of2 M:\2TUSO! 0500lsurvey\legals\legal-parcel_l-H-16.doc Lllst printed 5/6/02 2;38 PM Document: 2002-404588 Page 23 PSOMAS Exhibit" A" i Legal Description A.2 I Monitoring Locations and Areas II II Of Applicability of Well Restrictions (Parcel I-H-16, Portion of Reuse Plan Disposition Site 28) I North 56002'27" East 59.08 feet; thence North 65011 '02" East 73.27 feet; thence 2 North 52054'57" East 133.83 feet to a point on said curved westerly line, a radial line of 3 said curve to said point bears North 78004' 15" East; thence southerly along said curved 4 westerly line 6;43 feet through a central angle of 0029' 17" to the point ofbegihning. 5 6 Restriction Area No.2 (Monitoring Wells 1001 Be 435 & 1001 MW 43D) 7 (ParceII-H-16) 8 Beginning at said "Point No.2"; thence North 47044'08" West 90.09 feet to the 9 True Point Of Beginning; thence South 8501 T 13" West 13.00 feet; thence 10 North 4042'47" West 13.00 feet; thence North 85017' 13" East 13.00 feet; thence 11 South 4042'47" East 13.00 feet to the True Point Of Beginning 12 13 Containing 169 sq. ft., more or less. 14 15 As shown on Attachment "A.2" attached hereto and by this reference made a part hereof. 16 17 18 Prepared under my supervision 19 20 21 UdL. c. <QJ: 4~ C; -r--/id~ 22 Walter A. Sheek P.L.S.4838 Date 23 Expires: 9/30/04 24 Page 2 of2 ~, M:\21 JSOl 0500\survey\legals\legai-pnrcel )-H-j6,doc Last pJinled 516102 2:38 PM f DAT& S ~~'-Dtl I. . I Document: 2002-404588 PSO m1IlolHl_ Soh'" e..u w-. Co\. llU2S (714)1$-1.m F.lil(71.)~ Document: 2002-404588 PaS18 SCAlE ,".-400' DRAfTED CHl CHECKED WAS DA 1E APRJt. 2002 JOB NUMBtR Z'TUS01o.s00 25 MCAS- TUSTIN PARCEl I-H-1S, POR110N Of REliSE PLAN OlSPOSITION $liE 2ll) StEET 1 OF 3 MAS ~ "- ~ ~ 1l ~ DESCRIPTION: RES1RICTIOIl AREA NO, DETAIL "A' NO SCALE N52'S4'57"E 133.83' CITY OF TUSTIN - \' --,-- '~C.l MOFFET DRIVE FORMERLY VALENCIA AVENUE LO-r '186 c g ~ d ~- S51'13'17"W- - 126.74' !"49'OS"W 101.70' 22' 12"W -Jt:)8 /8.91' S4Z'46'50"W Z 237,56' 0....1 POINT NO, 2 >-W zZ S40'08'47"W <{Z 103.43' O<{ "w 82 I 0 " & '1'<(: ~. '" "00. ~ 200' 400' o . I I , SCALE: '".4-00 8LOO<: 48 LO-r 1'3 RS RS.8. &>,1: <).0) ;-"<::><s'V,;, <'f-r:! I/O::.' ,/.~-"~ , 02-:-J023 -J3 f) ;-J~ 2 I I ! SEE DETAil "8" SHEET 2 OF 3 N39'49'Z' \BLOC}<: 107.740' \ LOT . N42'1 41 N40' 43'lO"E 200.38' N42'4S'S9"E 140.37' (f) a: t!:! Lu a.. _________ i P M O-J~ 2 Db -~ \ PJvJB 276/34~-44 ~ ~ '" I 0-( 7? ~ ~ ~D~ ~ ~<o'o ~QIJ::-. ~ <os';f....."17 \ ~!'/)J -4V-€: PARCEL F10-101~. ~~ . r- -' 7? O.R. 6681/721 , LJ j ~. ; SEE DETAIL "A" RS OJ ~-JO-J5 \ BOTTOM LEFT J R5B. -j8{j/3-J~30\ JRVJNE'5 SUBDJVJSJON .::: ".,.~ JVJmvr':JI B B \ ATTACHMENT "A.2" N52'54'57"E 133.83' N6S'll'02'E 73.27' N5S'OZ'27"E 59.0S' - N4S'33'22"E 94,05' lfj a:: o Q !!} '5l: <'0 ~Ict: ~ MCAS- TUSTIN OF REUS" PLAN OIS?05l1lON Sin;: 28) SHEET 2 OF 3 PSOMA ~:JJ hi.. J.,.'IImJr. s.il.lSO _1_ {J!<)1l11- 1\..>ICH v...:;.:y SEE DEl' AIL 'C' (SKT. 3 OF 3) RESTRICTION AREA NO.2 -:/ MONITORING WELL RESTR!CTlON AREA NO (PARCEL I-H-16) 169 SQ. FT. i" ,..,. ,0 ....0 -...; tn- '" (fl N g I~ % o i= .U ~pC ;;:!?i ,..:'" ~ ,..; ~ N WELL WELL 1001 1001 Be 4JS ldW 430 w n. ,0 ....0 -..-i ro- O) z ATrACHMENT "A.2" ?' lij", ~~ ~o /..'" ..,. '" N g Document: 2002-404588 Page: 27 11 - RESTRICTION AREA NO.2 ~ 5 2.5 0 5 , ~ GRAPHIC SCALE: 1 '=5' <:9 WELL 1001 Be 435 WELL 1001 MW 43D <:9 ATTACHMENT "A.2" N4 T 44'OS"W 90.09' _~_.J'!!!"_____---- 10 " ;g ~ '" '" ~ 2: ~ .a j ii' ii [ <5 ~ /" ::i ~ .", 8 ;g ;; 0: