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HomeMy WebLinkAboutDEED - PARCEL 7 (FEDERAL GOVT TO TUSD - W/ ENVIR RESTRICTIONS) THIS PAGE ADDED TO PROVIDE ADEQUA TE SPACE FOR RECORDING INFORMA nON (ADDITIONAL RECORDING FEE APPLIES) This office is exempt from filing fees under Government THIS INSTRUMENT FILED FDA AEClIRD BY FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION OHLY IT HAS NOT BEEM EXAMINED AS TO ITS EXECUTIOIl OR AS TO ITS EFFECT UPOM 'HE TITLE. Code 6103. No Tax Due per Code 11922 )uitclaim Deed and Environmental Restriction THIS SPACE FOR RECORDERS USE ONLY ~ORDJNG REQUESTED BY: / FIRST AMERICAN TITLE INSURANCE CO. ACCOMODA TION RECORDING WHEN RECORDED MAIL TO: TUSTIN UNIFIED SCHOOL DISTRICT 300 South "C" Street Tustin, CA92780 1IIIalllllllllll NO FEE 2003000306478 01 :57pm 03/21/03 11315 Q01 33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Recorded In OffIcial Records, County of Orange Tom Daly, Clerk-Recorder This Document was electronically recorded by First American Title_B 804. /4 RESTRICTION This DEED is made this '3 dday oh- , 2003, between the UNITED STATES OF AMERICA, acting through the Secretary of Education, by David B. Hakola, Director, Federal Real Property Assistance Program, Office of Management, ( "GRANTOR" ) pursuant to !',i203 (k) of the Federal Property and Administrative Services Act of 1949, as amended ("Act") , Public Law No. 81-152, 63 Stat. 377 40 D.S.C. !':i471etseq., the Department of Education Organization Act of 1979, Public Law No. 96-88, 93 Stat. 668, 20 D.S.C. ~3401 et seq., and the Tustin Unified School District, a tax supported public school district of the State of California, having its principal offices at 300 South "C" Street, Tustin, California (IlGRANTEE") . I. RECITALS l. lett,e:c dated Decetnber 9, 2002 fl.:om the t:>f the Navy, Naval Facilities Engineering Command, Southwest Division, San Diego, California, certain Federal surplus real property located in the County of Orange, State of California, known as Parcel 7 and being a portion of the former Marine Corps Air Station Tustin California and consisting of approximately 10 acres of land and improvements more or less "Property" was assigned to GRANTOR for disposal upon the recommendation of GRANTOR that the Property is needed for educational purposes in accordance with the provisions of the Act. 2. GRANTEE has made a firm offer to purchase the Property under the provisions of the Act, has applied for a public benefit allowancel and proposes to use the Property for certain educational purposes as detailed in its December 131 1993 applicationl as supplemented and amended on February 281 19941 December 71 2000 and June 26, 2001 (together "Application") . 3. The Department of the Navy, Naval Facilities Engineering Command has notified GRANTOR that no objection will be interposed to the transfer of the Property to GRANTEE at 100 per cent public benefit allowance, and GRANTOR has accepted the offer of GRANTEE II. AGREEMENT 4. GRANTOR, in considexation of the , one dollar, the performance by the GRANTEE of the covenants, conditions, and restrictions hereinafter contained and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to the GRANTEE, its successors and assigns all right title interest claim and 2 demand reserving such rights as may arise from the operation of the conditions subsequent, restrictions and covenants of this Deed, which the UNITED STATES OF AMERICA has in and to the Property, which is more particularly described in Exhibit IIAIl, attached hereto and made a part hereof, 5 . GRANTEE by acceptance of this Quitclaim Deed agrees that the Property is transferred on an lias is, where isll basis without warranties of any kind either expressed or implied. GRANTEE further agrees that this conveyance is subject to any and all existing easements, rights of way, reservations, and servitudes, whether of record or not. III. CONDITIONS SUBSEQUENT 6. GRANTEE shall HAVE AND HOLD the Property, subject, however, to each of the following conditions subsequent, which are for the sole benefit of the UNITED STATES OF AMERICA and which shall be; bitlding UpCJlJ. and e:nforoeable against GP~~TEE, its successors and assigns as follows: 1 For a period of thirty (30) years from the date of this Deed, the Property will be used solely and continuously for educational purposes in accordance with the proposed program and plan of 3 GRANTEE set forth in its Application and for no other purposes. GRANTOR reserves the right to enter and inspect the Property during said period 2) During the above period of thirty (30) years GRANTEE will not sell, resell, lease, rent, mortgage, encumber, or otherwise transfer any interest in any part of the Property except as GRANTOR may authorize in advance in writing. 3) One year from the date of this Deed and biennially (even years) thereafter for the period of thirty (30) years, unless GRANTOR directs otherwise, GRANTEE will file with GRANTOR a report on the operation and maintenance of the Property and will furnish, as requested by GRANTOR, such other pertinent information evidencing its continuous use of the as 0'1/ CCJ/lditio!l subsequent number 1. 4) During the above period of thirty (30) years GRANTEE will at all times be and remain a tax supported institution or a nonprofit institution, organization or association exempt from taxation 4 under ~501\c 3 of the Internal Revenue Code of 1954, as amended. 5) For the period during which the Property is used for the purpose for which Federal assistance is hereby extended by GRANTOR or for another purpose involving the provision of similar services or benefits, GRANTEE hereby agrees that it will comply with the requirements of (a) Title VI of the Civil Rights Act of 1964 (P.L. No. 88-35.2) , 42 D.S.C. ~2000d et seq. i (b) Title IX of the Education Amendments of 1972 (P.L. No. 92-318) , 20 U.S.C. ~1681 et seq.i (C) ~504 of the Rehabilitation Act of 1973 (P.L. No. 93-112) , 29 U.S.C. ~794 et seq.; and all requirements imposed by or pursuant to the Regulations (34 C.F.R. Parts 12, lOa, 104 and 106) issued pursuant to the Act and now in effect, to the end that, in accordance with said Acts and Regulations, no person in the United States shall, on the ground of race, color national origin, sex, or handicap, be excluded from participation in, be denied the benefits of 5 or otherwise be subjected to discrimination under the program and plan referred to in condition subsequent number 1 above or under any other program or activity of the GRANTEE, its successors and assigns, to which such Acts and Regulations apply by reason of this conveyance. 7 The failure of GRANTOR to insist in anyone or more instances upon complete performance of the conditions subsequent terms, or covenants of this Deed shall not be construed as a waiver of, or a relinquishment of GRANTOR's right to the future performance of any of those conditions subsequent, terms and covenants and the GRANTEE's obligations with respect to such future performance shall continue in full force and effect. 8. In the event of a breach of any of the conditions subsequent, whether caused by the legal or other inability of GRANTEE, its EJ.uc'cess!)z"S at1d assig'1'lS J to any of the teIftlS and conditions of this Deed, at the option of the UNITED STATES OF AMERICA, all right, title and interest in and to the Property shall, upon the recording by the UNITED STATES OF AMERICA of a Notice of Entry, pass to and become the property of the UNITED STATES OF AMERICA which shall have an immediate right to entry 6 thereon, and the GRANTEE its successors and assigns shall forfeit all right, title and interest in and to the Property and in and to any and all of the tenements, hereditaments, and appurtenances thereto. 9. In the event the GRANTOR fails to exercise its options to reenter the Property or to revert title thereto for any breach of conditions subsequent numbered 1, 2, 3, and 4 of Paragraph 6 of this Deed within thirty one (31 ) years from the date of this conveyance, conditions subsequent numbered 1, 2, 3, and 4 of said Paragraph 6, together with all rights to reenter and revert title for breach of those conditions, will, as of that date, terminate and be extinguished. 10. The expiration of conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed and the right to reenter and revert title for breach thereof, will not affect the obligation of CTUINTEE , its successo~s and , with to condition subsequent 5 of Paragraph 6 or the right reserved to GRANTOR to reenter and revert title for breach of condition subsequent 5. IV. COVENANTS 11. GRANTEE by the acceptance of this Deed, covenants and agrees for itself its successors and assigns that in the event 7 GRANTOR exercises its option to revert all right title and interest in and to the Property to GRANTOR, or GRANTEE voluntarily returns title to the Property in lieu of a reverter the GRANTEE shall provide protection to and maintenance of the Property at all times until such time as the title to the Property or possession of the Property, whichever occurs later in time, is actually reverted or returned to and accepted by GRANTOR. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in FPMR 101-47.4913 (41 C.F.R. Part 101-47.4913) now in effect, a copy of which is referenced in the GRANTEE's Application. 12. GRANTEE, by the acceptance of this Deed, covenants that, at all times during the period that title to the Property is vested in GRANTEE, its transferees or assigns, subject to conditions subsequent I, 2, 3, and 4 of Paragraph 6 of this Deed, it will comply with all provisions of the following with respect to the Property: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. ~4321 et seg., including the preparation of environmental impact statements, as required (See 42 U.S.C ~4332 the National Historic Preservation Act of 1966. as 8 amended P.L No 89-665 Executive Order No 11988 44 Fed Reg. 43239 (1979 reprinted in 42 U.B.C.A. ~4321 app at 188-189 (1987) , governing floodplain management; Executive Order No. 11990, 42 Fed. Reg. 26961 (1977) , reprinted in 42 U.B.C.A. ~4321 app. at 197-198 (1987) , governing protection of wetlands; Federal Property Management Regulations, 41 C.F.R. 101-47.304-13; 41 C.F.R. 101-47.200 et seq., 53 Fed. Reg. 29892 (1988) , provisions relating to asbestos; and other appropriate guidelines, laws, regulations or executive orders, federal, state or local, pertaining to floodplains, wetlands or the future use of this Property. 13. GRANTEE, by acceptance of this Deed, covenants and agrees for itself, its successors and assigns, and every successor in interest to the Property herein conveyed or any part thereof that it will comply with the requirements of (a) Title VI of the Ci'vil Rights Act of 1964 (.P. L. No. 88-352) , 42 U.S.C. ~2000d et seq.; (b) Title IX of the Education Amendments of 1972 (P.L. No. 92-318) , 20 U.S.C. ~1681 et ~.; Section 504 of the Rehabilitation Act of 1973 (P.L. No. 93-112) , 29 U.S.C. ~794 et seq. ; and all requirements imposed by or pursuant to the Regulations 34 C.F.R Parts 12 100 104 and 106 issued 9 pursuant to the Act and now in effect to the end that in accordance with said Acts and Regulations, no person in the United States shall, on the ground of race, color, national origin, sex, or handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under the program and plan referred to in condition subsequent 1 above or under any other program or activity of the GRANTEE, its successors and assigns, to which such Acts and Regulations apply by reason of this conveyance. This covenant shall attach to and run with the land for so long as the Property is used for a purpose for which Federal assistance is hereby extended by GRANTOR or for another purpose involving the provision of similar services or benefits, and shall in any event, and without regard to technical classifications or designation, legal or otherwise, be binding to the fullest extent tted by law and equity, for the benefit of, in favor of and enforceable by GRANTOR against GRANTEE, its successors and assigns, for the Property, or any part thereof. In the event of a breach of this covenant by GRANTEE or by its successors or assigns, GRANTOR, may, in addition to any right or remedy set forth in this agreement, avail itself of any remedy 10 authorized by the violated statute or regulation 14. In the event title to the Property or any part thereof is reverted to the UNITED STATES OF AMERICA for noncompliance or is voluntarily reconveyed in lieu of reverter, GRANTEE, its successors or assigns, shall at the option of GRANTOR, be responsible for and be required to reimburse the UNITED STATES OF AMERICA for the decreased value thereof that is not the result of reasonable wear and tear, an act of God, or alternations and conversions made by the GRANTEE and approved by the GRANTOR, to adapt the Property to the educational use for which the Property was transferred. GRANTEE shall, in addition thereto, reimburse GRANTOR for damage it may sustain as a result of such noncompliance, including but not limited to costs incurred to recover title to or possession of the Property. 15. GRANTEE may seek abrogation of the conditions subsequent 1 2, 3, and 4 of Pa.z:'agxaph 6 of this Deed by: a Obtaining the advance written consent of the GRANTOR; and b Payment to the UNITED STATES OF AMERICA of a sum of money equal to the fair market value of the property to be released from the conditions 11 subsequent as of the effective date of the abrogation: ( 1) multiplied by the percentage public benefit allowance granted at the time of conveyance, (2) divided by 360, and (3 ) multiplied by the number of months, or any portion thereof, of the remaining period of restrictions to be abrogated. 16 GRANTEE, by acceptance of this Deed, further covenants and agrees for itself, its successors and assigns, that in the event the Property or any part or interest thereof is at any time within the period of thirty (30) years from the date of this conveyance sold, leased, mortgaged, encumbered or otherwise disposed of or used for purposes other than those designated in condition subsequent 1 above without the prior written consent of GF..F1NTOR, all re\J'e.n,ues :r'ec~ei\l'ecl t11el:.:"ef2"'b'rn ztl'ldttlS :t~'easor:.table value, as determined by GRANTOR, of any other benefits to GRANTEE deriving directly or indirectly from such sale, lease, mortgage encumbrance, disposal or use, shall be considered to have been received and held in trust by GRANTEE for the UNITED STATES OF AMERICA and shall be subject to the direction and control of 12 GRANTOR; but the provisions of this paragraph shall not impair or affect the rights reserved to GRANTOR under any other provision of this Deed. 17. GRANTEE, by the acceptance of this Deed, further covenants and agrees for itself, its successors and assigns, that at all times during the period that title to the Property is vested in GRANTEE subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed, GRANTEE shall at its sole cost and expense keep and maintain the Property and the improvements thereon, including all buildings, structures and equipment at any time situate upon the Property, in good order, condition and repair, and free from any waste whatsoever. 18. GRANTEE, by the acceptance of this Deed, further covenants and agrees for itself, its successors and assigns, that at all times during that period that it holds title to the Property subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed, it shall not engage in, authorize, permit or suffer the extraction or production of any minerals from the Property without the prior written consent of GRANTOR GRANTEE, by the acceptance of this Deed, further covenants and agrees for itself its successors and assigns that should an 13 extraction or production of minerals including but not limited to oil, gas, coal, and sulfur on or under the described Property . occur during that period that it holds title to the Property subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed (I) it will hold all payments, bonuses, delayed rentals, or royalties in trust for GRANTOR and ( ii) that all net revenues and proceeds resulting from the extraction or production of any minerals including, but not limited to, oil, gas, coal or sulfur, by GRANTEE, its successors and assigns, will be held in trust for and promptly paid to GRANTOR. The listing of certain minerals shall not cause the doctrine of eiusdem qeneris to apply. Nothing herein shall be construed as authorizing the GRANTEE to engage in the extraction or production of minerals in, on or under the Property. 19. GRANTEE, by acceptance of this Deed, covenants that, upon the by thE', UNITED STATES OF M>lERICJ:'l. of a Notioe of Entry pursuant to Paragraph 8 above, all right, title and interest in and to the Property shall pass to and become the property of the UNITED STATES OF AMERICA, which shall have an immediate right to enter thereon, and the GRANTEE, its successors and assigns, shall immediately and quietly quit possession 14 thereof and forfeit all right title and interest in and to the Property and in any and all of the tenements, hereditaments, and appurtenances thereunto belonging, conveying all right, title and interest conveyed to it in this Deed except for encumbrances authorized and approved by the GRANTOR in writing as provided in condition subsequent 2 of Paragraph 6 of this Deed. 20. If the GRANTEE, its successors or assigns, shall cause the Property and/or any improvements thereon to be insured against loss, damage or destruction, or if the GRANTOR requires such insurance while the Property is subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed, and any such loss, damage or destruction shall occur during the period GRANTEE holds title to the Property subject to conditions subsequent 1, 2, 3, and 4 set forth in Paragraph 6 of this Deed, said insurance and all moneys payable to GRANTEE, its successors or assigns, shall be held in trust by the GRANTEE, i ts ~3UCCeSS():C'f3 or assigns, and shall be promptly used by GRANTEE for the purpose of repairing and restoring the Property to its former condition or replacing it with equivalent or more suitable facilities; or, if not so used, shall be paid over to the Treasurer of the United States in an amount equal to the unamortized public benefit 15 allowance of Property multiplied by the current fair market value of the improvements lost, damaged or destroyed. If the Property is located in a floodplain, GRANTEE will, during the period it holds title subject to conditions subsequent 1, 2, 3, and 4 of Paragraph 6 of this Deed insure the Property and any machinery, equipment, fixtures, and furnishings contained therein against loss, damage, or destruction from flood, to the maximum limit of coverage made available with respect to the Property under ~102 of the Flood Disaster Protection Act of 1973 (P.L. No. 93-234) . Proceeds of such insurance will be used as set forth above. 21- GRANTEE further covenants to pay damages for any time period held over beyond the time period stated in a demand to quit possession of the Property at the fair market rental value plus reasonable attorneys fees and costs of the GRANTOR in securing the return of the Property. 22. G.RAI:i]~rOl:Z:r:2t:)tf{:~T1a:rl 1:: s fOI'C he fit of the Ori.liliTEE, its successors and assigns, that any response action or corrective action found to be necessary after the date of this Deed shall be conducted by the United States; provided, however, that the foregoing covenant shall not apply with respect to any release or threat of release caused by the GRANTEE or its successors and 16 assigns 23 In connection with GRANTOR's covenant made in Paragraph 22, GRANTEE agrees on behalf of itself, its successors and assigns, as a covenant running with the land, that the United States of America, the United States Environmental Protection Agency, the California Department of Toxic Substances Control, the Regional Water Quality Control Board, their officers, agents, employees, contractors and subcontractors shall have the right, upon reasonable notice to GRANTEE, to enter upon the Property in any case in which a response or corrective action is found to be necessary at such property after the date of this Deed, or such access is necessary to carry out a response action or corrective action on adjoining property. Neither GRANTEE, nor its successors and assigns, shall have any claim on account of such entries against the United States, the California Department of Toxic Substances CC>l1i.t:col, the Regional t'iate:r Qual Contrc)l Board or any of their officers, agents, employees, contractors or subcontractors. 24. The right to enter described in Paragraph 23 shall include the right to conduct tests, investigations and surveys including where necessary drilling testpitting boring and 17 other similar activities. Such right shall also include the right to construct, operate, maintain or undertake any other remedial or corrective action as required or necessary including, but not limited to, monitoring wells, pumping wells, treatment facilities, associated utilities, and the operation thereof. In exercising these rights of access, except in case of imminent and substantial endangerment to human health or the environment, the GRANTOR shall (1) give the GRANTEE, or its successors and assigns, reasonable notice of any action to be taken related to such remedial or corrective activities or actions on the Property, and (2 ) make reasonable efforts to minimize damage to any structures on the Property and otherwise minimize interference with the on-going use and enjoyment of the Property 25. In connection with GRANTOR's action described in Paragraph 22, GRANTEE agrees on behalf of itself, its successors and , as a CCivenant running with th,,~ l\''1nd, to comply with the provisions of any health or safety plan in effect during the course of any such action. 26. GRANTEE covenants, on behalf of itself, its successors and assigns, as covenant running with the land, that it will prohibit occupancy or use of Buildings A Band C or portions 18 thereof prior to abatement of lead based paint hazards therein or demolition. GRANTEE, its successors and assigns, shall be responsible for complying with all applicable federal, state and local regulations relating to lead based paint. 27. GRANTEE covenants, on behalf of itself, its successors and assigns, as covenant running with the land, that it will conduct post demolition sampling of the soil, and conduct any required lead based paint abatement prior to occupancy of any newly constructed buildings. 28. GRANTE is hereby informed and does hereby acknowledge that asbestos or asbestos-containing material ( II ACM" ) exists in Buildings Band C and are presumed to exist in Building A on the Property. GRANTEE hereby acknowledges receipt of copies of reports of asbestos surveys performed by GRANTOR. 29. GRANTEE covenants, on behalf of itself, its successors and assigns, as a covenant :runnillg with the land, that it will prohibit occupancy or use of Buildings Band C, or portions thereof, prior to performing an asbestos survey and abating any asbestos or ACM hazards found to exist. In connection with its use and occupancy of the Property, including but not limit to, demolition of buildings and structures in which asbestos or ACM 19 have been found or are presumed to exist GRANTEE will comply with all applicable federal, state and local laws relating to asbestos and ACM. 30. 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. 31. GRANTEE is hereby informed and does hereby acknowledge that, in the event the Property is considered for proposed acquisition and/or construction of school properties utilizing state funding, an environmental review process will need to be conducted in compliance with the California Education Code Sec. 17210 et seq., and subject to approval by the of ~roxic Substances Control (School Property Evaluation and Cleanup Division) , as described in the Finding of Suitability to Transfer ("FOST") . 32. Whehever this Deed makes reference to a particular department or agency of the State of California or the United 20 States of America, that reference shall be understood to include successor departments or agencies. 33. GRANTEE acknowledges that it has received a copy of the FOST and all documents referenced therein. 34. Pursuant to Section 330 of Public Law 102-484, the United States of America will indemnify and hold harmless the GRANTEE from future financial liability arising from the presence of any environmental contamination that may be found on the subject Property due to past Department of Defense use to the extent authorized by said section and public law. Nothing in this Deed shall be interpreted to require obligations or payments by the United States in violation of the Anti-Deficiency Act. 35. All covenants, conditions subsequent and restrictions contained in this Deed shall run with the land and be binding upon GRANTEE, its successors and assigns, to all or any part of the Property. All rights and powers reserved to GRANTOR by the Deed may be exercised by any successor in function to GRANTOR, and all references to GRANTOR shall include its successor in function. All covenants and conditions subsequent contained herein are for the sole benefit of GRANTOR and may be modified or 21 abrogated by it as provided in the Act V. SIGNATURES TO INDICATE THEIR AGREEMENT to the provisions contained in this agreement, GRANTOR and GRANTEE have executed this document as the date and year first above written. UNITED STATES OF AMERICA Acting by and through the Secretary of Education By,GJPUlf David B. Hakola, Director Federal Real Property Assistance Program Office of Management U.S. Department of Education Washington, D.C. GRANTOR ACKNOWLEDGMENT FAIRFAX COUNTY ) COMMONWEALTH OF VIRGINIA) On this~~day of tJv "") 2i> 'r\ ~h. , 2003, personally appeared before me, a Notary Public in and for the Commonwealth of 22 Virginia, David B. Hakala, Director, Federal Real Property Assistance Program, Office of Management, United States Department of Education, acting for the United States of America and the Secretary of Education, known to me to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same on the date hereof as his free and voluntary act and deed for the purposes and consideration therein expressed and with full authority and as the free act and deed of the United States of America and the Secretary of Education. IN WITNESS WHEREOF, I have set my hand and seal at Fairfax County, Virginia, this '3o~day of Ju...'I"' ,2003. tJ\~--_._-_._--_._--;::-~ ~ - Notary Public My Commission Expires: U<~, <:.. ~\) 0(,. GRANTEE ACCEPTANCE The GRANTEE hereby accepts this Quitclaim Deed and accepts and agrees to all the terms, covenants, conditions subsequent and restrictions contained therein. Tustin Unified School District GRANTEE: By: f ~<-~ Peter C. Gorman Superintendent 23 GRANTEE ACKNOWLEDGMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On this lJ- day of H tvyoh , 2003 personally appeared before me, a Notary Public in and for the State of California, Peter c. Gorman, Superintendent, Tustin Unified School District, to me known to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same on the date hereof as his free and voluntary act and deed for the purposes and consideration therein expressed and with full authority and as the free act and deed of the Board of Trustees of the Tustin Unified School District. ;;L IN WITNESS ~EREOFh I have set my hand and seal on this _ day of C(,YC _, 2003. ~'2UtLS~ ik&,'~".~'ft .~. ttt. ./iI:iI&.. otary Public .~ wlIGNm O'''..liIb.# WJrB11 My Commission Expires ~.~..Q:JIIbla ~~ ~jJ310lf il.\t0:mn.~1oI..Vta.~ ~ 24 PS OMAS I Legal Description I ! Exhibit "A" Parcel 7 2 In the City of Tustin and the City of Irvine, County of Orange, State of California, being 3 those portions of Block 10 of Irvine's Subdivision as shown on the map filed in Book 1, 4 Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 5 31 through 39 inclusive of Records of Surveys, both of the records of said County, 6 described as follows: 7 8 For the purpose of this description the following Control lines are hereby established: 9 10 Control line "A" 11 12 Beginning at the intersection of the centerline of Red Hill A venue with the centerline of I 13 Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue 14 between Valencia Avenue and Warner Avenue Bears South 40037'39" West for the 15 purpose of this Description; thence Somh 49020'07" East 106.23 to the beginning of a 16 curve concave southwesterly having a radius of 1400.04 feet; thence southeasterly along 17 said curve 134.49 feet through a central angle of 5030'14"; thence South 43049' 53" East 18 101.77 feet to the beginning of a curve concave northeasterly having a radius of ! 19 1400.04 feet; thence southeasterly and easterly along said curve an arc distance of 20 103.54 feet through a central angle of 40 14 '15" to a point hereinafter to be referred to as 21 Point "A"; thence continuing along said curve an arc distance of 30.86 feet through a 22 ! central an~le of 1015'46"; thence South 49019'54" East 586.96 feetto the beginning of a 23 curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly and 24 easterly along said curve 733.69 feet through a central angle of 30001 '33"; thence 25 South 79021 '27" East 261.71 feet to a point hereinafter to be referred to as Point "8"; 26 thence continuing South 79021 '27" East 48.28 feet; thence North 15038'31" East Page 1 of 5 f:\surveys\2tusOI0200\repons\legal-parcel 7.ooc 11103100 10;01 AM JP. .". " PSOMAS Legal Description Exhibit "A" Parcel 7 I 159.80 feet to the beginning of a curve concave westerly having a radius of 600.02 feet; 2 thence northerly along said curve 116.30 feet through a central angle of 11006'21 "; thence 3 North 4032' 10" East 747.07 feet to the beginning of a curve concave southeasterly having a 4 radius of 250.01 feet; thence northerly and northeasterly along said curve 157.51 feet I 5 through a central angle of 36Q05'52"; thence North 40038'02" East 667.92 feet to the 6 beginning of a non-tangent curve concave southwesterly having a radius of 1850.05 feet, a 7 radial line to said beginning bears South 38026'27" West; thence southeasterly along said 8 curve 152.39 feet through a central angle of 4043'10" to a point 246.81 feet southeasterly 9 measured at right angles from the southeasterly line of the map filed in Book 64, Page39 of :0 Parcel Maps, Records of said County, as said line is established on said Record of Survey, 11 and 554.74 feet, measured at right angles, from the centerline of Edinger Avenue as shown 12 on said Record of Survey. . 13 14 Control line "B" 15 -- 16 Beginning at the hereinbefore described Point "A"; thence North 40040'06" East 17 739.01 feet to a point that is 445.49 feet southeasterly, measured at right angles, from the 18 centerline of said Red Hill Avenue between Valencia Avenue and Santa Fe Drive, and 19 604.41 feet southwesterly of the southwesterly line of said Parcel Map as established on 20 said Record of Survey 21 22 Parcel 7 23 24 Beginning at the hereinbefore described point "B"; thence leaving said Control line "An '25 North 10038'33" East 52.00 feet to a line that is parallel with and 52.00 feet northeasterly 26 of said control line "An; thence along said parallel line North 79021'27" West 50.00 feet to 27 the beginning of a curve concave northerly having a radius of 42.00 feet; thence, leaving 28 said parallel line, westerly and northwesterly along said curve 10.38 feet through a central Page 2 of5 (:\o;urveys\2tusOl0200\rcpol'tS\leglll-p:.U'Cel 7.doc 11103/00 10:01 AM PSOMAS Legal Description Exhibit "A" Parcel 7 angle of 14009'13"; thence North 65012'14" West 36.66 feet to the beginning of a curve 2 concave southerly having a radius of 58.00 feet; thence northwesterly and westerly along 3 said curve 14.33 feet through a central angle of 14009'13" to a line that is parallel with and 4 64.00 feet northerly of said control line "A"; thence along said parallel line North 5 79021'27" West 60.00 feet to the beginning of a curve concave southerly having a radius of 6 58.00 feet; thence, leaving said parallel line, westerly along said curve 14.33 feet through a 7 central angle of 14009'13"; thence South 86029'20" West 36.66 feet to the beginning of a 8 curve concave northerly having a radius of 42.00 feet; thence westerly along said curve 9 10.38 feet through a central angle of 14009' 13 "to a line that is parallel with and 52.00 feet 0 northerly of said control line "A"; thence along said parallel line North 79021'27" West II 31.70 feet to the beginning of a curve concave northerly having a radius of 1348.04 feet, 12 being concentric with and 52.00 feet northerly of said control line "A"; thence along said , . 13 concentric curve westerly 86.17 feet through a central angle of 3039'45"; thence 14 North 75041'42" West 50.82 feet; thence North 30041'42" West 24.04 feet; thence 15 North 73031 '26" West 46.10 feet; thence South 64004'33" West 24.04 feet to the beginning 16 of a non-tangent curve concave northerly having a radius of 1038.68 feet a radial line to 17 said beginning bears South 19004'33" West; thence westerly and northwesterly along said 18 curve 99.00 feetthrough a central angle of 5027'40" to the beginning of a compound curve 19 concave northeasterly having a radius of 1353.04 feet, a radial line to said beginning bears 20 South 24032'13" West. said compound curve being concentric with and 47.00 feet 21 northeasterly of said control line "A"; thence northwesterly along said curve 380,94 feet 22 through a central angle of 16007'53" to a line that is parallel with and 47.00 feet 23 northeasterly of said control line "A"; thence along said parallel line North 49019'54" West 24 313.79 feet to the beginning of a curve concave northeasterly having a radius of 3092.59 25 feet; thence, leaving said parallel line, northwesterly along said curve 124.26 feet through a 26 central angle of 2018'08" to the beginning of a reverse curve concave southwesterly having 27 a radius of 3108.59 feet, a radial line to said beginning bears North 42058'14" East; thence 28 northwesterly along said curve 124.83 feet through a central angle of 20 18'03 thence Page 3 of5 C:\surveys\2lusOI0200\repOlU\leglll-pa.n:e17.doc 11/03/0010:01 AM PSOMAS Legal Description Exhibit "A" Parcel 7 North 04022'}3" West 35.33 feet to a line that is parallel with and 30.00 feet southeasterly 2 of said control line "B"; thence along said parallel line North 40040'06" East 237.97 feet; 3 thence leaving said parallel line North 85040'05" East 21.21 feet to a line that is parallel 4 with and 45.00 feet southeasterly of said control line "B"; thence along said parallel line 5 North 40040'06" East 61.66 feet; thence, leaving said parallel line, North 04019'54" West 6 21.21 feet to a line that is parallel with and 30.00 feet southeasterly from said control line 7 "B"; thence along said parallel line North 40040'06" East 264.58 feet to the beginning of a 8 curve, concave southeasterly having a radius of 90.00 feet; thence northeasterly and 9 easterly along said curve 46.48 feet through a central angle of 29035'30" to the beginning 10 of a reverse curve concave southwesterly having a radius of 48.00 feet, a radial line to said II beginning bears South 19044'24" East, being the True Point of Beginning; thence 12 easterly, northeasterly, northerly, northwesterly, westerly, southwesterly and southerly 13 along said curve 200.38 feet through a central angle of 239011'01" to the beginning of a 14 reverse curve, concave southerly having a radius of 90.00 feet, a radial line to said 15 beginning bears North 78055'25" West; thence southerly along said curve 9.73 feet through 16 a central angle of 6011'39" to a point of cusp; thence North 49019'54" West 343.08 feetto a 17 line that is parallel with and 65.00 feet southwesterly from the centerline of said Red Hill 18 Avenue; thence along said parallel line North 40038'29" East 105.73 feet; thence leaving 19 said parallel line North 49021'31" West 5.00 feet to a line that is parallel with and 60.00 20 feet southwesterly of the centerline of said Red Hill A venue; thence along said parallel line 21 North 40038'29" East 413.21 feet to a point on the southwesterly line of a document 22 recorded January 26, 1943, in Book 1180, Page 12 of Official Records, of said County; 23 thence along southwesterly, southeasterly and northeasterly lines of said document the 24 following three (3) courses: 25 (1) South 49021'28" East 50.00 feet; (2) North 40038'29" East 30.00 27 (3) North 49021'28" West 50.00 feet to a line that is parallel with and 60.00 feet 28 southeasterly of the centerline of said Red Hill A venue; thence, leaving said northeasterly Page 4 of 5 f:\survcys\2tusOI0200\repons\legaJ-plln::cl7.doc 1lI03fOO 10:01 AM PSOMAS Legal Description Exhibit "A" Parcel 7 line, along said parallel line North 40038'29" East 37.73 feet to a point on the southwesterly 2 line of the map filed in Book 64, Page 39, of Parcel Maps in the office of said County 3 Recorder, as said line is established on said Record of Survey; thence along said 4 southwesterly line South 49021 '28" East 683.77 feet; thence leaving said southwesterly 5 line South 39056'05" West 348.08 feet; thence South 49051 '23" East 39.01 feet; thence 6 South 41002'42" West 282.51 feet; thence North 48057' 18" West 297.87 feet to the Tree 7 Point of Beginning. 8 9 0 Containing 435,071 Square feet 110 acres, more or less 11 12 As shown on Exhibit "B" attached hereto and by this reference made a part hereof. ; 13 14 Prepared under my supervision: 15 16 /)1JJAC~ /1-/5'-rJO 17 Walter A. Sheek, P.L.S.4838 Dale 18 19 20 Page 5 of 5 f:\surveys\2tusOl0200\leports'Jegal-parcel7.doc 11103100 10:01 AM MCAS- TUSTIN CON>4:YANCE PARCEL / / RS 07-oJOI6 I f /IR_.800C. o L.200.J8. /0 I 4>-239011.0'- ~ \ i \ PARCEL 7 . \ ~ \ \ a: '- 0 ~) b W, ,n,.. "',- 2 Z "' NOT TO SCAlE ./ - ................ _/ o --- w '" LOT 68 .J N,0039'lS-E . 554074' / / -- of.i-~~ 0' c.y..~)/ \ vsY::/ LOT PARCEL la-4-8 NOT 1\ PART EXHIBIT B l' ., ,/ ,/ ,/ I' I I N~O'~O'06-E 237.97" - N40'40'OS"E SEE SHEET - - DESCRIPTION: PUllUC BENEl'lT CONVEYANCE PARCfl fJ&T2 OFa - - MCAS- TUSTIN PSOMAS JlI1 W HI 4.... lioIo'" _-,CAtlB (n~lSI-)m ,,,(114)_ n u... o L:i w J: Vl w w Vl CONTROL I i I ! l.1) .,--, o .,--, 1 ~ Q Uj [( Uj l..Ll :z: > [( ~ ..c., cC ~ ~ / "0 g~~ - . w 1ii ~ Vl '-' i' c. o <( '" " 4: .. W Z .....J .....J o ~ o o 0, ,... ...; .., ;: .... Itl 0, 0, ... z .+]' 10 en .0 co lt1 W ':". lt1 a. 0, ... Vl ca U~ ['( cc: o [d Ul cc: C\.1 .,--, ------ o CD ....... ....... 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