HomeMy WebLinkAboutDEED - PARCELS II-H-10, II-H-11, 10B-1, AND 10C (NAVY TO CITY)
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IllICCRDNI REaUISftD fIf
fIRST AMERICAN Tln:a COMPANY
IUIDMIIONDlPMTMEN1' First American Title C
CITY OF TUSTIN OFFICIAL BUSINESS N4769206RP06P45
REQUEST DOCUMENT TO BE RECORD8Kor ed in Official Records, Orange County
"Mn Iy, Clerk-Recorder
AND TO BE EXEMPT FROM RECORDING
FEES PER GOVERNMENT CODE 6103 111111~111111n1111~111111111111~1111111~lnlllllll~ NO FEE
2006000606384 08:00am 09/12/06
This Document was electronically recorded by
Recording requested by and
when recorded mail to:
1132 Q0162
0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00
City Manager
The City of Tustin
300 Centennial Way
Tustin, CA 92780
Space Above This Line Reserved for Recorder's Use
QUITCLAIM DEED FOR PARCELS II-H-10, II-H-11, lOB-I, AND 10C
AND ENVIRONMENTAL RESTRICTION
PURSUANT TO CIVIL CODE SECTION 1471
15L\
This DEED is made this ~ day of Sep~ 2006, by the UNITED
STATES OF AMERICA, acting by and through the Department of the Navy, (the
"GRANTOR" or "COVENANTOR") 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
GRANJ'EE 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 ("FOST") 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
4818-0178-8160,2
and 10C
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-H-10, II-H-ll, 10B-1
Page 2
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: and
E. Pursuant to California Civil Code S1471, GRANTOR has determined that it is
reasonably necessary to impose certain restrictions on the use of the Property (as defined herein)
to protect present and future human health or safety or the environment as a result of the
presence of hazardous materials on portions of the Property, Accordingly, the GRANTOR has
entered into a separately recorded Covenant to Restrict Use of Property & Environmental
Restriction ("Covenant") I with t~e ~alifornia Department of SubstancJ Control ("Department")
as a covenantee dated ,....J '" v, e..L-~ 2006 and recorded on ",J 1.4. L'1 2Q 2006, and the Regional
Water Quality Control Board Santa Ana Region ("RWQCB") as a'covenantee dated r-I"1.I... I '"s
2006 and recorded on ..JIA I ""1~006, that sets forth such restrictions \
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 12 acres, more or less (hereinafter "Property"), as more
particularly described as Parcels II-H-lO, II-H-ll, lOB-I, and lOC in Exhibit "A" and by this
reference made a part hereof.
title and interest in and to:
improvements
and any other
on the
remainders,
Issues
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
conveyance of the Property subject to all
rights-of-way, reservations, rights, agreements,
2.1 The GRANTEE accepts
covenants, conditions, restrictions, easements,
and encumbrances of record.
and an Environmental Baseline Survey
FOST and EBS reference environmental
this Deed. GRANTEE
that it is aware of the
subject to
the FOST
been completed
the FOST. The
and on other property not
of the EBS and
s right
roadways
reversIOns
Property,
1.2 All hereditaments and tenements therein and
profits, privileges and other rights belonging or related thereto,
gas, oil
All rights to minerals
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1
copIes
A FOST has
referenced in
Property
it has received
of GRANTOR
facilities
the
that
2.2
report is
on
acknowledges
TOGETHER WITH all
buildings
All
1.1
("EBS")
conditions
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4818-0178-8160,2
lOB-I, and IOC
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-H-IO, II-H-ll,
to
therein have been made available
Page 3
notifications therein; and that all documents referenced
GRANTEE for inspection and copying
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
And Covenants
2.4.1 Notices: Hazardous Substance Notification. Pursuant to 42 D.S.C. S
9620(h)(3)(A), and the provisions of 40 C.F.R. Part 373, the GRANTOR hereby gives notice that
hazardous substances were stored for one year or more, released or disposed of on the Property.
The information contained in this notice is required by regulations promulgated under Section
120(h) of the Comprehensive Environmental Response, Liability, and Compensation Act
(CERCLA or "Superfund"), 42 D.S.C. S 9620(h). The Grantor has made a complete search of its
files and records concerning the Property. Based on that search, the type and quantity of such
hazardous substances, the time at which such storage, release or disposal took place, to the extent
such information is available, and a description of the remedial action taken, if any, is contained
in Exhibit "B'
of Covenant [CERCLA 42 V.S.C. Section 9620(h)(3)(A)
and warrants that all remedial action necessary to protect
to any hazardous substance remaining on the Property
(ii)(I) ]
human
2.4.2 Grant
The GRANTOR covenants
health and the environment with respect
has been taken before the date of transfer.
2.4.3 Additional Remediation Obligation [CERCLA 42 V.S.C. Section
9620(h)(3)(A)(ii)(II)]. The GRANTOR covenants and warrants that GRANTOR shall conduct
any additional remedial action found to be necessary after the date of transfer for any hazardous
substance existing on the Property prior to the date of this Deed. This covenant shall not apply
to the extent that the GRANTEE caused or contributed to any release or threatened release of any
hazardous substance, pollutant, or contaminant.
2.4.4 Access [CERCLA 42 V.S.C. Section 9620(h)(3)(A)(iii)]. In connection
with GRANTOR's covenant in 2.4.2 above and in connection with ongoing remediation on
GRANTOR's property adjacent to the Property, GRANTEE agrees that GRANTOR, or its,
agents, shall have the right, upon reasonable notice to GRANTEE, to enter upon the Property in
any case in which a response action, or corrective action is found to be necessary at such
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CERCLA Notices
2.4
8-0178-8160,2
48
lOB-I,
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-H-IO, II-H-ll,
Page 4
and IOC
property after the date of this deed, or such access is necessary to carry out a response action, or
corrective action on adjoining property, GRANTEE shall not have any claim on account of such
entries against :he GRANTOR or any of its agents. In exercising its right of access, except in
case of imminent and substantial endangerment to human health or the environment, the
GRANTOR (l) shall give the GRANTEE reasonable notice of any action to be taken related to
such remedial or corrective actions on the Property, and (2) make reasonable efforts to minimize
interference with the ongoing use of the Property. Furthermore, the GRANTOR and GRANTEE
agree to cooperate in good faith to minimize any conflict between the necessary environmental
investigation and remediation activities and use of the Property by the GRANTEE, its successors
and assigns. Any inspection, survey, investigation or other response, corrective or remedial
action undertaken by GRANTOR will, to the maximum extent practical, be coordinated with
representatives designated by the GRANTEE.
2.5 Covenant Pertaining to Operable Unit 3: Pursuant to California Civil
Code S1471, and in order to protect and effectuate an environmental remedy implemented on
portions of the Property by the GRANTOR pursuant to CERCLA, GRANTEE covenants and
agrees on behalf of itself, and its successors and assigns, as a covenant running with the land, to
comply with ce11ain institutional controls and restrictions set forth herein at paragraphs 2.5.1
through 2.5,16 of this Deed. GRANTEE, and its successors and assigns, are expressly bound
hereby for the benefit of GRANTOR, the Department and the RWQCB as the covenantees. The
land affected by this covenant shall be the Property, which is subject to the institutional controls
and other restrictions associated with Operable Unit 3 ("OU-3"). The aforementioned
institutional controls and other restrictions associated therewith are set forth in the Covenant,
which is attached as Exhibit "C," and such restrictions are made a part of this deed as set forth
below. in this paragraph 2.5, as follows
2,5.1 The OU-3 Property be used for a residence, a hospital for
humans, a school for persons under 21 years age, a day care facility for children, unless
otherwise approved by both the Department and the RWQCB as provided in the Covenant.
shall not
of
2.5.2 There shall be no land disturbing activity, including but not limited to, any
activity that may disturb or otherwise affect the integrity of the containment wall and channel
bed's structural integrity, construction of facilities, structures, appurtenances or irrigation,
landscaping, groundwater extraction, or installation of wells of any kind, on the surface of the
OU-3 Property unless prior review and written approval are obtained from the Department,
RWQCB, and other regulatory agencies that have jurisdiction over the proposed activity, except
as provided in subparagraph 2.5.3 below. There shall be no excavations within the OU-3
Property prior to taking any necessary measures to locate the depth of the High-Density
Polyethylene (HDPE) liner to verify that excavation will not damage the HDPE liner.
2.5.3 No prior review and written approval of Department, RWQCB, or other
regulatory agencies that have jurisdiction over the proposed activity are required for shallow
excavation to a depth not greater than 5 feet below the ground surface or to the HDPE liner,
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60.2
4818-0178-8
and IOC
lOB-I,
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-H-IO, II-H-ll,
Page 5
whichever is closer to the ground surface, so long as the verification of the HDPE liner location
required under subparagraph 2.5.2 above has been conducted. If the HDPE liner or waste is
encountered in the course of any excavation, the excavation shall be stopped immediately and
the Covenantor, Department, RWQCB, and other regulatory agencies that have jurisdiction over
the activity shall be notified by the party responsible for the excavation
2.5.4 There shall be no irrigation, landscaping, or planting activities within the
Property prior to submittal of an irrigation and landscaping plan to, and prior review and written
approval by the Department, RWQCB, and other regulatory agencies that have jurisdiction over
the proposed activity in order to ensure that such activities do not jeopardize the integrity and
performance of the containment remedy
No groundwater shall be extracted and no new groundwater wells shall be
OU-3 Property without prior review and written approval from the
and other regulatory agencies that have jurisdiction over the proposed
2.5.5
within the
RWQCB
2.5.6 The French drain system, sumps, monitoring wells, landfill gas monitoring
probes (LFGPs), survey monuments, signs describing use restrictions, fencing, or monitoring
equipment within the area of the containment remedy shall not be removed or damaged without
prior review and written approval of the Department, RWQCB, and other regulatory agencies
that have jurisdiction over the proposed activity.
2.5,7 Monitoring Wells 1001BC49S, 1001MW52S, 1001MW52D,
1001MW50D, 1001BC50S, 1001MW53D, 1001MW53S, and LFGPs 1001LFGP1, 1001LFGP2,
1001LFGP3, and sumps Nand S, and any other associated monitoring equipment, described in
Exhibit "D," required during the post-ROD phase before or after the conveyance shall not be
altered, disturbed, or removed without the prior review and written approval of the Covenantor,
Department, and RWQCB, and other regulatory agencies that have jurisdiction over the activity.
2.5.8 Easement The Covenantor has granted a perpetual easement to the
Orange County Flood Control District (OCFCD) through the OU-3 Property for the construction,
installation, maintenance, operation, and repair of Peters Canyon Channel (OCFCD 1963). In
general, this easement allows improvements (including widening, deepening, and concreting) to
the channel by the OCFCD at no cost to the Covenantor or the Owner (as defined in the
Covenant), provided that the improvements are in accordance with plans approved by the
Covenantor and the Owner and that the OCFCD replaces, to the satisfaction of the Covenantor
and the Owner, any of the Covenantor or Owner's improvements to the OU-3 Property that may
be damaged. There shall be no improvements effecting Peters Canyon Channel, including
widening, deepening, and concreting, without the prior approval of a plan by the Covenantor and
the GRANTEE, its successors and assigns, during their ownership of the OU-3 Property. The
language contained in the easement grant serves as part of the remedy for OU-3. The
Covenantor and the GRANTEE, its successors and assigns, agree not to approve any work
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installed
Department,
activity.
8-0178-8160,2
48
lOB-I,
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-H-I0, II-H-11,
Page 6
and 10C
written
the
without
the Covenant
of
terms
the
pertaining to the easement that could violate
concurrence of the Department and RWQCB
2.5.9 Easement The Irvine Company (subsequently assigned to the
GRANTEE) has a perpetual easement for the construction, operation, maintenance, repair, and
replacement of a portion of Jamboree Road (that crosses the OU-3 Property). As that portion of
Jamboree Road is included in this deed that transfers the OU-3 Property to the GRANTEE, the
easement will be extinguished. The GRANTEE, its successors and assigns, shall not repair,
replace, or otherwise disturb the concrete surface of Jamboree Road, within the boundaries of the
OU-3 Covenant Parcel, without the prior approval of a plan by the Covenantor. This language
was contained in the easement grant as part of the remedy for OU-3. The GRANTEE, its
successors and assigns agree not to conduct any work that could violate the terms of the
Covenant without the written concurrence of the Department and RWQCB
2.5.10 The GRANTEE, its successors and assigns, during their ownership of the
OU-3 Property must comply with all terms and conditions relating to land-use restrictions set
forth in the OU-3 Record of DecisionlRemedial Action Plan (RODIRAP), as encompassed in the
Covenant.
their ownership of the
restrictions and access
its successors and assigns, during
future owners of all land use
subsequent
2.5.11 The GRANTEE,
OU-3 Property must notify
provisions set forth herein
2.5.12 The GRANTEE, its successors and assigns, during their ownership of the
OU-3 Property must notify the Covenantor, Department, RWQCB, and other regulatory agencies
that have jurisdiction over the OU-3 Property during the post-ROD phase before or after the
of any transfer or lease of all or any portion of the OU-3 Property by the
its successors and assigns, not later than 30 days after any such conveyance
conveyance
GRANTEE,
2.5.13 The GRANTEE, its successors and assigns, during their ownership of the
OU-3 Property, must comply with the requirement that the owner(s) to whom the Property or any
portion thereof is conveyed shall submit an annual report that certifies compliance with the land
use restrictions as set forth in Section 7.03 of the Covenant. The Covenantor shall evaluate the
implementation and performance of the land-use restrictions during the 5-year review of the OU-
3 remedial action as required by Section 121(c) of CERCLA. The GRANTEE, its successors
and assigns' performance of the annual reporting requirement under the Covenant shall not affect
Covenantor's obligations to meet its responsibilities under federal and state laws and regulations.
The performance of the annual reporting requirement under the Covenant by the GRANTEE, its
successors and assigns' shall not be deemed to contribute to a release or threatened release of
hazardous substances or petroleum products under federal and state laws or
conflict with the obligations of the GRANTEE, its successors and assigns the
land use restrictions set forth in the Covenant and this Deed
and regulations
to comply with
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8-0178-8160.2
48
and IOC
lOB-I,
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS I1-H-IO, I1-H-ll,
Page 7
2.5.14 The GRANTEE, its successors and assigns, during their ownership of the
OU-3 Property must allow 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, a reasonable right of entry and access to the OU-3 Property, for purposes
of sampling, inspection, monitoring, maintenance, well closure, and other activities relating to
ensuring the integrity of the remedy, consistent with the purposes of the Covenant.
its successors and assigns, during their ownership of the
tenus and conditions relating to land use restrictions set
GRANTEE,
with all
Deed.
2.5.15 The
OU-3 Property must comply
forth in the Covenant and this
the
with
and shall
run with
imposed upon
2.5.16 These Restrictions are
Property subject to this Deed,
pass
2.6 Modification In the event that any of the restrictive covenants, as
recorded in this Deed and Covenant, are no longer necessary to protect human health and the
environment, a modification can be implemented if all of the Parties agree in writing in a legally
recordable form. Such modification, upon recording, shall be in effect as if it were included in
this Deed and the original Covenant. The signatories shall assess whether any proposed
modification is consistent with the protection of present or future human health or safety or the
environment.
2.7 Termination: The GRANTEE, its successors and assigns, or with
consent from the then owner of the Property, any Occupant, may apply to the Department and
RWQCB for a termination of one or more of the restrictions in the deed and Covenant as they
apply to all or any portion of the Property. Any such application must be made in accordance
with the terms set forth in the Covenant. Any termination of the restrictions or other terms of the
Covenant shall be effective only if both the Department and RWQCB grant the termination. No
termination of the Covenant 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 Covenantor
conveys the Property.
2.8 Non-Discrimination. GRANTEE covenants for
assigns, that it will comply with all applicable provisions of the Civil Rights
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.
and
section
itself, its successors
Act
of 1964
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8-0178-8160,2
48
lOB-I,
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS I1-H-IO, I1-H-ll,
and IOC
2.9 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
Page 8
3. THE CONDITIONS, RESTRICTIONS, RESERVATIONS, 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 1471 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)
City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Manager
to the City:
If
Christine Shingleton
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, California 92780
Esq
N.W.
Office West
20036
Director
BRAC Program Management
1455 Frazee Road, Suite 900
San Diego, CA 92108
of this
are attached hereto and made a part
The following exhibits
s. EXHIBITS
Quitclaim Deed:
1
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George R. Schlossberg,
Kutak. Rock LLP
1101 Connecticut Avenue,
Suite 1000
Washington,
With a copy to
DC
to Government:
If
8-0178-8160,2
48
and IOC
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-H-IO, II-H-ll. lOB-I,
Restriction
Legal Description and Plats of Property
Hazardous Substances Notification
Covenant to Restrict Use of Property & Environmental
Monitoring Well Locations
[Signature Page Follows]
"A"
"B"
"e"
"D"
Exhibit
Exhibit
Exhibit
Exhibi
5.1
5,2
5.3
5.4.
8-0178-8160.2
Page 9
48
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and IOC
lOB-I,
MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-H-IO, II-H-ll,
Page 10
these
IN WITNESS WHEREOF, the GRANTOR has caused its name to be signed to
presents by an authorized Real Estate Contracting Officer on the day first above written
UNITED STATES OF AMERICA,
acting by and through the Department of the Navy,
Chri pher E. Haskett
RealiEstate Contracting Officer
BRAC Program Manager Office West
By:
- ~,. 0 6
Dated
this
this
ACKNOWLEDGEMENT OF GRANTEE'S COVENANTS
TO INDICATE ACCEPTANCE of its covenants and agreements contained in
Quitclaim Deed and receipt of the documents described herein. GRANTEE has executed
document on the date written below
By:
Dated:
y
~lfvf.
31 Attest.:
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34 ~
3~amela Stoker
36 City Clerk
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Approved as t.o Form:
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8-0]78-8160,2
48
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
SS
State of California III
)
County of Orange
City of Tustin
Public
"
tember 5. 2006 before me,-= Maria R. Huizar
Date Name and Title of Officer (i.e,
OnSe
personally appeared
William A. Huston
Name(s) of Document Signer(s)
C2J personally kno~n to me (or)
D proved to me on the basis of satisfactory evidence
and acknowledged to me
by his signature on the
acted, executed the
to be the person whose name is subscribed to the within instrument
that he executed the same in his authorized capacity, and that
the person, or the entity upon behalf of which the person
instrument
instrument.
seal
WITNESS my hand and official
m
CIl
:;
MARIA R. HUIZAR
COMM, #1460756
Notary Public.callfornla
ORANGE COUNTY
My COnll'll. Exp. Jan 6, 2008
'1f.4/~' t:.-th1 <'A-r
Signature of Notary
(Affix seal in the above blank space)
OPTIONAL
is not required by law, it may prove valuable to persons relying on the document and could prevent
and reattachment of this form to another document.
Though the information below
fraudulent removal
uitc1aim Deed for Parcels II-H-I L lOB-Land IOC
Number of Page:
Description of Attached Document
Title or Type of Document
Document Date: _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Top ofThumb
here
o General
Individual
Corporate Officer
Titles(s): _
Partner - 0 Limited
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
o
o
o
o
o
o
o
o
Top ofThumb
here
o General
Individual
Corporate Officer
Titles(s): _
Partner. 0 Limited
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
o
o
o
o
o
o
o
o
Representing:
IS
Signer
Representing:
IS
Signer
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO
WHICH THIS STATEMENT I~TTACHED READS AS FOLLOWS:
NAME OF NOTARY: Maria R, Huizar
DATE COMMISSION EXPIRES: Ian 6, 2008
COUNTY WHERE BOND IS FILED: Orange
COMMISSION NUMBER: 1460756
MANUF ACTURER/VENDOR NUMBER: ESIl
PLACE OF EXECUTION: Santa Ana, CA
DATED: September 11,2006
0fu
SIGNATURE:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l ss.
County of .
On
personally appeared
o personally known to me
proved to me on the basis of satisfactory evidence
be the person{~ whose name~) is/are subscribed
to the within instrument and acknowledged to me that
he/sRelHley executed the same in hisLb.e.rLthelc
authorized capacity(ies}, and that by his/he#tAeir
signature(s} on the instrument the person.(.s), or the
entity upon behalf of which the person(s} acted,
executed the instrument.
i
WITNEf.. S. /my hang and offici~~al
I' ,
,
I
Place Notary Seal Above
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 Attached Document
Title or Type of Document ("
Document Date:
- Title(s)
o General
.~
OJ
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer
o Partner - 0 Limited
o Attorney in Fact
Trustee
o Guardian or Conservator
o Other
Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Signer(s)
- Title(s)
o General
Corporate Officer
Partner - 0 Limited
.'
OJ
Top of thumb here
Attorney in Fact
Trustee
Guardian or Conservator
Other:
o
[]
o
Signer Is Representing:
Signer Is Representing:
-800-876-6827
Reorder: Call Toll-Free
Item No. 5907
Chatsworth, CA 91313-2402
P.O. Box 2402
9350 De Soto Ave
@ 2004 National Notary Association
GOVERNMENT CODE 27361.7
I CERTIFY UNTIER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO
WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: Kim Mari David
DATE COMMISSION EXPIRES: Oct 16,2008
COUNTY WHERE BOND IS FILED: Orange
COMMISSION NlTMBER: 1519846
MANUFACTURER/VENDOR NUMBER: NNAl
PLACE OF EXECUTION: Santa Ana, CA
DATED: September 11, 2006
SIGNATURE:
EXHIBIT A
LEGAL DESCRIPTIONS
AND
PLATS OF PROPERTY
EXHIBIT A
PARCEL II-H-10
...
PS OMAS
Legal Description
Exhibit "A"
ParcelII-H-lO
(Portion of Reuse Plan Disposition Site 28;
portion of Carve-Out 10)
In the City of Tustin, County of Orange, State of California, being all that portion of
2 Lot 189, Block 62 of Irvine's Subdivision as shown on map filed in Book ,1 Page 88 of
3 Miscellaneous Record Maps, records of said County described as follows.
4
5 Beginning at the intersection of the northwesterly line of that certain easement for road
6 purposes shown as Parcel 2 as granted to the Irvine Company by Instrument No. 88-456310
7 recorded September 12, 1988, Official Records, records of said County, with the curved
8 westerly line ofthat certain easement conveyed to the Orange County Flood Control
9 District shown as Parcel F -10-101 recorded August 19, 1963 in Book 6681 Page 721 of
10 Ofiicial records, records of said County, being a curve concave to the west having a radius
Il of755.00 feet, a radial line to said intersection of said curve bears North 780 33' 27" East;
12 thence along the northwesterly line of said Instrument No. 88-456310 South 51013'17"
13 West 126.74 feet; thence South 50049'06" West 101.70 feet; thence South 49022'12" West
14 198.91 feet; thence South 42046'50" West 237.56 feet; thence South 40008'47" West
15 103.43 feet; thence
16 South 40002'01" West 336.20 feet; thence South 41053'37" West 255.25 feet; thence
17 South 47021'06" West 73.45 feet; thence leaving said northwesterly line
l~ North 49019'54" West 33.32 feet; thence North 42046'59" East 140.37 feet; thence
19 North 40043'10" East 200.38 feet; thence North 48052'43" East 41.82 feet; thence
20 North 41041'02''East 94.73 feet; thence North 39049'21" East 107.74 feet; thence
21 North 42015'52" East 411.12 feet; thence North 45027'43" East 87.68 feet; thence
22 North 48033'22" East 94.05 feet; thence North 56002'27" East 59.08 feet; thence
Page 1 of2
M:\2TU~;O I 0500\survey\legals\legaJ.parceUI-ll-1 a.doc 4/27/02 8:44 AM
PSOMAS
Legal Description
Exhibit "A"
Parcel n-H-IO
(Portion of Reuse Plan Disposition Site 28;
portion of Carve-Out 10)
1 North 65011'02" East 73.27 feet; thence North 52054'57" East 133.83 feet to a point on said
2 curved westerly line, a radial line of said curVe to said point bears North 78004 , 15''East;
3 thence southerly along said curved westerly line 6.43 feet through a central angle of 00 29'
4 17" to the point of beginning.
5
6 Containing 0.99 acres, more or less.
7
8 As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
9
10
11 Prepared under my supervision
12
13 ~.c: ~,~L ::if~ Z. 'Z<<1~
14 Walter A. Sheek P.L.S. 4838 ate
15 Expires: 9/30/04
Page 2 of2
M:\2tusO 10500\"lli'Vey\legals\legal-parcel_II-H-1O.doc 4/27/02 8:44 AM
!P
~ 0
~/g
R""'lBOO.OO'
~:~-
............ ::-::::---- -
S51'13'1~"W
- 126.74
r49'06"W
101.70'
EXHIBIT B
P JvJ fJj.... 2 So
PJ'vJB 27-5/34--44
LO-r 72
~D~
o<'O.9t ~~
~.~~~
SEE DETAIL ~ ~
~
t 33.83' .
N6S.11 '02"E
73.27'
NSo02'27"E
59.08' -
N48"33'22"E
94.0S'
LO]
07"'10-H5
i6{3/3-J~3 ~
JRVjNE:~S SUBDJVJSJ N
-- J\iIRjVJ=jJ8B
-
PARCEL F10-101
12 O.R. 6681/721
RS
R.SB.
88
z
~irl
<C~
0<C
J:
()
-1
C~?
0.-..
542.4S'50"W
237.56'
S4CT08'47"W
103.43'
S4O.02'01 "W
336.20'
N4S.27' 43"E
87.68'
R.S.
R.SB.
13
LO-r
--
~
iBfJ
S4T21'06"W
73.45'
N41.41'02"E
94.73'
N4T4S'59"E
140.37'
-
N49.19'54"W
33.32'
N40'43'10ME
200.38'
N48'52' 43"E
41,82'
LOT
8.
CEl IJ-H-10
13'17"W
6.74'
NST54'srE
133.83'
DETAR- "A"
NO SCALE
186
LO-r
C.L MOFFET DRIVE
FORMERLY VAlENCIA
AVENUE
BS
Lo-r
400'
o
CITY OF TUSTIN
"=400'
SCALE:
DESCRIPllON: PARCEl Q-li-10 (POR1lON OF REUSE PlAN D1SPOS1l1ON
SCALE lM_400'
DRAFTED CN
CHECKED Rfol
DATE APRIL 2002
JOB
NUMBER 2TUS010400
SITE 28; PORnON OF CNM:-<lUT 10)
SfoEET 1 OF 1
PSOMAS
31I11l11l111 A-.
SaItt ZlO
CoRI .... CA 12621
(114)151-7373 f..(114)~
MCAS- TUSTIN
EXHIBIT A
PARCEL II-H-l1
PSOMAS
Description
Legal
Exhibit "A"
ParceIII-H-ll
(Portion of Reuse Plan Disposition Site 28;
portion of Carve-Ou~ 10)
that portion of the
County of Orange,
2 in the Grant of Easement to the Irvine Company recorded
State of California, being all
In the City of Tustin,
land described as Parcel
September 12, 1988. as Instrument
Number 88-456310 of Official Records of said County,
Page 88 of
in Block 62 of Irvine's Subdivision as shown on the map filed in Book 1,
the centerline of said Parcel
is shown on the map filed
and as
Record Maps,
Miscellaneous
of the records of said
in Book 165. Pages 31 through 39 inclusive of Records of Survey, all
County.
lying southerly of the following described
2
Except that portion of said Parcel
line:
line of said Parcel 2 having a bearing and distance
in the northwesterly
feet"
Beginning at a point
"North 47022' 56'
East for the purposes of this
06"
470 21'
(North
.94 feet from
.01
361
East
of
thenortherlyrenrnnusth~eo~
East 199.28 feet to the southeasterly
acres, more or less.
Containing 374,964 square feet or 8.61
attached hereto and by this reference made a part hereof.
As shown on Exhibit "B"
Prepared under my supervision.
A Sheek P.L.S. 4838
Walter
distant southerly thereon 71
line North 490 19'04"
description),
thence leaving said Westerly
line of said Parcel 2.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AM
1 of 1
4/26/028:53
9/30/04
Page
M:\2tusO 10500\sul'vey\legals\legal-parceUI-H-ll.doc
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EXHIBIT 8
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LO-r 72 \i3 ~ \ LOT
m!:!J.
,...... (\1
--, W S49'22'12"W
rq@ CDC\11 .
198.91'
Ul:) 1Q-r
0::: U) I 1
} 13 (\1 ...... S42'46'50"W
LO Q Q 237.56' .
W ,
, ';Q !!> ~ "': 640"08' 4t"W -<
>1(
. o 11.1 . rq 103.43'
.
" '1~ -<U}U)
~ ~ > 0::'
Q g a: S40'02'Ol"W
~ \ 336.20'
t2 NW'LY UNE
0 200' 400' O.R. 88-4
I I
- .. 541'!
SCALE: 1 u=400' wk 25
MO ORNE N4T2
(F~ERLY V. CIA A~
-
- P ,O.B,
Peel
LO) 88 LO} 186
569'25'54"E
--RAQ--
S63'45'43"E
-- RAO--
Z
~-J
~~
~~
mO
0...
I-H-11 (PORlIOH OF REUSE PlAN OISPOS111ON S1~
l1ON: PARCEl
12
SCALE '.-400'
0RAF1ED CN
CHECKED RM
DATE APRIL 2002
JOB
NUMBER 2TUS010500
28; PORllON OF CARVE-OUT
8t&T1OF1
P S OM A S
3187 hi 11I__
,.,2110
CallI 11M, CA f2IS
(714)151-1313 f~14)54HIl8!
MCAS- TUSTIN
EXHIBIT A
PARCEL 10B-l
PSOMAS
Legal Description
Exhibit "A"
Parcel IOB-I
In the City of Tustin, County of Orange, State of Cali fomi a, being that portion of Block 62
2 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
3 Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
4 Records of Survey, both of the records of said County, described as follows:
5
6 Beginning at the intersection of the southwesterly line of Edinger Avenue as shown on said
7 Record of Survey with the northwesterly line of Parcel No. F6-401 described in the Grant
8 of Easement recorded August 19, 1963 in Book 6681, Page 721 of Official Records of said
9 County, said southwesterly line being a curve concave northeasterly having a radius of
10 1860.00 feet, a radial line to said curve bears South 61017'09" West as shown on said
11 Record of Survey; thence southeasterly along said curve 39.67 feet through a central angle
12 of 1013'20"; thence leaving said southwesterly line South 42018'55" West 210.00 feet;
13 thence South 46013'36" West 110.00 feet; thence South 52029'54" West 63.00 feet;
14 thence South 46000'16" West 333.00 feet; thence South 49008'08" West 36.10 feet; thence
15 South 45059'22" West 436.00 feet; thence South 47007'38" West 60.00 feet; thence
16 South 39048'15" West 35.00 feet; thence South 42025'57" West 35.00 feet; thence
17 South 21042'58" West 35.00 feet; thence South 44021 '51" West 20.00; thence
18 North 49019'04" West 130.61 feet to a point on the northwesterly line Parcel No. F6~401
19 as described in said Grant of Easement; thence along said northwesterly line the following
20 seven courses:
21 1) North 46007'11" East 52.89 feet;
22 2) South 49019'03" East 45.21 feet;
23 3) North 46007'11" East 120.00 feet;
24 4) North 71 037' 48" East 34.83 feet;
25
Page of2
M:\2TU50 I 0502\sUlVey\design\20051 012\Jegal-Parcel 10B-I.doc
Last Updated: 1 0/19/2005
Last Printed:5/912006
PSOMAS
Legal Description
Exhibit "A"
ParcellOB-l
1
2 5) North 46007' 11 " East 1080.40 feet;
3 6) South 43052'49" East 5.00 feet;
4 7) North 46007' 11" East 1 02.1 0 feet to the Point of Beginning.
5
6 Containing 75,493 square feet or 1.733 acres more or less
7
8 As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
9
10
11
12
13 Prepared under my supervision
14
15 HAY :; . 2DO~
16 Date
17
18
19
20
21
22
23
24
25
Page 2 of2
M:\2TUSOl 0502\survey\design\20051 012\legal-Parcel lOB.] ,doc
Last Updated: 1 0/19/2005
Last Printed:5/9/2oo6
EXHIBIT B
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W
'54" W
00'
49'08'08" W
36.10'
W
W
W
VI
-
-
-==
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I
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PM 0-J-266
PJ\AB 276/34-44
I
N 46'07'11"
1 02.1 0'
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PARCEL F1 0-1 01
O.R. 6681/721
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t!:;) f' (.) ~ 9J
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E
N
N 71'37'48
\ \ 34.83'
N 46'07'11"
120.00'
\ I
S 49'19'0
I 4,5.21
N 46'07'11"
52.89'
-200
SCALE:
o
LOT
SCAlE '..200'
DRAFTED KYO
CHE:CKED K...
DATE OCT08[R 19. 2005
JOB
NUU8[R 2TUS010!102
at!I!T 1 0fl1
PSOMAS
...,....
s.It.
c:.lI_ ca taa
(JI4) 151-73U 'ta(JI4)..
C.L MOFFET DRIVE
F'ORMERL Y vALENCIA
AVENUE
CITY OF TUSTIN
DESCRIPTION: 08-1
MCAS- TUSTIN
EXHIBIT A
PARCEL10C
PS OMAS
Legal Description
Exhibit" A"
ParcellOC
ParcellOC
2 In the City of Tustin, County of Orange, State of California, being that portion of Parcel
3 No. FlO-lOl and all of Parcel Nos. FI0-101.1 and FI0-I0L2 as described in the easement
4 to the Orange County Flood Control District recorded August 19, 1963 as Instrument No.
5 16739 in Book 6681, Page 721 of Official Records of said County, being a portion of Lot
6 189 in Block 62 of Irvine's Subdivision as shown on the map filed in Book 1, page 88 of
7 Miscellaneous Record Maps and as shown on the map filed in Book 165, pages 31 through
8 39 inclusive of Records ofSuIVey all in the office ofthe County Recorder of said County,
9 described as follows:
10
11 Beginning at a point on the centerline of Edinger A venue, said point being the southerly
12 terminus of the line shown as having a bearing and distance of "North 20002'09" West
13 1473,.80 feet" on said Record of Survey; thence North 20002'09" West 38.35 feet along
14 said centerline; thence leaving said centerline South 69057' 51 " West 64.26 feet to a point
15 on the westerly line of said Edinger A venue and the easterly line of said Parcel Fl 0-1 01,
16 said point being the TRUE POINT OF BEGINNING, said point also being on a non-
17 tangent cUIVe, concave westerly, having a radius of835.00 feet, a radial line to said point
18 bearing North 75045'20" East; thence southerly along said easterly line 361.44 feet through
19 a central angle of 24048'04"; thence leaving said easterly line and along the northerly and
20 northeasterly line of said Parcel Fl 0-1 01.2, the following two (2) courses:
21 L North 78042'48 East .38.52 feet;
22 2. thence South 4.3052'49" East 10,00 feet to a point on the northwesterly line of
23 Parcel F6-40 1 as described in Book 6671, Page 721 of Official Records of said
24 County;
25 thence along said northwesterly line South 46007' 11 " West 261.33 feet to the beginning of
26 a non-tangent CUIVe, concave westerly, having a radius of 755.00 feet, a radial line to said
M:\2TUSO 1 0500\sulvey\legals\legnl-parcet 1 OCdoc Page of2
Last printed 9/6/20063:21 :45 PM
PS OMAS
Legal Description
Exhibit" A"
ParcellOC
point bearing South 63045'43" East, said curve also being the westerly line of said Parcel
2 F 10-101; thence northerly along said westerly line 74,71 feet through a central angle of
3 05040' 11 u; thence leaving said westerly line and along the westerly line of said Parcel FI0-
4 101.1, the following three (3) courses:
5 L North 09023'4r' West 64.37 feet to the beginning ofa non-tangent curve, concave
6 westerly, having a radius of 725,00 feet, a radial line to said beginning bearing
7 South 73050'35" East;
8 2. thence northerly along said curve 90.00 feet through a central angle of 07006'45";
9 3. thence North 50029'03" East 44.23 feet to a point on a non-tangent curve, concave
10 westerly, having a radius 755.00 feet, a radial line to said point bearing
II South 8.3028'21" East, said curve also being the westerly line of said Parcel FlO-
12 101;
13 thence northerly along said westerly line 236.78 feet through a central angle of 17058'07"
14 to a point that is South 51013' 17 West from the True Point of Beginning; thence
15 North 51013'17" East 88.93 feet to the TRUE POINT OF BEGINNING,
16
17 Containing 41,580 square feet or 0.95 acres, more or less.
18
19 As shown on Exhibit "B" attached hereto and by this reference made a part hereof
20
21 Prepared under my supervision
22
23
24 ~ 1/J()k;
25 Peter J. Fitzpat Dat
26 Expires: 09/30/2006
M:\2TUSO I 0500\survey\legals\legal-parcet I OCdoc Page 2 of 2
Last printed 9/6/2006 3:21 :45 PM
101.2
e-
(\1
1'--
........
e-
m
to
to
I
I
P.O.8.
EXHIBIT B
'-------
583'28'21 "E _ - -
-------
RAO @
O'57'20"E _
'---
PeL. ,..10 RAO~
101.1 @
573'SO'3S"E
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o
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SCAlE:
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RS 87 --JO-J6 R.S.B. -j66/3-J--'38
JRVJNE'S SUBDJVJSJON S6~4"E
JvJF~j\JJ -J! 88
F~.S. 82--J023
BLOC}, 62 LOT
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N.T.S.
SCALE: 1".200'
DRAFTED MIKC
CHECKED PS
DATE "ARCH. 2006
JOB
NU~eER 2TUSOl0500
stt!I!T 1 OF 1
PSOMAS
3lIt"1II __
Slat~
(011o .... CA ma
(JI4)751-73U r..(JI4}'"
~,... toe
MCAS- TUSTIN
\'- P~RCEL 10C
cv. I 0.95 ACRES
~rs.
1:)~ "i"""
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1
to I
lt..
EXHIBIT B
HAZARDOUS SUBSTANCES NOTIFICATION
Chemical Abstracts Service
Code of Federal Regulations
Installation Restoration Program
not applicable
Resource Conservation and Recovery Act
Southwest Division Naval Facilities Engineering Command
CAS
CFR
lRP
N/A
RCRA
SWDIV
Source: SWDrv 2001,
Notes:
a This table was prepared in accordance with 40 CFR 373 and 40 CFR 302.4, The substances which do not have chemicals-specific break down (and associated annual
reportable quantity) are not listed in 40 CFR 302.4, and therefore have no corresponding Chemical Abstracts Services (CAS) number, no regulatory synonyms, no Resource,
Conservation and Recovery Act (RCRA) waste numbers, and no reportable quantities,
Carve Parcel Building IRP Hazardous Reportable CAS RCRA Dates of Activities Conducted at Notes
Out ID No. ID Substances a Quantity per Number Waste Operation Site
year Code
10 40 NjA IRP-1 Paints, N/A N/A NjA 1971 to 1983 Crash crew burn pits, NjA
Solvents, Pits used for fire-
Lacquers, fighting training
Primers exercises,
Exhibit liB"
Hazardous Substances Notification Table
EXHIBIT C
COVENANT TO RESTRICT USE OF PROPERTY
AND
ENVIRONMENTAL RESTRICTION
'1t
RECORDING REQUESTED BY:
United StatCs Navy
BRAe Propam Management OffICe West
1455 Frareee Road, Suite 900
San Dieco, California 92108
Attention: Christopher E. Haskett
Lead Real Estate Contracting Officer
..
Recorded in Official Records,Orange-County
Tom o.ly, Clerlc-Record.r
111..111111...1111 NO FEE
2006()()(M8364110:24am 0712~
111 .. CO2 21
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
WHEN RECORDED, MAll.. TO:
Department of Toxic Substances Control
Southern California Region
5796 Corporate Ave.
Cypress, California 90630
Attention: John E. Scandura, Chief
Southern California Operations,
Office of Military Facilities
California Regional Water Quality Control
Board, Santa Ana ReBinn
3737 Main Street, Suite,'S(X)
Riverside, California 92501-3348
Attention: Gcran:l J" 'lbibeault,
Executive Officer
"
rI
<t.
SPACS ABOVE nus LINB RBS!RVEo JlOk RBCOROBR"S USB
N4769206RP06XOl
COVENANT TO RESTRICf USE OF PROPERTY
ENVIRONMENTAL RESTRlCfION
(Re: former Marine Corps Air Station Tustin) Operable Unit-3
(See Legal Description, Exhibit A)
~'t.l ",:j~ VV
y\'" &~..1 '\" d
~vt~{,l (15
.. ,j'f.
ty'O
This Covenant and Agreement ("Covenant") is made by and between the Unised
States of America acting by and through the ~partment of the Navy ("Covenantor"), the
current owner of property, situated in the City of Tustin, County of Orange, ~tate of
California, described and depicted as Operable Unit ("OU")-3 in Exhibits A and B,
respectively, which are attached and incorporated herein by this reference ("Property"), and
1
N47~9206RP06XOl
5 Jun 2006
the California Department of Toxic Substanees Control ("Department"), and d:1e.oCalifornia
Regional Watrt Quality Control Board, Santa Ana Region ("RWQCB"). The Covenantor,
Department, and RWQCB, "Parties", intend that the use of the
collectively referred to as the
Property be ~tricted as set forth in this Covenant,
and the environment. The Covenantor, Department, and RWQCB have detennined that this
reasonably necessary to protect present or future human health or safety or the
material as defined
in order to protect human health, safety
in
is
environment as a result of the presence on the land of hazardous
California Health and Safety Code section 25260, and enters
Covenant
this Covenant in accordance
with Health and Safety Code section 25355.5 and California Civil Code1JOCtion 1471. In
addition, pursuant to Comprehensive Environmental Response, Compensation, and Liability
Act ("CERCLA'') section 104 (42 U.S.C.I96(4), as delegated to the Covenantor by
Executive Order 12580, ratified by Congress in 10 United States Code'SeCtion 2701 ~.,
and implemented by the National Oil and Hazardous Substances Pollution Contingency Plan
("NCP"), 40 Code of Federal Regulations part 300, and implementing ~ and policies,
the Covenantor has also determined that this Covenant is reasonably
into
necessary to protect
present or future human health or safety or the environment as the result of the presence on
the substances as defined in CERCLA section 101 (42 U.S.C.I96(1).
land of hazardous
The Covenantor currently has legal title and inte~t in the Property suftlcient to enter
and record this Covenant and to provide for continuing enforcement of
the fleStrictions
This Covenant shall be enforeeable against the Property and any
it shall run with the land to all successors and assigns as provided in
transfers orconveyanoes of the Property's title by
into
contained in this Covenant.
portion thereof in that
in any subsequent
the Covenantor to non-federal entities the Covenantor shall insure that any such subsequent
Further,
this Covenant.
2
N4769206RP06XOI
5 Jun 2006
Covenant and
aPe consistent with this
protective feStrictions that
deed or t:ransfer contains
Occupant's eompliance with
inspect the Owner's or
access and power to
provide a right of
restrictions.
such
I
ARTICLE
ST.
into a Federal Facility Site
Remediation Agreement (UFFSRA") on August 18, 1999, pursuant to which Covenantor
agreed to investigate and respond to releases of CERCLA hazardous substances at the former
Marine Corps Air Station (UMCAS") Tustin. The Moffett Trenches and Crash Crew Bum.Pit
I
.
site at MCAS Tustin has been designated as OU-3 and
Restoration Program (uIRP") Site 1 (uIRP-1 ").
Department entered
is also known as Ins"llation
The Covenantor and the
1.01
is
to the northwest
access road on the northwest edge of the Jamboree Road roadbed
west of the landfill gas probes), to the southwest ~ the toe of the
northern concrete suppOrt structure for the Jamboree Road overpass above Moffett Drive, and
OU-3 is located at MCAS Tustin, in the County of Orange, State of California, and
to the northeast by the southern edge of Edinger
Avenue,
genera1.ly bounded
by the western edge of the
fill (approximately 20 feet
meets the
it
to the southeast by the western edge of the Peters Canyon Channel bottom where
containment remedy wall or western channel bank.
in the
OU-3 was investigated by Covenantor as provided
OU-3 Record of Decision ("ROD")lRemedial Action Plan ("RAP") issued and approved on
The OU-3 RODIRAP seleCted a surface cover and-containment wall
in the FFSRA and ad~sed
December 20, 2001
a landfill gas, groundwater and surface water monitoring
land use restrictions; and a contingency plan as the remedial action for
along Peters Canyon Channel;
program; associated
3
N4769206RP06XOl
5 Jun 2006
OU-3. This remedial action was detennined to be adequately protective of human health and
the environment and tooomply with federal and state requirements.
The OU-3 RODIRAP provided that the Covenant must provide for access for
Department, the RWQCB, and other regulatory agencies that have jurisdiction, including any
contractor or representative acting at the direction of any such aforementioned entity. The
areas of applicability of the restrictions set forth in this Covenant are referred to as the
"Property" and are more particularly described and depicted in Exhibit A and a, respectively.
The Covenantor issued a Finding of Suitability for Transfer ("FOST") dated
September 29. 2004, to transfer the Property. The Department concurred with this POSTon
17 September 2004.
ARTICLE n
DEFJNmONS
2.01 Covenantor. "Covenantor" shall mean the United States of America Acting
through the Department of the Navy.
2.02 Dq)artment. "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 of the 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 RWOCB. "RWQCB" shall mean the California Regional Water Quality
Control Board, Santa Ana Region and includes its successor agencies, if any.
N4769206RP06XOl 4
5 Jun 2006
ARTICLE m
0: RAL PROVI~
3.01 RI g lJ the Land. This Covenant sets forth protective
provisions, covenants, restrictions, and conditions (collectively, "Restrictions"), subject to
which the Property and any associated monitoring and other equipment shall be improved,
held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. These
Restrictions are to be constnled 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) rons with the land in perpetuity
pursuant to Health and Safety Code section 25355.5(a)(I)(C} and Civil ~'SeCtion 1471;
(b) inures to the benefit of and passes with each and every portion of the PrJperty; (c) shall
apply to and bind all subsequent Owners and Occupants of the Property; (d) is for the benefit
of, and is enforceable by the Department and RWQCB; and (e) is imposed upon the entire
Property unless expressly stated as applicable only to a specific portion thereof.
I
3.02 Bindintl \!POll Ownenl and 0c:clwlm1S. Punuanl to Health lafety Code
section 25355.5(a)(l)(C), this Covenant binds all Owners and Occupants of. Property, their
heirs, successors, and assigns, and the agents, employees, and lessees of the Owners, heirs,
successors, and assigns. Pursuant to Civil Code section 1411(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 determination 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 theJleOf,
N4769206RP06XOl 5
5 Jun 2006
the Owner or lessor shall give the buyer, lessee, or renter notice that a hazardous substanee is
located on or beneath the Property. Such written notice shall include a eopy of this Covenant
3.04 Incorporation into Deeds. Leases. or Rental Ameements. 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 Covenantor,
Department and RWQCB 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 of this Covenant alone,
have authority to approve, disapprove, or othelWise affect a conveyance, except as otherwise
provided by law, by administrative order, or by a specific provision of this Covenant.
3.06 Costs of AdDlinistering the Covenant to be Daid bv Owner. The tenns of this
Covenant ron with the land and will continue in perpetuity unless a variance is granted
pursuant to section 6.01, or unless tenninated pursuant to section 6.02. The Department has
incurred and will in the future incur costs associated with the administration of this Covenant.
The Owner acknowledges that California Code of Regulations, title 22, section 67391.1(11)
requires that the Owner pay Department's cost associated with the administration of this
Covenant. The Department may choose to enforce the terms of this Paragraph 3.06 according
to the terms in Paragraph 5.01. Notwithstanding Civil Code section 1466, in the event that
property ownership changes between the times the Department incurs administrative costs and
the invoice for such costs is received, each owner of the property. for the period covered by
the invoice as well as the current owner is responsible for such 'Costs. This Paragraph 3.06
N4769206RP06XOl 6
5 Jun 2006
not defined to include Covenantor,-except to the
obligations pursuant to CBRCLA.
ARTICLE IV
does not apply to Covenantor, as "Owner" is
extent of the Covenantor's
DecisionlRemedial Action Plan, Operable Unit 3,
unless otherwise approved by
provided in sections 6.01 or 6.02 of this Covenant:
be used for any of the following
4.01
in the R-ecord of
purposes, as documented
and RWQCB as
both the Pepattment
December 20, 2001,
A residence, including any mobile home or factory built housing,
I I
constructed or installed for use as ~idential human habltation,
I
a hospital for humans,
a school for
or
persons under 21 years of age,
a day care facility for children.
a.
b.
c.
d.
4.02
,
a. There shall be no land disturbing activity, including.but not li~ted to, any
I
activity that may disturb or otherwise affect the integrity of the containment1wall and channel
bed's structural integrity, construction of facilities,
appurtenances or irrigation,
on the surface of the
structures, or
landscaping, groundwater extraction, or installation of wells of any lcind,
Property unless prior review and written approval are obtained from the Department,
RWQCB, and other regulatory agencies that have jurisdiction over the proposed activity,
except as provided in subparagraph b, below. There shall be no excavations within the
Property prior to taking any necessary measures to locate the depth of the Hip-Density
Polyethylene (HDPE) liner to verify that excavation will not damage the HOPE liner.
7
N4769206R.P06XOl
5 Jun 2006
b. No prior review and written approval of Departitlent. RWQCB. 'Or other
regulatory agencies that have jurisdiction over the proposed activity are requiJedfor shallow
excavation to a depth not greater than 5 feet below the ground surface or to the HDPE liner.
whichever is closer to the ground surface. so long as the verifIcation of the HOPE liner
location required under subparagraph a above has been conducted. If the HDPE liner or
waste is encountered in the course of any excavation, the excavation shall be stopped
immediately and the Covenantor. Department, RWQCB, and other regulatory agencies that
have jurisdiction over the activity shall be notified by the party responsible for the excavation.
c. There shall be no irrigation, landscaping, or planting activities within the
Property prior to submittal of an irrigation and landscaping plan to. and prior review and
written approval by, the Department. RWQCB, and other mgulatory agencies that have
jurisdiction over the proposed activity in order to ensure that such activities do not jeopardize
the integrity and performance of the containment remedy.
d. No groundwater shall be extracted and no new groundwater wells shall be
installed within the Property without prior review and written approval from the Department.
RWQCB, and other regulatory agencies that have jurisdiction over the propo5ed activity.
e. The French drain system. sumps. monitoring wells. landfill gas monitoring
probes (LFGPs), survey monuments. signs describing use restrictions. fencing, or monitoring
equipment within the Property shall not be removed or damaged without prior review and
written approval of the Department, RWQCB. and other regulatory agencies that have
jurisdiction over the proposed activity.
f. Monitoring Wells lOOlBC49S, lOOlMWS2S. lOOlMWS2D, lOOlMWSOD.
lOOIBC50S, JOOIMW53D, lOOlMW53S. and LFGPs lOOlLFGPl. lOOlLPGP2.
N4769206RP06XOl 8
5 Jun 2006
C}
and sumps N and S, and any other associated monitoring-equipment.(Exhibit
required during the post-ROD phase before or
disturbed, or removed without
lOOlLFGP3,
after the conveyance shall not be altaed,
the prior review and written approval of the Covenantor,
Department, and RWQCB, and other regulatory agencies that have jurisdiction over the
activity.
g. The Covenantor has granted a perpetual easement to the Orange
County Flood Control District (OCFCD) through the OU-3 Property. for the construction,
installation, maintenance, operation, Channel (OCFCD In
arid repair of Peters Canyon
Easement:
1963).
allows improvements (including widening, deepening, and concreting)
by the OCFCD at no cost to the Covenantor or the Owndr!(as defmed in the
provided that the improvements are in accordance with Planl approved by the
the Owner and
general, this easement
to the channel
Covenant),
the
and that the OCFCD replaces, to the satisfaction of
and the Owner, any of the Covenantor or Owner's improvements to
Covenantor
the OU-3
Property that may be damaged. There shall be no improvements effecting Peters Canyon
Channel, including widening, deepening, and concreting, without the prior' fProVal of a plan
by the Covenantor and the GRANTEE, its successors and assigns, during their owneIShip of
the OU-3
Property. The language contained in the easement 8f8D.t serves as part of the
remedy for OU-3. The Covenantor and the GRANTEE, its successors and assigns, agree not
to approve any work pertaining to the easement that could violate the terms of the Covenant
without the written concurrence of the Department and RWQCB.
h. Easement: The Irvine Company (subsequently assigned to the City of Tustin)
has a perpetual easement for the construction, operation, maintenance, repair, and replacement
of a portion of Jamboree Road (that crosses the Property). The City of Tustin, or its
Covenantor
9
N4769206RP06XOl
5 Jun 2006
successors, shall not repair, replace, or otherwise disturb the conCflete'Surface of JamboR:e
Road, within the boundaries of the aU-3 Covenant Parcel, without the prior approval of a
plan by the Covenantor. As that portion of Jamboree Road is inCluded in the deed that
transfers the Property to the City of Tustin, the easement will be extinguished. This langu.
.. 'q"..>_.o..
was contained in the easement grant as part of the remedy for OU-3. The Owner agRleS not to
conduct any work. that could violate the tenns of this Covenant without the written
concurrence of the Department and RWQCB.
1. The owner and future owners must comply with all tenns and conditiOns
relating to land-use Restrictions set forth in the OU-3 Record ofDecisionlRemedial A-ction
Plan (RODIRAP), as encompassed in this Covenant.
j. The owner and future owners must notify subsequent future owners of all land
use Restrictions and access provisions set forth herein.
4.03 Access for Department and RWOCB. The Department and RWQCB, and
other regulatory agencies that have jurisdiction, including any contractor or tepresentative
acting at the direction of any such aforementioned entity. shall have a PeasOilable right of
entry and access to the Property, for purposes of sampling. inspection. monito~.
~aintenance, well closure. and other activities relating to ensuring the integrity of the remedy
and consistent with the puiposes 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.
ARTICLE V
c;
N4769206RP06XOI 10
5 Jun 2006
Enforcement Failure of the Owner or Occupant to eomply with any of the
Restrictions specifically applicable to the Property shall be grounds for the Department to
require that the Owner modify or remove any improvements ("Improvements" ~in shall
5.01
earthen fIlls. caps. piers. stroctures. buildings, roads,
include, among other things, all
driveways. paved parking areas, and landscaping) constrocted or placed upon any portion of
by the Owner or
criminal remedies including nuisance. or
Violation of this Covenant
the Property in violation of the Restrictions.
in the imposition of civil and/or
Occupant may result
abatement against the Owner or Occupant as provided by law.
ARTICLE VI
v.
Variance. The Owner, or with the Owner's consen~ any OJupan~ may apply
to the Department and RWQCB 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 finmB that such a
variance would be protective of human health, safety. and the environment. I
6.02 Termination. The Owner, or with the Owner's consent. any Occupant. may
apply to the Department and RWQCB for a termination of one or more of the Restrictions or
6.01
other tenns of this Covenant as they apply to all or any portion of the Property. Any such
in accordance with Health and Safety Code
shall be made to the Executive Oft"JCer.
Department shall be made
application to the
Any such application to the RWQCB
section 25234.
are no longer neoessary
to protect present or future health or safety or the environment The Executive Officer's
the Restrictions
that
grant the termination if he or she finds
who shall
11
N47.69206RP06XOl
5 Jun 2006
determination may be appealed to the Regional Board~ Any termination of the Restrictions or
other terms of this Covenant shall be etrective only if both the Department and RWQCB grant
the termination. No termination of this Covenant shall extinguish or modify any covenants,
.
assurances, or right of access provided pursuant to CERCLA section 12O(h)(3) in any deed by
which the Covenantor conveys the Property.
6.03 Modification of this Covenant. If all of the Parties 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. Prior to any modifICation under
this Paragraph. the signatories shall assess whether any proposed modification is eonsistent
with the protection of present or future human health or safety or the environment. Nothing in
this sentence shall be construed to limit in any way the Department's and RWQCB's ability to
exercise their ability to exercise their authority under Paragraphs 6.01 or 6.02 of this
Covenant.
6.04 Term. This Covenant shall run with the land and continue in effect in perpetuity
unless ended in accordance with the Termination Paragraph 6.02 above, by law, or by the
Department and RWQCB under this Paragraph 6.04. Upon the Department andRWQCB
making a determination that any or all of the Restrictions on the use of the Property 8Ie no
longer necessary to protect present or future human health or safety or the environment. the
Department and RWQCB shall promptly record a release terminating this Covenant or the
relevant Restriction. In making such a determination. the Department and R\VQCB 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 a determination
N4769206RP06XOI 12
5 Jun 2006
is no significant existing or potential hazard to present or futufe human health,
safety, or the environment.
there
that
ARTICLE vn
S
MIS
Nothing set forth in this Covenant shall be construed
No
7.01
any purpose whatsoever.
Recordation. The Covenantor shall record this Covenant, with Exhibits A and B,
(10) days of the Covenantor's ~ipt
I
.ts. The ROD and Land-Use Control
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
of a fully
7.02
in the County of Orange within ten
executed original.
C, and D
May 2003 ("LUCIPr) require annual
e:
R,
An
7.03
Implementation and Certification Plan, Operable Unit 3,
address the monitoring and maintenance necessary to ensure compliance with the
and terms of the Covenant. Submission by Owner of the Coveri$ttor's form,
reporting to
Amiual Field Inspection Log ("Log"), shall be deemed to comply with
the terms of this Paragraph 7.03. An example of the Log is contained in Table 5-2 of the.
LUCIP, which is attachment F to the Final Operation and Maintenance Plan for OU-3 and
attached as Exhibit D to this Covenant. After recording of the Covenant, the annual report
the Department, and RWQCB by January ISIb of each
Restrictions
Institutional Controls
to Covenantor,
calendar year. The annual report shall be sent by certified mail with l'Ctum RlCeipt
Department and RWQCB pursuant
shall be provided
and
it shall be sent to the Covenantor,
to Paragraph 7.04 of this Covenant.
signature required and
13
N4769206RP06XOl
5 Jun 2006
("notice" as used
Notices. Whenever any persQngives or serves any notice
7.04
here includes any demand or othert:ommunication with respect to this Covenant),,each such
if personally
when delivered,
in writing and shall be deemed effective: (1)
notice shall be
an officer of a corporate party being served, or (2)
"-_....._..~..._-_...- -
in the mail. if mailed by United States mail. postage paid,
delivered to the person being served or to
after deposit
three (3) business days
certified, return receipt requested:
United States Navy
BRAC Program Management Office West
1455 Frazee Road. Suite 900
San Diego, CA 92108
Attention: Director
To Covenantor:
Department of Toxic Substances Control
Southern California Region
5796 Corporate Ave.
Cypress. California 90630
To Department:
Chief
Southern California Operations
Office of Military Facilities
Attention:
California Regional Water Quality Control Board,
Santa Ana Region
3737 Main Street, Suite 500
Riverside, California 92501-3348
To RWQCB:
Executive Offtcer
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92680
Attention:
To Tustin:
is to be
its address or the individual to whose attention a Notice
Any party may change
sent by giving written Notice in compliance with this paragraph.
If any portion of the Restrictions or
other term set forth
invalid for any !eason, the
is determined by a court of competent jurisdiction to be
7.05
14
herein
N4769206RP06XOl
5 Jun 2006
surviving portions of this Covenant shall remain in full force and effect as if-such portion
found invalid had not been included.
7.06 Exhibits. All exhibits referenced in this Covenant are deem.ed incorporated
into this Covenant by reference. Exhibits include:
Exhibit A OU-3 Property Legal Description
Exhibit B Diagram of Property
Exhibit C OU-3 Monitoring Wells. LFGPs. and Sumps Diagram
Exhibit D Institutional Controls Annual Field Inspection Log
7.07 Section Headines. The section headings set forth in this Covenant are included
for convenience and reference only and shall be disregarded in the I tonstlUction and
interpretation of any of the provisions of this Covenant. I
7.08 Representative Authority. The undersigned representative of each party to this
Covenant certifies that he or she is fully authorized to enter into the tenns and conditions of
this Covenant and to execute and legally bind that party to this Covenant.
7.09 Statut< All statutory references include succcgpr provisions.
I
N4769206RP06XOI 15
5 Jun 2006
IN WITNEss WHEROF. the Parties execute this Covenant.
COVENANTOR:
UNITED STATES OF AMERICA.
Acting by and through the Department of the Navy
By: &fL~
.
Real EState Contracting OffICer
Date: 1'i?.J~ll~6
State ~f California}
} SS
County of San Diego}
~ beforeme. L~
On 11S' - .:JUI... y ,UD (, .,
a Notary Public. personally appeared Coli f(..; STO P,re')c... E. 1+J4~(<:.~
Personally known to me (o~.prnved to me on the basis of satisfactol
evide~) to be the personOO whose name{l)di'ae subscribed to the
within instrument and acknowledged to me ~~ executed
the same in ~ tIleir authorized' capaci~.' and that by
@herAReir signa.ture,OO on the instnlment the ~ acted,
executed the instrument.
--------...............
LUANNE POTTER WITNESS my hand and official seal.
~. CoI.lf'IlIIIIon , 137992'l
Notary P\dIc . C<*om
San CIego County \..
,~!Y~~~l~~
....J
fti
N4760206RP06XOl 16
5 Jun 2006
OF TOXIC SUBSTANCES CONTROL
q~'
By:
JO
Personally known to me (I
evi4"'~) to be the person"" whose name~ ishft $U the
within instnunent and acknowledged to me that beIshc $ed
the same in hislfter tIleir authorized capacity(ies). by
hislfter.~ir signatu~ on the instnlment the perso~ acted,
executed the instrument. . '
WITNESS my hand and offil
..
..
Notary Public
.
..
.-
. ... I ~.
17
h'
.
N4760206RP06XOl
5 IUD 2006
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD.
SANTA ANA REGION
By:
Date:
State of CalifOrnia}
} SS
County of ~,kc&~
On t
a
Notary Public. personally appeared
Personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that helshelthey executed
the same in hislher their authOrized capacity(ies). and that by
hislher/their signature(s) on the instrument the person(s) acted.
executed the instrument
before me.
WITNESS my hand and official seal.
C.EHRENFELO
COMM. .1619749
NOTARY PUIUC ..cALiFoRNIA
RIVERIII:lE-couNTY
~ c-.!IpRe Now, e. 20lIt
18
N4760206RP06XOl
5 Jun 2006
PS OMAS
Legal Description
Exhibit "A"
OU-3 Covenant Parcel
State of California,
shown on the map filed
In the City of Tustin, County of Orange,
of Block 62 of Irvine's Subdivision as
and as shown on a map filed
both of the
Miscellaneous Record Maps,
39 inclusive of Records of Survey,
follows:
2
Beginning at the intersection of the southwesterly line of Edinger A ventJ as shown on said
Record of Survey with the northwesterly line of Parcel No. F6-401 descdbed in the Grant
of Easement recorded August 19, 1963 in Book 6681, Page 721 of Official Records of said
County, said southwesterly line being a curve concave northeasterly having a radius of
1860.00 feet, a radial line to said curve bears South 61017'09" West as shown on said
3
4
5
6
7
8
9
10
Record of Survey; thence southeasterly along said curve 39.67 feet through a-oentral angle
I
thence leaving said southwesterly line South 42018'55" West 210.00 feet;
West 110.00 feet; thence South 52029'54" Westj63.00 feet;
I
West 333.00 feet; thence South 49008'08" West 36.10 feet;
West 436.00 feet; thence South 47007'38" West 60.00 feet;
West 35.00 feet; thence South 42025'57" West 35.00 feet;
thence South 44021'51" West 20.00 feet;
feet;
of 1013'20";
thence South 46013'36"
16"
thence South 45OS9'22"
thence South 46000'
11
12
13
14
15
16
IS"
35.00 feet;
thence North 49019'04" West 329.88 feet; thence South 47021 '06" West 1.51
West
thence South 39048'
thence South 21042'58"
17
18
Eut 140.37 feet;
East 41.82 feet;
thence North 42046'59"
thence North 48052'43"
thence North 49019'54"
thence North 40043'10'
19
20
ulence North 39049'21" East 107.74 feet;
thence North 45027'43" East 87.68 feet;
21
22
23
24
59.08 feet;
221.30 feet to a point
East
East
..a...;,a.o..
East
25
26
27
of2
Page
M:\2NA VOSOJOl \survey\IcpJs\PCL OU-3.doc
Lasl printed 712S12OOS 4:33 PM
PSOMAS
Legal Description
Exhibit "A"
as Parcel FI0-10l
Page 721 of Official Records of said County;
along said curve through a central angle of 25002' 16" 364.89 feet, a radial to said curve
bears S 79026'36" E; thence leaving said easterly line North 78042'48" East 38.52 feet;
thence South 43052'49" East 15.00 feet; thence North 46007' II" East 102.10 feet to the
Point of Beginning.
per said
thence
OU-3 Covenant Parcel
easement conveyed to Orange County Flood Control District
document recorded in Book 6681,
more or less.
Containing 12.294 Acres,
made a part hereof.
attached hereto and by this reference
As shown on Exhibit "B"
5". Zoo~
JUL
Prepared under my supervision
Date
REVEWED & ACCEPTED
/{,J S CADASTRAL
DATE" ~oo6
PSOMAS
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Page 2 of2
M:\2NA VOSOJOJ \survc:y\Iopls\PCL OU-3.doc
Last prinlal7f2S12OOS 4:33 PM
EXHIBIT B
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.~~LOT 72
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535,540 Sq. Ft.
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94.05'
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PARCEL F1 0-1 01
Q.R. 6681/721
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Section 5 land-Use Restriction Monitoring, Reporting, end Self..(:ertlflcation
-
Table 5-2
Institutional Controls Annual Field Inspection Log (for Transferee use)
-
Land-Use Restriction Checldlst: Provide descriptions and comments on lep.r.te pieees of p.per
and attach.
Inspected by:
Date:
(_me, affiliation. address, and telephone number)
I. Structures in the area CODtaiDina the containment remedy:
Is the area containina the CODtainment remedy being used as a residence, hospital for humans," school for
persons under 21 yein of ale. a day care center for children. or any permanently occupied human habitation
other than those used for industrial purposa? YES /NO (circle one). If yes, descn"be.
Has there been any cODStlUction of facilities or structures, or appurtenances 00 the surface of the area
containing the CODta~Dt remedy since the last inspectioa? YES I NO (circle ooe). I
If yes, was prior written approval obtained from the DON, DTSC, RWQCB, and other reptatory aleDCies
chat have jurisdiction over the proposed activity? YES / NO (circle one). Dacn"be. I
If yes, wu conslnlction conducted in accordance with the approved plan?
2 Land-disturbina activities and potential for darna8ins the leotextile liner (excavations &relief than S feet
below JrOUD.d surface):
Is there evidence ofland-disturbina activity on the surface of the area containing the containment remedy?
YES I NO (circle one). If yea. what wu the depth of,_ excavatiOIl? _ feet.
If the excavatioa was peater than S feet below JrOUD.d surface:
(a) Was prior review and written approval obtained &om the DON, DTSC, R.WQCB,lnd other reaulatory
aacneies that have jurisdiction over the proposed activity? YES I NO (circle one).
(b) Was the excavation undertaken in accordance with any and In applicable conditions oftpplOva}?
YES/NO (circleone). I
(c) Were ncc:essary measures taken to locate the depth of the leotextiJe liner prior to the excl.vation to
prevent damale to the potextile liner? YES / NO (circle one). I
(d) Was the aeotextile liner or waste eDCOuntercd in the course of any excavation? YES I NO (cin:1e one).
If yes, when did it occur (date, time)? . At what depth below land surface was it
encountered? " '. Was the excavation stopped immediately? YES I NO (circle one). Were the
DON. DTSC, and RWQCB ~tified by the party responsible for the excavation? YES I NO (circle one).
If yes, desen"bc bow and _nlhe notifICltiOns occumd.
Land-disl\lrbina activities and potential for damaline the JCOtextile liner (IbaDow excavations to I depth not
greater than S feet below the ground surface, or to the ceotextile liner, whichever is closer to the '
ground surf Ice):
If the excavation was to a depth not arc:ater than S reet below the around surface:
(.) Were necessary meuura takCD to locate the depth orthe potcxtiJc liner prior to the excavation to
prevent damalc to the aeotextile liner? YES / NO (circle one).
(b) W IS the polemic Uoer or WUIt encountered in thc course of any uavation? YES I NO (circle one).
If yes, when did it occur (date, time)? . At what depth below around surface was it
encountered? . Was the excavation stopped immediltely? YES / NO (circle one). Wac the
DON, DTSC, and RWQCB notified by the pany responsible for the excavation? YES / NO (cVcle one).
If yes, desc:n"be how and when the notifications occurred.
3.
Exhibit D
Institutioila1,~s Annual
FJeld Inspection !..os
'.
FinallUCICP - Operable Unit 3, MCAS Tustin
511212llO3 .:1. .......- ~........~,....NOO3ODlI_
MIy 2003
Section 5 Land-Use Restriction Monitoring, Reporting, and Self-Certification
(continued)
Irrigation and landscaping activities:
Is there evidence of irrigation, landscaping, or planting activities within the area of the containmentremedy?
YES I NO (circle oue).
If yes, was an irrigation and landscaping plan submined, reviewed, and approlJfdm ~"".~ ~
DTSe, RWQCB, and other regulatory agencies that have jurisdiction over the~..liti,ily;~~.
conducting this activity? YES INO (circle one). Desc:nbe.
If yes, were the irrigation, landscaping. and planting activities conducted in .~ ..'~
approved plan?
Tabl.5.2
4.
Groundwater extraction:
Has any groundwater been extracted within the area oflhe containment remedy? YES.J_ :(dn:lit,t'IQiij.
Are there any new groundwater wells installed within the area of the contai~__Y'''__i
inspection? YES 'NO (circle one). '
If yes, was prior review and written approval obtained from the DON, D~ll~'~'''olber..._
agencies that have jwisdiction over the proposed activity? YES' NO (circlc'OIIC)' ~. '
If yes, were the weDs installed in accordance with any applicable conditions ~f~ ~,
s.
Monitoring equipment:
Have any of the following items located within the area of the containment remedy been removed or
damaged: french drain system. sumps, monitoring wells and associated monitoring equipment. survey
mon1UDCDts, landfill gas probes, signs descn"bing USe restrictions, fencing, or other related equipment?
YES I NO (circle oue).
If they were removed or damaged, was prior review and written approval obtained fiom the DON, DTSC,
RWQCB. and other regulatory agencies that have jwisdiction over the proposed activity?
YES 'NO (circle one). Descn"be.
If yes. were they removed or managed in accordance with any applicable conditions of approval?
Adjacent monitoring equipment:
Have any oftbe following items located adjacent to the area of the containment~..'..~ Or
damaled: monitoring wells and associated monitoring equipment. sWYey moD~,,"i.UcjCrib~,'.
restrictions, fe~ing. or other related equipment? YES INO (circle one). "
Ifthey were removed or damaged, was prior review and written approval obtaiDettfiaMDOti..nlsc..
RWQCll. Uld "-a:.1atQl')' ....cncies tllat ~ ~t~1I over ~ pr~~ .
YES 'NO (cirele one). Descn"be. '
If yes, were they removcd or managed in accordance with any applicable co~~.;...____
I bereby cenify that the information contained in this tcport is II"UC and accuralc ~~iiIOmiatilillwtd"
bclieffollowing a reasonable inquiry. .'
Name: _
Signature:
Tide:
Date:
6.
7.
Acronyms/Abbreviations:
DON - Department of the Navy
DTSC - (Ca. tH,' amia Environmenta, I ProtectiOn, . Ag,e enncycy)) D. ep8,l1ment of Toxic Substances Control
~oce - teltlfomtllfttDbmdWltiftilfy 'CMDol titd I!xfdblt D
Institutional Controls Annual
Field Inspection Log
Final LUCICP - Operable Unit 3, MCAS Tustin
S/'2n003 c:,t PM 11~~-,,1CIUn 3laclOt~fI2OO3ll8:SI.lloc
EXHIBIT D
MONITORING WELL LOCATIONS
Operable Unit 3
ExhibitD
Monitoring Wells
Marine ColpS Air Station Tustin. California
. Date; 8/<105
Bechtel Environmental, Ine. File No.; 062113975
, CLEAN 3 Program :::.~ ~'8-062
200 Feet
o
SOURCES:
BASE MAP BASED ON AER1Al SURVEY CONDUCTED BY AIRBORNE
sYSTEMS. INC. ON OCT08ER21. 1990. REVlSEO BY BECHTEl
IN NOVEMBER 1997 TO UPDATE BASE MAP.
f
N
* LFG MONITORING PROBe LOCATIONS
e FIRST WBZ MONITORING WElllOCATtONS
o SECOND WBZ MONITORING WEU LOCATIONS
. SUMPS
AREAASSOClATED Wlnt HiSTORIC DISPOSAl
TRENCHES OR CRASH CREW BURN PITS
APPROXIMATE tRP SJTE BOUNDARY AND AREA
REQUIRING INSrmmONAL CONTROLS
EXISTING ROAD OR PAVED AREA
DRAINAGE DITCH
I::. ',;.'-1 BUILDING OR STRUCTURE
fi,',',',',','1 AREA COVERED BY JAMBOREE ROAD. RAMPS AND
'.,.,.,.,.,., SLOPES
fIlIlIIDIIIIIJ AREA COVERED BY PlASTIC UNER
"L!J EMBANKMENT SLOPE
SOUTHEAS
WES T BOUNDAR
C TERN EDGE Y IS THE
,"';" ~AHYON CHAHN OF PETERS
.....~...........~; ~\ ..t$'. ~ C(>N~~~RME IT ME~:THOTTOM
<~ " '. .....ot.. .. OR ENTRE E
>.....,.............,.;; . ./......;.... ", ' '!'ESTERN C MEDYWALL
, . .,.. .... . HANNa B
",,",,' AN"
~"W:' :TAINMENT
../AU . ~~.
/ ~...~
:-SUMP.S .~ ~ ~
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200
1
LEGEND
NORTHEAST BOUNDARY IS
SOUTHERN EDGE OF
EDINGER AVENUE
~"'
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AGRICULTURAL
AREA
AGRICULTURAL
AREA
AGRICULTURAL
AREA
NORTHWEST BOUNDARY IS AT WESTERN EDGE
OF ACCESS ROAD (APPROXIMATELY 20 FEET
BEYOND LFG PROBES)
. 10Ill0: 114I05
. Bechtel Environmental, Inc. FIe No.: 0Il2l13117S
. CLEAN 3 Program Job No: 23018-062
RevNo.:C
Operable Unit 3
Exhibit D
Monitoring Wells
Marine Corps Air Station Tustin, CaJjfornia
200 Feet
o
SOURCES.
BASE MAP BASal ON AERIAL SURVEY CONDuCTED BY AIRBORNE
SYSTEUS.INC.OHOCTalfR21.1ll1lO. RfVISEOsYSECHTEl
IN NO\'EMlER 1991 TO Uf'OATE SASE MAP.
~
N
EXIST1NG ROAD OR PAVED AREA
DRAINAGE DITCH
hI SlIILDING OR STRIJC1tiRE
!mm~JJrn ~~ BY JAMBOREE ROM. RAMPS AND
.. AREA COVERED BY PlASTJC LINER
. , . EMBANKMENT SLOPE
. SUMPS
AREA ASSOCIATED WITH HISTORIC DISPOSAl.
TRENCHES OR CRASH CREW BURN PITS
APPROXJW.TE IRP SITE SOlJNOARY NKJ AREA
REOUlRlNQ INSl1TUTIONAL CONTROlS
~
* LFG MONITORING PROSE LOCATlONS
l:B FIRST WBZ MONITORING WElL LOCATIONS
€I SECOND WBZ MONITORING WELl LOCAnQNS
200
I
[l'",'~1
~
SOUTHEAST B
~~RN E~Ng~~ THE
>~:"", .!0 ~ WH~HMNEL BOlT RS
, <'!if '0^' <if. CONTAlHME IT MEETS lHEOM
~'<3>' W OR WES NT REMEDY
...........i '.. .........~.......... TE.~ CHAN WALl.
.'" ,... ',;f'~." NELBANK
W""- ~'I' \,~~..~
...__ .,~ .1 U
"" 'i' ~ ~ ,- /~'" A
Y ~..~ ~ 'E/:47 ~~
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SOUTHWEST BOUNDARY
IS TOE OF NORTHERN
CONCRETE SUPPORT
STRUCTURE FOR
JAMBOREE ROAD
OVERPASS
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AGRICUl. TURAL
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AGRICULTURAl.
AREA
AGRICUlTURAL
AREA
NORTHWEST BOUNDARY IS AT WESTERN EDGE
OF ACCESS ROAD (APPROXIMATELY 20 FEET
BEYOND LFG PROBES)
NORTHEAST BOUNDARY IS
SOUTHERN EDGE OF
EDINGER AVENUE