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HomeMy WebLinkAboutDEED - PARCEL II-G-5 & II-H-9 (NAVY TO CITY) RECORDING REQUESTED BY fiRST AMERICAN TITLE COMPANY 8UBCIVISIOI< DEPARTMENT This Document was electronically recorded by First American Title B CITY OF TUSTIN OFFICIAL BUSINESS Recorde in Official Records. County of Orange Iw Dal . Clerk-Recorder REQUEST DOCUMENT TO BE RECORDED Execution Version 3-24-03 ~~~STP~:~~~~~~~~~~~i~~ING 111111111111111111111111111111111111111111111111111111111111111 NO FEE 2003000533361 01 :52pm 05/09/03 Recording requested by and when recorded mail to: 10915 121 0.00 0.0 0.000.00 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-G-5 AND II-H-9 AND ENVIRONMENTAL RESTRICTION PURSUANT TO CIVIL~ SECTION 1471 This DEED is made this '2.tfh... day of ~2003, by the UNITED STATES OF AMERICA, acting by and through the Department of the Navy, (the "GRANTOR") in favor of the CITY OF TUSTIN, CALIFORNIA the recognized local redevelopment authority for Marine Corps Air Station Tustin (the "GRANTEE"), RECITALS: WHEREAS A. The GRANTEE has requested conveyance from the GRANTOR of a portion of the former Marine Corps Air Station Tustin, ("MCAS Tus1in") which was closed pursuant to and in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (Pub. L. No. 101-510; "Base Closure Act") and which is no longer required for military purposes; and B. The GRANTOR is authorized to convey property at MCAS Tustin to the GRANTEE pursuant to the Base Closure Act; and C. The GRANTOR has found and determined that the property at MCAS Tustin to be conveyed to GRANTEE is suitable for transfer pursuant to Finding of Suitability for Transfer ("FOST") dated December 17,2002; and D. The GRANTOR and the GRANTEE have entered into the Agreement between the United States of America and the City of Tustin, California, for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin (the "Agreement"), which sets forth the terms and conditions of the conveyance of portions of MCAS Tustin from the GRANTOR to the GRANTEE; and THE INSTRUMENT FILED FOR RECORD BY FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY, IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFEcr UPON TITLE MCAS TUSTIN QUITCLAIM DEED FOR PARCELS I1-G-S AND I1-H-9 Page 2 E. Pursuant to California Civil Code 91471, GRANTOR has determined that it is reasonably necessary to impose certain restrictions on the use of the property to be conveyed to GRANTEE 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 described hereinafter with particularity. 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 20.94 acres, more or less (hereinafter "Property"), as more particularly described as Parcels II-G-5 and II-H-9 in Exhibit "A." 1. TOGETHER WITH all of GRANTOR's right, title and interest in and to: 1.1. All buildings, facilities, roadways, and any other improvements on the Property, 1.2. All hereditaments and tenements therein and reversions, remainders, issues, profits, privileges and other rights belonging or related thereto, 1.3. All rights to minerals, gas, oil, and water. 2. RESERVING UNTO GRANTOR THE FOLLOWING EASEMENT: 2.1. GRANTOR, for itself and for its successors and assigns, hereby reserves an assignable non-exclusive Easement for ingress and egress on, over, or across Windmill Road ("the Roadway") as it is located on the Property as of the date of this conveyance for use by GRANTOR's employees, contractors, delivery services, vendors, maintenance personnel and ancillary service providers for purposes of access to the following properties which remain in the ownership of the GRANTOR as of the effective date of this Deed ("Remaining Lands"): Parcels III-C-3, III-C-4, III-C-5, III-D-9, III-D-IO, III-D-ll, III-G-4, III-H-13, and IV-G-3. 2.2. To the extent the Roadway described above is abandoned or otherwise ceases to provide access to the Remaining Lands after the date of this conveyance, and said access continues to be required, said Easement shall be on, across, and over such other improved or unimproved roads provided by the GRANTEE, or its successor and assigns, that provide equivalent access to the Remaining Lands. In the event GRANTOR determines that access to the Remaining Lands is no longer required by GRANTOR, or is available on, across, and over other public road(s) open to public use for which access is not restricted or controlled for all members ofthe public, said Easement shall automatically terminate. MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-G-S AND II-H-9 Page 3 3. SUBJECT TO THE FOLLOWING NOTICES, COVENANTS, RESTRICTIONS, AND CONDITIONS, which shall be binding upon and enforceable against the GRANTEE, its successors and assigns, in perpetuity: 3.1. The GRANTEE agrees to accept conveyance of the Property subject to all covenants, conditions, restrictions, easements, rights-of-way, reservations, rights, agreements, and encumbrances of record. 3.2. A FaST has been completed and an Environmental Baseline Survey CEBS") report is referenced in the FaST. The FaST and EBS reference environmental conditions on the Property and on other property not subject to this Deed. GRANTEE acknowledges that it has received copies of the EBS and the FaST and that all documents referenced therein have been made available to GRANTEE for inspection and copying. 3.3. 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 3.6 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. 3.4. Asbestos Containing Material 3.4.1. GRANTEE is hereby informed and does hereby acknowledge that hazardous materials in the form of asbestos or asbestos-containing materials ("ACM") have been found or are otherwise presumed to exist in buildings and structures on the Property. The EBS and FaST disclose the presence of known asbestos or ACM hazards in such buildings and structures on the Property. 3.4.2. GRANTEE covenants, on behalf of itself, its successors and assigns, as a covenant running with the land, that it will prohibit occupancy and use of any buildings and structures, or portions thereof, containing known asbestos or ACM hazards prior to abatement of such hazards. In connection with its use and occupancy of the Property, including, but not limited to, demolition of buildings and structures containing asbestos or ACM, it will comply with all applicable federal, state and local laws relating to asbestos and ACM. 3.4.3. The GRANTOR shall provide a Notice of Release, in recordable form, to the GRANTEE at such time as demolition of any buildings on the Property containing ACM has been completed and the appropriate government regulatory agency( s) have confirmed in writing MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-G-5 AND II-H-9 Page 4 to the GRANTEE that ACM has been removed from the buildings and any necessary soil remediation has been conducted in accordance with all applicable federal, state, and local laws and regulations. This Notice of Release shall be deemed to remove all notices and restrictions relating to ACM from the Property. The GRANTOR shall have no obligation under this subparagraph for the demolition of buildings or the removal of ACM or soil remediation related to such demolition or removal action. 3.5. Lead Based Paint (LBP). 3.5.1. The Property may include improvements that are presumed to contain LBP because they are thought to have been constructed prior to 1978. Building 303 is restricted from residential use and children are not allowed to occupy the building. When this building is demolished, the GRANTEE, or its successors and assigns, will be required to demolish the building in accordance with applicable laws and conduct post-demolition sampling and abatement of any soil-lead hazards related to the demolition prior to occupation of any newly constructed buildings. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Pursuant to 40 CFR Section 745.113 the following notice is provided: "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead- based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase." 3.5.2. The GRANTEE hereby acknowledges the required disclosure of the presence of any known LBP and/or LBP hazards in target housing constructed prior to 1978 in accordance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 D.S.C. Section 4852d (Title X). The GRANTEE acknowledges the receipt of available records and reports pertaining to LBP and/or LBP hazards and receipt of the Environmental Protection Agency (EPA) approved pamphlet "Protect Your Family from Lead in Your Home" (EPA 747- K-94-001). Furthermore, the GRANTEE acknowledges that it has read and understood the EPA pamphlet. 3.5.3. The GRANTEE covenants and agrees that, in any improvements on the Property defined as target housing by Title X and constructed prior to 1978, LBP hazards will be disclosed to potential occupants in accordance with Title X before use of such improvements as a residential dwelling (as defined in Title X). Further, the GRANTEE covenants and agrees that LBP hazards in target housing will be abated in accordance with Title X before use and MCAS TVSTIN QUITCLAIM DEED FOR PARCELS II-G-5 AND II-H-9 Page 5 occupancy as a residential dwelling. "Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than six [6] years of age resides, or is expected to reside, in such housing) or any zero-bedroom dwelling. 3.5.4. The GRANTEE covenants and agrees that in its use and occupancy of the Property, it will comply with Title X and all applicable federal, state, and local laws relating to LBP. The GRANTEE acknowledges that the GRANTOR assumes no liability for damages for personal injury, illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with LBP on the Property, arising after the conveyance of the Property from the GRANTOR to the GRANTEE, whether the GRANTEE has properly warned, or failed to properly warn, the persons injured. 3.5.5. The GRANTOR shall provide a Notice of Release, in recordable form, to the GRANTEE at such time as demolition of the buildings on the Property containing LBP has been completed and the appropriate government regulatory agency(s) have confirmed in writing to the GRANTEE that LBP has been removed from the buildings and any necessary soil remediation has been conducted in accordance with all applicable federal, state, and local laws and regulations. This Notice of Release shall be deemed to remove all notices and restrictions relating to LBP from the Property. The GRANTOR shall have no obligation under this subparagraph for the demolition of buildings or the removal of LBP or soil remediation related to such demolition or removal action. 3.6. CERCLA Notices And Covenants: 3.6.1. Notices: Hazardous Substance Notification. Pursuant to 42 D.S.C. ~ 9620(h)(3)(A), and the provisions of 40 C.F.R. part 373, the Grantor has made a complete search of its files and records concerning the Property and hereby gives notice that based on that research no hazardous substances were stored, released, or disposed of on the Property. 3.6.2. Grant of Covenant [CERCLA 42 V.S.C. Section 9620 (h)(3)(A)(ii)(I)). The GRANTOR covenants and warrants that all remedial action necessary to protect human health and the environment with respect to any hazardous substance remaining on the Property has been taken before the date of transfer. 3.6.3. 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 MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-G-S AND II-H-9 Page 6 to the extent that the GRANTEE caused or contributed to any release or threatened release of any hazardous substance, pollutant, or contaminant. 3.6.4. Access [CERCLA 42 U.S.c. Section 9620 (h)(3)(A)(iii)]. In connection with GRANTOR's covenant in 3.6.3 above and in connection with ongoing remediation on GRANTOR's property adjacent to the Property, GRANTEE agrees on behalf of itself, its successors and assigns, as a covenant running with the land, that GRANTOR, or its 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 or any of its officers, agents, employees, contractors or subcontractors. The right to enter shall include the right to conduct tests, investigations and surveys, including, where necessary, drilling, test-pitting, boring and other similar activities. Such right shall also include the right to construct, operate, maintain or undertake any other response or corrective action as required or necessary, including, but not limited to monitoring wells, pumping wells, treatment facilities, and the installation of associated utilities. In exercising these rights of access, except in case of imminent and substantial endangerment to human health or the environment, the GRANTOR (I) 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 on-going 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 the GRANTEE's use of the Property. 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. In connection with GRANTOR's remedial actions described above, GRANTEE agrees on behalf of itself, its successors and assigns, as a covenant running with the land, to comply with the provisions of any health or safety plan in effect during the course of any such action. 3.7. Indemnification Regarding Transferees. The GRANTOR hereby recognizes its obligations under Section 330 of the National Defense Authorization Act of 1993 (Pub. L. 102- 484), as amended, regarding indemnification of transferees of closing Department of Defense property. 3.8. Non-Discrimination. GRANTEE covenants for itself, its successors and assigns, that it will comply with all applicable provisions of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1975 in the use, occupancy, sale or lease of the Property. The foregoing shall not be construed to prohibit the operation of federal or state approved programs focusing on the special needs of the homeless, veterans, victims of domestic violence and other classes of persons at risk; nor shall it MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-G-5 AND II-H-9 Page 7 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. 3.9. 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. 4. 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. 5. NOTICES: Notices shall be deemed sufficient under this Agreement if made in writing and submitted to the following addresses (or to any new or substitute address hereinafter specified, in a writing theretofore delivered in accordance with the notice procedure set forth herein by the intended recipient of such notice): If to the City: City of Tustin 300 Centennial Way Tustin, California 92780 Attn: City Manager Christine Shingleton Assistant City Manager City of Tustin 300 Centennial Way Tustin, California 92780 With a copy to: George R. Schlossberg, Esq. Kutak Rock LLP 1101 Connecticut Avenue, N.W. Suite 1000 Washington, DC 20036 MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-G-5 AND II-H-9 Page 8 If to Government: Commanding Officer Southwest Division Engineering Field Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92123-5189 With a copy to: Navy BRAC Operations Office Attention BCM Tustin Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92123-5190 6. EXHIBITS. The following exhibit is attached hereto and made a part of this Quitclaim Deed: 6.1. Exhibit "A" Legal Description and Plats of Parcel II-G-5 Legal Description and Plats of Parcel II-H-9 [Signature Page Follows) MCAS TUSTIN QUITCLAIM DEED FOR PARCELS II-G-5 AND II-H-9 Page 9 IN WITNESS WHEREOF, the GRANTOR has caused its name to be signed to these presents by an authorized Real Estate Contracting Officer on the day first above written. UNITED STATES OF AMERICA, acting by and throug e Department of the Navy, - By: WiI' m R. Carsillo Real Estate Contracting Officer Base Reali ent Closure Office Dated: ACKNOWLEDGEMENT OF GRANTEE'S COVENANTS TO INDICATE ACCEPTANCE of its covenants and agreements contained in this Quitclaim Deed and receipt of the documents described herein, GRANTEE has executed this document on the date written below. CITY OF TUSTIN ~dt~?f-I:L~ By: William A. Huston City Manager .5/S~) I I Dated: A tiest: ~~ Pamela Stoker City Clerk APPro~* ( Lois Jeffrey, E D City Attorney CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of S'aq ~V1c,i5(,O On 1#,,-,-<:4 ~"', -:leX'3 , before me, Date personally appeared LJ,';/,PH< ,f7 ~---_.._------~ @ ROCKA SOUTHWARD Commission. 1330192 - z ~' Notary Public - Califomio ~ ~ Son Francisco County f My Comm, Ellpireo Nov 21, 2005 ,~,.....,~-,." ~- -- - ~,' ...'" - -- Place Notary Seal Above } ss, ~d 4, S;'-<-I~""'M.(,' /ilo7'll~ ~h/''o-, Name and Tille of Officer (e,g., 'Jane Doe, Notary ubhc") (4/"5;//" Name(s) ofSigner(s) ~ersOnallY known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/!lfe subscribed to the within instrument and acknowledged to me that he/si'lef.tRey executed the same in his/Refitl,ail authorized capacity(ies), and that by his/hefitReir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seaL 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 Tille or Type of Document: 614;;";",;'" Peed Document Date: #ttV/,C;':.24> ;)-e<';J '" Signer(s) Other Than Named Above: A/orle /i-V Parce& IL- G-G' t ff -f./ -'I Number of Pages: / 9 , Capacity(ies) Claimed by Signer Signer's Name: W//I;AYk /.2. ("<-Jr--s'r'/Ic o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Facl o Trustee o Guardian or Conservator B"'Other: u.",~"f,"J OfJ:.'ar RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: t-<, ., _ ft}.cv y -, , I , I , -, , I , , , -, , , -, -, , , , -, I I , I I , I , I I ro 1997 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chalsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1.800-876.6827 CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT 'xO ,'<X'&t?A;;{'&t?~~~.cO.cO.&-.&-,c<"'5<'~=~'c{;>~~~~~~~~' ~ I, State of California } ss. County of ()rCM'ff I' I' I, I, I I' I,' ~ *' g ~ I, On "rf\ I 2-'3,2Ltl.'s before me, Date personally appeared -l)J 11/' (-L/1>1 /\- LM\ }J l5t ~L;,~( ttv~~:ofOfficer(e.g., "Jane Doe,Nola Name(s)of Signer(s) Public") j)<I:Personally known to me :J proved to me on the besis of satisfactory evidence to be the personM whose name(Yl-- is/...... subscribed to thf! -within instrument and acknowledged to me that he/sRellhey'executed the same in his/~r authorized capacitY(i~ and that by his/Rell'theil signatur"'fl on the instrument the person~, or the entity upon behalf of which the persoOW acted, executed the instrument. I~----------- 'e" MARCIA BROWN _ Commission # 1326111 ,~ I. Notary Public . California ~ j Olonge County f _ _ _ ~:o:m:...~re~Oc~2~2~5 I, I, I' I, I I' I I' I I I, I I I WITNESS my hand and official seal. lY)OJ\&~ ~"- S'gnature of NOlary PubliC 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: Q.tik Iw <A bf eel ft.r P()..('l€. I f $-&5' ... $- H--'j Document Date: .JY:k;rck 2..~ dtiY~ Number of Pages: J'1 Signer(s) Other Than Named Above: c- I' I I I I I' I, I' I, I I LX$" Capacity(ies) Claimed by Signer Signer's Name: W I III Cl M A_ ttu s-h::v) [j Individual o Corporate Officer - Title(s): [i Partner - D Limited [J General D Attomey-in-Fact D Trustee o Guardian or Conservator [J-.Gther: . Top of thumb here Signer Is Representing: t-i1\/ ,qCu1C1.fe.r C.11y of ILJ sflt') - ,=~'%~~~~^%^%~~~ @ 1999 Na~onill Notary ASSOCIation' 9350 De 5010 Ave.. P.O. Box 2402' Chatsworth. CA 91313.2402. www,nalionalnolary.org Reorder: Call Toll-Free 1-800-876.6827 Prod No, 5907 'I .1 ,I ,I 'I '1 .j 'I .1 .1 .1 .1 I ,I I I I I I I .1 I .1 .1 I 'I 'I I I 'I 'I 'I 'I PSOMAS Legal Description Exhibit "A" Parcel II-G-S (Portion of Reuse Plan Disposition Site 16; portion of Carve-Out 8) 1 In the City of Tustin, County of Orange, State of California, being that portion of Lot 87 in 2 Block 46 of Irvine's Subdivision as shown on the map filed in Book I, Page 88 of 3 Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 4 39 inclusive of Records of Survey, all ofthe records of said County, described as follows: 5 6 For the purpose of this description the following Control Line is hereby established: 7 8 Control Line "F" 9 Beginning at the intersection of the centerline ofVon Karman Avenue with the centerline 10 of Barranca Parkway as shown on said Record of Survey, the centerline of Barranca 11 Parkway having a bearing of North 49019' 54" West between the centerline of Armstrong 12 Avenue and Von Karman Avenue; thence leaving said intersection North 40040'06" East 13 302.71 feet to the beginning ofa curve concave southerly having a radius of 1800.05 feet; 14 thence northeasterly and easterly 1825.01 feet along said curve through a central angle of 15 58005'2~"; thence South 81014'79" Fast 725. 96 fffi to the beginning ofa curve concave 16 northwesterly having a radius 1400.04 feet; thence easterly, northeasterly and northerly 17 along said curve 1958.72 feet through a central angle of 80009'37"; thence North 18 18035'57" East 1562.86 feel. 19 20 Parcel II-G-5 21 Beginning at a City Boundary Corner of the City of Irvine and the City of Tustin as shown 22 on said Record of Survey, said comer being the northwesterly terminus of that certain 23 course in said City Boundary having a bearing and distance of "North 49021 '01" West 24 3215.05 feet" as shown thereon; thence along said City Boundary South 49'21 '01" East Page 1 00 M:'2TUSDl 0500\!;urvey\Jegals\legal.parcel_ I1-G-S.doc 5.'5/02 I ;22 PM PSOMAS Legal Description Exhibit "A" ParceIIl-G-5 (Portion of Reuse Plan Disposition Site 16; portion of Carve-Out 8) I 742.13 feet to the most westerly comer of the land described as Parcel 2 in the Grant of 2 Easement recorded September 12, 1988 as Instrument No. 88-456310 of Official Records 3 of said County; thence leaving said City Boundary and along said easement boundary the 4 following three courses: 5 1) North 40039'59" East 5.00 feet; 6 2) South 51043'26" East 96.58 feet; 7 3) South 56010'26" East 117.45 feet; 8 thence leaving said easement North 40040'06" East 465.82 feet; thence 9 North 49019'54" West 172.50 feet; thence North 40040'06" East 394.09 feet; thence 10 North 49019'54" West 467.56 feet; thence South 64000'23" West 540.77 feet to the II beginning of a curve concave southeasterly having a radius of 1354.04 feet; thence 12 southwesterly 249.24 feet along said curve through a central angle of 10032'49"; thence 13 North 53034'01" West 234.67 feet; thence North 03021'36" East 656.88 feet; thence 14 North 01025'36" West 163.96 feet to a point on a line that is parallel with and distant 60.00 15 feet westerly from saId Control Line "1''', said point being the True Puilll OJ Begjnnillg; 16 thence along said paral1elline North 18035'57" East 526.06 feet; thence leaving said 17 parallel line West 180.20 feet; thence South 01025'36" East 498.74 feet to the 18 True Point Of Beginning. 19 20 Containing 44,922 square feet or 1.03 acres, more or less. 21 22 As shown on Exhibit "B" attached hereto and by this reference made a part hereof. 23 24 Page 2 of3 M :\2TUS01 0500\;;urvey\legals\legal-parceUI-G-5-doc 5/5/02 1 :22 PM iPSOMAS Legal Description Exhibit "A" ParceIII-G-5 (Portion of Reuse Plan Disposition Site 16; portion of Carve-Out 8) 2 Prepared under my supervision. 3 4 5 6 L L. a.~ C"_ .."C.>,- 7 Walter A. Sheek P.L.S.4838 8 Expires: 9/30/04 ~ ~ ~_.~ Date ;=-)" . .ii / if '\--)~~. ; "..,., Izl.o~az., " ~ '..-....__.-".....~.._._-.--. Page 3 00 M ;".2TUSOI 0500\survcy\legals\legal-pucel_II-G_5.doc 5/5102 1:22 PM ~ o 250' 500' L ............., SCALE: 1"-500' w is. ~'" ~~ /J/ " " i.> ~, .~f/ .:1 . ~ EXHIBIT B \ \ PARCEL I SEE SHEET 2 )f ~- "i.~. ~~ \ \ It!! .!. ~ Ii RS 07-1O"ffi ME. 160/3"1-30 IRVINE's SUBDIVISION MRM lIBB I ,of .?' "....;/ .....f .J>\~~/\Y / I l . , I -'~"- i=-=-= ~ AW.- - - - - - J I . I I i I . ! i BNIWCl\ -f~ ----'!;-- - N49'9'~""W AFIMSIRONQ __A~ r"\'EN\JC ' I DESCM"nOM: I'AfttEl. q.....g..5 (Partloll 01 ...... "- ~.1tIcn Slt8 II; parilon .t c--o...t Ill) ElEETHP 2 SCALE 18. 1.00' ORAf'TEO SA! CHfO<EO WAS DA.lE ,\PAll. 2002 ." NUMBER 2nJS010500 T2 MCAS TUSTIN PSOMAS 3111........_ ... .. ~"""CAta2e (71417517mr..(n.)~ ." 1. . ,("--PARCEL n-G-5 ti~ ~ ' .OJ Acres t,; ... .. ni WEST 180.20"1~ II '''-- " C11 '" ~,' I" o !" ;; 8 z <OJ- ;:"J'O P.O.B. peL tl-C-5 " "- '" EXHIBIT B I / h....'.A (I!: (J CV~ ! I} ftAI-Iot- '- .. <-OJ- 6'.> '-- CONlROL LN5,.. JRVII'IE'S T.P.O.B. SUBDIVISION PeL P-C-5 JvLRJvl 1/88 '-. '- R.SB. -J8-5/31~30 "'~ RSB. -J2j43 , ~ NOT A PART ~ " // r.. " / "'< 7, Oc .' '- 1- /..' "-, /' ~& / / / ~~ . tt"'<S~""~': ~ 1-"~' //~~ -~~.~'!. (RAD) P.O.B. PeL II-C 5 / / / .' ,'." <", ~ , ;" r 1 QO' 200' t SCALE; 1"-200' <0, /'" 6 :!<r~. ?~. oS'. ''-, , '- , , " , NOT A PART " <-OJ- 6'D NOT A PART .. ,. ''''''4','' /<;HY .:. DtSC1tPlll)ot PMCIl. "'0-' (Portlan of It.... PbI ~ Sh ,,, ~ol'~te) SCALE """'" &EET2Cfl2 PSOMAS JII1I1W.~ ... '" c..t..... CA t2I4t (114)151-7373 "'el<(114)N&-MJ MCAS- TUSTIN DA11t .roll HUUIKFl :l1\JSOIOllOO 12 PSOMAS Legal Description Exhibit "A" ParcelII-H-9 (Portion of Reuse Plan Disposition Site 27; portion of Carve-Out 8) In the City of Tustin, County of Orange, State ofCalifomia, being those portions of Lots 2 87,88,89 and 90 in Block 46 of Irvine's Subdivision as shown on the map filed in Book I, 3 Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 4 31 through 39 inclusive of Records of Survey, all of the records of said County, described 5 as follows: 6 7 For the purpose of this description the following Control Line is hereby established: 8 9 Control Line "F" 10 Beginning at the intersection of the centerline ofVon Karman Avenue with the centerline 11 of Barranca Parkway as shown on said Record of Survey, the centerline of Barranca 12 Parkway having a bearing of North 49019' 54" West between the centerline of Armstrong 13 Avenue and Von Karman Avenue; thence leaving said intersection North 40040'06" East 14 302.71 feet to the beginning ofa curve concave southerly having a radius of1800.05 feet; IS thence northc3stcrly and e:!merly 1825J)1 feet :!Iongsaid curve thr<mgh a central angle of 16 58005'25"; thence South 81014'29" East 725.96 feet to the beginning ofa curve concave 17 northwesterly having a radius 1400.04 feet; thence easterly, northeasterly and northerly 18 along said curve 1958.72 feet through a central angle of 80009'37"; thence North 19 18035'57" East 1562.86 feet. 20 21 ParcellI-H-9 22 Beginning at a City Boundary Comer of the City of Irvine and the City of Tustin as shown 23 on said Record of Survey, said comer being the northwesterly terminus of t?at certain 24 course in said City Boundary having a bearing and distance of "North 49 ' 11 '0 I" V, est Page 1 on M :\2TUS010500~urvey\lega]s\legal.parce]_ I1.H-9.doc 5/:5/021:26PM PSOMAS Legal Description Exhibit "A" Parcel II-H-9 (portion of Reuse Plan Disposition Site 27; portion of Carve-Out 8) 3215.05 feet" as shown thereon; thence along said City Boundary South 49.21'01" East 2 742.13 feet to the most westerly comer of the land described as Parcel 2 in the Grant of 3 Easement recorded September 12, 1988 as InstrUment No. 88-456310 of Official Records 4 of said County; thence leaving said City Boundary and along said easement boundary the 5 following three courses: 6 I) North 40039'59" East 5.00 feet; 7 2) South 51043'26" East 96.58 feet; 8 3) South 56010'26" East 117.45 feet; 9 thence leaving said easement North 40040'06" East 465.82 feet; thence 10 North 49019'54" West 172.50 feet; thence North 40040'06" East 394.09 feet; thence 11 North 49019'54" West 467.56 feet; thence South 64000'23" West 208.65 feet to the 12 True Point Of Beginning; thence continuing South 64000'23" West 332.12 feet to the 13 beginning of a curve concave southeasterly having a radius of 1354.04 feet; thence 14 southwesterly 249.24 feet along said curve through a central angle of 10032'49"; thence 15 North 53034'01" West 234.67 feet; thence North 03021'36" East 656.88 feet; thence 16 North 01025'36" West 163.96 feet to a point on a line parallel with and distant 60.00 feet 17 westerly from said Control Line "F'; thence along said parallel line North 18035'57" East 18 526.06 feet; thence leaving said parallelline East 519.30 feet to a line bearing 19 South 01002'16" West and passing through the true point of beginning; thence along said 20 line South 01002'16" West 1183.07 feetto the True Point Of Beginning. 21 22 Containing 867,380 square feet or 19.91 acres, more or less. 23 I' As shown on Exhibit "B" attached hereto and by this reference made a part hereof. 24 , Page 2 of3 M :\2TUSOI OSOO\survey\legals\legal-parcel_ I1-H-9 .doc 5/5102 I ;26 PM PSOMAS Legal Description Exhibit "A" Parcel II-H-9 (portion of Reuse Plan Disposition Site 27; portion of Carve-Out 8) Prepared under my supervision. 2 3 ~ lJ.t c....~.J 4 Walter A. Sheek P.L.S.4838 5 Expires: 9/30/04 ~Ue -Dlfe' '- Page 3 of3 i~'jttr:.1 (;)1!f!:J1J< ij.,,",,,,~#! L-..__ ----! M:\2TUSOIOSOOl.survey\legab\legal-parcel_U.H_9.doc 5/5/02 1.26 p~ .~ EXHIBIT B \ \ \ 250' ~O' , ""'.-i AlE: '"=500' PARCEL 11-1+9 SEE SHEET 2 RS {)7-10i5 R.S.B. 166/31-30 IRVINE'S SUBDIVISION MRM 1/BB , ,i I ~.-t ~~~ <J>'~~/>T / '1),/ f"'. .' " :0/ .;.l'i 117 g l" 8. ~~ z I f ! i IAItWlCA ~_y ! -fN~':"'W -~~..~-----i==~~------! ~=<Qi ' DESCRlPnON: PARCEl.. II-H '(porUan fill RM-. '11III ~ SIt. 27: pcriIan .r Ccrw-OIt 8) fIH!ET 1 OF 2 SCALE 1.... 400' ! I ! ! I i I ! MCAS TUSTIN PSOMAS '-l.,ii'';:G;U ;,:"'8 "'i'f;:;;r;;'''';.:,S :..)~ if_'-;;:j;I'. 2002 ~ NUMIOt :l;n,..S0105Ol;l n. '\111 <'''>11: ~_'.... ~'" ~~.. c"*"'........:..O.~ (714),..-n1::l'_1714'_ EXHIBIT B eTA PARr 1,:11 l< ~ I, ".\~l :, , ;j~r' ~LA,<> 4.<'? '\t.~ A S~~ ~ ~~'" ~+\~ -... ... LS 46.18 .* A~Z:0'.'~~J-- \.{''?''i'''--''''''<'-'';/ .....;'.J" '~Vl':"'.> <'0)- 1:; ..; ~ <9> / / ~, ,.3.... - I "...' ""\ u / / .' , <'0)- / , <9<9 , , / ~ , I "- /' ~ / '" ~ ~ r',,!,F\:.l'jj, l;-ir ]i., of) ":3 r " -'I r PARCEL II-H-9 "- 19.91 Acrn ~ 'I / '1sL;?iK /" /1 :! ~ ~ 46 y lqo' 200' I SCAlE: '--200' J, TJ'i;U,. . FAf.:CrL"''''i'i-H .9 .:7f" , ~. ; , , ~ "" -... 1./ .:,::,:\ "~~' ""'i!-.....tFJ\.. \ 'of t!:!o~i..1..0)lt (RAll) (0)- ""- NOT A 6'D MCAS TUSTIN PSOMAS '"s".,: I, ~':.o:;.. .;' 1 t '..s~e/. ,,/' ii. ,; - (.j, ~,;' /-?Jd/Y 01. " '/~:,,/:r~~J' Ii , 1 ~ ! I I i . i I!tIZr 2 OF 2 SCALE )""200' DRIJ'1It) SAIl CHECKW WAS DAlE APflIL. 2002 ..,. NUNBER 2TVS010~ T2 '. ".. PCI 2 ,,,,..r. ".. JIi ~;,;t:.i1\J , " " '" DESaUP~~ PARCEl. .-M-I (PerlIM etf 1lMI.. ...... ~UoeISH. 27; porllgnof~Ou,.) '1.7....~ ... '" c.a.>>-'CAI2I2I (11417'5l-7311 ,.~(7141~'"