HomeMy WebLinkAboutDEED - PARCEL 5 (NAVY TO CITY HOMELESS SHELTER)
CITY OF TUSTIN OFFICIAL BUSINESS
DOCUMENT REQUIRED TO BE RECORDED UNDER GOVERNMENT
CODE SECTION 37393, AND ENTITLED TO FREE RECORDATION
UNDER GOVERNMENT CODE SECTION ~1Q3
~u;j
Recording requested by and ~ . St~
when recorded mail to: .
Space AI
Recorded in Official Record ,County of Orange
Gary Granville, Clerk-Recor er
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
2002000449311: 5am 01/03102
115 32 C38 010 12
0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00
City Manager
The City of Tustin
300 Centennial Way
Tustin, CA 92780
QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTI N
PURSUANT TO CALIFORNIA CIVIL CODE ~ 1471
ldol
This Deed is made this hftll-day of }e~er ,2001, b the
UNITED STATES OF AMERICA, acting by and through the Depart ent of the
Navy, (herein called "Grantor") in favor of the CITY OF TUSTIN, a m nicipal
corporation of the State of California ("Grantee").
RECITALS
A. The Defense Base Closure and Realignment Commission's
recommendations for 1991 included the closure of the former Marin
Station, Tustin ("the Installation").
B. In accordance with the Base Closure Community Redevelop ent and
Homeless Assistance Act of 1994, Grantee adopted a redevelopme t plan for
the Installation. A component of that plan calls for the Grantee to ac uire a
parcel of approximately 5.11 acres improved with two residential stru tures for
subsequent lease to a non-profit homeless assistance provider. Th provider, in
turn, plans to provide transitional housing and supportive services to the
homeless. The parcel is more particularly described in Exhibit "A" which is
attached hereto and made a part hereof as if set out at length (the" roperty").
Grantee and the homeless assistance provider have entered into a I gaily
binding agreement dated October 1996, as amended February 1997 to
implement this component of the redevelopment plan (the "Binding greement").
The plan was approved by the U.S. Department of Housing and Urb n
Development on March 24, 1998.
C. In accordance with the provisions of the Community Environ ental
Response Facilitation Act, Grantor prepared an Environmental Baseline Survey
(EBS) for the Installation dated April 1994. On March 12, 1998, the alifornia
Department of Toxic Substances Control concurred with Grantor tha no
hazardous substances or petroleum products or their derivatives wer known to
have been released or disposed of on the Property. In February 200 ,a
Basewide EBS was issued which supplements the 1994 EBS. A Fin ing of
Suitability to Transfer (FOST) regarding the Property was executed 0 August
29, 2001. Grantee acknowledges that it has received copies of the E Sand
FOST, together with all documents referenced therein.
CONVEYANCE, COVENANTS AND CONDITIONS
1. Grantor, in consideration of the foregoing, the performance by rantee of
its covenants, conditions and restrictions hereinafter contained and 0 her good
and valuable consideration, the receipt of which is hereby acknowled ed, does
hereby remise, release and forever quitclaim to Grantee, its success rs and
assigns, any and all right, title and interest in and to the Property, tog ther with
all improvements and appurtenances thereon, reserving only such rig ts which
the UNITED STATES OF AMERICA has in and to the Property as m yarise
from the operation of the covenants, conditions and restrictions of thi deed.
2 Grantee covenants for itself, its successors and assigns, that i will utilize
the Property in accordance with the Binding Agreement.
3. In accordance with the provisions of 42 U.S.C. ~ 9620(h)(4 )(A) Grantor
has identified the Property as one on which no hazardous substance and no
petroleum products or their derivatives are known to have been relea ed or
disposed of. The Department of Toxic Substances Control of the Sta e of
California has concurred with this identification.
4. Grantor covenants that any response action or corrective actio found to
be necessary after the date of this deed shall be conducted by the U ited States;
provided, however, that the foregoing covenant shall not apply with r spect to
any release or threat of release caused by Grantee or its successors r assigns.
If, and to the extent it is applicable, Grantor's obligation to indemnify nd hold
harmless the Grantee against toxic torts and other environmental clai s shall be
in accordance with Public Law 102-484, Section 330, as amended.
5. In connection with Grantor's covenant made in paragraph 4, G antee
agrees on behalf of itself, its successors and assigns, as a covenant unning with
the land, that Grantor, and its officers, agents, employees, contractor and
subcontractors, shall have the right, upon reasonable notice to Grant e, to enter
upon the Property in any case in which a response or corrective actio is found
to be necessary at such property after the date of this deed, or such ccess is
necessary to carry out a response action or corrective action on adjoi ing
property. Neither Grantee, nor its successors and assigns, shall hav any claim
on account of such entries against the United States or any of its offi ers,
agents, employees, contractors or subcontractors.
6. The right to enter described in paragraph 5 shall include the ri ht to
conduct tests, investigations and surveys, including, where necessa , drilling,
testpitting, boring and other similar activities. Such right shall also in lude the
right to construct, operate, maintain or undertake any other response or
corrective action as required or necessary including, but not limited t , monitoring
wells, pumping wells and treatment facilities. Any such entry, includi g such
activities, response or corrective actions, shall be coordinated with th Grantee
or its successors and assigns, and shall be performed in a manner w ich
minimizes a) any damage to any structures on the Property and, b) a y
disruption or disturbance of the use and enjoyment of the Property.
7. In connection with Grantor's remedial actions described in pa agraph 5,
Grantee agrees on behalf of itself, its successors and assigns, as a c venant
running with the land, to comply with the provisions of any health or s fety plan
in effect during the course of any such action.
8. Grantee covenants for itself, its successors and assigns, that i will comply
with all applicable provisions of the Civil Rights Act of 1964, section 5 4 of the
Rehabilitation Act of 1973, and the Age Discrimination in Employmen Act of
1975 in the use, occupancy, sale or lease of the Property. The foreg ing shall
not be construed to prohibit the operation of federal or state approve programs
focusing on the special needs of the homeless, veterans, victims of d mestic
violence and other classes of persons at risk; nor shall it be construe to prohibit
employment practices not otherwise prohibited by law.
9. Notice under or related to this deed shall be in writing and shall be
address-eBfb the addressees sefoufbelow or to such addresses as .ay from
time to time be identified by the parties. Such notice may be delivere by hand,
express delivery, overnight courier or pre-paid registered or certified ail, return
recei pt requested.
If to Grantor:
BRAC Operations Office
Attn: BCM Tustin
Southwest Division
Naval Facilities Engineering Command
1220 Pacific Highway
San Diego, CA 92132-5190
If to Grantee:
City Manager
The City of Tustin
300 Centennial Way
Tustin, CA 92780
And to:
Office of City Attorney
The City of Tustin
300 Centennial Way
Tustin, CA 92780
10. Exhibits. This Deed contains the following exhibit:
Exhibit "A" - Legal Description and Plat of the Property.
[SIGNATURE PAGE FOllOWS]
IN WITNESS WHEREOF, the Grantor has duly executed this Qeed as of
the date first above written.
UNITED STATES OF AMERICA
Acting by and thro gh the
Department of th avy
.....
By
WI LIAM R. CARSILLO
Real Estate Contracting Offider
Base Realignment & Closure Office
ACKNOWLEDGMENT OF GRANTEE'S COVENANTS
TO INDICATE ACCEPTANCE of its covenants and agreement~ contained
in this deed and receipt of the documents described in paragraph C above,
Grantee has executed this document on the date written below.
Dated:
/vlf/
(
CITY OF TUSTIN
By j/4#/u4tf~
WILLIAM A. HUST N >12. i . _ _~. (). ~
City Manager U~~
ffl-U
J1i&~
~AMELA STOKER
U - City Clerk
Approved As To Form:
~~~
LOIS E. JEFFRE . ~
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
~/\.>.- )
County of
rv--.,\. \:7~ ~
} 55.
On
\ d-\~ \LA
Date
,before me, ~-~,...:) A~ ~{.....~ ~ ")D~~ ~....~~.
Name and Title of Officer (e.g., "Jane Doe, Notary Put)lic")
personally appeared \../J 2. \..A.~.Atv\ ~. (" ____^- tc ~a:. LLo
Name(s) of Signer(s)
o personally known to me
~proved to me on the basis of satisfactory
evidence
i---'~~-"""-~~'
~.". STEVENA. WAGNER
. -. . Commission # 1307424
~ ~ "~,'.. . " Notary Public - California ~
- """ r SIn Mateo County
. My Comm. Expires Jul1 , 2005
to be the personp{ whose name(}r1' is/ye
subscribed to the within instrument and
acknowledged to me that he/s~/t~y executed
the same in his/h(r/t~r authorized
capacity(i1s), and that by his/hpflthjrl'f
signature?? on the instrument the person(&f, or
the entity upon behalf of which the person(p1
acted, executed the instrument.
Place Notary Seal Above
WITNES~,d fficial seal,.,!.
~~ .
- Signature of Notary 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\~V'L-(,., ~r--.. ~~ ..... 6N~~Al R.\;':?"rQLL.,T-or0
Document Date:
\d \ '-~\~\
Number of Pages: S f~r
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
I
N
@ 1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.nationalnotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Date
, before me,
~ \ LL\ ft--fYl
} 55
State of California
~Pb-~
County of
J~"" ~~~~H~- -I
- (t Commission 111216423z
~ ~ Notary Public - California ~
z -
J' !J'. I Orange County
:L;'r,~..~~~n.f~tvay16,~
{l- N~~r~n~~ Officer (e.g., "Jane D
Name(s) of Signer(s)
"M'persOnallY known to me
D proved to me on the basis of satisfactory
evidence
to be the person()Q whose name~re
subscribed to the wit~ instrument and
acknowledged to me jtta(beLahe/they executed
the same in ~er/their ~thorized
capacity~), and that by ~er/their
signature~ on the instrument theiperson~)" or
the entity upon behalf of which ~he person~)
acted, executed the instrument.
WITN~ my hand and 0 . ial
~
On I;), -I ;).-Di
personally appeared
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 docum$nt.
Description of Attach
Title or Type of Documen .
~~~
Number of Pages:
Document Date:
N(tt-
Signer(s) Other Than Named Above:
~IA-
Capacity(ies) Claimed by Signer
.~g. ner's Name:
tL Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
D Other:
Signer Is Representing: Cl T 'I 0+ T u. So Ti Y--i
@ 1997 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT "A"
PS OMAS
Legal Des'ciinti:Obt
Exlii bif "'.'A:'
,Parcel '5
1 In the City of Tustin, County of Orange, State of California, being that portion of Block 10
2 of Irvine's Su~division as shown on the map filed in Book 1, Page 88 of Miscellaneous
I' 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 Parcel 5
7
8 Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of
9 Valencia'Avenue as shown on said Record of Survey, tqe centerline of Red Hill Avenue
10 bet~een Valencia Avenue and Warner Avenue Bears North 40037'39" East for the purpose
11 of this description; thence South 49020'07" East 1 03.q5 fee~; thence
, l~ South 40039'53" West 52.00 feet tOtthe true point ~f beginning; thence
13 South 49'020'07" East 3.18 feet to the beginning of a curve concave southwesterly having a
14 radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central
15 angle of 1054'51" to the beginning of a compound curve concave southwesterly having a
16 radius of 42.00 feet, a radial line to said beginning bears North 42034'44" East; thence,
17 southeasterly along said curve 11.95 feet through a central angle of 16018'19"; ~ence
18 South 31,006'57" East 31.73 feet to the beginning of a curve concave-northeasterly having a
19 ,-radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central
20 angle of 12042'56"; thence South 43049'53" East 61.09 feet to the beginning of a curve
21 concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve
22 14.33 feet through a central angle of 14009'14"; thence South 57059'07" East 36.66 feet to
23 the beginning of a curve concave southwesterly having a,radius of 42.'00 feet, thence
24 southeasterly along said curve 10.38 feet through a central angle of 14009'17"; thence
25 South 43049'50" East 9.46 feet to the beginning of a curve concave northeasterly having a
26 radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central
27 angle of 2032'29"; thence South 02051 '08'" East 23.41 feet; thence South 47019'39" East
Page 1 of3
\\costamesa2\DA T Al\Surveys,+tusOl 0200\reports\legal-Parce15.doc
12111/00 4:49 PM
PS OMA[
Legal Description
Exhibit ~'A"
Parcel 5
1 11.70 feet; thence South 40029'44" West 282.84 feet to the beginning of a curve concave
2 southeasterly having a radius of 362.00 feet; 'thence southwesterly and southerly along said
3 curve 214.11 feet through a central angle of 33053'18" to the beginning of a reverse curve
4 concave northwesterly having a radius of 14.50 feet, a radial line to said beginning bears
5 South 83023'34" East; thence southerly and southwesterly 21.89' feet along said curve
6 through a central angle of 86028'53"; thence North 86054'41" West 259.66' feet; thence
7 North 80023'59" West 76.58' feet to the beginning of a curve concave nort~erly havil1~a
8 radius of 25.00 feet; thence westerly 13.54' feet along said curve'through a central angle of
9 31001 '38"; thence North 49022'21" West 131.81 feet!o a line that is parallel with and
10 72.00 feet southeasterly of the centerline of said Red Hill Avenue; thence along said
11 parallel line North 40037'39" East 17.73 feet; thence leavil1g said parallel line
12 South 49022'2111 East 5.00 feet to a~line that is parallel with _and 77.0~ feet southeasterly of
13 the. centerline of said Red Hill Avenue; thence along said paraIlelline
14 North 40037'39" East 700.00 feet to a point lying South 85038'32" West 36.79 feet from
15 the true point of beginning; thence leaving said parallel line North 85038'32" East
16 36.79 feet to the true point of beginning.
17
18 Excepting therefrom the following described parcel:
19
20 Parcel ID
21 Beginning at the hereinbefore described true point of beginning for ParcelS; thence
22 South 49020'07" East 3.18 feet to the beginning of a curve concave southwesterly having a
23 radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central
24 angle of 1054'51" to the beginning of a compound curve concave southwesterly having a
25 radius o~ 42.00 feet, a radial line to said beginning bears No~ 42034' 44" East; thence
26 southeasterly along said curve 11.95 feet through a central angle of 16018'19"; thence
Page 2 of3
\\costamesa2\DA T Al \Surveys\2tusOI 0200\reports\Iegal-ParceI 5.doc
12111/00 4:49 PM
PS OMAS
Legal Description
Exhibit "A"
Parcel 5
1 South 31006'57" East 31.73 feet to the beginning of a curve concave northeasterly having a
2 radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central
3 angle of 12042'56"; thence South 43049'53" East 61.09 feet to the beginning of a curve
4 concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve
5 14.33 feet through a central angle of 14009'14"; thence South 57059'07" East 36.66 feet to
6 the beginning of a curve concave southwesterly havjng a radius of 42.00 feet, thence
7 southeasterly along said curve 10.38 feet through a central angle of 14009'17"; thence
8 South 43049150" East 9.46 feet to the beginning of a curve concave northeasterly having a
9 radius of 1452.04 feet; thence southeasterly along said "curve 64.40 feet through a central
10 angle of 2032'29"; thence South 02051'08" East 23.41 feet; thence South 47019'39" East
11 11.70 feet; thence South 40029'44" West 47.00 feet; thence,North 49019'54'" West
i
12 351.89 feet to ~ po~nt on a line paralJel with and 77.00 feet southeasterly of the centerline
13 of said Red Hill Avenue; thence along said parallel line North 40037'39" East 59.07 feet to
14 a point lying South 85038'32" West 36.79 feet from the point of beginning; thence leaving
15 said parallel line North 85038'32" East 36.79 feet to the point of beginning
-
16
17 Containing 222,511 square feet or 5.11 acres, more or less.
18
19
20 As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
21
22 Prepared under my supervision
23 A/& C~
24 Walter A. Sheek P.L.S.4838
/#/01
.
Date
Page 3 of3
\\costamesa2\DA TAl \Surveys\2tusOl 0200\reports\legal- Parcel 5.doc
12/11/00 4:49 PM
EXHIBIT B
r
OJF~J
-J-J 8 O/-J2
PARCEL 10
NOT A PART
N49.19'54"W 351.89 '
~I ':.t "DAli Z./21,/01
"' (1)
. N
W 0 co
-.t BEARING TABLE N --,
> to
N @ ""v 0
<( BEARING (1)3
ui = m
L1 S49.20 07 E 1"1 V CO
N:J"
L2 S31"06 57 'E Ol ----. CO
L3 S43" 49 53 E N >
0 --...
-I 0 L4 S57"59 07 [ v ----.
0 L5 S43" 49 50 E (f) 0 T"'
--1 0 L6 S02"51 08 E
0 cQ
I I' 'n. L7 S47"19'39"E
Ol L8 N40.37'39"E ~
0 , L9 549'22'21 E L/)
0 n -.t
I' <0 L10 N85.38'32 'E t:'O
W I' L11 N80. 3'59''W
a:- r:: 'I'
0) PARCEL 5 ~
,., (\.1
I
...... t 5.1 AC. T"'
,.,
(J)~
C)U> ~
Z""" m
O:.:a:i _1"1
L5~ I' CURVE TABLE
1"1
roO:: b @
-.t
L1-LO z RADIUS LENGTH DELTA
00 Cl 1348.04 45.04 01'54.51
9""- C2 42.00 11.95' 1 6. 1 8 1 9
(/) I C3 58.00 12.87 12.42'56
- "
(/)0) C4 S8.([)0 14.33' 14.09' 14" ,
<( C5 42.00' 10.38.. 14.09 17 CQ
co(/)
"- C,6 1452.04 64.40 02"32 29' Lll
0:: C7 14.50' 21.89 86.28 53"
w ,
0::= C8 25.00 13.54 31.01 38' cc:
w ml
a.. ;J
~ I'
I')
b
"<t
Z
r)r--
J\~
fJ 7 ~-J O-J6
r) r-- .)
J\J::J..D..
-J 1:) s:\; f"J-J f") r,
Ou 0 ---JOt.)
VALENCIA AVE.
N42.34' 44"[
PCC (RAD)
m
lO
...t
-.t
~
9
Ll)
"
LLl
~
~
~
[(
~
~
WARNER AVE.
~
o 50
I I
>
g
.;$ 'tJi
.p'
100
I
DESCRIPTION: PUBUC BENEFIT CONVEYANCE PARCEL 5
SHEET 1 OF 1
SCALE 1"=100'
DRAFTED RAT
CH[CKED LS
DA TE JUNE, 2000
JOB
NUMBER 2TUS010200
t
,j
I
f
j
l
SCALE: ,..= 1 00'
MCAS- TUSTIN
PSOMAS
3187 Red Hill AVllIlue
Slit. 250
~ta Uesq, CA 92626 .
(7H) 751-737J Fax(714)S45--BBBJ