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03-72538.06
C. The GRANTOR has completed remedial actions on the property at MCAS Tustin
to be conveyed to GRANTEE that are necessary to provide the covenant required by the
Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") 42
V.S.C. Section 9620 (h)(3)(A)(ii)(I); and
B. The GRANTOR is authorized to convey property at MCAS Tustin to the
GRANTEE pursuant to the Base Closure Act; and
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
WHEREAS
RECITALS:
QUITCLAIM DEED A AND ENVIRONMENTAL
RESTRICTION PURSUANT TO CIVIL CODE SECTION 1471
This DEED is made this 13~ay of J.t.j J 2002, by the UNITED
ST A TES OF AMERICA, acting by and ~hr~;J 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"),
Space Above This Line Reserved for Recorder's Use
DOCUMENTARY TRANSFER TAX $1lc; ~
o Computed on full value of property conveyed, or
o Computed on full value less liens & E~ncumbrances
remaining thereon at time of sale.
111111111111111111111111111111111111111111111111111111111 NO FEE
20020404591 04:30pm 05/14/02
107 23 010 R29 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
Recording requested by and
when recorded mail to:
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk-Recorder
I) 1)
~ -
EXECUTION VERISON
5/10/02
CITY OF TUSTIN OFFICIAL BUSINESS
REQUEST DOCUMENT TO BE RECORDED
AND TO BE EXEMPT FROM RECORDING
. FEES PER GOVERNMENT CODE 6103
MCORDING REQUeSTED BV
P\RST AMERICAN TITLE COMPANY'
IUBDIVI&lON DEPARTMENT
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MCAS TUSTIN QUITCLAIM DEED A
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D. 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
("FaST") dated September 28, 2001; and
E. 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
F. Pursuant to California Civil Code ~1471, GRANTOR has determined that it is
reasonably necessary to impose certain restrictions on the use of the Property 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 25.3 acres, more or less (hereinafter "Property"), as more
particularly described as Parcel Parcel I-A-l in Exhibit "A."
1. TOGETHER WITH:
1.1. All buildings, facilities, roadways, rail lines, and other infrastructure, including
the entire MCAS Tustin storm drainage systems, sewer systems, and the electrical, natural gas,
telephone, and water utility distribution systems located thereon, 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. 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:
2.1 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.
03-72538.06
MCAS TUSTIN QUITCLAIM DEED A
Page 3
1 2.2 A FaST has been completed and an Environmental Baseline Survey ("EBS")
2 report is referenced in the FOST. The FOST and EBS reference environmental conditions on the
3 Property and on other property not subject to this Deed. GRANTEE acknowledges that it has
4 received copies of the EBS and the FOST and that all documents referenced therein have been
5 made available to GRANTEE for inspection and copying.
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7 2.3 Except as otherwise provided herein, or as otherwise provided by law, the
8 GRANTEE acknowledges that it has inspected, is aware of, and accepts the condition and state
9 of repair of the Property, and that the Property is conveyed "as is" and "where is" without any
10 representation, promise, agreement, or warranty on the part of the GRANTOR regarding such
11 condition and state of repair, or regarding the making of any alterations, improvements, repairs
12 or additions. Except for the environmental remediation which may be required to be undertaken
13 by GRANTOR pursuant to paragraph 2.6 below, the GRANTEE further acknowledges that the
14 GRANTOR shall not be liable for any latent or patent defects in the Property except to the extent
15 required by applicable law.
16
17 2.4. Notices And Covenants:
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19 2.4.1. Notices: Hazardous Substance Notification. Pursuant to 42 U.S.C. ~
20 9620(h)(3)(A), and the provisions of 40 C.F.R. part 373, the Grantor has made a complete search
21 of its files and records concerning the Property and hereby gives notice that based on that
22 research no hazardous substances were stored, released, or disposed of on the Property.
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24 2.4.2. Grant of Covenant [CERCLA 42 U.S.C. Section 9620 (h)(3)(A)(ii)(I)].
25 The GRANTOR covenants and warrants that all remedial action necessary to protect human
26 health and the environment with respect to any hazardous substance remaining on the Property
27 has been taken before the date of transfer.
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29 2.4.3. Additional Remediation Obligation [CERCLA 42 U.S.C. Section 9620
30 (h)(3)(A)(ii)(II)). The GRANTOR covenants and warrants that GRANTOR shall conduct any
31 additional remedial action found to be necessary after the date of transfer for any hazardous
32 substance existing on the Property prior to the date of this Deed. This covenant shall not apply
33 to the extent that the GRANTEE caused or contributed to any release or threatened release of any
34 hazardous substance, pollutant, or contaminant.
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36 2.4.4. Access [CERCLA 42 U.S.C. Section 9620 (h)(3)(A)(iii)). In connection
37 with GRANTOR's covenant in 2.4.3 above and in connection with ongoing remediation on
38 GRANTOR's property adjacent to the Property, GRANTEE agrees on behalf of itself, its
39 successors and assigns, as a covenant running with the land, that GRANTOR, or its officers,
40 agents, employees, contractors and subcontractors, shall have the right, upon reasonable notice to
41 GRANTEE, to enter upon the Property in any case in which a response or corrective action is
42 found to be necessary at such property after the date of this deed or such access is necessary. to
03-72538.06
MCAS TUSTIN QUITCLAIM DEED A
Page 4
1. carry out a response action or corrective action on adjoining property. Neither GRANTEE, nor
2 its successors and assigns, shall have any claim on account of such entries against the United
3 States or any of its officers, agents, employees, contractors or subcontractors. The right to enter
4 shall include the right to conduct tests, investigations and surveys, including, where necessary,
5 drilling, test-pitting, boring and other similar activities. Such right shall also include the right to
6 construct, operate, maintain or undertake any other response or corrective action as required or
7 necessary, including, but not limited to monitoring wells, pumping wells and treatment facilities,
8 and the installation of associated utilities. In exercising these rights of access, except in case of
9 imminent and substantial endangerment to human health or the environment, the GRANTOR (1)
10 shall give the GRANTEE reasonable notice of any action to be taken related to such remedial or
11 corrective actions on the Property, and (2) make reasonable efforts to minimize interference with
12 the on-going use of the Property. Furthennore, the GRANTOR and GRANTEE agree to
13 cooperate in good faith to minimize any conflict between the necessary environmental
14 investigation and remediation activities and the GRANTEE's use of the Property. Any
15 inspection, survey, investigation or other response, corrective or remedial action undertaken by
16 GRANTOR will, to the maximum extent practical, be coordinated with representatives
17 designated by the GRANTEE.
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19 In connection with GRANTOR's remedial actions described above, GRANTEE agrees
20 on behalf of itself, its successors and assigns, as a covenant running with the land, to comply
21 with the provisions of any health or safety plan in effect during the course of any such action.
22
23 2.5. Indemnification Regarding Transferees. The GRANTOR hereby recognizes its
24 obligations under Section 330 of the National Defense Authorization Act of 1993 (Pub. L. 102-
25 484), as amended, regarding indemnification of transferees of closing Department of Defense
26 property.
27
28 2.6. Non-Discrimination. GRANTEE covenants for itself, its successors and assigns,
29 that it will comply with all applicable provisions of the Civil Rights Act of 1964, section 504 of
30 the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1975 in the
31 use, occupancy, sale or lease of the Property. The foregoing shall not be construed to prohibit
32 the operation of federal or state approved programs focusing on the special needs of the
33 homeless, veterans, victims of domestic violence and other classes of persons at risk; nor shall it
34 be construed to prohibit employment practices not otherwise prohibited by law. The GRANTOR
35 shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of
36 any land or interest therein in the locality of the Property hereby conveyed and shall have the
37 sole right to enforce this covenant in any court of competent jurisdiction.
38
39 3. FLOOD PLAIN NOTIFICATION: To the extent that any portion of the
40 Property lies within a floodplain as defined in Section 6( c) of Executive Order No. 11988,
41 Floodplain Management, dated May 24, 1977, construction, development and other uses of that .
42 portion of the Property could be restricted by the standards and criteria of the National Flood
03-72538.06
MCAS TUSTIN QUITCLAIM DEED A
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Insurance Program of the Federal Emergency Management Agency, or other applicable
regulations.
4. 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 F ederal 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.
5. 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.
6. 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
03-72538.06
MCAS TUSTIN QUITCLAIM DEED A
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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
7. EXHIBITS. The following exhibit is attached hereto and made a part of this
Quitclaim Deed:
7.1. Exhibit "A" Legal Description and Plats of Property
[Signature Page Follows]
03-72538.06
MCAS TUSTIN QUITCLAIM DEED A
Page 7
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.
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32 Attes~t. .
33 - .
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3~amela Stoker
3 City Clerk
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38 Approved as to Form:
39 -(.~
40 ~ . /
41 Lois Jeffre, .
42 City Attorney
By:
UNITED STATES OF
acting by and through
'-i1~i1U:-
Real.Estate Contracting Officer ~ Pa.u
Base ~ei1ent & Closure Office
Dated: r. / 3!o 2-
/
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
By:
~
William A. Huston
City Manager
Dated: ~ / 1 ;2 {)() 2..
03-72538.06
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
, before me,
}ss.
State of California
County of
fhvb-CL
On s- 13-D~
Date
LDH-1T
(\1bT~ ,
U<L..
personally appeared
W\LUA-m
Name and Title f Officer (e.g., "Jane Doe, tary Public")
f+ ~ t-L-tA Sit) N. -
Name(s) of Signer(s)
~ personally known to me
o proved to me on the basis of satisfactory
evidence
_.-"'"----rfI;---,
BEVERLEY WHITE
~ e Commission * 121MZS
j. Notary Public - Canfanla ~
z Orange Coun1Y I
i _ _ _ ~~~_~1~~
to be the persontt) whose name('SGare
subscribed to the within instrument and
acknowledged to me J~t@he/they executed
the same in ~er/their ~thorized
capacity(~), and that by ~er/their
signature(\f on the instrument the person'(6), or
the entity upon behalf of which the person~)
acted, executed the instrument.
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 Drn,u~ ~ ~ r J n _ /J /)
Title or Type of Document: )'L..I Unt../ f\JL.I-LOV!-r
Document Date:
~t)f\J.e.
Number of Pages:
-1
Signer(s) Other Than Named Above:
N(A-
Capacity(ies) Claimed by Signer
_~gner's Name:
'tlr 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: ~ D() ~
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
@ 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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
On
S-r3-D~
, before me,
Wl~A-.m
} ss.
County of
0f0A.Vb-C2-
Date
N\)Ti+e~ R (5
Notary Public")
CL
personally appeared
D personally known to me
~ proved to me on the basis of satisfactory
~vidence
~r'"-f'"--"'---(f"-""~I
BEVERLEY WHJTE
@ Commbslon It 1216423
j. Notary Public - Canfomia I
J ~C~ I
__ _ _ _My~m,:,.~es_~l:~
to be the person(s) whose name(~(J8lare
subscribed to the within instrument and
acknowledged to me~tQhe/they executed
the saQ1y- in <bl,sa1er/their A.uthorized
capacityQ)ls), and that by Qj,$>/her/their
signature~ on the instrument the person~), or
the entity upon behalf of which the personlt~)
acted, executed the instrument.
WITNE
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 Doc~l'!lept J. _~. :.. "14- /J ... .: l f\ .. _n ^
Title or Type of Document: ~ ~ f0'-L'-O'C. 1-'
(
Document Date:
N-{) N e-
Number of Pages:
Signer(s) Other Than Named Above:
l\t ( (1-
Capacity(ies) Claimed by Signer
~igner'S Name:
Individual
Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
~~
@ 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
PS OMAS
Legal Description
Exhibit "A"
ParceII-A-l
(Portion of Reuse Plan Disposition Site 33)
ParceII-A-l
2 In the City of Tustin, County of Orange, 'State of Cali fomi a, being all that portion of the
3 land noted as Parcel TP-6A described in the Grant Deed recorded May 1, 1992 as
4 Instrument Number 92-287556 and all that portion of the land described the Grant Deed
5 recorded October 27, 1997, as Instrument Number 19970536329, both of Official Records
6 of said County, in Block 62 of Irvine's Subdivision as shown on the map filed in Book 1,
7 Page 88 of Miscellaneous Record Maps, and as shown on the map filed in Book 165, Pages
8 31 through 39 inclusive of Records of Survey, all of the records of said County.
9
10 Excepting therefrom the following
11
12 Parcel lOA
13 A strip of land 40.00 feet in width described as follows:
14
15 The northwesterly 40.00 feet of the land described in said Instrument Number 92-287556.
16
17 The side lines of said strip shall be lengthened or shortened so as to terminate northeasterly
18 at the southwesterly boundary of the land described in Exhibits A-I through A-3 of
19 resolution No. 85-79 of the city Council of the City of Tustin recorded as Instrument No.
20 85-269319 of Official Records of said county, and so as to terminate southwesterly at the
21 northeasterly line of parcel 2 in the easement deed to the City of Tustin recorded as
22 Instrument No. 83-401960 of Official Records of said County.
23
24 Containing 1,102,221 square feet or 25.30 Acres more or less
Page 1 of2
f:\surveys\2tusOl 0200\reports\renumbered parcels\legal-parcel i-a-I.doc 4/30/02 11:44 AM
PS OMAS
Legal Description
Exhibit "A"
ParceII-A-l
(Portion of Reuse Plan Disposition Site 33)
2 As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
3
4 Prepared under my supervision
5
6 UdJiA C, =~.\..
7 Walter A. Sheek P.L.S.4838
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12
~ 3D '2<<>.2-
Date
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Page 2 of2
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