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Home My WebLink About1959-04-10 - Quitclaim THE EDWARD LUSTGARTEN FOUNDS z FORM 1085--56 9 � BccrA680 PacEF, .- SPACE ABOVE THIS LINE FOR RECORDER'8 - QUITCLAIM DEED El1tILT0Ii STREET BRIDGR APPROACH, IN CONSIDERATION of One Dollar receipt of which is hereby acknowledged ��s Parcel ND, 1 �b THE EDWARD LUSTGARTEN FOU ATION, a non-profit corpora on, �as to an undivided one-third interest _ do e8 hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CITY OF HUNTINGTON BMW, a municipal corporation, �/51 all that real property in the City of Huntington Beaoh, County of Orange, State of California, described as: Parcel It Lots 19 and 21 of Tract No, 193 as shown on a Map recorded in Book 12, Page 49 of Miscellaneous Maps, records of Orange County, California, Parcel 2t That portion of the Westerly half of Lot C lying between the extended North and South lines of Lot 21 of Traot NO. 193, as shown on a Map re- corded in Book 12, page 49 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom all oil,, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatwoerer name known that may be within or under the parcels of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from. said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hersinabove described, oil or gas wells, tunnels and shafts into., through or across the subsurface of the land hereimbove described, and to bottom such whipstooked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits theroof, and to redrill, retunnel, *quip, maintain, repaid, deepen and operate any such wells or mines, without, however, the right to drill, mine, explore and operate through the surface or the upper 100 feet of the subsurface of the Sand hereinabove described or otherwise in such manner as to endanger the safety of any highway that may be constructed on said lands. Dated: April 10, 1959 ME SWARD LUSTGART$N FO - -- - prof eor oratio 0 P n (Corporation) B i ielE en r STATE OF CALIFORNIA B COUNTY OF I'S?$ SS. .-- el.e...s ----------------- ---JJJ on.............April iD-S-...959..............before me,the under- signed,a Notary Public in and for said County and State,personally SPACE BELOW FOR RECORDER'S USE OMLY w appeared--,.. Edw rd.-lualzarten- ---- -------------------- w known twine to be the ..------..President, and.................----------------------- �j x y�,' m s l+�hAZ'- -1 = T -g x. e ---------_----.,known to me to be d - ' --Secretary of the corporation that executed the RECORDED AT REQUEST OF within Instrument,known to me to be the persons who executed the NGTON BEACH within Instrument on--behalf of the corporation therein named, and „— CITY OF NUNTi acknowledged to me that such corporation executed the within instru- Llc�( � merit pursuant to its by-laws or a resolution of its board of directors. WITNESS.my hand and official seal. 1 APR 2 0 1959 pp/] f AT_.S_____ ,niN.PF,s7____[1_TM a ORAWFIC O�N Y CAL1�=0RhlIA (seal) ------.. - -. �::--_+tee.-. -Lt 5� ------ Notar Public in and for said Count and State 524 5.58 y y OUNTY�ROER AFTER RECORDING MAIL TO FREE Order No. r I Land Acquisition n Service ice KIMBERLY 3-5548 JL KI 3-9 o.0 s APPRAISING AND NEGOTIATION 515 SOUTH BROADWAY SANTA ANA, CALIFORNIA April 16, 1959• t Rea HAMILTON STREET BRIDGE APPROACH, Parcel No. 1 City of Huntington Beach, City Hall, Civic Center, Huntington Beach, California. Fors Mr. John L. Hendricksen, City Administrator, Attentions Mr. James R. Wheeler City Engineer. Gentlemen: We are enclosing herewith quitclaim deed and right of way agreement, in duplicate, covering Parcel No. 1, executed by The Edward Lustgarten Foundation, a non-profit corporation, as to an undivided one-third interest, in connection with acquisition of necessary rights of way for the subject project. The agreement provides for payment of the sum of $220.00 for the property or interest therein, and it is our opinion that this is a fair and equitable settlement. If the above settlement meets with your approval, it is respectfully recommended thats 1. The City Attorney of the City of Huntington Beach approve the right of way agreement. 2. Quitclaim Deed Parcel No. 1 be accepted by the City Council, and the above settlement in the amount of $220.00 be approved, 3. A warrant be authorized for issuance in the above amount in favor of said grantor; delivery of said warrant to be delayed pending notice from this office as to distribution of the settlement, and that the above deed conveys adequate title to the right of way acquired. -2- City of Huntington Beach, Land acquisition Service, For: Bar. John L. Hendricksen, April 16, 1959. Attention; Mr. James R. Wheeler 4. The Mayor be authorized to execute the original and copy of the enclosed agreement, and return the copy to this office. The original to be retained by the City Clerk for his files. It is requested that this office be notified of the recording date of the quitclaim. deed. Very truly yours, LAND ACQUISITION SERVICE, Q�c -,+a4 Edward W. Pape. Eet Encl. HMILTON STREET BRIDGE APPROACH Parcel No. l RIGHT OF WAY AGREBONT deed` covering Parcel No 1-,of Hamilton Street Bridge Approach project of the City of Huntington Beach and the property more particularly described in the above instrument, has been executed and delivered to Mr. Edgard We Pape, Right of Way Agent for the City of Huntington Beach. In consideration of which, and the other considerations 'hereinafter set" forth, it is mutually agreed as followss 1. The parties have herein set forth the whole of their agreemente The per- formance of this agreesent'.constitutes the entire consideration for said document and shall relieve the City;of Huntington Beach of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, 2. The City of Huntington Beach shall (A) Pay the,undersigned grantors the sum of $220e00 forte yrQQ_perty or interest therein as conveyed by above mentioned - I field within sixty (60) days after date title to said property vests in the City of Huntington Beach free and clear of all`liensj encumbrances, assessments, easements and leases (recorded 'arid/br. unrecorded) and taxes', excepts a Current general and special county and city taxes, if any, as follows: Both installments, if this agreement is dated between 1st Monday in March and November 1 of current tax year;; Or second installment if this agreement is dated between Noirember 1 aAd March 31 of the current tax year. In the event dates controlling payment of city taxes are different from the dates;controlling payment of county tares, the City of Huntington Beach shall take title subject to any non-delinquent'city taxes. From the amount shown in Clause 2(A) above, the City of Huntington Beach is authorized to pay any delinquent taxes, together with penalties and interest thereon, delinquent or non-delinquent assessments and/or bonds, b. Covenants, conditions, restrictions and reservations of record, if any. c. Easements or right of way over said land for utility or street purposes, if any. de The reservation of the use and control' of cisnegas and natural streams of water, etc., as contained in the deed, from The Starnes Ranchos Company, recorded February 15, 1889, in Book 30, Page 153 of Deeds. e„ The rights of the owners and ' snoumbrane ers of the land herein described, included within that certain oil and gas lease re- corded December 9, 1929, in Book 29, Page 26 of Leases. f. Right of gray for pipe line and incidental purposes as conveyed to Laguna Beach County Water District by deed', recorded. November 30, 1928 in Book 221, 'Page 76 of Official Records. -- (� 39 Grantors 'Tarrant that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantors further agree to hold the City of Huntington Beach harmless and reimburse the City of Huntington Beach for any and all of its losses and :expenses occasioned by reason of any lease of said property held by any tenant of grantors for a period exceeding one month. ; INXITNESS JEEREOF, the parties have executed this agreement this day off , 199• t THE EDqp LUSTG6RTEN FOUNDATION, a fit oor oration* B s la B : etar ry RECOMCMED FOR APFROVALs Bys-1-'-tL:�,4A(A)--Q. light of Way Agent F Byt C Y Attorney CITY OF HUNTINGTON BEACH By$ Y ATTESTr City