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HomeMy WebLinkAbout1962-05-18 - Easement HUNTINGTON BEACH CO g2nURN TO ., Paul C. Jones, City Clerk ` City of Huntington Beach 1 l ``v RECORDED AT REgUEST OF California CCTV of HUNTIWON SEWA " ' IN OFFICIAL RECORDS OF, ORANGE-COUNTY, CALIF. ' !' f A f EASEt�iT DEED 9:05 AN JON s 1962 f RUBY McFARL.AND,Couri#y Recorder "`\ t FREE E Ad HUNTINGTON BEACH CCHPANY, a California Corporation, hereinafter called "Grantor", hereby grants to the CITY OF HUNT'INGTON BEACH, hereinafter called "City", upon the limitation hereinafter set forth an easement for streets and public utility purposes over those portions of land, lying in the Northwest one quarter (NW-,') of Section 2 and in the Northeast one quarter (NE4) of Section 3, Township 6 South, Range 11 West, San Bernardino Base and Meridian, more parti- cularly described as follows: PARCEL 1: A strip of land one hundred 100.00 feet in width, lying 50.00 feet to either side, measured at right angles,, from the West line of above mentioned Section 2 and the East line of above mentioned Section 3; being bounded on the North by the Northerly property line, and being bounded on the South by the Southwesterly Property line of that parcel of laud as described in a deed to the Huntington Beach Water Company by Huntington Beach Company as recorded in Book 303 Pages 229-231 of Deeds on file in the office of the County Recorder, Records of Orange County, California. PARCEL 2: That parcel of land lying Northwesterly of a curve, concave to the South- east., having a radius of 30,00 feet, and being tangent to the Easterly line of above described Parcel 1 and tangent to the Northerly property lime of the parcel of land recorded in above mentioned Book 303 Pages 229-231. PARCEL 3: That parcel of land lying Southwesterly of a carve, concave to the Northeaiit., d having a radius of 30.00 feet, and being tangent to the Easterly line of above described Parcel 1 and tangent to the Southwesterly property line of the parcel of land recorded in above mentioned Book 303 Pages 229-231. Y 1 Y � BOOK 613 8 PAGE 619 Excepting and reserving unto Grantor, its successors and assigns. for its and their benefit and the benefit oftheir present and future subsidiaries: and their respective successors and assigns, the right at W time and from time to time and at any place or places to lay, construct, reconstruct, replace, renew, repair, maintain, operate, change the size of, increase the number of, and remove pipe lines and appurtenances thereof.for the transportation of oil, petroleum, gas, gasoline, water or other substances and to construct, maintain, operate, re- pair., renew, add to and remove poles and overhead and underground wires, conductors, cables and conduits and appurtenances thereof over, under, along, and across said parcel (but is such manner as not to interefere unnecessari3y with the use of said easement for street purposes-); and City expressly covenants that the rights so reserved may be so exercised during all the time said easement is used as a public street, subject only to reasonable regulation by the proper authorities. Excepting to Grantor all right, title and interest in said land below a depth of five hundred ( ) feet below the surface thereof; and reserving to Grantor, its successors and assigns, all oil, gas,, asphaltum and other hydro- carbons and other minerals, whether similar to those specified or not, within or that may be produced from said land or any portion or horizon thereof. The Easement Deed over the foregoing parcels shall be subject to any ease- ments which have been granted by the Huntington Beach Company and is further subject to any operations required by BOWP, a partnership, in the maintenance and operation of their Reservoir No. 4 oil we11 over the easterly 30.0 feet of 235-.oa the southerly 135s8@-feet of the above described Parcel 1. This Easement Deed is made upon the express condition and covenant that Grantee shall use said land for streets and public utility purposes and for such purposes only; and upon the further express condition and covenant that if Grantee shall not improve, develop, or construct upon or otherwise put to use in a similar manner said land for said purposes within a six (6) months period following -3- BgoxU38 ea�E624 the date of execution of this instrument or if Grantee shall cease, terminate or otherwise discontinue such use for a continuous period of six (6) months then said easement shall terminate and be of no farther force or effect and said land shall revert to Grantor, its successors or assigns, without arW farther act by Granter required, and Grantor, its successors orassigns, shall have the right to reenter upon said land and take exclusive possession thereof and shall have the further and additional right to demand of and receive from Grantee a Quitclaim Deed to said land and all of the Grantee's right, title and. interest therein hereunder. This Easement Deed is given subject to.all valid and existing licenses, leases, grants, exceptions, and reservations affecting said premises, but,more particularly subject to the exceptions, reservations, lizitations, conditions and cov .ants hereinbefore made and each of theca. IN WITNESS WMEUF, Grantor has executed this Easement Deed this day of 1962. HMINGT€?N BEA Awl re ary STATE OF CALIFORNIA ) SS : COUNTY OF ORANGE ) On this 7th day of June 1962 before me Ernestina Di Fabio a Notary Public, personally appeared E. A. Hartsook, known to me to be the Vice President and J. F. Strachan, known to me to be the Assistant Secretary of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corpor- ation executed the same. 1�. Witness my hand and official seal. ERNESTINA DI FABIO-NOTARY PUBLIC [a and for the County of Orange,State of California My Commission Expires June 26, 1965 City Hall-Huntington Beach, Calif. { ` a d BOox U3 8 PAuE f 2 CONSENT BOMASP, a co-partnership, having its principal place of business at 3341 Cherry Avenue, Long Beach.. California, and the holder of.the interest of the Lessee under that certain oil and gas lease known as RHmatington Beach Lease", dated December 30, 19593, between Huntington Beach Coatipary, a corporation, as Lessor, and Elmer A. Olson and E. Randolph Smith, as Lessees, a memoraudum of which was recorded February 18, 1960, in Book 5106, Page 148 of Official Records of Orange County, California, which said-oil and gas lease covers and relates to land subject to the Easement Deed in which Huntington Beach Company grants an easement for street and public utility parposes over portions of said land to the City of Huntington Beach, a Municipal Corporation, does hereby consent to the granting of the foregoing Easement Deed dated 44w' day of ' , 1962 on the condition that said easement is subject to operations r aired by BOMASP in the maintenance and operation of its Reservoir 23ss:Q0 No. 4 oil well over the easterly 30.00 feet of the souther3y-3 5.90 feet of Parcel 1 of the subject Easement Deed. Dated this day of 1962. BoMaSp, a Co-Partnership, Assignee By: MACRATE OIL COMPANY, a Co-Partnerahi !� BY BOSW PERFORATING CO., a Co-Partnership f�J BY 1 f R . 6138 PArr(;22 R This is to certify that the interest in real property conveyed by the ' deed dated May 17 , 1962, from the Huntington Beach Company, a California N Corporation, to the City of Huntington Beach, a municipal corporation, is hereby accepted by order of the City Council of the City of Huntington Beach on May 28, 1962, and the Grantee consents to recordation thereof, Dated: May 31,p. i9&2 ' CITY OF HUNTINGTON BEACH BY: -- City Cl k 1 4 RIGHT OF WAT CERTIFICATION The City of Huntington Beach hereby certifies in connection with the right of ray for Project #102, Golden West Street, that z 1. ALI right of may has been acquired. 2. There is an existing chain link fencearound the Southern California later Ccaipanpr Pump Station. This fence will be relocated prior to the be- ginning of construction.. Also tbors are numerous existing pipelines in the aabstmoture. These pipelines will have to be lower" during the time when earthwork operations are in progress. It is anticipated that this lowering will not cause any y undue dolmy in construction time. In making this certification, the City of Huntington Beach agrees to hold the County harmless from any liability which may arise by reason of the County°s reliance upon this Certificate and its use of said rights of way. CITY OF HUNTINGTON BEACH r� Mayor Date t May 29, 1962 City CWrk