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HomeMy WebLinkAbout1967-09-12 - Grant HB UNION HIGH SCHOOL SEE # 1107 !r►' ' `+�6H RDED AT RwEST O dp of NurrnNG !L,\� IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIF. ©rl 9:05 AM S E P 21 1967 0 108 J. WYLIE CARLYLE, County Recorder I GRANT DEED 41 2 FREE Subject to the terms of. the Resolution of the Board, of Trustees 4 of the HUNTINGTON BEACH UNION HIGH. SCHOOL DISTRICT adopted August 22, 5 1967 , the HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT, Huntington Beach, 6 California, hereby grants to the CITY OF HUNTINGTON BEACH, California, 7 a municipal corporation, an easement for public street and utility 8 purposes over the following described real property in the City of 9 Huntington Beach, County of Orange, State of California: to Those portions of Section 26 Township 5 south Range 11 West, 11 San Bernardino Base and Meridian as shown on a map recorded in Book 51 Page 13 of Miscellaneous Maps records of Orange 12 County described as follows: 13 Parcel 1 TzTe south 30.00 feet of the north 60.00 feet of the west 145 .00 feet of the east. 170.00 feet of the northwest one- quarter (NWk) of the northeast one-quarter (NEk) of the , zy15 northwest one-quarter (NWk) of said Section 26. Wdu Parcel 2 cr16 a west 15 .00 feet of the east 40.00 feet of the south C0017 160.00 feet of the north 190.00 feet of the northwest one quarter (NWk) of the northeast one-quarter (NEk) of the 18 northwest one-quarter (NWk) of said Section 26 . Parcel 3 19 at portion of land lying northeasterly of a curve concave 20 to the southwest, having a radius of 30.00 feet being tangent on the north to the south line of parcel l and being tangent 21 on the east to the west line of parcel 2 in the northwest one quarter (NWk) of the northeast one-quarter (NEk) of the 22 northwest one-quax`ter (Nwk) of said Section 26 . 23 DATED: IM#Amsbor 12 , 1967 HUNTINGTON BEACH' >i SCHOOL DISTRIC 24 25 Signed in the presence of: By - , C s ident 27 o / Bya��� Subscribing, Witness Clerk 28 29 30 MAIL TAX STATEMENTS TO 31 32 CITY OF HUNTINGTON BEA H RRE:mh 1. Office of the City Clerk P. 0. Box 190 Huntington Beach, Calif. 92648 n ti g �L .860 690 1 STATE OF CALIFORNIA ss . 2 COUNTY OF ORANGE 3 On Notary Public"- a 1967 , before me, the undersigned, a 4 y b�ic n aid County and State, personally -appeared known tom t e rest ent and Clerk, respectively, of 5 the Board of Trustees of the District that executed the within instrument and known to me to be the persons who executed the within instrument on 6 behalf of the District therein named, and acknowledged to me that such District executed the within instrument pursuant to its by-laws or a 7 resolution of its Board of Trustees . 8 �. Notary PubllFin and for said County 10 and State 11 My Commission ,Expiresa s—ice j x'4 ar t 12 EUNICE ,M. VESTAL , � 13 MyCommission Expires July 1, 1968 tigi � # 4 � I 14 x n . , o_» 15 v, 16 o�� f wVl_*A 17 a 0 t .>-A 18 19 20 21 22 23 24 25 26 27 28 29 30 I I j 31 32 2 . f • • • f • DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated September 12 , 19 67 , from Huntington Beach Union High School District to the City of Huntington Beach, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by resolution of the City Council of the City of Huntington Beach adopted on March 20, 1967, and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF HUNTINGTON BEACH Dated: September 21 19 67 , Voyte Mi er, UR7 Administrator RECORDING REQUESTED BY City of Huntington Beach WHEN RECORDED RETURN TO CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, Calif. 92648 L E A S E THIS LEASE made and entered into this t4ay of ' , 19 �9 by and between the HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT of Orange County, California, hereinafter called the Lessor, and r hereinafter called the Lessee, WITNESSETH: That the Lessor does by these presents lease to Lessee, and the Lessee hereby leases and hires from Lessor, the property and appurtenances described as follows: The northwest quarter of the northwest quarter and the west half of the northeast quarter of the northwest quarter of section 26, Township 5 South, Range 11 West, partly in the Rancho La Bolsa Chica and partly in the Rancho Las Bolsas, in the city of Huntington Beach, county of Orange, state of California, as per map recorded in book 51, page 13 of Miscellaneous Maps in the office of the county recorder of said county. EXCEPT the west 545 feet of the south 352 feet (the site of the Wintersburg High School). Rent in the amount of per �� ! II I .I�I�II.II�I■i.11l_. R ! ..l III lY�II.1 /�.I. I� I�-" year shall be on a cash basis, in Lawful money of the United States of America, which Lessee agrees to pay Lessor, without deductions or prior offsets, prior notice or demand, at the office of said District. Payments of the annual rent shall be due and payable as follows: 1/2 at the time of consummation of the lease and 1/2 each July 1 and January 1 thereafter as long as the lease is in force. The terms of this lease shall provide as follows: 1. The lease shall be on a continuing basis for a term not to exceed ninety-nine (99) years and subject to cancellation by either party hereto without penalty with written notice of six (6) months. 2. Lessee shall use the premises for the purpose of raising crops and for no other purposes. 3. Lessee shall pay all taxes or charges for water pumped from wells on the property owned by the Lessor, such water to be used for the irrigation of premises covered by the lease. For this purpose, the Lessee shall furnish to the Lessor the water meter readings as of each June 30 and December 311, as long as the lease is in force. Meter readings shall be furnished on or before the 15th day of the next calendar month, along with payments of the amounts due for water used. The Lessor shall complete and file the required reports and payments with the Orange County Water District. 4. Lessee shall pay for the upkeep of said wells, pumps and the motors attached thereto and shall provide the meters required therefor, For purposes of operation and maintenance of said wells, Lessee shall have right of access to the adjoining property on which said wells are located, which property also belongs to the Lessor. 5. Lessee shall pay the possessory interest tax to the County of Orange which is levied and assessed by reason of the Lessee's interest hereunder as the same becomes due and before it becomes delinquent. 6. The Lessor retains the right to install and maintain a storm drain within an east to west 15 foot strip the centerline of which is 144 feet north of the south line of the subject parcel. This strip is between the Wintersburg High School Site to the marsh area in the south central portion of the subject parcel. 7. Lessor shall retain the right of access to said premises and shall have the right to make topographic and engineering surveys and tests without penalty for any resulting damages. 8. Lessee shall not commit or suffer to be committed on said premises any nuisance or other act which may disturb the quiet of adjoining property owners or occupants. 9. Lessee hereby waives and releases all claims against Lessor for injuries to persons in, upon or about said premises from any cause, and Lessee will. hold Lessor exempt and harmless from any damage or injury to any person arising from the use of the premises by Lessee, or from failure of Lessee to keep the premises in good condition and repair as herein provided. 10. Lessee shall not assign this lease, or any interest therein, and shall not sublet said premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person to occupy or use said premises or any portion thereof, without the written consent of Lessor first had and obtained. Any such assignment or subletting, without such consent, shall be void and shall, at the option of Lessor, terminate this lease. 11. In the event of sale of the property or any portion thereof, this lease may be terminated by the Lessor upon written notice to the Lessee not less than thirty (30) days prior to the date of termination. In case of such termination, the Lessor agrees to pay to the Lessee an amount equal to the value of such -2- materials used and work performed up to the date of such notice toward the production of any crop then in process on that portion of the property in question. This amount shall be the average of the amounts of three (3) independent appraisals, one by an appraiser appointed by the Lessee, one by an appraiser appointed by the Lessor and one mutually appointed by the Lessee and the Lessor.. The costs of said appraisals shall be paid by the Lessor. 12. In case suit shall be brought for an unlawful detainer of said premises, for the recovery of any rent due under the provisions of this lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept or performed, the successful party in any such action shall receive such reasonable attorney's fee as shall be fixed by the Court. 13. All notices to Lessor may be given in writing addressed to Clerk of the Board of Trustees, Huntington Beach Union High School District, 1902 17th Street, Huntington Beach, California. All notices to be given to Lessee may be given in writing addressed to Lessee at 14. The covenants and conditions of the lease shall apply to and be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto, and all of the parties hereto shall be jointly and severally livable hereunder. IN WITNESS WHEREOF, Lessor and Lessee have executed these presents, the day and year first above written. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT By �.....�..,..--- " erk o , the Board of Trustees Lessee -3- i 1 RESOLUTION OF THE BOARD OF TRUSTEES OF 2 THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT 3 OF ,ORANGE . COUNTY, CALIFORNIA 4 August 22 1967 r 5 On motion of lk a Id ION , duly seconded e and carried, the following Resolution was adopted : 7 RESOLVED that it is the intention of this Board of 3 to Sections 16251 to 16255 inclusive of the Education Code pursuant , , 9 to grant to the CITY OF HUNTINGION BEACH C L FO A , a i 10 municipal corporation , an easement ,for public street and 1.1 highway purposes over, under and across that certain real property z2' located i � the Count of Orange , State '! City of Huntington Beach , y $ , A { o Cali�'orr.ia , on the following conditions x ! 1 . he said City take subject to the existing lease,on the land. , 2. The. said City agrees to widen the street and construct the 1" necessary improvements , including traffic signals j e v 17 u 1.8 19 '20 This property is described as follows : 21 Those portions of Section 26 Township 5 south Range 11 West, San Bernardino Base and Meridian as shown. on a map recorded in Book 51 22 Page 13 of Miscellaneous Maps records of Orange County described as follows: 23 Parcel 1 24 The south 30 .00 feet of the north 60.00 feet of the west 145 .00 feet' of the east 170.00 feet of the northwest one-quarter (NWk) of the 25 northeast one-quarter (NEk) of the northwest one-quarter NWk) of. said Section 26 . 20 Parcel 2 271 Tire west 15 .00 feet of the east 40.00 feet of the south 160.00 feet of 1 the .-north 190.00 feet of the northwest one-quarter (NWk) of the north- 28�i east one-quarter (NEk) of the northwest one-quarter (NWk) of said I� Sect~ion 26 291, i Parcel 3 30 , - That portion of land lying northeasterly of a curve concave to the southwest , having a radius of 30.00 feet being tangent on the north' 31 to the south line of parcel 1 and being tangent on the east to the west line of parcel 2 in the northwest one-quarter (NWk) of the northeast 32 one-quarter (NE4) of the northwest one-quarter (NWk) of said Section 26 . RRE: 1. i 1 NOTICE IS HEREBY GIVEN that on the 12th day of September , 2 1961 at the hour of 7:30 o'clock P M. a public meeting of the 3 Board. of Trustees will be held at its regular meeting place for a 4 public hearing upon the question of making the aforesaid grant. 5 BE IT FURTHER RESOLVED that the Clerk of this Board of Trustees 6 is hereby directed to give notice of the aforesaid public meeting by 7 �I pasting copies of this Resolution signed by this Board or a majority !� hereof in three (3) public places in the District, said posting to be 9 � completed not less than ten (10) days before the date of said public i G 11 meeting, said notices to be posted one at and on ftatkyfton 8068b 81 h _L ';' fthaol, 1905. tro"g M"Sington B~hs C&11ror41& Huntlaxtes 30mb VA100 High ach"I 12 one at and on /hIs'tria% AduLatstration SAildlair,, 19M 17th f%t&A&t_ 13 Cs lunar"" and one at and on Morino X h Sebmie 158T1 SpTWals, 141 M t y ft"ho C611f ai ► ; . s �5� 15 and by publishing a copy of this Resolution once in the XUN?rXOM SNACK �?x s° 16 Ms a newspaper of general circulation pub- 0 no0 17�I lished in the t ' union High Sawa District, U 18 ! said publication to be made at least five (5) days before the date of 19 said public meeting. 20 2111 AYES• John J* s entlo►o R• M* saknitte s• Be W116046 Matt a 1a o 9. RAW 2 I' NOES 21.3 24II ABSENT: iomr 25 26 27 28 29 'I 30 31 32 2 . 1 STATE OF CALIFORNIA ss . 2 COUNTY OF ORANGE ) 3 I, J1, A IBM= Clerk of the Board SCHOOL 4 of Trustees of the HUNTINGTON BEACH UNION HIGH District of 5. Orange County, California, hereby certify that the above and foregoing 6 Resolution was duly and regularly adopted by the said Board at a � meeting thereof held on the 22nd day of August , 811 ' 96 7 , and passed by a vote of said Board. j� IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10 2 day of August 196 7 lI 12 Clerk of said Board of Trustees 13 14 15 O5 _ UM u 16 ✓ / n u 18 Members of the Board of Trustees 19 of HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT " of Orange County, California 20 2i ti 2 4 23 24 25 28 27 28 29 30 i, 31 , � I r i 3 . i 1 RESOLUTION OF TryE BOARD OF TRUSTEES OF 2 THE HUNTINGTON BEACH UsNTO N HIGH SCHOOL DISTRICT y 3i OF ORANGE COUNTY, CALIFORNIA September 12 1967 5 On motion of , duly seconded 6 and carried, the following Resolution was adopted : 7 WHEREAS , on the 22nd day of August , 190 this J 8 Board of Trustees . duly adopted a Resolution declaring its intention 9 to dedicate to the CITY OF HUNTINGTON BEACH, CALIFORNIA _* a municipal 10 corporation situated in the County of Orange, Stace 11 of California , an easement for public street and highway purposes over, 12 under and across that certain. real property particularly described 13 therein and 14 WHEREAS, the 12th day of Se2tember , 19 67 , at i r lb d time o public � 0 7 :30 o clock ,M was fixed as the e for a $ the -hour. f P O woo U E0" 16 hearing upon the question of making such dedication ; and l 400 17 WHEREAS this beingthe time fixed for said public hearing, and P g, ! 181isaid hearing having been duly held and no protests having been made or 4; � g y p � ; 191 lentered . .'04 NOI�, THEREFORE, BE ,IT RESOLVED' that the President` and the Clerk • � �lof this Board be and they are hereby authorized and directed to execute a 221a deed dedicating an easement for public street and highway purposes 1 ((e 3iover, under and across that certain real property particularly described 24 in said Resolution of Intention to the CITY OF HUNTINQ,TQN D;AC,H„- 25 CALIFOIMNIA , a municipal corporation • 26 27 AYES : lW* XOalt Sawt1to wv"Ors 28 NOES : WNW 29 30 ABSENT : 31 32 RE:,ah 1j 4 (� 1 1 STATE OF CALIFORNIA ) ss, 2' COMTY OF ORANGE ) 3 I, !6 -K. MimMM Clerk of the Board of 4 TRUSTEES of the HUNTINGTON BEACH UNION HIGH . 5 School District of Orange County, California, hereby certify that the 6 above and foregoing Resolution was duly and regularly adopted by the 7 said Board at a _ regular „ meeting thereof held on the 8 12, 2thr day of . r September, 1967, and passed by a + ► S vote of said Board. { 10 IN WITNESS WHEREOF, I have hereunto set my hand and seal this f 11 day of ,._... ,...._,.r.....� 1967 . y 12 13 � N Clerk of the Board of Tftsw" 1� �f br n } / , I� 201 21 22 23 � 2 25 26 27i 2311 1 i 3o{ I 31 .32 t 2 . O I 1 0 0 i Ava f y5` 3a' 4 1 t©-16- -t J0