HomeMy WebLinkAbout1967-12-27 - Quitclaim HB CO SO PACIFIC CO .+
x
0 WCE202
"1 QQ
V9 RECORDED AT REQUEST OF
ORANGE:COUNTY TITLE CO.
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
-455 00 $33 00
FREE 8.00 AM JAN 4 1968
J. WYLIE CARLYLE, County Recorder
13(zit71Ei93A?fY
saM�rzf�Y � rry�A� C� U I T C L A I M DED ,� �
ti — stnturr x— srttenR �t+�c= E
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, Huntington Beach Company, a corporation, and Southern
Pacific Company, a corporation, hereinafter collectively referred to
as "Huntington - SP", hereby quitclaim to the City of Huntington Beach,
a municipal corporation, hereinafter referred to as "City", all of
their respective right, title and interest in and to the following
described real property in the County of Orange, State of California:
Those portions of Fractional Section 14, Township
6 South, Range 11 West, San Bernardino Base and Meridian,
in the City of Huntington Beach as per Map recorded in
Book 51, Page 14 of Miscellaneous Maps, Records of Orange
County, described as follows:
e Parcel 1.
A strip of land 82.00 feet in width lying adjacent
to and southwesterly of the southwesterly right of way
of Ocean Avenue as shown on a map of Huntington Beach
Tract recorded in Book 3, Page 36 of Miscellaneous
Maps, Records of Orange County, lying between the
southwesterly prolongation of the southeasterly line
of Block 104 and the southwesterly prolongation of the
northwesterly line of Block 102, as shown on said map
of Huntington Beach Tract;
Parcel 2.
A strip of land 82.00 feet in width lying adjacent to
and southwesterly of the southwesterly right of way
of Ocean Avenue as shown on a map of Huntington Beach
Tract recorded in Book 3, Page 36 of Miscellaneous Maps,
Records of Orange County, lying between the
southwesterly prolongation of the northwesterly line of
Block 102 as shown on said map of Huntington Beach Tract
and a line parallel .to and 60.00 feet southeasterly, measured
at right angles from the southwesterly prolongation of the
southeasterly line of Block 101 as shown on said map of
Huntington Beach Tract;
hereinafter referred to as "said land",
Tel -
-
CITY Of HUNTINGTON BEACH
Office of the City Clerk
P. 0. Pox 190
Huntington Beack Calif. 92648
MAIL TAX STATEMENTS TO RETURN ADDRESS ABOVE
y
r,cE203
EXCEPTING AND RESERVING to Huntington - SP, their successors
and assigns, in undivided interests, all oil, gas, asphaltum and other
hydrocarbons, and all other minerals whether similar or dissimilar to
those herein specified within or that may be produced from said land,
together with the exclusive right from time to time to drill in, into
and within said land by means of a well or wells drilled from the
surface of land other than said land, and with the exclusive right to
repair, redrill, deepen, maintain, rework and operate such well or
wells and produce said oil, gas, asphaltum and other hydrocarbons and
other minerals by means of such well or wells. Such exclusive rights
shall not be limited by the first or any subsequent exercise thereof.
Provided, however, that Huntington - SP shall not have the right to
use the surface of said land for any of the aforesaid purposes, nor,
unless the permission of the City is firstobtained, conduct any such
operations at a depth above five hundred (500) feet below the surface
of said land,
ALSO EXCEPTING AND RESERVING to Huntington - SP, their successors
and assigns, in undivided interests in the proportions aforesaid, the
exclusive right from time to time to drill in, into and through the
subsurface of said land and into and bottom under land other than said
land by means of a well or wells drilled from the surface of land other
than said land, and with the exclusive right to repair, redrill, deepen,
maintain and rework and operate such well or wells, and produce oil,
gas, asphaltum and other hydrocarbons and other minerals whether similar
or dissimilar to those mentioned herein from land other than said land.
Such exclusive rights shall not be limited by the first or any subsequent
exercise thereof but, unless the permission of the City is first obtained,
shall only be exercised at depths of five hundred (500) feet or deeper
below the surface of said land,
THIS DEED, is made subject to all matters whether of record
or not affecting the aforedescribed said land.
-2-
204
This deed may be executed in counterparts the execution of
which shall be binding on, the party so executing whether or not the
remaining party executes this deed or any such counterpart.
IN WITNESS WHEREOF, this deed is executed on the day,
of 191-1 •
HUNTINGTON BEACH'COMPANY ��. yU ► ."ram
c
By 7 2, a .
Y1GE PR INT �.
By
SOUTHERN PACIFIC COMPANY
By
ViC P E31D NT
ANTEM `
STA OF CALYf� ) s s.
r,....=�..C®LINTY ) c ,, C
On 'this:. 7 day of -" A.D., 19 , be 6fg,
a Notary Public in and fdr the
State of California residing therein, dul
.. gy
60nwm g's,e'. —,arid,=sp®rn personally appeared
known to,me to be the
F. of the corporation described in and that executed the
withiri,2lastrimi t 'arid also 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 corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of / ,�Q �� , the da and year in this
certificate first above written. '
#. .............. ..
FFI OCIAL «^_
JOHANNA A. McDONALD
a •^ NOTARY PUBLIC•CAL �ORNIA Notary Public in and for the
My! on &"PftpFFICE I.N County of% a�
ORANGE COUNTY State of California
.......,,..,,,............................. ....u�
JOHANNA A. McDONALD
My Commission Expires Oct 26, 1969
STATE OF CALIFORNIA ) ss. a
COUNTY )
On this day of , A.D., 19 , before me,
a Notary Public in and for the r
County of , State of California
`,,;residing therein, duly commissioned and sworn, personally appeared
known to me to be the
of the corporation described in and that
executed the within instrument, and also 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 corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of , the day and year in this
certificate first above written. `
My Commission Expires: Notary Public in and for the
-3- County of
State of Cal-ifornia
3
6 CK 8483 FALL 24 a
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the deed dated
December 27 , 19 67 , from Huntington Beach Co. and Southern Pacific Co.
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
a
Dated: January 2 19 68 '4t4�
oy er, ty inistrator
y `
.4i
� 4
' STATE OF CALh7ORNL:
Cityand County of Sa Pr cjsco ss
On this day of in the year One Thousand Nine Hundred and Sixty 1
before me, RO$T:'lra°$LdSHIkEiF, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared
(65 ket St.) D. K. McNear and T. F. Ryan,known to me to be the Vice President and Assistant Secretary,
respectively,of the corporation described in and that executed the within instrument,and also
' known to me to be the persons who executed it on behalf of the corporation therein named and
ppC�OOC�ogQ000caex7D they acknowledged that such corporation executed the same.
' ROBP J. ;BUSHNER
NOTARY PUBLIC•CALIFORNIA IN WIT ESS HEREOF,I h e ereunto set my hand and affixed my official seal at
PRINCIPAL PLACE OF BUSINESS IN my office in he ty a ounty f S n Franci o, the dayand year in this certificate first
N11' CITY AND COUNTY OF Y .f f
,Nµw, SAN FRANCISCO above WTitt
+My* Tgrnrn as_on Expires July 12, 1970
Corporation Notary'Public in nd for t City and County of San Francisco, State of California
t
My Commission Expires July 12, 1970
CaliforniaLand'
datdCoverage
Association
StandaPd Coverage Policy Form '
Copyright 1963 S A M E R I c
Z.
P •—1
POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance & Trust Company
FIRST AMERICAN TITLE INSURANCE & TRUST COMPANY, a California corporation, herein called the
Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of
which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs,
devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger
or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions
and Stipulations hereof, which the Insured shall sustain by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest
covered hereby in the land described or referred to in Schedule C, existing
at the date hereof, not shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing
an indebtedness, the owner of which is named as Insured in Schedule A, but
only insofar as such defect affects the lien or charge of said mortgage upon
the estate or interesT referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance
not shown or referred to in Schedule B, or excluded from coverage in Schedule
B or in the Conditions and Stipulations, said mortgage being shown in Sched-
ule B in the order of its priority;
all subject, however, to the Conditions and Stipulations hereto annexed, which
Conditions and Stipulations, together with Schedules A, B, and C are hereby made
a part of this policy.
In Witness Whereof, First American Title Insurance & Trust Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers, on the date shown in SCHEDULE A.
MSU AIVC, First American Title Insurance & Trust Company
BY PRESIDENT
t 47
1 .
& pw ATTEST SECRETARY
a b P 21
,.
�,��, '
o°
�•
�,
�, i � �
� � � ; �
�' �
0 ' � � �
L �,`
� � �'
_,� � . �
����� �`� ���r � � �� � ���
i � � � ��
'x S � � �,`..rt i
e.a,. � t: ,.. +A
..� ,,-.
� '. ,;;
\-'30-re�3 3��;
Form No,1084-2
American Land Title Association
Owner's Policy—Standard Form 81
•
and
CLTA Standard Coverage Policy Form
Copyright 1963
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $__596'50_____________
Amount $ 180,000.00 Policy No. 104484.6
Effective Date January 4, 1968 at 8:00 A. M.
Insured
CITY OF HUNTINGTON BEACH, a Municipal Corporation.
I. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF HUNTINGTON BEACH, a Municipal Corporation.
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is:
A Fee.
2
California Land Title Association
Standard Coverage Policy Form
Copyrigght 1963
Form 1084-3
SCHEDULE B 1044846
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which
a correct survey would disclose.
5. Unpaiented mininq claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
Part Two:
1. Second Installment General and Special Taxes for fiscal year 1967-1968,
amount $45,581.84. Code Area 4-001, Various A. P. Nos. not herein shown.
2. A Perpetual Easement and right of way for road or street crossing over
that portion of Parcel 2 lying between mean high water mark of the Pacific
Ocean and the oceanside line of Ocean Avenue embraced within the extended
lines of First Street, as conveyed to the City of Huntington Beach by deed
recorded November 26, 1909 in Book 176, page 150 of Deeds.
3. An Easement over a portion of Parcel 1 of a strip of land 75 feet wide,
being 37-1/2 feet on each side of the center line of Main Street in the City
of Huntington Beach, projected Southerly from the Southerly line of Ocean
Avenue to the Pacific Ocean with sufficient control of water front and tide-
lands at said point as to give the City of Huntington Beach the right to
construct a wharf out into the ocean, as granted in the deed from Huntington
Beach Company and Pacific Electric Railway Company to the City of Huntington
Beach, recorded February 8, 1912 in Book 209, page 231 of Deeds.
4. An Easement for drain pipe purposes under that part of the right of way
of the Pacific Electric Railway Company described as a strip 3 feet in width,
the center lines of said strip extending in a Northeasterly and Southwesterly
direction across said right of way at right angles to the Northeasterly line
of said strip and intersecting the center line of the railway at Engineer's
Stations located in First Street, as conveyed in a deed from Pacific Electric
Railway Company to the City of Huntington Beach, recorded April 18, 1923 in
Book 468, page 8 of Deeds.
tolol5 The Right to drill for oil on said land and other land as granted to
`Standard Oil Company of California in an unrecorded agreement dated August
31, 192 be ween Huntington Beach Company and Pacific Electric Railway
Company and said Oil Company and in a modification of said agreement by an
unrecorded supplemental agreement dated September 27, 1926, all as disclosed
by an agreement dated November 9, 1926 between said Companies, recorded
3
1o44846
November 15, 1926 in Book 63, page l of Leases and modified as to accounting
by various agreements of record.
Also the right of said Oil Company to locate wells-on-any ].ands covered by
said agreement recorded in Book 63, page 1 of Leases and to slant drill such
wells through said lands as provided in Drilling Agreements dated April 14,
1955 between said Companies, recorded June 2, 1955 in Book 3090, page 114 of
Official Records and in Book 3090, page 122 of Official Records.
Note 1. Recorded May 24, 1962 in Book 6121, page 728 of Official Records is
a Conveyance of Production Payment and Agreement dated April 1, 1962, executed
by Standard._Q�U Company of California, a Delaware corporation, as first party,
and San Francisco Bay Benevolent Association, a California corporation, as
second party, assigning to second party; its successors and assigns, as a
limited overriding royalty or production payment a certain assigned share of
crude oil until said assignee has received from the cash proceeds of the
production attributable to such assigned share the principal sum as therein
set forth, to which instrument reference is made for full particulars.
Note 2. Recorded August 14, 1964 in Book 7179, page 122 of Official Records
is a document dated August 7, 1964, executed by Standard Oil Company of
(California, a corporation, terminating and surrendering all right, title and
`interest in said oil and gas lease and agreements insofar as said lease and
agreements relate to the surface and that portion of the subsurface lying at,
and above, a depth of 500 feet measured vertically from the surface of that
portion of those lands covered by the provisions of said lease or by the
provisions of said agreement lying between the Southwesterly prolongation of
the Northwesterly line of Main Street to the line of ordinary high tide of
the Pacific Ocean and the following described line:
Beginning at a point in the Northeasterly line of Ocean Avenue 100 feet
Northwesterly from the intersection of said Northeasterly line of Ocean Avenue
with the South line of the North half of the Northeast quarter of Section 14,
Township 6 South, Range 11 West, S. B. B. & M.; thence Southwesterly at right
angles to said Northeasterly line of Ocean Avenue to the line of ordinary
high tide of the Pacific Ocean.
f Note 3. Recorded December 29, 1965 in Book 7789, page 233 of Official Records
is an agreement dated October 1, 1965, executed by Huntington Beach Company,
a corporation, and Southern Pacific Company, a corporation, "First Parties",
and Standard Oil Company of California,' a corporation, "Second Party", to
which record reference 'is made for full particulars.
LXNote 4. Recorded December 29, 1965 in Book 7789, page 241 of Official Records
is a Unit Agreement dated October 1, 1965, executed by Standard oil Company
of California, Huntington Beach Company and Southern Pacific Company, to which
record reference is made for full particulars.
6. An Easement for public, recreational, park and playground purposes and
other uses appurtenant or incident thereto over and across a portion of said
land and other land, as conveyed to the City of Huntington Beach by deed re-
corded February 18, 1932 in Book 532, page 437 of Official Records.
4
1044846
7. The Right to construct and maintain a pedestrian crossing upon and across
that certain parcel of land situated in the City of Huntington Beach, Orange
County, California, and lying within the railroad right of way of the Pacific
Electric Company and described as follows:
A strip of land 8 feet in width extending across that certain
82-foot strip of land "Fourth" described in deed to Los Angeles
Inter-Urban Railway Company, recorded in Book 155, page 260 of
Deeds, records of Orange County, California, the Northwesterly
line of said strip of land 8 feet in width being described as
follows:
Beginning at the point of intersection of the Northeasterly
line of said 82-foot strip with the Southwesterly prolongation
of a line which is parallel to and 8 feet Northwesterly,
measured at right angles, from the Southeasterly line of Third
Street (60 feet wide) as said street is shown on map of
Huntington Beach, recorded in Book 3, page 36 of Miscellaneous
Maps, records of Orange County, California; thence from said
point of intersection Southwesterly along said Southwesterly
prolongation of said parallel line to a point of intersection
with the Southwesterly line of said 82-foot strip, the rights,
and privileges hereby granted shall lapse and become void if
not exercised within one year from the date hereof,
as granted in the deed from Pacific Electric Railway Company to the City of
Huntington Beach, recorded October 5, 1941 in Book 1115, page 390 of Official
Records.
Note: "Third Street" above shown is not included in land described as
"Fourth" in the deed recorded in Book 155, page 260 of Deeds.
8. The Effect on the interest herein vested in Southern Pacific Company of
a Trust Indenture dated July 1, 1945, executed by Southern Pacific Railroad
Company, a corporation, (now Southern Pacific Company, a corporation, by
merger recorded September 30, 1955 in Book 3233, page 408 of Official Records)
to The Chase Manhattan Bank, successor by merger to The Chase National Bank
of the City of New York, as Trustee, to secure payment of bonded indebtedness,
recorded November 16, 1945 in Book 1373, page 91 of Official Records and
amended and changed by numerous Supplemental Indentures which have been re-
corded in the office of the County Recorder of Orange County, California.
9. Any Rights of Way and easements for pipe lines under, along and across the
Northwest quarter of said Section 14, as disclosed in an unrecorded agreement
dated January 18, 1955 between Standard Oil Company of California and Standard
Gasoline Company and Bernard Forst and disclosed by an assignment of all right,
title and interest of Standard Oil Company of California in said agreement to
Standard Gas Company, dated August 9, 1955, recorded August 26, 1955 in Book
3189, page 466 of Official Records.
10. An Unrecorded Lease No. P.R.C. 1343.1 dated March 1, 1954 between the
State of California, as lessor, and Standard Oil Company of California, a
5
1044846
corporation, Huntington Beach Company, a corporation, Pacific Electric Railway
Company, a corporation, and Pacific Electric Land Company, a corporation, as
lessees, as disclosed in the Conveyance of Production Payment and Agreement,
recorded May 24, 1962 in Book 6121, page 728 of Official Records.
11. The Exclusive Right from time to time to drill in, into and through the
subsurface of said land and into and bottom under land other than said land
by means of a well or wells drilled from the surface of land other than said
land and with the exclusive right to repair, redrill, deepen, maintain and
rework and operate such well or wells and produce oil, gas, asphaltum and
other hydrocarbons and other minerals whether similar or dissimilar to those
mentioned herein from land other than said land. Such exclusive rights shall
not be limited by the first or any subsequent exercise thereof but, unless
the permission of the City is first obtained, shall only be exercised at
depth of 500 feet or deeper below the surface of said land, as contained in
a deed from Huntington Beach Company and Southern Pacific Company, a corpo-
ration, to the City of Huntington Beach, recorded January 4, 1968.
6
Form No. 1056-4 1044846
All Policy Forms
SCHEDULE C
The land referred to in this policy is situated in the State of California ,County
of Orange, City of Huntington Beach and is described as follows:
Those portions of Fractional Section 14, Township 6 South, Range 11 West,
S. B. B. & M., as shown on a Map recorded in Book 51, page 14 of Miscel-
laneous Maps, records of Orange County, California, described as follows:
Parcel 1. A strip of land 82.00 feet in width lying adjacent to and South-
westerly of the Southwesterly right of way of Ocean Avenue, as shown on a
Map of Huntington Beach Tract, recorded in Book 3, page 36 of Miscellaneous
Maps, records of Orange County, California, lying between the Southwesterly
prolongation of the Southeasterly line of Block 104 and the Southwesterly
prolongation of the Northwesterly line of Block 102, as shown on said map of
Huntington Beach Tract.
Excepting therefrom all oil, gas, asphaltum and other hydrocarbons and all
other minerals whether similar or dissimilar to those herein specified
within or that may be produced from said land, together with the exclusive
right from time to time to drill in, into and within said land by means of a
well or wells drilled from the surface of land other than said land and with
the exclusive right to repair, redrill, deepen, maintain, rework and operate
such well or wells and produce said oil, gas, asphaltum and other hydro-
carbons and other minerals by means of such well or wells. Such exclusive
rights shall not be limited by the first or any subsequent exercise thereof.
Provided, however, that Huntington - SP shall not have the right to use the
surface of said land for any of the aforesaid purposes, nor, unless the
permission of the City is first obtained, conduct any such operations at a
depth above 500 feet below the surface of said land, as reserved in the
quitclaim deed from Huntington Beach Company, a corporation, and Southern
Pacific Company, a corporation, to the City of Huntington Beach, recorded
January 4, 1968.
Parcel 2. A strip of land 82.00 feet in width lying adjacent to and South-
westerly of the Southwesterly right of way of Ocean Avenue, as shown on a
Map of Huntington Beach Tract, recorded in Book 3, page 36 of Miscellaneous
Maps, records of Orange County, California, lying between the Southwesterly
prolongation of the Northwesterly line of Block 102 as shown on said map of
Huntington Beach Tract and a line parallel to and 60.00 feet Southeasterly,
measured at right angles from the Southwesterly prolongation of the South-
easterly line at Block 101 as shown on said map of Huntington Beach Tract.
Excepting therefrom all oil, gas, asphaltum and other hydrocarbons and all
other minerals whether similar or dissimilar to those herein specified
within or that may be produced from said land, together with the exclusive
right from time to time to drill in, into and within said land by means of
a well or wells drilled from the surface of land other than said land and
with the exclusive right to repair, redrill, deepen, maintain, rework and
operate such well or wells and produce said oil, gas, asphaltum and other
hydrocarbons and other minerals by means of such well or wells. Such
exclusive rights shall not be limited by the first or any subsequent
exercise thereof. Provided, however, that Huntington -SP shall not have the
right to use the surface of said land for any of the aforesaid purposes, nor,
7
1o44846
unless the permission of the City is first obtained, conduct any such opera-
tions at a depth above 500 feet below the surface of said land, as reserved
in the quitclaim deed from Huntington Beach Company, a corporation, and
Southern Pacific Company, a corporation, to the City of Huntington Beach,
recorded January 4, 1968.
LJH:GR 8
15
MAIM
I sr
1 �
l it�
rH/R0 ST n
2 16
SECO-W�rn
sr
2
1(411 A
ro
F/RST STREET
Q -
}
c �
l *
zi
cn ,
o � o � o
2 v n
14
It
� � y
First American Title Insurance do Trust Company IZl
Form 1106 This Map Is a Copy of the Map Prepared by the County Assessor of the County of Orange,and
Is Not to be Construed as a Part of This Title Evidenee. .J