HomeMy WebLinkAbout1968-09-20 - Grant COUNTY OF ORANGE BOOK 8729 PAGE 73
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:7 y Of' NTi/1G%t`^? ' i N< r! RECORDED AT REQUEST OF
91TY Of HUNTI �rrov REACH
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
5 9:05 AM SEiP 23 1968
J. WYLIE CARLYLE, County,Recorder
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NO TAX DUE
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Project No. P. M. 108
Project: Refuse Disposal
Station No. 14
Parcel No. 1 and 3
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
COUNTY OF ORANGE, a political subdivision of the State of California,
does hereby GRANT to
CITY OF HUNTINGTON BEACH, a municipal corporation,
the real property in the County of Orange, State of California, described as:
Parcel No. 1:
The North 260 feet of the East half of the East half of the
Southwest quarter of the Northeast quarter of the Northeast
quarter of Section Thirty-four, Township Five South, Range
Eleven West, S. B. B. & M.
Excepting therefrom all minerals, gas, oil, petroleum, naptha
and other hydrocarbon substances in and under said land,
together with all necessary and convenient rights to explore for,
develop, produce, extract and take the same subject to the
express limitation that any and all operations for the explora-
tion, development, production, extraction and taking of any
of said substances shall be carried on at levels below the
depth of 500 feet from the surface of said land, by means of
mines, wells, derricks and/or other equipment from surface
locations on adjoining or neighboring land lying outside of
r the land herein described, and subject further to the express
limitation that the foregoing reservation shall in no way be
interpreted to include any right of entry in and upon the
surface of said land, as described in the deed from Cleve
Sedoris and in the deed from David Roland Haskill, both
recorded September 26th, 1956.
BOOK 8729 PAGE 74
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by to i0iicc;�--,".- d",atf-d August 20, 1968
the COUNTY OF ORANGE
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BOOK �Z9 PAGE 75
Parcel No. 3:
All that certain land situated in the Rancho La Bolsa Chica,
described as follows:
The West one-half of the Southwest quarter of the Northeast
quarter of the Northeast quarter of Section Thirty-four, Town-
ship Five South, Range Eleven West, S. B. B. & M.
Excepting therefrom an undivided one-fourth interest in all oil,
gas and other hydrocarbon substances and all minerals within
and under said land as contained in the deed to Title Insurance
and Trust Company recorded March 30th, 1922 in Book 417, page
364 of Deeds.
Also excepting therefrom an undivided one-fourth interest in
all oil, gas and other hydrocarbons and all minerals within
and under said land as contained in the deed to C. E. Lavering,
as Trustee, recorded March 19th, 1921 in Book 386, page 250
of Deeds.
Also excepting an undivided one-half interest in and to all
minerals, gas, oil, petroleum, naptha and other hydrocarbon
substances in and under said land, together with all necessary
and convenient rights to explore for, develop, produce,
extract, and take the same, subject to the express limitation
that any and all operations for the exploration, development,
production, extraction, and taking of any of said substances
shall be carried on at levels below the depth of 500 feet
from the surface of said land, by means of mines, wells,
derricks and/or other equipment from surface locations on
adjoining or neighboring land lying outside of the land herein
described, and subject further to the express limitation that
the foregoing reservation shall in no way be interpreted to
include any right of entry in and upon the surface of said
land, as reserved in the deed from Mavis L. Leadbeater, and
others, recorded March 18th, 1957.
The above Aescribed Parcels 1 and 3 are conveyed subject to all liens,
encumbrances, covenants, conditions, restrictions, and rights of way
of record or apparent as of May 1, 1968.
The ESTATE conveyed in Parcels 1 and 3 herein is a fee simple
defeasible upon the limitation that, if the property is used at any time
or for any purpose other than the operation of a public park and
recreation facility for the beneficial use of the public, the entire
estate conveyed herein, and all improvements thereon, shall automati-
cally revert to the GRANTOR without any further action necessary on
the part of the GRANTOR.
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BOOK 8-7 29 PAGE 76
COUNTY OF ORANGE
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Date AUG 2 0 1968 By
Chairmatn of the Board''of Su ery stirs
tt
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On this 196 before me a NotaryPublic in and for said
� ay of -yy,�
County and State, personally appeared
as Chairman of the Board of Supervisors of Orange County,
California, who is known to me to be the person described in, and whose name is subscribed to, the
within instrument,and acknowledged to me that he executed the same on behalf of said County of Orange,
and as such officer thereof.
IN WITNESS WHEREOF, ,I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
j
OFFICIAL SEAL
IF. /
JOE M. PR TER
+
NOTARY PUBLIC - Ga!_'FJ,tN1A
PR NCEFAL OFFIC= s a
O P"l L COUNTY
My Crmrr ,ai.n f':'�p:, Dec^ribs 25, 1971
0.
V
APPROVALS
Approved as to form by aPPROVED aS TO CONT
County Counsel on March 3, 1965 a. S. KOCH, County S veyor and
Road Co s. e
By
Descr' ion approve
By I (�
BOOK S729 PAGE 77
1 RESOLUTION OF THE BOARD OF SUPERVISORS
2 OF ORANGE COUNTY, CALIFORNIA
3 August 20, 1968
4 On motion of Supervisor Baker, duly seconded and carried, the
5 following Resolution was adopted:
6 WHEREAS, certain real property owned by the County of Orange
7 and designated P. M. 108, parcels 1 and 3 has been found surplus to
8 County needs, and
9 WHEREAS, the City of Huntington Beach has proposed to
10 acquire said real property for public park purposes, and
11 WHEREAS, this Board of Supervisors finds that in view of
12 the proposed public park use of the said real property a sale price
13 of $16,500 is proper and fair compensation therefor.
14 NOW, THEREFORE, BE IT RESOLVED that the Chairman of the
J ,
MY15 Board of Supervisors be and he is hereby authorized and directed to
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p0� 16 execute the contract of sale and grant deed of the said. real property
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G30 17 on behalf of the County of Orange, said contract and deed stating that
18 use of the property by the City of Huntington Beach be limited to
19 public park and recreational purposes and if other use be made thereof,
20 the property shall automatically reverttto the County of Orange.
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AYES: SUPERVISORS DAVID L. BAKER, WILLIAM J. PHILLIPS ,
30 ALTON E. ALLEN, AND C. M. FEATHERLY
31 NOES: S UPERV IS ORS NONE
82 ABSENT: SUPERVISORS WM. HIRSTEIN
�W:ca Resolution No. 68-900
Contract for Sale of Real
Property and Grant Deed
1.
BOOK 8 /29 PAGE 78
1 STATE OF CALIFORNIA )
ss.
2 COUNTY OF ORANGE )
3 I, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board'
4 of Supervisors of Orange County, California, hereby certify that the
S above and foregoing Resolution was duly and regularly adopted by the
8 said Board at a regular meeting thereof held on the 20th day of
7 August , 19 68 , and passed by a unanimous vote
8 of said Board members present.
9 IN WITNESS WHEREOF, I have hereunto set my hand and seal this
10 20th day of August , 19 68.
11
12 W. E. ST JOHN
County Clerk and ex-officio Clerk
13 of the Board of Supervisors of
Orange County,,•,California
14
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a 18 Deputy
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$0 17
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31 RECEIVED
32
y COUNTY OF ORANGE
Dept. of Rcrt .Property �erv�ce�
2 .
STATE OF CALIFCRNIA
COUNTY OF ORANGE
(Or' June 18, 1968 before me, a Notary Public in and for said
State, personally appeared Alvin M. Coen - known to me to be the Mayor,
and Paul Co Jones, known to me to be the City Clerk of the Municipal
Corporation that executed the within instrument, known to me to be the
persons who executed the within instrument on behalf of the Municipal
Corporation therein named, and acknowledged to me that such Municipal
- Corporation executed the within instrument.
WITNESS my hand and official seal.
LOU ANN MA-11ALL
NOTARV P�,bL, CALIFORNIA
PR0,10AL OFFICE IN A
CIPANf E COUNTY
My Commission Expires June 28, 1971
1
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5 .
1
Project No: P. M. 108
Project: Refuse Disposal
Station No. 14
Parcel No: 1 and 3
CONTRACT FOR S'aLE OF RZaL PROPERTY
THIS aGR.EMvI NT , made this day of , 19 ,
i
BETWEEN
COUNTY OF ORANGE, a political subdivision of the
State of California,
hereinafter designated as GRANTOR,
ANI3
CITY CF HUNTINGTON BEACH, a municipal corporation.
hereinafter designated as GRANTEE,
I
W I T N E S S E T H
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The said GRANTOR, in consideration of the sum of $16,500 ,
receipt of which is hereby acknowledged, and in consideration o
l the covenants and agreements hereinafter contained, agrees to sell
and convey unto GRANTEE; and GRANTEE agrees to buy all that cer-
tain parcel of land located in the County of Orange, State of
California, as described on the Grant Deed, marked "Exhibit A" ,
attached hereto and made a part hereof.
I
In consideration of which and other considerations hereinafter
set forth, IT IS MUTUALLY AGREED AS FOLLOWS:
I
1. Upon payment of the total amount due under this contract,
GRANTOR shall deliver to GRANTEE a properly executed Grant
Deed, a copy of which is attached hereto as "Exhibit A" ,
subject to all liens, encumbrances, covenants, conditions,
restrictions, and rights of way of record or apparent as of
May 1, 1968 .
2. The parties hereto agree that the GRANTEE'S use of the
property shall be limited to the operation of a public
park and recreational facility for the beneficial use
of the public, and that, if the property is used for any
other purpose, the property and all improvements thereon
shall automatically revert to the GRANTOR, without any
further action necessary on the part of GRANTOR.
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If at some future time the GRANTEE desires to free
the property or any portion thereof from this limitation,
the GRANTEE shall pay to the GRANTOR an amount equal
to fifty per cent (50%) of the fair market value of
the property from which the GRANTEE desires the limi-
tation removed. Said mrarket value shall be the market
` value of the land only and shall be valued as of the
date the limitation is removed.
In the event GRANTOR and GRANTEE cannot agree upon a
fair market value, either GRANTOR or GRANTEE may
request the fair market value to be determined by
qualified real estate appraisers. Within thirty (30)
days of such request, GRANTEE and GRANTOR shall each
j select a qualified real estate appraiser, and the two
chosen shall select a third qualified real estate
appraiser. GRANTOR shall, upon selection of the
appraisers, immediately fix a time and place for a
conference between the parties and the appraisers.
Such conference will be for the purpose of agreeing
upon general instructions to be given the appraisers.
I The appraisers selected by GRANTEE and GRANTOR shall,
within sixty (60) days after receiving their instruc-
tions, deliver a copy of their fully documented
written appraisal of the fair market value to the
GRANTEE, GRANTOR, and the third appraiser. The third
j appraiser will analyze said appraisal, conduct such
investigations, interviews, and discussions with or
without the other appraisers or either of them as
he deems necessary.
At a time not to exceed fifteen (15) days after sub-
mission of the written appraisal and at a place the
three appraisers shall name, the respective parties
may have representatives appear and argue such appraisal
matters as the parties deem appropriate. Within five
(5) days after such time, the appraisers shall make a
final written determination of the fair market value.
If the appraisers are unable to agree, then the final
determination shall be made by the third appraiser.
GRANTEE and GRANTOR shall each pay the cost of the
appraiser chosen by them and equally share the cost
of the third appraiser.
3. If GRANTEE wishes this transaction handled through an
external escrow, all charges for said escrow shall be
paid by GRANTEE. The cost of title insurance, if
desired by GRANTEE, and the cost of Documentary Tax
Stamps, if any, shall be fully borne by GRANTEE.
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IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
CITY OF t=TINGTON AC
By. _ �-4� -� -� By
Clerk, City o ntington nndrOR
Beach
Approved as to form
Ass't. City Attorney.
ATTEST:
W. E. ST JOHN, County Clerk of COUNTY OF ORANGE,
the County of Orange, and ex- a body corporate and politic
officio Clerk of the Board of
Supervisors of Orange County By
C airman, Boar of Supery sons
By
Deputy
APP aOVED AS TO FORM:
Adrian Kuyper
Coun y Counsel
—_
By
APPROVED AS TO DESC
A. S. Koch
County Surveyor d Road
Co ner
COMMENDED FOR APPROVAL:
A. S. Koch
County Surveyor an ad
Consais Y
By
Stanley E. Krause
Director
Department of Real Property Services
By.
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