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HomeMy WebLinkAbout1974-04-03 - Grant THE SIGNAL COMPANIES, INC 01 w Mail Tax Statements To RE By ',u /7 , -c r � Tp ED / :3 �/ CITY OF HUNTINGTON B a M,�i�"o Office of the City Clerl2'� P. 0. Box 190 FREE Huntington Beach, Calif. 92648 C8 . 'Fax-Exempt-Government Agency .,�� n . r 4 City of Huntington Beach `'`"`` 16753 Alicia M. Wentworth 'S- ` City Clerk '� d 4 _ .. ._. .. CORPORATION GRANT DEED By: .. Deputy City Clerk cv OMP FOR VALUABLE CONSIDERATION, receipt of which is hereby , .,w acknowledged: - -v c. THE SIGNAL COMPANIES,, INC. , formerly known as Signal Oil and Gas Company, a corporation organized under the laws of the State of Delaware, hereby grants to THE CITY OF HUNT- INGTON BEACH, a municipal corporation (the "City") , an ease- ment to construct, operate and maintain a covered storm drain and appurtenant structures in, over and across its leasehold interest under that certain Lease between CLARA J. ISENOR, HELEN NEWLAND TARBOX, CLINTON C. NEWLAND, JESSIE E. CORBIN and JOHN D. NEWLAND, as the Co-Trustees of the W. T. NEWLAND TRUST ESTATE, under Agreement and Declaration of Trust recor- ded in Book 637 at Page 306 of Official Records of Orange County, California, and THE SIGNAL COMPANIES, INC. , formerly known as Signal Oil and Gas Company, a corporation. Said Lease dated July 1, 1959, was recorded on October 8 , 1959, in Book 4917 at Pages 470, et seq. , of Official Records of Orange County, California, and re-recorded on October 28 , 1959, in Book 4945 at Pages 307, et seq. , of such Official Records. Said Lease was amended by Amendment dated October 30, 1959, and recorded December 16, 1959 , in Book 5018 at Pages 132, et seq. , of such Official Records and by Amendment dated April 5, 1963, recorded July 3, 1965, in Book 6617 at Pages 970, et seq. , and re-recorded August 20, 1963, in Book 6684 at Pages 84, et seq. , of such Official Records. Said easement to construct, operate and maintain a covered storm drain and appurtenant structures is granted in, RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. r' "-1`'1,114 -1- ej 't1 i Min. 2 P.M. APR171974 Pest SDE J.VIYLIE CARLYLE,C3uray Recorder $ t I t 2OPC 1924 over and across the real property situated in the City of Huntington Beach., County ofOrange, State of California, more particularly described in Exhibit A attached hereto and, by this reference, made a part hereof as if set forth in full herein, EXCEPTING THEREFROM, all water, water rights, oil, oil rights, minerals, mineral rights, natural gas, natural gas rights and other hydrocarbons, by whatsoever name known, that may be within or under the property hereby granted, together with the perpetual right of drilling, mining, ex- ploring and operating therefor and removing the same from said land or any other land, including the right to whip- stock and directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, explore and operate through the surface or the upper one hundred (100) feet of the subsurface ,of the land hereinabove described, or otherwise, in such manner as to endanger the safety of any highway that may be construc- ted on said land. Grantor reserves all rights compatible with and not prejudicial to the integrity of the City' s facilities. The rights reserved herein are subject to the following express limitations- -2- 1 t ! 2OPC 1025 1. Grantor will submit plans and engineering calcula- tions to, and obtain written approval therefor from City, prior to the construction of any permanent structures desired to be constructed by Grantor upon said land. Grantor will hold City harmless from any loss or claims for damages resulting from the inadequacy of the design of any permanent structure built by Grantor upon said land. 2. Grantor agrees to hold City harmless from any claims for damages from loss of business or damage to any permanent structure built by Grantor resulting from the operation, mainte- nance, repair, reconstruction, replacement or enlargement of the flood control facility to be constructed on said land, or from damage to any such permanent structure built by Grantor caused by flood or overflow conditions. 3. Grantor shall save City, its agents, officers and employees harmless from any and all penalties, liabilities or losses resulting from claims or court action arising dir- ectly or indirectly out of any damage or injury to persons or property by reason of the actions or omissions of Grantor in exercising any of the privileges herein granted or in consequence thereof. 4. In the event that City finds it necessary in the future to reconstruct, replace or enlarge the flood control facilities to be constructed on said land, City shall have the right to remove, if necessary, any improvements built by Grantor which have been constructed upon said easements and shall not be responsible for replacing said improvements . City' s only responsibility shall be to restore the flood con- trol facilities in substantially the same condition as before. City does agree to allow Grantor the right of salvage as to all improvements constructed by Grantor. -3- t ! !2OPG 1926 5. Unless otherwise provided in this easement deed, the terms, covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, admini- strators and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. IN WITNESS WHEREOF, the Grantor has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its officers thereunto duly authorized. DATED: APR 3 1974 THE SIGNAL COMPANIES, INC. A Dela P o oration BY � D .a Irr I Its VIBE PRESIDENT .J Cityf41 �i 5 .E,d Y o BY ] C Its e sunE/� STATE OF CALIFORNIA ) Les/I17 e SS: COUNTY OF ) On APR 3 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared B. L. ARMS known to me to be the IWE PRESIDENT and known to me to be the,4sst, T ec s ula.-'M of THE SIGNAL COMPANIES, INC. , the corporation that executed the within instrument, known to me to be the persons who exe- cuted the within instrument on behalf of the corporation there- in named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. teary Public ■ul4lt.1•_r�e■oeueee■o■■■■■■■u■ou■■un OFFICIAL SEAL l ■ LUCILLE MINER ■ mom' ^ NOTARY PUBLIC—CALIFORNIA ■ -4- ■■ o° PRINCIPAL OFFICE IN ■ ■ to k.OS ANGELES COUNTY ■ My Commission Expires June 15, 1974 on i■..o■■■u■rureuu■e■■■■■■■■u■uu■■I ZOPS 1927 EXHIBIT A That certain real property situated in the City of Huntington Beach, County of Orange, State of California, described as: PARCEL A: A strip of land, 40. 00 feet wide, in the Southwest Quarter of Section 1, Township 6 South, Range 11 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown on a Map recorded in Book 51, Page 14 of Miscellaneous Maps in the Office of the County Recorder of said County, said strip lying 20. 00 feet on each side of the following described center line: Beginning at a point on the South line ofsaid Southwest . Quarter, distant North 890 48 ' 32" East, 564.46 feet along said South line from the Southwest corner of said Southwest Quarter; thence, North 00 39' 39" West, 39.16 feet to the beginning of a tangent curve, concave Southeasterly and hav- ing a radius of 300. 00 feet; thence, Northeasterly 327.85 feet along said curve, through a central angle of 62° 36' 55" to the beginning of a reverse curve concave Northwesterly and having a radius of 300. 00 feet; thence, Northeasterly 212. 29 feet along said curve, through a central angle of 400 32' 42" ; thence, tangent to said curve North 21° 24' 34" East, 857. 69 feet to the beginning of a tangent curve, con- cave Westerly and having a radius of 493. 00 feet; thence, Northerly 241. 57 feet along said curve, through a central angle of 280 04' 30" to the beginning of a reverse curve concave Southeasterly and having a radius of 407.00 feet; thence, Northerly and Northeasterly 465.53 feet along said curve, through a central angle of 650 32 ' 08" to the beginn- ing of a reverse curve concave Northwesterly and having a radius of 300.00 feet; thence, Northeasterly 120.33 feet along said curve, through a central angel of 220 581 50" ; thence, tangent to said curve North 35° 53' 22" East, 451.12 feet to the beginning of a tangent curve concave Westerly and having a radius of 393.00 feet; thence, Northerly 216.64 feet along said curve, through a central angle of 310 35 ' 02" to the beginning of a reverse curve concave Southeasterly and having a- radius of 90. 00 feet, said curve also being tangent to a line which is parallel with and Southerly 20.00 feet from the North line of said Southwest Quarter thence, Northeasterly 134. 28 feet along said curve, through a central angle of 85' 29 ' 15" to its point of tangency with said parallel line; thence, North 890 47 ' 35" East, 701. 07 feet along said parallel line to its intersection with the East line of said Southwest Quarter, said intersection being South 00 39 ' 00" East,. 20. 00 feet along said East line from ,the Northeast corner of said Southwest Quarter. EXCEPT that portion thereof included within the North 40.00 feet of said Southwest Quarter. -1- , EXHIBIT A SDE 120PG 1928 Also EXCEPT that portion lying westerly of the following _ described line: Beginning at a point on the south line of said Southwest Quarter, distant North 890 48 ' 32" East, 340. 00 feet along saidSouth line from the Southwest corner of said Southwest Quarter; thence North 00 11' 28" West, 30. 00 feet to a point on a line parallel with and 30. 00 feet Northerly of said South line; thence North 89° 48 ' 32" East, 493. 00 feet along said parallel line to the TRUE POINT OF BEGINNING; thence North 0° 11' 28" West, 215. 00 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 1027. 00 feet; thence Northerly 3$7.18 feet along said curve, through a central angle of 21 36' 02" . PARCEL B: The South 20.00 feet of the North 40. 00 feet of the Southwest Quarter of Section 1, Township 6 South, Range 11 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown on a Map recorded in Book 51, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. EXCEPT that portion thereof lying Westerly of a line which is parallel with and Westerly 50.00 feet from the Southerly prolongation of the East line of Tract No. 6239 , per Map recorded in Book 226, Pages 25 to '27, inclusive, of said Miscellaneous Maps. ALSO EXCEPT that portion thereof included within the East 40. 00 feet of said Southwest Quarter. -2- RESOLUTION No. 303A I 2OPG 1 92!� RESOLUTION OF THE CITY COUNCIL OF THE CITY Or HUNTINGTON BEACH ACCEPTING THE GRUNT OF CERTAIN PROPLRTY TO THE CITY OF HUNTINGTON BEACH WHEREAS, Government Code Section 27281 provides that deeds or grants conveying interests in or easements upon real estate to a city for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by a certificate or resolution of acceptance attached to or printed on the deed or grant; and ,w WHEREAS, pursuant to that certain Agreement between the City; The Signal Companies, Inc. , a corporation, Signal Landmark, Inc. , a corporation, and Title Insurance and Trust Company, a corporation, dated a /i. , 1974, The Signal CompaDjes, Inc. , Signal Landmark, Inc. ; and Title Insurance and Trust Company have tendered to the City certain grant deeds identified in the Agreement. NOW, THEREFORE, be it resolved that the interest in real property conveyed by the grant deeds described in the Agreement, which are attached hereto, hereby is accepted, and the City consents to the: recordation of such grant deeds by its duly authorized officer. PASSED AND ADOPTED THIS I'�Clt, day of AV,ri l 1974. 469PO!7 , it o hunt ton [SEAL) ATTEST., Aq to f Clork, City cif 11wit l 114:1 toll i cacli STATE 0F CALIFO ' ) SS: z : COUNTY Or ORANGE ) B� t � !�1930 _, Alicia M. Wentworth , City Clerk of the City of Huntington Beach, DO HEREBY CERTIFY that the foregoing Reso- lution was adopted at a regular meeting of the said City Council held on the 1501 day of 12ri- 1 1974. AYES: COUNCILMEN: ShiFl�'Y Bartlett, Gi')bs . 'viaLn �y. Wi.eder�_ Duke, Coen . . . _ - - r _ ._ .. NOES: COUNCILMEN: None . ABSENT: COUNCILMEN: None Clerk, City of Huntington Beach The foregoing instrument is a correct copy of the original on file in this office. Attest City Clerk and Ex-Officio Clerk of the City Council of the City of Huntington Beach, Cal.