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HomeMy WebLinkAbout1978-12-19 - Grant 111-170-HB CO To RECORDING R4 3TED 6Y � /l! ! 70 � 70 � r 3 �► City of Huntington Beach 2S524 �� (Z- y- oa / AND WHEN RECORDED MAIL TO Bx 1 2 / ' Pc 895 Y P � � , 4 City Clerk EXEMPT A HORNCity of Huntington Beach C-12 nri IA14- ie:n P. 0. Box 190 4066 City• Huntington Beach, CA. 92648 State MAIL TAX ITATIMINn TO Name st,«t Tax-Exempt-Government Agency Aee,..tO cy of Huntington Bealr City & Alicia M. Wentworth seas L. _J City Clerk CORPORATION GRANT DEED t®epa#fir !ty Clerk FOR A VALUABLL•' CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY, a corporation organized under the laws of the State of California hereby GRANTS to the CITY OF HUNTINGTON BEACH, a municipal corporation, that Certain real property in the City of Huntington Beach, County of Orange , State of California, described on Exhibit A, annexed hereto and made a part hereof. EXCEPTING AND RESERVING to Huntington Beach Company, J,t;s successors and assigns , from that portion (hereinafter called the "sub-500 portion") of said real property °lying below a depth of five hundred (500) Feet beneath the surface thereof,` all oil , gas , asphaltum and other hydrocarbons and all other minerals whether similar or dissimilar to those herein specified and including all fissionable materials within or that may be produced or extracted or taken from the sub-500 portion of said rural property, which said oil, gas, i asphaltum, hydrocarbons and materials shall be hereinafter collectively called the "uub-500 minerale" < and FURTHER EXCEPTING AND RESERVING to Huntington Beach Company, its successors and assigns , from that portion (hereinafter called the 'tsub-200 portion") of said real property lying below a dt.:pt:h of two hundred (200) feet beneath the surface thereof, thy: following: - RECORDED AT REQUEST 06 FIRST AMER. TITLE INS. M IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 8:00 A.M. DW �21 19M LEE A. BRANCH,County Recorder t BK 1297I PG 896 A. The sole and exclusive right from time to time to locate and maintain subsurface portions of oil and gas wells in the sub-200 portion of said real property and the right to drill for, produce, extract and take the sub-500 minerals from the sub-500 portion of said real property and the right to exercise all of the rights and privileges necessary for such drilling, producing, extracting and taking, and B. The sole and exclusive right to use the sub-200 portion of said .real _property to conduct operations from time to time by methods now known or unknown which, in the opinion of Huntington Beach Company, are reasonably designed to benefit or facilitate the drilling for or production, extraction or taking of the sub-500 minerals from the sub 500 portion of said real property or any minerals from lands other than said real property (hereinafter called the "other lands") , together with the right to drill a well or wells or use any existing wells in, into or through the sub-200 portion of said real property, for the purpose of injecting into the sub-500 portion of said real property or into other lands, oil, gas, air, water or other liquid or gaseous substances, including the right, from time to time to ignite or otherwise activate any or all of such substances so injected or any or all of the sub-500 minerals within the sub-500 portion of said real property or any minerals from other lands; and C. The sole and exclusive right from time to time to drill into and through the sub-200 portion of said real property from other lands by means of a well or wells drilled from the surface of other lands, together with the sole and exclusive right to repair, redrill, deepen, maintain, rework and operate such wells and produce any minerals from other 2 . 9K 12971 PG 837 f:. lands by means of such well, or wells, through the sub-200 portion of said real property; and D. The sole and exclusive right from time to time to locate, operate and maintain subsurface portions of wells in, into or through the sub-200 portion of said, real property and the right from time to time, to inject, store, pressurize, and remove the sub-500 minerals or any minerals from other lands for the purpose of storing the same in the sub-500 portion of said real property or in other lands. The 'above described rights excepted and reserved to Huntington Beach Company, its successor and assigns , shall not be limited to, or by, the first or any subsequent exercise thereof. Nothing hereinabove set forth shall be deemed to reserve to Huntington Beach Company, its successors or assigns, any interest in the surface or in any portion of said real property lying within two hundred (200) feet measured vertically downward from the surface of said real property. .FURTHER EXCEPTING AND RESERVING all water rights of or related to or appurtenant to said real property incluling, but not limited to, all right to percolating waters, artesian waters and underground streams , but without the right of surface entry. FURTHER EXCEPTING AND RESERVING to Huntington Beach Company, its successors , grantees, and assigns, an easement for the purpose of, from time to time, 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 devices for controlling electrolysis for use in connection with said pipelines, and to construct, maintain, operate , repair, renew, add to and remove underground wires, conductors, cables and conduits, 'and appurtenances thereof, with the 3 . a BK 12971 Pc 89g right of ingress and egress to and from the same, over and through, under or along that certain parcel of land situate in the City of Huntington Beach, County of Orange, State of California, and described on Exhibit 'B' ; annexed hereto and made a part hereof. This Grant Deed is subject to all matters of record. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Vice President and Assistant Secretary thereunto duly authorized. 19 71, . HUNTINGTON BEACH COMPANY By Vice P e den By, , Assistant Secretary 41 �20 FD AS TO FORM CAIL kI'J7T0,J City Attorzw i C y Att�03'riey i ,P 4. 12971 PC 899 • ®® City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is t`�q.__-�,,p,�e-r'tify that the interest in real property conveyed by the deed /q, iy7,r- from Huntington Beach Company 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 No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. ` Dated : December 18, 1978 CITY OF HUNTINGTON BEACH XMIA M. WiENTWORTH City Clerk By: �, �� eK 2971 PG 90o EXHIBIT A All that cartain l ►n" situated in the Stite ut Cilitoruia, . County Or Ur[14e, :.Icy or duittingt3Ci beach, descrioed pis rollows: PARCEL 1: The South uae-nalt Jt BIOCK 3201 ut Nast Side Villa Tract, as shown on a Mal, rtcurle3 in gook 4, pjya by of misc�_lianeous naps, recoras of Uranga County, Cdlitorniae Except the East 21.UU te`t tr►ereUt. PAkCEL l The North halt or block 3LUl of the East Side Villa Tract is shown on .i map recorddu in Doak 4, page 65 ut Misceilan(!ous Claps, records or Utnuya Cuutity, Calitornia, and that purcian - of rslacK 3tU1 or Baia List Side Vi11a Tract, deSCLIDeci as tUltoWs. beginning At the hirtnwest corner or yiia block 3202; thence East 45.UU teet; tneace South 15.).UU teec ; thetiCa Blest 45•UU teet; thence Natth 15U.UJ reet to the golat of beginning PARCEL 3: Block 31U1 of the Fist Side Villa 'Pratt, as shown on a map recorsea ill DOOK 4, pige 65 of lisColigneous daps, recoras of Orange County, Calirornia. Excpeting theretrom the ►iestarly 45.UU tees of thy: Northerly 150.UO teet. Also excepting tneretrum that portion of the Southerly 150.00 teat lying Westerly or the westerly line or the Easterly 15U.00 teat thereat. BK 12971 PG 901 EXHIBIT B All that certain land situated in the State of California, County of Orange, City of Huntington Beach, described as follows A strip of land 15 .00 feet in width, the centerline of which is described as follows: Beginning at a point in the north line of Block 3202 of the East Side Villa Tract, as shown on a map recorded in Book 4, Page 65 of Miscellaneous Maps, records of said Orange County, which point is 305 .00 feet west of the east line of said Block 3202 thence south, parallel with said east line, 150.00 feet to the south line of the north one half of said Block 3202, which south line is also the south line of a 10-foot wide right of way granted by that certain right of way agreement dated November 8, 1922 and recorded in Book 445 , Page 267 of Deeds, records of said Orange County. MINT/NOMW STRFET g } rAS r S/OE 13 � - smer E2 i 1 t r f - ,� � slie• _ � z . stor , xo toot - p '_. JJQtI Not ova ! RitAl1M w •t !sKlt Cc nuor ZW y V +•` " I�XtEROAO , ` trruFtsl � A►/EAft/E` `�, .- - SEAS!'S10E YI�EA TR OD A�Af 6Sr ANTE - A' SESSEARs OL �0 ASSE'$$Vfi''� AtAA MARCH 1951 _ _ _ l�ilA► A4rEtEA r BG�G! It1 m4rtr MARCH l9T4-ls II" ' 1 4 g 9 .Stl�Il4"AI tOAf C/A+a" CQtlNTY QF fJRAA►!+Le' t loo' J 18 19 L HUNTING rON STREET 5 j W EAST SIDE VILLA I© 13 c /91.4c po srocEr 4.37AC 1 -- ---- O_------ ti a Y.rt Is6. � a eon f re, irt' y ' f O Jtat llr0 . t soo toot In J N lt0l Pal Ota@aera TRACT sleres oc• W /N' 3 RA ILROA0 IYACATIAP AVENUE 16 f EAST SIDE VILLA TRACT M.M. 4-65 NOTE - ASSESSOR'S BLOCK A ASSESSOR'S MAP MARCH 1951 PARCEL NUMSERS BOOK 1 I 1 PAGE 17 MARCH I974-75 W CD SHOWN CIRCLES COUNTY OF ORANGE No. Form Sta chard C v . CLTFI Staodard Coverage Policy Copyright—1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 1,483 .25 Amount of Insurance: $ 587 ,500.00 Policy No. OR-1234823` Date of Policy: December 21, 1978 at 8 :00 A. M. 1. Name of Insured: CITY OF HUNTINGTON BEACH, a municipal corporation. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, a municipal corporation. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. _ Page 2 r ------------- Form No.' 1084—B . CLTA Standard Coverage Policy 0 Copyright—1974 SCHEDULE B OR-1234823 This policy does not insure against loss or damage,nor against costs,attorneys' fees or expenses,any or all of which arise by reason of the following: Part One: 1. 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. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency 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 the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances,or claims thereof,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,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water. 6. Any right, title,, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C,or in abutting streets, roads, avenues, alleys, lanes,ways or waterways,but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or govern- mental regulation: 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created,suffered,assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the 'snsured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See following attached pages for part two. Page 3 aR-1234823 1. Second installment General and Special Taxes for the fiscal year 1978-1573, amouaz $727.86; Code Area 04-001, A. P. No. 111-17 0-0 9, 111.-17 U-11 and 111-17 U-13. Taxes shown above :may be sut3ect to reassessment and increase. t.` Covenants, conditions and restrictions in the Deed trom Huntington Beach Co. recorded in boox 16L, page 17 of deeds, but deleting restrictions, it any, tased on race, color, religion cr national origin. ' (Atrects Parcel 1. ) 3. An Easevent as set torth in the above instrument for pipe lines for distribution of water over said -Land within 3 feet of tale lot line. said. instrument contains, among other things, the following-. A Right ot` way to construct' irrigation cr drainage ditches through said tract to irrigate or drain the adjacent land; aid the use and control of cbenegas and natural streams of water. 4. The Effect of an Uil and Gas Lease dated November 16, 1919, covering all of 'Lot Izol, executed by H, A. Bowazan and Eva M. boaman, as Lessors, to Louis N. Whealton, as Lessee, recorded November 1'9, 1919 in book 11, page 334 or Leases. so far as shown by the records, said Lessors' had no right, title or interest in and to the North halt of .said block 3CW1 on the date of said Lease, Dior have they since acquired any -interest there-in. Mate: The lien or charge of said lease has been eliminated nsota`r as it attects the South half of Block 3201. Various instruments appear of record attect ng or' purporting to attect the interests` of the lessors and lessees under said .lease, tut this Report does not cover an examination' of or insurance as to the et.tect -tnereot, ' of the present ownership or conditions or said Leasehold. S. An unrecorded Oil and Gas Lease, covering Lots 3202 and the. North 1/L of Lot 3zOl, of said Nast Side Villa Tract and other land, dated uctober 14, 1920 tetween the Huntington Beach Cokkany-, as Lessor and E. J. Miley and William M. Keck,` as, Lessees, as disclosed in the Notice of Lease recorded January 14, 19'21 in book 19 ,page 8 o.f Leases. Page 4 UH-1 t348,_3 Note 1. recorded January 14, 13z1 in book 17, page 397 of Leases is an assignment of said lease dated December 31, 1920, executed by E. J. Miley and William M. Keck to tjiley--Keck Uii Company, a corporation. Note Z: hecorded August 11, 19 5 in book 53, page 194 of Deeds is a Consent to above assignment by Alice B. Keck, wife,' of W. M. Keck. Note 3, kecorded August 11, 19z5 in book 53, page 195 of Leases is a Consent to the above assignment . by Beatrice M. Miley, wife of E. J. Miley. Note 4. fiecorded November 30, 1921 in book 407, page Ott of Deeds and re-recorded January 18, lg12 in gook 411, page 209 of Deeds is a ;Quitclaim Deed crated November 29, 1321 executed by Miley-Keck oil Company, to Huntington beach Company, describing Parcel 2- and other land. Said Quitclaim Heed` recites: "lt is especially understood and ,agreed that no operations,for securing oil,' gas or other hydrocarbons shall be conducted on said premises by the Grantee, its successors or assigns, so long as the lease now existing between the Grantee and Grantor herein remains in farce on any of the property ct. the Grantee within z5o feet from the boundary lines respeetively, of the above described and Quitclaimed properties." Various instruments; appear of record affecting or purporting to attect the interests of toe iesscrs and lessees `under said lease, but this report does not cover an examination 'of or insurance as to the' ettect thereof, or the present ownership or conditions of said Leasehold. 6. ; The night or tray over the southerly 5 feet of said land to- lay , construct, maintain, operate, repair, renew, change the size cf, and remove a pipe line for the transportation ct oil, petroleum, gas or water, wthe the right of ingress or egress to and from the same, as conveyed to Standard Oil Company by deed recorded 'December �2, 1921 -in book 406, page 498 of Leeds. Note: Affects Parcel . 7. The Easement or right of way along and over the Easterly lh teet of the North half of said Block `3201 to lay, construct, maintain, "operate, repair, renew, change the size of and 'remove a pipe line for the transmission ct gas, eater, oil or petroleum and to erect, maintain -and 'opera:te telegraph or telephone Page I 0&-11348.,3 lil lines, with the right of ingress and ,egress to and trom the slame, as reserved in the deed from Huntington Beach Company tic R. H. herron Company, recorded February 11, 1922 in book 4!14, page 105 of Deeds, upon the covenants, conditions and r' strctcns as therein contained. 8. A night of ray for pipe lines to be laid on'a strip of l na 8 feet wide lying West ot, parallel with and immediately adjacent to the East line of said block 'and extending from t e North line 'ci Block 3r0z to the South line of the North 2 0 Meet to Mock 3001 and also to he lain on a "strip ot land 10 feet wide, the South boundary of 4hich in a line parallel with and 150 .feet South of the North line of said block 320:t and extending trout- the East line to the West line of the East 410 feet ct said block .3zU1, a�i conveyed by the Huntington Beach Company to the Standard Oil Company by deed dated November H 19z2 recorded - t . 6 r d d December r 1�, 19�1„ in book 445, page.. zb7 of Deeds, records of Orange County, Calitornia. (Affects Parcel ' 9. A Right of way for pipe lines to be laid on, a strip OE land 10 feet wide lyinq South ot, parallel with and immediately adjacent to the North line of said Block `3z02 and extending westerly ,trom the Fast line thereof. a distance of 160 feet, as conveyed by the Huntington Beach Company to the Standard Oil Company by deed dated May 18, 1923 recorded October 6, 19L4 in book 544, pace 130 of Deeds; records of orange County, California. 10. An Easement as set forth in an instrument Recorded April 26, ' 19b5 in Hook 7496, 'page 559 of Otficial Records, For: aerial and underground electric lines and communication lines consisting of soles, guys and anchors, crossarms, wires, cables, conduits, manhoies, vaults, 'pull boxes, maricers and tither fixtures and appliances an+i incidental purposes. over: the Westerly lU feet of said Parcel 1. 11. An Easement- as set forth in an instrument Recorded August 15, 1971, in Book 10275, page 464 of Official Records, For: street, publicl, utility 1.urposes and incidental purposes. Over: that I,ort on of Block 3c01 and the Wiest 45.00 feet. of block 320z of the cast Side Villa Tract as shown on a crap- recorded in book 4, page 65 of Miscellaneous Page 6 iJk-1234F323 ` Maps records of said County lying Northerly of a line parallel with and 50.00 feet Southerly, measured at right angles from the North line or the North East one-quarter of Section e, Township 6 South, Range 11 West, San Bernardino Base and 'Meridian.' 1 . An Basement for the transmission of electirc energy for communication and other purposes, consisting of poles, cables, wires, underground conduits, and appurtenances thereto, as conveyed. to general 'Telephone Company of Calitorni., a corporation, by; instrument recorded November 17, 1972 in book 10 43L, page 3j5 of Ofticial' Records, upon the reservations and provisions therein contained, over the following described land A strip of land 4 feet in width within Block; 3202 of East Side Villa Tract as shown on Map recorded in book 4, page 65 of Miscellaneous Maps, in the ottice of the County Recorder of said Orange County. 8xcepting trom said block 3i0L the westerly 45 feet of ,the Northerly 150 feet and the Southerly 150 feet of the Westerly 305 Meet thereof. The centerline of said strap or land 4 feet in width is , described as to iows Beginning at a point in the westerly line of the above described ,property distant Southerly 16 feet from the Northwesterly corner of said property: thence 'Easterly .parallel with the Northerly lane of said block 3202 a distance of 410 feet to the Easterly line of said Bloc-& 3202. 13. An Easement for pipelines, appurtenances thereof' and incidental purposes, for the transportation of oil:, petroleum,' gas, gasoline, stater or other substances and for conduits and appurtenances thereof, with the right of ingress and egress to and tram -the' .same, over the following uescrrbed land as reserved ty auntington reach Company, a corporation in deed recorded Lecember el, 1978. A strip of land 15.00 feet in width, the centerline of which is descrited as follows: Beginning at a point in 'the Worth line of Block 3202 of the East Side Vilia Tract, as shown on a map recorded in Book 4, page 65 of Miscellaneous Naps, records of said orange ,County, Page 7 0E-1234623 which point is 305.00 teet West- of the East line of said Blcck 3202; thence South, parallel with 'saia East line, 150,.00 teet tc the South line of the forth one halt of said Block 3202, which South line is also the South Line of a 10-toot wide right of way Igranted bl that certain right o.t way agreement dated November b, 19z2 and recorded ,in book 445, gage e.bZ ot Deeds, 're+corus of said Orange County. Page Wi-1234a23 SCHEDULE C The land referred to in this policy is situated in the State f of California, County of Orange, City of Huntington Beach, and is described as tollowsz PARCEL 1= The South cane-half off: block 3tHl of fast Side Villa Tract, as shown on a Map recorded in book 4 page 65 of Miscellaneous 11aps,'' records of Orange County, California, Except tfic East 21.00 feet thereof. Also Excepting from that portion ( hereinafter called the "suj- 500 portion •') of said real property lying below a depth of five hundred feet beneath the surface thereof, all oil, gas, asphaltum and other, hydrocarbons and all other 'minerals whether similar: or dissimilar to those herein specified and .including all fissionable materials within or that may be produced or extracted or taken from the sub-5CO portion of said real property , which said oil, gas, asphaltum, al rocarbons and materials shall be hereinafter collectively called the "sub- 500 minerals", ana further except ng, from that portion (hereinafter called the "sub-20b portion") of said real property lying below a depth of two hundred feet beneath the surface thereof, the follow, ny A. The sole and exclusive right from time to time to locate and maintain subsurface portions of oil and gas wells in the sun-zOO portion of said real property and the right to drill tor, produce, extract and take the sub-500 minerals from the sub-500 portion of said real property and the right to 'exercise all of the rights and privileges necessary for such drilling, producing, extracting and taking; and B. The sole and exclusive right to use the sub-200 portion of said real ;Property to conduct operations from time to time by methcds` now known or unknown which, in the opinion of ; Huntington Beach Company, are reasonably designed to benefit or tacilitate, the drilling ,.for or production, extraction or taking of the sub-500 minerals from the sub-500 portion of said real property or any minerals trom lands other than said real property (hereinafter, called the "other lands") , together with the right to drill a well, or wells or use any existing !-age 9 OR-1Z348Z3 I,JH.tfs wells in, into or through the sub-zOO portion of said real` property, for the purpose of injecting into the sun-500 portion of said real property or into other lands, oil, gas, air, crater or other liquid or gaseous substances, including the right, from time to time to :ignite or otherwise activate ;any or all or such 'substances so injected or any or all of the sub-500 minerals within the 'sub-500 portion of said real pro...erty cr any minerals front other lands; and C. The sole and exclusive right from time to; time to drill into and through the Jub-,WU portion of Sala real property from other lands by means of a well or wells 'drilled from the surface of other lands, together with the sale and exclusive right tc repair, redrii , deepen, maintain, rework and operate such 'wells and produce any minerals from other lands by means of such well, or wells, through the sub-2"00 portion of said real property ; and D. The sole and exclusive right_ trom time to time to locate, operate and maintain subsurface' portions of wells in,, into or through the sub-200 portion of said 'real property` and the right from time to time 'to inject, store, . pressurize, ,and, remove the sub-5UO minerals or any minerals from other lands to the purpose of storing the same in the sub;500 portion cf said read property or in other lands.: The above described rights excepted and reserved to Huntington Beach Company, shall not be limited to, or by, the first or and subsequent exercise tbereof. Nothing hereinabove set forth shall be deemed to reserve to duntington Beach Company, its successors or assigns, any interest in the, surtace or in any portion of said "real property , lying within two hu:ncred tent measured vertically downwarr from the surface of said real property. Further Exeeeti.ng all water rights of or related to or appurtenant to :said real property including, but not limited to, all right to percolating graters, artesian wagers and underground streams, but without the right of surface entrye PARCEL z : The Aorth halt of Block 3201 of the East Side Villa Tract as shown on a map recorded in book 4, page .65 og Miscellaneous Maps, records of orange County , California, and that p-ortion of Blocr, 3202 o.t said "East Side :Villa Tract, described as follows: Pace 10 oa-1234823 LJH:t fs Beginning at the i\Jorthwest_ corner of said Block 320,d; thence East 45. 00 feet; thence South 150. 00 teet; thence West '45.00 feet; thence ?forth 150.00 teet to the point of beginning. Also Excepting from that portion ( hereinafter called the "Sul)- 500 portion ") of said real property lying below a depth of five hundred teet beneath the surface thereot, all oil, yas, asphaltum and other hydrocarbons and all other minerals whether similar or dissimilar to those herein specxt ed and including all fissionable materials within or that may be produced or extracted or taken trom the sub-500 portion of said real property, which said oil, gas, asphaltum, hydrocarbons and, materials shall be hereinafter collectively called the "sub- 500 minerals", and- turther excepting from that portion (hereinafter called the "sub-ZOO portion") of said real property lying below A depth of two hundred feet beneath ;the surtace thereof, the following.: A. The sale and exclusive right from time to time to locate and maintain subsurtace portions of' oil and gas wells in the sun-ZOO portion of said real property and the right to drill for, produce, extract and take the sub-500 minerals from the sub-•500 portion ot, said real property and the right to exercise all of the rights and privileges necessary for such drilling, producing, , extracting and taking; and B. The sole and exclusive right to use the sub-200 portion of said real property to conduct operations from time to time by methods now known or unknown which, in the opinion of Huntington Beach Company, are reasonably designed to benefit or taci.litate the drilling for or production, extraction or taking of the sub-500 minerals from the sub•-500 portion of said real property or any minerals from lands other than said real property (hereinafter called the "other lands'), together with the right to drill a well or we-Us or use any existing wells in, into or through tht, sins-zOU portion of said real property, for the purpose of injecting . into the sub-50U portion of said real proijerty or into other lands, oil, gas, air, water or other liquid or gaseous substances, including the right, from time: to time to isn to or otherwise activate any or all of such substances so, injected or and or all of the sub-500 minerals within the sub-500 portion of said real property or aay minerals frost other lands; and C. The sole ana exclusive right trom time to time to drill into and through the sub-000 portion of said real property front other lands by means of a well or wells` drilled from the Page 11 OR-1234823 I,JHtts surface of other lands, together with the sole and exclusive right to repair, reariil, deepen, maintain, rework and operate: such wells any: produce any minerals from other lands by means of such well, or wells, through. the sub-200- portion of said real property ; and D. The scle and exclusive right from time to time to locate, operate and maintain subsurface portions of wells in, into or through the sub-20U portion of said real -property and the right from time to time, to Iinject, store, pressurize, and remove the sub-500 minerals or any minerals from other .lands for the purpose of <storing the same in the sub-500 portion cf said real property or in other -lands. The above described rights excepted and reserved to Huntington Beach ComFany,: shall not be limi tea .to, or by, the first or any subsequent exercise thereof. Nothing hereinabove set forth shall be deemed to reserve to Huntington Reach Company,, its successors' or assigns, any interest in the surface or in any portion o.t said real property , lying within two ftuncred feet measured vertically downward from the surface of said real property. Further Excepting all water rights of or related.` to .or appurtenant to said real property including, but not limited to, all right to percolating waters, artesian waters and underground streams, nut without' the right of surface entry. PARCEL 3: Block 3ZOz of the Last slue Villa Tract, as shown on a map recorded in book 4, page bS of Miscellaneous maps, records of orange County, California. Excepting therefrom the Westerly 45.00 feet of the Northerly 150.00 feet. Also excepting therefrom that portion. of the Southerly 150.00 teet lying 'Westerly' of the Westerly line ojt the Easterly 15D.00 feet thereof. Also 'Excepting from that portion (hereinafter called the "sub 500 portion ") ct said real property lying below a depth of five hundred feet beneath the surface thereof, all oil, gas, asphaltum and other hydrocarbons and ail other minerals whether, similar or dissimilar to those herein specified and including , all fissionable materials within cr that may be produced or extracted or taken from the sub-'500 portion of said real Rage, 1. OR-l234 23 LJH:tts property, which said oil, qas, asphaltum, hydrocarbons and materials shall be hereinafter collectively called the "suu- 500 ainerals", aad turther excepting from that portion (hereinafter called the "sun-200 portion") of said real property lyin�j below i depth of two hundred feet 'beneath the surface thereof, the following- A I'he sole and exclusive right from time to time to locate and maintain subsurface, portions of oil and. gas wells in the: sub-cUfl potion of "saia'real property and the right to drill ter, produce, extract and take the sub-500 minerals from the sub-500 portion of .said real property and the right to exercise all of the rights and privileges, necessary for such drilling, producing,, extracting and taking ; anti B. The sole and exclusive right to use the sub-200 portion of said real property to conduct operations from time to time by methods now known or unknown which, in the opinion of Huntington Reach Compani , are reasonably designed to benefit or tacilitate the drilling for or productions, extraction or taking of the sub-500 minerals from, tne, suo-500 portion of said real property or any minerals from lands other than said real property (hereinafter called the "other lands"), together with the right to drill a well or wells or use any existing Wells in, into or througD the sun-LOU portion of said real property, to the purrose of injecting into the suo-500 portion of said real property or into other lands, oil, gas, ax.r, water or 'other''.liquid or gaseous substances, including the right, from time to time to ignite or otherwise 'activate any or all ct such substances so injected or any or all of the sub-500 minerals within the sub-500 portion of said real property or auy minerals from other lands, and C. The sole and exclusive riglit from time to time to drill into and through the sub-LOO portion of said real property .from other lands by means of a well or wells drilled from the surtace of other lands, together with the sole and exclusive right -to repair, redrrl , deepen, maintain, rework and operate such wells and .kroduce any minerals tram other :lands by means of such wEli, . or dells, through the su.o-200 portion of said 'real property; aria D. The sole anct exclusive right trom, time to time to locate, operate and maintain subsurface _ portions; of wells in, into or through the sub-200 portion of said real property and the right Crow, time to time, to inject, store, pressurize,, and re4iove the sub-500 minerals or any minerals" from other lands Page 13 OH-1Z3u813 LJH.tfs for the purpose of storing the same in the sub-500 portion of said real property or :in other lands. The above described rights excepted and reserved to Huntington Beach ComFany, shall not be limited to, or by, the first or any subsequent 'exercise thereof. Nothing hErciadbove set forth shall be deemed to reserve to Hulitington beach company, its successors or assigns, any interest in the surface or in any portion of saia real property ly.ii}g within two nu'ndred feet measurea vertically cLownward front the surface of rain real property. Furti;<iz�r Excepting all water rights cr or related to or appurtenant to said real property including, but not lim tea to, all right to percolating waters, artesian waters and underground streams, but without the right of surface entry. Page 14 EMMT OF THE ACTION•OF'THE CITY COUNCIJ* Council Chamber, City Hall Huntington Beach, California November 6, 1978 Mayor Shenkman called the regular meeting of the City (Auuncii of the City of Huntington Beach to order at 7:30 P.M. Present: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman Absent: Thomas PURCHASE OF LAND FOR WATER OPERATIONS FACILITY - APPROVED The City Clerk presented a communication from the Department of Public Works regarding purchase of three acres of land at Garfield Avenue and Huntington Street for expansion of the Water Utility Operations Yard. The matter had been deferred from the October 2, 1978 Council Meeting; Councilman Mandic expressed his concerns regarding the railroad boundaries to which the Director of Public Works responded. A motion was made by Pattinson, seconded by Mandic, to authorize the purchase of the Garfield/ Huntington site at the appraised value of $587,500. plus escrow costs: Councilwoman Bailey inquired as to the funding source and expense involved which was clarified by the Director of Public Works. The motion made by Pattinson, seconded by Mandic, carried by the following roll call vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Thomas S ie.Mou dG3(Xra )W Mayor Pro Tem /a 7rourned the regular meeting of the City Council of the City of Huntington Beach adjourned at 2:15 A M. to November 20, 1978 at 6:00 P.M. in the Room B- City Hall The motion was passed by the following vote: AYES: NOES: ABSENT: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Ron Shenkman City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) SS: City of Huntington Beach) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the fith day of November , 19 78 . WITNESS my hand and seal of the said City of Huntington Beach this the 18th day of December 19 78 - Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY iy"7Tj �c'C D put} INDORSEMENT Attached to Policy No. OR-1234823 Issued by First American Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary,the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined,forthe purpose of this Indorsement,to be 12:01 a. m.on the first January 1 which occurs more than six months after the Date of Policy,as shown in Schedule A of the Policy to which this Indorse- ment is attached,and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates,as defined above,by increasing the maxi- mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any,by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding ex- ceeds such Index for the month of September one year earlier;provided,however,that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, re- duces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy,the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim,or as of the date of receipt by the Company of the first notice of such claim,whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. First American Title Insurance Company Py `m �� � FTf r BY PRESIDENT � BY C. v. Kirk lgFiC, i ASSISTANT SECRETARY NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. FA—11 (9-30-74) Owner Inflation � A M � R f • s c Form No.1084(10/73) California Land Title Association Standard Coverage Policy Form Copyright 1973 „ POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures the insured,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF,First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company - BY PRESIDENT s ATTEST SECRETARY B1 348487