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Home My WebLink About1983-01-25 - Easement HUNTINGTON BEACH CO z 83--080697 t. az3 - 1el- t23 RECORDING REQUESTED BY40 RECOROW IN OFFICIAL RECORDS CITY OF HUNTINGTON BEACH Of ORANGE COUNTY,CALIFORNIA And when recorded mail to -422 PM FEB 2 2 '83 City Clerk EXE�P City of Huntington Beach TI P.O. Box 190 C 1 LEE A. BRANCH, Count Recorder Huntington Beach,California 92648 Space above this line for Recorder's use CORPORATION EASEME -4 n42 ILL t-jnyPrnmi%UL4g". .y City of Huntington�Y t ngton Bea FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Alicia M. Wentworth City Clerk I HUNTINGTON BEACH COMPANY, a California corporation By DeP CiCI+�r& do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement and right of way for street and utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of Califronia, described as folle Exhibit A attached hereto and made a part hereof, and EXCEPTING AND RESERVING TO GRANTOR as set forth in Exhibit B attached hereto and trade a part hereof. FORM: APPROVED AS TO F 0 GAIL HUTTON City Attorney By: Ili Deputy(Ci ttorney II I In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed b its Vice President and Assistant Secretary � y y thereunto duly authorized. HUNTINGTON BEAC�,COMPANY, a California Dated: Corporation STATE OF C LIFORNIA SS. By i F / 1 G e President Covivy OF On before me,the under- By S'1 all Secretary # sig d, a Notar P is in ano for s4id State, personally appeared own to t bee he Presq ent and n � nown tome to be Secretary o the Corporation that executed the "`-"""""""""`� OFFICIAL SEAL 0 within Instrument, known to me to be the persons who executed the 0 0 SHIRLEY M. HOLMAN within Instrument on behalf of the Corporation therein named, and 1 Notary Public-California 0 acknowledged to me that such Corporation executed the within Instru- 0ORANGE COUNTY i ment pursuant to its by-laws or a resolution of its board of directors. 0 My commission expires 11-25-84 r WITNE§54K hand and official seal. """� 2110 Main Street Huntington Beach" ,CA;;;a Signat Name(Typ04d or Printed) (This area for official notarial seal) 63-030697 JA City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated January 25, 1983 from Huntington Beach 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 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 February 9, 1983 CITY OF HUNTINGTON BEACH • ALICIA M. WENTWORTH City Clerk By: �� 83-080697 1$ EXHIBIT "A" A dedication of right-of-way to the City of Huntington Beach, in the City of Huntington Beach, County of Orange State of California described as follows: Beginning at the centerline intersection of Pacific Coast Highway & Goldenwest Street; thence Northeasterly along the centerline of Goldenwest Street 408.001 ; thence Northwesterly at right angles to said centerline 45.00 , to the true point of beginning; thence continuing Northwesterly at right angles to said centerline 15.00r ; thence Northeasterly parallel with said centerline 432.001 ; thence Southeasterly at right angles with said centerline 15.00 ' ; thence Southwesterly parallel with said centerline 432. 00 ' to the true point of beginning. 83-080697 EXHIBIT B TO CORPORATION EASEMENT DEED BETWEEN HUNTINGTON BEACH COMPANY AND THE CITY OF HUNTINGTON BEACH DATED: November , 1982 Excepting to Grantor all right, title and interest in said real property below a depth of two hundred (200) feet below the surface thereof, and reserving to Grantor, its successors and assigns the following: A. All oil, gas, asphaltum and other hydrocarbons and other minerals, whether similar to those specified or not, within or that may be produced from said real property or any portion or horizon thereof. B. The sole and exclusive right from time to time to locate and maintain subsurface portions of oil and gas wells in said portion of said real property and the right to drill for, produce, extract and take minerals and materials above described in right paragraph A from said portion of said real property and the rig toexercise all of the rights and privileges necessary for such drilling, redrilling, producing, extracting and taking; and C. The sole and exclusive right to use said portion of said real property to conduct operations from time to time by methods now known or unknown which, in the opinion of Grantor or any of its successors or assigns, are reasonably designed to benefit or facilitate the drilling for or production, extraction or -taking of said minerals and materials described in paragraph A from said portion of said real property, together with the right to drill a well or wells or use any existing wells, in, into or through said portion of said real property, for the purpose of injecting into said portion of said real property, other real property, 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 said minerals and materials described in paragraph A within said portion of said real property or other real property; and D. The sole and exclusive right from time to time to drill into and through said portion of said real property from real property other than said real property by means of a well or wells drilled from the surface of real property other than said real property together with the sole exclusive right to repair, redrill, deepen, maintain, rework and operate such wells and produce the minerals and materials described in paragraph A above from real property other than said portion of said real property by means of such well, or wells, through said portion of said real property, and E. The sole and exclusive right from time to time to locate, operate and maintain g P subsurface portions of wells in, into or through said portion of said real property and the right from time to time, to inject, store, pressurize and remove said minerals and materials described in paragraph A for the purpose of storing the same in said portion of said real property or other real property. 4 88--080697 The above described rights excepted and reserved to Grantor, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof. FURTHER EXCEPTING AND RESERVING to Grantor, its successors and assigns, all water rights of or related to or appurtenant to said land including, but not limited to, all right to percolating waters, artesian waters and underground streams. This Easement Deed is made upon the express condition and covenant that Grantee shall use said real property for street and public utility purposes and for such purposes only; and upon further express condition and covenant that if Grantee shall not improve, develop or construct upon or otherwise put to use in a similar manner said real property, or if Grantee shall thereafter cease, terminate or otherwise discontinue such use for a continuous period of six (6) months then said easement shall terminate and be of no further force or effect and said real property shall revert to Grantor, its successors or assigns, without any further act by Grantor required, and Grantor, its successors or assigns, shall have the right to re-enter upon said real property and take exclusive possession thereof and shall have the P P P Y further and additional right to demand of and receive from Grantee a Quitclaim Deed to said real property and all of Grantee's right, title and interest therein hereunder. This Easement Deed shall not affect, and Grantor further excepts and reserves to itself and its successors and assigns, the right to receive any sums, including rental, royalties or other payments, due or to become due under or by virture of any lease or agreement affecting said real property, including without limitation, the following listed leases and agreements: i (a) that certain Oil and Gas Lease (known as Lease A) dated September 27, 1919, recorded October 6, 1919, in Book 11, at Page 217 of Leases in the Official Records of Orange County, California, and all modifications, amendments and supplements thereto, (b) that certain Oil and Gas lease (known as Lease B) dated September 20, 1920, recorded October 22, 1920, in Book 15, at Page 276 of Leases, in the Official Records of Orange County, California, and all modifications, amendments and supplements thereto. Without limitation on the generality of the foregoing, this Easement Deed is made without warranty of any kind or nature and the real property covered by this Easement Deed is conveyed subject to all liens, encumbrances, claims, righs, covenants, conditions, restrictions, easements, leases and agreements to which the same is or may be subject, whether or not of record.