HomeMy WebLinkAbout1986-12-11 - Quitclaim HC CO x y 87�05529 RECORDED IN OFFICIAL RECORDS
T OF ORANGE COUNTY CALIFORNIA
RECORDING REQUESTED BY: EXEMPT
City of Huntington Beach C16 -2 32 Phi JAN 30 '87
WHEN RECORDED MAIL TO: �7 , /�A��� �(�J
Office of the City Clerk U y� - `� RECOUNTY ORDER
2000 Main Street Tax-Exempt-Government Ageney
Huntington Beach, CA 92648 City of Huntinllton Beach
Alicia M. Wenworth
City Clerk
Byt
- Oeput KY Clerk
SEND TAX STATEMENTS TO: Documentary Transfer Tax
X Computed on full value of property
conveyed, or
_ Computed on full value less liens and
Encumbrances remaining thereon at time
of sale
AP# 023-072-18
023-073-16 Signature of Declara
023-087-16 Huntington Bea c a y
024-053-17
024-062-19 By
024-083-09
024-084-03
024-170-11
0 24-170-12 "'
024-170-13 '
CORPORATION QUITCLAIM DEED
HUNTINGTON BEACH COMPANY, a corporation organized under the laws of
the State of California hereby REMISES, RELEASES, AND QUITCLAIMS to the CITY OF
HUNTINGTON BEACH, a California municipal corporation, the following described real
property:
Those portions of Section 2 and Section 11 of 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, described as follows:
That portion of a strip of land, 40.00 feet wide, described in a deed to the Santa
Ana and Newport Railway Company, recorded June 14, 1899 in Book 44, Page 66
of Deeds, records of said County, bounded as follows:
Bounded on the north by the centerline of Utica Avenue, a 60.00 foot wide street
as now laid out, shown on a map of Tract 10753 recorded in 'Book 486, Page 21 of
Miscellaneous Maps in the office of the County Recorder of said Orange County.
Bounded on the south by the easterly prolongation of the centerline of Pecan
Avenue (formerly Magnolia Avnue), a 60.00 foot wide street as now laid out, said
centerline being parallel with and 30.00 feet northerly, measured at right angles
from the north line of Block 402A, all shown on a map of Huntington Beach, Main
Street section, recorded in Book 3, Page 43 of Miscellaneous Maps in the office
of the County Recorder of said Orange County.
EXCEPTING AND RESERVING to Huntington Beach Company, its 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 fissionable materials within or that may be
i
produced or extracted or taken from 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
FURTHER EXCEPTING AND RESERVING to Huntington Beach Company, its
successors and assigns, from the sub-500 portion of said real property the following:
_.055298
A. The sole and exclusive right from time to time to locate and maintain
subsurface portions of oil and gas wells in the sub-500 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-500 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-500 portion of said real property, for the
of injecting into the sub- portion of said real property or into other lands oi!
i o s 500 > ,
purpose 1 g P P Pe Y
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-500 portion of said real property from other lands by means of a well or wells drilled
from the surface or 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 lands
by means of such well, or wells, through the sub-500 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-500 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 successors and assigns, shall not be limited to, or by, the first or any subsequent exercise
thereof.
FURTHER EXCEPTING AND RESERVING to Huntington Beach Company, its
successors and assigns, a right of way and easement to lay, construct, maintain, operate,
repair, renew, change the size of and remove line or lines for the transportation of oil,
petroleum, gas, water or other substances in, under, along, and across said real property as
more particularly described in Attachment"A" attached hereto and made a part hereof.
FURTHER EXCEPTING AND RESERVING 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, but excluding the right of surface entry.
This corporation quitclaim deed shall not affect, and Huntington Beach Company
further excepts and reserves, the right to receive any sums, including rental, royalties or
other payments, due or to become due under or by virture of any lease (including without
limitation any oil and gas lease) or agreement affecting said real property
This quitclaim deed is made subject to all matters of record and certain implied
easements for street crossings over and across said real property for the following streets or
87--055295
avenues: Magnolia (Pecan) Avenue, Frankfort Street and/or Fifth Street, Acacia Avenue,
Hartford Street and/or Palm Avenue, Indianapolis Avenue, Knoxville Street, Memphis
Street, Oswego Street, Adams (Quincy) Avenue, Springfield Avenue, and Utica Avenue.
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.
DATED: EfA - , 1986
HUNTINGTON BEACH COMPANY
By:
Vice President
By:
,�AssisVdnt Secretary
: 0:055296
Y
fS
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 December 11 , 1986 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 : January 27, 1987 CITY OF HUNTINGTON BEACH
AMA AL WENIWURTM
City er
By
II
87-05529 -
0
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of OeC_ecy,�OCC , 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared R. J. Work known to me or proved to me on the basis
of satisfactory evidence to be the Vice President , and
X. 3. CIA known to me or proved to me on the basis of
satisfactory evidence to be the AsSistant Secretary - Treasurerof HUNTINGTON
BEACH COMPANY, that executed the within instrument, and personally
known to me to be the persons whose names are subscribed to the within
instrument on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
Signature: ( .�
VOFFICIAL SEAL
THERESA KILLEEN
Notary Public-California
ORANGE COUNTY Theresa Killeen
My Comm. Exp. Jan.26, 1990
2110 Main St., Huntington Beach, CA 92648
Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
87--055290
ATTACHMENT A
LEGAL DESCRIPTION OF PIPELINE EASEMEMENT
The northerly ten (10) feet and the easterly ten (10) feet of the following described parcel of
land:
A portion of that certain strip of land, 40.00 feet in width, as
described in the deed to Santa Ana and Newport Railway Company,
recorded June 14, 1899 in Book 44, Page 66 of Deeds, lying within
Section 11, Township 6 South, Range 11 West, in the Rancho Las
Bolsas, as shown on a map in Book 51, Page 14 of Miscellaneous Maps,
records of Orange County, California, said portion bounded on the
north by a line parallel with and 220 feet south of the centerline of
Knoxville Avenue, 60 feet in width, and bounded on the south by the
centerline and the projection of said centerline of the easement for
street crossing purposes, 60 feet in width, between Blocks 402A and
503, as shown upon and delineated oin the Map of Huntington Beach,
Main Street Section, recorded in Book 3, Page 43 of Miscellaneous
Maps, records of Orange County, California.
B1-055296
AGREEMENT FOR DEED OF GIFT BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE HUNTINGTON BEACH COMPANY CONCERNING THE ABANDONED PACIFIC
ELECTRIC RAILROAD RIGHT OF WAY
This Agreement is entered into this 1 1'day of December, 1986, at Huntington
Beach, California, by and between the HUNTINGTON BEACH COMPANY hereinafter called
"OWNER," and the CITY OF HUNTINGTON BEACH, a municipal corporation of the state of
California, hereinafter called "CITY."
WITNESSETH
WHEREAS, OWNER wishes to donate certain real property to CITY,
NOW, THEREFORE, the parties hereto agree as follows:
1. General Provisions:
1.1 Covenants
Each party intends that the provisions of this Agreement shall
constitute the covenants between them, and the burdens and benefits thereof shall bind and
inure to all successors in interest of the parties thereto.
1.2 Authority:
Each party hereto represents to the other that it has full and complete authority
to enter into this Agreement, and that each party hereto considers this Agreement to be
fair, reasonable and advantageous to each, and this Agreement shall be binding regardless of
the fact that the rights and obligations may be dealt with by successor legislative bodies of
CITY.
2. Specific Provisions:
OWNER will convey to CITY by corporation quitclaim deed, a copy of which is
attached hereto as Exhibit "A", all of its right, title, and interest in and to the specific real
property described therein. This conveyance will be a donation and transfer is to be made
without cost to CITY. OWNER values the real property at $3,700,000 and CITY does not
contest the valuation of the property.
3. California Law and Attorneys Fees:
This Agreement shall be construed in accordance with the laws of the State of
California. Should legal action be brought by either party for breach of this Agreement, or
to enforce any covenants and other provisions herein, the prevailing party of such action
shall be entitled to reasonable attorney fees and all costs, including, but not limited to,
court costs.
8l_Q55295
4. Legal Challenge:
In the event of any legal action instituted by any third party, or other
governmental entity or official, challenging the validity of any of the provisions of this
Agreement, the parties agree to cooperate in defending said action.
5. Best Interest:
CITY has found and determined that execution of this Agreement is in the best
interests of the public health, safety and general welfare, and the provisions of this
Agreement are consistent with existing ordinances of the CITY.
6. Notice:
All notices required by this agreement shall be in writing and delivered in person
or by certified mail, as follows:
Notice to CITY shall be addressed as follows:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Notice to OWNER shall be addressed as follows:
Huntington Beach Company
2110 Main Street
Huntington Beach, CA 92648
7. Amendment:
This Agreement may only be amended by mutual written consent of the parties.
8. Duplicate Originals:
This Agreement is executed in duplicate originals, each of which is deemed to be
an original.
• 8T-055206
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers at Huntington Beach, California
on the day, month, and year first above written.
HUNTINGTON H COMPANY 'Y OF I NTI G BEACH
V' esident May
Secr r
Y
ATTEST: APPR D AS TO FORM:
rZ"./Ir,
�._.)
City Clerk City Attorney
REVIEW ND APPROVED: INITIATED AND APPRO
VED:
. A
z
44
City Administrator Depw City Administer
STATE OF CALIFORNIA )
COUNTY OF ORANGE l ss:
_ 87-055296
On this "! day of 19 01�9 before me,
a Notary Public in and for said Co ty and S te, personally appeared
5^c k L 114 , known to me to be the Mayor
and t4�iecrcc �J Gt/,� A known to me to be the City Clerk
Of the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
=PUBLIC -
SEAL
'" M` yCKWAY
a ca CALIFORNIAa- s2z�
UNTY OCT 10, 1989
87=055Z98
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of `De cPA E?( , 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared R. J. Work known to me or proved to me on the basis
of satisfactory evidence to be the Vice President , and
A. J. Clark known to me or proved to me on the basis of
satisfactory evidence to be the Assistant Secretary - Treesurer of HUNTINGTON
BEACH COMPANY, that executed the within instrument, and personally
known to me to be the persons whose names are subscribed to the within
instrument on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
Signature:
OFFICIAL SEAL
THERESA KILLEEN
Notary Pubk-CaliforPia Theresa Killeen
ORANGE COUNTY
My Comm. Exp-Jan. 26, 1990
2110 Main st., Huntington Beata, CA 92648 Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90