HomeMy WebLinkAbout1986-12-11 - Quitclaim HUNTINGTON BEACH CO ' T7055297. OFCO ORANGE E�COUN Y' CALIFORNIA S
` RECORDING REQUESTED BY:City of Huntington Beach =EXEMPT `2 20 PM JAN 30 '87
WHEN RECORDED MAIL TO: `- '
COUNTY
Office of the City Clerk REcoaoEa
2000 "lain Street Tax-Exempt-C-'overnment A er
Huntington Beach, CA 92643 City of 1.1(V j� 1 Beach
Alfc.o M. .J9n1V�a th
City Clark
J
Deputy- ity 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# Por. 024-150-06
024-281-01 Signature of Declar
Por. 024-281-02 Huntington Be mpan
024-281-03 U
024-281-04 By
Por. 024-281-12
Por. 024-281-13
CORPORATION QUITC M 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:
That portion of Huntington Beach, County of Orange, State of California, as
shown on a map recorded in Book 3, Page 36, of Miscellaneous Maps in the office
of the County Recorder of said County, described as follows:
Beginning at the centerline intersection of Pacific Coast Highway and Lake
Street, shown as Ocean Avenue and First Street respectively, on said mentioned
map; thence along the centerline of Pacific Coast Highway south 48021142" east
37.50 feet to the intersection with the southwesterly extension of the southeast
right-of-way line of Lake Street; thence south 41038118" west 50.00 feet to the
true point of beginning; thence north 48021142" west 1,020.00 feet; thence south
41038118" west 450.00 feet; thence south 48021142" east 175.00 feet; thence
north 41038118" east 250.00 feet; thence south 48021142" east 845.00 feet; thence
north 41038118" east 200.00 feet to the true point of beginning.
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
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:
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
f • f �
.� O-L-05529T
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
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-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.
Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be
deemed to reserve to Huntington Beach Company, its successors and assigns, any interest in
the surface or in any portion of said real property lying within five hundred (500) 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 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 virtue 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 whether of record or not
affecting the aforedescribed said land.
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: , 1986.
HUNTINGTON BEA MPANY
By
Vice
By
Assists t Sec tary
l�
8T-05529?
i f Huntington,
City ton Beach o g
i P.O. BOX 190 CALIFORNIA 92648
DEED CERT IFICAT ION
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
a
AUCIA M. WiENTWO,BTh
City er
B
87--055Z9T
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
�r t�
On this day of 1Je,Get"�beC , 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared VIA known to me or proved to me on the basis
of satisfactoryevidence to be the and
Vice
�
A. 1. Clark known to me or proved to me on the basis of
satisfactory evidence to be the A` �='� " ��°�� Tr^iaur+�l►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: �A '
OFFICIAL SEAL
THERESA KILL.EEN
Notary Public-California
ORANGE COUNTY Theresa Killeen
My Comm. Ev. 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
. 4tT-05529T
AGREEMENT FOR DEED OF GIFT BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE HUNTINGTON BEACH COMPANY CONCERNING MAIN-PIER REDEVELOPMENT
This agreement is entered into this 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, there is presently pending in the Superior Court, County of Orange, an
eminent domain action filed by THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH (AGENCY), seeking to acquire from OWNER certain real property
generally located southeast of the Huntington Beach Pier and seaward of the Pacific Coast
Highway to be used in connection with redevelopment of the downtown area. Said eminent
domain action is filed in the Superior Court, County of Orange, entitled Redevelopment
Agency of the City of Huntington Beach vs. Huntington Beach Company, et al., and;
WHEREAS, the real property which AGENCY and CITY seek to acquire from OWNER
in said eminent domain action is more particularly described in Exhibit "A" attached hereto
and made a part hereof, and is sometimes hereafter called the "PROPERTY", and;
WHEREAS, the parties desire to resolve disputes as herein provided whereby OWNER
will donate and convey such property to CITY, and;
WHEREAS, the parties are desirous of terminating the pending action hereinabove
mentioned without further litigation,
NOW, THEREFORE, the parties hereto agree as follows:
1. General Provisions:
1.1 COVENANTS
All parties intend 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.
87-05529T
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 that the agreement was prompted by the
necessities of the litigation, 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 and
AGENCY.
2. Specific Provisions:
2.1 OWNER will convey to CITY by corporation quitclaim deed, a copy of
which is attached as Exhibit B, certain rights, title, and interest in the specific real property
embraced within the above-mentioned eminent domain action, said property being described
in Exhibit "A". This conveyance will be a donation and transfer to be made without cost to
CITY. OWNER values the real property at $3,000,000 and CITY does not contest the
valuation of the property.
3. Dismissal:
Upon receipt of the coporation quitclaim deed, CITY will cause AGENCY to file
an executed dismissal, with prejudice, in the above-mentioned eminent domain action, and
each party shall bear its own costs and seek no reimbursement from the other.
4. 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.
5. 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.
6. Best Interest:
CITY has found and determined that execution of this agreement is in the best
interest of the public health, safety and general welfare, and the provisions of this
�T-055297
agreement are consistent with existing ordinances of the CITY.
7. Notices:
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
8. Amendment:
This agreement may only be amended by mutual written consent of the parties.
9. Duplication Originals:
This agreement is executed in duplicate originals, each of which is deemed to be
an original.
10. Title:
OWNER shall deliver all its rights, title, and interest in the surface and
subsurface to a depth of 500 feet of the property described on Exhibit A.
STATE OF CALIFORNIA ) ss:
COUNTY OF ORANGE ) 81 `O552Jj .
On this /� day of 417a 19? , before me,
a Notary Public in and for said Co ty and State, personally appeared
Smock //Y known to me to be the Mayor
and d I r_[a. �. GUPnitc,fQ , 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.
0 PT.-TAT, SEAL
SCAL
ft0i� Y t i s C."'FORNIA
" :"> T?y COMM eXW es OCT 10, 1989
-955297
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 COMPANY CITY OF TI GTO BEA
r
Vice s'id ent ayor
Secr ry
ATTEST: APPROV AST M:
City Clerk City Attorney
REVIEWED AND APPROVED: I TIATED AND APPROVED•
Ci y Administrator Deputy City Administrator
1p REVIEWED AND APPROVED:
Director of Public Works
•
87-055297,
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this 1 - 1� day ofDec_em� er , 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared Ri k worth known to me or proved to me on the basis
of satisfactory evidence to be the Vice President , and
A. 1. Clark known to me or proved to me on the basis of
satisfactory evidence to be the ..-.. t `°j '`''s 5erof 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: Q11�
OFFICIAL SEAL
r 1F FE5A F'LLEP
' COUNTY Theresa Killeen
M� My Comm. Exp. Jan. 26, 1990
2114 Main St., Huntington Beach, CA 5264II
Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
Main Pier
Redevelopment Project Area
Phase I , Pierside
Legal Description
'I;lat portion of Huntington Beach, County of Orange, State of California,
as shoo:n on a map recorded in Bcok 3, Page 36, of miscellaneous in
the office of the County Recorder of said County, described as follows:
Beginning at the centerline intersection of Pacific Coast 'iighway and
Lace Street, shown as Ocean Avenue and First Street respectively, on
said mentioned map; thence along the centerline of Pacific Coast highway
south 48021142" east 37.50 feet to the intersection with the southwesterly
extension of the southeast right-of-way line of Lake Street; thence
south 41038'18" west 50.00 feet to the true point of beginning; thence
mrth 4802114211 west 1,020 .00 feet; thence south 41038' 18" west 450.00
feet; thence south 48021'42" east 175.00 feet; thenoe rrnrth 41038'18"
east 250 .00 fee e t, thence south 48°21 42 east 845.00 feet; thence north
41038' 181, east 200.00 feet to the true point of beginizimj.
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8T-05529?.
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