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HomeMy WebLinkAbout1990-07-20 - Quitclaim SOUTHERN PACIFIC TRANSPORTATION COMPANY (3) AL te City of Huntington Beach 00 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 July 20, 1990 from SOUTHERN PACIFIC TRANSPORTATION COMPANY to the City of Huntington Beech 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 : 9/17/90 CITY OF HUNTINGTON BEACH Connie Brockway, CMC ' er By: io RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA RECORDING REQUESTED BY: 1:30 SEP 191990 P.M. CITY OF HUNT I NGTON BEACH e4 Q VJ%a R=Iraer WHEN RECORDED MAIL TO: .a OFFICE OF THE CITY CLERK 2000 Main Street Huntington Beach, California 92648 EXEMPFI C14 A.P.# 024-281-14 (This space for recorder ' s use) CORPORATION OUITCLAIM DEED 2 SOUTHERN PACIFIC TRANSPORTATION COMPANY (hereinafter "Southern Pacific") a corporation, 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 ¢ m U r � J-4) Coun d c z v ty, escribed as follows : a�E PARCEL A:Beginning at the centerline intersection ofPacific Coast Highway and Lake Street, shown as • Ocean Avenue and First Street respectively, on E _ 00 ' said mentioned map; thence along the centerline of a) o 0 x Pacific Coast Highway south 48021 '42" east 37. 50 L`' feet to the intersection with the southwesterly m 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 48021'42" west 1,020 .00 feet; thence south 'Ci hb 41038118" west 200. 00 feet; thence south 48021 '42" *' east 1020 . 00 feet; thence north 41038 ' 18" east 0 U 0 o o v 0 a m 200-. 00 feet to the true point of beginning. @ ® v m r9 +r PV Ci .Q PARCEL B: Beginning at the centerline intersection of M Pacific Coast Highway and Lake Street, shown as Ocean Avenue and First Street respectively, on s Ji z a: said mentioned map; thence along the centerline of U ` Pacific Coast Highway south 48021 '42" east 37. 50 feet to the intersection with the southwesterly extension of the southeast right-of-way line of � � o Lake Street; thence south 41038118" west 50 . 00 m feet; thence north 48021 '42" west 1, 020 . 00 feet; ; a f _1_ thence south 41038 ' 18" west 200 .00 feet to the true point of beginning; thence south 41038 ' 18" west 250 .00 feet; thence south 48021 ' 42" east 175 . 00 feet; thence north 41038118" east 250 feet -- thence north 48021'42" west 175 . 00 feet to the true point of beginning. Southern Pacific expressly quitclaims all rights to surface use of the property and all rights of surface entry. Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be deemed to reserve to Southern Pacific, its successors and assigns, and 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. EXCEPTING AND RESERVING TO SOUTHERN PACIFIC, 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 AND EXCEPTING AND RESERVING to Southern Pacific, its successors and assigns, from the sub-500 portion of said real property 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 while, in the opinion of Southern Pacific, 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 -2- STATE OF CALIFORNIA l SS. City and County of San Francisco ,)/ { On this Z C/Try day of �V�-Y in the year One Thousand Nine Hundred and Ninety AL before me,ROBERT E.JOHNSON,a Notary Public in and for the City and County of San Francisco,State of California,personally appeared L". /0. A IW&-X Iv tF 8 . -r. ne-.b i"11 known to me(or proved to me on the basis of satisfactory evidence)to be the Us Vice PresUent lu�- ASST• .ramCA&" 7 'A9Y - OFFICIAL SEAL of the corporation described in and that executed the within instrument,and also known to me UPFN ti ROBERT E.JOHNSON to be the person S who executed it on behalf of the corporation therein named and NOTARY F�UC•CAUFORNtA T he acknowledged to me that such corporation executed the same. 0 M 8 COUM OF SIN FPAKUO F My Comm.Expires Jan.22,1993 I]�7 WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at my office in the City and County _of,San Francisco,the day and year in this certificate first above written. r Corporation ktAe._.�`�fi�-Gn�.� Notary Public in and for the Ci d County of San Francisco,State of California. M, y commission Expires January 22, 1993 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 Southern Pacific, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof . 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 Southern Pacific 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 the sub-500 portion of said real property. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officer(s) . DATED: July 20 1990 SOUTHERN PACIFIC TRANSPORT ON COMPANY By_ Its Vice President v By_,Zd -10,ZAnt� Assistant Secretary Approved as to Form GAIL HUTTON, City Attorney By -3-