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HomeMy WebLinkAboutHUNTINGTON BEACH COMPANY - 1978-01-030 Y° 1 RT1 , li G It E is M I_: 11 THIS AGREEMENT, dated �}ant,,.1 }• 3, 1 '}7f?, 1j;.• and between HUNTINIGTON BEACH COMPANY, a corporation (herein- after called "11DCo . ") and tl:e CITY OF 11UNTING' OM, a municipal corporation (hereinafter calle:i "City"), 0 w j,mEssETll : A. 11I3Cv. desires to sell any? City to purchase th-,t certain real property described in "A", attached hereto and by this ro lorencc :rack a part hereof (hereinafter called "said Property") up6n the terms and conditions hereinafter set forth, ti!hich Lerms ar:c conditions have been negotiated in lieu of. A:1d urn;: :- threat of conc:iemna Lion . D. lIBCo. desires to convey: and City de:3i i-es acce::jt an easQment for street and public u:.i.l.ity on the land described in Exhibit "G", -Ittt-ach-Nl 11L:-^tc and by this reference made a part lic—ra.:.1- Owrcilia ft:c:r called "said Street: and Public Uti.i.ii:.r upon the t:.er:n:; and C:011ditiOrlS 110r0-J n .": to r L for; . C. City desires to vdC,ate that Sjz)ruLor& Yorktown Avenue in :he City of IIt:.:t .i r_�;Len !:c,acll ::�.:c;:-::�:..i in E%-hib: t "C" , a tt.�che(3 hereto and by t h: j refe:-,�:.ae 1 a part hereof, upon the, terms and condi tior.s hcro i na f-tu., set: for tl, . Nk- DW, 'I'll RI -TORE, i L is l orobl ac}r(:�_t: b, betwocri 1113Co. asld City as foIlot•ts: 1. City agrees to buy from IIBCo. and Iirico. agrees to sell and convey by Grant Deed to City said Property in fee, subject, however, to the exceptions and reservations set forth in the form of Grant: Deed annexed hereto as Exhibit "D", and subject to the rights reserved to tiDCO. under this Agreement, for a total purchase price of Eighty Thousand and No/100 Dollars ($80,000.00). 2 . City agrees to accept from IIDCo and MACo . agrees to convey to City an easement for street and public utility purposes on said Street and Public Utility Easement Property subject, however., to the exceptions and reservations set forth in the form of Easement Deed anne::od hereto as EXthibit "I:" , and subject to the rights reserved to II13Co. I under this ?Agreement. 3. City agrees to com;mcnce as soon as possible { following the Closing Date street vacation proceedings on the parcel of land described in Lxhibit C and, upon completion of such proceedings, to record a certified copy of the resolution adopted by the City vacating said parcel of land in the Gfficial Records of Orange County, California. 4. The transaction shall he consunui,ated through a closing conference on the Closing pate to be held as scor. as convenient cc both parties, but in any event prior tc Anril 30. 1.078. The procedure to be folic.-iod by the parties in connection with the Closinq Con fercncc� will be as follows: A. Prior to the Closing Date, the parties shall cause to be delivered to First 1!cier•ican Title insurance Company ("IrItle"', at its office in Santa Kna, California, the following: 2. ■ 1 (1) 1113Co. shall catt-;Q to l:r. r.:,�1:�:� ;-��: L-r ;rant Dried in favor of City coverin(s said Property :.n the form of Exhibit "D" hereto duly executed and acknow•lec' ,eel by the then record owners of said Property, and (2) Cit}, shall cause to be delivered at its sole cost and expense any parcel map required by tho Subaivisicn Map Act or a certificate evidencing f i compliance with the requirements of the Subdivision flap Act. B. At the Closing Conference, each party shall. satis:y it -.self that the other is in a position to deliver at the Closing Conference the items herein- after succi.fied to be delivered by such toarty. Upon being so satisfied, the parties shall establish telephonic contact with Title at its office in Santa Ana, California, and obtain the telephonic advice of Title as to :rhether it is in position to cause sai? Grant: Dees: to be i.mmed is tcly recorded in the off i�-:c of the County Recorder of the County of Orange, California, and upon such recordation, Lo insue the "'Title Policy" specified in paragraph G hereof. if: '.title shall advise affirmatively on al?_ the aforesaid matters, then the parties hereto shah deliver or ._I cause to be delivered the following: (1) Each of the parties shall deliver�.:o ���e other a copy of the Basement Deed reforred to in a Parai3raph l her.eoi', duly execute.-d andackno,...,ledged by the rest:ective parties.' (2 Ci t: shall dtali.ver or: cause to be (I livem-d to IIBCo. the sum of Eight, Thousand and r1o/100 Dollars ($801000. 00) . 3. i C. Vollowin(; th,:! dul.ivor, os the to in subparagraph 13 hereof, the partJ.es shc,ll :live Title their telephone instructions to (a) cause said Grant Deed to he immediately recorded as, aforesaid and to issue the Title Policy, (b) advise said County Recorder of the County of Orange, California, to return said Grant Deed to City following such recorduti.on. 5. The expenses of this transaction shall be allocated as follows:' "I a) All property taxes and assessments shall be prorated as of: the date of said Closing Conference. b) Jt>;Co. shall pay for all documentarystamp taxes imposed upon the transfer of said Property. "I c) City shall pay for recording the Grant Dee.1. A d) tii3Co. shall pay the cost of Title Policy. 6. The policy of title insurance issued as of the Closing Date ( "Title Policy") nhall be a standard CL A owner`s Policy of Title Insurance or equivalent, issued by Title insuring City, as owner, with liability limits of 80, 000" 00. The Title Policy shall cover said Property an:3 shall show said Property vested in City subject only to the real property tares for the current tax ;:ear not: the exceptions and reservations set forth in thcs Grant Dees: to said Property, Right of Way Agreement dated :June 11, 1926 between 1113Co. and Standard Oil Company of California, grants of Right of Way dated JanUary 3, 1978 and January 1978 from 1113Co to Chevron U.S.A. Inc. and Stan6ara Gasoline Company, and the exceptions set north in that cc!rtwin preliminary title report No. oR-1175B66--6 ' issued by Title, a copy of which is hereunto ahhexe' d marked Exhibit "I'", except E.NcCIptions 1 and 2 (except that t the 'matters disclosed in said Exception 140. 2 may be an enciin.brance affecting said Property below a depth of 500 fret: from the surface anti as permitted by the oveeptions and reservations set: forth in thf, Grt,!nt Dec.cl to sai`il Property) . 7. 13y ecl..incj this i1�s1'co ent, .c.;•:i10';;i�J:::��-5 that ic: has c:xar%ined said 7 roperty and said Strc--ot: z.n-1 Public Utility Easement Property and knows the condition thereof and that HBCo. has made no representations of any kind or nature respecting such condition or respecting any matter affecting the value or usefulness of said Property for any purposes and of said Street and Public Utility Easement Property for the uses permitted. 8. By executing this agreement, City agrees to the exceptions and reservations and to the terms and conditions contained in the Easement Deed referred to in Paragraph 2 hereof and, prior to the development of IIBCo.'s adjacent property, and in no event later than :March 31, 1982, to make any and all street improvements that would be required of HBCo. upon its development of the property, including out not limited to street, curb and gutter improvements with the specific exclusion of side%..alYs and including not less than three curb cuts onto HBCo.'s adjacent properrty between Main Street and the Southern Pacific railroad tracts at locations designated by 1113Co. and approved by the City Engineer of City. 9. Should any litigation be commences between the parties hereto concerning this agreement, the Easement Deed or Grant Deed, the property described in said instruments, or the rights and duties of either in relation thereto, the party, HBCo. or City, prevailing in such litigation shall be entitled, in addition to such ocher relief as may be granted, to a reasonable sum as and for his attornevs .tees in such litigation which shall be determined by the court in such litigation or in a separate action brought: for that purpose. 5. 10. agreement, thy: Deo(i ;u-jd Does: contain the entire ayrec:t-,cnts Lotu-ecn 111)Co. Banc: Cit.'.- respecting said Proparty, and said Street and Public Utility Easement Property, and any agreement or ;-eprebselltaLion respecting such properties or the duties of either 11BCc. or City in relation thereto not expressly ,at forth in said instruments is null and void. 11. The parties hereto acknovi lec?ge that I10Co. owns and operates a 3-inch crude oil gathering pipeline which serves oil wells "Miley -Keck No. 5, No. 16 and No. 70" and "C.J.vic Center No. 1, No. 2 and No. 3" and which crosses Parcels A-1 and A 2 of hibit A and D--2 of Exhibit B north- erly of the intersection of Yorktown Avenue and 17th Street. It is hereby agreed that: said pipeline shall be permitted to i a remain in operation in its present location or in a revised i t location mutually agreeable to City and I1BCo. w1thout the imposition of franchise charges by the City. Further, iL is acknowledged that within said Parcels A-1 and A-2 and fi 13-2 there exist a ,eater meter and piping and a natural c.as meter and piping serving 11BCo. 's building-s located nort1,^r1y t of said Parcels. City shall ensure that said facilities shall be permitted to remain in service for so lone .as the, are required by 11I3Co. The cost of any relocations of the' aforesaid facilities and the facilities .-;ithin the rights of way described in Paragraph 6 hereof required by the City shall be at the sole expense of the City. 12. Time is of the essence of this agreement. I 13. Any notice required under the terms of phis agreement may be given by personal delivery of such notice S or, at the orition of the party giving such noti.cc, :.fay 1.o given by registered or certified mail, addressed to the respective parties as follows: i i{ G. Ilunrincjton Beach Company 2110 Main Street nuntington Beach, California 92648 City of Fluntington Leach Post office Box 190 Huntington ©each, California 92646 14. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the. parties 'hereto. r' IN WITItEESS tIHEREOF, the parties have ef:ecuted this agre 2ment . DATED: 19 TA. . HUNTINGTON BEACH CO3M2ANY, a corporation, By ;;J .��t.�: ' •�` � -vice Pres�ider�t Dv Assistant Secretary DATED : _l.t=G�fwC/ ' % , 1970. f CITY OF HUTJTI NIGTON L' EACU , a (Municipal corporationBy�, _, Mayo r t AWEST: / /" City Clerk "- APPROVED AS TO FORM: 1=. RAJ C, L1 At Lartie., APPROVED: / 4 1 1- Z, city AclAinist--ator 7. EXLtnIT „W$ 41 All that certain land situated in the State of. California, County of Orange, City of Huntington Beach, described as follows: PARCEL F-1 and A-2 That portion of Section 2, Townshii) 6 South, Range 11 146" st in the Rancho Los flolsas,', as shown on a map recorded > i'n Book 51, Page 14 of Miscellaneous t��a.ps,, i I n the Office of the County Record ->r of said County, described as follows: Be innin at the g g intersection ofthe North line of Sevente enth Street and the Westerly line of the Southern ofcTrac Railway Company,'s right of way as shown on a maI� ct,No. 12 recorded in Book 9, Page 13.of liscellanecus Maps, record's of Orange. ­County; thence North 891059'48" West along the North line of Seventeenth Street 203.76 feet to a, point o intersection with 'the Northeasterly lire of Yorktown Avenue (formerly Mansion.. Avenue) as described. in deed recorded in nook 294, page 390 in the office of the County Recorder of said County; thence North 48041' Sb" Test 91.99 feet along the Northeasterly line of said Yorktown Avenue to the True Point of Beginning; thence continuing North 48o4l"t6" We'st 424.24 feet along: the Northeasterly line of Yorktown Avenue to a non -tangent curve concave to the Sotithwest having,a radius, 6f,830.00 feet, a radial line to' s 1 0 , . t ; thence . Soy to said point rears North 23.09 ?8 L�., theas�4r�. said, said curve through a central angle of 15 0� 57" an arc distance of 218.49 feet to a point 'of reverse curve concave to the Northeast having a radius o£ 770.00 feet; nil}eeofo30°96S17Klanaa'rc flistanccrof ,Ehro•ic�h a central • y 9 , nghl lino ,r;. , 13.54 feet, t'o the North line of Seventeenth, Street as described in ,deed tecorded in Book,2045, Page 79 of Official Records in thn Office of the County Recorder of said County; thence South 82°20'5'9" West 194.60:_fee"t along said last mentioned North 1' ne`; thence North 73009' 39" I -lost 54. 60 feet, also alone; said North line, to the True Point of Beginning. PARCEL A- 3 That portion of. Parcel. 1 as shown on r, M• p filed in Book 94, Pages 43, 44 and 45 of Parcel I -laps, in the office: of the 'County Recorder of Orange County, California, described as follows: Rdga.nning.at the Northeast corner of said Parcel 1; thence South 0001120" East 54.83 feet to the 'true Poin" :.f Beginning, said point., ,being on a non -tangent, curve concave `to „the Southe'as't having a radius of 941.15 feet, a radial line to said point bears North 30017' 46" Z4Lst'; thence Sob" iesterly long -said curve through ,a central a.n*gle cif 08°D9' 31" an arc distance 119.77 feet to a reverse curvi_i concave to the Northwest having a radius of 710.00 feet; the:. :e Southwesterly along said curve through a central angle of Page 1 o;: 2 Pages 19025' 07" an arc distance of 260.97 fe :t to its intersection with the Northwesterly line of said Farcel 1 zzlso Using the Southeasterly right,.oi way line of Seventeenth Street; thence South 39012' 53" West 104.90 Ceet along the 11orth-- westerly line of said Parcel 1 and Southeasterly right of way line of Seventeenth Street to its intersection with the South line of said Parcel 1, said line being a non -tangent curve concave to the Nbiehwest having a radius of 830.00 feet, a radial line,Lo said.intersection bears South 12052101 East; thence Nor.thsaster,ly along said curve and said South line of Parcel 1,=-through a central angle of 25035116" an aIrc distance of 370.67 Feet to a reverse curve concave to the Southeast having a radius of 781.15 feet; thence 'North-- ; r said ve h a ral le of easl5rlariaarcrldistar cerof 75. 50gfeeL toitsntersect0oo 32' on with Eastl�linerofhsa�d Parceln1; 0t:hencelNortn Street .also being h 0001' 20" {Jest 70. 55 ofeway li'netof Flunt ngtonOSt.reet tor rthe TruedPoi.ntthe lJoft right Beginning . Ehbi t rage 2 of 2 Page 4 %' a t� t 1i; ,. r . .. r " PLAT y ..t? �1 � � i I SE ..S►f k 1` n i I i ' I V �.�.�b1s Zvi b`✓ SHEFT_ OF - S!!EFTS 0 i I i ' I V �.�.�b1s Zvi b`✓ SHEFT_ OF - S!!EFTS 0 - � s wuti•.r• PLAT R� �I ���ao N• o �iihO`�`- � �•� �p� •o a � � t� O ^�J O `a D � CJ 11 o � �.,ir. ��• •'fir �� ,I n k-tj SHE ET..._ OF . _. SHECTS N EXHII3IT "13" All that certain land situated in the State of. California, County of Orange, City of Huntington Beach, described a_: follows: PARC73L B•-1 That poi-tion of Sectior: 2, Township 6 South, Range 11 West in the Rancho Los Bolsas, as shown on a map recorded in Hook 51, Page 14 of Miscellaneous Mcips, in the office of the County Recorder of said County, described as follows: Eeginning al-: the intersection of a line parallel arith a'nd 60.00 feet West, measured at right :angles, from the West line of Block 2002, Tract No. 12, recorded in ©ook-9, Wage 13 of Mi scel la-neous Maps, records of , Orange County, a`ni d a line parallel with and 50.00 feet North, measured at right angles, from 'the North :Bite of said Block 2002; thence North 89059145" East 360.00 feet along said last mentioned Truellelline;sEhence North 0000115" 'lest 20.00 feet to the Poiht of g'nning; thence continuing North 0°00'15" West 30.00 feet to a non -tangent curve concave to the Southwest having a radius of 850.00 feet, a radial line to saic pain-'- nears North 0000' 15" I -lest; thence Southeasterly along said curve through a central angle of 15016'04" an arc distance of 226.50 feet to a point on a line parallel d at right a'ngle.s from "the wit2i and 70.00 feet North, measure North line of said Block 2002; thence South 89059145" Oest 223.83 feet, along said last mentioned parallel line to the True Point of Beginning. PKR, CEL B-'2 That portion of Section 2, Tow'nship 6 South, Range 11 11e4t in the Rancho Los Balsas, as shown on a map recorded in Hook 51, rage 14 of Miscellaneous Maps, in the office !� of the County Recorder of said County, described as Follows: Beginning •at the intersection of the North line of Seventeenth Street and 6e Westerly line of the Southern Pacific Railway Company's right of way a, sho��n on a mzF of Tract 'No. 12 recorded in Book 9, Page 13 of I'1isc�ellaheous along thc, 6rds Nurt line County; ;hence North 89059' 48" Ilest e of Seventeenth Street 203.76 feet to a the Northeasterly line of Yorktown point' of intersection with • AneDook(formerly 294mer y Mansion 3g�enue) as described in deed iecor'ded j r1 � Alansion A�. ''`_ g 'b , 1 and 392 in the off %`e of the County Recorder of said County; thence North 4`8041' 56" t'lest j et along the Northeasterly line `of Yorktown Avetiii I 574.63 fe". ue to thePoint tTrue Poof Beginning, said point being a, point ' on '-`gent curve concave to the Southwest ha',.,i'ng a radius of 850.0�0 ;Diet a radial line to said point bears -Norih 19024' 51" East; thence Southeasterly along said curve through a central- j a"rgle of 18049'34" an arc distance of 274.35 feet to a reverse curve concave to the Northeast having a radius of 750.00 feet'; thence Southeasterly along said curve through a point of zntersectian with distance of 427.80 feet to a central angle of 32 40 53 an p h the Westerly line of the I'Ac7e 1 of 2 11aclict ■ �l • scj,ith:! rn I', Lj_1C F�:lll�dca�' 1�1�K1I1�lI1 j'' c rl(Jfl+: C�: 11C! f', ��}1 ?ilr'_ Solth 0000' //2��4," East. 13.. 31++ f c!(!t: Ili o1ny tli�. �'.ontc:r. i,' 1 (i :,c_ rof' :1 Ca 1.�. r.>.q��� \JL spa �/ �'�1 `���� `�lU r. t. F'/ Lit1C.• 171f. 13event_ecnt.}i ;, `.. t'c t. as clescribed in der!d recorde.l in Book .204S, Priye 79 of Official Records in the office of the County Recorder �r said county; thence Souto a2020' 5'9" files t 27.(8 feat along said North line to c, point on a Iron -tangent: curve concave I Lo Lhu Northeast having a radius of 770.00 fret a radial litre at said point bears .}orLh 1028'09" Last; thence tlo:.tht•iest_erly along said curve through a central ancllr_ of 3004 0 (1-1" an arc distance of 413.54 feet to a point of reverse curve ;:'onca,,O to the Southwest having a radius of 830.00 feet-; thence Northwesterly along said curve through a central anr.j re of 15'D0 4' 57" as arc distance of 21U. 49 feet to the before mon tion`d Northeasterly line of Yorktown Avenue; thence North-160,11' 56" West 58.40 feet~ cllong said line to the True Point of Beginning. PARCEL B That i)or,:.Iun of Puree). 1 as shown on a Map filed in Book 94, Pacles 43, !ti and 45 of Parcel i'iaps, 1n the office of tho County Recorder of Orange Count,., State of Ca_ irornia, described as follows: F.eginn.inq at the Northeast corner of -gait? Parcel 1: thence coati: 39059' 46" j:est 20.00 feet along the ?lorth lire of sJiid :•:.11'C:cil 1: thence South 0001' 20" East 25. 1O f e?t along a i:Lnt"n parallel :aith and 20.00 feet V,'cst, measured at right an;:les, from the Feast line of said Parcel 1 to a curve conca:'e to the North%-.,est having ii :.'al'1ius;'. U:: 32.00 fee%'.-; t}:oI"il:t' a1C:7c� said curve throucjii a central angle of 570,10'38" an arc distance of 32.27 feet to a re%,erse curvy_ concave t) the Southc::ast having a radius of 861.15 feet; thence Sout'haester.ly along said curve through E, central ar.gle of 06cl.2' 35" an arc distal -ice of 93.33 feet to a reverse curve Concave to the Northwest and having a radius of 750.00 feet; `hence South;•:esterly Alone, s,aiO curve throug;, a central angle of 16051' 22" an arc distance of 220.65 feet to its intersecti.or with the llor th;restcr'1'l.y line or said Parcel 1. also being the ,,,outheaste:-l.' right of v-a ' line of Serrenteenth Street; thence SOLIth 39012' 53" .-lest: 39.412 feet along the North...esterly line of said Parcel 1, and the Southoasterly right of: wi,- line of ;'_v­inteo;,th )t:r.eet to a non-tancent curve concave: to '_ho t•:orthwst- anti having; La radius of 770.00 feet, .a r,_idi.al line to said point. bears South 19002'10" East; thenc, . Northeasterly along sa ic. _urve t hraug}: a central angle l9c'25'07" an arc distance Of' 260.97 feet to a reverse curve concave to the Southeast having a radius of 8.11.15 feet; thence "or theasterly along.; saic: c rve through a central anglcr of 0II009' 31" an arc distance o'` 1.(,. 77 foet tc. thu East line ' also A e t. ric;ht c. f ot: �i.d Pci.•c:c.l .1 .� i.nrl th :� � :• • PLInt .11(jt01; .'treet; the,lce t c,-� t:h 006' .54. 33 feet aloncJ the H,cISt 1 .L:1'_ of �ia 1.d I',n2:7L1 1 anci r ictflt 0. �•.'ca,.., Of Iiuntint_,t:on Street to talc: Point of Beginninc. 2 of 2 Panes 6Yl : a"Cdlc 0 PLAT V SHEET- OF_.SHEETS .�.....,w�• }• � •.; � 'y .... ��.f._y •'!7��".�T�~.. •re -. ,..r� i ..►...fir }l.�r�:.!"-+r7.r�� ,".... -- 0 11 11 11 11 4�.1� �l�Ji-• Q� 0 W �I 1 IY� � 11 , I, u L 1, 11 11 I +• I R'� L1♦ I � 1 PLAT N! V 1N SHFFT- OF—SlIFFTS ®1 EXIT Ii3IT " C " That portion of Section 2, Township 6 South, Ranee 11 West in the Rancho Los Dolsas, City of, Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, Rage 14 of 1"•1iscollaneous flops, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of a line parallel with and 60.00 feet west, measured at right angles, from the west line of Bloch. 2002, 'tract No. 12 recorded in Book 9, Page 13 of Miscellaneous claps records of Orange County and a line parallel with and 50.00 feet north, measured at right angles, from the north line of said Block 2002;,thence North 890 59' 45" Bast 360 feet along said last mentioned parallel line; thence north 00 00' 15" West 20.00 feet; thence North 890 59' 45" East 223.83 feet along a line parallel with and 70.00 feet north, measured at right angles, -ram the notch line of said Block 2002 to the True Point of Beginning, said point lies on a non tangent curve concave to the southwest having a radius of 850.00 feet, a radial line to said point bears North 150 15' 49" East; thence southeasterly along said curve through a central angle of 040 09' 02" an arc distance of 61.57 feet; thence North 480 41' 56" West 27.80 feet; thence South 890 59' 45" West 37.88 feet to the True Point of Beginning. V - : G- G'/. 57 . -- --T .;KrJ' I. I - { �c00' N r'+T m N " '•Jrt C --�� -5. /F 5.,- !:6 E 0 /1 ,.r-, �J. I CORPORATION GRUNT DEED FOR A VALUABLE CONSDERATION, 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 HUN`I'INGTON BEACH, a municipal corporation, that certain real property in the City of tiuntin(7ton 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, its successors and assigns, from that portion (hereinafter called the "sub-500 portion") of said zeal 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 real property, which said oil, gas, aophalt=, hydrocarbons and materials shall be hereinafter collectivaly called the "sub-500 minerals", And F'URTIIER EXCEPTING AND RESERVING to Huntington Reach Company, its successors and assigns, from that portion (hereinafter called the "sub-200 portion") or said real property lying below a depth of two hundred (200) feet: beneath the surface thereof, the foilowing: 1. A. Thu sole and exclusiv` right from tiu;u to ti:,.: to locate and maintain oub,;uriacu portion:.- 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 drilliny, 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 i%nown or unknown which, in the opinion of iiunt-ington 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 j 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 baid real property or into other lands, oil, gas, air, water or other liquid or gaseous substances, i including the right, from time to time to ignite or otherwise I activate any or all of such substance: no 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 j exclusive right to repair, redrill, deepen, maintain, rework and operate such wells and produce any mineral: from other '•! ,nw-- —V-"Vow- ...�w�w•... -, .. ...•Tt lands by 011-1 (?F :iUc h %'i-! I , (',f- %:(' 1. 1.0t.J]I"(_1!1�JJi t llr'-itib-200 J)0't.l UI] Of :ail 1 11 1)rOI -L- l t_ j• i 111d D. Tile Sole and excliu;1 a right from tli a to time. L�' locate, operate and maintain subsurface port.iUns of wells in, intc 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 116ntington Beach Company, its successor and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof.. Nothing hr_reinabove set. forth shall be deemed to reserve . 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 including, but not limited to, all right to percolating waters, artesian waters and underground streams, but without the right of surface entry. This grant deed is made subject to all matters of record and unrecorded right of way agreement between Huntington Beach Company and Standard Oil Company of California dated June 11, 1926 and grants of Right of Way dat�!c? January 3, 1978 and January 4, l 9 7 a from 11u n t i ng ton Beach Company to Chevron U .'S . A. Inc. and Standarrl Gasoline Company. IN WITNESS c 11F*11r:0F, sai(i corporation has caused its corpera name and seal to 13n affixed hereto and this instrument to be executed by its Nice President- and Assistant Secretary there - unto duly Diu thorized . uA'rrn : i 1979. rrt��rl• r rr�7•�ra nr• ACH COY-1rANY Vic o Prr_sldent ICY _.- ���c. i�:;t,!fil :�(•<:r��l �1i'�' I::riiIi.'iI All that cerLain land situated in the State of California, Country of Orange, City of Huntington Ueach, described as follows: PARCEL A--1 and A- 2 That portion of Section 2, Township 6 South, Range 11 j West in the Rancho Los Bolsas, 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: Beginning at the intersection of the"North line of i Seventeenth Street and t;:e Westerly line of the Southern Pacific Railwciy Company's right of way as shown on a map of Tract No. 12 recorded it: Book 9, Page 13 of Miscellaneous Maps, records of Orange County; thence North 89059148" i West alon5 the North ,line of Seventeenth Street 203.76 feet to,a point of i.ntersection with the Northeasterly line of - Yorktown 4 Avenue (formerly Mansion Avenue) as described in deed recorded in Book 294, page 390 in the office cf the Coun+.y Recorder of said County; thence North 48o41'.56" West 91.99 feet along the Northeasterly line of said Yorktown Avenue to the True Point of Beginning; thence ccntinuing North 48041156" West 424.24 feet along the Northeasterly line of Yorktown Avenue to a non -tangent curve concave to ' the Southwest raving a radius of 83C.00 feet, a radial line ; to said point bears North 23009128" East; thence: Southeasterly along said curve through a central angle of 15004157" an arc distance of 218.49 feet to a point of reverse curve concave to the Northeast having a radius of 770.00 feet:; thence Southeasterly along said curve through a central angle of 3004611.7" an arc distance of 413.54 feet, to the North line of Seventeenth St-:eet as described in deed recorded in Pz:jk 2045, Page 79 of Official Records in the Office of the County Recorder of said County; thence South 82020'59" West 194.60 feet alone said last mentioned North line: thence North 73009'39" Pest 54.60 feet, also along said North line, to the True Point of Beginning. i PARCEL A~ 3 That portion of Parcel 1 as shown on a !iap filed in Book 94, Pages 43, 44 and 45 of Parcel 1%•1ap s, in the office of the County Recorder of Orange County, California, described as follows: Beginning at the Northeast corner of said Parcel 1; thence South 0001120" East 54.83 feet to the True Point of Beginning, said point being on a non -tangent curve concave to the Southeast having a radius of 841.15 Feet, a radial line to said point bears North 30017'46" Hest; thence Southwesterly along said curve through a central angle of 08009'31" an are distance 119.77 feet to a reverse curve concave to the Northwest having a radius of 770.00 feet; thence Southwesterly along said curve through a central angle of Page l of 2 Pages 19025107" an arc distance of 260.97 feet to its intersection with the North,,,esterly line of said Parcel 1 also being the Southeasterly right of way l.i.ne of Seventeenth Street; thence South 39ol2' 53" ;-,test 104.90 feet along the North-- westerly line of said Parcel 1 and Southeasterly right of way line of Seventeenth Street to its intersection: with the South line of said Parcel 1, said line being a non -tangent curve concave to the Northwest having a radius of 830.00 feet, a radial line to said intersection bears South 12,,-52'0l" East; thence Northeasterly along said curve and said South line of Parcel 1, through a central angle of 25035116" an arc distance of 370.67 feet to a reverse curve concave to the Southeast having a radius of 781.15 feet; thence North - ,easterly along said curve through a central angle of 050 32115" an arc distance of 75.50 feet to its intersection with the West right of way line of Huntington Street also being East line of said Parcel 1; thence North 0001120" West 10.55 feet along the East line of said Parcel 1 and the West right of way line of Huntington Street to the True Point of Beginning. *a. I:xhibi t "A" Page 2 of 2 Pager �a k V lti i 7 PLAT t�r �^��tlFti r /ter MA l :�. - w .9' SHE ET,..., OF ._. S HE ETS n ■ 'a 11 E �J EX1111HTT 'IF." C A 5 E 1-1 E N T D E F IiUNTINGTON BEACH COMPANY,a California corporation, hereinafter called, "Grantor", hereby grants to the CITY OF HUNTINGTON BENC.11, hereinafter called, "Grantee", upon the limitations hereinafter set forth an easement for street and public utility purposes over that certain real property in.the City of Huntington Beach, County of Orange, State of California, described on Exhibit "A", annaxed hereto and made a part hereof. 11 Excepting to Grantor all right, title and interest in said land below a depth of two hundred (200) feet below the surface thereolp, aad reserving to Grantor, its successors and assigns, all oil, gas, asphaltum and other hydrocarbons and other minerals, whether similar to those: specified or not, within or that may be producad from said land or any portion or horizon thereof. Further excepting and reserving to Grantor the right to occupy and use the existing office building which encroaches upon said land for a period of three (3) !ears from the date hereof" and thereafter until 'ninety (90) days following receipt of written notice from City to terminate sncil occupancy and use. This Easement Deer] is made upon the express condition and covenant that Grantee shall use said land for street 6n`r3 pubis utility purposes and for such purposes only; and upon the 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 land for said purpose on or before March 31, 1982, or if Gran'-ee shall thereafter cease, Exhibit "C" Page 1 of 2 Pages .�+, .. , .........T.+�„� .,,'Ltr^►.:!•,•' . •,.fy,' ' . ......,,�.�."YI.I. y r...���► F '.!t-����_ , - •RCNf•.'T.Y.��� a t.C!rI,!:1Ir 3411t::...:.:i'.. d. scont:.inul_ :. •�I. i:�.�+f_, tCJ, al C.(!:.?,:.:�I:�,....:i pericc: ;_ c:i... i III )nths thc.n said can d bi: O._ .:O ..`'4rth('I' :':C7i'cC: c:i C:::a:(::Ct cZlli.l.l'.. La i1,2,JiiI revort to Grantor, xr:; succor ;ors or `u. tht r t.c'.: b Grantor required, and Grant G. , lts stCC.LJ:JVrs or as signs, shall have the ricTht+ to r.e-emtcr upo:: said a nL, and trar:e possession thcreof" and shall have th : further and additional ricjht to domiand of= ��nci receive rcI Grantee and Quitcl.-ii a Deed to said InnO and all of t!-:e Grantee's right, tit.lo and inter: St thou n hk-,reundor. T!Iis Easem,ent Dt:ed is given subject to all f.*alic: and ��:•:istsnr, licenses, leases, (jrants, exceptions and reservations Lffectincj said pre,iiisus, but I::oro- particulars-, ;subject to the G.:CC, rlOn�•, reserficitlC)~5, limitations,C;O:1CiltlOn:� anci covenants hOr before ma:.ie and each U:: them. I?: b';I^::I:SES hw, . this Easemcnt Dery this Dated: AT EST: :1PPrtOv-rl,D ::S :0 FOR:1l: t =' t0t IBC` AF P ROVET'' nc,.ministrator a ;::•: i 7 1� � I; a r� n ? of :'. I'a';.2!� 0 0 c Y,'11 1 1 T I l ,'' All that cc : tea i n land S i tu.a tee; 5 t., t` of Ca t i forn�.ii , County of Orange, City of Huntington Beach, described "as fo11o%.rs: PARCEL B-1 That portion of Section 1, 'Township 6 South, Mange 11 West in.the Rancho Los Bolsas, 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: Beginning at the intersection of a line parallel with and 60.00 feet West, measured at right angles, from the West line of Block 2002, Tract No. 12, recorded in Hook 9, Page 13 of Mi.scellanecitis I -laps, records of Orange County, and a line parallel with and 50.00 feet North, measured at right angles, from the North line of said Block 2002; thence North 89059'45" Cast 360.'00 feet along said last mentioned parallel line; thence North 0000115" Wes` 20.00. feet to the True Point of Beginning; thence continuing Nortli Oo•00115" West 30.00 feet to a non -tangent curve concave to the Southwest having a radius of 850.00 feet, a radial line to said point bears North 0000' 15" blest; thence Southeasterly along said curve through a central angle of 15016'04" an arc distance of 226.50 feet to a point on a line parallel with and 70.00 feet Morth, measured at right angles from the North line of said Block 2002; thence South 89059'45" West 223.83 feet, al.oncf said last mentioned parallel line to the True Point of Beginning. PARCEL B-2 That portion of Section 2, Township 6 South, Pange 11 West in the Rancho Los Bolsas, as shown on a map recorded in flock. 51, Page 14 of Miscellaneous I -laps, in the office of the County Recorder of said County, described as follows: Beginning_at the intersection of the North line of Seven'teentt: Street and the Westerly ling of the Southern Pacific Railway=ompan, 's right of way as shown on a map of Tract Nlo. 12 recorded in nook 9, Page 13 of i•liscellaner-us !-laps, records of Orancio County; thence ;forth 89059' 4 "1" I est along the North line of Seventeenth Street 203.76 feet to a point of intersection -rri th the Northeasterly line of Yorkto�rrn Avenue ( fur- ,o r] y Mansion Avenue) as de:•c r ibed in deed recorded in Book 294, Pages 390, 391 and 392 in the office of the County Recorde. r)f said County; thence North 48041' 56" West 574.63 feet along; the Northeasterly line: of Yorktown Avenue to the True Point oL: r7jeginning, said point being a point on a non -tangent curve concaves to the Southwest having a ra-dius of 850.00 feet a radial line to sr:id point bears North 19024151" East; thence Southeasterly r::song said curve through a central angle: of: 18049' 3<<" an arc distance o 274.35 feet to a reverse curve concave to the Northeast having a radius of 750.00 feet; thence Southeasterly Tong said curve through a central angle of: 32040'53" an arc distance of 427.80 feet to a point of intersection with the Westerly line of the Par)e i of .21. P.1tv's i Southern Pacific wailway Company',; rig}it: (-)(' way; ; th..-nCI-I :youth Uo00' 3�1" East 13.31 Prot along the �•lestc:-ly 1i :r.: o1. sail right of way to the Noi Lr, line of Seventeenth Street as described in deed recorded in book 2045, rage 79 of- Offa.cial 12ecords in the office of the County Recorder of said County; thence South 82020159" tlest 27.60 feet along said North line to a point on a non. -tangent curve concave to the Northeast having a radius of. 770.00 feet a radial lino at said point bears North 7020' 08" fast; thence torthwesterly along said curve through a central angle of 30046117" an arc distance of 413.54 feet to a point of reverse curve concave to the Southwest having a radius of 830.00 feet; thence Northwesterly along said curve through a central angle of 15°04157" an arc distance of 218.49 feet to the before mentioned Northeasterly line of Yorktown Avenue; thence North 4BO41' 56" West 50.40 feet along said line to the 'Prue Point of Beginning. PARCEL B-3 That portion of Parcel 1 as shown on a Map filed in Book 94, Pages 43, 44 and 45 of Parcel Maps, in the office of the County Recorder of Orange County, State of California, described as follows: Beginning at the Northeast; corner of said Parcel 1; thence South 89°59'46" West 20.00 feet along the North line of said Parcel 1; thence South 0001120" Fast 25.70 feet along a line parallel with and 20.00 feet Nest, measured at right angles, from the East line of said Parcel .l to a 'curve concave to the Northwest having a radius ,of 32. 00 feet; thence Southwesterly along said curve through a central angle of'57046'38" an arc distance of 32.27 feet to a reverse curve concave to the Southeast havin•1 a radius of 861.15 feet; thence Southwesterly alone said curve through a central angle of 06012135" an arc distance of 93.33 feet to a reverse curve concave to the Northwest and having a radius of 750.00 feet; thence Southwesterly along said curve through a central angle of 16051' 22" an arc distance of 220.65 feet to its intersection with the Northwesterly line of said Parcel 1 also being the Southeasterly right of way line of Seventeenth Street; thence South 39012' 53" S•lest 39.42 feet along the Northwesterly line of said Parcel 1, and the Southeasterly right of way line of Seventeenth Street to a non -tangent curve concave to the Northwest and having a radius of 770.00 feet, a radial line to said point bears South 19002110" Cast; thence Northeasterly along said curve through a central angle 19025'07" an arc distance of 260.97 feet to a reverse curve concave to the Southeast having a radius of 841.15 feet; thence Northeasterly along said curve through a central angle of 08009131" an arc distance of 119.77 feet to the Last line of said Parcel 1 also being the %..est right of.,ray line of ituntington Street.; thence North Oo01 ' 20" I•lest 54 . 93 feet along the East line of saki , Parcel 1 and West ricilit of way of Iluntington Street to the Point of beginning. 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