HomeMy WebLinkAboutHUNTINGTON BEACH COMPANY - 1978-11-06 (2)REQUE ' FOR CITY COUNCI CTION
Submitted by
H. E. H, r t g e
Department Public
Works
Date Prepared
October 26, , lg 78
Backup Material Attached
Q Yes
❑ No
Subject _ Right of Way Certification AHFP 688
Ellis Avenge from Gothard to South Pacific Railroad, CC•-250
City Administrator's Comments
'1PPRUVED By CIT'y LJ��—��
Approve as recommended. � I.-
l Yw.L1;2u "
Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions: _may
Statement of Issue:
In order to call for bids for the subject project, the City Council
must certify that all necessary right of way for the project has been
acquired and that no additional. right: of way is necessary.
Recommendation:
Approve the attached right of way certific:acion and authorize the Mayor
and City Clerk to sign.
Analysis:
The Department of Public Works is in the process of preparing the con-
tract documents necessary to call for bids on the above project.
Because a portion of this project is being financed under Lhe Arterial
Highway Financing Program, we must submit a certified statement to the
County of Orange indicating that all needed right of way has beten acquired
and that no building improvement or utility exists within the eight of
way that would interfere with the construction. The certification must
be in the form of the attached.
Funding Source:
No funds required.
HEH:CBD:lw
Attach.
Plo 3178
C Z%
RI:.-RT OF WAY CERTIFICATION
The City of Huntinqton Beach hereby certifies in connection
with the right of way for Project A.H.F.P. 688 that
1. All right of way has been acquired, or all work
is within existing right of way and no eAditional
right of way is necessary.
2. No building improvement or utility exist within
the right of way area...Jaich will interfere with
construction.
In making this certification, the City of Huntington Beach
Agrees to hold the County harmless from any liability which may
arise by reason of the Bounty`s reliance upon this Certificate
and its use of said rights of way.
Date-
CITY OF HUNTINGTON BEACH
�--= Mayor
A'? '.,ST
City Clerk
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62 WO _ ONINOZ �`�`
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT -
Honorable Mayor and City Council.
Floyd G. Belsitc, City Administrator.
H. E. Hartge, Director of Public Wo•rksid4','`
August 23, 1977
Ellis Avenue Right of Way Agreement, CC--250
STATEMENT:
The Ellis Avenue roadway construction from Cothard Street to
the Southern Pacific Railroad tracks (CC-250) requires acqui-
sition of right of way from the Huntington Beech Company.
Attached hereto is an agreement between the City and Huntington
Beach Company proposing to convey said right of way to the city
for $31,234.00.
a
RECOMMENDED ACTION:
Approve the attached agreement ai authorize its execution by
the Mayor and City Clerk.
ANALYSIS.
At the City Couiicil meeting of 12-6-76 the cost of $31,234.00
for acquisition of right of way for the project was approved
and staff was instructed to complete the transaction. Execution
of the agreement is reaui.red prier to conveyance of the real
property by the nuntington Beach company. The agreement has
been reviewed and approved by the City Attorney and the Director
of Public Works.
MiDING SOURCE:
Costs incurred by this acquisition are to be paid from City and
County Gas sax Funds under AHFP #688.
CITY OF HUNTINGTON BEACH �ec� # 3Q39
Office of the City ClerkP r-a0_
p. 0. Box 190 ��� � a2,1s l
Huntington Beach, Calif. 92648 A G R E E M E N T 8h' rs ins 37
THIS AGREEMENT, dated March 31, 1977, by and between
HUNTINGTON REACH COMPANY, a corporatiior. (hereinafter called
"HBCo.") and the CITY OF HUNTINGTON TEACH, a municipal corporation
(hereinafter called "City"),
WITNESSETH:
A. HBCo. desires to sell and City desires to purchase
that certain real prope-ty described in Exhibit "A", attached
hereto and by this reference made a part hereof (hereinafter
called "said Property") upon the terms and conditions herein-
after set forth, which terms and conditions have been negotiated
in lieu of and under threat of condemnation.
B. HBCo. desires to conveyr and City desires to accept
an easement and right of way for highway slope purposes on the
land described in E1:hibit "B", attached hereto and by this
reference made a part hereof (hereinafter called "said Slope
Easement Property") upon the terns and conditions hereinafter
set forth,
HBCo. desires to convey and City desires to accept
an easement for street purposes on the land described in Exhibit
"C", attached hereto and by this reference made a part hereof
(hereinafter called "said Street Easement Property") upon the
terms and conditiion5 hereinafter set forth.
NOW, THEREFORE, it is hereby agreed by and between
HBCo. and City as follows:
This d«cumont is solely far the
official wusnoss of the City
of quniinFtn,1 Beach, as contemn
D. plated unuer Government code
Sec, 6103 end sho'Uld be recorded
free of charge.
1. City agrees to buy from HBCo. and HBCo. 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 ^fights reserved to HBCo. under this agree-
ment, for a totul purchase price of Thirty -One Thousand Two
Hundred mhirty-Four and No/100 Dollars ($31,234.00).
2. City ac•rees to accept from HBCo. and HBCo. agrees
to convey to City an easement for highway slope purposes on
sa:3 Slope Easement :?roperty subject, however, to the exceptions
and reservations set forth in the form of the Slope Easement
Agreement annexed .hereto as Exhibit "E", and subject to the
rights reserved to HBCo. under this agreement.
3. City agrees to accept from HBCo. and HBCo. agrees
to convey to City an easement for street purposes on said
Street Easeme F �perty subject, however, to the exceptions
and reservations set forth in the form of Easement Deed annexed
hereto as Exhibit "F", and subject to the rights reserved to
HBCo. under this agreement.
4. The transaction shall be consummated through a
closing conference on the Closing Date to be held as soon as
convenient to both parties, but in any event prior to December
1, 1977. The procedure to be followed by the parties in
connection with the Closing Conference will be as follows:
A. Prior to the Closing Date, the parties
shall cause to be delivered to First American Title
Ii.;�urance Company ("Title") at its office in Santa Ana,
California, the following:
(1) imCo. shall cp,u' a to be delivered a Grant
Deed in favor of City covering said Property in the
form of Exhibit "D" hereto duly executed and
acknowledged by the then ;record owners of said
Property, and
(2) City shall cause to be delivered any parcel
map required by the Subdivision Map Act or a
certificate evidencing compliance with the require-
rQents of the Subdivision Map Act.
B. At the Closing Conference, each party shall.
satisfy itselfthat the other is in position to del:.,er
at the Closing Conference the items hereinafter specified
to be delivered by such party in subparagraph C hereof.
Upon being so satisfied, the parties shall establish
telephonic contact with Title at its office 4_n Santa Ana,
California, and obtain the telephonic advice of Title
as to whether it is in position to cause said grant deed
to be immediately recordedin the office of the County
Recorder of the County of Orange, California, and upon
such recordation, to issue the "Title Pcl.cy" specified
in paragraph 6 hereof. If Title shall advise affirma-
tively on all the aforesaid mczx.tters, then the parties
shall, give Title their telephonic instructions to (a)
cause said grant deed to be 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 -ecorde-
tion, and (c) advise the parties by t-0_.9hone when
the recordation of said grant deed in accordance with
the foregoing instructions shall have taken pla,;,e.
C. Upon receiving the telephone advice from Title
that it has recorded said grant deed in accordance with
the foregoing instructions and is issuing the Title Policy,
the parties hereto shall deliver or cause to be
delivered the following:
(1) Each of the parties shall deliver to the other
a copy of the Slope Easement Agreement and the
Easement Deed referred to in Paragraph 2 and 3
hereof; each duly executed and acknowledged by
the respective parties.
(2) City shall deliver or cause to be delivered
to HBCo. the sum of Thirty -One Thousand. Two Hundred
Thirty -Four and No/100 Dollars ($31,234.00).
5. The expenses of this transaction shall be allocated
as follows:
a) All property taxes and assessments shall
be prorated as of the date of said Closing
Conference.
b) HBCo. shall pay for all dociunentary stamp
taxes imposed upon the transfer .1 said Property.
c) City shall pay for recording the grant deed.
d) HBCu. shall pay the ccr�,t of Title Policy.
6. The policy of title insurance issued as of the
Closing Date ("Title Policy") shall be a standard CLTA Owner's
Policy of title insurance or equivalent, issued by Title
insuring City, as owner, with liability limits of $31,234.00.
The Title Policy shall cover said Property and shall show said
Property vested in City subject only to the real property taxes
for the current tax year not delinquent, the exceptions and
reservations set frr-th in the grant deed to said. Property and
the exceptions set forth on that certain preliminary title
report No. OR-1189930 issued by Title, a copy of which is
hereunto annexed marked Exhibit "H" except Exceptions 6 and 7.
M
T�
4.
7. By executing this agreement, City acknowledges
that it has examined said property, said Slope Easement
Property and said Street Easement Property and knows the
=edition 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 Slope Easement Property and Street
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 Slope Easement Agreement and the Easement
Deed referred to in 'paragraph 2 and 3 hereof and, prior to the
development of HBCo.'s adjacent property, to make any and all
street, curb and gutter improvements required on said Property,
said Slope Easement Property, said Street Easement Property
and HBCo.'s adjacent property.
9. Should any litigation be commenced between the
parties hereto concerning this agreement, the Slope Easement
Agreement, 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 other relief
as may be granted, to a reasonable sum as and for his attorneys
fees in such litigation which shall be determined by the court
in such litigation or in a separate action brought for that
purpose.
10. This agreement, the Slope Easement Agreement,
Easement Deed and Grant Deed contain the entire agreements
between HBCo. and City respecting said Property, said Slope
Easement Property and said Street Easement Property, and any
agreement or re?or.3sentation respecting such properties or the
duties of either HBCo. or City in relation thereto not expressly
set forth in said instruments is null and void.
5.
11. Time is of the essence of this agreement.
12. Any notice required under the terms of this
agreement may be given by personal delivery of such notice
or, at the option of the party giving such notice, may be given
by registered or certified mail, addressed to the respective
parties as follows:
Huntington Beach Company
2110 Main Street
Huntington Beach, California 92648
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
13. This agreement shall inure to the benefit of
and be binding upon tt_e successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties have executed this
agreement.
DATED: 19.77.
DATED: _ pf/, _, 1977.
HUNTINGTON BEACH COMPANY,
a corporation,
By
Vi^e-President
Byc�/
Assistant Secretary
THUNTIN CH,
ipai .,or ati n,
Mayor
EST.
City Clerk
`PROVE. AS ORM
Ci A orney
APPRO r D:
City Administrator
6.
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
That certain real property in the City of Huntington Beach,
County of Orange, State of California, described as follows:
That portion of the :forth one-half (N 1/2) of the
Northeast one -quarter (N.E. 1/4) of the Southwest
one -quarter (S.W. 1/4) of Section 35, Township 5
South, Range 11 Wr3t, in the Rancho Las Bolsas,
City of Huntingto'.i Beach, County of Orange, State
of California, as shown on a map recorded in Book
51, Page 13 of Miscellaneous Maps, in the office
of the County Recorder of said County, described
as follows:
Beginning at the center of Section 35, as per
Tract No. 7601 as shown on a map recorded in
Book 307, pages 38 and 39 of Miscellaneous Maps,
record of said County; thence West along the
centerline of said Section 35, 20.00 feet to the
TRUE POINT OF BEGINNING, said point lying on the
westerly right of way line of the Southern Pacific
Railroad as it now exists, being parallel with and
20.00 feet westerly of the North --South centerline
of said Section 35; thence South 0002102" West
152.30 feet along said parallel line to a .ion -tangent
curve, concave Northeast, having a radius of 1040.00
feet, a raaJ_al line to said point bears South 3015'42"
West; thence northwesterly along said curve through
a central angle of 16010'36" an arc distance 293.63
feet to a point on a reverse curve, concave southwest,
having a radius of 960.00 feet, a radial line to
said point bears North 19026'18" East; thence
northwesterly along said curve, through a central
angle of 19026118" an arc distance 325.69 feet, to
a tangent line, parallel with and 40.00 feet southerly,
measured at right angles from the East-West centerline
of said section; thence West 3.34 feet along said
parallel line, to a point on the centerline of Gothard
Street, as it now exists; thence North 37018'38" West
50.29 feet alorg said centerline of Gothard Street to
a point on the East --West centerline of said section;
thence East 640.33 feet along said section line to
the TRUE POINT OF BEGINNING.
ASk
El
EXHIBIT "B"
ELLIS AVENUE
SLOPE ERSEMENT
That portion ci the north one-half (N _/2) of the northeast
one -quarter (NE 1/4 the southwest one -quarter (SW 1/4)
of Sec. -ion 35, Town'-,:, 5 South, Range 11 West, in the Rancho
Las B(-Isas, City of '.. Ington Beach, County of Orange, State
of California, as sh. , --i a map recorded in Book 51, Page 13
of Miscellaneous Mar-, In the office of the County Recorder
of said County, descrLbed as follows:
Beginning at the center of Section 33, as per Tract 7601,
as shown on a map recorded in Book 307, Pages 38 and 39 of
Miscellaneous Maps, records of said County; thence west along
the centerline of said Section 35, 20.00 feet to the westerly
right of way line of the Southern Pacific Railroad, said right
of way line being parallel with and 20.00 feet westerly measured
at right angles from the north -south centerline of said Section
35; thence South 00 02' 02" west along said right of way line
175.3Q feet to the True Point of Beginning; thence North 760
44' 15" West 500.09 feet; thence South 36 03' 53" West 47.31
feet to a point on a non -tangent curve concave to the southeast
having a radius of 32.00 feet, a radial line to said point
bears South 520 41' 22" West; thence northwesterly, north-
easterly and southeasterly along said curve through a central
angle of 1350 25' 53" an arc distance 75.64 feet, to a compound
curve concave southwest having a radius of 990.00 feet, a
radial line to said point bears North 70 15' 29" East; thence
southeasterly along said curve through a central angle of 120
10' 49" an arc distance 204.08 feet to a point on a reverse
curve concave northeast having a radius of 1040.00 feet, a
radial 'Line to said point bears South 190 26' 18" West; thence
southeast along said curve through a central angle of 160 10'
36" an arc distance 293.63 feet to a point on the westerly
right of way line of the Southern Pacific Railroad, a radial
line to said point bears South 30 15' 42" West; thence South
00 02' 02" West along said right of way line 23.00 feet to the
True Point of Beginning.
EXCEPTING THEREFROM all of said land below a depth of two
hundred (200) feet below the surface thereof a..d 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 land or any portion or horizon thereof.
EXHIBIT "C"
STREET EASEMENT PROPERTY
That portion of the North one-half (N 1/2) of the Northeast
one -quarter (NE 1/4) of the Southwest one -quarter (SW 1/4)
of Section 35, Township 5 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 13
of Miscellaneous Maps, in the office of the County Recorder
of said County, described as follows:
Beginning at the center of Section 35 as per Tract No. 7601,
as shown on a map recorded in Book 307, pages 38 and 39 of
Miscellaneous Maps, records of said County; thence West
660.33 feet along the centerline of said section to a point
on the centerline of Gothard Street as shown on said Tract
No. 7601; thence South 370 18' 38" East 50.29 feet along the
centerline of Gothard Street as it r.)w exists to the TRUE
POINT OF BEGINNING, said point being on a line parallel with
and 40.00 feet southerly measured at right angles from the
East-West centerline of said section; thence East 3.34 feet
along said parallel line to a point on a tangent curve, concave
southwesterly, having a radius of 960.00 feet; thence south-
easterly along said curve through a central angle of 70 15'
29" an arc distance 121.61 feet to a point of cusp with a
tangent curve, concave southeasterly, having a radius of
32.00 feet, a radial line to said point bea-rs North 70 15'
29" East; thence westerly, southwesterly and southeasterly
along ,said curve, through a central angle of 1350 25' 53"
an arc distance 75.64 feet, to a tangent line, said tangent
line being parallel with and 40.00 feet northeaste*ly, measured
at right angles from the centerline of Gothard Street as it now
exists; thence South 370 18' 38" East 200.00 feet along said
parallel line; thence South 520 41' 22" West 40.00 feet to a point
on said centerline of Gothard Street, thence North 370 18' 38"
West 304.46 feet along said centerline to the TRUE POINT OF
BEGINNING.
Excepting therefrom that portion previously dedicated for street
purposes.
� � s
EXHIBIT "D"
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is
hereby acknowledged, HUNTINGTON BEACH COMPANY, a corporation
organized under the laws of the State of California hereby
GRA14TS to the CITY OF HUNTINGTON BEACH, a municipal corporation,
that certain real property in the City of Huntington 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,
itssuccessorsand 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 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, 3
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 that portion
(hereinafter called the "sub-200 portion") of said real
a
property lying below a depth of two hundred (200) feet beneath
the surface thereof, the following:
A. The sole and exclusive right from time to time
to locate and maintain subsurface portions of of 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 drilling, 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 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-200 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
acti-;ate 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-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
exclus-4.ve right to repair, redrill, deepen, maintain, rework
and operate such wells and. produce any minerals from other
2.
landsby means of such well, or wells, through the sub-200
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-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 Huntington
Beach Company, its successor and assigns, shall not be limited
to, or by, the first or any subsequent exercise thereof.
Nothing hereinabove set forth shall be deemed to
reserve to 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 iicluding,
but not limited to, alJ 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.
IN WITNFSS 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: , 1977.
HUNTINGTON BEACH COMPANY
By
Vice President
By
Assistant Secretary
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
Than certain real property in the City of Huntington Beach,
County of Orange, State of California, described, as follows;
That portion of the North one-half (N 1/2) of the
Northeast one -quarter (N.E. 1/4) of the Southwest
one -quarter (S.W. 1/4) of Section 35, Township 5
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 13 of Miscellaneous Maps, in the office
of the County Recorder of said County, described
as follows:
Beginning at the center of Secticn 35, as per
Tract No. 7601 as shown on a map recorded in
Book 307, pages 38 and 39 of Miscellaneous Maps,
record of said County; thence West along the
centerline of said. Section 35, 20.00 feet to the
TRUE POINT OF BEGINNING, said point lying on the
westerly right of way line of the Sosathern Pacific
Railroad as it now exists, being parallel with and
20.OR feet westerly of the North -South centerline
of said Section 35• thence South 0002102" West
.52.30 feet along said parallel line to a non -tangent
curve, concave Northeast, having a radius of 1040.00
feet, a radial line to said point bears South 3015142"
West; thence northwesterly along said curve through
a central angla of 16010136" an arc distance 293.63
feet to a point on a reverse curve, concave southwest,
having a radius of 960.00 feet, a radial line to
said point bears North 19026118" East; thence
northwesterly along said curve, through a central
angle of 19026'18" an arc distance 325.69 feet, to
a tangent line, parallel with and 40.00 feet southerly,
measured at right angles from the East-West centerline
of said section; thence test 3.34 feet along said
parallel line, to a point on the centerline of Gothard
Street, as it now exists; thence North 37018°38" West
50.29 feet along said centerline of Gothard Street to
a point on the East --West centerline of said section;
thence East 640.33 feet along said section line to
the TRUE POINT OF BEGINNING.
EXHIBIT "E"
I
SLOPE EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this
day of , 1977, by and between HUNTINGTON BEA
COMPANY, a corporation, (hereinafter called "HBCo."), and the
CITY OF HUNTINGTON BEACH, a municipal corporation, (hereinafter
called "City") .
WITNESSETH:
A. City owns and has title to that certain real
property located in the City of Huntington Beach, County of
Orange, State of California described in Exhibit "A" attached
hereto and by this reforenc-t made a part hereof.
B. HBCo. owns and has title to that certain real property
located in the City of Huntington Beach, County of Orange, State
of California described in Exhibit "B" attached hereto and by
this reference made a part hereof.
C. City desires the use, occupation and enjoyment
of that oertain sdetion of the real property described in
Exhibit "a" known as the "Slope Bank" adjoining the ptoperty-
described in Exhibit "A", which Slope Bank is more particularly
described in Exhibit "C" attached hereto and by this reference
5;
C
made a part hereof.
D. HBCo. desires to grant and City desires to accept
an easement in said Slope Bank upon the terms and conditions
hereinafter set forth.
f
NOW, THEREFORE, the parties hereto agree as follows:
1. HBCo. hereby grants to City subject to the terms
and conditions and upon the limitations hereinafter set forth
an easement for slope purposes in, on, over, under and across
said. Slope Bares.
2. City does hereby covenant and agree with HBCo.
to maintain said Slope Bark and any landscaping installed on said
Slope Bank in good and healthy condition, at City's expense and
this covenant Shall const,_tute a covenant running with the land,
including both the benefit to HBCo. and the burden. upon City,
and binding upon the heirs, assigns and successors in interest
of the parties hereto.
3. City further covenants and agrees with HBCo. to
make provision for adequate drainage onto the land described
in Exhibit "A" from said Slope Bank and to hold HBCo. harmless
from any and all damage caused to the land described in
Exhibit "A" as a result of such drainage and water flow,
whether such is caused by rain, snow, irrigation or whatever,
and this covenant shall constitute a covenant running with
the land, including both the benElit to HBCo. and the burden
upon City, and shall be binding upon the heirs, assigns, and
successors in interest of the parties hereto.
4. City further agrees to hold HBCo. harmless from
any and all damages arising front the use, occupation and
enjoyment of said Slope Bank by virtue of the easement granted
herein, and further agrees to assume the liability for any
and all damages which may be caused to persons, property,
1
preiUses or interests of HBCo., as a result of the use,
occupation and possession by City of the rights herein granted.
5. This Slope Ease..ent Agreement is entered into
upon the express condition and covenant that City shall use
said land fox slope purposes only; and upon the further express
2.
condition and covenant that (1) if City shall not improve,
develop, or construct upon or otherwise put to use in a
similar manner said Slope Bank for said purpose within a six
(6) months period following the date of execution, of this
instrument, or (2) if City shall cease, terminate or otherwise
discontinue such use for a continuous period of six (6) months,
or (3) if HBCo., its successors or assigns develops the
property described in Exhibit "B" or any,portion thereof in
a manner which eliminates the need for a Slope Easement to
protect the land described in Exhibit "A", then said easement
shall terminate and be of no further force or effect and said
Slope Easement shall revert to HBCo., its successors or
assigns, without any further act by City required, and HBCo.,
its successors or assigns, shall have the right to re-enter
upon said Slope Bank and take exclusive possession thereof
and shall have the further and additional right to demand
of and receive from City a Quitclaim Deed to said Slope Bank
and all of the City's right, title and interest therein here-
under.
6. This Slope Easement Agreement, including each
and every covenant, condition, and restriction Herein, shall
be binding upon the parties hereto, their heirs, assigns and
successors in interest for the term hereof.
7. City and HBCo. agree that said Slope Bank shall
not be enclosed, shut up, fenced, or any buildings or structures
erected thereon which will in any way inhibit the enjoyment of
adjoining landowner, without the pr_.or wr-tten consent of the
parties hereto, their heirs, assigns, or successors in interest.
8. In the event City should breach this Slope Ease-
ment Agreement, in whole, or in part, HBCo. shall be entitled
to recover for damages created thereby, as well as an injunction
and whatever other remedy that either the law or equity provide.
3.
9. The easement herein granted is subject to all
valid and existing licenses, leases, grants, exceptions, and
reservations affecting said Slope Bank, but more particularly
subject to the exceptions, reservations, limitations,
conditions and covenants hereinbef-re made and each of them.
IN WITNESS WHEREOF, the parties have executed this
agreement.
DATED:vi�! , 1977.
HUNTINGTON BEACH COMPANY,
a corporation,
By 2�LfJ6�4
1 President
By�E
Assistant Secretary
DATED: `�� 7 1977.
CITY HUNTINGTON H,
a ureic paal� c tion
Mayor
ATTEST:
City Cle...k
APPROVED AS TO FO .7
Ci' y A orney
APPR D : ,j •�
?'4
City Administrator
EXHIBIT "A"
That portion of the North one-half (N 1/2) of the Northeast
one -quarter (N.E. 1/4) of the Southwest -one -quarter (S.W. 1/4)
of Section 35, Township 5 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 13
of Miscellaneous Maps, in the office of the County Recorder
of said Counts, described as follows:
Beginning at the center of Section 35, as per Tract No. 7601
as shown on a map recorded in Book 307, pages 38 and 39 of
Miscellaneous Maps, records of said County; thence West along
the centerline of said Section 35, 20.00 feet to the TRUE
POINT OF BEGINNING, said point lying on the westerly right
of way line of the Southern Pacific Railroad as it now exists,
being parallel with and 20.00 feet westerly of the North -South
centerline of said Section 35; thence South 00 02' 02" West
152.30 feet along said parallel line to a non -tangent curve,
concave Northeast, having a radius of 1040.00 .feet, a radial
line to said point bears South 30 1.5' 42" West; thence north-
westerly along said curve through a central angle of 160 10'
36" an arc distance 293.63 feet to a point on a reverse curve,
concave southwest, having a radius of 960.00 feet, a radial --
line to said point bears North 190 26' 18" East; thence
northwesterly along said curve, through a central angle of
190 26' 18" an arc distance 325.69 feet, to a tangent line,
parallel with and 40.00 feet southerly, measured at right
angles from the East-West centerline of said section; thence
West 3.34 feet along said parallel line, to a point on the
centerline of Gothard Street, as it now exists; thence North
370 18' 38" West 50.29 feet along said centerline of Gothard
Street to a point on the East-West centerline of said section;
thence East 640.33 feet along said section line to the TRUE
POINT OF BEGINNING.
EXHIBIT "B"
That portion of the northeast one -quarter (NE 1/4) of the southwest
one -quarter (SW 1/4) of Section 35, Township 5 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 13 of Miscellaneous Mavis, in the office of the County Recorder
of said County, described as follows:
Beginning at the center of Section 35, as per Tract 7601, as shown
on a ma° recorded in Book 307, Pages 33 and 39 of Miscellaneous
Maps, records of said County; thence West along the centerline of
,said Section 35, 20.00 feet ro the westerly right of way line of
the Southern Pacific Railroad, said right of way line being parallel
with and 20.00 feet westerly measured at right angles from •the
north -south centerline of said Section 35; thence South 00 02' 02"
West along said right of way line 152.30 feet to the TRUE POINT OF
BEGINNING; said point being on a non -tangent curve, concave North-
east, having a radius of 1040.00 feet, a radial line to said point
bears South 30 15' 42" West; thence northwesterly along said curve
through a central angle of 160 10' 36" an arc distance 293.63 feet
to a point on a reverse curve, oon;:ave southwest, having a radius
of 960.00 feet, a radial line to :said point bears North 190 26'
18" East; thence northwesterly along said curve, through a central
ai.,gle of 190 26' 18" an arc distance 325.69 feet, to a tangent
line, parallel with and 40.00 feet southerly, measurers at right
angles from the East-West centerline of said section; thence West
3.34 feet along said parallel line, to a point on the centerline
of Gothard Street,50 feet wide as it now exists; said point being
South 370 18' 38" East 50.29 feet from the centerline intersection
of said Gothard Street and Ellis Avenue, 40 feet wide; thence ,along
said centerline of Gothard Street and southeasterly projection of
said centerline South 370 18' 38" East 949.62 feet to a point on
said westerly right of way line of the Southern Pacific Railroad;
thence along said westerly right of way line North 00 02' 02" East
642.99 feet to the TRUE POINT OF BEGINNING.
EXCEPTING therefrom the southwesterly 25.00 feet, being the north-
easterly half of said Gothard Street.
EXHIBIT "C"
ELLIS AVENUE
SLOPE EASEMENT
That portion of the north one-half (N 1/2) of the northeast
one -quarter (NE 1/4) of the southwest one -quarter (SW 1/4)
of Section 35, Township 5 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 13
of Miscellaneous Maps, in the office of the County Recorder
of said County, described as follows:
Beginning at the center cf Section 35, as per Tract 7601,
as shown on a map recorded in Book 307, Pages 38 and 39 of
Miscellaneous Maps, records of said County; thence west along
the centerline of said Section 35, 20.00 feet to the westerly
right of way line of the Southern Pacific Railroad., said _right
of way line being parallel with and 20.00 feet westerly measured
at right angles from the north -south centerline of said Section
35; thence South 00 02' 02" west along E;aid right of way line
175.30 feet to the True Point of Beginning; thence North 760
44' 15" West 500.09 feet; thence South 366 03' 53" West 47.31
feet to a point on a non -tangent curve concave to the southeast
having a radius of 32.00 feet, a radial line to said point
bears South 520 41' 22" West; thence northwesterly, north-
easterly and southeasterly along said curve through a central
angle of 1350 25' 53" an arc distance 75.64 feet, to a compound
curve concave southwest having a radius of 960.00 feet, a
radial line to said point bears North 70 15' 29" East; thence
southeasterly along said curve throt.gh a central angle of 120
10' 49" an arc distance 204.08 feet to a point on a reverse
curve concave northeast having a radius of 1040.00 feet, a
radial line to said point bears South 190 26' 18" West; thence
southeast along said curve through a central angle of 160 10'
36" an arc distance 293.63 feet to a point on the westerly
right of way line of the Southern Pacific Railroad, a radial
line to said point bears South 30 15' 42" West; thence Soutr.
00 02' 02" West along said right of way line 23.00 feet to the
True Point of Beginning.
EXCEPTING THEREFROM all of said land below a depth of two
hundred (200) feet below the surface thereof and 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 land or any portion or horizon thereof.
EXHIBIT "F"
EASEMENT DEE D
HUNTINGTON BEACH COMPANY, a California Corporation,
hereinafter called, "Grantor", hereby grants to the CITY OF
HUNTINGTON BEACH, hereinafter called, "Grantee", upon the
limitations hereinafter set forth an easement for street
purposes over the following described real property:
'.'hat portion of the North one-half (N 1/2) of the
Northeast one -quarter (N.E. 1/4) of the Southwest one -
quarter (S.W. 1/4) of Section 35, Township 5 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 13 of
Miscellaneous Maps, in the office of the County
Recorder of said County, described as follows:
Beginning at the center of Section 35 as per Tract No.
7601, as shown on a map recorded in Book 307, pages 38
and 39 of Miscellaneous Maps, records of said County;
thence West 660.33 feet along the centerline of said
section to a point on the centerline of Gothard Street
as shown on said Tract No. 7601; thence South 370 18,
38" East 50.29 feet along the centerline of Gothard
Street as it now exists to the TRUE POINT OF BEGINNING,
said point being on a line parallel with and 40.00 feet
southerly measured at right angles from the East-West
centerline of said section; thence East 3.34 feet along
said parallel line to a point on a tangent curve, concave
southwesterly, having a radius of 960.00 feet; thence
sou'..heasterly along said curve through a central angle
of 70 15' 29" an arc distance 121.61 feet to a point
of cusp with a tangent curve, concave southeasterly,
having a radius of 32.00 feet, a radial line to said
point bears North 70 15' 29" East; thence westerly,
southwesterly and southeasterly along said curve,
through a central angle of 1350 25' 53" an arc distance
75.64 feet, to a tangent line, said tangent line being
parallel with and 40.00 feet northeasterly, measured
at right angles from the centerline of Gothard Street
as it now exists; thence South 370 18' 38" East 200.00
feet along said parallel line; thence South 520 41' 22"
West 40.00 feet to a point on said centerline of Gothard
Street; thence North 370 18' 38" West 304.46 feet along
said centerline to the TRUE POINT OF BEGINNING.
Excepting therefrom that portion previously dedicated
for street purposes.
Excepting to Grantor all right, title and interest in
said land below a depth of two hundred (200) feet below the
surface thereof, and reserving to Grantor, its successors and
assigns, all oil, gas asphaltum and other hydrocarbons and
other .Llinerals, whether similar to those specified o_r not,
within or that may be produced from said land or any portion
.or horizon thereof.
This Easement Deed is made upon the express
condition and covenant that Grantee shall use said land
for street purposes and for such purpose 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 within a six (6) months period
following the date of execution of this instrument or if
Grantee shall 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 lane 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 land and take exclusive possession thereof and shall have
the further and additional right to demand of and receive
from Grantee a Quitclaim Deed to said land and all of the
Grantee's right, title and interest therein hereunder. This
Easement Deed is given subject to all valid and existing licenses,
leases, grants, exceptions, and reservations affecting said
premises, but more particularly subject to the exceptions,
reservations, limitations, conditions and covenants herein -
before made and each of them.
IN WITNESS WHEREOF, Grantor has executed this Easement
Deed this day of , 1977.
HUNTINGTON BEACH COMPANY
By
Vice President
By
Assistant Secretary
®i U C) P - , J. WYLIE CARLYLE
2Q _ ? �i COUNTY RECORDER
TELEPHONE: 834-2900
AREA CODE 7;4
FINANCE BUILDING
l SANTA ANA3 CALIFORNIA 82702
OFFISE OF THE COUNTY RECORDER
City of Huntington Beach December 16, 1977
P,O, Box 190
Huntington Beach, Ca. 92648
We are returning UNRECORDED Agreement
naming Huntington Beach Company
together with your remittance of $ exempt
for the reason indicated below:
The Assessor's Parcel Number is required on all instruments of transfer.
Property not located in Orange County. Forward the document(s) to the
Recorder, County, California.
Signature and/or Sea! of Notary Public omitted.
Please state the name of the city in which the property is located, or
that the property is in unincorporated area.
Please state the name and the mailing address for future tax statements.
Signature required
XXX Must be acknowledged before
a Notary Public.
insufficient recording fees. The correct fee for the documents) will
be
NOTE: PLEASE SHOW THE NAME AND RETURN MILING ADDRESS ON EACH DOCUMENT TO BE
RECORDED.
J. fvTLIE CAR.LILE, Recorder
By Patricia L. Brown
Deputy
ac
F 0662•-5 (c)
M.
r,
A S<
-
-of Huntington Beach
P.O. BOX ISO ""CALIFORNIA
December 15, 1977
J. Wylie Carlyle, Recorder.
County of Orange
P. O. Box 238
Santa Ana, Ca. 92702
Dear Sir:
Unclosed }Tease find i&#Tl�1r�c�i]{�Ff�X�rl�iFR�I° Agreement/ to be recorded
and returned to the Office of the City Clerk, City of Huntington Beach,
P. O. Box 190, Huntington Beach, California 92648.
Sincerely yours,
Alici.i M. Wentworth
City Clerk
1LMW : pr
Enclosure