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HomeMy WebLinkAboutSims - Hollingsworth - Pinney - 1974-10-21 i SEP 18 1974 t MEADOWLARK COUNTRY CLUB ACQUISITION AGREEMENT This Meadowlark Country Club Acquisition Agree- ment (the "Agreement" ) made as of the 1st day of September, 1974 , by the City of Huntington Beach, a municipal corpora- tion (the "City" ) and 'Gomer J. Sims and Helen M. Sims , husband and wife as community property, as to an undivided 45. 8% ; Roland W. Sims , as his sole and separate property, as to an undivided 4.2% ; Cecil B. Hollingsworth, as his sole and separate property, as to an undivided 25%; Vern N. Hollingsworth and Gretchen Hollingsworth, husband and wife as community property, as to an undivided 12 .5%; Jerald C . Hollingsworth and Judith Hollingsworth, husband and wife as community property, as to an undivided ll%'; C. A. Pinney, Jr. as Trustee for Scott Hollingsworth, as to an undivided 1/2% ; C. A. Pinney, Jr. as Trustee for Kimberly Hollingsworth, as to an undivided 1/2% ; C . A. Pinney, Jr. as Trustee for Christopher B. Hollingsworth, as to an undivided 1/2% , (hereinafter referred to as "Sellers" ) ; W I T N E S S E T H WHEREAS , the Sellers now own a golf course and related properties, (the "Golf Course" ) (a description and inventory of such properties being attached hereto as Exhibit A) within the City; and WHEREAS, the City desires to purchase the Golf Course from the Sellers, and the Sellers desire to sell the Golf Course to the City; 1 NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained and for other good, valuable and adequate consideration the parties hereto agree as follows : Section 1. Agreement of Purchase and Sale. Upon the terms and conditions herein set forth, the City agrees to buy from the Sellers and the Sellers agree on the Date of Closing (hereinafter defined) to sell, convey, assign, transfer and deliver to the City the Golf Course . Section 2 . Representations and Warranties by the Sellers. The Sellers, jointly and severally represent , warrant and agree : (a) Authority to Execute Agreement . No further action by or filing with any governmental authority is necessary for the valid execution or delivery of this Agreement by the Sellers or for the transfer to the City of .the Golf Course. (b) Title to Properties. (1) The Sellers have good and marketable title to the properties and assets set forth on Exhibit A, subject to matters or exceptions , if any, set forth therein, . and on the Date of Closing hereinafter referred to, the Sellers will have and will transfer to the City good 2 . 1 and marketable title by grant deed to such properties (except such of said properties as may be consumed by use and replaced by substantially equivalent properties or dis- posed of in the ordinary course of business) free and clear of all liens, charges , mortgages ,. encumbrances, claims or equities of any kind whatsoever, except as stated in said Exhibit A. (2) The Sellers shall quitclaim their entire right , title and interest in and to all properties being transferred hereunder which are not set forth on Exhibit A and repre- sent (i) that the Sellers have been in posses- sion of said properties under claim of right and that they have no knowledge or notice that .such claim is disputed, (ii) that the Sellers have not heretofore conveyed any interest in said properties which in their opinion would materially. interfere with the Sellers' or the City' s right to the use of or possession of said properties as a recreational and golf facility, and (iii) that they do not know of any liens, charges , encumbrances , claims or equities whatsoever upon or in said properties which would materially interfere with the use thereof. (3) Sellers shall retain all mineral rights to the Golf Course real property below 3. S a level of 500 feet and shall have' the right subject to all -City laws and procedures to construct a drill site on the Golf Course , using below surface pumping units. One site shall be permitted which shall be limited to the area of the existing maintenance yard. Said drill site shall be constructed in -a manner such as to provide minimal inter- ference with play on the Golf Course. The drill site area shall be landscaped so as to minimize visual intrusion upon the Golf Course . Reasonable ingress and egress to said drill site shall be permitted to Sellers . (c ) No Litigation . There is no suit , action or legal, administrative, arbitration or other proceeding pending, or to the knowledge of the Set= lers , threatened against the Sellers , jointly or severally which affects said Golf Course or the sale thereof hereunder. In the event any new pro- ceedings shall be commenced or, to the Sellers ' knowledge, threatened with respect to the Sellers or any part of the Golf Course, the Sellers shall promptly upon receipt of notice thereof mail notice thereof to the City at the address hereinafter set forth. (d) Sales and Use Tax. It is believed by the parties hereto that the sale of the. properties to the City contemplated by this Agreement will be , 4 . T if consummated, an occasional or casual sale within the meaning of said law. Section 3. Particular Agreements of the Sellers. The Sellers covenant and agree to and with the City as follows: (a) Conduct of Business. The Sellers will not, without the prior written consent of the City, enter into any material transaction relative to the Golf Course other than in the ordinary course of business. (b) Sale or Transfer of -Operating Property. No part of the Golf' Course used therein or useful thereto and no water rights or easements , if any, will be voluntarily sold, transferred or encumbered by the Sellers without the prior written consent of the City. (c) Maintenance and Repairs . From and after the date hereof and until the Date of Closing, as hereinafter defined, the Sellers will maintain and preserve the Golf Course in its present condition. - (d) Insurance. From and after the date hereof and until the Date of Closing, the Sellers shall con- tinue to carry the existing insurance , which may be cancelled after the Date of Closing. _ 5 • (e) Taxes. The Sellers .will pay all. federal - and state conveyance or deed stamp taxes required to be paid in respect of the transfer of any real property hereunder. All ad valorem taxes with re- spect to the Golf Course, whether prepaid or whether constituting a lien against the Sellers shall be prorated as of 12.01 A.M. on the Date - of Closing. It is specifically agreed that the City shall not assume and shall not in any manner be responsible for any liability or obligations of the Sellers for any federal, state or local takes or charges on or measured by income , and assessments, interest , penal- ties or other charges relating to any such taxes , or for any other taxes or charges levied or imposed by any federal, state or local government incurred to the Date of Closing, except as herein expressly provided. (f) Information and Access to the City. As and when from time to time requested by the City before the Date of Closing, the Sellers will give to the City and its counsel, accountants and other representatives full access, in such manner as does not interfere with the operation of the Golf Course , during normal business hours, to all the properties, contracts, documents and records of the Sellers which in any way pertain to the physical Golf Course Facilities and will furnish the City all such docu- ments and copies of documents and records and informa- tion with respect to the Golf Course as the City may 6 . r from time to time reasonably request . The above language shall not be construed to include books of account or the financial records of the Sellers . (g) Further Assurance . As and when from time to time requested by the City (but not later than one year after the Date of Closing) and without further consideration, the Sellers , at their expense , will execute and deliver such instruments of convey- ance and transfer and take such other action as may be necessary in order more effectively to convey and transfer title to any of the properties and assets comprising the Golf Course. (h) Title Reports. The Sellers shall order from and prior to the Date of Closing shall furnish City with title reports issued by Title Insurance and Trust Company, Los Angeles, California, on the title to the parcels of real property set forth in said Exhibit A. The cost of said reports shall be at the Sellers' expense . Section 5. Title to be Conveyed. All property in the Golf Course shall be con- veyed by the Sellers to the City by deed, bill of sale , quitclaim deed, or other conveyance in the form and exe- cution satisfactory to counsel for the Sellers and the City Attorney. 7 • Section 6 . Time of Transfer and .Closing. The time of transfer shall be at such time and on such date (not later than January 1, 1975) as the City shall designate in writing upon not less than fifteen days ' notice (such date and time being in this Agreement sometimes referred to as the "Date of Closing" ) . At the Date of Closing the Sellers will convey title to all property and assets to be transferred to the City here- under. Simultaneously with the completion of the transfer or as soon as reasonably practicable thereafter the - Sellers will put the City into full possession and enjoyment of all of the Golf Course transferred hereunder. Section 7. Conditions Precedent to the Sellers ' Obligations. The obligations of the Sellers hereunder are sub- ject to fulfillment , prior to or on the Date of Closing, of the following conditions: (a) The City shall have entered into or made provision for the operation of the Golf Course on such terms and conditions as shall be satisfactory to the Sellers. (b) Payment of the down payment as set forth herein. (c) Receipt of a ruling from the Internal Reve- nue Service that the interest to be received hereunder will be exempt from federal income taxes . 8 . Section 8. Conditions Precedent to the City' s Obligations. The obligations of the City hereunder are subject to fulfillment , prior to or on the Date of Closing, of each of the following conditions : (a) Representations and Warranties True at Closing. All representations and warranties by the Sellers which are contained in this Agreement shall be true and correct on and as of the Date of Closing as though said representations and warranties were made at and as of such time. (b) Performance . The Sellers shall have per- formed and complied with all agreements or conditions . required by this Agreement to be performed and com- plied with by them prior to or on the Date of Closing. (c) Title Insurance . The Sellers , at their ex- pense , shall have furnished the City at the Date of Closing a policy or policies of title insurance issued by Title Insurance and Trust Company, Los Angeles , California, in the California Land Title Association form, covering the parcels of real property set forth in Exhibit A, to be sold hereunder, and showing title thereto vested in the City subject to no liens , charges , mortgages, encumbrances, claims or equities, except such as are set forth in said Exhibit A or permitted by this Agreement . r i (d) Loss or Destruction of Properties . The properties and assets to be sold hereunder shall not have suffered any material and substantial damage (whether or not the loss therefrom shall have been insured) by fire, flood, accident or other calamity. (e) Receipt by the City from Orange County of moneys in the amount of $600,000. Such moneys shall be used to satisfy the condition set forth in sub- section (b) of Section 7 hereof and to the extent that there are any excess moneys after the satisfaction of " such condition, they shall be deposited in the Meadowlark Fund hereinafter created. Section 9 . Use of Best Efforts to Satisfy Conditions. The Sellers and the City will, in good faith, each use their best efforts to the end that each of said conditions set forth in this Agreement shall be 'satisfied. Section 10. Termination . Any party may on the Date of Closing forthwith terminate this Agreement, without liability to any other, if any condition precedent to such party ' s obligation here- under shall not have been satisfied at the Date of Closing, or if, at said time, such party is unable to proceed with said closing because of litigation or the threat thereof. Any party may give notice to any other party in the manner hereinafter provided on or at any time prior 10 . to the Date of Closing of its intention to terminate this Agreement because of default made by such other party in the observance or in the due and timely performance of any of its covenants and agreements herein contained. Said notice shall state the nature of the default and give the other party a reasonable time , but in no case beyond the Date of Closing, to cure said default . If said default is not cured within said time said party may by further notice given in the. manner hereinafter provided terminate this Agreement. Section 11. Manner of Giving Notice . Notice shall be deemed sufficiently given if in writing and if either served personally upon the City Clerk at the City Hall, or upon the Sellers , or mailed by registered mail to the City Clerk at the City Hall , or to the Sellers , in care of Charles A. Pinney, Jr. , Esq. , 444 South 8th Street-, El Centro , California 42243 , or such other address as any party shall advise the others in writing. Copies of any such noties given prior to the Date of Closing shall also be mailed to Title Insurance and Trust Company, 433 South Spring Street , Los Angeles , California 90013, Attention: Escrow Department , Escrow No. 73175411., Section 12 . Counterparts. This Agreement may be executed in a number of counterparts all of which shall together constitute one Agreement . 11 . f Section 13. Continuation of Covenants . All covenants, agreements, representations and warranties made herein shall survive the execution of this Agreement , and the execution and delivery of all documents delivered pursuant thereto. Section 14 . Terms of Purchase. The purchase price of the Golf Course shall be $3,200,000. The purchase price shall be paid to the Sellers as follows : (a) On the Date of Closing, the amount of $928,000 shall be paid to the Sellers; (b) The balance of the purchase price shall be paid in the amounts and on the dates in each of the years as shown in. Exhibit B attached hereto and made a part hereof. Interest on the unpaid balance of principal then outstand- ing (herein called the "Unpaid Balance" ) at the rate of 7% per annum shall be paid to the Sellers in accordance with Exhibit B hereto. Payments made hereunder shall first be credited to the interest payment then due , and the remainder applied to the Unpaid Balance . If any in- stallment of the Unpaid Balance is not paid in full when due , or if any interest payment is not paid in full when due , then said delinquent sum shall bear interest at the rate of 7% per annum until paid in full. Said install- _ ments of the Unpaid Balance and said interest payments 12 . shall be payable in lawful money of the United States of America at the Huntington Beach branch of the Bank of America N.T. & S.A. The City shall have no right to prepay principal or interest prior to the 20th anniversary date of the Closing. On or after such 20th anniversary date , any outstanding balance of principal, interest or both may be prepaid by the City without penalty at any time and in any amount. Section 15 . Pledge of Gross Revenues . All of the installments of the Unpaid Balance and interest thereon shall be and are a special obliga- tion of the City and shall be and are secured by a pledge of and lien upon and shall be and are a charge upon and shall be and are payable solely from the gross revenues of the Golf Course , as herein provided. For the purpose of this Agreement , "gross reve- nues" are defined to be all gross income and revenues received by the City from the Golf Course, including all fees , tolls , rates and other charges , and all gross income and revenues of all improvements , or additions to the Golf Course . Said gross revenues and any interest earned on said revenues shall constitute a trust fund for the security and payment of the Unpaid Balance and interest thereon and so long as any of the Unpaid Balance or interest thereon is unpaid said gross revenues and the interest earnings thereon shall not be used for any other purpose and shall be held in trust and shall be applied pursuant to this Agreement or to this Agreement as modified pursuant to the provisions herein. 13. The City may, however, withdraw from the Meadow- lark Fund in each fiscal year, an amount or amounts, which at no time in such fiscal year will exceed $200,000, to be used for any other lawful City purpose, provided that such amounts so withdrawn shall be repaid by the City within the fiscal year that such moneys were so withdrawn. Nothing contained herein shall be construed to constitute a pledge of any revenues from any facility other than the Golf Course and any improvements or additions thereto, or a pledge of any other revenues. Section 16 . No General City Liability . The general fund of the City is not liable for the payment of the Unpaid Balance or interest thereon , nor is the credit or taxing power of the City pledged for the payment thereof. The exercise of the taxing power by the City shall not be compelled nor shall the City be compelled to forfeit any of its property ac- quired pursuant to this Agreement or any of its other property, except the gross revenues of the Golf Course. The Unpaid Balance and interest thereon is not a debt of the City nor a legal or equitable pledge , charge , lien or encumbrance upon any of its property, or upon any of its income , receipts, or revenues, except the gross revenues of the Golf Course which are under the terms of this Agreement pledged and charged to the pay- ment thereof; provided, however, that nothing in this Agreement shall prevent the City from discharging any obligation under this Agreement in. accordance with the 14 . fl terms thereof, if at any time it desires to do so, from any other legally available funds. Section 17 . Meadowlark Golf Course Fund. At a reasonable time prior to the Date of Clos- ing the City shall create in the City Treasury a separate . fund to be designated the Meadowlark Golf Course Fund (the "Meadowlark Fund" ) . All the gross income and revenues of the Golf Course , including all fees, tolls , rates and other charges received by the City from the operation of the Golf Course , on and after the Date of Closing, shall be paid into the Meadowlark Fund and payments from said fund shall be made only as provided by this Agreement . Section 18. P & I Account . On the Date of Closing, the City shall transfer moneys in an amount sufficient taking into account esti- mated earnings to accrue from operation of the Golf Course and the interest earnings on investments to pay on the lst anniversary date from the Date of Closing the amount of $472 ,000. Not later than the last day of the 23rd calendar month following the Date of Closing and annually `thereafter so long as any of the Unpaid Balance or interest thereon remains outstanding there shall be set aside and transferred within the Meadowlark Fund to the P & I Account the full amount° required to pay, as it becomes due , the installment next coming due of the Unpaid Balance and interest thereon. Such sums shall be so transferred out of the - Meadowlark Fund and not out of any other fund, account 15 . or moneys of the City. Money set aside and placed in said P & I Account shall be expended only for the pay- went of the Unpaid Balance and interest thereon, includ- ing accrued interest on any installment of principal which is prepaid as provided in Section 14, and shall not be used for any other purpose whatever except that any such. money so set aside and placed in said account which at any time may be in excess of the amount which at that time is required by the terms of this Section to be in said account in cash ,may (i) be temporarily invested in any authorized securities eligible for investment by public agencies in the State of California, and (ii) in the event .that the City should operate the Golf Course , used for the reasonable main- tenance and operation thereof. After all of the Unpaid Bal- ance and interest thereon has been paid any money remain- ing in said account shall be transferred to the Meadowlark Fund. Section 19. Warranty. The City shall preserve and protect the security of this Agreement and the rights of the Sellers and their successors or assigns, and warrant and defend these rights against all claims and demands of all persons. Section 20 . Covenants of the City. So long as the Unpaid Balance and interest thereon is unpaid or so long as provision for the full payment and discharge thereof through the setting apart in the P & I Account of money sufficient for that purpose has not been - made, the City makes the following covenants with the Sellers, lb . their successors or assigns (to be performed by the City or its proper officers , agents or employees) which are necessary, convenient and desirable to secure the pay- ment of the Unpaid Balance and interest thereon; provided, however, that said covenants do not require the City to expend any funds other than revenues received or receiv- able from the Golf Course ; and provided further, however, that all said covenants shall terminate and be of no further force and effect upon full payment of or due provision for the payment of the Unpaid Balance and interest thereon. A. Punctual Payment . The City covenants that it will duly and punctually pay or cause to be paid said installments of the Unpaid Balance and interest thereon and that- the payments into the P & I Account will be made , all in strict conformity with the terms of this Agreement , and that it will faithfully observe and perform all of the conditions, covenants and requirements of this Agreement and all agreements supplemental thereto, and that time of such payment and performance is of the essence of the City' s contract with the Sellers. B. Operate Golf Course in Efficient and Economical Manner. The City covenants and agrees to provide for the operation of the Golf Course in an effi- cient and economical manner and to operate and provide for the maintenance and operation of the Golf Course in good repair and working order. - 17 . r f f In the event that the City fails to make pay- ment of the amounts at the times and in the manner as pro- vided in this Agreement, the Sellers, upon 30 days notice to the City, shall have the right to take such action with, respect to the operation of the Golf Course, which in the Sellers' opinion, and consistent with applicable law, will result in providing such funds to make the payments under this Agreement . Such action may include, but shall not be limited to,' a substitution of operators for the Golf Course, which may be the Sellers or a designee of the Sellers. C. Against Sale , etc . The City covenants that the Golf Course shall not be mortgaged or otherwise en- cumbered, sold, leased, pledged, any charge placed thereon, or disposed of in part or in whole unless such sale or other disposition be so arranged as to provide for a con- tinuance 'of payments into the Meadowlark Fund sufficient in amount to permit payment therefrom of the Unpaid Ba-lance and interest thereon and that the Golf Course and the revenues therefrom shall not be mortgaged, encumbered, sold, leased, pledged, any charge placed thereon, or disposed of or used except as authorized by the terms of this Agreement . The City further covenants that it will not enter into any agreement which impairs the operation of the Golf Course or any part of it neces- sary to secure adequate revenues to pay the Unpaid Balance and interest thereon or which would otherwise, impair the right of the Sellers with respect to the reve- nues or operation of the Golf Course. If any part of the Golf Course (herein defined to constitute any 18 . i individual sale for a consideration in excess of $1,000, or any sale which would result in aggregate , sales in any one calendar year in excess of $5 ,000) is sold, the pay- ment therefor shall be placed in the P & I Account and shall be applied to payment of the Unpaid Balance and interest thereon. The City covenants that any amounts received as awards as a result of the taking of all or any part of the Golf Course by the lawful exercise of eminent domain, if and to the extent that such right can be exercised against such property of the City, shall . be placed in the P & I Account. and shall be applied to payment of the Unpaid Balance and interest thereon; pro- vided, however, that if the entire Golf Course is so taken, and the proceeds available therefrom are insuf- ficient to pay in full the Unpaid Balance and interest thereon, then in such event there shall be no further liability on the part of the City to make up such de- ficiency, and upon payment by the City of the proceeds available, this Agreement shall terminate . D. Insurance . The City, covenants that it shall at all times maintain or cause to be maintained with responsible insurers all such insurance on the Golf Course as is customarily maintained with respect to works and properties of like character against accident to, loss of or damage to such works or prop- erties . Such insurance may be included as part of the City' s comprehensive insurance. If any useful part of the Golf Course shall be damaged or destroyed such - part shall be restored to use . The money collected 19 . from insurance against accident to or destruction of the Golf Course shall be used for repairing or re- building the damaged or destroyed system and to the extent not so applied shall be paid into the P & I Account , to be applied to the payment of the Unpaid Bal- ance and interest thereon. The City shall also main- twin or cause to be maintained with responsible in- surers workmen' s compensation insurance and insurance against public liability and property damage to the ex- tent reasonably necessary to protect the City and the Sellers. E. Records and Accounts . The City covenants that it shall cause to be kept proper books of record and accounts of the Golf Course separate from all other records and accounts in which complete and correct en- tries shall be made of all transactions with regard to the Golf Course . Said books shall at all times be sub- ject to the inspection of any of the Sellers or their representatives authorized in writing. The City covenants that it will cause the books and accounts of the Golf Course to be audited annually by an independent certified public accountant or firm of certified public accountants and will fur- nish upon request a copy thereof to the Sellers . F. Rates and Charges . The City covenants that it shall prescribe, revise and collect charges - for the services from the Golf Course which (after 20. making allowances for contingencies and error in the estimates) shall be at least sufficient to pay the following amounts in the order set forth: (1) All payments required to be made into the P & I Account to pay the Unpaid Balance and interest thereon as the same becomes due; and (2) All payments required to meet any other obligations of the City which are charges , liens , encumbrances upon or payable from the gross reve- nues of the Golf Course. H. No Priority for Additional Debt . The City covenants that no additional indebtedness , contract or other obligation payable out of the gross revenues of the Golf Course shall be created or incurred having any pri- ority in payment of principal and interest out of the gross revenues of the Golf Course over or with the payments re- quired by this Agreement . Section 21. Investment of Funds . Obligations purchased as an investment of moneys in any funds or accounts created pursuant to this Agreement which are herein authorized to be in- vested shall be deemed at all times to be a part of such funds or accounts and the interest accruing there- under and any profit realized from the investment shall be credited to such funds or accounts and any loss re- sulting from such investment shall be charged to such 21. funds or accounts. The City shall sell at the best price obtainable or present for redemption any obliga- tions so purchased whenever it shall be necessary to do so in order to provide moneys to meet any payment or transfer from such funds or accounts. For the purpose of determining at any given time the balance in any such fund or account any such investment constituting a part of such fund or account shall be valued at the then estimated or appraised market value of such investment . Section 22 . Modification by Mutual Consent. By mutual consent the City and the Sellers may amend, waive or modify. any provisions of this Agree- ment. After any such consent , evidenced by writing, any act pursuant to said amendment , waiver or modification shall not be deemed an infringement of any of the pro- visions of this Agreement , whatever the character of such act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Agreement and neither the Sellers nor the City shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain any officer of the City from taking any action pursuant thereto. Section 23 . Enforcement . The provisions of this Agreement constitute a contract between the City and the Sellers , their successors or assigns , and the provisions thereof shall - 22 . t be enforceable by mandamus , accounting, mandatory in- junction or any other suit , action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent jurisdiction. Said contract is made under and is to be construed in accordance with the laws of the State of California. No remedy conferred upon the Sellers is intended to be exclusive of any other remedy, but each. such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by any law of the State of California. No waiver of any default or breach of duty or contract by the Sellers shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of the Sellers to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon- the Sellers may be enforced and exercised as often as may be deemed expedient . Section 24 . Future Contracts. Nothing herein ,contained shall be deemed to restrict or prohibit the City from making contracts or creating bonded or other indebtedness payable from the _ 23. general fund of the City or from taxes from any source other than the revenues ,of the Golf Course herein pledged. Section 25. Paying Agent . The Huntington Beach branch of Bank of America N.T. & S.A. is hereby appointed Paying Agent pursuant to the Agreement. All payments required by this Agreement to be paid to the Sellers shall be paid by the City to the Paying Agent , which bank shall in turn distribute such payments to the Sellers as their interests shall appear to the Paying Agent . All notices or statements required by the City to be given hereunder shall similarly be given to the Paying Agent for the account of the Sellers. The City shall be under no liability with respect to any such dis- tribution, and all payments made by the City to the Paying Agent hereunder shall discharge the obligation of the City with respect thereto, to the extent so made. The charges of the Paying Agent shall be borne by the Sellers as they shall determine . Section 26 . Assignment. The Sellers, or any of them, and any assignee of of a Seller or his successor in interest , may assign this Agreement or the right to receive any payment of the Unpaid Balance and interest thereon due hereunder, in whole or in part, and -from time to time, subject , however, to the following provisions : (a) No such assignment shall be made prior to the Date of Closing without the City' s consent . 24 . (b) In the event of any assignment of any right to receive payments hereunder, each assignor and each assignee shall deliver written instruc- tions to the Paying Agent at the time of each assignment, which instructions shall contain such provisions as the parties deem appropriate, includ- ing without limitation, instructions relative to payment of the charges of the Paying Agent . (c ) Notwithstanding covenant E of Section 20 hereof, in the event of any assignment the City shall not be required to permit inspection of its books except by a person (or a group of persons acting through a single representative) owning the right to receive at least 10% of the Unpaid Balance , or his representative duly authorized in writing. (d) After any assignment, any provision of this Agreement --may be amended, waived or modified only by the City and person owning the, right to receive 100% of the Unpaid Balance. (e) No action may be brought hereunder except to receive payment of principal and interest as provided by this Agreement , except by, or with the written consent of, persons owning the right to receive at least 51% of the Unpaid Balance . (f) The City shall be entitled to rely on its records or those of the Paying Agent in all respects 25. t i as to the identity and amount of interest of any Seller or assignee hereunder and both the City and the Paying Agent may treat the Sellers and assignees whose names appear in such records as the absolute owners of rights under this Agreement to the extent shown in such records. IN WITNESS WHEREOF, each of the parties here- to has caused this instrument to be executed by its respective officers or owners theretofore duly auth- orized. CITY OF HUNTINGTON- BEACH Date of Signing: Mayor Pro empore of the city of October 21 1974 Huntington Beach my APPRQV a TO FORM ttest : l�Vs- ............ . DON P....I30NFA City Attorney ALICIA M. WENTWORTH City Clerk of the City of Huntington Beach (SEAL) , . . . By: APPROVED AS TO CONTENT Deputy City Clerk- BY.. �.......I........ CITY ADP,:!1INIlSTRj'?TOR 26. SELLERS Date Of S ping: ' la 1974 -7 /—Vlv — w Date of Signing: Az 1974 t Date of Signing: 1974 Date of Signing: 1 Date of Signing: 1974 Date of Signing: ,• 1974 Date of Signing: q J 94 , 1974 Date of Signing: -? 1974 u Date of Signing: U �... 1974 a Date of Signing: � _ "� - � • 1974 V 27 EXHIBIT A Parcel 1: The southwest quarter of the southeast quarter and the south two-thirds of the west half of the northwest quarter of the southeast quarter of Section 21, Township 5 south, Range 11 west , in the Rancho La Bolsa Chica, City of Huntington Beach, County of Orange , State of California, as per map recorded in Book 51 Page 13 of Miscellaneous Maps , in the office of the County Recorder of said County. Parcel 2 : The east half of the northwest quarter of the southeast quarter and the west half of the northeast quarter of the southeast quarter of Section 21, Township 5 south, Range 11 [Jest , in the Rancho La Bolsa Chica, City of Huntington Beach, County of Orange, State of California, as per map recorded in ,Book 51 Page 13 of Miscellaneous Maps , in the office of the County Recorder of said County. Except the north 447 . 30 feet of the east 427 . 00 feet of said west half. Parcel 3: The northwest quarter of the southeast quarter of the south- east quarter of Section 21, Township 5 south, Range 11 west , in the Rancho La Bolsa Chica, City of Huntington Beach, County of Orange , State of California as per map recorded in Book 51 Page 13 of Miscellaneous Maps , in the office of the County Recorder of said County. Parcel 4 : That portion of Block 4 of Tract No. 86 in the City of Huntington Beach, County of Orange, State of California as per Map recorded in Book 10 Pages 35 and ' 36 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows : Beginning at a point on the north and south quarter section line of Section 21 Township 5 south, Range 11 west , south 00 46 ' 30" east 66.0.74 feet from the center of said section, said point being the southeast corner of the land described in the deed to Cyril B. Bell et ux, recorded November 23, 1946 in Book 1504 Page 195 of Official Records; thence south 899 36 ' 00" west 580. 80 - feet along the southerly line of said land and the westerly prolongation thereof; thence south 0.0 46 ' 30" east 300. 00 feet; thence north 890 36 ' 00" east 580. 80 feet to said north and south quarter section line ; thence north 00 46 ' 30" west 300.00 feet to the point of beginning. Parcel 6: That portion of Block 4 of Tract No. 86 in the City of Huntington Beach, .County of Orange, State of California, as per map recorded in Book 10 Pages 35 and 36 of Miscellaneous Maps, in the office of the County Recorder of said County described as follows: Beginning at the southwest corner of the land described as Parcel 1 in the deed to Edmund J. Newbegin et ux, recorded October 3, 1947 in Book 1567 Page 91 of Official Records; thence north 00 46 ' 30" west 300. 00 feet ; thence south 890 36 ' 00" west 82 .10 feet to the west line of said block; thence south 00 46 '" 30" east 300-00' feet along said west line to the northwest corner of the land described in the deed to Gloria Ampolilla et al, recorded July 30, 1959 in Book 4818 Page 497 of Official Records; thence north 890 36 ' 00" east 82 .10 feet to the point of ,beginning. 2 . Maintenance Area 1 Toro 7-gang Fairway Mowing Unit inc. tractor 1 Ryan Verticutter 1 Jacobsen Riding Greensmower, Triplex 2 Rotary Mowers 1 Wespoint Verticutter 0 ope tve- 1 Wheelbarrow 22 Large Rainbird Quick coupler sprinkler heads 9 Half-size Rainbird quick couplers 12 Rainbird couplers, #707 1 Fairbanks Morse Pump 3 Jacobsen greensmowers 1 50-gang mower reel unit 1 Ryan Sodcutter 1 Mc Lane Edger 1 Roller 1 Chalk marker 10 Metal lockers for storage .of parts 1 Ryan Topdresser Spreader 1 Lawn Beauty Spreader 1 Sweeper 2 Cyclone Spreaders (seed and fertilizer) 1 small set of hand tools 1 Tecumseh Sweeper 1 Posthole digger 1 Timeclock unit Miscellaneous sprinkler parts and valves Miscellaneous hose and plastic pipe sections Assorted rakes, shovels, hoes Assorted bags of fertilizer, lime and other ,supplies 3e LARK ROOM -- Dining Room 2 Burgundy Vinyl Corner Booths , 6 Burgundy Vinyl Wall Booths 8 Walnut Plastic Tables, for 4 2 Walnut Plastic Tables, Round, 5 14 Burgundy. Vinyl Chairs, straight-back 8 Burgundy Vinyl Swivel Chairs 2 Burgundy Vinyl Side chairs 4. Wrought Iron Overhead Light Fixtures 9 Wall-mounted wrought iron light fixtures. 3 Folding Service Racks for trays 1 Stainless Steel Serving Cart w 5 trays 4 Stainless Steel Champagne Servers 1 Formica Service Table 6 Plants, Plastic 2 Booster Chairs LARK ROOM -- Reception Area 3 Burgundy Vinyl Booth Sections 2 Walnut Plastic Cocktail Tables 1 Hostess Station w/Swivel Stool 1 Brass Costumer 1 Public Address System 1 Mounted Reservation Desk 1 Wrought Iron Overhead Fixture w 7 globes LARK ROOM -- Main Bar 1 Two-Section Vinyl Burgundy Booth 2 Walnu Plastic Cocktail Tables 1 18 �~r Horseshoe Bar with Black Vinyl Pad 2 Complete Service -Wells with matching sinks, stainless steel 4 Floor-mounted reach-in refringerators 1 NCR Cash Register 9 Wrought-iron Suspended Light Fixtures, Single Globe 17 Burgundy Vinyl Highback swivel bar stools (1 Broken) 4. Banquet Room and Bar 1 Cigaret Machine 4 Wrought-iron Suspended fight Fixtures 1 Table TV Set, C� Mm%mrr 1 Service Station Bar and Sink 1 Tap Beer Dispenser with 2 spigots 2 Mixers 1 NCR Cash Register 4 Wrought-iron ceiling-mounted light fixtures 1 Two-section Black vinyl wall booth 5 Walnut Plastic Cocktail tables 7 Black vinyl stack chairs 9 Black vinyl bar stools 1 Coke Cooler Box 1 Well with two-mix dispenser 1 Ice Machine (bar) 4 Assorted storage lockers 1 Wall Clock (Coke) 1 Refuse Can 2 Folding wooden door sections 1 Blond spinet piano 1 Ebony spinet piano 5 Ceiling-mounted wrought-iron light fixtures 26 Wrought-iron, candle-type light fixtures, beam-mounted (1 globe missing; 2 broken) 1 Two-section black vinyl wall booth 24 Standard banquet tables 11 Stainless Steel 3-tier rolling carts 1 Ice Machine (Banquet Room) 10 Laminated knotty-pine tables on black pedestal 11 Formica tables, assorted 1 Industrial Vacuum cleaner 1 Time Clock 1 Stepladder (Aluminum) 2 Fire Extinguishers 1 Fire Hose 1 Plaster of Paris Wall Figure 220 Black Vinyl stack chairs 5. LARK ROOM -- Piano Bar and Service Area 16 Black vinyl stack chairs 8 Wrought-iron suspended light fixtures 3 Overhead Lights (Spotlights) 1 Horseshoe-shaped Piano Bar_ w black vinyl pad T -'� 1 Microphone Assembly 4:-E-leeir-r - 1 Amplifier w/attachments - 1 Wooden Service Rack 1 Cigarette Machine 1 Cooler 1 Stainless Steel Warming Unit 1 Formica Service Counter 1 Stainless Steel Warming Unit 1 Built-in Wooden Storage Rack w 5 shelves 1 Service Sink and Storage Rack 2 Refuse Cans 1 Champagne Server 8 Burgundy Vinyl curved wall booths 8 Walnut Plastic tables 4 Wrought-iron partition-mounted light fixtures 6. V Storage Room off Banquet Entrance 1 TPoever ug—ight vaeua���Te ) 6 Standard banquet tables 1 Ember Glow Steam range 4 25 Tan metal folding chairs 3 card tables 2 steel serving tray carts with three shelves 1 black vinyl side chair 1 mop, bucket assembly 2 wrought-iron suspended light fixtures 133 black vinyl and chrome folding chairs Assorted and sundry banquet decorations Coffee shop in main clubhouse building 4 Sectional black vinyl booths, wall mounted 6 Formica tables 1 Formica service counter 12 black vinyl stools 12 black vinyl chairs 4 Overhead light fixtures 3 Stainless Steel storage cabinets 1 Display and Control Counter 1 NCR Cash Register 1 Beer Dispenser w 2-spigots 7e Clubhouse - Kitchen Area 1 Vulcan-Hart Foodwarmer 1 Ice Machine 1 Formica Cabinet and Shelves, Blt-in 1 Farmer Coffee Warmer, 3 Pot 1 Soft Drink Machine 1 Stainless Steel, Floor-Mounted Storage rack w/2 reach-in refrigerators 1 Milk Dispenser, 2-spigot, 1 Floor-mounted Stainless Steel Water Dispenser 1 Starmaster Soup Warmer 1 Toaster - 4 unit 1 Ice Cream Box, 10 wells 1 Hobart Steel Refrigerator, 6 unit 1 Foster Refrigerator, 3-door 1 Stainless Steel Double Sink 1 Hobart Mixer 1 Hobart Slicer 1 Globe Slicer 2 Stainless Steel Storage Tables, Farmer Bros . 1 Stanley Ducette Cooler 1 Blodgett Double Oven 1 Wolf Double Oven 1 Wolf Broiler 1 Stainless Steel Work Table w 2 Drawers 1 Wolf Gas Stove, 4-burner and Oven 1. Star Deep Fryer w 2 baskets 1 Floor Mounted .Steam Tray and Server' s Station with 7 wells 1 Sandwich and Salad Preparation Center with build-in refrigerator units 1 Wolf Gas Stove w/4 burners, large griddle and two ovens 1 Char- Broiler, built-in 1 Tyler Stainless Steel Refrigerator 1 Fire Extinguisher 1 Ansac Exhaust System 2 4-unit Toastmaster Toasters 1 Chopping Block Table & Storage Rack 1 Lectro Dishwashing Unit & complete station 1 Pot Sink, Stainless Steel, 2-well 1 Single Steel Sink 1 Walk-in Freezer 3 Steel Wire Racks 1 Desk and Chair 8 . Golf Shop Building 2 Brass Hatracks for Display 2 Banquet Tables, for Merchandise Display' 2 Shirt Display racks, black tubular w/chrome circle 1 Card Table 7 Overhead light fixtures 12 Double Fluorescent Lights, ceiling mounted 1 Wall Mirror 1 Fire Extinguisher 1 Free-standing wooden cabinet 1 Built-in shoe storage cabinet 1 Workbench w vise 1 Dunlap Grinder 1 Sink 2 Overhead light fixtures 1 Club Storage rack (back shop) 2 Wooden Storage Lockers 2 Metal Storage Lockers 1 blond wooden showcase and counter assembly of 4 sections 1 NCR cash register 2 Walnut plastic coated storage cabinets (office) 1 . Single pedastal desk 1 Double Pedastal desk 3 black vinyl chairs 1 Fluorescent ceiling-mounted light fixture 1 Ohdner Adding Machine 1 Torpedo Portable Typewriter 1 Public Address System 1 Therma Control Electric Fan 1 Carpet Sweeper 1 Wooden Club rack 1 Walnut Formica Book display fixture on pedastal base (rotary) 2 Acushnet putter display racks 1 Wilson club display rack 1 Ultradyne club display rack 9. Men's Locker Room, 1 Fire Extinguisher 86 Worley Steel Lockers, Floor-mounted, Half-size 85 Worley Steel Lockers, Floor-mounted, Full-size 2 Cigaret Machines 12 Double Flourescent Overhead light fixtures 6 trash cans Ladies' Locker Room 26 Worley Steel Lockers, Floor-mounted, full size 1 brown-black fabric sofa 1 brown-black matching sofa chair 1 Walnut, plastic coated coffee table 1 card table 3 assorted chairs 3 stools 4 overhead fluorescent light fixtures 1 GE Wall Clock 2 trash cans 1 Red Star Fire Extinguisher Cart Storage Area Taylor Dunn Electric Carts (owned in fee) 35 Taylor Dunn Electric Carts (Leased.) Golf Course Snack Bar -- 3rd and loth Tee Area 1 Westinghouse Refrigerator 1 two-tap beer box 1 NCR cash register 1 Glenray Hotdog Machine 1 Stainless Steel Double Sink 1 Fire Extinguisher 2 black vinyl side chairs 2 redwood tables with formica tops & 4 matching benches 10. ® P.O. BOX 190 CALIFORNIA 92648 sty ® Huntington Beac ENGINEERING DEPARTMENT September 5, 1975 ,APP�O j'E DB Y CIS, YC oil- Honorable Mayor and City Council City of Huntington Beach clfi �I ti� Attention: David D. Rowlands City Administrator Subject: Heil Avenue CC--297; A.H,F.P-752 Dear Council Members: In connection with the improvements proposed on Heil Avenue along the north frontage of the Meadowlark golf course dedication of an easement for street and public utility purposes is necessary„ Transmitted herewith is a resolution for making said dedication. Very truly yours, E, Hartge Director of ublic Works HEH:RRD:mc Encl. q D33 0 4 r City of Huntington Beach © P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT August 19 , 1975 r !I J 14 j i Honorable Mayor ! �� and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Warner Avenue, CC-341 Dear Council Members: In connection with the improvements proposed on Warner Avenue along the south frontage of the Meadowlark Golf Course, dedication of an easement for street and public utility purposes is necessary. Transmitted herewith is a Resolution for making said dedication. Very truly yours, �E liar tg �Z Director of Public Works HEH:ae Trans. Ula RESOLUTION NO. 4128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DEDICATING AN EASEMENT OVER A PORTION OF WARNER AVENUE FOR STREET AND PUBLIC UTILITY PURPOSES RESOLVED by the City Council of the City of Huntington Beach that . it does hereby dedicate an easement for street and public utility purposes over the following described real property : Beginning at the most southerly southwest corner of Tract No. 4243 , as shown on a map re- corded in Book 162, page 50 of Miscellaneous Maps , records of Orange County, California; thence south 89037 ' 00" west 120 . 00 feet to the true point of beginning; thence continuing south 89° 37 ' 00" west 1322. 93 feet; thence north 0046 , 44" west 60 . 00 feet ; thence north 89037100" east 1322 . 95 feet; thence south 0045' 30" east 60 . 00 feet to the true x point of beginning. BE IT FURTHER RESOLVED that the City Clerk is directed to cause a copy of this resolution to be recorded in the office of the County Recorder, Orange County, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 8th day of September, 1975 • Mayor ATTEST: APPROVED AS TO FORM: a City C erk Ci y Attor y APPROVED AS TO CONTENT: jDPB:ahb City Administrator Q, T". Z E a ' � A N. 89'37'00'E. /322.95' Pod S 89"37'00"IV 1322.93' Sid COR.. .9E.114 SEC. 2!S•// S89°3700'Al NA R E/C /'1 V E ZIE i. 'e d a Rct izn No. 4128 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNT INGTON BEACH ) 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 8th day of September 19 75 by the following vote: AYES: Councilmen: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio .Clerk of the City Council of the City of Huntington Beach, California a 8X 11346 rc936 RESOLUTION NO. 2766 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY AD- MINISTRATOR OR THE ASSISTANT CITY ADMINISTRA- TOR TO ACCEPT AND CONSENT TO DEEDS OR GRANTS OF REAL ESTATE FOR PUBLIC PURPOSES WHEREAS, the City of Huntington Beach from time to time accepts grants and deeds of real property to the city for pub- lic purposes; and Section 27281 of the Government Code of the State of Cali- fornia authorizes the city to authorize an officer to accept and consent to such deeds and grants; and The City Council of the City of Huntington Beach is de- sirous of adopting such a procedure; NOW, THEREFORE, the City Council of Huntington Beach re- solves as follows: That the City Administrator, or the Assistant City Ad- ministrator; is hereby authorized to accept and consent to any deed or grant conveying any interest in or easement upon real estate to the City of Huntington Beach for public purposes as provided under Section 27281 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 3rd day of _—June 1968. e ayo 1 . E� 1 46Ds 9,17 ATTEST: t-,.L uy Clerk APPROVED AS TO FORM: Ks—sistant city Attorney I L i Res. No, < 2766 ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s : B0 1 4 PG 938 CITY OF HUNTINGTON BEACH ) I, PAUL Co JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regulAr meeting thereof held on the day of June _ , 19 , by the following vote: AYES: Councilmen: Shipleyi, Bartlett, McCracken, Kaufman, Matney9 Green , Coen NOES; Councilmen: None ABSENT: Councilmen: None City Clerk and ex,-officio Clerk of the City Council of the City of Huntington Beach, California CORDING REQUESTED BY -f 276 9 CITY 0F, F oui41 NGTON'BFACH` EXEMP /r C 8 RECORDED IN OFFICIAL RECORDS WHEN RECORDED MAIL TO OF ORANGE COUNTY,CALIFORNIA :.. ::.; EXEMPT 9.0 A.M. NOV 12 19 ,5 CI`hY.O� HUNTINGTON BELCH . C 8 Office bf the City Clerk J.WYLIE CMLYLE,County.Recorder P. 0.. Box 100 !Huntington"Beach; Calif. 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT (INDIVIDUAL) 70CUW'AVTJ!WTU$ None (no consideration) .60.'CA IF. EDISON CO. d '9110—NITURE OF DECLARANT OR A M DETERMINING TAX. FIRM NAME CITY OF HUNTINGTON BEACH, a municipal corporation .....................:..................•---------••-•-•----•-.................................._................_.............................---•--.......................-••••.....---.............. ...---•-•......• ...............................................•--•-......--•---...........--•---........... ......----•-•---._.................................--------------------------......., (hereinafter referred to. as "Grantor(K)", hereby, grant(s) to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way,to construct, use, maintain, operate,.alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and' communication systems (hereinafter referred to as "systems"),. consisting of .wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appur- tenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real" property in the County of......................Orange__....... State of California, described as follows: DISTRICT Rerecorded to correct typographical error-- H.B. A strip of land ten (10) feet in.width, lying within the southeast quarter of WORKORDER _ Section 21, Township 5 South, Range 11 West in the Rancho La B61sa Chica, as per, 6733 map recorded in Book 51, page 13 of Miscellaneous Maps, in the office of the 6234 Recorder of said Orange County, the easterly line of said strip being described IDENTITY as follows: " J-6201 MAP s1Z6 Beginning at .the intersection of. the westerly line of the.east one-half '43 89 of said southeast quarter of Section 21 with the centerline of-Wafter Avenue, as now established; thence northerly along said westerly line a distance of 85 .feet. R/W&LAND EXCEPTING THEREFROM that portion lying within said Warner Aviame- DEPARTMENT - RECORDED IN OFFICIAL RECORDS BY OF ORANGE COUNTY,CALIFORNIA E.P." DATE 9:05 A.M. DEC 111975 9/•24/75 �.WVLIE CARLYLE,County derorder Grantor(IEIj agree(s) for R)i bXA$XrX $....it-self), ..its}" heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its con- tractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and"every part thereof. at all times, for the.purpose of exercising the rights herein granted; provided, however, that in making any excavation on ' said property of the Grantor('s), the Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by 'it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is ". practicable. .. day of .:... EXECUTED this :.. ...... , 19 "This document is solely Por the "- :. official business of the City CITY OF HUNTINGTON -------CH of Huntington Beach, as contem— -- -----------------•--- plated under: Government Code _ B7: � :� Ica .61�� Sx1d.shculA k►s. -- ..... ........... STATE OF CALIFORNIA ) sa: @ 555 955 COUNTY OF ORANGE- - ) - On this L I? day of 19 75 , before me, a Notary Public in and'/. for said County and State, personally appeared known to me to be the Mayor and /WUA /!ll. known 'to me to be the City Clerk of the City --- of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within in- strument on. behalf of said municipal corporation and acknowledged"' to me that such municipal corporation executed the same. ®os0000000®0000000000000m000000 OFFICIAL SEAL ® otiea9 CONNIE A. BROCKWAY • NOTA^Y PUBLIC-CALIFORNIA • 01 PRINCIPAL OFFICE IN • 40 09ANGE COUNTY . • 4 • � Cornrissiotr,.ri;�:r.; p��;b,>r 10, 1977 •o�oaoos®oa6.-. ..• �. 0 _ dih00•d•A•A STATL AT OF THE ACTION OF THE CITY CV ,C11, Council Chamtx:r, City Hall ' . Huntington Beach, California Monday, November 3 L 1975 regular In absence of Mayor Gibbs, Councilman Coen called the / meeting of the City Council of the,-City of Huntington Beach to order at 6:00 P.M. Present: Bartlett, Caen, Matney, Shipley Wieder. - (arrived 6:10 P.M.) Duke - (arrived 6:15 P.M.) Gias -(arrived 6:10 P.M.) Absent: None CONSENT CALENDAR -. (ITEMS APPROVED) On motion by Coen, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Wieder, Coen, Mainey, Shipley, Gibbs NOES: None ABSENT: Duke +��t�,a�a�k,,a�*�**tr*t�**�*spar***�**�,a�,*r�*,�*�**�****�,a**a,��►*,a*a��t��t�,rya*�,��*,o-*�,�a�±ta�r��� GRANT gF RASL SWMRN CALIFORNIA EDISON CO - APPROVED v approved 'a.Grant of Basement to Southern California'Edison Company giving the right to. construct under ground electrical facilities on a strip of land in the southeast comer "of. Meadowlark Golf„Course, necessary for undergrounding utilities along Warn®r.Avanue (Underground. Utilities Distiict'No'. 74-1) and suthorize 'the Mayor and City Clerk to ekecute same on behalf of the City., On motion by. Bartlett - the regular meeting of the -city Council of the City of Huntington Beach adjourned at 11:50 P.M. to Monday, November 10,. 1975 at 7:00 P.M. in the. .Council Chamber The motion was passed by the following vote: AYES: Bartlett, Wieder,, Coen, Matney,, Shipley, Duke, .Gibbs NOES: None ABSENT: None AliciA' M: Wentworth City Clerk and 'ex-ofi i.cio Clerk of the City Council of the City . ATTEST: of Huntington Beach, California Alicia -M. Wentworth Norma Brandel Gibbs City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) SS: City of Huntington Beach) I, ALICIA M. WENTWORTH,--the-duly elected and qualified City 'Clerk of the City . of Huntington Beach, California, do.heroLy certify 'that the above and foregoing is a, . true and correct Statement of' Action of the City Council of said City at, theis: regular, meeting held on the 3rd day of November ig 75 , WITNESS my hand and seal of the said City of Huntington Beach this the 4th day 'ot November 1975 i s. Alicia M. Wentworth City Clerk and ex'officio Cl ;�r.k of .the City Council bi the City of Huntington Beach., C. liornia Deputy _- .�® ity ®f "yuntington Beach , o r$ • „t a r'T P.O. BOX 190 CALIFORNIA 92504 OFFICE OF THE CITY CLERK lJ/f January 14, 1976 "� W b Mr. E. Pamleye Southern California Edison Company Right of Way and Land Department P.O. Box 2307 Santa Ana, CA 92707 .Dear Mr. Pamleye: We are enclosing the original Grant of Easement to your company giving the right to construct underground electrical facilities on a strip of land in the southeast corner of .Meadowlark Golf Course, necessary for undergrounding utilities along Warner Avenue (Underground Utilities District No. 74-1) . The delay in. forwarding the recorded copy to you was due to the fact that the document was re-recorded at your request due to a typographical error in the legal description. We are also enclosing a copy of the Council Statement of Action for your information. Sincerely yours, Alicia M. Wentworth City Clerk AMW:cb enc. 9 ���� RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA RECORDING REQUESTED 1 t D ®v% &c w AND MAIL TO M6n. �P iN DEC 16197 t -A EXEMPT' Past C 8J.WYLIE CARLYLE, County lecerder , UMENARY TRANSFER $-71 00, TEXACO INC. ..----7. ............. SIG ED FIRM NAME #172947 SURRENDER AND QUITCLAIM OF OIL AND GAS LEASE TEXACO Inc. , a Delaware corporation, which acquired title as THE TEXAS COMPANY, a Delaware corporation, has heretofore surren- dered, released, relinquished, and forever quitclaimed all rights acquired or held by it under that certain Oil and Gas Lease dated November 20, 1957 executed by CECIL B. HOLLINGSWORTH, et al, as Lessor, and THE TEXAS COMPANY, a Delaware corporation as Lessee, recorded in the office of the County Recorder of Orange County, California, in Book 4179 , at Page 101 of Official Rec- ords, and any and every amendment thereof. This instrument is executed to evidence a surrender and quitclaim heretofore made of said Oil and Gas Lease, by written 4 instrument which was lost or destroyed and to further evidence that TEXACO Inc. claims no right, title or interest in and to said land by virtue of said lease. IN WITNESS WHEREOF, TEXACO Inc. has caused these presents to be executed this 13th day of December, 1974 TEXACO Inc. r r ..);;EMT IS THIS IS TO CERTIFY T.,'.T H'S ,. : •-r.,.._ .. -�:. w„tt _.�... .`�... .- '� Its Attorney act SSf RY C :ii:i[ i :A;, f TITLE O TfiE TO t.G.`.: L. Attest ` _...... TO f'ROFERTY ACWUIRL BY ASSi taut Secret THc 5 Ily. By .... ...•: . ..._-.......... . q� .......... FORM po.206C 2M 9.63 BK STATE OF CALIFORNIA, COUNTY OF LOS ANGELE in the year .................... ON THIS.... ..............day of_......... Esther V. Bozanich a Notary Public in and for ......................................................................—"71....... beforeme. ....................................... .......*"-**, the said County and Stale, residing therein, duly commissioned and sworn, personally appeared_______________________ W. C. LENZ ................................................................................................................... ........................................................................................................ the.within instrument on behalf of TEXACO Inc., a Delaware corporation, known to me to I be the person who executed -hi-Fact of said 9 is subscribed to the within instrument as the Attorney the corporation therein named, and whose name as principal, and his corporation, and acknowledged to me that he subscribed the name of said corporation thereto' own name. as.Attorney-in-Fact, and acknowledged to me that such corporation executed the same. hand and affixed my official seal the day and year in this IN WITNESS WHEREOF, I have here I unto set MY certificate first above written. 0\ Y I CiAL S�--.At- .......... OFFI 7A .. . .. . ...................... ......... .nty and State V. sl,T Notary Public in and for E,-07X!FR N CO'- - M Commission Expires September 1, 1978 y :G:;RtDING REQUESTED BY ( �A Q _ I4 ` ANO W"nw Ilacoaas0 MAIL To �. RECORDED AT REQUEST OF EXEMPT TITLE INS. & TRUST CO. I The City of Huntington Bead C 1 IN OFFICIAL RECORDS OF Nerve P. 0. Box 190 ORANGF N" N"r.'f. ! LIF. Huntington Beach, Ca. 92648 8:OOAM . FB 261975 City`1 J.WYLIE CARLYLLE,County Recorderpeta data �Attn: William S. Amsbary _.... De put C SPACE ABOVE THIS L.IPIE FOR RECORDER'S USE .AIL TA% eYAT$AOgMTe Te WCUMENTARY 'TRANSFER TAX ; F'F'=$..,e pt a �` Mena as Eb®fie ...........COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, Street �Ys :.. .. ""..OR COMPUTED ON FULL VALUE LESS' LIENS AND Address ENCU SRANCES REMAINING AT TIME OF SALE. cl� s. ( kl � SURANCE r�NII TRUST COMPAAFFix LR.S.&.............. nt or Agent determining tax. Firm Name Grant Deed TO 403 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY GOPHER .J . SIMS' and HELEN (� FOR A VALUABLE CONSIIDERATION, receipt of which is hereby acknowledged,/M. SIMS3 his rife,, � . ROLAND W. SIMS, and . EDITH C . SIMS , his wife , , CECIL B. HOLLINGSWORTH, a married man, 'dERN N. , HOLLINGSWORTH and GRETCHEN HOLLINGSWORTH9 his wife, JERALD C. HOLLINGSWORTH and JUDITH HOLLINGSWORTH, his wife, C. A. PINNEY �. Mm eAV20s JR. , Trustee for Kimberly Hollingsworth, C . A. PINNEY, JR. Trustee for Scott Hollingsworth, and C . A. PINNEY, JR. Trustee for I� Christopher B. .Hollingsworth, hereby Grant to THE CITY OF HUNTINGTON BEACH, a Municipal Corporation, the following described real property in the City of Huntington Beach, County of Orange , State of California: Legally described in Exhibit "Bit attached .hereto and made a part hereof. 7 t i � t I Dated February 19, 1975. SEE EXHIBIT "A" ATTACHED HERETO FOR SIGNATURE OF GRANTORS 1 4 - t pBiH, I ' 1 1 { i td S { MAIL TAX STAT0426476 AS DIRECTED Escrow No. 548694 DS YR 1345,1C 932 EXHIBIT "All GRANTORS Sims FrM'an El ms Helen M Sims Valt7-=. :Lms 0 1 - w ec n g�. re—r—n 7. I o ingsw 0-^r t h ire tclien H. liollingsworth J e, .a d lfollingVworth tiollinaswo -c- --4V�--Pinn Jr tastes or Trustee or K 1 m-b7e'r I y Hollinasworth Christopher B. Hollingsworth —ru s—te e-7-0T Scot- -t Iollingsworth I s EXHIBIT "B" 933 PARCEL 1 : THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH TWO- THIRDS OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF, SECTION 21, TOWNSHIP 5. SOUTH RANGE 11 WEST., IN THE RANCHO LA BOLSA CHICAO CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS., IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS... HYDROCARBONS AND MINERALS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT HOWEVER,, THE RIGHT TO ENTER THE SURFACE OF SAID LAND OR THE SUB® SURFACE THEREOF LYING ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE TO EXPLORE, MINE OR ,DEVELOP THE SAME, EXCEPT AS HEREINAFTER PROVIDED. PARCEL 2: THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP .5 SOUTH.- RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICAO CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN ,BOOK '51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 447630 FEET OF THE EAST 427 .00 FEET OF SAID WEST HALF. ALSO EXCEPTING THEREFROM ALL OIL,, GAS.. HYDROCARBON'S AND MINERALS" LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT HOWEVER,, THE RIGHT TO ENTER THE SURFACE OFSAID .LAND OR THE SUB- SURFACE THEREOF LYING ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE TO EXPLORE, MINE OR DEVELOP THE SAME, EXCEPT AS HEREINAFTER PROVIDED. .PARCEL 3 : THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 210 TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICAO CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL .OIL, GAS, HYDROCARBONS AND MINERALS LYING BELOW A DEPTH, OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT HOWEVER, THE RIGHT TO ENTER THE SURFACE OF SAID LAND OR THE SUB- SURFACE THEREOF LYING ABOVE A. DEPTH OF 500 FEET BELOW THE SURFACE TO EXPLORE, MINE OR DEVELOP THE SAME, EXCEPT AS HEREINAFTER PROVIDED. PARCEL 4: THAT PORTION OF BLOCK, 4 OF TRACT NO. 86; IN THE CITY OF HUNTINGTON BEACH , COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 35 AND 36 OF MISCELLANEOUS MAPS., IN THE OFF-ICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED- AS I FOLLOWS : " BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER SECT'ION LINE OF SECTION 21 TOWNSHIP 5 SOUTH, RANGE 11 WEST, SOUTH 00 461 3011 EAST 660 .74 FEET FROM THE CENTER LINE OF SAID SECTION, SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO CYRIL B. BELL ET UXp RECORDED NOVEMB I ER 23, 1946 IN BOOK 1504 PAGE 195 OF OFFICIAL RECORDS; THENCE SOUTH 891 36 ' 00" WEST 580. 80 FEET ALONG THE SOUTHERLY LINE OF SAID LAND AND THE WESTERLY PROLONGATION THEREOF; THENCE SOUTH 00 461 3011 EAST 300 . 00 FEET; THENCE NORTH 890 361 00" EAST 580 .80 FEET TO SAID NORTH AND SOUTH QUARTER SECTION LINE, THENCE NORTH 00' 461 30". WEST 300. 00 FEET TO THE POINT .OF BEGINNING. EXCEPTING THEREFROM ALL OIL, GAS, HYDROCARBONS AND MINERALS LYING BELOW A DEPTH OF 500 . FEET FROM THE SURFACE THEREOF, WITHOUT HOWEVER, THE RIGHT TO ENTER THE SURFACE OF SAID LAND OR THE SUB- SURFACE THEREOF LYING ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE TO EXPLORE, MINE OR DEVELOP THE SAME, EXCEPT AS HEREINAFTER PROVIDED. PARCEL 5: THAT PORTION OF BLOCK 4 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO EDMUND J.. NEWBEGIN ET UX, RECORDED OCTOBER 3, 1947 IN BOOK 1567 PAGE 91 OF OFFICIAL RECORDS; THENCE NORTH 0® 46' 30" WEST 300.00 FEET; THENCE SOUTH 890 361 0081 WEST 82. 10 FEET TO THE WEST LINE OF SAID BLOCK; THENCE SOUTH 00 461 30" EAST 300 . 00 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO GLORIA AMPOLILLA ET AL, RECORDED JULY 30, 1959 IN BOOK 4818 PAGE 497 OF OFFICIAL RECORDS;. THENCE NORTH 890 36 ' 00" EAST 82. 10 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, GAS, HYDROCARBONS AND MINERALS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT HOWEVER, THE RIGHT, TO ENTER THE SURFACE OF SAID LAND OR THE SUB- SURFACE THEREOF LYING ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE TO EXPLORE, MINE OR DEVELOP THE SAME, EXCEPT AS HEREINAFTER PROVIDED. RESERVING THEREFROM AN EASEMENT FOR DRILL SITE PURPOSES OVER THAT PORTION OF PARCEL 1 DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GRAHAM STREET AND WARNER AVENUE AS SAID STREET AND AVENUE ARE SHOWN ON THE MAP OF TRACT 4243 AS PER MAP RECORDED IN BOOK 162 PAGES 49 AND 50 OF MISCELLANEOUS MAPS OF SAID ORANGE COUNTY, THENCE NORTH 00 462 4411 WEST ALONG THE CENTER LINE OF SAID GRAHAM STREET, 1,,010. 00 FEET; THENCE NORTH 890 131 16" EAST 755. 00 FEET TO THE TRUE POINT OF BEGINNING;. THENCE NORTH 100 341 2941 EAST 90.00 FEET; THENCE NORTH 370 25' 16" EAST 540. 00 FEET; THENCE SOUTH 720 241 .5811 EAST 150. 00 FEET; THENCE SOUTH 140 58' 15" WEST 565. 00 FEET; THENCE NORTH 770 461 4441 WEST 350.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO RESERVING FROM SAID PARCEL 1 AN EASEMENT FOR INGRESS AND EGRESS TO AND FROM THE DRILL SITE ABOVE REFERRED TO, OVER THE EXISTING 30 FOOT ROADWAY ALONG THE EASTERLY PORTION OF SAID SOUTH- WEST QUARTER OF THE SOUTHEAST QUARTER. f 1 3 D E E D A C C E P T A N C E This is to certify that the interest in real property conveyed by the deed dated February 19 , 1975 from GOMER J. SIMS., HELEN M. SIMS, ROLAND W. SIMS, CECIL B. HOLLINGSWORTH, VERN N. HOLLINGSWORTH, GRETCHEN HOLLINGSWORTH, JERALD C . HOLLINGSWORTH, JUDITH HOLLINGSWORTH, and C. A. PINNEY, JR. as Trustee for SCOTT HOLLINGSWORTH, KIMBERLY HOLLINGSWORTH and CHRISTOPHER B. HOLLINGSWORTH to the CITY OF HUNTINGTON BEACH., a political corporation and/or governmental agency is hereby accepted by order of the City Council of the City of Huntington Beach by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No . 2766 adopted on, June 3, 1968, and the grantee consents to recordation thereof by its duly authorized officer. DATED :, February 21, 1975 CITY OF HUNTINGTON BEACH, a municipal corporation DAVID ROWLANDS City Administrator ATTEST: Alicia M. Wentworth Alicia M. Wentworth City Clerk By: CAMMdu Connie A. Br6ckwayr Deputy Wity Clerk TO 77(4-73 NOTICE OF RETURNED DOCUMENTS +F'3 TITLE INSURANCE . AND TRUST P. 0. Box 88 , Santa Ana, California 92711 City of Huntington Beach " P. 0. Box 190 Huntington Beach, California u Our No. 548694 DSG Attention William S. Amsbary Your N® Sims-Hollingsworth Deputy City Attorney r (Meadowlark Countr4 Date 3/6/75 We are sending you the items checked below: ❑ Receipted tax bill which has served our purpose. ❑ Copy of covenants, conditions and restrictions ordered by you. ov Or Escrow Instructions dated 4- ❑ Preliminary Title Report dated as of ,a► ® s ❑ Recorded instrument which you seat to us for examination. ��►� �c r ❑ Plat to-be used with the order number shown above. SFr a ® Policy of Title Insurance per your instructions. , in duplicate. ) Dianne Sheridan, Escrow ®iR5Fkp Officer Orange County ATICOR COMPANY . AMD- TITI. ;INSURANCE Policy Of Tft,Irlaularm , A11COR COMPANY " SUBJECT O SCHEDULE WAND HE CONDITIONS AND STIPULATIONS HEREOF,TITLE INSURANCE AND TRUST COMPAI�4 a,Californ)a.corporation,herein called the Company;insures the insured,as of Late of Policy shoIw,Win`Schedole A;'against'foss or damage,not exceeding the amount of insurance stated in Schedule-A;and'costs, attorneys'flees and expenses�nr}iich the Company may become obligated to pay hereunder,sustained;or.incuered by said insurer by'�reason of,,',:' " 1. ,.Title to,the estate.or'iriterest described in Schedule A being vested other than as stated therein; 2. Any de#ect in or lien,or encumbrance on such title; 3. Unmarketability.of such title; or 4., Any lack of the ordinaeyYright.of an abutting owner for access to at least one physically open street or highway if the land, in•fact,abuts upon"one or more such streets or highways; and in addition,,as to an insured,lender only; 5. Invalidity of.the lien of the insured mortgage upon said estate or interest except to the extent that such inyafi dity,.or claim thereof,arises.out of the transaction evidenced by the insured mortgage and is based upon. a. usury,or b. any consumer credit protection or truth in lending law, 6. Priority of any lien or encumbrance over the lien of the insured mortgage,said mortgage being shownjh Schedule Bin the order of its"priority;,or 7. Invalidity of any assignment of the insured mortgage,provided such assignment is shown in Schedule B. T`stile Insurance a ',Trust Cd~+ y TiMP® by Q- �.?resident Cj i975X M A�? � � Attest Secretary TO 1012(12-73)California Lend Title Association Standard Coverage Policy-1973