HomeMy WebLinkAboutSOUTHERN PACIFIC TRANSPORTATION COMPANY - 1990-09-19 (2) 1 ecor4i ng requested by & return t_ o: HtUVRDED IN OFFICIAL RECORDS
Office of the City Cl OF ORANGE COUNTY,CALIFORNIA
r ' City of Huntington Be �P gD•= �, J5% 2 2:30
2000 Main Street P.M. SEP 121990
Huntington Beach, CA 92648
AGREEMENT FOR DEED OF GIFT
BETWEEN THE CITY OF HUNTINGTON BEACH ANDL a' M�c,RECORDER
SOUTHERN PACIFIC TRANSPORTATION COMPANY
CONCERNING MAIN-PIER REDEVELOPMENT
This agreement is entered into this / �Ti day of r , /
1990, by and between the SOUTHERN PACIFIC TRANSPORTATION
COMPANY, hereinafter called "OWNER, " and the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter called "CITY. "
WITNESSETH
WHEREAS, there is presently pending in the Superior Court,
County of Orange, an eminent domain action filed by THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ("AGENCY")
(Case No. 49 87 13) seeking to acquire from OWNER certain real
property generally located southeast of the Huntington Beach
Pier and seaward of the Pacific Coast Highway to be used in
connection with redevelopment of the downtown area. Said
eminent domain action is filed in the Superior Court, County of
Orange, entitled Redevelopment Agency of the City of Huntington
Beach v. Huntington Beach Company, et al . , and;
WHEREAS, SOUTHERN PACIFIC TRANSPORTATION COMPANY is the
successor in interest to Pacific Electric Railway Company, a
corporation, Pacific Electric Land Company, a corporation, and
the Los Angeles Inter-Urban Railway Company, a corporation; and
WHEREAS, the real property which AGENCY and CITY seek to
acquire from OWNER in said eminent domain action is more
particularly described in Exhibit "A" attached hereto and made a
part hereof, and is sometimes hereafter called the "PROPERTY, "
and; This document is solely for the
official business of the City '
-1- of Huntinc"'ton Conch, as contem-
plated unfJ : Go e_nment Code
Sec. 6103 and should be recorded
free of eharize.
i
i t
WHEREAS, the parties desire to resolve disputes as herein
provided whereby OWNER will donate and convey such property to
CITY, and;
WHEREAS, the parties are desirous of terminating the pending
action against OWNER hereinabove mentioned without further
litigation,
NOW, THEREFORE, the parties hereto agree as follows :
1. Covenants
All parties intend that the provisions of this
agreement shall constitute the covenants between them, and the
burdens and benefits thereof shall bind and inure to all
successors in interest of the parties thereto, including CITY
and AGENCY.
2. Authority
Each party hereto represents to the other that it has
full and complete authority to enter into this agreement,
including the authority of CITY to bind AGENCY, and that each
party hereto considers this agreement to be fair, reasonable and
advantageous to each, and that the agreement was prompted by the
necessities of the litigation, and this agreement shall be
binding regardless of the fact that the rights and obligations
may be dealt with by successor legislative bodies of CITY and
AGENCY.
3 . Valuation
For purposes of the settlement Agreement, the parties
stipulate and agree that the easement conveyed to the City of
Huntington Beach by the Huntington Beach Company, a
-2-
corporation, Standard Oil of California, a corporation, Pacific
Electric Railway Company, a corporation, and Pacific Electric
Land Company, a corporation, for public, recreational, park and
playground purposes and other uses appurtenant thereto, by deed
recorded February 15, 1932, at Book 532, page 437, instrument
No. 3839 , Orange County Recorder, is terminated as to the
property described in Exhibit A.
The parties further stipulate and agree that the value of
said property may be determined by its fair market value.
Southern Pacific shall obtain an independent appraisal of the
value of such property.
4 . Dismissal
Within ten (10) days after the execution of this
Agreement, CITY will cause AGENCY to file with the Court an
executed dismissal, with prejudice, in the above-mentioned
eminent domain action, and serve a conformed copy thereof on
counsel for the Southern Pacific Transportation Company. Each
party shall bear its own costs and seek no reimbursement from
the other.
5 . California Law and Attorneys ' Fees
This agreement shall be construed in accordance with
the laws of the State of California . Should legal action be
brought by either party for breach of this agreement, or to
-3-
enforce any covenants and other provisions herein, the
prevailing party of such action shall be entitled to reasonable
attorney fees and all costs, including, but not limited to,
court costs .
6. Legal Challenge
In the event of any legal action instituted by any
third party, or other governmental entity or official,
challenging the validity of any of the provisions of this
agreement, the parties agree to cooperate in defending said
action.
7 . Public Interest
CITY and AGENCY have found and determined that
execution of this agreement is in the best interest of the
public health, safety and general welfare, and the provisions of
this agreement are consistent with existing ordinances of the
CITY.
8 . Amendment
This agreement may only be amended by mutual written
consent of the parties.
9 . Duplicate Originals
This agreement is executed in duplicate originals, each
of which is deemed to be an original .
10 . Title
OWNER shall deliver all its rights, title, and interest
in the surface and subsurface to a depth of 500 feet of the
property described on Exhibit A.
-4-
STATE OF CALIFORNIA )
, I COUNTY OF ORANGE )
i On O�� 02Q• , 1990, before me, a Notary Public of the State of
. , Califo ia, personally appeared . ,- known -to rn --to
4 e_City of Huntington Beaeh-
a untington-Beach, and- Connie Brockway, known
to me to be the Clerk of the Redevelopment-Agency-of the-City---of Huntington
Beach and the City Clerk of the City of Huntington Beach and known to me to be
the persons who executed the within instrument on behalf of said public
agencies and acknowledged to me that such public agencies executed the same,
rilifil
OFFICIAL SEAL, `Jd )
.,,; s MAYBRICE L ETCHESON
W •m.^• ��" NOTARY PUBLIC - CALIFORNIA
•
°fit l ORANGE COUNTY
`��,ro.' My comm. expires MAY 11, 1993
i,
_as_a as a o�cs-.=--c�--�
r STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
On this p�
/ �� day of ��- 19 / O , before me,
a Notes Public -in and for said CountyAnd State, personally appeared
3-1,1 antAS J. hl.k-}/S , known to me to be the Mayor
of the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
`-"4- within instrument on behalf of said municipal corp
oration and acknowledged
to me that such municipal corporation executed the same.
OFFICIAL SEAL
LII
BETE B ARLiAOTARY PUBLIC-CALIFONIA COUNTY
<1y c^ORANGE expires 17W1 21, 1994
. STATE OF CALIFORNIA } ss.
City and County of San Francisco
V On this Zo TH day of A P/f/L in the year One Thousand Nine Hundred and Ninety ,-
• uefore me,ROBERT E.JOHNSON,a Notary Public in and for the City and County of San Francisco,State of California,personally appeared
,
iv. 4 cuRTis
known to me(or proved to me on the basis of satisfactory evidence)to be the /7 I//C. et
)� -�„, OFFICIAL SEAL of the corporation described in and that executed the within instrument,and also known to me
�v.���,��' ROBERT E.JOHNSONi • to be the person who executed it on behalf of the corporation therein named and
Eat NOTARY PIBIIC-CAL�ORNN he acknowledged to me that such corporation executed the same.
47iw;?., O11 t COUIM(ISM FMNOSCo
My Comm.Expires Jan.22,1993 IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at my office in the City
and County of San Francisco,the day and year in this certificate first above written.
Corporation
1 Notary Public in and for the C } and County of San Francisco,State of California.
`My commission Expires January 22, 1993
HHH 1 '.7.1 ' b4i 1U : 4b FKVI'1 L H LHW/LLH1Mb F'HCat . UU
•
OWNER agrees to execute and delivery to AGENCY
concurrently with the execution of this Agreement, a quitclaim
4
deed in the form of Exhibit "B" hereto and incorporated herein
by reference.
This conveyance will be a donation and transfer to be
made without cost to CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized
officers on the day, month, and year first above written.
SOUTHERN PACIFIC TRANSPORTATION CITY OF HUNTINGTON BEACH
COMPANY
• By
Its Vice President Mayor 15
a
Y
ATTEST: APPROVED AS TO FORM:
6.4F,Vv-27 arkhoiVi) 4/ 11(,re-„_
yo City Clerk City Attorney ,n C ('
0 �G .�
REVIEWED AND APPROVED:
City Ad istrator
-5-
LEGAL DESCRIPTION
That portion of Huntington Beach, County of Orange, State of
California, as shown on a map recorded in Book 3, Page 36, of
Miscellaneous Maps in the office of the County Recorder of said
County, described as follows :
PARCEL A:
Beginning at the centerline intersection of Pacific Coast
Highway and Lake Street, shown as Ocean Avenue and First Street
respectively, on said mentioned map; thence along the centerline
of Pacific Coast Highway south 48°21 '42" east 37. 50 feet to the
intersection with the southwesterly extension of the southeast
right-of-way line of Lake Street; thence south 41038 ' 18" west
50 . 00 feet to the true point of beginning; thence north
48°21 '42" west 1, 020 . 00 feet; thence south 41°38 ' 18" west 200 . 00
feet; thence south 48°21'42" east 1020 . 00 feet; thence north
41038 ' 18" east 200 . 00 feet to the true point of beginning.
PARCEL B:
Beginning at the centerline intersection of Pacific Coast
Highway and Lake Street, shown as Ocean Avenue and First Street
respectively, on said mentioned map; thence along the centerline
of Pacific Coast Highway south 48°21'42" east 37. 50 feet to the
intersection with the southwesterly extension of the southeast
right-of-way line of Lake Street; thence south 41°38 ' 18" west
50 . 00 feet; thence north 48°21 '42" west 1, 020 . 00 feet; thence
south 41°38 ' 18" west 200 . 00 feet to the true point of beginning;
thence south 41°38 ' 18" west 250 . 00 feet; thence south 48°21 '42"
east 175 . 00 feet; thence north 41°38 ' 18" east 250 feet; thence
north 48°21 '42" west 175 . 00 feet to the true point of beginning.
RECORDING REQUESTED BY:
CITY OF HUNTINGTON BEACH -
WHEN RECORDED MAIL TO:
OFFICE OF THE CITY CLERK
2000 Main Street
Huntington Beach, California 92648
(This space for recorder ' s use)
CORPORATION OUITCLAIM DEED
SOUTHERN PACIFIC TRANSPORTATION COMPANY (hereinafter
"Southern Pacific") a corporation, hereby REMISES, RELEASES, AND
QUITCLAIMS to the CITY OF HUNTINGTON BEACH, a California-
municipal corporation, the following described real property:
That portion of Huntington Beach, County of
Orange, State of California, as shown on a map
recorded in Book 3 , Page 36, of Miscellaneous Maps
in the office of the County Recorder of said
County, described as follows :
PARCEL A:
Beginning at the centerline intersection of
Pacific Coast Highway and Lake Street, shown as
Ocean Avenue and First Street respectively, on
said mentioned map; thence along the centerline of
Pacific Coast Highway south 48°21'42" east 37.50
feet to the intersection with the southwesterly
extension of the southeast right-of-way line of
Lake Street;• thence south 41°38 ' 18" west 50.00
feet to the true point of beginning; thence north
48°21 '42" west 1, 020. 00 feet; thence south
41°38 ' 18" west 200 . 00 feet; thence south 48°21'42"
east 1020 . 00 feet; thence north 41038 ' 18" east
200 . 00 feet to the true point of beginning.
PARCEL B:
Beginning at the centerline intersection of
Pacific Coast Highway and Lake Street, shown as
Ocean Avenue and First Street respectively, on
said mentioned map; thence along the centerline of
Pacific Coast Highway south 48°21'42" east 37. 50
feet to the intersection with the southwesterly
extension of the southeast right-of-way line of
Lake Street; thence south 41038 ' 18" west 50. 00
feet; thence north 48°21 '42" west 1, 020 . 00 feet;.
�/`�Ijuic.i. -1- (48 ��
thence south 41°38 ' 18" west 200 .00 feet to the
true point of beginning; thence south 41038 ' 18"
west 250 . 00 feet; thence south 48°21'42" east
175 .00 feet; thence north 41°38 ' 18" east 250 feet;
thence north 48°21 '42" west 175 . 00 feet to the
true point of beginning.
Southern Pacific expressly quitclaims all rights to
surface use of the property and all rights of surface entry.
Nothing hereinabove or hereinafter set forth in this Quitclaim
Deed shall be deemed to reserve to Southern Pacific,
its successors and assigns, and interest in the surface or in
any portion of said real property lying within five hundred
(500) feet measured vertically downward from the surface of said
real property.
EXCEPTING AND RESERVING TO SOUTHERN PACIFIC, its
successors and assigns, from that portion (hereinafter called
the "sub-500 portion") of said real property lying below a depth
of five hundred (500) feet beneath the surface thereof, a,ll oil,
gas, asphaltum and other hydrocarbons and all other fissionable
materials within or that may be produced or extracted or taken
from the sub-500 portion of said real property, which said oil,
gas, asphaltum, hydrocarbons and materials shall be hereinafter
collectively called the "sub-500 minerals, " and
FURTHER AND EXCEPTING AND RESERVING to Southern Pacific,
its successors and assigns, from the sub-500 portion of said
real property following:
A. The sole and exclusive right from time to time to
locate and maintain subsurface portions of oil and gas wells in
the sub-500 portion of said, real property. and the right to drill
for, produce, extract and take the sub-500 minerals from the
sub-500 portion of said real property and the right to exercise
all of the rights and privileges necessary for such drilling,
producing, extracting and taking; and
B. The sole and exclusive right to use the sub-500
portion of said real property to conduct operations from time to
time by methods now known or unknown while, in the opinion of
Southern Pacific, are reasonably designed to benefit or
facilitate the drilling for or production, extraction or taking
of the sub-500 minerals from the sub-500 portion of said real
property or any minerals from lands other than said real
property (hereinafter called the "other lands" ) , together with
the right to drill a well or wells or use any existing wells in,
into or through the sub-500 portion of said real property, for
the purpose of injecting into the sub-500 portion of said real
property or into other lands , oil gas, air, water or other
liquid or gaseous substances, including the right, from time to
time to ignite or otherwise activate any or all of such.
substances so injected or any or all of the sub-500 minerals
within the sub-500 portion of said real property or any minerals
from other lands; and
-2-
' T
C. The sole and exclusive right from time to time to
drill into and through the sub-500 portion of said real property
from other lands by means of a well or wells drilled from the
surface or other lands, together with the sole and exclusive
right to repair, redrill, deepen, maintain, rework and operate
such wells and produce any minerals from other lands by means of
such well, or wells, through the sub-500 portion of said real
property; and
D. The sole and exclusive right from time to time to
locate, operate and maintain subsurface portions of wells in,
into or through the sub-500 portion of said real property and
the right from time to time, to inject, store, pressurize and
remove the sub-500 minerals or any minerals from other lands for
the purpose of storing the same in the sub-500 portion of said
real property or in other lands .
The above described rights excepted and reserved to
Southern Pacific, its successors and assigns, shall not be
limited to, or by, the first or any subsequent exercise thereof.
FURTHER EXCEPTING AND RESERVING all water rights of or
related to or appurtenant to said real property including, but
not limited to, all right to percolating waters, artesian
waters and underground streams, but excluding the right of
surface entry.
This corporation quitclaim deed shall not affect, and
Southern Pacific further excepts and reserves, the right to
receive any sums, including rental, royalties or other payments,
due or to become due under or by virtue of any lease (including
without limitation any oil and gas lease) or agreement affecting
the sub-500 portion of said real property,
IN WITNESS WHEREOF., said corporation has caused its
corporate name and seal to be affixed hereto and this instrument
to be executed by its duly authorized officer(s) .
DATED: , 1990
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
By
By
Approved as to Form
GAIL HUTTON, City Attorney
By
-3-
OWNER agrees to execute and delivery to AGENCY
concurrently with the execution of this Agreement, a quitclaim
deed in the form of Exhibit "B" hereto and incorporated herein
by reference.
This conveyance will be a donation and transfer to be
made without cost to CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized
officers on the day, month, and year first above written.
SOUTHERN PACIFIC TRANSPORTATION CITY OF HUNTINGTON BEACH
COMPANY
N.k"r"se-rcib
By
Mayor
By
ATTEST: APPROVED AS TO FORM:
4WelP14;:i 4049CAIr4"4:72
h Ae Le 4r-4--
City Clerk )booe #- City Attorney4 7
REVIEWED AND APPROVED:
City Administrator
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2ecorc7,i ng requested by & return t
q Office of the City Cleo,
City of funtingtty Beac�'� RECORDED IN OFFICIAL RECORDS
EXEMPT A++a_ OF ORANGECOUNTY,CALIFORNIA
2000 Main Street C10 9O-4li'-r"a52
Huntington Beach, CA 92648 230
AGREEMENT FOR DEED OF GIFT P.M. SEP 121990
Q 'ETWEEN THE CITY OF HUNTINGTON BEACH AND
G a\ SOUTHERN PACIFIC TRANSPORTATION COMPANY
M,NO�t���t. CONCERNING MAIN-PIER REDEVELOPMENT 4 Q. 7 t RECORDER
0 GO paCea This agreement is entered into this / 9��1 dayof
Cr
Cr • ��'t
1990, by and between the SOUTHERN PACIFIC TRANSPORTATION
COMPANY, hereinafter called "OWNER, " and the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter called "CITY. "
WITNESSETH
WHEREAS, there is presently pending in the Superior Court,
County of Orange, an eminent domain action filed by THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ( "AGENCY" )
(Case No . 49 87 13) seeking to acquire from OWNER certain real
property generally located southeast of the Huntington Beach
Pier and seaward of the Pacific Coast Highway to be used in
connection with redevelopment of the downtown area . Said
eminent domain action is filed in the Superior Court, County of
Orange, entitled Redevelopment Agency of the City of Huntington
Beach v. Huntington Beach Company, et al . , and;
WHEREAS, SOUTHERN PACIFIC TRANSPORTATION COMPANY is the
successor in interest to Pacific Electric Railway Company, a
corporation, Pacific Electric Land Company, a corporation, and
the Los Angeles Inter-Urban Railway Company, a corporation; and
WHEREAS, the real property which AGENCY and CITY seek to
acquire from OWNER in said eminent domain action is more
particularly described in Exhibit "A" attached hereto and made a
part hereof, and is sometimes hereafter called the "PROPERTY, "-
and; This document is solely for tt
official business of the City
—1— of Huntinr•t _ ;ch; as contem—
plated is ,, ,,_, ,:ernment Code
Sec. 6103 and should be recorded
free of e}iarna_
WHEREAS, the parties desire to resolve disputes as herein
provided whereby OWNER will donate and convey such property to
CITY, and;
WHEREAS, the parties are desirous of terminating the pending
action against OWNER hereinabove mentioned without further
litigation,
NOW, THEREFORE, the parties hereto agree as follows :
1 . Covenants
All parties intend that the provisions of this
agreement shall constitute the covenants between them, and the
burdens and benefits thereof shall bind and inure to all
successors in interest of the parties thereto, including CITY
and AGENCY.
2 . Authority
Each party hereto represents to the other that it has
full and complete authority to enter into this agreement,
including the authority of CITY to bind AGENCY, and that each
party hereto considers this agreement to be fair, reasonable and
advantageous to each, and that the agreement was prompted by the
necessities of the litigation, and this agreement shall be
binding regardless of the fact that the rights and obligations
may be dealt with by successor legislative bodies of CITY and
AGENCY.
3 . Valuation
For purposes of the settlement Agreement, the parties
stipulate and agree that the easement conveyed to the City of
Huntington Beach by the Huntington Beach Company, a
-2-
corporation, Standard Oil of California, a corporation, Pacific
Electric Railway Company, a corporation, and Pacific Electric
Land Company, a corporation, for public, recreational, park and
playground purposes and other uses appurtenant thereto, by deed
recorded February 15 , 1932, at Book 532 , page 437, instrument
No . 3839 , Orange County Recorder, is terminated as to the
property described in Exhibit A.
The parties further stipulate and agree that the value of
said property may be determined by its fair market value.
Southern Pacific shall obtain an independent appraisal of the
value of such property.
4 . Dismissal
Within ten (10) days after the execution of this
Agreement, CITY will cause AGENCY to file with the Court an
executed dismissal, with prejudice, in the above-mentioned
eminent domain action, and serve a conformed copy thereof on
counsel for the Southern Pacific Transportation Company. Each
party shall bear its own costs and seek no reimbursement from
the other .
5 . California Law and Attorneys ' Fees
This agreement shall be construed in accordance with
the laws of the State of California . Should legal action be
brought by either party for breach of this agreement, or to
-3-
•
enforce any covenants and other provisions herein, the
prevailing party of such action shall be entitled to reasonable
attorney fees and all costs , including, but not limited to,
court costs .
6 . Legal Challenge
In the event of any legal action instituted by any
third party, or other governmental entity or official,
challenging the validity of any of the provisions of this
agreement, the parties agree to cooperate in defending said
action.
7 . Public Interest
CITY and AGENCY have found and determined that
execution of this agreement is in the best interest of the
public health, safety and general welfare, and the provisions of
this agreement are consistent with existing ordinances of the
CITY.
8 . Amendment
This agreement may only be amended by mutual written
consent of the parties .
9 . Duplicate Originals
This agreement is executed in duplicate originals , each
of which is deemed to be an original .
10 . Title
OWNER shall deliver all its rights, title, and interest
in the surface and subsurface to a depth of 500 feet of the
property described on Exhibit A.
-4-
. ..s L . - • i ivi �. n _nw �.�.n 1 I'IJ t'AiE . CC7
OWNER agrees to execute and delivery to AGENCY
concurrently with the execution of this Agreement, a quitclaim
deed in the form of Exhibit "B" hereto and incorporated herein
by reference.
)1 .
This conveyance will be a donation and transfer to be
made without cost to CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized
officers on the day, month, and year first above written.
1
f SOUTHERN PACIFIC TRANSPORTATION CITY OF HUNTINGTON BEACH
I
:f ?
its Vice President Mayor
By-
' ATTEST: APPROVED AS TO FORM:
I
. (A61,9-^-41' 04dAte? 4.--- &der
City Clerk .; -A7-' City Attorney /� G�
6-,2-a—j a �L
k, REVIEWED AND APPROVED:
City Ad i.strator
3
1
i
.1 -5-
:i
LEGAL DESCRIPTION
That portion of Huntington Beach, County of Orange, State of
California, as shown on a map recorded in Book 3 , Page 36 , of
Miscellaneous Maps in the office of the County Recorder of said
County, described as follows :
PARCEL A:
Beginning at the centerline intersection of Pacific Coast
Highway and Lake Street, shown as Ocean Avenue and First Street
respectively, on said mentioned map; thence along the centerline
of Pacific Coast Highway south 48°21 ' 42" east 37 . 50 feet to the
intersection with the southwesterly extension of the southeast
right-of-way line of Lake Street; thence south 41°38 ' 18" west
50 . 00 feet to the true point of beginning; thence north
48°21 ' 42" west 1, 020 . 00 feet; thence south 41°38 ' 18" west 200 . 00
feet; thence south 48°21 ' 42" east 1020 . 00 feet; thence north
41°38 ' 18" east 200 . 00 feet to the true point of beginning .
PARCEL B:
Beginning at the centerline intersection of Pacific Coast
Highway and Lake Street, shown as Ocean Avenue and First Street
respectively, on said mentioned map; thence along the centerline
of Pacific Coast Highway south 48°21 ' 42" east 37 . 50 feet to the
intersection with the southwesterly extension of the southeast
right-of-way line of Lake Street; thence south 41°38 ' 18" west
50 . 00 feet; thence north 48°21 ' 42" west 1, 020 . 00 feet; thence
south 41°38 ' 18" west 200 . 00 feet to the true point of beginning;
thence south 41°38 ' 18" west 250 . 00 feet; thence south 48°21 ' 42"
east 175 . 00 feet; thence north 41°38 ' 18" east 250 feet; thence
north 48°21 ' 42" west 175 . 00 feet to the true point of beginning.
i
RECORDING REQUESTED BY:
CITY OF HUNTINGTON BEACH
WHEN RECORDED MAIL TO:
OFFICE OF THE CITY CLERK '
2000 Main Street
Huntington Beach, California 92648
(This space for recorder ' s use)
CORPORATION OUITCLAIM DEED
SOUTHERN PACIFIC TRANSPORTATION COMPANY (hereinafter
"Southern Pacific" ) a corporation, hereby REMISES, RELEASES, AND
QUITCLAIMS to the CITY OF HUNTINGTON BEACH, a California
municipal corporation, the following described real property:
That portion of Huntington Beach, County of
Orange, State of California, as shown on a map
recorded in Book 3 , Page 36 , of Miscellaneous Maps
in the office of the County Recorder of said
County, described as follows :
PARCEL A:
Beginning at the centerline intersection of
Pacific Coast Highway and Lake Street, shown as
Ocean Avenue and First Street respectively, on
said mentioned map; thence along the centerline of
Pacific Coast Highway south 48°21 ' 42" east 37 . 50
feet to the intersection with the southwesterly
extension of the southeast right-of-way line of
Lake Street;- thence south 41°38 ' 18" west 50 . 00
feet to the true point of beginning; thence north
48°21 ' 42" west 1, 020 . 00 feet; thence south
41°38 ' 18" west 200 . 00 feet; thence south 48°21 ' 42"
east 1020 . 00 feet; thence north 41°38 ' 18" east
200 . 00 feet to the true point of beginning.
PARCEL B :
Beginning at the centerline intersection of
Pacific Coast Highway and Lake Street, shown as
Ocean Avenue and First Street respectively, on
said mentioned map; thence along the centerline of
Pacific Coast Highway south 48°21 ' 42" east 37 . 50
feet to the intersection with the southwesterly
extension of the southeast right-of-way line of
Lake Street; thence south 41°38 ' 18" west 50 . 00
feet; thence north 48°21 ' 42" west 1, 020 . 00 feet;.
k
•
• thence south 41°38 ' 18" west 200 . 00 feet to the
true point of beginning; thence south 41°38 ' 18"
west 250 . 00 feet; thence south 48021 ' 42" east
175 . 00 feet; thence north 41°38 ' 18" east 250 feet;
thence north 48°21 ' 42" west 175 . 00 feet to the
true point of beginning.
Southern Pacific expressly quitclaims all rights to
surface use of the property and all rights of surface entry.
Nothing hereinabove or hereinafter set forth in this Quitclaim
Deed shall be deemed to reserve to Southern Pacific,
its successors and assigns , and interest in the surface or in
any portion of said real property lying within five hundred
(500) feet measured vertically downward from the surface of said
real property.
EXCEPTING AND RESERVING TO SOUTHERN PACIFIC, its
successors and assigns, from that portion (hereinafter called
the "sub-500 portion") of said real property lying below a depth
of five hundred (500) feet beneath the surface thereof, all oil,
gas , asphaltum and other hydrocarbons and all other fissionable
materials within or that may be produced or extracted or taken
from the sub-500 portion of said real property, which said oil,
gas , asphaltum, hydrocarbons and materials shall be hereinafter
collectively called the "sub-500 minerals, " and
FURTHER AND EXCEPTING AND RESERVING to Southern Pacific,
its successors and assigns, from the sub-500 portion of said
real property following:
A. The sole and exclusive right from time to time to
locate and maintain subsurface portions of oil and gas wells in
the sub-500 portion of said, real property. and the right to drill
for, produce, extract and take the sub-500 minerals from the
sub-500 portion of said real property and the right to exercise
all of the rights and privileges necessary for such drilling,
producing, extracting and taking; and
B. The sole and exclusive right to use the sub-500
portion of said real property to conduct operations from time to
time by methods now known or unknown while, in the opinion of
Southern Pacific, are reasonably designed to benefit or
facilitate the drilling for or production, extraction or taking
of the sub-500 minerals from the sub-500 portion of said real
property or any minerals from lands other than said real
property (hereinafter called the "other lands" ) , together with
the right to drill a well or wells or use any existing wells in,
into or through the sub-500 portion of said real property, for
the purpose of injecting into the sub-500 portion of said real
property or into other lands, oil gas , air, water or other
liquid or gaseous substances , including the right, from time to
time to ignite or otherwise activate any or all of such.
substances so injected or any or all of the sub-500 minerals
within the sub-500 portion of said real property or any minerals
from other lands ; and
•
-2-
C. The sole and exclusive right from time to time to
drill into and through the sub-500 portion of said real property
from other lands by means of a well or wells drilled from the
surface or other lands , together with the sole and exclusive
right to repair, redrill, deepen, maintain, rework and operate
such wells and produce any minerals from other lands by means of
such well, or wells , through the sub-500 portion of said real
property; and
D. The sole and exclusive right from time to time to
locate, operate and maintain subsurface portions of wells in,
into or through the sub-500 portion of said real property and
the right from time to time, to inject, store, pressurize and
remove the sub-500 minerals or any minerals from other lands for
the purpose of storing the same in the sub-500 portion of said
real property or in other lands .
The above described rights excepted and reserved to
Southern Pacific, its successors and assigns, shall not be
limited to, or by, the first or any subsequent exercise thereof .
FURTHER EXCEPTING AND RESERVING all water rights of or
related to or appurtenant to said real property including, but
not limited to, all right to percolating waters, artesian
waters and underground streams, but excluding the right of
surface entry.
This corporation quitclaim deed shall not affect, and
Southern Pacific further excepts and reserves, the right to
receive any sums , including rental, royalties or other payments,
due or to become due under or by virtue of any lease (including
without limitation any oil and gas lease) or agreement affecting
the sub-500 portion of said real property,
IN WITNESS WHEREOF., said corporation has caused its
corporate name and seal to be affixed hereto and this instrument
to be executed by its duly authorized officer(s) .
DATED: , 1990
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
By
By
Approved as to Form
GAIL HUTTON, City Attorney
By •
-3-
A CONFORMED COPY
90-�4933 18 Compared With Original
RECORDING REQUESTED BY:
CITY OF HUNTINGTON BEACH RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
WHEN RECORDED MAIL TO: 1.30 SEP 191990
P.M.
OFFICE OF THE CITY CLERK 46 a 2000 Main Street
Recorder
Huntington Beach, California 92648 EXEMPT
C14
A.P.# 024-281-14 (This space for recorder ' s use)
CORPORATION QUITCLAIM DEED 2 4 (�I
SOUTHERN PACIFIC TRANSPORTATION COMPANY (hereinafter
"Southern Pacific" ) a corporation, hereby REMISES, RELEASES, AND
QUITCLAIMS to the CITY OF HUNTINGTON BEACH, a California
municipal corporation, the following described real property:
That portion of Huntington Beach, County of
Orange, State of California , as shown on a map =
U
recorded in Book 3 , Page 36 , of Miscellaneous Maps ,�
in the office of the County Recorder of said ¢ o
County, described as follows : _v
EF- TY U
PARCEL A: �, z 6 c
I
Beginning at the centerline intersection of Oz
Pacific Coast Highway and Lake Street, shown as + a
Ocean Avenue and First Street respectively, on E
said mentioned map; thence along the centerline of o
Pacific Coast Highway south 48°21 ' 42" east 37 . 50 `'.1 >-
feet to the intersection with the southwesterly t`><° 5
extension of the southeast right-of-way line of
Lake Street ; thence south 41°38 ' 18" west 50 . 00
feet to the true point of beginning; thence north
48°21 ' 42" west 1, 020 . 00 feet; thence south y cD
41038 ' 18" west 200 . 00 feet ; thence south 48°21 ' 42" a) o
east 1020 . 00 feet ; thence north 41°38 ' 18" east o U o o m
200 . 00 feet to the true point of beginning . �, 0 C
y a� •P m
PARCEL B : e�
Beginning at the centerline intersection of vI4•,
Pacific Coast Highway and Lake Street, shown as �•
Ocean Avenue and First Street respectively, on -'
said mentioned map; thence along the centerline of F, s.
Pacific Coast Highway south 48°21 ' 42" east 37 . 50 °? `' " col
feet to the intersection with the southwesterly . " o "
extension of the southeast right-of-way line of o ai
co o
Lake Street; thence south 41°38 ' 18" west 50 . 00 ` ? o
feet ; thence north 48°21 ' 42" west 1, 020 . 00 feet; 4.i S-, a F'
-4 0 C 0 CO 4-,
-1-
thence south 41°38 ' 18" west 200 . 00 feet to the
true point of beginning; thence south 41°38 ' 18"
west 250 . 00 feet; thence south 48°21 ' 42" east
175 . 00 feet; thence north 41°38 ' 18" east 250 feet;
thence north 48°21 ' 42" west 175 . 00 feet to the
true point of beginning .
Southern Pacific expressly quitclaims all rights to
surface use of the property and all rights of surface entry.
Nothing hereinabove or hereinafter set forth in this Quitclaim
Deed shall be deemed to reserve to Southern Pacific,
its successors and assigns , and interest in the surface or in
any portion of said real property lying within five hundred
(500) feet measured vertically downward from the surface of said
real property.
EXCEPTING AND RESERVING TO SOUTHERN PACIFIC, its
successors and assigns , from that portion (hereinafter called
the "sub-500 portion" ) of said real property lying below a depth
of five hundred (500) feet beneath the surface thereof, all oil,
gas , asphaltum and other hydrocarbons and all other fissionable
materials within or that may be produced or extracted or taken
from the sub-500 portion of said real property, which said oil ,
gas , asphaltum, hydrocarbons and materials shall be hereinafter
collectively called the " sub-500 minerals , " and
FURTHER AND EXCEPTING AND RESERVING to Southern Pacific,
its successors and assigns , from the sub-500 portion of said
real property following :
A. The sole and exclusive right from time to time to
locate and maintain subsurface portions of oil and gas wells in
the sub-500 portion of said real property and the right to drill
for, produce, extract and take the sub-500 minerals from the
sub-500 portion of said real property and the right to exercise
all of the rights and privileges necessary for such drilling,
producing , extracting and taking ; and
B . The sole and exclusive right to use the sub-500
portion of said real property to conduct operations from time to
time by methods now known or unknown while, in the opinion of
Southern Pacific, are reasonably designed to benefit or
facilitate the drilling for or production, extraction or taking
of the sub-500 minerals from the sub-500 portion of said real
property or any minerals from lands other than said real
property (hereinafter called the "other lands" ) , together with
the right to drill a well or wells or use any existing wells in,
into or through the sub-500 portion of said real property, for
the purpose of injecting into the sub-500 portion of said real
property or into other lands , oil gas , air, water or other
liquid or gaseous substances , including the right , from time to
time to ignite or otherwise activate any or all of such
substances so injected or any or all of the sub-500 minerals
within the sub-500 portion of said real property or any minerals
from other lands ; and
-2-
y rr r
C. The sole and exclusive right from time to time to
drill into and through the sub-500 portion of said real property
from other lands by means of a well or wells drilled from the
surface or other lands , together with the sole and exclusive
right to repair, redrill , deepen, maintain, rework and operate
such wells and produce any minerals from other lands by means of
such well , or wells , through the sub-500 portion of said real
property; and
D. The sole and exclusive right from time to time to
locate, operate and maintain subsurface portions of wells in,
into or through the sub-500 portion of said real property and
the right from time to time, to inject , store, pressurize and
remove the sub-500 minerals or any minerals from other lands for
the purpose of storing the same in the sub-500 portion of said
real property or in other lands .
The above described rights excepted and reserved to
Southern Pacific, its successors and assigns , shall not be
limited to, or by, the first or any subsequent exercise thereof .
FURTHER EXCEPTING AND RESERVING all water rights of or
related to or appurtenant to said real property including , but
not limited to, all right to percolating waters , artesian
waters and underground streams , but excluding the right of
surface entry.
This corporation quitclaim deed shall not affect , and
Southern Pacific further excepts and reserves , the right to
receive any sums , including rental, royalties or other payments ,
due or to become due under or by virtue of any lease (including
without limitation any oil and gas lease) or agreement affecting
the sub-500 portion of said real property.
IN WITNESS WHEREOF, said corporation has caused its
corporate name and seal to be affixed hereto and this instrument
to be executed by its duly authorized officer (s) .
DATED : July 20 , 1990
SOUTHERN PACIFIC
TRANSPORT ON COMPANY
B
Y
Its Vice President
By /6 �'--
/ Assistant Secretary
Approved as to Form
1 GAIL HUTTON, City Attorney
By [�
-3-
CITY OF HUNTINGTON BEACH
CO` ta INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Connie Brockway From Robert Sangster
City Clerk Deputy City Attorney
Subject Pierside Date August 16, 1990
As part of our agreement with Southern Pacific Transportation Co . ,
we have agreed to record the Agreement for Deed of Gift dated April
19 , 1990, prior to recording the corporation quitclaim deed. Their
letter is attached . Please make sure this is done, and please
provide me with a conformed copy of the recorded instruments . Thank
you.
Robert Sangster
Deputy City Attorney
Attachment
Southern P0CjPacillt
Transportation Company
417 South Hill Street,Suite 650 • Los Angeles,California 90013-1121
William H. Pohle, Jr.
Senior General Attorney
(213) 629-6374
FAX (213) 617-8169
August 7, 1990
Robert Sangster, Esq.
Deputy City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: Redevelopment Agency of the City of Huntington Beach v.
Southern Pacific, et al .
Dear Mr. Sangster:
Enclosed herewith is the Corporation Quitclaim Deed, Request
for Taxpayer Identification Number and Certification, and
Nonforeign Affidavit which you are authorized to record after
recording a fully executed copy of the Settlement Agreement.
Please provide our office with documentation of the
recordation of the Settlement Agreement and Corporation Quitclaim
Deed thereafter.
Very ruly yours,
WILLIAM H. POHLE, JR.
:dg
rs3 . let
Enclos .
cc: Wally B. Curtis
Robert L. Stacy
•
-AA CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Connie Brockway From Robert Sangster
City Clerk Deputy City Attorney
Subject Redevelopment Agency v. Date June 19 , 1990
Huntington Beach Co.
The agreement for deed of gift between the city and Southern Pacific
has now been approved by the railroad, including the substitution of
the revised legal description. As you may recall, the revised legal
description covers exactly the same property, but describes it as
two parcels instead of one. Therefore, we have earlier rendered our
opinion that this revised legal description does not need to go back
to City Council . It was, of course, necessary to have it approved
by the railroad. The railroad is also now re-executing the deed of
gift, and this will need to go to Council for acceptance. We will
forward it to you when it is received. In the meantime, please have
the agreement executed by the city and add your attestation.
Attached hereto is the original agreement executed by the railroad
and containing the correct legal description, along with a copy of a
letter from the railroad approving the description.
4 /Robert angster
0 Deputy City Attorney
Attachments
cc: Tom Bruyneel, Redwine & Sherrill
Pat Spencer, Redevelopment Agency
Southern Paciu �.
r ,
Transportation Company ^ ? ' =`�` "
417 South Hill Street,Suite 650 • Los Angeles,California 90013-1121
William H. Pohle, Jr. 2L 8 43 119 "1_
Senior General Attorney
(213) 629-6374
FAX (213) 617-8169
June 20, 1990
Robert Sangster, Esq.
Office of City Attorney
P.O. Box 2740
2000 Main Street
Huntington Beach, CA 92647
RE: City of Huntington Beach vs. Southern Pacific Trans. Co.
Dear Mr. Sangster:
Per your request, enclosed is a copy of Assistant Secretary B.
J. Medina' s certification regarding W. B. Curtis .
Very ruly yours,
WILLIAM H. POHLE, JR.
:dg
rs2 . let
Enclos .
•
`• , 20 ' 90 1 0: 09 7.P1 SPTCO-CORP-RESTATE PAGE . 002
I, B. J. MEDINA, Assistant Secretary of Southern Pacific Transportation
Company, a corporation of the State of Delaware, hereby certify that Mr. W. B.
Curtis, Vice President-Property Management of said Company is authorized and
empowered to sign certain instruments on behalf of the Company pursuant to
Article V, Section 1 of the By-laws of the Company which reads as follows:
"Execution of Documents. The Chain, any Vice Chairman, the
President or any vice 'President or any other officer designated by the
Board, the Executive Committee or the Office of the Chairman each
shall have power to execute and deliver deeds, contracts, mortgages,
bonds, notes, indentures and other documents and instruments for and
in the name of the Company."
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
corporate seal of the Company this 20th day of June, 1990.
istant Secretary
tin CITY OF HUNTINGTON BEACH
e INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Gail Hutton From Connie Brockway
City Attorney City Clerk
Subject Southern Pacific Transportation Co. Date June 11, 1990
Agreement for Deed of Gift
I still have the attached agreement in my pending awaiting signature.
Will you advise me as to the anticipated date of execution.
0994K
•
REQUE ' FOR CITY COUNC ACTION
AND REDEVELOPMENT Avr;NCY
April 18, 1990
Date
Submitted to: y Council and Redevelopment Agency
Mra1
Submitted by: City
Hutton, City and Agency Attorney '', C/
a$cr
fps ,* ao
Prepared by: ^0� D d
Redevelopment Agency v. Huntington Beach Company
Subject: Settlement with Southern Pacific
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
Issue:
Whether to approve the agreement for a deed of gift from the
Southern Pacific Transportation Company.
Recommendation:
Approve the form and content of the agreement for deed of gift
between the city and the Southern Pacific Transportation
Company, accept the deed, and authorize execution of the
agreement by the Mayor and the City Clerk upon receipt of an
executed agreement and deed from Southern Pacific and approval
as to form by the City Attorney.
Analysis :
In the pierside condemnation case, the city has previously
entered into agreements with the Huntington Beach Company and
Chevron U.S.A. , Inc. , to accept a deed of gift of the
nonpossessory fee interests in exchange for a dismissal from the
eminent domain action. We have now made the same deal with the
Southern Pacific Transportation Company which will give the city
a deed of gift to the property. We also agree that the railroad
may determine the value by an independent appraisal, and that
the city will not contest the appraisal . Presumably, the
railroad will take a tax deduction, but it is of no concern to
the city whether it does so or of the valuation it chooses to
place upon the gift:
The court has required approval of this agreement prior to the
start of trial . The court has trailed the trial to 9 : 00 next
Monday morning, so it is necessary that Council approve the
terms of this agreement prior to that time.
PIO 4/84
Settlement against Southern Pacific, of course, has nothing
whatsoever to do with approving any particular project for the
property.
Funding Source:
None.
Alternative Action:
Proceed to trial and pay whatever judgment the jury awards, or
continue case for six months .
Attachments : Agreement for deed of gift and the deed.
AGREEMENT FOR DEED OF GIFT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
SOUTHERN PACIFIC TRANSPORTATION COMPANY
CONCERNING MAIN-PIER REDEVELOPMENT
This agreement is entered into this day of
1990, by and between the SOUTHERN PACIFIC TRANSPORTATION
COMPANY, hereinafter called "OWNER, " and the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter called "CITY. "
WITNESSETH
WHEREAS, there is presently pending in the Superior Court,
County of Orange, an eminent domain action filed by THE •
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ("AGENCY")
(Case No. 49 87 13) seeking to acquire from OWNER certain real
property generally located southeast of the Huntington Beach
Pier and seaward of the Pacific Coast Highway to be used in
connection with redevelopment of the downtown area. Said
eminent domain action is filed in the Superior Court, County of
Orange, entitled Redevelopment Agency of the City of Huntington
Beach -v. Huntington Beach Company, et al . , and;
WHEREAS, SOUTHERN PACIFIC TRANSPORTATION COMPANY is the
successor in interest to Pacific Electric Railway Company, a
corporation, Pacific Electric Land Company, a corporation, and
the Los Angeles Inter-Urban Railway Company, a corporation; and
WHEREAS, the real property which AGENCY and CITY seek to
acquire from OWNER in said eminent domain action is more
particularly described in Exhibit "A" attached hereto and made a
part hereof, and is sometimes hereafter called the "PROPERTY, "
and;
-1-
WHEREAS, the parties desire to resolve disputes as herein
provided whereby OWNER will donate and convey such property to
CITY, and;
WHEREAS, the parties are desirous of terminating the pending
action against OWNER hereinabove mentioned without further
litigation,
NOW, THEREFORE, the parties hereto agree as follows :
1. Covenants
All parties intend that the provisions of this
agreement shall constitute the covenants between them, and the
burdens and benefits thereof shall bind and inure to all
successors in interest of the parties thereto, including CITY
and AGENCY.
2 . Authority
Each party hereto represents to the other that it has
full and complete authority to enter into this agreement,
including the authority of CITY to bind AGENCY, and that each
party hereto considers this agreement to be fair, reasonable and
advantageous to each, and that the agreement was prompted by the
necessities of the litigation, and this agreement shall be
binding regardless of the fact that the rights and obligations
may be dealt with by successor legislative bodies of CITY and
AGENCY.
3 . Valuation
For purposes of the settlement Agreement, the parties
stipulate and agree that the easement conveyed to the City of
Huntington Beach by the Huntington Beach Company, a
-2-
corporation, Standard Oil of California, a corporation, Pacific
Electric Railway Company, a corporation, and Pacific Electric
Land Company, a corporation, for public, recreational, park and
playground purposes and other uses appurtenant thereto, by deed
recorded February 15, 1932, at Book 532, page 437, instrument
No . 3839 , Orange County Recorder, is terminated as to the
property described in Exhibit A.
The parties further stipulate and agree that the value of
said property may be determined by its fair market value.
Southern Pacific shall obtain an independent appraisal of the
value of such property.
4 . Dismissal
Within ten (10) days after the execution of this
Agreement, CITY will cause AGENCY to file with the Court an
executed dismissal, with prejudice, in the above-mentioned
eminent domain action, and serve a conformed copy thereof on
counsel for the Southern Pacific Transportation Company. Each
party shall bear its own costs and seek no reimbursement from
the other.
5 . California Law and Attorneys ' Fees
This agreement shall be construed in accordance with
the laws of the State of California . Should legal action be
brought by either party for breach of this agreement, or to
-3-
enforce any covenants and other provisions herein, the
prevailing party of such action shall be entitled to reasonable
attorney fees and all costs, including, but not limited to,
court costs .
6 . Legal Challenge
In the event of any legal action instituted by any
third party, or other governmental entity or official,
challenging the validity of any of the provisions of this
agreement, the parties agree to cooperate in defending said
action.
7 . Public Interest
CITY and AGENCY have found and determined that
execution of this agreement is in the best interest of the
public health, safety and general welfare, and the provisions of
this agreement are consistent with existing ordinances of the
CITY.
8 . Amendment
This agreement may only be amended by mutual written
consent of the parties .
9 . Duplicate Originals
This agreement is executed in duplicate originals, each
of which is deemed to be an original .
10 . Title
OWNER shall deliver all its rights, title, and interest
in the surface and subsurface to a depth of 500 feet of the
property described on Exhibit A.
-4-
OWNER agrees to execute and delivery to AGENCY
concurrently with the execution of this Agreement, a quitclaim
deed in the form of Exhibit "B" hereto and incorporated herein
by reference.
This conveyance will be a donation and transfer to be
made without cost to CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized
officers on the day, month, and year first above written.
SOUTHERN PACIFIC TRANSPORTATION CITY OF HUNTINGTON BEACH •
COMPANY
By
Mayor
By
ATTEST: APPROVED AS TO FORM:
City Clerk ; City Attorneyeeg52
REVIEWED AND APPROVED:
City Administrator
-5-
EXHIBIT "A"
That portion of Huntington Beach, County of Orange,
State of California, as shown on a map recorded in Book 3 , Page
36, of Miscellaneous Maps in the office of the County Recorder
of said County, described as follows :
Beginning at the Centerline intersection of Pacific
Coast Highway and Lake Street, shown as Ocean Avenue and First
Street respectively, on said mentioned map; thence along the
centerline of Pacific Coast Highway south 48° 21' 42" east 37 .50 _
feet to the intersection with the southwesterly extension of the
southeast right-of-way line of Lake Street; thence south 41° 38 '
18" west 50 . 00 feet to the true point of beginning; thence north
48° 21' 42" west 1,020. 00 feet; thence south 41° 38 ' 18" west
450 . 00 feet; thence south 48° 21 ' 42" east 175 . 00 feet; thence
north 41° 38 ' 18" east 250 feet; thence south 48° 21 ' 42" east
845 . 00 feet; thence north 41° 38 ' 18" east 200 . 00 feet to the
true point of beginning.
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On this day of , 1990, before me,
the undersigned, a Notary Public in and for said State,
personally appeared , personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument
as , and
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within
instrument as , on behalf of the
corporation therein named, and acknowledged to me that such
corporation executed the same pursuant to its bylaws or a
resolution of its board of directors .
WITNESS my hand and official seal.
Signature
Name typed or printed
RECORDING REQUESTED BY:
CITY OF HUNTINGTON BEACH
WHEN RECORDED MAIL TO:
OFFICE OF THE CITY CLERK
2000 Main Street
Huntington Beach, California 92648
(This space for recorder ' s use)
CORPORATION QUITCLAIM DEED
SOUTHERN PACIFIC TRANSPORTATION COMPANY (hereinafter
"Southern Pacific") a corporation, hereby REMISES, RELEASES, AND
QUITCLAIMS to the CITY OF HUNTINGTON BEACH, a California
municipal corporation, the following described real property:
That portion of Huntington Beach, County of
Orange, State of California, as shown on a map
recorded in Book 3, Page 36, of Miscellaneous Maps
in the office of the County Recorder of said
County, described as follows :
Beginning at the Centerline intersection of
Pacific Coast Highway and Lake Street, shown as
Ocean Avenue and First Street respectively, on
said mentioned map; thence along the centerline of
Pacific Coast Highway south 48° 21' 42" east 37. 50
feet to the intersection with the southwesterly
extension of the southeast right-of-way line of
Lake Street; thence south 41° 38 ' 18" west 50 . 00
feet to the true point of beginning; thence north
48° 21 ' 42" west 1,020.00 feet; thence south 41°
38 ' 18" west 450.00 feet; thence south 48° 21' 42"
east 175 .00 feet; thence north 41° 38 ' 18" east
250 feet; thence south 48° 21 ' 42" east 845 . 00
feet; thence north 410 38 ' 18" east
200 . 00 feet to the true point of beginning.
Southern Pacific 'expressly quitclaims all rights to surface
use of the property and all rights of surface entry. Nothing
hereinabove or hereinafter set forth in this Quitclaim Deed
shall be deemed to reserve to Southern Pacific,
1
•
•
its successors and assigns, and interest in the surface or in any
portion of said real property lying within five hundred (500)
feet measured vertically downward from the surface of said real
property.
EXCEPTING AND RESERVING TO SOUTHERN PACIFIC, its successors
and assigns, from that portion (hereinafter called the "sub-500
portion") of said real property lying below a depth of five
hundred (500) feet beneath the surface thereof, all oil, gas,
asphaltum and other hydrocarbons and all other fissionable
materials within or that may be produced or extracted or taken
from the sub-500 portion of said real property, which said oil,
gas, asphaltum, hydrocarbons and materials shall be hereinafter
collectively called the "sub-500 minerals, " and
FURTHER AND EXCEPTING AND RESERVING to Southern Pacific, its
successors and assigns, from the sub-500 portion of said real
property following:
A. The sole and exclusive right from time to time to locate
and maintain subsurface portions of oil and gas wells in the
sub-500 portion of said real property and the right to drill for,
produce, extract and take the sub-500 minerals from the sub-500
portion of said real property and the right to exercise all of
the rights and privileges necessary for such drilling, producing,
extracting and taking; and
B. The sole and exclusive right to use the sub-500 portion
of said real property to conduct operations from time to time by
methods now known or unknown while, in the opinion of Southern
Pacific, are reasonably designed to benefit or facilitate the
drilling for or production, extraction or taking of the sub-500
minerals from the sub-500 portion of said real property or any
minerals from lands other than said real property (hereinafter
called the "other lands") , together with the right to drill a
well or wells or use any existing wells in, into or through the
sub-500 portion of said real property, for the purpose of
injecting into the sub-500 portion of said real property or into
other• lands, oil gas, air, water or other liquid or gaseous
substances, including the right, from time to time to ignite or
otherwise activate any or all of such substances so injected or
any or all of the sub-500 minerals within the sub-500 portion of
said real property or any minerals from other lands; and
C. The sole and exclusive right from time to time to drill
into and through the sub-500 portion of said real property from
other lands by means of a well or wells drilled from the surface
or other lands, together with the sole and exclusive right to
repair, redrill, deepen, maintain, rework and operate such wells
and produce any minerals from other lands by means of such well,
or wells, through the sub-500 portion of said real property; and
D. The sole and exclusive right from time to time to
locate, operate and maintain subsurface portions of wells in,
into or through the sub-500 portion of said real property and the
right from time to time, to inject, store, pressurize and remove
2
the sub-500 minerals or any minerals from other lands for the
purpose of storing the same in the sub-500 portion of said real
property or in other lands .
The above described rights excepted and reserved to Southern
Pacific, its successors and assigns, shall not be limited to, or
by, the first or any subsequent exercise thereof .
FURTHER EXCEPTING AND RESERVING all water rights of or related
to or appurtenant to said real property including, but not
limited to, all right to percolating waters, artesian waters and
underground streams, but excluding the right of surface entry.
This corporation quitclaim deed shall not affect, and Southern
Pacific further excepts and reserves, the right to receive any
sums, including rental, royalties or other payments, due or to
become due under or by virtue of any lease (including without
limitation any oil and gas lease) or agreement affecting the
sub-500 portion of said real property. •
IN WITNESS WHEREOF, said corporation has caused its corporate
• name and seal to be affixed hereto and this instrument to be
executed by its duly authorized officer(s) .
DATED: , 1990
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
By
By
Approved as to Form
GAIL HUTTON, City Attorney
By, �y,
3
corporation, Standard Oil of California, a corporation, /Pacific
Electric Railway Company, a corporation, and Pacific ectric
Land Company, a corporation, for public, recreations , park and
pl\yground purposes and other uses appurtenant the eto, by deed
recorded February 15, 1932, at B ok 532, page 437f instrument
/
No. 3839, Orange County Recorder, is terminated s to the
propety described in Exhibit A.
The,, parties further stipulate and agree t at the value of
said property may be determined by its fair arket value
unencumbered by such easement. Southern Pa ific shall obtain an
independent\ appraisal of the value of such /property, and CITY
1
agrees not to contest such appraisal . ��
4 . Dism\ssal
Within, ten (10) days after the execution of this
Agreement, CITY will cause AGENCY to file with the Court an
executed dismissal, with prejudice, in the above-mentioned
eminent domain action, and serve a conformed copy thereof on
counsel for the Sout ern Pacific Transportation Company. Each
party shall bear its wn costs and seekno reimbursement from
the other.
5 . California Law nd Attorne s 'Fees
This agreement shall be construed in accordance with
the laws of the State of Ca fornia . Should legal action be
brought by either party for breach of this agreement, or to
1
-3-
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, April 19, 1990
A tape recording of this meeting is
on file in the City Clerk' s Office.
Mayor/Chairman Mays called the special regular meetings of the City Council
and the Redevelopment Agency of the City of Huntington Beach to order at 5 p.m.
ROLL CALL
PRESENT: Winchell , Green, Mays , Silva, Erskine
ABSENT: MacAllister, Bannister
The City Clerk/Clerk was directed to read the Call for Special Meeting.
CALL FOR SPECIAL MEETING
OF
CITY COUNCIL/REDEVELOPMENT AGENCY
Tom Mays , Mayor/Chairman
Peter Green, Mayor Pro Tempore
Wes Bannister, Council /Agency Member
John Erskine, Council /Agency Member
Don MacAllister, Council /Agency Member
Jim Silva, Council /Agency Member
Grace Winchell , Council /Agency Member
You are hereby notified that a Special Meeting of the City Council /
Redevelopment Agency of the City of Huntington Beach, California is called
for and will be held in the Council Chamber of the Civic Center at the hour of
5:00 p.m. on Thursday, April 19, 1990, for the purpose of holding a closed
session to consider approval of a settlement agreement between the City of
Huntington Beach and the Southern Pacific Transportation Company concerning
Main—Pier Redevelopment and authorize dismissal of the Southern Pacific Trans—
portation Company by the Redevelopment Agency from the pending eminent domain
case filed by the Redevelopment Agency (Case No. 49 87 13) .
Dated: April 18, 1990
ATTEST:
CONNIE BROCKWAY, CITY CLERK/CLERK
/s/ Connie Brockway /s/ Thomas J . Mays
City Clerk/Clerk Mayor/Chairman
_ I _ r
Page 2 - Council /Age Special Meeting - 4/19/90
I hereby certify that I received the above notice, "Call for Special Meeting
of the City Council /Redevelopment Agency" prior to 5:00 P.M. , on Wednesday,
April 18, 1990.
/s/ Thomas J . Mays
Mayor/Chairman
The City Attorney explained the necessity for Closed Session in response to
Councilwoman Winchell ' s inquiry. The City Attorney spoke regarding the
feasibility of public discussion.
Councilman Green referred to the letter from the Attorney General ' s office
dated April 19, 1990, which opposed said Council meeting.
Discussion was held.
PUBLIC COMMENTS SECTION
Doug Langevin stated that he objected most strenuously to the Closed Session.
He stated that he believed the meeting should be held in the normal process .
He stated that in 1986 the Attorney General did not have knowledge of a public
easement.
Debbie Cook stated that the Attorney General ' s office did not have knowledge
of the public easement in 1986. She spoke regarding the tax deduction which
she believed should be realized by the railroad company.
John Fisher stated that the agreement was not the same as the previous one
signed and that he believed the city was being forced into a corner.
Dave Burris stated that he did not believe the procedure for the meeting was
proper and that the city needed a total overhaul of the City Charter.
Diana Boom stated that he believed an item of such importance needed more time
to be considered. She urged Council not to make a decision at this time.
Jo Christian-Craig stated that the City Attorney stated that the reason for a
Closed Session was that she believed the city could give away their position
on the litigation. She stated that since the city and railroad company were
in agreement she believed that would negate the need for a Closed Session.
She urged Council not to proceed with the Closed Session.
Diane Easterling stated that since this was not an emergency, it should remain
in the court and there should not be a City Council meeting.
Bob Biddle, Huntington Beach Tomorrow President, stated that he believed the
matter should stay in the court. He requested that the item be continued.
Geri Ortega stated that she had spoken with the legal counsel for State Lands
Commission and that they had stated they would uphold the public trust. She
stated that the Council cannot make a decision to terminate a public
easement. She also stated Council should be cautious with their decision
concerning fair market value with consideration of encumberment. She thanked
the Council for opening public comments at this meeting.
The Mayor closed the Public Comments.
Page 3 - Council /Age _ Special Meeting - 4/19/90
CLOSED SESSION
The Mayor/Chairman called a Closed Session of the City Council /Redevelopment
Agency pursuant to Government Code Section 54956.9(a) to confer with its
attorney regarding pending litigation - Redevelopment Agency v Huntington
Beach Company - OCSCC 49 87 13.
RECESS - RECONVENE
The Mayor/Chairman called a recess of Council /Redevelopment Agency at
5:35 p.m. The meeting was reconvened at 10:45 p.m.
(City Council/Redevelopment Agency) AGREEMENT FOR DEED OF GIFT BETWEEN CITY
& SOUTHERN PACIFIC TRANSPORTATION COMPANY (SPTC) CONCERNING MAIN-PIER
REDEVELOPMENT - APPROVED AS MODIFIED (600. 10)
The City Clerk/Clerk presented a communication from the City Attorney trans-
mitting Agreement for Deed of Gift Between the City of Huntington Beach and
Southern Pacific Transportation Company concerning Main-Pier Redevelopment and
Agency Resolution No. 200 and Council Resolution No. 6135.
Motion to Amend Paragraph 3 of Agreement - Approved
Councilman/Agency Member Erskine stated that with respect to the concern of
the letter to Deputy City Attorney Robert Sangster from Attorney General John
Van De Kamp, Deputy Attorney General Robert Collins , paragraph three of Agree-
ment and with respect to the value of said property, he moved that Council
agree with that and modify paragraph 3 of the Agreement to strike the words,
"unencumbered by such easement" and put a period after the words "fair market
value" , strike the words , "and CITY agrees not to contest such appraisal " and
put a period after the word "property" .
The City Attorney read the paragraph in the motion, "The parties further stip-
ulate and agree that the value of said property may be determined by its fair
market value. Southern Pacific shall obtain an independent appraisal of the
value of such property. "
The motion made by Erskine, seconded by Mays , carried by the following roll
call vote:
AYES: Winchell , Green, Mays , Silva, Erskine
NOES: None
ABSENT: MacAllister, Bannister
Motion to Approve Agreement as Modified - Approved
A motion was made by Mays , seconded by Erskine, to accept the Agreement as
modified.
Page 4 — Council/Age:. Special Meeting — 4/19/90
Councilwoman/Agency Member Winchell stated that by virtue of a 1932 court
decision on the property, the city had an existing public recreational ease—
ment attached to the private railroad land. She stated the city also believes
it has a public trust on the land which means because of the tidelands the
city has to maintain public access through the property. Councilwoman
Winchell stated that until the public trust is defined, clarified, and delin—
eated, so that the people know what protection they have with the public
trust; she did not want to relinquish an existing public recreational ease—
ment. She stated she believed it should be settled in the court between the
State of California and the City of Huntington Beach.
The City Attorney clarified that in any condemnation action if the judgment
should be astronomical that the Council was unhappy with the judgment and
unable to purchase or go forward with the action, the Council always has an
opportunity at that time to abandon the condemnation and pay damages for
having brought them through the trial and keeping the property off the market
for that period of time.
The motion made by Mays , seconded by Erskine, to accept the Agreement as
modified carried by the following roll call vote:
AYES: Green, Mays, Silva, Erskine
NOES: Winchell
ABSENT: MacAllister, Bannister
Agency Res No 200 — Adopted as Modified — Council Res No 6135 — Adopted as
Modified
A motion was made by Mays , seconded by Green, to adopt Agency Resolution
No. 200 and Council Resolution No. 6135 as modified by City Council and
Redevelopment Agency.
The City Attorney stated that Resolution No. 6135, paragraph 4 should read,
"The 'Agreement for Deed of Gift as modified Between the City of Huntington
Beach and Southern Pacific Transportation Company Concerning Main—Pier Rede—
velopment' and 'Corporation Quitclaim Deed' from Southern Pacific to City are
hereby approved as to form and content, and City accepts the Corporation Quit—
claim Deed. The City authorizes the Mayor and City Clerk to execute the
agreement upon receipt of an executed copy from Southern Pacific and approval
as to form by the City Attorney. "
The motion made by Mays , seconded by Green, to adopt Agency Resolution
No. 200 and Council Resolution No. 6135 as modified by City Council and
Redevelopment Agency carried by the following roll call vote:
AYES: Green, Mays, Silva, Erskine
NOES: Winchell
ABSENT: MacAllister, Bannister
\�
Page 5 — Council /AgE Special Meeting — 4/19/90
ADJOURNMENT — COUNCIL/REDEVELOPMENT AGENCY
Mayor/Chairman Mays adjourned the special meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach.
Clerk of the Redevelopment Agency
and City Clerk and ex—officio Clerk
of the City Council of the City of
Huntington Beach, California
ATTEST:
City Clerk/Clerk Mayor/Chairman
•
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Connie Brockway From Gail Hutton
City Clerk City Attorney
Subject Special Meeting Date April 18, 1990
Settlement Agreement with
Pacific Transportation Co .
Please call and notice a special meeting of the City Council and
Redeveloment Agency of the City of Huntington Beach, preferably for
Thursday afternoon or evening, April 19 .
The purpose of this meeting will be to approve a settlement
agreement between the City of Huntington Beach and the Southern
Pacific Transportation Company concerning Main-Pier redevelopment,
and authorize dismissal of the Southern Pacific Transportation
Company by the Redevelopment Agency from the pending eminent domain
case filed by the Redevelopment Agency (Case No . 49 87 13) .
The judge has required that this agreement be approved prior to the
start of trial on Monday morning, otherwise he will continue the
case for six months .
Gail Hutton
City Attorney
cc: Michael Uberuaga, City Administrator
Tom Mays, Mayor
Peter Green, Mayor Pro Tem
Wes Bannister, Council Member
John Erskine, Council Member
Don MacAllister, Council Member
Jim Silva, Council Member
Grace Winchell, Council Member
STATE OF GAllrunivIr%
;- STATE LANDS COMMIS > .N EXECUTIVE OFFICE
1807- 13th Street
LEO T.McCARTHY,Lieutenant Govctnor Sacramento,California 96814
GRAY DAVIS, Controllor •• • ' '
JESSE R.HUFF, Director of Finance �uS ,., CHARLES WARREN
1,l� �f�, Executive Officer
:i!1/,. 4: (8161 322-4106
a
I' r �'N V
�, , �AF ��
pFL`April 19, 1990
•
Honorable Tom Mays
Mayer , City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
SUBJECT : Proposed Settlement Agreement Between City of
Huntington Beach and Southern Pacific Transportation
Company in Redevelopment Agency v. Huntington Beach
Company, et al . , OCSC Case No. 49 87 13
Dear Mayor :
I have just been informed of developments in the above -
matter and are concerned with what is being considered for the
reasons stated in the enclosed letter from the Attorney General
to your counsel. I understand the City Council is meeting this
afternoon to consider accepting the settlement proposal
described. Would you please make available to each member a
copy of the enclosed letter and make known to them my personal
concern.
' Si eiely,
.._ �—
tk.-.4r(. ••
harles Warren
Executive Officer
Enclosure .
y`ntQ
JOHN K. VAN LT KAMP State of CaliforniaN4444
Attorney General DEPARTMENT OF JUST E ,
3580 WILSHIRE BOULEVARD, ROOM 800
LOS ANGELES 90010
(2/3)736-2304
April 19 , 1990 ( 213 ) 736-2080
BY TELEFAX
Robert Sangster
Deputy City Attorney
P.O. Box 2740, 2000 Main Street
Huntington Beach, California 92647
Dear Mr. Sangster:
Proposed Settlement Agreement Between City of Huntington
Beach and Southern Pacific Transportation Company in
Redevelopment Agency v. Huntington Beach Company,
et al, , OCSC Case No. 49 87 13
As you are aware, on April 18 , 1990, the State of California was
first shown the above settlement agreement during an in-chambers
session of the court in the above lawsuit. At that time, 1 -
i indicated that the State objected to such agreement as being
contrary to law. The purpose of this letter is to explain our
objections and ask that the agreement in its present form not be
approved. We request that this letter be submitted to the City
Council prior to a vote on the matter.
The State objects to the agreement as failing to comply with the
law on the following grounds:
1. The City, having not prepared any EIR as required by CEQA
insofar as its Pierside Restaurant proposal is concerned,
may not acquire property for purposes of such a project.
(14 Cal.Admin. Code, S 15004(b) (1) ; City of San Jose v.
Great Oaks Water Co. (1987) 192 Cal.App.3d 1005, 1014-
1019 . )
2. Paragraph 3 of the, agreement provides: "For the purposes of
the Settlement Agreement, the parties stipulate and agree
that the easement conveyed to the City . . . for public,
recreational, park and playground purposes . . . is
terminated as to the property described in Exhibit A. " The
State strenuously objects to this provision on grounds that
this recreational easement was conveyed to the City in 1932
on behalf of the public. Neither the City, as trustee of
this public right, nor Southern Pacific have any legal
authority to terminate such public easements for any purpose
whatsoever. (See Lane v. City of Redondo Beach (1975) 49
Cal.App. 3d 251; People v. County of Marin (1894 ) 103 Cal.
223 . )
Robert Sangster
April 19, 1990
Page 2
3 . Paragraph 3 of the agreement also provides: "The parties
further stipulate . . . the value of said property may be
determined by its fair market value unencumbered by such
• easement. Southern Pacific shall obtain an independent
appraisal of such property and the City agrees not to
contest such appraisal . " This is the most troubling part of
the agreement. How can the City agree that property which
is encumbered by a public easement has the value of
unencumbered property? The City' s expert appraiser valued
the property as encumbered at $10,000; the State has
indicated its concurrence in that valuation. Obviously,
250 , 000 square feet of unencumbered beach front property may
be appraised to have a value in the millions of dollars .
What is the purpose of the City agreeing to such a -pretense?
Is this provision intended to shift the burden of obtaining
Southern Pacific' s interest from the City of Huntington
Beach to the taxpayers of the State and Nation? Clearly,
the City has no legal authority to agree to this .
4 . Paragraph 3 is also objectionable for its failure to specify
a specific appraisal value or any of the details of how the
appraisal will be made. It appears that the City will be
giving the Southern Pacific appraiser a blank check.
5 . The State also objects to the agreement on grounds that it
includes tidelands property which is owned by the State of
California and other property which Southern Pacific
conveyed to the City in 1968 . By the terms of the
agreement, the value to be attributed to Southern Pacific' s
ownership would include these properties in which Southern
Pacific has no interest whatsoever.
Finally, the State would not object to the acceptance by the City
of a legitimate donation of Southern Pacific' s interest in the
property so long as the law is complied with. It should be
remembered, however, because any such donation would be motivated
by the existing public easement any such interest would be held
by the City in trust for the public and subject to the dominant
public easement.
We thank you for your consideration of the above.
Very truly yours,
JOHN K. VAN DE RAMP
Attorney General
7°4 °Vdt0 ---q-=w•
ROBERT G. COLLINS
Deputy Attorney General
AGENCY RESOLUTION NO. 200
1 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH APPROVING AN AGREEMENT AND
1 DEED OF GIFT WITH SOUTHERN PACIFIC TRANSPORTATION CO.
WHEREAS, eminent domain litigation is pending entitled the
Redevelopment Agency of the City of Huntington Beach vs .
Huntington Beach Company, et al . , Orange County Superior Court
Case No . 49 87 13 , in which the Southern Pacific Transportation
Company ( "Southern Pacific" ) is a party defendant, and
The City, Redevelopment Agency ( "Agency" ) , and Southern
Pacific desire to settle such litigation as to Southern Pacific
only,
NOW, THEREFORE, the Redevelopment Agency of the City of
Huntington Beach resolves as follows :
The "Agreement for Deed of Gift Between the City of
Huntington Beach and Southern Pacific Transportation Company
Concerning Main-Pier Redevelopment" and "Corporation Quitclaim
Deed" from Southern Pacific to City are hereby approved as to
form and content . The Agency authorizes the City Attorney to
dismiss the action as to Southern Pacific .
PASSED AND ADOPTED by the Redevelopment Agency of the City of
Huntington Beach at a special meeting thereof held on the 19th
day of April, 1990 .
ATTF T:
Agency Clerk Chairman (,\3
APPROVED AS TO FORM: REVIEWED AND APPROVED:
Agency Attorney Executive Director
Re io. 200
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH)
I , CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the
City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing
resolution was duly adopted by the Redevelopment Agency of the City of
special
Huntington Beach at aVmeeting of said Redevelopment Agency held on the
19th day of April , 1990 , and that it was so adopted
by the following vote:
AYES: Members:
Green, Mays, Silva, Erskine
NOES: Members:
Winchell
ABSENT: Members:
MacAllister, Bannister
Clerk of the Redevel oprae Agency of
the City of Huntington Beach, Ca.
The foregoing instrument is a correct
:opy of Lb_ o .g'.±:l ^n fit^ in this office.
\Hesttl�
F
City Clerk and Ex•officio Clerk of the City
Council of the City of Huntington Beach,
California.
By epaq
RESOLUTION NO. 6135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AN AGREEMENT AND
DEED OF GIFT WITH SOUTHERN PACIFIC TRANSPORTATION CO.
WHEREAS, eminent domain litigation is pending entitled the
Redevelopment Agency of the City of Huntington Beach vs .
Huntington Beach Company, et al . , Orange County Superior Court
Case No . 49 87 13 , in which the Southern Pacific Transportation
Company ( "Southern Pacific" ) is a party defendant, and
The City, Redevelopment Agency, and Southern Pacific desire
to settle such litigation as to Southern Pacific only,
NOW, THEREFORE, the City Council of the City of Huntington
Beach resolves as follows :
The "Agreement for Deed of Gift Between the City of
Huntington Beach and Southern Pacific Transportation Company
Concerning Main-Pier Redevelopment" and "Corporation Quitclaim
Deed" from Southern Pacific to City are hereby approved as to
form and content, and City accepts the Corporation Quitclaim
Deed. The City authorizes the Mayor and City Clerk to execute
the agreement upon receipt of an executed copy from Southern
Pacific and approval as to form by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a special meeting thereof held on the 19th
day of April , 1990 .
ATT T: \�
l City Clerk Mayor
APPROVED TO FORM: REVIEWED AND APPROVED:
/r4e: -'
,, ,0 City Attorney p 4,(7
City Administrator
��96 -l-
Res. No. 6135
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council
at a vomow special meeting thereof held on the 19th day
of April , 1990 , by the following vote:
AYES: Councilmembers:
Green, Mays, Silva, Erskine
NOES: Councilmembers:
Winchell
ABSENT: Councilmembers:
MacAllister, Bannister
The foregoing instrument is a correct City Clerk and ex-offi c Clerk
of the City Council of the City
copy of the original on file in this office. of Huntington Beach, California
I9Fe
CONNI€BROCKwAy
City cr :+ ;a Ci�rk ot the City
Coa:.c;l iiu C. „f Huntington Beach,
California
By Deputy
4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On this day of _, 1990, before me,
the undersigned, a Notary Public in and for said State,
personally appeared , personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument
as , and
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within
instrument as , on behalf of the
corporation therein named, and acknowledged to me that such
corporation executed the same pursuant to its bylaws or a
resolution of its board of directors .
WITNESS my hand and official seal .
Signature
Name typed or printed
•
• ,.
CM et 'citL4r_k_
el/wry ) _14/ : "j41:-rw-ae L.,7,-( - •
s- euta.,
/0645/ euregv71- ay...0c4 ,c;a1
u-kv,:atai 90,,t)4 (
ct#60.":„/ 124.-(77-6-1-e-d
J.
JOHN K. VAN DE KAMP State of California �.'rc is
Attorney General DEPARTMENT OF JUSTICE "` ""
3580 WILSHIRE BOULEVARD, ROOM 800
LOS ANGELES 90010
(213)736-2304
April 24, 1990 ( 213) 736-2080
Robert Sangster
Deputy City Attorney
P.O. Box 2740, 2000 Main Street
Huntington Beach, California 92647
Dear Mr. Sangster:
Proposed Settlement Agreement Between the Redevelopment
Agency of the City of Huntington Beach and the State of
California in Redevelopment Agency v. Huntington Beach
Company, et al. , OCSC Case No. 49 87 13
Please find attached the proposed Stipulation between the
State and the Redevelopment Agency to settle the above case
and accompanying Judgment. As we discussed in our telephone
conversation this morning, this Stipulation does not remove
any of the State' s objections to the settlement agreement
between the City of Huntington Beach and Southern Pacific
Transportation Company as expressed in our letter to
you dated April 19 , 1990 . The settlement between the State
and Redevelopment Agency does not affect any of the State' s
rights to litigate any questions regarding the effect or
validity of the agreement with Southern Pacific .
Very truly yours,
JOHN R. VAN DE RAMP
Attorney General
•
ROBERT G. COLLINS
Deputy Attorney General
RGC:dm
cc: Tom Bruyneel
Roy Dickson
i �
1 JOHN K. VAN DE RAMP, Attorney General
of the State of California
2 N. GREGORY TAYLOR,
Senior Assistant Attorney General
3 ROBERT G. COLLINS,
Deputy Attorney General
4 3580 Wilshire Boulevard
Los Angeles, California 90010
5 Telephone: (213) 736-2080
6 Attorneys for Defendants
People of the State of California
7 and State Lands Commission
8
9 . SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF ORANGE
11
12 REDEVELOPMENT AGENCY OF ) Case No. 498 713
HUNTINGTON BEACH, a public )
13 agency of the State of ) JUDGMENT PURSUANT
California, ) TO STIPULATION
14 )
Plaintiff, )
15 )
v. )
16 )
HUNTINGTON BEACH )
17 COMPANY, STATE OF )
CALIFORNIA, et al. )
18 )
)
19 Defendants . )
)
20
21 The Court hereby finds that the Redevelopment Agency
22 of the City of Huntington Beach and the State of California have
23 agreed to settle this action pursuant to the terms of the
jl
24 attached Stipulation dated April 24, 1990 .
25
26
27
•
1 .
1 Therefore, as provided for in Code of Civil Procedure
2 secItion 664 . 6 , the Court hereby ORDERS, ADJUDGES AND DECREES that
3 judgment be entered pursuant to the terms of said settlement. -
4
5 DATED:
6
7
JUDGE OF THE SUPERIOR COURT
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2 .
1 JOHN R. VAN DE RAMP, Attorney General
of the State of California
2 N. GREGORY TAYLOR,
Senior Assistant Attorney General
3 ROBERT G. COLLINS,
Deputy Attorney General
4 3580 Wilshire Boulevard
Los Angeles, California 90010
5 Telephone: (213) 736-2080
6 Attorneys for Defendants
People of the State of California
7 and State Lands Commission
8
9 " SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF ORANGE
11
12 REDEVELOPMENT AGENCY OF ) Case No. 498 713
HUNTINGTON BEACH, a public )
13 agency of the State of ) STIPULATION
California, ) FOR JUDGMENT
14 )
Plaintiff, )
15 )
v. )
16 )
HUNTINGTON BEACH )
17 COMPANY, STAE OF )
CALIFORNIA, et al. )
18 )
)
19 Defendants. )
)
20
21 This Stipulation for Judgment is entered into by and
22 between the Redevelopment Agency of the City of Huntington Beach
23 (hereinafter, "Agency" ) and the People of the State of California
24 and the State Lands Commission (hereinafter collectively,
25 "State" ) .
26 /
27 /
1 .
1
1 WHEREAS, the Agency filed this condemnation action,
2 Orange County Superior Court Case No. 49 87 13 , on or about
3 August 22, 1986 , against the State of California among others ;
4 WHEREAS, the Agency filed a First Amended Complaint in
5 Eminent Domain on or about May 24, 1989 , amending the legal
6 description of the real property sought to be condemned, said
7 property being described in Exhibit A hereof and hereinafter
8 referred to as the "Subject Property" ; and
9 WHEREAS, in its First Amended Answer the State claimed
10 the following interests in the Subject Property: ( 1 ) That such
11 property, or portions thereof, consists of tidelands owned in fee
12 simple by the State; ( 2 ) that as a result of public use all of
13 the Subject Property is the subject of public access and
14 recreational easements by virtue of an implied dedication under
15 the law as described in the case, Gion v. City of Santa Cruz
16 ( 1970 ) 2 Cal . 3d 29 , and that such easements (hereinafter, "the
17 Gion Easements" ) are held by the State on behalf of the public;
18 and (3 ) that the State has an interest in the public, park,
19 recreational and playground easement which is described in the
20 deed to the City of Huntington Beach recorded on February 15 ,
21 1932, in Book 532, Page 437 , of the Official Records of Orange
22 County, which easement (hereinafter, "the 1932 Easement" ) covers
23 a portion of the Subject Property; and
24 WHEREAS, the Agency denies that the State has any of
25 the aforesaid interests in the Subject Property and claims that
26 the 1932 Easement and subsequent grants and deeds vest all title
27 /
2 .
1 to the Subject Property in the Agency and City of Huntington
2 Beach;
3 NOW THEREFORE, the parties have agreed to settle -this -4 condemnation action in accordance with the provisions of this
5 Stipulation as follows :
6 1 . The parties stipulate and agree that the State does
7 not have a tidelands interest in the Subject Property in that the
8 Subject Property is uplands and not tidelands .
9 ' 2 . By entering into this Stipulation the parties do
10 not waive any rights or claims that either may have concerning
11 public use restrictions on the Subject Property.
12 3 . By entering into this Stipulation the parties do
13 not waive any of their rights or claims in the Subject Property
14 concerning any public easements, including the 1932 Easement and
15 the Gion Easements described above, or any public easements
16 appurtenant to the adjacent tidelands .
{ 17 /
18 /
19
20
21
22 /
23 /
24 /
25 /
26 /
27
3 .
1 4 . The parties agree that judgment in this action may
2 be entered in accordance with this Stipulation under Code of
3 Civil Procedure section 664 . 6 . It is agreed that this
4 Stipulation shall be attached to such judgment.
5 REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
6
7
DATED: APRIL , 1990 By
8 ROBERT C. SANGSTER
Deputy City Attorney
9
Attorney for the Agency
10
11
12 PEOPLE OF THE STATE OF CALIFORNIA,
AND THE STATE LANDS COMMISSION
13
14
DATED: APRIL , 1990 By
15 ROBERT G. COLLINS
Deputy Attorney General
16
Attorney for the State
17
18
19
1 20
21
22
23
24
25
26
27
4 .
LEGAL DESCRIPTION
That portion of Huntington Beach, County of Orange, State of
California, as shown on a map recorded in Book 3, Page 36, of
Miscellaneous Maps in the office of the County Recorder of said
County, described as follows:
Beginning at the centerline intersection of Pacific Coast
Highway and Lake Street, shown as Ocean Avenue and First Street
respectively, on said mentioned map; thence along the
centerline of Pacific Coast Highway south 48°21 '42" east
37 .50 feet to the intersection with the southwesterly extension
of the southeast right-of-way line of Lake Street; thence south
41°38 ' 18" west 50 . 00 feet to the true point of beginning;
thence north 48°21 ' 42" west 1, 020.00 feet; thence south
41°38 ' 18" west 200 . 00 feet; thence south 48°21'42" east
1020 . 00 feet; thence north 41°38 ' 18" east 200 . 00 feet to the
true point of beginning .
_.Exhi bit A
(" I ✓ lJ e�✓° �� !/..'/
:CIAL MEETING WORKSHEET A__._.DA
T;"2
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
Council Chamber, Civic Center,
Thursday, April 19 , 1990
5 : 00 P.M.
A. CALL SPECIAL MEETING TO ORDER �%
B. ROLL CALL: MacAllister, Winchell, Green, Ma VS, Bannister,
Silva, Erskine/
C. CLERK READS "CALL FOR SPECIAL MEETING" ga
ecia5f�.k, .,L �rr'ci1Ce' �.2J.r.F4 s ry ✓� ; ' 6r.✓C•%i .i rir LG�-J e d ,•�.
CALL CLOSED ESSION OF THE CITY COUNCIL/REDEVELOPMENT AGENCY ,,,,74
G �% �C.,e f^'--� 4C✓:J�r� L�,11,:E:k:� � GYM g, .�lLGG+je•/�.?rl,� J �.(:+.*��
CLOSED SESSION di' THE CITY COUNCIL/REDEVELOPMENT AGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54956. 9(a) TO CONFER WITH ITS ATTORNEY
REGARDING PENDING LITIGATION - REDEVELOPMENT AGENCY V HUNTINGTON
BEACH COMPANY - OCSCC 49 87 13
RECESS TO CLOSED SESSION
RECONVENE COUNCIL/REDEVELOPMENT AGENCY
1 . (City Council/Redevelopment Agency) REDEVELOPMENT AGENCY V
HUNTINGTON BEACH COMPANY - SETTLEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY (SPTC) - AGREEMENT FOR DEED OF GIFT BETWEEN
CITY Sc SOUTHERN PACIFIC TRANSPORTATION COMPANY CONCERNING
MAIN-PIER REDEVELOPMENT
Transmittal from the City Attorney of a proposed agreement for
deed of gift between the City and SPTC concerning Main-Pier
Redevelopment
RECOMMENDED ACTION: Approve the form and content of the
agreement for deed of gift between the City and the Southern
Pacific Transportation Company, accept the deed, and authorize
execution of the agreement by the Mayor and the City Clerk upon
receipt of an executed agreement and deed from Southern Pacific
and approval as to form by the City Attorney and adopt the
following resolutions :
Agency Resolution No . 200 - "A RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AN AGREEMENT
AND DEED OF GIFT WITH SOUTHERN PACIFIC TRANSPORTATION CO. "
AND
Council Resolution No. 6135 - " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AGREEMENT
AND DEED OF GIFT WITH SOUTHERN PACIFIC TRANSPORTATION CO. "
AJOURN SPECIAL MEETING
CONNIE BROCKWAY, CITY CLERK
P
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