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HomeMy WebLinkAboutStandard Gasoline Company, Chevron USA - 1989-01-01REQUES� FOR �.. y ACTION 02 � Date January 12, 1990 Submitted to:i ty Submitted by:Ga i 1 Y Prepared b : '['Gail p Council Hutton, City Attorney Hutton, City Attorney Subject: Abandonment of Subsurface Rights in t Pierside Condemnation APygOVED BY CITY COUNCI Consistent with Council Policy? [Xl Yes [ ] New Policy or Exception -i—zS 19_2p ws, Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: i STATEMENT OF ISSUE Whether to amend the legal description for the condemnation of the pierside property to the southeast of the Huntington Beach pier to delete the subsurface rights. RECOMMENDED ACTION Approve the attached resolution of abandonment to abandon all rights and interests below 500 feet in the pierside property. ANALYSIS At the time the legal description was approved by the City Council for the taking of the pierside property, it was a full description of the entire fee simple interest. The city holds a surface use easement. Later, we settled with the Huntington Beach Company, Chevron U.S.A., Inc., Chevron Gas Company, and Chevron Gasoline Company by a quitclaim of all rights above 500 feet. These grantors did reserve rights below 500 feet, including interests in any leases and agreements affecting that portion of the property. Contrary to recent contentions by members of the public, there is no reservation of any interests above 500 feet, and the quitclaim deed expressly provides that the reservations and exceptions apply only to the subsurface rights. The parties remaining in this eminent domain action are Southern Pacific Railroad and the State Lands Commission. As a housekeeping matter, we need to amend the legal description to delete all interests below 500 feet, and accordingly a resolution of abandonment is attached. Please adopt the resolution. Attachment: Resolution of Abandonment P10 5i85 • C�-j RESOLUTION NO. 197 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION 130 CONCERNING THE PIERSIDE PROPERTY SOUTHEAST OF THE HUNTINGTON BEACH PIER WHEREAS, the Redevelopment Agency of the City of Huntington Beach adopted Resolution 130 on August 4, 1986, declaring that the public need and necessity require the acquisition of real property by eminent domain, and Such real property is called the "Pierside" property and is located generally southeast of the Huntington Beach pier, being a parcel of real property along Pacific Coast Highway extending approximately 1020 feet southeast to Lake Street, more particularly described on Exhibit A to Resolution 130, and Agency now desires to amend such legal description to abandon all claims and interests in (1) any portion of such property lying below five hundred (500) feet and (2) any portion of such property extending seaward more than two hundred (200) feet from the northeasterly line along Pacific Coast Highway as depicted on attached Exhibit A, and Except for such property as is herein amended and abandoned, agency reaffirms and reenacts Resolution 130. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Huntington Beach hereby adopts the legal description and map attached hereto and incorporated by reference as Exhibit A as the property necessary for the public uses and purposes set forth in Resolution 130 and abandons the -1- • U Ffi`+ interests excepted and excluded therefrom. PASSED AND ADOPTED this 5th;: day of February 1990. Chairman ATTEST: APPROVED AS TO FORM: Agency Clerk REVIEWED AND APPROVED* Executive Director 2L Y-A Agency Counsel C t4 /2 C S -2- MAIN PIER REDEVELOPMENT PROJECT (PHASE I, PIERSIDE) 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 48021'42" 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 48021'42" west 1,020.00 feet; thence south 41038'18" west 200.00 feet; thence south 48021'42" east 1020.00 feet; thence north 41038'18" east 200.00 feet to the true point of beginning. The property herein described shall included all surface rights, excepting and reserving therefrom only that portion of said real property lying below a depth of five hundred (500) feet beneath the surface thereof, and all oil, gas, asphaltum, and other hydrocarbons and other fissionable materials within or that may be produced, extracted or taken without surface entry from the sub-500 portion of said real property. STREET 14 ., pA Q o /P • ' CA", � 12 t3. ..• 4 3 ti V NI• , • SrREEr f � •1,.,4 � 5 6 12 ti � t ti�'w i�i � t:: F • � - ' 113 3RD STREET :. / .ram` � 'h < 1 •'', -' n�� ��� a Lh NIVH �:..� •--.._ --- - :_:.. ,W its.... \ i f... ..... ,\•tL�,r L.SK....tia•..,v� ••r.1\� LO } m co O " - N • Re o. 197 STATE OF CALIFORNIA ) ,j 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 Huntington Beach at a meeting of said Redevelopment Agency held on the 5th day of February 1930_, and that it was so adopted by the following vote: AYES: Members: Winchell, Green, Mays, Bannister, Silva NOES: Members: None ABSENT: Members: MacAllister, Erskine Clerk of the Redevelopment Agency of the City of Huntington Beach, Ca. • • RESOLUTION 130 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH PURSUANT TO THE PROVISIONS OF CODE OF CIVIL PROCEDURE, SECTION 1250.340(b), SUPPLEMENTING AND AMENDING RESOLUTION NO. 129 OF MARCH 24, 1986 AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN A. The Redevelopment Agency of the City of Huntington Beach is a public agency of the State of California has been and now is engaged in the discharging its powers and duties as provided by law. B. Put—suant to the provisions of Government Code Sections 37350.5 and 38010, and of Health and Safety Code Section 33391, the Agency is vested with the power to take any property necessary to carry out the business of the Agency by condemnation, such power to be exercised pursuant to the provisions of Code of Civil Procedure, Sections 1230.020, et seq. C. The real property and interest described in this Resolution are necessary for the public uses and purposes which are set forth below. D. The Agency desires to clarify, supplement and add to the property sought to be taken and to conform to the provisions of Section 1250.340(b) of the Code of Civil Procedure, amends its original resolution, and includes in this description all of the lands originally described and additional lands. 1. . . 0 IN CONSIDERATION OF THE FOREGOING, Now, therefore BE IT RESOLVED by the Redevelopment Agency of the City of Huntington Beach as follows: 1. The public use for which the real property or interests in real property described in this Resolution is to be taken is for the implementation and furtherance of the redevelopment plan for Huntington Beach and for all uses recited therein including, but not by way of limitation, beach related public facilities, commercial uses and other public uses. The Agency is authorized to acquire the fee simple title in the real property and all lesser interests and estates therein (including future interests and leaseholds) for the purposes and uses set forth in this Resolution pursuant to the provisions of Government Code Sections 37350.5 and 38010 and related sections. 2. The real property or interests therein is located in the County of Orange, within the City of Huntington Beach and the project area of the Redevelopment Agency. A legal description of the property or interests to be taken is attached to this Resolution marked Exhibit "A" and by this reference made a part hereof. 3.. To the extent that the property or interests described in this Resolution are already devoted to a public use, the Redevelopment Agency hereby finds and determine that the use to which the property is to be put by this Agency is a more 2. • • necessary public use, or is a compatible public use which will not unreasonably interfere with the continuance of the public use to which the property or interests is already devoted, or, if the acquisition will leave a remnant, the Redevelopment Agency may exercise the power of Eminent Domain to acquire the remnant. These findings are made in specific compliance with the provisions of Section 1240.410, et seq., 1240.510, et seq., and 1240.610, et seq., of the Code of Civil Procedure. 4. The Redevelopment Agency specifically finds and determines as follows: a. The public interest and necessity require the acquisition of the property and property interests which are described in this Resolution. b. The proposed acquisition will be most compatible with the greatest public good and the least private injury. C. The acquisition of the property and interest therein are necessary for the proposed project. d. An offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. e. The provisions of Code of Civil Procedure, Section 1245.235 have been complied with and notice has been given to those persons whose names and addresses appear on the last equalized county assessment roll. 5. Appropriate officers of the Redevelopment Agency and counsel for the Agency are hereby authorized to institute such 3. • • legal proceedings as are necessary in the Superior Court of the State of California, County of Orange, to acquire the property and interests in properties described in this Resolution by judicial process. Counsel for the Agency is authorized to seek and acquire such Orders for prejudgment possession for the land and interest described in this Reolution as are deemed necessary, and to make such deposits as security for possession in the Court as the Court may require, and the Agency's counsel is further authorized to negotiate on behalf of the Agency for acquisition of such properties or interests in properties. 6. The Executive Director of the Agency is authorized to make such minor changes in the description of the property involved in this Resolution and in the pleadings to be filed pursuant to it as he deems necessary, upon the advice of counsel, for the conduct of the condemnation proceedings or other proceedings necessary to acquire the real property or interest in real property described in this Resolution. 7. The deposit or payment of money out of proper funds of the Agency for probable just compensation according to law, for jury fees, reporters' fees, other court costs and for counsel fees is hereby authorized. 8. The Agency hereby finds and determine that the real property sought to be acquired is located entirely within the jurisdictional boundaries of the Huntington Beach Redevelopment Agency. 9. This Resolution supersedes any other resolution for 4. the acquisition of the property or property interests described in this Resolution which this Agency has heretofore made. APPROVED, ADOPTED and EXECUTED this 4th day of August , 1986. Chairman ATTEST: City Clerk REVIEWE ND APPROVED: Executiv Direct APPROVED AS TO FORM: ,Z.�fG. Agency Counsel I TIATED AND APPRO ED: Redevelopment 5. • 0. No. 130 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. WENTWORTH, 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 Huntington Beach at a meeting of said Redevelopment Agency held on the 4th day of August 1986 , and that it was so adopted by the following vote: AYES: Members: Kelly, MacAllister, Mandic, Bailey, Green NOES: Members: None ABSENT: Members: Finley NOT VOTING: Members: Alzl Thomas ent A enc of Clerk of the Redevelopm g y the City of Huntington Beach, Ca. CO N F* M E D C 0 P Y Not Compared with Original RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH EXEMPT WHEN RECORDED MAIL TO: clo OFFICE OF THE CITY CLERK 2000 Main Street Huntington Beach, California 92648 A.P. 24-150-06 �por of)4A.P. 24-281-14 por of) " 89-Ir4629 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 1230 APR 41989 PM Q. C6WodRECORDER (This space for recorder's use) CORPORATION QUITCLAIM DEED �+ STANDARD GAS COMPANY (hereinafter "Standard Gas") a corporation organized under the laws of the State of California 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: m i m Beginning at the centerline intersection of � y, m Pacific Coast Highway and Lake Street, shown 0Ija as Ocean Avenue and First Street O fm U O 00Fq O m respectively, on said mentioned map; thence ,> 4 0 J along the centerline of Pacific Coast Highway m south 48 degrees 21142" east 37.50 feet to m o v 10 the intersection with the southwesterly extension of the southeast right-of-way line 4 .00 0m of Lake Street; thence south 41 degrees ;o � F 38'18" west 50.00 feet to the true point of p b beginning; thence north 48 degrees 21'42" o " west 1020 feet; thence south 41 degrees b co m o 38'18" west 450 feet; thence south 48 degrees x +� m 21142" east 175.00 feet; thence north 41 4,4 44 V#-q ,`4 j o � degrees 3811811 east 250.00 feet; thence south F, O o am 4. 48 degrees 2114211 east 845.00 feet; thence north 41 degrees 38118" east 200.00 feet to the true point of beginning. W n� -c rm 0o'CD o ; T3 CD ca 0 x oCD 6 1 C-) z? C-) m D EXCEPTING AND RESERVING to Standard Gas, 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 Standard Gas, 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 Standard Gas, 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 form 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 Standard Gas, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof. Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be deemed to reserve to Standard Gas, its successors and assigns, any 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. 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 Standard Gas 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 said real property. This quitclaim deed is made subject to all matters whether of record or not affecting the aforedescribed said land. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Assistant Secretary thereunto duly authorized. 9 DATED: January 26, , 1989. Standard Gas Company By A istant Secret y ,l 'A P ED �S TO FORM:i I Cr�'1� � �Ii_1"`1'!:�l�i, � -, .Morn©y E! rney STATE OF CALIFORNIA ) CONTRA COSTA ) ss. COUNTY OF S-AN- 2de-I-Re6 ) On this 26th day of January , 198j, before me, the undersigned, a Notary Public in and for said State, personally appeared J.P. Harrington known to me or proved to me on the basis of satisfactory evidence to be the Assistant Secretary xamxk xxxxxxxxxxxxxxxxxxxxxxx>UIVM XA=XX cMxx(OrxxpaXoc adXXtxx=X)U[XxxiLhXXxixxxxvf )D� iA6*o:tnvyxmjckolmmxtxxxloxxxtkxxxxxxxxxxxxxxxxxxxxxx of Standard Gas Company, that executed the within instrument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same pursuant to its by- laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Signature: OFFICIAL SEAL MARCiA D. HiGHFilI NOTAP,Y PU9UC - CAUFORtJIA CONTRA COSTA COUNTY s MY ccnimissicn ev.pircs Sept. 29, 2989 ame (Typed or printed) (This area reserved My commission expires:9/29/89 for official seal) AGREEMENT FOR DEED OF GIFT BETWEEN THE CITY OF HUNTINGTON BEACH AND STANDARD GAS COMPANY CONCERNING MAIN -PIER REDEVELOPMENT This agreement is entered into this 26thday of den e", 1989 -No er-,--1-9&8 by and between STANDARD GAS 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), 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 vs. Huntington Beach Company, et al., 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; 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 hereinabove mentioned without further litigation, NOW, THEREFORE, the parties hereto agree as follows: 1. General Provisions: 1.1 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. 1.2 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 2. rights and obligations may be dealt with by successor legislative bodies of CITY and AGENCY. 2. 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 Standard Gas Company. Each party shall bear its own costs and seek no reimbursement from the other. 3. 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 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. 4. 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. 3. 5. Best 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. 6. Amendment: This agreement may only be amended by mutual written consent of the parties. 7. Duplication Originals: This agreement is executed in duplicate originals, each of which is deemed to be an original. 8. 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. OWNER agrees to execute and deliver to AGENCY concurrently with the execution of this Agreement, a quitclaim deed in the form of Exhibit "B" hereto and incorporated herein by reference. 4. • 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. STANDARD GAS COMPANY CITY OF UNTINGTON EACH A istant Secret ry Mayor ATTEST: City Clerk REV_IFW,ED AND APP.RQVED : City Administrator 5. APPROVED AS TO FORM: City Attorne ITIATED AND APPROVED: ty City Administrator STATE OF CALIFORNIA ) CONTRA COSTA ) s s . COUNTY OF ORPiNfz' ' ) On this 26thday of January 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared J.P. Harrington known to me or proved to me on the basis of satisfactory evidence to be the Assistant Secretary , unXXXXXXXXXXXXXXXXXXXXXXXXXXMmube XUXLX-XY.LxxxxxmxmXi(aFXXj(i(XxlQX'X)=NXXXXIXX7fed XXX)Max)o)mX*Xtumxjcx (Xl(9txw )MAXXXXXXXXXXXXXXXXXXXXXXXXXXXXX of STANDARD GAS COMPANY, that executed the within instrument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, 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. Signatt (This area reserved Name (zypeu or priaLt!u for official seal) My commission expires: 6. 06274A02/1B 9/29/89 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On this day of l'1i�1t1 19 0 , before me, a Notary P}}blic in and for said County and State,, a, personally appeared k-L)� lifatiu,;��� , known to me to be the Mayor and G� .t��u id -re a � �r�'� , known to me to be the City Clerk of the City of Huntington goach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. 1 1. 1 7. 66 U 4 1 t<LAWLER. FEL IX HALL P O9 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° 381 18" west 50.00 feet to the true point of beginning; thence north 48' 211 42" west 1,020.00 feet; thence south 419 38' 18" west 450.00 feet;.thence south. 48' 211 42" east 175.00 feet; thence north 41. 381 18" east 250 feet; thence south 48° 21' 4211 east 845.00 feet; thence north 414 38' 18" east 200.00 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 QUITCLAIM DEED STANDARD GAS COMPANY (hereinafter "Standard Gas") a corporation organized under the laws of the State of California 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 degrees 21142" east 37.50 feet to the intersection with the southwesterly extension of the southeast right-of-way line of Lake Street; thence south 41 degrees 38118" west 50.00 feet to the true point of beginning; thence north 48 degrees 21'42" west 1020 feet; thence south 41 degrees 38118" west 450 feet; thence south 48 degrees 21142" east 175.00 feet; thence north 41 degrees 38118" east 250.00 feet; thence south 48 degrees 21142" east 845.00 feet; thence north 41 degrees 38118" east 200.00 feet to the true point of beginning. EXCEPTING AND RESERVING to Standard Gas, 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, I gas, asphaltum, hydrocarbons and materials shall be hereinafter collectively called the "sub-500 minerals", and FURTHER AND EXCEPTING AND RESERVING to Standard Gas, 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 Standard Gas, 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 form 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 Standard Gas, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof. Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be deemed to reserve to Standard Gas, its successors and assigns, any 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. 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 Standard Gas 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 said real property. This quitclaim deed is made subject to all matters whether of record or not affecting the aforedescribed said land. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Assistant Secretary thereunto duly authorized. 9 DATED: January 26, 1989. Standard Gas Company A istant Secret y .J 7iPP EDS TO ORM:i ttorney STATE OF CALIFORNIA ) CONTRA COSTA ) ss . COUNTY OF On this 26th day of January , 198j, before me, the undersigned, a Notary Public in and for said State, personally appeared J.P. Harrington known to me or proved to me on the basis of satisfactory evidence to be the Assistant Secretary . xatmxk xxxxxxxxxxxxxxxxxxxxxxxlmvmxxx=xmxatxxmxxxpxXX'Xadxxicxxmxxxmxxicbecx ixxxxvf %MckizkmtxwVxgm&olmmxbax)Dxxxkkxxxxxxxxxxxxxxxxxxxxxx of Standard Gas Company, that executed the within instrument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same pursuant to its by- laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Signature: OFFICIAL SEAL MARCIA D. HiGHFiLL "� NOTA2Y PUBLIC - CALILORNiA CONTRA COSTA COUNTY My ccmmission F:�pires Sept, 29. 1989 (This area reserved for official seal) / Marcia D Highfill Name (Typed or printed) My commission expires:9/29/89 j COR""EO COPY Compared with Original RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: !EXEMPT C10 OFFICE OF THE CITY CLERK 2000 Main Street Huntington Beach, California 92648 A.P. 24-150-06 (por of) • A.P. 24-281-14 (por ofli 89-174628 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA PM30 APR 4 1989 0 .C6td.vZRECORDER J(This space for recorder's use) CORPORATION QUITCLAIM DEED STANDARD GASOLINE COMPANY (hereinafter "Standard Gasoline") a corporation organized under the laws of the State of California hereby REMISES, RELEASES, AND QUITCLAIMS to the CITY OF HUNTINGTON BEACH, a California municipal corporation, the following described real property: A d That portion of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 3, Page 36, of o� y �; G �o Miscellaneous Maps in the office of the � � c. County Recorder of said County, described as 0 151,0 ° follows: G mm m c Beginning at the centerline intersection of o U o o a Pacific Coast Highway and Lake Street, shown ~� m ° as Ocean Avenue and First Street respectively, on said mentioned map; thence along the centerline of Pacific Coast Highway ° U Z south 48 degrees 21142" east 37.50 feet to m m m;> the intersection with the southwesterly extension of the southeast right-of-way line a'N o r-4 A of Lake Street; thence south 41 degrees .n 6010 3811811 west 50.00 feet to the true point of o 0 " beginning; thence north 48 degrees 21142 b n a CO o west 1020 feet; thence south 41 degrees +J • 0 3811811 west 450 feet; thence south 48 degrees H 4+ ° o CL o rn 4r 2114211 east 175.00 feet; thence north 41 degrees 38118" east 250.00 feet; thence south 48 degrees 21142" east 845.00 feet; thence north 41 degrees 38118" east 200.00 feet to the true point of beginning. EXCEPTING AND RESERVING to Standard Gasoline, 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 otter 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 Standard Gasoline, 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 Standard Gasoline, 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 form 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 Standard Gasoline, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof. • .7 Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be deemed to reserve to Standard Gasoline, its successors and assigns, any 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. 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 Standard Gasoline 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 said real property. This quitclaim deed is made subject to all matters whether of record or not affecting the aforedescribed said land. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Vice President thereunto duly authorized. DATED: January 26, lgg� Standard Gasoline Company ON 0 .A.PP� jrr.TO C.�T ttorney L ; I; .! n y STATE OF CALIFORNIA ) CONTRA COSTA ) ss. COUNTY OF &AN-ixRANE3—,Tee ) 9 On this 26th day of January , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard J Harris known to me or proved to me on the basis of satisfactory evidence to be the President and J.P. Harrington known to me or proved tome on the basis of satisfactory evidence to be the Vice -President of Standard Gasoline Company, that executed the within instrument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Signature: MARCIA D. HIGHFiLL Marcia D Highfill NGIARYPUGIX CALIFORNIA CONTRA COSTA COUNTY Name (Typed or printed) C.xsxs a'y �mmissicn erp:rc; Sapt. 29. 19S9 �a'7L'3� (This area reserved My commission expires: 9/29/89 for official seal) f AGREEMENT FOR DEED OF GIFT BETWEEN THE CITY OF HUNTINGTON BEACH AND STANDARD GASOLINE COMPANY CONCERNING MAIN -PIER REDEVELOPMENT This a reement is entered into this �hday of da�+ttarr 1989 1 � --Nevefabei-,--1488- by and between STANDARD GASOLINE 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), 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 vs. Huntington Beach Company, et al., 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; 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 hereinabove mentioned without further litigation, NOW, THEREFORE, the parties hereto agree as follows: 1. General Provisions: 1.1 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. 1.2 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 2. 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. 2. 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 Standard Gasoline Company. Each party shall bear its own costs and seek no reimbursement from the other. 3. 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 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. 4. 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. 3. 5. Best 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. 6. Amendment: This agreement may only be amended by mutual written consent of the parties. 7. Duplication Originals: This agreement is executed in duplicate originals, each of which is deemed to be an original. 8. 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. OWNER agrees to execute and deliver to AGENCY concurrently with the execution of this Agreement, a quitclaim deed in the form of Exhibit "B" hereto and incorporated herein by reference. 4. STATE OF CALIFORNIA ) ss: COUNTY:_^F ORANGE ) On this c2/ day of 19 6Y , before me, a Notary+ Publ'c in and for said County and State, personally appeared p, : ' known to me to be the Mayor and ' G known to me to be the City Clerk of the City of Huntington teach, the municipal corporation that executed the within instrument, known to. me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. ..may, a.�:;-...�..•�, 0 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. STANDARD GASOLINE COMPANY ATTEST: City Clerk RF,VIEWED AND APPROVED: City Administrator .A 5. CITY OF HUNTINGTON- H Mayor APPROVED AS TO FORM: J'- --taLzTnnnii �i�t�y/ Attorne I ITIATED AND APPROVED: De y CityAdministrator STATE OF CALIFORNIA ) Can't �cs�.. ) s s . COUNTY OF -ORANGE ) On this 26thday of January 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard J Harris known to me or proved to me on the basis of satisfactory evidence to be the President , and J.P. Harrington known to me or proved to me on the basis of satisfactory evidence to be the Vice -President of STANDARD GASOLINE COMPANY, that executed the within instrument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, 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. Name k typeu UL YL 1111.CU ) (This area reserved for official seal) My commission expires: September 29, 1989 6. 06274A03/1B 66 0 4 : 3 1 P Iti T *LAWLERe F E L I X H A L L P 0 0 Is 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 419 381 18" west 50.00 feet to the true point of beginning; thence north 480 21' 42" went 1,020.00 feet; thence south 410 381 18" west 450.00 feet; thence south 48' 211 4210 east 175.00 feet; thence north 41. 381 1811 east 250 feet; thence south 48" 21' 4211 east 845.00 feet; thence north 410 38' 18" east 200.00 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 QUITCLAIM DEED STANDARD GASOLINE COMPANY (hereinafter "Standard Gasoline") a corporation organized under the laws of the State of California 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 degrees 21142" east 37.50 feet to the intersection with the southwesterly extension of the southeast right-of-way line of Lake Street; thence south 41 degrees 38118" west 50.00 feet to the true point of beginning; thence north 48 degrees 21142" west 1020 feet; thence south 41 degrees 38118" west 450 feet; thence south 48 degrees 21142" east 175.00 feet; thence north 41 degrees 38118" east 250.00 feet; thence south 48 degrees 21142" east 845.00 feet; thence north 41 degrees 38118" east 200.00 feet to the true point of beginning. EXCEPTING AND RESERVING to Standard Gasoline, 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 otter 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 Standard Gasoline, 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 Standard Gasoline, 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 form 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 Standard Gasoline, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof. Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be deemed to reserve to Standard Gasoline, its successors and assigns, any 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. 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 Standard Gasoline 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 said real property. This quitclaim deed is made subject to all matters whether of record or not affecting the aforedescribed said land. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Vice President thereunto duly authorized. DATED: January 26, Standard Gasoline Company rA M APPP tirF 1 TO ORM:, L:v 1;" `11 1'i A +� Forney STATE OF CALIFORNIA ) CONTRA COSTA ) ss. COUNTY OF &AN--PRANe1-&2e ) On this 26th day of January 9 1981Q, before me, the undersigned, a Notary Public in and for said State, personally appeared Ri chard J Harris known to me or proved to me on the basis of satisfactory evidence to be the President and J.P. Harrington known to me or proved tome on the basis of satisfactory evidence to be the Vice -President of Standard Gasoline Company, that executed the within instrument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Signature: '? OFFICIAL_ SEAL MARCIA D. HiGHFILL Marci a D Hi ghfi 11 NOTARY PUBLIC - CALIfURNIA CONTRA COSTA COUNTY Name (Typed or printed) My commission expire; Sept. 29. 1989 (This area reserved My commission expires: 9/29/89 for official seal) 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK March 28, 1989 CALIFORNIA 92648 Jeffrey W. Gates Lawler, Felix & Hall 700 South Flower Street Los Angeles, CA 90017 The City Council of the City of Huntington Beach at the regular meeting held Monday, March 20, 1989, approved the agreements for deed of gift between Chevron U.S.A., Inc., Standard Gasoline Company, and Standard Gas Company, and the City of Huntington Beach and accepted the quitclaim deeds. Enclosed are executed copy of the agreements for your records. Connie Brockway, CIVIC City Clerk CB:bt Enc. (Telephone:714-536-5227) REQUAr FOR CITY COUNCO ACTION Date February 24, 1987 Submitted to: Honorable Mayor Wes Bannister and Members of the City Council Submitted by:P4 DEFERRED ail Hutton, CityAttorney Prepared by: Robert Sangster, Deputy City Attorney BY COUNCIL Subject: TO: �� -- —do 4_ Pierside Condemnation �...�..' APPROVED BY CITY COUNCIL Consistent with Council Policy? [ X] Yes [ ] New Policy or Excep ion ? _ �0 �q f 19..._L Statement of Issue, Recommendation, Analysis, Funding Source, Alternati a Actions, Attachments: CITY CLERK if ISSUE Settlement of Chevron's real property interests in the Pierside Redevelopment Project. RECOMMENDED ACTION Approve the agreements for deed of gift between Chevron, U.S.A., Inc., Standard Gasoline Company, and Standard Gas Company, and the city and accept the quitclaim deeds. ANALYSIS Our staff attorneys have negotiated the settlement of a portion of the pending condemnation action involving the Pierside project. The settlement quitclaims all interests of Chevron USA, Inc. and its subsidiaries. We previously negotiated settlement of the interests of the Huntington Beach Company under a similar agreement. Outside counsel Justin McCarthy of Redwine & Sherrill continues to represent the Agency in all other aspects of the condemnation action (Redevelopment Agency v. Huntington Beach Company, et al.). They need to continue with the action as to the Southern Pacific Company and other outstanding interests. FUNDING SOURCE No cost to city. ATTACHMENTS Agreements and deeds. �.a P10 5/85