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HomeMy WebLinkAboutSTATE LANDS COMMISSION - 1984-10-15 ''TATE Or CALIFORNIA FOR RECORDERS USE ONLY STATE LANDS COMMISSION 9. RECORDED IN OFFICIAL RECORDS RECORDED AT THE REQUEST OF OF ORANGE COUNTY CALIFORNIA City of Huntington Beach EXEMPT 'g o�AM MAY 7'85 C16 "' ? c Q CouNry RECORDER WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH GMCe of the City Clerk P. 0. Box 190 W 23478 Huntington Beach, Calif. 92648 LEASE NO. PRC 6732 . 9 This Lease consists of this summary and the following attached and incorporated parts: Section 1 Basic Provisions Section 2 Special Provisions amending or supplementing ter. Section 1 or 4 Section 3 Description of Lease Premises This document is solely for the Section 4 General Provisions official business of the City of Huntington Beach, as contem— plated under Government Code Sec. 6103 and should be recorded SECTION 1 Free of eharne. BASIC PROVISIONS THE STATE OF CALIFORNIA,hereinafter referred to as Lessor acting by and through the STATE LANDS COM- MISSION 0 807- 13th Street,Sacramento,California 95814), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Administrative Code,and for consideration specified in the Lease,does hereby lease, demise and let to: C T T`.i OF 11 T,J«?m I iVGTON 'DF,.ACI hereinafter referred to as Lessee: WHOSE MAILING ADDRESS IS: 20n"0 laJl :.r S'L.eet. Huntington Beach, CA 92648 those certain lands described in Section 3 subject to the reservations,terms,convenants and conditions of this Lease. LCiwC 6 i E. visiai';Rc;t., LT,Li,'>.[", U_n "T 1. W,,:,. City of Huntington BeacTT_ LAND TYPE: Sovereign LOCATION: Orange County LAND USE OR PURPOSE: City Waterline and Storm Drain Easements TERM: Forty-nine (49 ) years; beginning September 26 , 1984 ending September 25 , 2033 unless sooner terminated as provided under this Lease. Public health and safety with the State reserving CONSIDERATION: $ -6o the right at any time to set a monetary rental for the use of the Lease Premises if the Commission finds such action to in the State ' s best interest. I Rsabjeetwto�ciciif�eat�ort by:Larssor as-°speeifiec}-.irr°f'aragrapfr�b}-of-Section 4. Form 51.15(7/94) 85--1 f 422G AUTHORIZED IMPROVEMENTS: Storm Drain, Waterline, Fire Hydrant 0 EXISTING: N/A XXTO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: September 26 , 1984 AND BE COMPLETED BY: uune 30, 1985 LIABILITY INSURANCE: N/A SURETY BOND OR OTHER SECURITY: N/A SECIION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS FOLLOWS: 1 . TERMINATION RIGHT: In the event of monetary consideration being set by the Commission for the use of the Lease Premises, as set forth in Section 1 ("CONSIDERATION" ) , Lessor and Lessee shall have the right to terminate the lease prior to such monetary consideration becoming effective. Such termination right may be exercised jointly or by either party individually. 2 . INDEMNITY: Paragraph 7 (a) of Section 4 of the Lease, shall be stricken from the Lease and is replaced with the following language: 7. INDEMNITY " (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless and, at the option of Lessor, defend Lessor, its officers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind and from or attributable to Lessee ' s improvements . " SECTION 3 J-- 1►� r�G,�G6 Land Description W 23478 Two teen foot wide easements for storm drain and "r,aterl ne purposes within the 2.95 acre parcel of land vested in the State of California, being within the northwest quarter of Fractional Section 19 , TSS, RlTW, SGM, in the Rancho Ca Bolsa Chica in the City of Huntington Beach , County of Orange, State of California, as shown on a map recorded in Book 51 , Page 13 of Miscellaneous Maps of said county, the centerlines of said ten foot wide easements being described as follows: Parcel l (Storm Drain BEGINNING at point in the southeasterly line of said State of California parcel distant thereon N 77' 57' 42" E 47.56 feet from the intersection of said southeasterly line with the southwesterly prolongation of the southeasterly line of the land described in deed to the Orange County Flood Control District by deed recorded in Book 4354, Page 4511 of Official Records; thence N 590 00' 00"• E 90.67 feet to a point herein referenced as point "A"; thence continuing N 59' 00' 00"' E 3.50 feet to the beginning of a tangent curve concave south- erly having a radius of 22.50 feet: thence northeasterly, easterly and southeasterly 31 .64 feet along the arc of said curve through a central angle of 80' 34' 33"; thence S 400 25' 27" E, 12.48 feet to a point in the southeasterly line of said state parcel described as S 660, 30' 47" W 140.77 feet, said point being N 66' 30' 47" E 45.52 feet from the southerly terminus of said course. ALSO, beginning at point "A as referenced above thence N 150 37' 43" E. 55.00 feet. Parcel 2 (Waterline) BEGINNING at a point in the southeasterly line of said State of California parcel distant thereon N 77° 57' 42" E, 95.32 feet from the intersection of said southeasterly line with the southwesterly prolongation of the southeasterly line of the land described in deed to the Orange County Flood Control Distric4 by "1­­_d recorded -1 n B ock 4=14, Pa j'2 ,c. . of Off tc4 a i Records; thence N 580 50' 00" E, 31 .09 feet; thence S 68° 14' TO" E, 5.00 feet to a point herein referenced as point "G"; thence continuing S 680 14' 10" E, 9. 15 feet to a point in the southeasterly boundary of said state parcel distant thereon N 660 30' 47" E 11 .65 feet from the southerly terminus of the course described as S 66" 30' 47" W 140.77 feet. ALSO, beginning at point "B" as referenced above; thence N'210 45' 50" E, 55.00 feet. END OF DESCRIPTION REVIEWED SEPTEMBER 13, 1984 BY BOUNDARY AND TITLE UNIT. J. r - ' SECTION 4 55--164226 GENERAL PROVISIONS 1, GENERAL pressly authorized in Section 1 or 2 of this Lease shall be con- These provisions are applicable to all leases,permits.rights-or. strutted by the Lessee on the Lease Premises without the we)-.easements,or licenses or other interests in real property con- prior written consent of Lessor. Losses shall notify Lessor veyed by the State Lands Commission. within ten 1101 days after Commencing the construction of authorized improvements and within sixty(60) days after 2. CONSIDERATION completing them. (a) Categories 11) Rental: 121 Alteration or Removal—Except as provided under this Lessee shall paythe annual rental as stated in Section 1 Lease,no alteration or removal of existing improvements on or 2 to Lessor without deduction,delay or offset,on or before Or natural features of the Lease Premises shall be undertaken the beginning date of this Lease and on or before each anni- without the prior written consent of Lessor. versary of its beginning date during each year of the Lease term. (d) Conservation: Lessee shall practice conservation of water and other natural (2) Royalty or other consideration: resources and shall prevent pollution and harm to the environ- Lasses shall pay a royalty or other consideration in the ment in or on the Lease Premises. amount method and manner as specified In Section 1 or 2. Is) Enjoyment: ""' --(M)' :tn•f.`•Gi:::;y Canti:Ma7��l:..i:� "-"�.:.`i:.y�ill E1�3:lase 3.Wl lAtCIUtis Les30e from excluding r� If a monetary rental,royalty,or other consideration is persons from the Lease Premises when their presence or activity not specified in Section 1 or 2.consideration to Lessor for this constitute a material intenerence with Lessee's use and enjoy- Lease shall be the public use. benefit, health or safety.as ment of the Lease Premises as provided under this Lease. appropriate, however Lessor shall have the right to review such consideration at any lime and to set a monetary rental if (f) Discrimination: the State Lands Commission, at its"*discretion. deter- Lessee in its use of the Lease Premises shall not discriminate mines that such action is in the best interest of the State. against any person or class of persons on the basis of race.color. Lessee shall notify Lessor within ten(101 days in the went deed.national origin,sex.age.or physical handicap- that the public is charged any direct or indirect fee for use and :_enjoyment of the Lease Premises. (g) Residential Use: INITIAL ":' ' Unless otherwise allowed under this Lease,improvements Modification on the Lease Premises shall not be used as a residence or for the % may modify the amount or rate of consid�,n tion purls of mooring a lloatinq residence. live one h anniversary of the beginning date ease. / Should Lessor o exercise such right aH any fifth 5. RESERVATIONS,ENCUMBRANCES AND RIGHTS-OF-WAY anniversary it may active on any of the next four(4) (s) Reservations: annivarsarias fallowing s h eery,without prejudice (t) Lessor expressly reserves all natural resources in or on T14ITIAZ♦ right to effect such on the next or any sl,cceed- the Lease Promises. including but not limited to oil.coal. ing fifth anniversary. odificatioN the amount or rate of natural gas and other hydrocarbons.minerals.aggregates. c - ideration ursuant to this pare h shall conform timber and geothermal resources,as well as the right to grant to Title 2. ' on 3 of the California Administrate ode and rto leases in and over the Lease Premises for the extraction of su �ftcation shelf become effective unless Less iv such natural resources, however such leasing shall be ten notice at least sixty(60)days prior to the effective neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (e) Penalty and Interest Any installments of rental, royalty, or other consideration 12) Lessor expressly reserves a right to go on the Lease accruing under this Lease not paid when due shall be subject too Premises and all improvements for any purpose associated penstty and shall bear interest as specified in Public Resources with this Lease or for prying out any function required by Code Section 6224 and Section 2. law,or the rules,regulations or management policies of the State Lands Commission.Lessor matt have a right of teasen- �' '1 3. 8QJ'iUAR:ES able access to the Lease Premises across Lessee owned or This Lease is not intended to establish the State's boundaries and occupied lands adjacent to the Lease Premises for any pur- is made without prejudice to either party regarding any boundary pose associated with this Lease. dairrs which may be asserted presently or in the future. (3) Lessor expressly reserves to the public an easement 4. LAND USE for convenient access across the Lease Premises to other Is) General: State-owned lands located near or adjacent to the Lease Lessee shall use the Lease Promises only for the purpose or Premises and a right of reasonable passage across and along purposes stated in Section t or 2 and only for the opetalion and any right-of-way r' granted by this Lease,however.such ease. maintenance of the improvements authorized in Section 1 or 2. ment or right-of-way shall be neither inconsistent nor in- Lessee shall commence use of the Lease Premises within ninety compatible with the rights or privileges of Lessee under this 1301 days of the beginning date of this lease.Thereafter Lessee's Lease. discontinuance of such use for a period of ninety 1901 days shall to conclusively presumed to be an abandonment. (4) Lessor expressly reserves the right to lease.convey.or encumber the Lease Premises,in whole or in part,during the lease term for arty purpose not inconsistent or incompatible 1b) Repairs and Maintenance: with the rights or privileges of Lessee under this Lease. Lessee shall, at its own expense• keep and maintain the Lease Premises and all improvements in good order and repair 1b) Encumbrances: and safe condition. This Lease may be subject to pre-existing contracts.leases. licenses,easements. encumbrances and claims and it is made It) Additions.Atterations and Removal: without warranty by Lessor of title,condition or fitness of the%and 11) Additions — No improvements other than those ex- for the stated or intended use. Form 51.15(7184) 85--164226 (c) Rights-of-Way 10. ASSIGNMENT,ENCUMBRANCING OR SUBLETTING If this Lease is for a right-of-way covering one or more pipe- (a) Lessee shall not either voluntarily or by operation of law, lines or conduits,the Lease Premises include only land actually assign,transfer,mortgage,pledge,hypothecate or encumber this underlying the pipelines or conduits,and Lessor hereby grants to Lease and shall not sublet the Lease Premises,in whole or in part, Lessee a non-exclusive right to go onto the lands adjacent to the or allow any person other than the Lessee's employees,agents, Lease Premises as is reasonable and necessary for installation, servants and invitees to occupy or use all or any portion of the ; inspection and maintenance of the pipelines or conduits. Lease Premises without the prior written consent of Lessor. 6. RULES. REGULATIONS AND TAXES (b) This Lease shall be appurtenant to littoral or riparian land (a) Lessor and Lessee shall comply with and be bound by all and any ownership interest or use rights of Lessee in such lands IY existing subsequently enacted rules, regulations, and it shall not be severed from such rights or interests without I present existi or su the prior written consent of Lessor. statutes or ordinances of the Slate Lands Commission or any other governmental agency or entity having lawful authority and 11. DEFAULT AND REMEDIES jurisdiction. (a) Default: (b) Lessee recognizes and understands in accepting this Lease The occurrence of any one or more of the following events shall constitute a default or breach of this Lease by Lessee: that it may be liable for a possessory interest taxi mposed by a city or county on its leasehold interest and that its payment of such (11 Lessee's failure to make any payment of rental,royalty, a tax shall not reduce the amount of consideration due Lessor under this Lease and that Lessor shall hwe no liability for the or other consideration as required under this Leese. payment of such a tax. _ _.(�__>�;;;c;,•t'ailuraso:, &41iora-ziruinlie i!!ty-Ase*_r._s XmAMiTY or a surety bond or other security device as required under this Lease. ssor shall not be liable and Lessee shall indemn" eoptionoi Lessor.defe sotficers, (3) Lessee's vacation or abandonment of the Lease agents.a:any pl and all liability,claims, Premises during the Lease term. injuries a cause,occurring on VITIAItgF' s or improvements• or are f or con_ 4 �n wa with the issuance of this Lease. l ) Lessee's failure to observe or perform any ocher term, y covenant or condition of this Lease to be observed or per- formed by the Lessee when such failure shall continue fora (b)_ Lessee shall give prompt notice to Lessor in case of any period of sixty(60)days after Lessor's giving written notice. at ciderrli injury or casualty on the Lease Premises. however,if the nature of Lessee's default or breach is such that more than sixty(BUJ days are reasonably required for its =" S. LIABILITY INSURANCE cure, then Lessee shall not be deemed to be in default or Is) If so specified in Section 1 or 2.Lessee shall obtain at its breach if Lessee commences such cure within such sixty(60) _. own expense and keep in full Ioma and effect during the Lease day period and diligently proceeds with such cure to term with an insurance company acceptable to Lessor compre• completion. hensive liability insurance,for specified categories and amounts, insuring Lessee and Lessor against any and all claims or liability {b) Rrrnredies: arising out of the ownership,use.occupancy,condition or main- In the event of a default of breach by Lessee and Lessee's tenance of the Lease Premises and all improvements. failure to cure such default or breach.Lessor may st any time end with or without notice do any one or more of the following: {bl The insurance policy or policies shall name the State as an additional insured or co-insured parry as to the Lease Premises (1) fie-enter the Lease Premises,remove all persons and and shall identify the Lease by its assigned number.Lessee shall property,and respossess and enjoy such premises. provide Lessor with a certificate of such insurance and shall keep such certificate current. (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective k) The liability insurance coverage specified in this Lease shall be upon Lessors giving written notice and upon receipt of such in affect at all times during the Lease term and subsequently notice Lessee shall immediately surrender possession of the until all of the Lease Premises have been either accepted as im• Lease Premises to Lessor. provdd t;• __ear _r-9.term,n 13 (3) Maintain this Lease in full force and effect and recover any rental.royalty,or other consideration as they become due 9, SURETY BOND Is) If so specified in Section 1.Lessee shall provide a surety bond of whether terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease or other security device acceptable to Lessor, for the specified Premises amount, and naming the State of California as the assured,to guarantee to Lessor the faithful observance and performance (4) Exercise any other tight or remedy which Lessor may by Lessee of all of the terms, covenants and conditions of this. have at law or in equity. Lease. 12. LESSEE'S TERMINATION (b) Lessor may increase the amount of the surety bond or other Lessee may terminate this Lassa for any reason upon giving ' security device to cover any additionally authorized improve- Lessor at least sixty(60)days prior written notice.Lessee agrees that ments. alterations or purposes and any modification of on the effective date of termination it shall responsibly leave and consideration. surrender the Lease Premises to Lessor in a state of good order. condition, repair,and restoration as provided under Paragraphs 4(b) (c) The surety bond or other security device shall be maintained and 13.The exercise of such right of termination shall not release in full force and effect at all times during the Lease term and sub- Lessee from liability for any unpaid but accrued rental,royalty or other sequenity until all of the Lease Premises have been either consideration which may be due under this Lease of from any other accepted as improved by Lessor or restored pursuant to Para- obligations still applicable under the Leas@. No portion of any rental graph 13. paid by Lessee in advance shall be refunded. r STATE OF CALIFORNIA } ss: CouNV of owa M 226 on this _� � day of L6 , 19 4:C_, before me, a��Notary Public in and for said County and State, personally appeared i-t'.fft-les [ff Tlrm , known to ae to be the-Mayer L"$/�il��a•s/rafcr Z _..and - - k-._ to n e Y _ of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. STATE OF CALIFORNIA ) } ss COUNTY OF SACRAMENTO ) On this day of , 19 before me, the undersigned a Notary Public ' a7d for the State of California, with principal office i the County of Sacramento,personally appeared personally known to me (erprorro'rt he-basis � J eme) to be the person who executed this instrument as ,�" a. �,g ,d ec of the STATE LANDS COMMISSIONISTATE OF CALIFORNIA, the Commission that executed the within instrument, known to be the person who executed the within instrument, on behalf of the Commission there named and acknowledged to me that such Commission executed the within instrument pursuant to a resolution of its Commissioners. WITNESS my hand and official seal. �:T'ual:a!tla::us:a:n:aa�t:rrr::::!:a!r:�:r:;•t - - • •tr:rrr:urnrururrrYtrtn -- -- y Ors Lug:SFµ --- ■- voNOWZY JZNN-WER K. AHEsvZo �'r PL'P..l�.--•CAL1=4RNIA �'t ' �Prind�IGflkaj�Sc+crin.r,�.�roCouny � N fir "'Y can �'ort e,FI=K k,nr_A f8,tPEG NbTAR Y UBLIC M AND FOR THE ;+,uru;u„1,Inrnrrrrr un,tu,u,t;runny:+n:nnrrrnruurnl:urr:nrrur� ATE OF CALIFORNIA 85. 164226 13. RItSTORATiON OF LEASE PREMIZVS (2) Ari$ ch waiver shall not be deemed to be a waiver of (a) Upon expiration or sooner termination of this Lease,Lessor any other term,covenant or condition or any other def null or may accept lilt or any portion of the Lease Premises,as then Inn breach of any term covenant or condition of this Lease. proved with structures,buildings,pipelines,machinery.facilities and fills in place: or Lessor may require Lessee to remove all (b) Time: or any portion of such Improvements at its solo expense and ri* Time is of the essence of this Lease and each and all of its or Lessor may itself remove or have removed all or any portion of terms.covenants or conditions in which performance is a factor. such improvements at Losses's sole expense. (c) Notice: (V in removirq arty such improvements Lessee shall restore the A11 notices required to be given under this Lease shall be Lease Promises as nearly as possible to the conditions existing given in writing,sent by United States mail with postage prepaid. p-ior to their installation or construction. to Lessor at the of ices of the State Lands Commission end to Lessee at the address specified In Section 1.Lasses shall give (c) All such removal and restoration shall be to the satisfaction Lessor notice of any change in Its name or address_ of Lessor and shalt be completed within ninety 190 days of the e1(pirstion or sooner termination of this LNse. (d) Consent: Wh rs•Lessor's consent Is required under this Lease its 14. CUf7CLAIM consent for one transaction or event shall not be deemed to be a Lessee shalt,within ninety(901 days of the expiration or sooner consent to any subsequent occurrence of the tame or any other termination of this Lease, execute and deliver to Lessor In a form transaction or event. Provided by Lessor a good and sufficient release of all rights und*rthis Leasn.Should Lessee fail or refuse to deliver such a release.a written (e) Changes: notice by Lessor reciting such failure or refusal shall,from the date of This Lease may be terminated and its term,covenants and -'r its recordation,be ennclutive evirteney Polvinst Loimm bed all exher ___ _ _-conditions amended,revised or suvolemented by mimial agree. claimants of the termination of tnis Lease rind any rights or interests ment of the parties. of Lessee in the Lease P:.,misss. �: }• If) Successors: is. HOLDING-OVER The terms, covenants and conditions, of this Less* shall 1 Any holding-over by Lessee after the expirmion of the Lease term, extend to and be binding upon and inure to the benefit of the heirs. with or without the express or implied consent oI lesser,shall con. successors,and assigns of the respective parties and if more than stitute a lenancy from month-to-month and not an extension of the one Lessee is a party to this Lease,the obligations of the Lessees Lease term and shall be on the terms,convenents and ewditions of shall be joint and several. this Lease with rental, royalty or other consideration payabie in 1 advance on the first day of each month, at the rate of one-twelfth 11/12th►of the annual amount. 19) Captions: The captions of this Lease are not controlling and shall have 10. ADOMOHAL PROVISIONS no etfact upon its construction or interpretation. `• (s) waiver. (11 No term, covenant or condition of this Lease and no • default or breach of any such term,covenant or condition (h) Seversbility: shall be deemed to have been weived.byLessor'saccepiance if any term,covenant or condition of this Lease is judicially of a late or nonconforming performance or otherwise,unless determined to be invalid,it shalt be considered deleted and shall such a waiver is expressly acknowledged by Lessor in not invalidate any of the remaining terms, covenants and writing, conditions. . STATE OF CALIFORNIA—STATE LANDS COMMISSION LEASE P.R.C. No. This lease will become binding upon the State only when duty executed on behalf of the State Lands Comrnissic+n of -� the State of California; iN WITNESS WHEREOF. the parties hereto have executed this lease as of the date hereafter affixed. LESSEE CITY OF HUNTIi'dGTON BEACH STATE OF CALIFORNIA f STATE,,LANDS COMMISSION_ r City Adrm minis-strator By �epuil'Z7ifLr - - - - Y V Division of Land A ST.:_ Title r_(),"Z,TVd;)Qn / � gate APR' 9 1985 City Clerk N,1 y d WV#-)7Z49 ToA✓ 'Be-W r A 7iPPR0VM `11S TO FORM-p CAIL MiTTOIT, City Attorney _ ` l T'y: DL;�t`; L' tt rnsy - "The issuance of this lease was authorized y the State ACKNOWLEDG�E�MENT- r lands Comrnision on - IMonth bSV year) Form 51.1 S 17i841 r � RESOLUTION NO. 5456 A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH THE CALIFORNIA STATE LANDS COMMISSION FOR CITY WATER AND STORM DRAIN EASEMENT WHEREAS, development on Countess Drive in Huntington Harbour requires an easement on state lands for utilities, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby approves and authorizes the City Administrator to execute a lease with the California State Lands Commission for a water and storm drain easement over state lands for the construction and installation of a storm drain, ` waterline and fire hydrant. A copy of the lease is attached hereto and by this reference incorporated herein. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting t eof he on the 15t day of October , 1984. y ATTEST: APPROV O FO • 1 City Clerk - �'� /p-io-ryCity Attorney REVIEWED APPROVED: INITIATED AND APPROVED: Z/'� 4z'(� City Adminit tra o Dir for o —Public — Works-. 1 4 c S ahb 10/10/84 0262L No. 5456 i r '+ s,rA'TE OF CALIFOTL41A ) COUMN OF ORANGE ) ee CITY OF HUNTINGTON BEACH } I, ALICIA M. WENIWORTH, the duty elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular - meeting thereof held on the 15th day of _ OctnSer_ __ , 19 84 ,, by the following vote: AYES: Councilmen: MacAllister, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest 1- a 19 J-s AfJCIA M. W City Clerk and Ex-off icio Clerk of the City Council of the C1ty of Huntington Beach, Sol Cal. By c. Deputy � 1, 44 CITY OF HUNTINGTON BEACH 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 3, 1985 Debra K. Townsend, Land Agent State Lands Commission 1807 - 13th Street Sacramento, CA 95814 RE: Lease PRC 6732.9 - City Waterline & Stormdrain Easements Enclosed is a recorded copy of the General Lease - Public Agency Use - Lease No. PRC 6732-9 for City waterline and storm drain easements. We will forward a recorded copy of Lease No. PRC 6619.9 relative to the municipal pier, when it is returned from the recorder. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosure CC: Paul Cook, Director of Public Works ITNepharra=714-536-5227) 1CITY, OF HUNTINGTON BEACH e� 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK ��4• c�F i Aoril 23, 1985 Lee A. Branch, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find Lease PRC 6732.9 and Lease PRC 6616.9 to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Bain Street, Huntington Beach, CA 92648. Thank you. Alicia M. Wentworth City Clerk MIW:bt Enclosures R IC 173-2 . 9 - ep - Record I^� 3y � (Telephone:714-53"2271 STATE 0FCALIFORNIA GEORGE DEUKIMEJIAN,Go f"f STATE LANDS COMMISSION EXECUTIVE OFFICE 1W7-Im strea KENN".TH CORM,Controflw sarm"N",WHO 9"14 LEO T.I0 CARTHY,LhvfttmW Gommorr JESSE R."U". ncror Of Fkwxe '� Q�H�S�C Q � e W Rt T.oeDi1 fcK D r r, � 'QY January 23, 1985 File Ref : PRC 6732. 9 Ms. Alicia M. Wentworth City Clerk Office of the City Clerk P. O. Box 190 Huntington Beach, California 92648 Dear Ms. Wentworth: Enclosed is your fully executed General Lease - Public Agency Use, Lease No. PRC 6732. 9, for the City waterline and storm drain easements, Orange County. Your cooperation in this transaction is appreciated. Sincerely, DEBRA K. TOWNSEND Land Agent (916) 322-1219 Enclosure 11881 ` P REQUESY FOR CITY COUNCIL'--'ACTION Data September 20w 1984 ca��1y Submitted to: Honorable Mayor and City Council Submitted by; Charles W. Thompson, City Administrato Prepared by: Paul E. Cook, Director of Public Works Sub,ect: State Lands Commission Lease Agreement o. 5"i Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: �— The Mola Project on Countess Drive in Huntington Harbour requires an easement across State Lands for utilities. RECOMIMENDATION: Adopt t e Resolution approving the lease for a City waterline and storm drain easement over State-owned land. ANALYSIS: The Mola Development Corporation has an approved project at the west end of Countess Drive in Huntington Harbour. The project is served by public utilities which are designed to cross a future parking lot adjacent to the Mola property. The State is agreeable to granting the City a lease for a water and storm .drain easement over the State land. ALTERNATIVE ACTION: Do not approve Me- lease and require Mola Development to redesign the waterline and storm drain outside State Lands. FUNDING SOURCE: NIA; none required. ATTACHMENTS: 1. Resolution 2. Lease Agreement CWT:PEC:LE:jy No 4181 v- ' i ■III yV, CITY OF HUNTINGTON BEACH 4 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK ,January 14, 198t Debra Townsend, Land Agent State Lands Commission 1807 13th Street Sacramento, CA 95814 Enclosed are two original lease agreements between the City and the State for City waterline and storm drain easements adjacent to Countess Drive on state property. This agreement was approved by our City Council on October 15, 1984. Also enclosed are two certified copies of City Council Resolution No. 5456 approving said lease. Please return one fully executed copy of the lease to the Office of the City Clerk, P.O. Box 190, Huntington Beach, CA 92648. , W Alicia M. Wentworth City Clerk A,MW:cb enc. cc: Paul Cook, Director of Public Works f Tnlephnne- 714 536 52271 + •,,, CITY OF HI.ANTINGTON BEACH 'f 2000 MAIN STREET CALIFORNIA 92648 /) Paul E. Cook N Public Works Department Director �) (714) 536-5431 V October 17 , 1984 . Gam..✓ Debra Townsend Land Agent. State .Lands Commission State Lands Division 1807 13th Street Sacramento, CA 95814 Dear Debby: Attached are two copies Gf the lease fog City waterline and storm drain easements adjacent to Countess Drive on State property. Also attached are two copies of City Council Resolution No. 5456 approving this lease. You should note that our City Attorney r,.-vised the considera- tion section of the lease since we feel the utilities to be installed on your property is sufficient consideration for the lease. I hope you will agree to' this . Please return one fully executed copy of this when it becomes available. —Sincerely, Paul E. Cook Director of Public Works PEC: jy Attach. cc : Connie Brockway Les Evans Dick Marlow OF CITY ATITORNEY L 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 e I cAIL 14UTTON 27 December 1984 TELEPHONE ' (7141 5364MS Debbie Townsend State Lands Commission 1807 13th Street Sacramento, California 95814 Re: Agreement for City Waterline and Storm Drain Easements Dear Debbie: we have approved and return the attached agreement. It will need to be approved by our City Council. Very truly yours, GAIL MUTTON City Attorney By ��r�/� �.G,t .i• ofT C. SANGSTER Deputy City Attorney GEi:RCS:ahb cc: Paul Cook, Director, Public Works Department Enc.