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HomeMy WebLinkAboutMAKALLON ATLANTA HUNTINGTON BEACH - 2001-07-16VXX CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCILI REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: July 19, 2001 TO: Nossaman,Guthner, Knox & Elliott, LLP ATTENTION: John Erskine, Esq. Name 18101 Von !Carman Ave., Suite 1800 DEPARTINIENT: Street Irvine, CA 92612-1077 REGARDING: Makallon Atlanta City, state, Zip Huntington Beach, LLC Revocable License Agreement See Attached Action Agenda Item E- Date of Approval 7/ 16/01 Enclosed For Your Records Is An Executed Cope Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance RCA Deed Other CC: R. Hagan __ _ Com. Serv. x x Name Department RCA Agreement _ Insurance Other J. Engle Com. Serv. x x Name Department RCA Agreement Insurance Other Tame Department RCA Ag-cerrent Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Insurance 1 Telephone: 714535•6227 ) Council/Agency Meeting Held: Deferred/Continued to: *Approved ❑ Conditionally Approved ❑ Denied pal'- W Cler S Signature Council Meeting Date: July 16,.2001 Department ID'Number: CS01-047 SUBMITTED TO: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION HONORABLE MAYOR AND CITY SUBMITTED BY: RAY SILVER, City Adrnini PREPARED BY: RON HAGAN, Director, Community L MEMBERS SUBJECT: APPROVE AGREEMENT WITH MAKALLON ATLANTA HUNTINGTON BEACH, LLC FOR A TEMPORARY STAGING AND STORAGE AREA FOR THE CITY'S BEACH MAINTENANCE EQUIPMENT. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments] Statement of Issue: There is a need to enter into a revocable license agreement with Makallon Atlanta Huntington Beach, LLC for 30,000 square feet at the corner of First Street and Pacific Coast Highway for staging and storage of beach maintenance equipment while the Beach Maintenance Facility is being built. Fundine Source: NIA Recommended Action: Motion to: Approve and authorize Mayor and City Clerk to sign license agreement with Makallon Atlanta . Huntington Beach, LLC for use of 30,000 square feet at the corner of First Street and Pacific Coast Highway for staging and storage of beach maintenance equipment. Alternative Action(s): Do not approve license agreement with Makallon Atlanta Huntington Beach, LLC and direct staff to seek alternative locations for staging and storage of beach maintenance equipment while the Beach Maintenance Facility is being built. Analysis: The Beach Maintenance Operation had previously staged maintenance equipment on the city -owned property at the end of Edison Way. When construction was going to begin on that site for the permanent Beach Maintenance Facility, staff explored alternative locations for staging and storage of beach maintenance equipment. Makallon Atlanta Huntington Beach, LLC (Makallon) indicated a willingness to allow the city to utilize 30,000 square feet at the comer of First Street and Pacific Coast Highway. Makallon owns the 31-acre site at that location. i REQUEST FOR COUNCIL ACTION MEETING DATE: July 16, 2001 DEPARTMENT ID NUMBER: CS01-047 Makallon has permitted the city to utilize the site on an interim basis until the license agreement could be prepared and forwarded to City Council. To date, there have been no issues arising relative to the city storage equipment such as dump trucks, pick up trucks, trailers, sweepers, back hoes, bobcats, vacuum trucks, beach rakes, etc. on the site. Staff does place oil pans below engines to prevent any engine fluids from leaking onto the soil to prevent potential impact to the site. This is due to the fact that the city, per the agreement, is responsible for the remediation and any environmental laws impacted due to its, use of the site. The 31-acre site is currently fenced. Staff has also added interior fences on the north and east sides of the area designated for their use so that the temporary staging area is completely fenced. The agreement is for a period of one year, beginning from the initiation of the interim use in March. The agreement allows for extensions as needed with mutual written agreement. The agreement can be terminated with 60-day prior written notice by either party. Real Property Division of Administrative Services has been the city liaison interacting with Makallon. The City Attorney has prepared the revocable license agreement. Environmental Status: NIA Temporary Use Attachment(s): RCA Author: Jim B. Engle 01-047 Agreement with Macallon for Beach Storage -2- 715/01 7:38 AM 0 • ATTACHMENT #1 E :7 REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MAKALLON ATLANTA HUNTINGTON BEACH, LLC, FOR A TEMPORARY STAGING AND STORAGE AREA FOR THE CITY'S BEACH MAINTENANCE EQUIPMENT ' RECITALS A. Makallon Atlanta Huntington Beach, LLC ("Makallon"), is the owner of record of that certain unimproved parcel of real property consisting of approximately 31 acres, situated at Pacific Coast Highway and Atlanta Street between Huntington Street and First Street, and more specifically described in Exhibit A, attached hereto and incorporated herein by reference (the "Subject Property"). B. The City of Huntington Beach ("City") needs the use of a temporary site on which to stage and store its beach maintenance equipment pending the completion of construction of its new Beach Maintenance Facility, to be located near the intersection of Newland Avenue and Edison Way. C. Makallon, as a gesture of community spirit and goodwill, has agreed to make available to the City, without charge, but on the terms of this Agreement, an approximate 30,000 square foot area (229 feet by 131 feet) of the Subject Property for the City's use as a temporary staging and storage area for its beach maintenance equipment (the "Temporary Staging Area"'). D. A diagram of the Temporary Staging Area is attached hereto as Exhibit.B•and incorporated herein by reference. GRANT OF LICENSE NOW, THEREFORE, in consideration of the mutual promises of the parties: 1. The effective date of Revocable License Agreement ("Agreement") shall be March 1, 200I. As used in this Agreement, Makallon shall be deemed a licensor and the City shall be deemed a licensee. 2. Makallon grants to the City, and its officers, employees, agents and representatives, a revocable license to enter upon, use and occupy the Temporary Staging Area, primarily for the storage of its beach maintenance equipment (e.g., dump trucks, pick-up trucks, trailers, sweepers, backhoes, bobcat loaders, vector (vacuum) trucks, rakes, etc.). 3. Unless sooner terminated as provided for herein, the initial term of this Agreement shall be for a period of one (1) year, commencing on March 1, 2001, and ending on March 1, 2002. The term of this Agreement may be extended beyond March 1, 2002, by mutual written agreement of the parties; which agreement shall take the form of an amendment to this Agreement. 209413 vl RM Agree: CHP License Agmt. RLs 2001-0127 713/01 4. During the initial one (1) year term of this Agreement, the City shall not pay any fees or monies to Makallon for the use and occupation of the Temporary Staging Area. However, if the term of this Agreement is extended beyond the initial one (1) year period, Makallon reserves the right to charge the City a reasonable fee for the latter's continued use and occupation of the Temporary Staging Area. 5. As part of the license granted to the City by Makallon under this Agreement, the City, its officers, employees, agents and representatives, shall have the right of ingress and egress to the Temporary Staging Area through a gate situated along the First Street frontage of the Temporary Staging Area. To protect its property stored within the Temporary Staging Area, the City may place a lock on the gate, for use by its officers, employees, agents and representatives. 6. As of the effective date of this Agreement, chain -link fencing exists along the Pacific Coast Highway and First Street frontages of the Temporary Staging Area. As part of the license granted to the City by Makallon under this Agreement, the City, at its own cost and expense, may install and maintain chain -link or similar fencing along the two remaining interior sides (the north and east faces) of the Temporary Staging Area. 7. The City shall not, as part of this Agreement, , install or provide any water or electrical facilities to, or construct any improvements whatsoever on, the Temporary Staging Area. However, as part of the license granted to the City by Makallon under this Agreement, the City may install, service and maintain not more than two (2) temporary, outdoor toilets for the use of its officers, employees, agents and representatives. 8. The City accepts the Temporary Staging Area in its present and "as is" condition. 9. The City shall bear the sole risk of loss or damage to any of its equipment which loss or damage occurs while such equipment is stored or -situated within the Temporary Staging Area; so long as such loss or damage does not result from the sole negligence or willful misconduct of Makallon, its officers, employees, agents or representatives. 10. The City shall indemnify, defend and hold Makallon, including without limitation its officers, directors, agents, representatives, employees, contractors and consultants and each of their respective successors and assigns of Makallon, or shareholders or members of such affiliates, free and harmless of, from and against any and all claims, demands, losses, penalties, liabilities, suits, actions, judgments, expenses and damages, including without limitation attorneys' fees, arising out of, resulting from or in any way related to its use or occupancy of the Temporary Staging Area which otherwise is the result of this Agreement or of any of the rights granted hereunder, as well as any liability or cleanup and remediation relating to the release or placement of hazardous materials (except for preexisting hydrocarbon or other chemical contamination) on the Subject Property or the breach of any environmental laws by the City, its officers, employees, agents and representatives. The foregoing shall not however result in the City being responsible for loss or damage which is caused by the sole negligence or willful misconduct of Makallon. The obligations of the City under this Section 10 shall expire four (4) years from the expiration date or earlier termination of the license. 209413 vl RJW: Agrce: CHP License Agmt. RLS 2001-0127 7/3/01 11. Either party, on at least sixty (60) days prior written notice to the other party, may terminate this Agreement, for any reason, with or without cause. As of the end of such sixty (60) day period, the City's right to use and occupy the Temporary Storage Area shall cease and the City: (a) shall deliver up to Makallon, possession of the Temporary Storage Area in the same condition as the City received it, reasonable wear and tear excepted; (b) shall have removed, at its own cost and expense, all of its equipment from the Temporary Storage Area; and (c) shall have removed, at its own cost and expense, the fencing it installed along the two interior sides of the Temporary Storage Area; as well as any temporary outdoor toilets placed by it within the Temporary Storage Area. The provisions of subsections (a), (b) and (c) of this Paragraph 11 shall also apply to the expiration of the term of this Agreement. 12. This Agreement embodies the final agreement of the parties and supercedes any prior contrary or inconsistent written or oral agreement or agreements between them. This Agreement may be amended or modified only by another duly executed written instrument signed by the parties. Should any suit or action be taken or filed to enforce this Agreement, or to declare the rights of the parties with respect to it, or to interpret or construe the terms or provisions of this Agreement, each party shall bear its own respective attorney's fees and court costs. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California �,. Mayor ATTEST -- City Clerk 67-IVOI AS TO FORM: City Attorney INI511JED AN9 >fPROVED: Director of CommiWy Services 19ci`lI3W01"MIWE City Administrator 209413 vl RJW: Agree: CHP License Agmt. RLs 2001-0127 7/3/01 MAKALLON ATLANTA HUNTINGTON BEACH, LLC By: MAKAHB, LLC, a Delaware limited liability company By: MAKALLON, LLC, a Delaware limited liability company, its Member By: Makar Properties, LLC, a Delaware limited liability company, its Managing Member By: Makar Holdings, LLC, a Delaware limited liability company, its Managing :Member By: Paul Makarechian, Managing Member 209413 v] RJW: Agree: CHP License Agmt. RLs 2001-0127 7001 EXHIBIT A LEGAL DESCRIPTION 204413 v] RJW: Agree: CHP License Agmt. RLS 2001-0127 713101 • • DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL A-1: THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS ?MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 40 FEET IN WIDTH, DESCRIBED IN DEED TO THE SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED JUNE 14, 1899 IN BOOK 44, PAGE 66 OF DEEDS; SAID POINT OF BEGINNING BEING A LINE AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH, AND 40 FEET NORTHEASTERLY FROM A POINT IN THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH, SAID LAST MENTIONED POINT BEING NORTHWESTERLY, MEASURED ALONG THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH, 1610.41 FEET FROM THE POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE WITH THE EAST LINE OF SAID SECTION 14; THENCE FROM SAID POINT OF BEGINNING, NORTHEASTERLY AT RIGHT ANGLES TO THE NORTH-EASTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH, 30 FEET, MORE OR LESS, TO A POINT IN THE SOUTHWESTERLY LINE OF THE STRIP OF LAND 60 FEET IN WIDTH DESCRIBED IN DEED TO THE LOS ANGELES INTER -URBAN RAILWAY, RECORDED NOVEMBER 7, 1906 IN BOOK 139, PAGE 9 OF DEEDS; THENCE NORTH 53 DEGREES 06 WEST ALONG THE SOUTHWESTERLY LINE OF SAID STRIP OFLAND60 FEET WIDE, 906.7 FEET, MORE OR LESS, TO THE POINT OF BEGINNING OF A CURVE IN THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND 60 FEET WIDE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 5699.65 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 261.67 FEET TO THE END OF SAID CURVE; THENCE NORTH 55 DEGREES 43' WEST 102.3 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH, TO THE POINT OF BEGINNING. PARCEL A-2: THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER AND THE NORTH ONE-HALF OF`THE SOUTHEAST ONE -QUARTER OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF THE 40-FOOT STRIP OF LAND DESCRIBED IN DEED TO THE SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED .TUNE 14, 1899 IN BOOK 44, PAGE 66 OF DEEDS, WHICH POINT IS 1610.41 FEET, MEASURED ALONG THE SOUTHWESTERLY LINE OF SAID 40-FOOT STRIP, FROM THE EAST LINE OF SAID SECTION 14, THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF SAID 40-FOOT STRIP OF LAND TO THE HIGH 71DE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG THE HIGH TIDE LINE OF THE PACIFIC OCEAN TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH ALONG SAID WEST LINE TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 4 IN THE DEED TO THE LOS ANGELES INTER -URBAN RAILWAY COMPANY RECORDED APRIL 9, 1907 IN BOOK 155, PAGE 260 OF DEEDS; THENCE SOUTH 55 DEGREES 43' EAST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 4 TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID 40-FOOT STRIP OF LAND DESCRIBED IN DEED TO THE SANTA ANA AND NEWPORT RAILWAY COMPANY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID 40-FOOT STRIP OF LAND, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, ALL THAT PORTION INCLUDED WITHIN THE BOUNDARIES OF THE PARCEL OF LAND DESCRIBED AS PARCEL I IN THE DEED FROM HL'NMGTON BEACH COMPANY TO LOS ANGELES INTER -URBAN RAILWAY COMPANY, RECORDED APRIL 9, 1907 IN BOOK 155, PAGE 260 OF DEEDS. ALSO EXCEPTING THEREFROM, ANY PORTION THEREOF LYING BELOW THE ELEVATION OF THE NATURAL ORDINARY HIGH TIDE LINE. ALSO EXCEPTING THEREFROM, ANY ARTIFICIAL ACCRETIONS OCEANWARD OF THE LINE OF NATURAL ORDINARY HIGH TIDE. PARCEL A-3: THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF THAT CERTAIN STRIP OF LAND 40 FEET IN WIDTH, DESCRIBED IN DEED TO THE SANTA ANA AND NEWPORT RAILWAY COMPANY RECORDED JUNE 14, 1899 IN BOOK 44, PAGE 66 OF DEEDS, EXTENDING FROM THE NORTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 14, SOUTHEASTERLY TO A LINE CROSSING SAID STRIP OF LAND 40 FEET IN WIDTH AT RIGHT ANGLES TO THE SOUTH- WESTERLY LINE THEREOF, AND NORTHWESTERLY, MEASURED ALONG THE SOUTHWESTERLY LINE OF SAM STRIP OF LAND 40 FEET IN WIDTH, 1610.41 FEET FROM THE POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE WITH THE EAST LINE OF SAID SECTION 14. EXCEPTING THEREFROM, ALL THAT PORTION LYING NORTHERLY OF THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND 60 FEET IN WIDTH, THE CENTERLINE OF WHICH 1S DESCRIBED AS FOLLOWS: BEGINNING AT A RAILWAY SURVEY STATION, 1766y-02.4 OF THE SURVEY CENTERLINE OF THE LOS ANGELES INTER -URBAN RAILWAY, SAID RAILWAY SURVEY STATION BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND 40 FEET IN WIDTH DESCRIBED IN DEED TO THE SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED DUNE- 14,1899 IN BOOK 44, PAGE 66 OF DEEDS, AND SOUTHEASTERLY, MEASURED ALONG THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH, 43.4 FEET FROM THE POINT OF INTERSECTION OF SAID LINE, WITH THE NORTHEASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN DEED TO THE HUNTINGTON BEACH COMPANY, RECORDED MAY 29, 1903 IN BOOK 92, PAGE 55 OF DEEDS; THENCE FROM SAID POINT OF BEGINNING, SOUTH 55 DEGREES 43' EAST 341.36 FEET TO RAILWAY SURVEY STATION 1769+43.76 OF THE SURVEYED CENTERLINE OF THE LOS ANGELES INTER -URBAN RAILWAY, SAID LAST MENTIONED RAILWAY SURVEY STATION BEING AT THE BEGINMNG OF A 1 DEGREE RAILWAY CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG SAID 1 DEGREE RAILWAY CURVE TO THE RIGHT, 261.67 FEET TO RAILWAY SURVEY STATION 1772+05.43 OF THE SURVEYED CENTERLINE OF THE LOS ANGELES INTER -URBAN RAILWAY, SAID LAST MENTIONED RAILWAY SURVEY STATION BEING AT THE END OF SAID I DEGREE RAILWAY CURVE TO THE RIGHT, AND SOUTH 86 DEGREES 58' EAST 107.1 FEET FROM A 4-INCH BY 4-INCH STAKE MARKED "MY', SAID STAKE BEING IN THE NORTHEASTERLY LINE OF ABOVE MENTIONED STRIP OF LAND 40 FEET IN WIDTH, AND SOUTHEASTERLY, MEASURED ALONG THE NORTHEASTERLY LINE OF SAID STRIP OF LAND 40 FEET IN WIDTH, 804.3 FEET FROM A 4-INCH BY 4-INCH STAKE MARKED "M6" SET AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO MILLS LAND ANT WATER COMPANY, RECORDED MARCH 2, 1903 IN BOOK 101, PAGE 282 OF DEEDS. EXCEPTING THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN THE MrNERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING SAID LAND, OR THAT MAY BE PRODUCED THEREFROM, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH PERPETUAL RIGHT OF SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, OF INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND, TO EXPLORE FOR, EXTRACT, MINE AND REMOVE THE SAME, AND TO MAKE SUCH USE OF SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH, AND OTHER USE THEREOF, WHICH USES MAY INCLUDE LATERAL OR SLANT DRILLING, DIGGING, BORING OR SINKING OF WELLS, SHAFTS OR TUNNELS TO OTHER LANDS NOT SUBJECT TO THOSE RESERVATIONS AND EASEMENTS, PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS, AND SHALL NOT DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON, OR REMOVE OR IMPAIR THE LATERAL OR SUBJACENT SUPPORT OF SAID LAND OR ANY IMPROVEMENTS THEREON, AND SHALL CONDUCT NO OPERATIONS WITHIN 500 FEET OF THE SURFACE OF SAID LAND, AS RESERVED IN THE DEED FROM SOUTHERN PACIFIC COMPANY, A DELAWARE CORPORATION, RECORDED NOVEMBER 7, 1968 IN BOOK 8780, PAGE 924 OF OFFICIAL RECORDS. SAID DEED PROVIDES: IN THE EXERCISE OF SAID RESERVED EASEMENTS, MINERAL RIGHTS, AND RESERVATIONS, SAID GRANTOR MAY POOL SAID LANDS WITH OTHER LANDS. THE RIGHTS OF GRANTOR SHALL INCLUDE, BUT SHALL IN NO WAY BE LIMITED TO, ALL SUBTERRANEAN RIGHTS NECESSARY, INCIDENTAL OR CONVENIENT TO THE FULL EXERCISE OF THE RIGHTS RESERVED BY GRANTOR BELOW 500 FEET OF THE SURFACE OF SAID LAND, AND SHALL INCLUDE THE RIGHT TO DRILL AND MAINTAIN WELL HOLES THROUGH THE SAID LAND BELOW 500 FEET FROM THE SURFACE THEREOF, FOR THE PURPOSE OF REMOVING OIL, GAS AND OTHER HYDROCARBON SUBSTANCES FROM OTHER LANDS, WHETHER SUCH OTHER LANDS BE ADJACENT, CONTIGUOUS, OR DISTANT FROM SAID LANDS. PARCEL A-4: ALL THAT PORTION OF THE EAST ONE-HALF OF THE NORTHWEST ONE -QUARTER OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 1 l WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHEASTERLY OF THE SOUTHWESTERLY EXTENSION OF THE SOUTH- EASTERLY LINE.OF FIRST STREET, AS SHOWN ON THE MAP OF HUNTINGTON BEACH RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE 100-FOOT STRIP OF LAND DESCRIBED IN THE DEED FROM THE HUNTINGTON BEACH COMPANY TO THE CITY OF HUNTINGTON BEACH, RECORDED SEPTEMBER 23, 1916 IN BOOK 294, PAGE 385 OF DEEDS. EXCEPTING THEREFROM, THOSE PORTIONS OF SAID LAND INCLUDED WITHIN PARCELS 1 AND 4 IN THE DEED FROM HUNTINGTON BEACH COMPANY TO LOS ANGELES INTER -URBAN RAILWAY COMPANY, RECORDED APRIL 9, 1907 IN BOOK 155, PAGE 260 OF DEEDS. ALSO EXCEPTING THEREFROM, ANY PORTION THEREOF LYING BELOW THE ELEVATION OF THE NATURAL ORDINARY HIGH TIDE LINE, ALSO EXCEPTING THEREFROM, ANY ARTIFICIAL ACCRETIONS OCEANWARD OF THE LINE OF NATURAL ORDINARY HIGH TIDE. • 0 PARCEL B: PARCEL 1, AS SHOWN AND DESCRIBED IN THAT CERTAIN CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 96-6, RECORDED FEBRUARY 28, 1996 AS INSTRUMENT NO. 19960095327 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING FROM THAT PORTION THEREOF INCLUDED WITHIN THE LAND DESCRIBED AS PARCELS 1 AND 2 IN DEED FROM PACIFIC ELECTRIC RAILWAY COMPANY, RECORDED SEPTEMBER 13, 1960 IN BOOK 5413, PAGE 449 OF OFFICIAL RECORDS, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER, OCCURRING 500 FEET BENEATH THE SURFACE THEREOF, NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN, OR UNDERLYING ' SAID LAND OR THAT MAY BE PRODUCED THEREFROM, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGHT OF SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, OF INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE FOR, EXTRACT, MINE, AND REMOVE THE SAME, AND TO MAKE SUCH USE OF SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH; AND OTHER USE THEREOF; WHICH USES MAY INCLUDE LATERAL OR SLANT DRILLING, DIGGING, BORING, OR SINKING OF WELLS, SHAFTS, OR 'TUNNELS TO OTHER LANDS NOT SUBJECT TO THOSE RESERVATION AND EASEMENTS; PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS AND SHALT. NOT DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON OR REMOVE OR IMPAIR THE LATERAL AND SUBJACENT SUPPORT OF SAID LAND OR ANY IMPROVEMENTS THEREON, AND SHALL CONDUCT NO OPERATIONS WITHIN 500 FEET OF THE SURFACE OF SAID LAND. ALSO EXCEPTING THEREFROM THE SUBSURFACE BELOW 500 FEET MEASURED VERTICALLY FROM THE SURFACE. ALSO EXCEPTING THEREFROM ALL MINERALS, PETROLEUM, ASPHALT, BREA, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON, OR UNDER, `OR THAT MAY BE PRODUCED FROM, SAID LAND, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO DRILL SLANTED WELLS FROM LOCATIONS ON OTHER LANDS INTO AND THROUGH, AND TO CONSTRUCT OR DEVELOP MINES, TUNNELS, SHAFTS, OR OTHER WORKS IN AND THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSES OF RECOVERING SAID RESERVED SUBSTANCES FROM SAID LAND OR RECOVERING LIKE SUBSTANCES FROM OTHER LANDS; PROVIDED, HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NOT BE USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, OR REMOVAL OF SAID MINERALS OR SUBSTANCES FROM SAID LAND OR OTHER LANDS, AS RESERVED IN THE DEED FROM CITY OF HUNTINGTON BEACH, RECORDED JANUARY 13, 1960 IN BOOK 5051, PAGE 383 OF OFFICIAL RECORDS. ALSO EXCEPTING AND RESERVING THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS AND MINERAL ORES OF EVERY KING AND CHARACTER OCCURRING 500 FEET BENEATH THE SURFACE THEREOF, NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON WITHIN OR UNDERLYING SAID LAND OR THAT MAY BE PRODUCED THEREFROM, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGHT OF SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, OF INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE FOR, EXTRACT, MINE AND REMOVE THE SAME AND TO MAKE SUCH USE OF SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH; AND OTHER USE THEREOF; WHICH USES MAY INCLUDE LATERAL OR SLANT DRILLING, DIGGING, BORING OR SINKING OF WELLS, SHAFTS OR TUNNELS TO OTHER LANDS NOT SUBJECT TO THOSE RESERVATION AND EASEMENTS; PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS AND SHALL NOT DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON OR REMOVE OR IMPAIR THE LATERAL OR SUBJACENT SUPPORT OF SAID LAND OR ANY IMPROVEMENTS THEREON, AND SHALL CONDUCT NO OPERATIONS WITHIN 500 FEET OF THE SURFACE OF SAID LAND, AS RESERVED IN THE DEED FOR PARCEL 2 FROM PACIFIC ELECTRIC RAILWAY COMPANY RECORDED SEPTEMBER 13, 1960 IN BOOK 5413, PAGE 446 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE SUBSURFACE BELOW A DEPTH OF 500 FEET VERTICALLY BELOW THE SURFACE OF THAT PORTION OF SAID LAND INCLUDED WITHIN THAT CERTAIN PARCEL OF LAND DESCRIBED AS "THIRD" IN THE DEED FROM THE HUNTINGTON BEACH COMPANY TO LOS ANGELES INTER -URBAN RAILWAY COMPANY RECORDED APRIL 9, 1907 IN BOOK 155, PAGE 260 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. EXHIBIT B DIAGRAM OF TEMPORARY STAGING AREA 204413 vl RJW: Agree: CHP License Agmt. RLS 2001-0127 7/3/01 l e r S Ta ! -A re%% Pae_ Cc" t fl 4 wcL y is/, 10 R r o P a.rt y 0W.OIW Ls c-iwaly� Lk ` ce. f cw`o..., Pe_kv 4 is+ si. 3: das t-two i %4wj�, s'� s A � Ia+%Aa (,gtes ' Aito A14z.tN.c�.A. F'=4v.: E 69 le. I c. 7FE ECFYVD B 2 6 2001 RY! .... RCA'OROUTING'9HEET INITIATING DEPARTMENT: I Community Services SUBJECT: I APPROVE AGREEMENT WITH MACALLON ATLANTA HUNTINGTON BEACH, LLC FOR A TEMPORARY STAGING AND STORAGE AREA FOR THE CITY'S BEACH MAINTENANCE EQUIPMENT. COUNCIL MEETING DATE: July 16, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) - (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable . Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff { } ) Assistant City Administrator (initial) { } ( ) City Administrator (Initial) { ) ( ) City Clerk (. ) [ON, I Aej- • NNW I (Below Space For City Clerk's Use Only)