HomeMy WebLinkAboutHuntington Beach Company and Pacific Electric Railway - Hist `/0
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January 14, 1966
APP ,O`LD DY Gi'1 Y
GOUNGIL
City Council J AID_ .......
_1%1
City of Huntington Beach
City Hall - Civic Center P ezr_.__ ......
Huntington Beach, California --�-"'- """ CITY CLERK
In Re: Offer to Exchange Real Property
Gentlemen:
Attached is letter dated January 12, 1966, in which we extend until
July 1, 1966, the period for your acceptance of our proposal as submitted
on June 3, 1965 for the exchange and consolidation of beach and bluff
properties between the Municipal Pier and Beach Boulevard.
On November 26, 1965, we submitted to you an extension until January 15,
1966, and solicited your consideration and reaction to this proposal
during such extension period. Since then the Urban Land Institute Panel
has conducted its study of the City of Huntington Beach and we realize
that any response to our proposal is necessarily delayed until you have
had the opportunity to review and evaluate the ULI formal report, which
we understand will be forthcoming during February.
As reflected in the verbal presentation made by the ULI Panel on
December 3, this area southeast of the Pier requires both ownership
consolidation and beachfront development, which are exactly the
fundamentals of our proposal. We therefore feel that in the conduct
of your review and evaluation of the ULI report you should have our
proposal available to you for consideration.
You may require more than six months to reach any decision. Therefore,
we shall take another look at the circumstances as they exist on July 1.
In any event, we do wish to pledge our cooperation and assistance in
your efforts to implement a program that will result in the improvement
and development of this important beachfront area.
Yours very truly,
. D.aFROGG
Vice President
JDF/mlb
Attachment
cc: Mr. Doyle Miller
City Administrator
January 12, 1966
City Council
City of Huntington Beach
City Hall - Civic Center
Huntington Beach, California
In re: Offer to Exchange Real Property
Gentlezpen:
Reference is made to our letter to you dated June 3, 1965, offering to
exchange certain real property therein described and to make the
agreements therein specified. Reference is made also to our letters to
you dated July 1, August 17 and November 26, 1965.
Paragraph 7 on Page 13 of the June 3, 1965 letter states that the offer
specified in such letter will terminate unless you accept the same and
indicate such acceptance by giving written notice thereof to the under-
signed within thirty (30) days after the date of such letter. Said
period was extended by the November 26, 1965 letter to January 15, 1966.
One purpose of this letter is to extend, and the undersigned do hereby
extend, said period to July 1, 1966.
Paragraph 3 on Page 11 of the June 3, 1965 letter states that if the
Closing Date, as defined in such letter, shall not occur prior to
December 1, 1965, then the agreement formed as a result of your acceptance
of the offer contained in such letter would terminate as of December 1,
1965. Said period was extended by the November 26, 1965 letter to
June 1, 1966. A second purpose of this letter is to extend, and the
undersigned do hereby extend, said period to December 31, 1966.
Yours very truly,
SOUTHERN PACIFIC COMPANY, a HUNTINGTON BEACH COMPANY
corporation, successor in a corporation
interest to PACIFIC ELECTRIC
RAILWAY COMPANY, a corporation By ( "
Vice P ident
By y
Assistant Secretary
cc: Mr. Doyle Miller
City Administrator
August 30, 1965
Beach Front Property Exchange
South of the Pier
Mr. Paul Jones
City Clerk
City of Huntington Beach
Dear Mr. Jones:
Pursuant to our arrangements, please place
on the Agenda for the adjourned meeting of
City Council on August 30 the extension of
said offer to 180 days from June 3rd, 1965.
W. H. SAVAGE
1M�
8 enclosures
� r
August 17, 1965
City Council
City of Huntington Beach
City Hall Civic Center
Huntington Beach, California
By-
In re: Offer to exchange real property
Gentlemen:
Reference is made to the letter to you from the undersigned,
Huntington Beach Company and Pacific Electric Railway Company, dated
June :3, 1965, offering to exchange certain real property therein described
and to make the agreements therein specified.
Paragraph 7 on page 13 of such letter states that the offer
specified in such letter will terminate unless you accept the same and
indicate such acceptance by giving written notice thereof to the under-
signed within thirty (30) days after the date of such letter. The purpose
of this letter is to extend, and the undersigned do hereby extend, the
period referred to in said paragraph 7 from thirty (30) days to one hundred
eighty (180) days from said June 3, 1965.
Yours very truly,
SOUTHERN PACIFIC COMPANY, a HUNTINGTON BEACH COMPANY
corporation, successor in a. corporation
interest to PACIFIC ELECTRIC
RAILWAY COMPANY, a corporation
By dor
l
,.rice P esid
By '�--:2:"
Assistant to the' " V C e- By f / � CC ._
re:tident As istant Secretary
2110 MAIN STREET -- HUNTINGTON BEACH, CALIFORNIA
92646
J. D. FROGGATT
VICE PRESIDENT
November 26, 1965
City Council
City of Huntington Beach
City Hall - Civic Center
Huntington Beach, California
In re: Offer to Exchange Real Property
Gentlemen:
On June 3, 1965 we submitted for your consideration a proposal for the
exchange and consolidation of beach and bluff properties between the
municipal pier and Beach Boulevard.
The present diversified ownership of this area by the City, Southern Pacific
Company and Huntington Beach Company impairs any effective improvement and
development of the area by any of its owners. Our proposal would consolidate
these diversified parcels and ownerships into only two parcels and two owner-
ships, one to be owned solely by the City and another to be owned jointly by
Southern Pacific Company and Huntington Beach Company, thereby creating an
atmosphere conducive to an orderly development program of benefit to all.
We have already extended twice the period for your acceptance of our proposal
and we submit herewith a further extension to January 15, 1966, hopeful that
this will afford you the time necessary to formulate your reply. You under-
stand, of course, that ,your acceptance is simply your agreement to initiate
and pursue with due diligence such action as may be necessary on behalf of
the City to accomplish this exchange and that you reserve the right and
privilege to terminate such agreement if during or after the required public
hearings you determine that the proposed consolidation is not in the public
interest or in the best interests of the City and its citizens.
We understand that during this period you have obtained an appraisal of the
subject property and have given some consideration to our proposal; however,
we have not had the benefit of any response of any kind from you.
We direct your attention to these circumstances and respectfully request your
further consideration and reaction to our proposal during this 45-day
extension period.
Yours very truly,
JDF:jm - rog
November 26, 1965
City Council
City of Huntington Beach
City Hall - Civic Center
Huntington Beach, California
In re: Offer to Exchange Real Property
Gentlemen:
Reference is made to our letter to you dated June 3, 1965, offering to
exchange certain real property therein described and to make the
agreements therein specified. Reference is made also to our letters to
you dated July 1, 1965, and August 17, 1965, extending the period referred
to in Paragraph 7 of the June 3, 1965 letter.
Paragraph 7 on Page 13 of the June 3, 1965 letter states that the offer
specified in such letter will terminate unless you accept the same and
indicate such acceptance by giving written notice thereof to the under-
signed within thirty (30) days after the date of such letter. Said
period was extended by the August 17, 1965 letter to one hundred eighty
(180) days from said June 3, 1965. One purpose of this letter is to
extend, and the undersigned do hereby extend, said period to January 15,
1966.
Paragraph 3 on Page 11 of the June 3, 1965 letter states that if the
Closing Date, as defined in such letter, shall not occur prior to
December 1, 1965, then the agreement formed as a result of your acceptance
of the offer contained in such letter shall terminate as of December 1,
1965. A second purpose of this letter is to extend, and the undersigned
do hereby extend, said period to June 1, 1966.
Yours very truly,
SOUTHERN PACIFIC COMPANY, a HUNTINGTON BEACH COMPANY
corporation, successor in a corporation
interest to PACIFIC ELECTRIC
RAILWAY OMPANY;, ,a corporation By
Vice Pres' t
;Assistant Secretary
lit 1 - '65 pM c;
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i ,. Y :
V � = July 1, 1965
E s E
:Ht-LN
R
CITY OF K
City Council INGTON BEACH
City of Huntington Bea � ..-
City Hall -__ ---c C= 1`v -_
Civic Center JCL
Huntington Beach, California -_-__— 1965
In re : Offer to exchange real property
Gentlemen:
Reference is made to the letter to you from the
undersigned, Huntington Beach Company and Pacific Electric
Railway Company, dated June 3, 1965, offering to exchange
certain real property therein described and to make the agree-
ments therein specified.
Paragraph 7 on page 13 of such letter states that the
offer specified in such letter will terminate unless you accept
the same and indicate such acceptance by giving written notice
thereof to the undersigned within thirty ( 30) days after the
date of such letter. The purpose of this letter is to extend,
and the undersigned do hereby extend, the period referred to in
said paragraph 7 from thirty ( 30) days to ninety (90) days from
said June 3, 1965.
Yours very truly ,
HUNTINGTON BEACH COMPANY
a corporatio
By
Vice Pre n
By
A44sistant Secretary
PACIFIC ELECTRIC RAILWAY
COMPANY, a corporation
By
Assis ant Secretary
-2-
June 3, 1965
City Council
City of Huntington Beach
City Hall
Civic Center
Huntington Beach, California
In re: Offer to exchange real property
Gentlemen:
This letter constitutes the offer of the undersigned,
Huntington Beach Company, a corporation (hereinafter called
"HB Co. " ) and Pacific Electric Railway Company, a corpora-
tion (hereinafter called "PE Co. " ), to exchange with the City
of Huntington Beach (hereinafter,. called the "City" ) certain
real property hereinafter described. The undersigned will
collectively be hereinafter called "Landowners" . This offer
and the agreement resulting from the City' s acceptance of
this offer will be hereinafter sometimes called the "City
Agreement" .
The undersigned understand that the City is the owner
of the following:
(a) I-m easement (hereinafter called the "Park
Easement" ) for public recreational park and playground
purposes and other uses appurtenant or incident
thereto over and across that certain real property
described in Exhibit "A", hereunto annexed and made
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City of Huntington Beach -2-
a part hereof (hereinafter called the "Easement
Property"), as granted by that certain deed from
Landowners, Standard Oil Company of California and
Pacific Electric Land Company, as grantors, in favor
of the City, as grantee, dated January 15, 1932 and
recorded February 15, 1932 in Book 532, Page 437 of
Official Records, County of Orange .
(b) An undivided interest in that certain real
property described in Exhibit "B", hereunto annexed
and made a part hereof.
(c) An easement for highway purposes (hereinafter
called the "Highway Easement") as conveyed by PE Co.
to the City by deed recorded December 5, 1915 in Book
279, Page 258 of Deeds, Records of Orange County,
over portions of the real property described in
Exhibit "C", hereunto annexed and made a part hereof.
The Easement Property and the property described in said
Exhibits "B" and "C" will be collectively hereinafter called
the "Abandonment Property" .
Landowners collectively are, or on the "Closing Date"
(as hereinafter defined) will be, owners of the interest in
the Abandonment Property other than that owned by the City
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City of Huntington Beach -3-
as aforesaid. In addition, Landowners or either of them are,
or on the Closing Date will be, owners of interests in that
certain real property described in the form of deed, hereunto
annexed, marked Exhibit "D" and made a part hereof (herein-
after called the "Exchange Property" ) .
Each of the Landowners is desirous of exchanging interests
in that portion of the Exchange Property in which it has an
interest for the discontinuance and abandonment by the City
of the Park Easement and the discontinuance, abandonment and
vacation by the City of the Highway Easement and the quit-
claim in favor of such Landowners (in the proportions herein-
after specified) of the City's right, title and interest in
and to the Abandonment Property, upon the terms and conditions
hereinafter specified. The terms and conditions of this offer
are as follows:
1. The City shall discontinue and abandon the Park
Easement and discontinue, abandon and vacate the Highway
Easement and quitclaim in favor of the Landowners (in the
proportions hereinafter indicated) all of the City's right,
title and interest in and to the Abandonment Property in
exchange for the grant to the City by each of the Landowners
of interests in that portion of the Exchange Property in
which such Landowner has interests, as hereinafter indicated,
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City of Huntington Beach -4-
and each of the Landowners shall grant to the City interests
in that portion of the Exchange Property in which it has
interests, as hereinafter indicated, in exchange for the City's
discontinuance and abandonment of the Park Easement and dis-
continuance, abandonment and vacation of the Highway Easement
and the quitclaim in favor of the Landowners (in the propor-
tions hereinafter indicated) of all the City's right, title
and interest in and to the Abandonment Property, all upon the
terms and subject to the conditions hereinafter set forth.
The proportion of the City's said right, title and interest
quitclaimed to each of the Landowners hereunder shall be as
specified in the form of deed hereunto annexed, marked Exhibit
"E" and made a part hereof. The interests granted to the City
hereunder shall be as specified in the form of deed hereunto
annexed as Exhibit "D" hereof.
2. The exchange contemplated by the City Agreement will
be consummated through an escrow (hereinafter called the
"Escrow" ) which shall close on the Closing Date. The Closing
Date shall be the date designated as such by the parties,
which is not earlier than 10 days nor later than 30 days after
the "Ordinance Date" (as hereinafter defined) . If the parties
shall fail to designate the Closing Date then the Closing Date
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City of Huntington Beach -5-
shall be the day which is 30 days after the "Ordinance Date, "
unless the office of the Orange County Recorder shall be
closed on such day in which event the Closing Date shall be
the first day following the expiration of said 30-day period
on which the office of the Orange County Recorder is open.
As used herein, the phrase "Ordinance Date" means the effective
date of the ordinance adopted by the City declaring that in
exchange for the grant to the City by the Landowners of the
herein specified interests in the Exchange Property, the City
shall, as of the Closing Date, discontinue and abandon -the
Park Easement, discontinue, abandon and vacate the Highway
Easement, and quitclaim in favor of each of the Landowners,
in the proportions specified in said Exhibit "E", all the
City's right, title and interest in and to the Abandonment
Property, all upon the terms and conditions specified in the
City Agreement. The escrow shall be opened by the parties
with Orange County Title Company (hereinafter called the "Escrow
Agent") at its Santa Ana, California, office as soon as prac-
ticable after the City's acceptance of this offer. The escrow
shall be established by delivering to the Escrow Agent a copy
of this letter executed by the undersigned and of the City's accept-
ance of the offer specified herein, whereupon the Escrow Agent will
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City of Huntington Beach -6-
be deemed to be instructed as set forth in subparagraph A of
this Paragraph 2. Prior to the Closing Date the parties shall
deposit with the Escrow Agent all documents required to be
deposited by them respectively, as hereinafter set forth, in
order to effect the consummation of the exchange in accordance
with the terms of the City Agreement.
A. To Orange County Title Company, as Escrow Agent:
(1) The City of 'Huntington Beach, a municipal
corporation (hereinafter called the "City" ) and
_iantington Beach Company and Pacific Electric Railway
Co:rpany (collectively hereinafter called the "Landowners" )
have agreed to enter into the exchange hereinabove
specified in Paragraph 1 of this offer.
(2 ) You are hereby instructed as follows:
(a) Prior to the Closing Date (as herein-
above defined) the City shall deposit with you
the following:
i. A deed covering the"Abandonment
Property" (as hereinabove defined) in the
arm of Exhibit "E" hereof, duly executed
and aclaiowledged by the City in favor of
the Landowners.
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City of Huntington Beach -7-
ii. A certified copy of the herein-
-above described ordinance and a certified
copy of the order of the City Council of
the City vacating the Highway Easement.
iii. Such additional documents, if
any, as may be required of the City to
enable you to close the escrow in accord-
ance with the terms hereof.
(b) Prior to the Closing mate Landowners
shall deposit with you the following:
i. A deed to the Exchange Property
in the form of Exhibit "D" hereof, duly
executed and acknowledged by Landowners
in favor of the City.
ii. Such additional documents, if
any, as may be required of Landowners to
enable you to close the escrow in accord-
ance with the terms hereof.
(c) The escrow shall close on the Closing
Date if it is then in condition to close. The
escrow shall be in condition to close when each
of the following conditions is met:
City Council
City of Huntington Eeach -8-
i . You hold instruments duly executed
( including the aforesaid deed to the Abandon-
ment Property ) upon the recordation of which
(if recordation is necessary ) you can issue
a standard policy of title insurance in your
usual form showing that title to theAbandon-
ment Property is vested 47 . 2883 per cent in
said Huntington 3each Company and 52 . 7117
per cent in said Pacific Electric Railway
Company , in undivided interests , free and
clear (except for real property taxes and
assessments not delinquent ) of all liens ,
encumbrances , covenants , conditions , re-
strictions , reservations , exceptions , bonds ,
rights of way , easements , leases and agree-
ments of record, and subject only to real
property taxes and assessments not
delinquent .
ii . You hold the said deed to the
Exchange Property .
(d) Upon the close of escrow you shall deliver
to the City the said deed to the Exchange Property
City Council
City of Huntington Beach -B-
and to the Landowners the said deed to the Abandon-
ment Property, and said certified copies of said
ordinance and said order. The said deeds and said
order shall be delivered to the parties entitled
thereto by depositing the same with the County
Recorder of said County of Orange with instructions
to record the same and thereafter to forward the
same to such party or parties at its or their
address hereinafter set forth. The undersigned
will affix any required revenue stamps to said
deeds after the same are recorded and you are
therefore not required to affix such stamps
thereto.
(e) Real property taxes, if any, assessed
against the Exchange Property shall be prorated
as of the close of escrow.
(f) Landowners shall bear, in the proportion
of 47.2883 per cent by said Huntington Beach Com-
pany and 52.7117 per cent by said Pacific Electric
Railway Company, the premium for any title insurance
policy issued by you as aforesaid, your Company 's
fee as EscroT Agent and the fees for the recordation
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City of Huntington Beach -10-
of the same .
`l'inie _s c- -,sence of these instruc-
tions . The parties shall do all things required
of them, respectively, to place this escrow in
condition to close on the Closing Date . If you
are not in a position to close this escrow on the
Closing Date through` d.efault on the part of a party
or parties to comply with its or their undertakings
provided in this offer and the otter party or
parties shall have complied with its or their
undertakings provided in this offer, the latter
may in writing, demand the return of any money or
instruments theretofore deposited with your Company
a:: Escrow Agent . The party or parties making such
demand shall give notice thereof to the other party
or part_es in the manner hereinafter provided and
you ;;__ zll comply with such demand five days after
the date on which the party or parties making such
demand shall provide you with proof of notice to
the other party or parties as aforesaid. If you
shall have been placed in position to close this
escrow prior to the expiration of said five-day
I
City Co'anicil
City ofriunti ngton Beach -11-
period, you steal proceed to close the same and
said demand and said notice shall be deemed to
have been rescinded and to be of no further force
or effect whatsoever. Your compliance with said
demand under the conditions specified in the
foregoing shall terminate this escrow but such
termination shall in no tray operate to deprive a
party or parties who shall have complied with its
or their undertakings hereunder of any right or
remedy which it or they may have against the party
or parties who shall not have complied with its
or their undertakings hereunder. in the event that
this escrow shall terminate and a party or parties
shall have complied with its or their undertakings
hereunder and the other party or parties shall
not have corrplieu :with its or their underta�i ngs
hereunder, then the party or parties who shall have
failed to so comply shall nay you upon demand all
charges due you for your services rendered or
expenses incurred in connection with this escrow.
3. Not.�Titchstanding anything to the contrary contained
herein, if the Closing Date shall not occur prior to December 1,
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City of Huntington Beach -12-
1965, then the agreement formed as a result of your acceptance
of this offer shall terminate as of December 1, 1965; provided,
however, that such termination shall be without prejudice to
whatever cause or causes of action a party shall have against
any other party for default hereunder.
4. "i'he terms and provisions hereof shall inure to the
benefit of and be binding upon the successors and assigns of
the parties.
5 . If either party obtains a judgment against the other
by reason of any breach hereunder, a reasonable attorney' s fee
as fixed by the court shall be included in such judgment.
6. Any notice which the City or the undersigned or the
Escrow Agent may desire or is required to give to either or
both of the others pursuant to the provisions hereof must be
in writing and may be giver_ by personal delivery of such notice
or at the option of the party giving such notice may be given
by United States registered or certified mail, 'return receipt
requested, addressed to Landowners at 2110 Main Street
Huntington Beach, California; to the City at City Hall, Civic
Center, Huntington Beach, California; and to the Escrow Agent
at 421 North Main Street, Santa Ana, California; subject to
the ri ht of any party to designate a different address for
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City of Huntington Beach -13-
itself by notice similarly given. Any notice so given
by United States registered or certified mail shall be deemed
to have been given on the second day after the same is
deposited in the United States mail as registered or
ce-•-,;ified matter addressed as above provided, with postage
thereon_ fully prepaid.
7. ^his offer :rill terminate unless you accept the
same and indicate such acceptance by giving written notice
thereof to the unders�fined within 30 days after the date
of this letter. Your acceptance as aforesaid will constitute
your agreement to ini ti ate and pursue with due diligence
such action as may be necessary on behalf of the City to
accoplish this exchange. in the event, however, that the
City shall in good faith determine that this exchange is
not in the public interest or in the best interests of the
City and its citizens, then the City may at any time prior
to the Closing Date terminate the City Agreement by giving
written notice of such termination to the undersigned prior
to the Closing Date and in such event the City shall have
no liability to the undersigned, or either of them, by
i
City Council
Ci ty of Huntington Beach -1-�-
reason of such termination.
Yours very truly,
HUNITI!SGTON PEACH COMPANY,
a cor-ooratio
ijy 5,
Vice President
ssistant Secretary
PACIFIC ELECTRIC RAILWAY
COKIPA TY,, a corporation
Assistant Secretary
All that certain land situated in the State of California,
County of Orange , City o'"' Funtin,ton Beach , described as follo:,'S :
That nortion of the !'!eSt one-half of t<ne Northeast one-
Quarter and that portion of the mast one-half of the `:orth'iest one-
quarter of Section 14 , Township 6 South, Range 11 West in the Rancho
Las BolSIs , as shoran on a �Iap recorded in Book 51 , page 14 of .4is-
cellaneous Mans , records of Orange County , California, described as
follo,'zs :
Beginning at the point of intersection of the Southeast-
erly prolongation of the South,, esterly line of that certain
strip of land, 60 . 00 feet wide , described as Parcel 4 in
Deed to the Los A,' geles Inter-Urban Railway Company , re-
corded April 9 , 1907 in Book 155 , page 260 of Deeds , records
of Orange County , California, rith the Southwesterly pro-
longation. of the center line of Huntington Avenue, 60 . 00 feet
wide , as no estaolisned; thence South 360 54 ' !16" :':Test along
said South::esterly pro 1o!:oation 190 . 20 feet to a point in a
line that is parallel Taith and distant South,•resterly 250 .00
feet , measured at right an`;les , from the Southeasterly pro-
lon ati-n of the Jortheasterly line of said land fourth des-
cribed in Book 155 , page 260 of Deeds ; thence 'forth 550 45 ' 23"
West parallel with said Iortheasterly lire and its South-
easterly prolongation 1281 . 94 feet ; thence I"orth 341 14 , 37t`
East 172 . 41 feet to a point in the Northeasterly line of the
land described in that certain easement deed to the City of
Huntington ::each, recorded February 15 , 1932 in Book 732 , page
EXHIBI`�' ^
-1-
437 of Deeds - thence South 49' 22 ' 45" East 39 . 065 feet to
an angle point in said last mentioned lands thence South
551 45 ' 23" mast 542 . 04 feet to an angle point in said,
Northeasterly line - th.ence North 320 30 1 02" East along said
last mentioned �:ort:.easterly line 22 . 01 feet to a point in
said Southwesterly 'Line of the ailroad Right of l':a;I ; thence
South 550 451 23" East along Said Railroad Right of ?ay along
its "out-easterly prolongation 709 . 97 feet to the point of
beginning.
EX�_3IMI
A
=2-
Al! that certain land Situated in t:ie State of California. ,
County of Orange , City of L4untin-o-ton 73eacr? , des Cri .ed as follo%%s :
i^at '•' ortion of t^e land described in Leed to the Los
=eles Titer-Urban Railroad Compan-y , recorded ovember 7 ,
1906 in Book 139 , page 9 of Deeds , records of Grange
County , California, ce_ng a portion of Fractional Section
14 , `T'o'::nsh.-` ; 6 South, Range 11 lv.est. in the Ranc-o Las
Bolsas , as Shown on a .'ap recorded in Boor: 51 , oa<<-'�'e 14 of
!� iscollaneous r: apS.; records o" grange County , Cal ir"ornia,
lyin asterly of the Tort^easter_y line of the land des-
crit.,-d in deed to the Santa Ara and .?ei•,"nor t �ail..ay Company
recorded June 14 , 1899 in gook 44 , pa-e 66 of Deeds , records
of Orange County , California.
EXceptin ; therefrom th-at portion lying Southeasterly of
the South. esterly prolorgati or. of the center lire of 17urt-
in-ton Avenue , 60 .00 feet .vide , as no,-: established.
EX'` T7 T^
-i-
4 C L
All t -at certain land si tuated in the State of Calif or-
nia, County of OranUe , City of HuntinItor Beac-, described as
follo':rs
That portion of Fractional Section 14 , T-o nship 6 South ,
Rwnge 11 '::est , in the Rancho Las Bolsas , as sho,.' n on a MaD re-
corded in book 51 , pa-e 14 of :•iiscellaneous -•!aps , records of Or-
am.re County , California , described as follo,.:rs :
Commencing at the point of intersection of the South-
westerly prolongation of the :-orth,%ester 1 y line cf T. ai n
Street ith the Scut-, esterly line of Ocean avenue as said
lines are s_ o� n on a map of lrlurtir,ton Beach , recorded i
boot 3 , pace 36 of ',liscellaneous [�,wDs , records of said Or-
an7e County ; thence South 49° 22 ' 45" Last , 1 ,1Q0 . 39 feet ,
alcn said Southv,esterly line to the true point of beginnin
Thence continuir- South 49° 22 ' 45" East 44 . 27 feet along
said last mentioned Southvesterl,y line to the point of inter-
section i•rith the `,Tortneasterl,y line of the Fourth described
parcel in Deed recorded April 9 , 1907 in book 155 , pa--e 260
of Deeds , records of Oran;e County ; thence South 57° 45 ' 23"
East 1 , 2={9 . 6- feet alon- said Northeasterly line and its
Seut ews,erly proton ation to its intersection ,Iith the
Sout:: :esterl;y prolon-ation cf the center line of Iuntington
Avenue ; 000 . 00 feet ;:ride , as it now exists ; thence South 36°
54 , 46" West along said Southwesterly prolongation 60 . 07 feet
CD
EX= IBiT C
-1-
to a point to the Southeasterly prolongation of the SoQt ;-
Westerly 'Line of said fourth described parcel; tKence north
550 451 2/" Eest gatz±lel 2±t5 said North erstetly line and
its Southeasterly prolonG3t±on 700, , 97 Feet to an z231e
point in., the 2oyt5erstetly line of the lain described IR fait
certain easement Deed to the City of EQ2tington Beech, re-
corded February 15 , 19j2 in book 5/2 , na-e 477 of Deeds ;
thence South /20 /61 02" nest 22 . 01 feet to an &male point in
Said last mentioned Northeasterly line ; tKence Sotth 55° &/ ,
23" Sest 5)2 . 0§ feet to an an/le point in said 2oftKeastetly
line ; thence north 490 221 &5" Sest along said 'North easterly
line 39 . 66 feet ; thence Eort§ /§° 14 , 77" Zast '0 feet to
the true point of be31111E3.
. Excepting the£e£yom that portion I2163 Southeasterly of
the SoQtbwesterly lime of the 132E described in Deed re-
corded June i4 , 1399 in took ## , oa/e (( of Deeds .
PARCEL 2
£2± t33t ce-t3±n land situated in the State of California,
County of Ora2Ee , C±4E-.2 of Rentinggtor teach , described as follows :
I53t portiom of the land described 15 Deed to the Santa
Ana a26 Newport Railway Company, recorded June 14 , 13j§ in
Book )# , Qa/e §§ o£ Deeds , records o£ Orange County , Celi-
£ornia, being a portion of Fractional Section 111 , -Township 5
2{Zi222 C
-2-
Scuts 3323e 11 Eest in t>e 23nc5o Las 2o13=s , ss s5o2R on
a Szg recorded ±n woo\ \I , pz3e 111 o£ Sis cell aneous Sags ,
records of 0y3Gye County , California lying between t5e South-
ens;erly g2oloa32tion o{ the JortSe£sterly z26 Southwesterly
lines of the 2ourtt described Parcel in Seed to the £os J23eles
Inter-Ur,' z2 R3I12ay Company , recorded Aoril 99 1907 in SooE
155 , gJ3e 260 of Deeds , recotEs o£ 0ranKe CoQEty , C32±f0rnia,
EZceptin there£2c3 tKzt portion lyin/ Sout,)easterly of
the Sc&tG2este2ly nrolon-ation of the center line of 2Qnt±n/-
ton &venue , CO . 00 feet w2Je , as not established.
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E,XC EP;111\TG AID F SE�_.VING unto grantors herein, their
successors and assigns, fcr their benefit and for the benefit
of their present or future subsidiaries and their respective
successors and assigns, t::e right of clay from time to tinne to
lay, Construct, reconstruct, replace, renew, repair, i,r-.'ain taro;
ooerate, change the size o.i•, inC--- e the number of .and remove
pine lines and appurtenances thereof, for the transportation
of oil, petroleum, gas, gasoline, :':aver or other substances,
and to construct, mail-Itain, operate, repair, renew, add to and
remove poles and overhead and underground wires, conductors,
cables and Conduits, and appurtenances thereof, with the right
to trim trees or noruionS t.ereof overhan-ing the Strip Of
land here-inafter described flen necessary or proper in the
exercise of the foregoing ri hts; and r—th the further right
of ingress and egress to and fro-m the same, over and through;
under or along the land conveyed by this deed; provided, how-
ever, that all pipe, poles, .:fires, conductors, Cables and
conduits, and appurtenances thereof, which are laid or con-
structed by virtue of this exception and reservation shall be
located within a strip of land 82 feet in width, the boundary
lines of :Thfich are more particularly described as follows :
Beginning at the intersection of the South-
, esterly prolongation of the North,•Testerly line
of ain Street with the South-v esterly line of
Ocean Avenue as said lines are sh0:'Tn on a map
of 'untincr"ton Beach recorded in Booi{ 3, Pa ;e �b
of 4iscellaneous :iaps, records of said Crange
Coun;,y; thence: South 49° 22 ' L'S" :ast 1,188 39
feet; thence SOU ^. 3�:° !4 ' 37 ;`rest to a point
on a line that �s oarallel with and 82 feet
Southwesterly measured at right angles from the
course above-described as South 490 22 ' 45"
Last; thence North 490 221 45" West along said
parallel 1=ne to a point on said Southwesterly
prolongation of the Northwesterly line of Rain
Street; thence To t: 400 371 57" East along
-3-
said Southwesterly prolongation to the point
of beginning.
IN FURTHERANCE OF THE FOREGOING EXCEPTION AND RESER-
VATION, grantee, by accepting delivery of this deed, agrees,
for itself and its successors and assigns, that neither it
nor its successors or assigns shall do anything inconsistent
with or which impairs the present or prospective exercise of
any of the hereinabove excepted and reserved rights .
SUBJECT TO- any and all liens for any tax or taxes of
any nature or description and covenants, conditions, restric-
tions, rights, rights of way and easements now of record, if
any.
The foregoing conveyance is made upon and subject to
the express conditions following, namely:
1. That the City of Huntington Beach, a municipal
corporation, shall forever pay and shall indemnify and
save and hold harmless grantors and each of them, and
the assigns of grantors and each of them, against and
from any and all liability for taxes of any nature or
description which may be levied upon the land which
is the subject of this conveyance, or any part thereof,
or upon any interest of grantors or either of them,
or the successors or assigns of them or either of them
therein.
2. That the land conveyed hereby shall bre occupied
for public, recreational, park and playground purposes
and other uses appurtenant or incidental thereto and
for no other purpose.
Any breach of the foregoing conditions shall constitute
-4-
a condition subsequent upon the occurrence of which the
property hereby conveyed shall revert unto the grantors,
their successors and assigns, as their interests may then
appear, each and any of whom shall have thereupon the right
of immediate re-entry upon said land.
Neither grantor purports to grant to grantee a
greater interest in the hereinabove described property or
any portion thereof than such grantor has, and the convey-
ance by each grantor hereunder is limited by the extent of
the interest of such grantor in such property.
Nothing herein contained shall effect a transfer
from a grantor to the other grantor of any interest in or
to the hereinabove described property. The reservations,
exceptions, reversionary interest and right of re-entry
reserved by grantors hereunder are reserved by each grantor
with respect to the property and interest in property owned
by it immediately prior to the making of this conveyance.
IN WITNESS WHEREOF, the grantors have caused this
deed to be executed this day of ,
19 , by their respective corporate officers thereunto duly
authorized.
HUNTINGTON BEACH COMPANY,
a corporation
By
By
PACIFIC ELECTRIC RAILWAY COMPANY,
a corporation
By
By
-5-
STATE OF CALIFORNIA
SS.
COUNTY OF
On , before me, the
undersigned, a Notary Public in and for said County and
State, personally appeared
known to me to be the , and
own to me to be
e o UNTINGTON BEACH COMPANY,
the corporation that executed the within instrument, known
to me to be the persons who executed the within instrument
on. behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its board of
directors .
WITNESS my hand and official seal .
Notary Public in and for said
County and State
STATE OF CALIFORNIA
SS.
COUNTY OF
On , before me, the
undersigned, a Notary Public in and for said County and
State, personally appeared ,
known to me to be the and
known to me to be the
of PAT-CIF-IC ELECTRIC RAILWAY COMPANY,
he corporation that executed the within instrument, known
to me to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of . its board of
directors.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
-6-
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is
hereby acknowledged, the CITY OF HUNTINGTON BEACH, a muni-
cipal corporation, hereby remises, releases and forever
quitclaims an undivided 47.2883% of the following described
real property unto HUNTINGTON BEACH COMPANY, a corporation,
and the remaining undivided 52.7117% of said real property
unto PACIFIC ELECTRIC RAILWAY COMPANY, a corporation. Said
real property is in the City of Huntington Beach, County of
Orange, State of California, and is particularly described
as follows:
All that portion of the following described
real property above the depth of 500 feet meas-
ured from the surface of said real property
as said surface exists on the date of this deed:
That portion of Fractional Section 14,
Township 6 South, Range 11 West, San Bernardino
Base and Meridian, in the City of Huntington
Beach, County of Orange, State of California,
described as follows:
Commencing at the point of intersection of
the Southwesterly prolongation of the North-
westerly line of Main Street with the South-
westerly line of Ocean Avenue as said lines are
shown on a map of Huntington Beach, recorded in
Book 3, Page 36, of Miscellaneous Maps, records
of said Orange County; thence South 490 22, 45"
East, 1, 188.39 feet, along said Southwesterly
line to the True Point of Beginning.
Thence continuing South 490 22 , 45" East,
44.27 feet along said last mentioned South-
westerly line to the Northeasterly line of the
Fourth described parcel in Deed recorded April
9, 1907, in Book 157, Page 260 of Deeds, records
of Orange County; thence South 750 451 23" East,
1,249.60 feet along said Northeasterly line to
the Southwesterly prolongation of the center
line of Huntington Avenue as it now exists;
thence South 360 54, 46" West, 250.27 feet
along said Southwesterly prolongation to a
line which is parallel with, and 250.00 feet
Southwesterly at right angles, of the last
-1-
EXHIBIT "E"
mentioned Northeasterly line; thence North
55° 451 23" West, 1,281.94 feet along said
parallel line; thence North 340 14f . 37" East,
254.92 feet to the True Point of Beginning.
IN WITNESS WHEREOF, the City of Huntington Beach has .
caused this deed to be executed this day of ,
19 by persons thereunto duly authorized.
CI'-LY OF HUNTINGTON BEACH,
a municipal corporation
By
By
-2-
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On this day of , 19 ,
before me, the undersigned, a Notary Public in and for the
County of Orange, State of California, personally appeared
and ,
known to me to be the and
respectively, of the City of
Huntington Beach, and also known to me to be the persons
who executed the within inst ument on behalf of said City
of Huntington Beach, and acknowledged to me that they
executed the same for and on behalf of said City of
Huntington Beach.
IN WITNESS TiJHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
written.
Notary Public in and for the County
of Orange, State of California
My Commission Expires :
//V(0,5
c� •a �;
MEMORANDUM
In re: Procedure for abandonment of public parks
and vacation c-f highway easements by a city
Procedure for Abandonment of Procedure for Vacation of
Public Park Highway Easement
1. Adoption of a resolution 1. The City Council passes
by the City Council declaring that an ordinance or resolution declaring
public ' interest or convenience its intention to vacate the street,
requires the discontinuance of the referring to the street or part to
use of the land as a public park, be vacated by its lawful or official
which resolution name or the name by which it is
commonly known, and referring to a
(a) . contains an accurate map or plan on file in the office of
description of the land; the City Clerk for particulars as to
the proposed vacation. The ordinance
(b) states the common name of the or resolution shall fix a time and
park; place for hearing all persons
interested in or objecting to the
(c) states the disposition pro- proposed vacation, which time shall
posed to be made of -the park (the be not less than 15 days from the
exchange) ; date of the passage of the ordinance
or resolution (Section 8322, Streets
(d) fixes the time, not less than and Highways Code) . The election of
30 nor more than 60 days after the the City Council to proceed finder
adoption of the resolution, and a the provisions of Part 3 of Division
place at which the public or persons 9 of the Streets and Highways Code
w particularly interested may protest. shall be expressed in the ordinance
or resolution of intention to order
(Sections 38443 and 38444 Government the vacation (Section 8321) .
Code)
2 . The City Clerk causes the 2 . The ordinance or resolution
resolution to be published twice in shall be published or posted in the
a daily newspaper published and manner prescribed by law for the
circulated in the city or, if none, publishing or posting of ordinances
twice in a weekly or semi-weekly of the city (Section 8322) .
newspaper so published and circulated
or, if .none, twice in a newspaper
published in the county. Publication
must be completed at least 20 days
before the time set for the hearing
(Section 38445) .
Procedure for abandonment of Procedure for Vacation of
Public Park Highway Easement
3. The Park Superintendent or 3. Noticesof street vacation
another person designated by the shall be posted conspicuously along
Council must cause at least three the line of the street or part
notices of the adoption of the thereof proposed to be vacated at
resolution to be posted conspicu- least 10 days before the date set
ously not more than 300 feet apart for hearing. Such notices shall
along the exterior boundaries of be posted not more than _300 feet
the area proposed to be discontinued apart but at least three shall be
and abandoned as a public park. posted. Such notices shall state
Posting must be completed at least the passage of the ordinance or
20 days before the time set for resolution of intention and the
the hearing (Section 38446) . The time and place of the hearing
posted notices shall be headed (Section 8322) .
"Notice of Proposed Discontinuance
of Public Parkland, " state the date
of adoption of the resolution and
recite the facts contained in the
resolution (Section 38447) .
4. At any tj.me before the hour 4. The City Council shall on
set for the hearing any person the day fixed for the hearing or
interested may protest in writing on the day to which the hearing is
against the proposed abandonment postponed or continued, hear the
and discontinuance (Section 38448) . evidence offered by any person
At the. time set fog the hearing interested. If the City Council
or to which it is postponed, the finds from all the evidence sub-
Council shall hear and pass u on matted that any street or part
all such protests (Section 38 49) . thereof described in the ordinance
Protests are sustained unless or resolution of intention is
overruled by two-thirds vote of unnecessary for present ot,
the -legislative body (Section prospective public street purposes,
38450) . the City Council may make its order .
vacating such street or part thereof
(Section 8323) .
5, If passed, the legislative 5. Upon the making of such order
body shall adopt an ordinance of vacation the public easement in
declaring that the use of the land the street or part thereof vacated
described in the ordinance is dis- ceases and the title to the land
continued and abandoned (Section previously subject thereto reverts
38451) . to the respective owners thereof
free from the public easement for
street purposes . The Clerk shall
-2-
Y`
Procedure for Abandonment of Procedure for Vacation of
Public Park Highway Easement
cause a certified copy of such
order, attested by the Clerk under
the seal of the city, to be
recorded in t,ie office of the
County Recorder of the county
within which the city is located
(Section 8324) .
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City of Huntington Beach
oQ CAfontia
April 21 1962
Mr. E. A. Hartsook
2110 Main Street
Huntington Beach, California
Dear Mr. Hartsook:
As per your request to Mr. Miller, we are submitting a copy
of Resolution No. 1577 of the Huntington Beach �;ity Council,
passed and adopted at their regular meeting held Monday,
21pril 2, 1962, relating to Route 60 Freeway.
If we can be of further assistance, please feel free to
contact this office.
Sincerely yours,
Paul C. Jones
City Clerk
PCJ :ed
Enc :
FH
UI�I�TI�ISGTO Is �C 0 /!�P �
2110 MAIN STREET HUNTINGTON BEACH, CALIFORNIA
E.A.HARTSOOK March 28, 1962
VICE PRESIDENT AND GENERAL MANAGER
City Council of Huntington Beach
Civic Center
Huntington Beach, California
Gentlemen:
As you are no doubt aware, engineering studies will be commenced shortly
to determine the route of the Pacific Coast Freeway from Highway 39 to
Seal Beach. We believe that the alignment ultimately adopted will have
an important affect on the growth as well as the economic well-being and
recreational potential of this area.
A freeway along the beach front in this coastal area would seriously
impair the natural beach front environment. Any routing along the shore
would also tend to discourage development of the shoreline areas border-
ing the ocean. This has been clearly recognized by the State Beaches &
Parks people who have recommended that the alignment be placed inland.
It has also been recognized by many of the interested parties who have
studied the problem between the Newport area and High-,ray 39.
From the Huntington Beach Company standpoint, a freeway immediately along
the shore in Huntington Beach or fairly close to the shoreline, would
have a most serious and detrimental affect on plans which we have discussed
with you for the long range development of our properties. We are there-
fore extremely interested in calling your attention to the seriousness of
this problem with the hope that you may also feel concerned about the
proposed freeway route. In our opinion there is a community of interest
between the City of Huntington Beach, other coastal communities and land
owners, and the Huntington Beach Company. It would seem that the import-
ance of a freeway alignment as far inland as possible through this area
is so clear that we should all make our positions known before the high-
way studies for this area are commenced in detail. We plan to do this
and feel sure that others will be doing the same thing.
In the interest of the future potential of Huntington Beach as a major
residential-recreational community, we hope that you will register your
feeling on this matter formally so that the State will have an opportunity
to consider at the outset in their studies the point of view of as many
groups along the coast as possible.
Yours very truly,
I
I
V,
L E
H_ung milt Ob BMW W
225 BUSH STREET
SAN FRANCISCO 20, CALIFORNIA
December 9, 1959 75'k
City Council
Huntington Beach
California
Gentlemen:
To clarify any misunderstanding that may exist concerning the
use of the 1.189-acre parcel located at Ocean and Huntington
Avenues we acquired from the City, this is to confirm con-
versations between City officials and officials of our company
that we will use this property in our Huntington Shores project.
At the present time, construction of mobile home spaces is under
way on this property. We have no intention of using this land
for any other purpose.
Very truly yours,
Robert G. Rd6v�;e4
Attorney at Law
RGR:ar
C
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P
Y
HUNTINGTON BEACH COMPANY
225 Bush Street
San Francisco 20 California
December 9 1959
City Council
Huntington Beach
California
Gentlemen:
To clarify any misunderstanding that may exist concern-
ing the use of the 1.189 acre parcel located at Ocean
and Huntington Avenues we acquired from the City this
is to confirm conversations between City officiais and
officials of our company that we will use this property
in our Huntington Shores Project. At the present time ,
construction of mobile home spaces is under way on this
property. We have no intention of using this land for
any other purpose .
Very truly yours,
Robert G. Rove
Attorney at Law
RGR:ar
I
Y
Huntington Beach mi mW
9 Huntington Beac4pCallf.
�EcE�uE4
May 21, 1958 MAY 22 iy58
gty of Huingtun Beach ;`v
CITY CLERK f�
Request for Beach Concession
Foot of llth Street
Mr. do Mrs. C. S. Johnson
1.9062 Runtington Beach Blvd.
ifuntington Beach, California
Dear Mr. & Mrs. Johnson:
This will acknowledge the renewal of your request, dated
May 9, 1958 (and received by us on May 20) for a beach concession
at the foot of Uth Street. You also enclosed copies of past cor-
respondence on this subject for our information.
D ''hike we recognize that beach patronage has increased
since your first request of July 2, 1956, we do not believe that it
hats as yet reached the point whore additional facilities are needed
in view of the extra expense necessary to provide utilities and
especially sewer lines at the llth Street location. Except for a
limited number of week-ends during the height of the tourist season,
present facilities have been generally adequate. As you know, our
Company has not .favored placing concessions on the beach excerpt in
the areas provided for this purpose between the pier and the plunge.
The concession at the foot of 8th Street was worked out in coopera-
tion with the City of Huntington Beach.
At present our Company is making a study of long range
planning affecting the beach front and other properities to deter-
mine what developtents should be undertaken in the future, and this
current matter will be included in the survey. We can not predict
at this time what final action will be taker;:, but at least there
will be no concession sites available on the beach in the immediate
future.
You5rm4man
truly,
JSB:jm J. I�nny
cc: Mr. G. J. O'Brien �.
Mr. J. L. Henricksen
0.41 HIGGINS BUILDI\G
2\D AND;►SAKI STREETS
JAS. S. LAWSHE
MANAGER
Los ANGELES. CALIF.
I
July ,
Twenty-sixth, :
1 9 24 ,
i
City Council,
Huntington Beach, �,A
California.
Gentlemen:
There is a situation existing at Huntington Beach which
the Huntington Beach Company would like very much to rectify, but
we feel that it can not be done except with the cooperation of the
City council.
The Huntington Beach Company and the Pacific Electric
Railway Company oryn the Ccean-front at Huntington Beach. There has
never been any attempt made on our part to prevent the free use of
this by the citizens of Huntington Beach and the visitors of the
town. '.`:'e want this condition to continue, but every year sees the
coming of some people who construe this privilege as a license.
I refer particularly to the campers and people who move
in upon the beach and erect structures composed of canvas, boards,
or any material available, and occupy same for indefinite periods.
The result is that the beach front at Huntington Beach is a dis-
grace to the City. It is an eye-sore, and is causing a great deal
of unfavorable comment to be passed upon our City.
The Huntington Beach Company has allowed the City to
erect sun-shelters and pavilions; pipe same with gas for the bene-
fit of picnickers. We did not contemplate however, the moving in
of permanent or semi-permanent tenants on the Beach. 13e have
arranged wvith the City for an auto camp grounds, and it does not
seem right to us, or right to the citizens of the town, or to the
VI
r 1
7
r
City Council No. 2
town as a municipality to allow camping or the erection of closed
tents upon the beach-front.
At the time of this writing there are a number of tents
erected in front of the 1unicipal Pavilion on our ground. Steps
should be taken immediately to remove same.
I trust that you will appreciate our position in this
matter and understand that we have only the interests of the whole
town and community at heart, and we believe by keeping such tents
and structures off of our beach-front, vie are helping the town.
Will you not give this matter serious consideration and
cooperate with us by passing an ordinance prohibiting the erection
of any closed tents ( shade shelters permitted) on the ocean-front?
With the City backing us up on this proposition we can keep the
beach front free from this unsightly condition; make it more en-
�oyable for all, and let it be a credit to the City rather than an
eye-sore, as at present.
The district upon which this should apply 'should be that
section lying between the Pacific Electric right-of-way and the
high-tide line and within the City Limits.
Very truly yours,
JSLJB
tErr'is�s Tw f..S?i1?lG.Et�
R E S O L U T I O N
HUNTINGTON BEACH CHAMBER OF COMMERCE,
The Board of Directors of the Huntington Beach
Chamber of Commerce do hereby urge that the City of
Huntington Beach expedite in every possible way the
initial beachfront development of the Huntington Pacific
Corporations now so long delayed.
We feel that this project in no way conflicts
with the' Urban Land Institute Steering Committee 's pro-
gram since it conforms with the orderly development of
the beaches as recommended by professional planners;
city staff and the Urban Land Institute.
i
:og r D Slates,
Presider
re side
ATTEST
Dale L. Dunn'
Manager
i
i
Passed and adopted by the Huntington Beach Chamber of
Commerce Board of Directors July 25, 1966.
I '