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HomeMy WebLinkAboutAbandonment of Subsurface Rights - Pierside Condemnation - ER��� lop n�-r— R,.Ly REQUEa T FO -- p � ME ACTION G50. so /— ci,41 A-f O'Qn-cY Submitted to: Submitted by: Prepared by: �ity Council Gail Hutton, City Attorney it Gail Hutton, City Attorney Date Subject: Abandonment of Subsurface Rights in Pierside Condemnation January 12, 1990 APFBOVED BY CITY COUNCIL Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: µ; STATEMENT OF ISSUE Whether to amend the legal description for the condemnation of the pierside property to the southeast of the Huntington Beach pier to delete the subsurface rights. RECOMMENDED ACTION Approve the attached resolution of abandonment to abandon all rights and interests below 500 feet in the pierside property. ANALYSIS At the time the legal description was approved by the City Council for the taking of the pierside property, it was a full description of the entire fee simple interest. The city holds a surface use easement. Later, we settled with the Huntington Beach Company, Chevron U.S.A., Inc., Chevron Gas Company, and Chevron Gasoline Company by a quitclaim of all rights above 500 feet. These grantors did reserve rights below 500 feet, including interests in any leases and agreements affecting that portion of the property. Contrary to recent contentions by members of the public, there is no reservation of any interests above 500 feet, and the quitclaim deed expressly provides that the reservations and exceptions apply only to the subsurface rights. The parties remaining in this eminent domain action are Southern Pacific Railroad and the State Lands Commission. As a housekeeping matter, we need to amend the legal description to delete all interests below 500 feet, and accordingly a resolution of abandonment is attached. Please adopt the resolution. Attachment: Resolution of Abandonment PI 0 5185 RESOLUTION NO. 197 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION 130 CONCERNING THE PIERSIDE PROPERTY SOUTHEAST OF THE HUNTINGTON BEACH PIER WHEREAS, the Redevelopment Agency of the City of Huntington Beach adopted Resolution 130 on August 4, 1986, declaring that the public need and necessity require the acquisition of real property by eminent domain, and Such real property is called the "Pierside" property and is located generally southeast of the Huntington Beach pier, being a parcel of real property along Pacific Coast Highway extending approximately 1020 feet southeast to Lake Street, more particularly described on Exhibit A to Resolution 130, and Agency now desires to amend such legal description to abandon all claims and interests in (1) any portion of such property lyinyy-below five hundred.-(5'00) feet and (2) any portion of such property extending seaward more than two hundred (200) feet frocn the northeasterly line along Pacific Coast Highway as depicted on attached Exhibit A, and Except for such property as is herein amended and abandoned, agency reaffirms and reenacts Resolution 130. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City nf Huntington Beach hereby adopts the legal description and map attached hereto and incorporated by reference as Exhibit A as the property necessary for the public uses and purposes set forth in Resolution 130 and abandons the -1- interests excepted and excluded therefrom. PASSED AND ADOPTED this 5th:- day of February _, 7.990. ATTEST: Agency Clerk REVIEWED AND APPROVED - Executive Director Chairman APPROVED AS TO FORM: Agency -2- MAIN PIER REDEVELOPMENT PROJECT (PHASE I, PIERSIDE) LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 3, Page 36, of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Beginning at the centerline intersection of Pacific Coast Highway and Lake Street, shown as Ocean Avenue and First Street respectively, on said mentioned map; thence along the centerline of Pacific Coast Highway.south 48021'42" east 37.50 feet to the intersection with the southwesterly extension of the southeast right -of --way .line of Lake Street; _thence_s.outh 41038'18" west 50.00 feet to the true point of beginning; thence north 48021'42" west 1,020.00 feet; thence south 41038'18" west 200.00 feet; thence south 48021'42" east 1020.00 feet; thence north 41038118" east 200.00 feet to the true point of beginning. The property herein described shall included all surface rights, aAczpting and reserving therefrom only that portion of said real property lying below a depth of five hundred (500) feet beneath the surface thereof, and all oil, gas, asphaltum, and other hydrocarbons and other fissionable materials within or that may be produced, extracted or taken without surface entry from the sub-500 portion of said real property. sTREEr 14�4 19 17 f;19 3 RD sTREEr AWN /P / ooa�2 3 C14 R- No. 197 �-; STATE OF CALIFORNIA ) f; COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 5th day of February 193L_, and that it was so adopted by the following vote: AYES: Members: Winchell, Green, Mays, Bannister, Silva NOES: Members: None ABSENT: Members: MacAllister, Erskine Clerk of the Redevelopment Agency of the City of Huntington Beach, Ca.