HomeMy WebLinkAboutAUTHORIZATION TO EXECUTE QUIT CLAIM DEEDS FOR RESERVOIR HILL REQ UE FOR CITY COUNCO ACTION
Date February 3, 1988
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrator GptS�C'1L
Prepared by: Les G. Evans, Acting Director of Public Works -4.�
yV�G
Subject: Reservoir Hill, Water Booster Station Deed Exch e; CC-534,.�'' iC ,gig
GST�
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:,
Statement of Issue:
The City of Huntington Beach and the Huntington Beach Company need to execute
quitclaim deeds according to agreemefri_ dated December 30, 1986.
Recommendation:
Execute the quitclaim deeds.
Analysis:
The water pressure in the area generally bounded by Edwards, Yorktown, Huntington
and Ellis is not adequate to provide fire flow to existing and future developments.
In order to correct this problem, a water booster station needs to be constructed
to replace the existing reservoir at the southeast corner of Clay Avenue and
Golden West Street.
The agreement between the City of Huntington Beach and -Ule Huntington Beach Company
dated December 30, 1986 provides the Huntington Beach Company to donate a 0.49 acre
of land at the northwest corner of Clay and Golden West and agree to participate
in an assessment district when it is formed. In exchange, the city agreed to
construct the booster station at its cost and to remove the reservoir and its
equipment from the company's land which it has leased for $1.00 per year to
the city for many years.
Funding Source:
No expenditure of funds is involved in the recommended action.
Alternative Actions:
N/A (Not applicable) .
Attachments:
1. Location Map
2. Agreement
3. Quitclaim deeds
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ATTACHMENT #2 11
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Recording requested by: City of Huntington Beach This document is solely for thq
Aftcr recording return to: I"I ce of the City Clerk official bu,lness of the City
y of luntington beach 3f lluntin."ton He:ich, as contem-
2000 Main Street plated un:'or Covornment Code
liul,tington Beach, CA 92648 $ag. 6103 and should be recorded
free of eharge.
AGREEMENT BETWEEN THE CITY OF HUNTINGTON
BEACH AND THE HUNTINGTON BEACH COMPANY EXEMPT
CONCERNING RESERVOIR HILL PROPERTY C16
This Agreement is entered into this _.?Q day of December, 1986, at Huntington Beach,
California, by and between the HUNTINGTON BEACH COMPANY hereinafter called
"OWNER," and the CITY OF HUNTINGTON BEACH, a municipal corporation of the state of
California, hereinafter called "CITY." Q
CWCCC����
WITNESSETH
WHEREAS, the parties desire to resolve issues relating to certain water pumping and
distribution facilities and interests at Reservoir Hill, REC011DED IN OFI I;:IAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
NOW, THEREFORE, the parties hereto agree as follows: -232 PM JAN 29 '87
1. General Provisions:
1.1 Authority:
I ` i y ,� CIOUNT RER
ECORDv
Each party hereto represents to the other that it has full and complete authority
to enter into this Agreement, and that each party hereto considers this Agreement to be
fair, reasonable and advantageous to each, and this Agreement shall be binding regardless of
the fact that the rights and obligations may be dealt with by successor legislative bodies of
CITY.
2. Specific Provisions: `
OWNER and CITY covenant and agree to take the following action with regard
to Reservoir Hill.
2.1 No later than one (1) year from the date hereof, CITY shall quitclaim to
OWNER all of its right, title, and interest in and to OWNER's Reservoir Hill property,
described in Exhibit A, attached hereto and made a part hereof (hereinafter called "the
Property"), except for CITY's interest in that certain lease dated September 15, 1949,
attached hereto as Exhibit C.
2.2 As consideration for the above, OWNER shall simultaneously convey to
CITY, a site containing approximately 0.5 acre located at the northwest corner of
Goldenwest Street and Clay Avenue, as shown on Exhibit B attached hereto and made a part
hereof (hereinafter called "the Site").
2.3 Within two (2) years of the date of this agreement, CITY shall, at its sole
cost, construct or cause to be constructed upon the Site, new facilities, consisting of a I
water pumping station, together with necessary appurtenant structures, equipment,
transmission lines, and site improvements (hereinafter collectively called "new facilities").
1
%)'-052M3
2.4 Upon completion of the construction of the new facilities, CITY and
OWNER shall execute a mutual termination agreement, terminating said September 15, 1949
lease. No later than three (3) years from the date of this agreement, CITY shall at its sole
cost, remove the existing reservoir, pipelines, and all existing buildings, structures,
machinery, pumps, plants, fixtures, or other improvements located upon the Property.
3. Processing Fees:
No provision of this Agreement shall be construed to limit the authority of the
CITY to charge processing fees for land use approvals, building permits, and other similar
permits and entitlements which are in force and effect on a city-wide basis at the time
those permits are applied for, except to the extent that any such processing fees would be
inconsistent with this Agreement.
4. California Law and Attorneys Fees:
This Agreement shall be construed in accordance with the laws of the State of
California. Should legal action be brought by either party for breach of this Agreement, or
to enforce any covenants and other provisions herein, the prevailing party of such action
shall be entitled to reasonable 'attorney fees and all costs, including, but not limited to,
court costs.
S. No Joint Venture:
The parties hereby renounce the existence of any form of joint venture or
partnership between them and agree that nothing contained herein, or in any document
executed in connection herewith, shall be construed as making CITY and OWNER joint
venturers or partners.
6. Legal Challenge:
In the event of any legal action instituted by any third party, or other
governmental entity or official, challenging the validity of any of the provisions of this
Agreement, the parties agree to cooperate in defending said action.
7. Best Interest:
CITY has found and determined that execution of this Agreement is in the
best interests of the public health, safety and general welfare, and the provisions of this
Agreement are consistent with existing ordinances of the CITY.
8. Notice:
All notices required by this agreement shall be in writing and delivered in
person or by certified mail, as follows:
Notice to CITY shall be addressed as follows:
City Administrator
City of Huntington Beach
2000 Main Street 1
Huntington Beach, CA 92648
"7-052003
o OWNER
shall be addressed as follows:
Notice t
Huntington Beach Company
2110 Main Street cA 9264$
Huntington Beach,
Co. Amendment: be acne nded by mutual written consent of the parties.
reement may only
This Ag deemed to be
duplicate originals, each of which is
10. nuplicate c_r► ►g n_ als'
This Agreement ►s executed in
►nal. reement to be executed
an orig'
OF, the partie at s hereto have caUSed this
cal'►fornia on the day, month,
IN WITNESS WHERE Huntington Beach,
by and through their authorized officers
and year first above written.
*T,
TO AC"
tiUN'nNGTON CH COMPANY
4
Oresident
Ass►stan
Secretary
APPROVED AS TO p'ORM:
ATTf-ST- `
?140801L�1� I t
4yorney
E
STAT or
C OF QRJ11�E IA
• � APPROVEg'
Nota 8T
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and L tic a ' day
y° of
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the v� City or H , known to Stdte. 19� fo
to�jn the
tWn r�n ant ont 9know a°oh k the m o me
to beto d he sonal,be M4Yor Y appeared
that such Flo Pal lcorpora
°r s d m to be to ithe dpara Forati` o�. CttY Cler
prporatj uniotPal ons Mhothat exec k
m C OPPIC1 on executed c�8 executed4t on And � t°d
NOVl1 q�' SFAL acknowledged
'°�'PUBLIC
B�CICWAY
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87-052003
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of Deze_s C. C , 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared fl• J. known to me or proved to me on the basis
of satisfactory evidence to be the Vice Ili i ;:. . '� , and
A j �'' ' known to me or proved to me on the basis of
satisfactory evidence to be the Sec ',C _ of HUNTINGTON
BEACH COMPANY, that executed the within in trument, and personally
known to, me to be tho persons whose names are subscribed to the within
instrument on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
i
Signature:
OfFI:KILUIN
THERE
Nniary hrnia
OWN1My CemnF . 1590 Theresa Killeen
YIlo Main St. hunldiyluu beach, i A 411018
Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
I
8h052003
EXHIBIT A
i
LEGAL DESCRIPTION OF RESERVOIR HILL PROPERTY
Those portions of the northwest 1/4 of Section 2, and the northeast 1/4 of Section 3, both
sections being in Township 6 South, Range I West, San Bernardino Base and Meridian,
described as a whole as follows:
Beginning at a point of compound curve, which point is north 81 degrees 56' 8" west a
distance of three hundred (300) feet from the northwesterly corner of Smelter Avenue and
Clay Street (now known as Summit Avenue) as said streets are shown on a map of Garfield
Street addition to Huntington Beach, recorded in Book 7, Pages 27 and 28 of Miscellaneous
Maps, Records of Orange County, California, thence in a westerly direction from said point
of beginning, 445.058 feet along the arc of a circle of radius of 510 feet; the center of which
circle bears south 31 degrees 28' west from the point of beginning, to a point of compound
curve; thence southerly along the arc of a circle of 135.362 feet radius, a distance of 240.03
feet to a point of compound curve; thence southeasterly along the arc of a circle of 613.156
feet radius, through a distance of 222.950 feet to a point of compound curve; thence
easterly along the arc of a circle of 305.543 feet radius, through a distance of 470.41 feet to
a point of compound curve; thence northeasterly along the arc of a circle of 149.52 feet
radius, through a distance of 86.74 feet to a point of compound curve; thence northwesterly
along the arc of a circle of 205 feet radius, through a distance of 226.79 feet to the point of
beginning, containg 5.17 acres, more or less.
i
Excepting therefrom that portion lying westerly of a line which is parallel to and 60 feet
measured at right angles, westerly of the easterly line of Section 39 Township 6 South, Range
I West, San Bernardino Base and Meridian.
8T-052003
• 3-6-11 4 SECTIONAL DISTRICT MAP 2-6- I
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
AvIfiJE GARFIELD
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This INDEUTURE OIP LXASS, dated this 15th day of September, 1949, betwom
HUNTINGTON BEACH COMPANY, a California corporation (hereinafter called 'Lessor')
with an office and place of business at MO Main.8troot, Huntington Beach, California,
1
Lessor, and SOUTHERN CALIFORNIA WATER COMPAN'i, a California corporation (hereinafter
called 'lasses') with its principal executive offices located at 950 Bondi: Baildiagt
1206 South Maple Avenue, Los Angeles 15, California,
1112A5AAZIA:
That for and in consideration of the payment of the rents hereinafter pro*
vidod and of the performance of the covenants, conditions and agreements hereinafter
contained, Lessor does hereby lease and demise unto Lessee and Lessen does borob7
rent and hire from Lessor that certain unimproved parcel of land situated in the
County of Orange, State of California, described as followss
That pert of the pa- eel of land is said County of Orange,
conveyed by deed recorded August 29, 1917, in Book 30% Page 229j of
Deeds, records of said County, and designatod therein as parool No. 1,
described as follows:
1
Beginning at a point of "pound curvature 1A said parcel, said point ,
being common to the curved of radius 613.156 feet and 305.543 foots,
respectively, thence Bastorly along the curve of radius 305.543 feet,
76.00 feet to the tree point of beginning, thence L 170 281 09' _.
70.00 feet, thanco 8. 720 311 51' E. 77.79 feet, thence S. 170 281 09'
We 70.00 feet to a point in said curve of radius 305.543 foot, tbencs
Westerly along said curve 78 feet more or less to said true point of
beginning.
TO HAVE AD TO HOLD said demised promises unto the Lessee, its successors
and assigns, for the term and upon the conditions, covenants and aareoments hereinr
after set forth.
1. M. The terse of this lasso shall be for a period beginning on the
date hereof and continuing for 15 years and thereafter from year to year until said
tors and this lease &ball bi' terminated by mitten notice from either the Lessor or
the Losses to the other thereof given at least one year prior to the date of sash ,
termination to be specified 'in 4h notice.
2. AM. As rent for said demised promises Lessee shall pay to Lessor
the sta of ten dollars ($10) per year. Such rent for each yearly rental period &hall
t�-11�tT" G
87-052M3
be payable in advance on or before the first day of the yearly rental period with
respect to which such rent is so payable.
3. USE 4F PROdISF.S. Said demised premises shall be used exclusively as
a site for a booster plant in connection with tbo-operation of a public utility water
business. Lessee shall cause all laws, ordinances and other requirements of may
governmental autbority applicable to the use or condition of said demised premises
to be fully not and complied with without cost to Lessor.
4. I1IPROMdE IA. Lessee accepts said demised premises in their present
condition and Lessor shall be under no obligation to make any improvement thereof or
otherwise to put said demised; premises in condition suitable to or required for any
use to be made thereof by theLossee. The Losses, at its option, may at any time or
from time to time during the tars of this lease sake, install, alter or ohange the
location of any buildings, structures, machinery, pumps, plants or fixtures or other
improvements or equipment of any kind or character upon said demised premises for
1+114 •whereon in the operation of the public utility water businesol provided, howrmp
net such improvements do not, interfere with existing facilities located on said
devicod premises. The cost of making, installing, altering or changing the location
of any such buildings, structures, machinery, pumps, plants, fixtures or other it
provemen6 :equipment shall be borne by Lessee and Losses shall hold Lessor hara-
lor- _�,a and against all lidbility based upon or arising out of any such cost.
-,as shall promptly discharge or cause to be disaharged any and all mechanical liens
or siailrs charges which may arise or be claimed on account of any each costs.
In the event of terming%ion of this lease, the Lessee shall promptly
i
com►5nca the removal of all buildings, structures, maohinery, pumps, plants, fixtures,
and other Improvements or equipment installed by Lassse upon said demised premises
CA shall diligently continue the work of such removal until it is completed. Tha
Losses shall restore said demised premises to as near their original condition as
In reasonably practicable and shall 1iave said demised premises in a beat, Olean and
orderly condition. If the Lpasee fails to remove such facilities or any thereof or
fails to restore said demised premises within sixty days after termination of this
lease, then the Lessor may elect to take title to such facilities or any thereof
2 �
8l_ 052OD3
without payment by or cost to the Lessor, or may cause such facilities or any
thereof to be removed and disposed of and said denised premises to be restored, all
at the expense of the Leasoo. The Lessee shall pay to the Lessor upon demand the
entire expense of such removal, disposition and restoration and the Lassor shall not
be or be hold liable or in any way responsible for my expense, loss or damage to
the Lessee resulting from such removal, disposition or restoration.
5. =. So long as any of the aforesaid buildings, structures, machinery,
pumps, plantss fixtures and other improvements or equipment shall remala the property
of the Lessee, all tams and assessments levied thereon shall be paid before delis-
quency by the Lessee. Lessor shall pay before delinquency all taxes levied and
assessed upon the above described land hereby leased to Lessee.
6. SERVICE CUM* Leese shall pay for all charges for telephone,
electricity, water or other public utility services rendered at its request to the
demised premises by any third party and shall hold the Lessor harmless from and
against all such charges.
7. -'-JMM. If Lasses shall fail to pay rent as herein provided wham
the samo t-- as due and payable or shall fail to observe or perform sty► other
covenant, r—A ttion, or obligation of this lease on its part to be observed or
performor An is any such event Lessor shall have the right to enter into possession
of the C .ir - pr!.ainsa and to remove all persons and property therefrom and# at
the or ' A Leaaor, to terminate this lease. The foregoing enumeration of rights
E11-4 lea of Lessor shall not be exclusive, but in addition thereto Lessor may
,as any and all other rights and remedies to which it is legally entitled by
:salon of any failure or default hereunder on the part of Lessee. All such rights
and remedies of Lassor shall be cumulative and the exercise of one thereof by Lessor
shall not iapair its right to any other thereof. The waiver by Lessor of any breach
of +ny term, condition, covenant or provision of this lease shall not be deemed to
be or constitute a waiver of any other breach thereof.
8. 1SSI��'T. The Lessee shall not sell or otherwise dispose of any
building or other structure now or hereafter located upon the deaised premises or
sell or assign this lease, or any part thereof, or interest therein, or sublet or.
.. 3 ..
81-052003
underlet the denised premises in whole or in part, or become associated with any
other person, directly or indirectly, as partner or otharwise, in regard to Lesse•ts
interest in, to or under this lease, or persit anyone to oocop7 said preaises or
any part thereof in place and stead of Lessee', or occupy the said presisss or say
part thereof as trustee of an express or iaplied'trust for any person whoasoever,
without the written consent of the Lessor; no written consent by the Lessor hereunder
shall be deemed a waiver by the Lessor of any of the provisions, herepf, axe pt to
the extent of such consent. And any assiguwnt of this lease or any interest
therein or by operation of law, by any process or prooeeding of any court+ or by
attachment, execution, proceedings in insolvency or bankruptcy, whether voluntary
or involuntary, or receivership or reorganisation or composition proceedings, shall
constitute a breach of the covenant against the assignment of Lessee's rights here-
.
under.
9. IKDEO The Lessee agrees to hold the Lessor and its present and
future subsidiaries harmless from and to indemnify than against any and all damage
to or loss of property, or injury to or death of persons, that dirsotly or indirectly
may be caused by or arias or result from Lesssels occupancy or use of said premises,
or the enjoyment of any of tte rights hersin, or the broach✓~ by Lessee of eny,of
Lessee's obligations hereunder, irrespective of say negligence of Lessor. The Lessee
also agrees to bold the Lessor and its present and future subsidiaries harmless
f••oy and to indemnify than against any claia for damage to or loss of any buildings#
traotures, improvesents or other property of the Lessee in, on, and about the Said
,sassed promisee, or injury to or death of any person on said premises on behalf of or
:t the invitation of the Lessee, whether such olaim arias out of the negligence of
tLe Lessor or its present or future subsidiaries, or othserwiseti
10. §0 . Any notice with respect to any matter covered by this lease
shall for all purposes be deemed to have been properly and sufficiently given if
sent by nail ,dowsed, in the case of a notice to Lases, to it at its address
hereinsbove given, or, in the case of a notice to Lessor, to it at Box 110,
Huntington Bsaeh, California. Either party may at any time give notice to the
I
IPA
87-05200'
other party of a change in the address to which notices thereafter •hall be sent
to the party giving notice of such ohangs.
This lease is made subject and subordinate to all the terma, covenants,
I
and conditions of that certain oil and gas lease between'Huntiagton Beach Company,
as Lessor, and Amalgamated Oil Company, as Lessee, dated October 12, 1920.
IN WITNESS WHEREOF, the parties horato have executed this lease the day
and year first above given.
WNTINGTON BEACH COMPANY
Pre ident
I By
Sear*tary
(IESSOR)
SOUTHERN CALIFORNIA WATER COMPANY
Preside it
_ By /
Secretary
ti
r S w
ti W
87-052M3
Other party of a change in the address to which notice# thsr•after ahall be sent
to the party giving notice of such *!Tangs.
This lease is made subject and subordinate to all the terns, covenants,
Y I
and conditions of that oertalo oil and gas lease between Huntington Beach CompWo
as Lessor, and Amalgamated Oil Company, as Lessee, dated October 12, 1920.
IN Wl't!l W MEW,, the parties hereto have executed this lease the day
and year first above given.
Otate of (falifornia IL
City and County of San Francisco }
On this.......................................Z7 .......day Of.....G.. ...:r.-t/t�
......................................... in the yearof our Lord One Thousand
Hine Hundred and Forty.:!-3C...............:. ........be/ore me,
���---•-�• CHALMER MUNDAY, a Notary Public in and
(or said.City and County and State, residing therein, duly commissioned and sworn, personally appeared....................................
..............F,S.DRYANT...and.. H, 4„�FVFRAN��...».....................known to me to be the
President and Assistant 'Se,rotary, respectiveyt .4{
................................................ ...............---..................._.....
' uilrM7 r.M .7r0,t
..........................................:........::t;....... a�l'�Y......................the Corporation described in and
that exeiUted the within ittatrument, and also known to me to be the person:. who executed
it on behalf of the said Corporation therein named, and............CFtel...........acknowledged to
me that mach Corporation executed the same.................................................................................
..........................................................................................................................................................
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Official Seal, at my office in the City and County and State aforesaid the day aitd`
year in this certificate above written.
, 4
............................................................................`....................... .
Notary Public in and for mid City and County of Sao Francisco. atc of Glifarttla
STATE OF CALIFORNIA fss.
COUNTY OF LOS ANGELES
On is......_... . ......... ...day of............ ? ......_......_......_...............in the year 19V .I A.D.,before me,
t3!� !-4x.. ..... .. .. ...»..... ....a Notary Public in and for said County, residing herein, duly commissioned and
sworn, personally appe ad.�.................. ....................._...........................................
�............. G�[f/ ...... ..... _...known to me to be the
_...
President, and................. . :..:..... ._.............known to me to be the
......................................................._...........Secretary of the Corporation that executed the
within instrument, known to me to be the persons who executed thewithin instru-
ment on behalf of the Corporation within named,and acknowledged to me that such
Corporation executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my ol2cial
sea]in said County,the day and year in this certificate first above written.
Notary §t;U s In and tar t u of Los Aaplu Bata of Uforala
My Commission Expires Feb. 17.1953
UI :Q5200J
TIDE WATER ASSOCIATED On COYPAIiT, saooessor in interest
of Amalgamated Oil Company, Lssee named in that certain oil and gas
lease dated October 12, 19201, between Huntington Beach Company and said
Amalgamated Oil Company, oovering, among other lands, the lands described
in the foregoing booster plant lease dated the 15th day of September, 1949,
does hereby consent to the making of said booster plant lease with the
understanding that said booster plant lease shall be subject to the
terms, oovenants and conditions of said oil and gas lease dated
October 12, 1920i and further, subject to the proviso that all of the
covenants, terms and oonditions in said booster plant leµse dated the
15th day of September, 1949, contained, szoept the right of Huntington
Beach Company to receive the rental as provided for in said booster plant
lease, shall inure to the benefit of said Tide water Associated Oil
Company, as wall u to the benefit of Huntington Beach Company,
Southern California Water Company, the Lessee named in said
booster plant lease dated the 15th day of September, 19499 beret
accepts said consent subject to the above conditLon and provisions and
agrees to be bound by and perform the "me
DATED this _„l L day of tr,�,,,_,,,.., 1949e
TIDE WATER AS90CLTSD OIL CORANY SOBTMV CALISOUIL UM OOYPAYT
By 8T
b'oWX4, J
ATTACHMENT #3
CONFORMED COPY
' Not Compared Original
+ WHEN RECORDEDY PLEASIETURN TO: RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
OFFICE OF THE CITY CLERK 41 BS-�Q�4Cn
CITY OF HUNTINGTON BEACH uU �89 UU -319 PM FEB 29'88
2000 MAIN STREET
HUNTINGTON BEACH, CALIFORNIA 92648
EFXEM Q COUNTY
{G.►Y� RECORDER
C14 Tax-Exempt-Government Agegey
City of Huntineon Beach
CORPORATION CLAIM DEED Aih1s M. W&KwrM
city clerk
POR. A.P. #110-200-29
Deputy City Clerk
For valuable consideration, receipt of w Ich is hereby acknowledged, HUNTINGTON
BEACH COMPANY, a California corporation, hereby remises, releases and quitclaims to the
CITY OF HUNTINGTON BEACH, a California municipal corporation, all of Huntington
Beach Company's right, title and interest in and to the following described real property:
That portion of the northeast quarter of Section 3, Township 6 South, Range 11 West,
S.B.B.&M., as shown on a map recorded in Book 51, Page 14 of Miscellaneous Maps, Records
of said County, more particularly described as follows:
BEGINNING at the most northeasterly corner of Tract No. 7656 as said Tract is shown
on a map recorded in Book 295, Pages 28 through 31 of said Miscellaneous Maps, said corner
being also the centerline intersection of Goldenwest Street and Clay Avenue as shown on
said map of Tract No. 7656; thence along said centerline of Goldenwest Street North 0
degrees 17' 20" East 103.92 feet; thence leaving said centerline North 89 degrees 42' 40"
West 37.00 feet; thence South 20 degrees 00' 43" West 46.80 feet; thence South 88 degrees
17' 35" West 7.00 feet to the intersection of the westerly and southerly lines of the 15-foot
wide strip of land described as Parcel "G" in that certain Right of Way and Easement
Agreement between Huntington Beach Company and Standard OR Company of California as
recorded December 28, 1971 in Book 9943, Page 221 of Official Records of said County;
thence along said southerly line of said Parcel "G" South 88 degrees 17' 35" West 181.50
feet; thence leaving said southerly line South 56 degrees 04' 34" West 31.20 feet; thence
South 0 degrees 55' 16" East 118.65 feet to a point on the northerly boundary of said Tract
No. 7656, said boundary being also the centerline of said Clay Avenue which centerline is a
curve concave northwesterly and having a radius of 800.00 feet; thence northeasterly along
said curve through a central angle of 6 degrees 53' 49" an arc length of 96.30 feet to a point
of reverse curvature with a curve concave southeasterly and having a radius of 800.00 feet;
thence northeasterly along last said curve through a central angle of 12 degrees 59' 29" an
arc length of 181.39 feet to the POINT OF BEGINNING, a radial passing through last said
point bears North 9 degrees 33' 22" West.
EXCEPTING AND RESERVING to Huntington Beach Company, its successors and
assigns, from that portion of said real property lying below a depth of five hundred (500)
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
See. 6103 and should be recorded
free of ehsr!�A-
• i
feet beneath the surface thereof, (hereinafter called the "sub-500 portion") all oil, gas,
asphaltum and other hydrocarbons and all other fissionable materials within or that may be
produced or extracted or taken from the sub-500 portion of said real property, which said
oil, gas, asphaltum, hydrocarbons and materials shall be hereinafter collectively called the
"sub-500 minerals", and
FURTHER EXCEPTING AND RESERVING to Huntington Beach Company, its
successors and assigns, the following-
A. The sole and exclusive right from time to time to locate and maintain oil
and gas wells in the sub-500 portion of said real property and the right to drill for,
produce, extract and take the sub-500 minerals from the sub-500 portion of said real
property and the right to exercise all of the rights and privileges necessary for such
drilling, producing,extracting and taking; and
B. The sole and exclusive right to use the sub-500 portion of said real property
to conduct operations from time to time by methods now known or unknown which, in
the opinion of Huntington Beach Company, are reasonably designed to benefit or
facilitate the drilling for or production, extraction or taking of the sub-500 minerals
from the sub-500 portion of said real property or any minerals from lands other than
said real property (hereinafter called the"other lands"), together with the right to drill
a well or wells or use any existing wells in, into or through the sub-500 portion of said
real property, for the purpose of injecting into the sub-500 portion of said real
property or into other lands, oil, gas, air, water or other liquid or gaseous substances,
including the right, from time to time to ignite or otherwise activate any or all of such
substances so injected or any or all of the sub-500 minerals within the sub-500 portion
of said real property or any minerals from other lands, and
C. The sole and exclusive right from time to time to drill into and through the
sub-500 portion of said real property by means of a well or wells drilled from the
surface of other lands, together with the sole and exclusive right to repair, redrill,
deepen, maintain, rework and operate such wells and produce any minerals from other
lands by means of such well, or wells; and
D. The sole and exclusive right from time to time to locate, operate and
maintain subsurface portions of wells, in, into or through the sub-500 portion of said
real property and the right from time to time, to inject, store, pressurize and remove
the sub-500 minerals or any minerals from other lands for the purpose of storing the
same in the sub-500 portion of said real property or in other lands.
The above described rights excepted and reserved to Huntington Beach Company, its
successors and assigns, sha-11 not be limited to, or by, the first or any subsequent exercise
thereof.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this 22nd day of January, 1988, before me, the undersigned, a
Notary Public in and for said State, personally appeared R.J. Work and J.J.
Lopez, known to me or proved to me on the basis of satisfactory evidence to
be the Vice President and Assistant Secretary of HUNTINGTON BEACH
COMPANY, that executed the within instrument, and personally known to
me to be the persons whose names are subscribed to the within instrument
on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
Signature:
J
� G
OFFICIAL SEAL
TNEFESN KILLEEN
Notary Pubic-California Theresa Killeen
OPANGE COUNTY
My Comm. Eat. Jan 26. 1990
2!iQ Main S?_. Hun "—'cn aezrn= r2646 Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
, C •
• L •
Nothing hereinabove or hereinafter set forth in this
Quitclaim Deed shall be deemed to reserve to Huntington Beach
Company, its successors and assigns, any interest in the surface
or in any portion of said real property lying within five hundred
(500 ) feet measured vertically downward from the surface of said
real property, and the Huntington Beach Company expressly
releases any right to the use of the surface or surface entry
rights on the property.
FURTHER EXCEPTING AND RESERVING all water rights or or
related to or appurtenant to said real property including, but
not limited to, all right to percolating waters, artesian waters
and underground streams, but excluding the right of surface entry.
This corporation quitclaim deed shall not affect, and
Huntington Beach Company further excepts and reserves, the right
to receive any sums, including rental , royalties or other
payments, due or to become due under or by virtue of any lease
( including without limitation any oil and gas lease) or agreement
` affecting said real property.
This quitclaim deed is made subject to all matters whether of
record or not affecting the aforedescribed said land.
IN WITNESS WHEREOF, said corporation has caused its corporate
name and seal to be affixed hereto and this instrument to be
executed by its Vice President and Assistant Secretary thereunto
duly authorized.
DATED: JAAL)A�F-Y 22 1988
APPROVED AS TO FORM: HUNTINGTON BEACH COMPANY,
a California corpo ion
By:
City Attorney Vi President
Assistart Secre ar.y
2559L
cm
ti � •
C y o Huntington City f Hunti ton Beach
P.O. BOX 190 CALIFORNIA 92648
DEED CERT IF ICAT ION
This is to certify that the interest in real property conveyed by the
deed dated January 22, 1988 from Huntington Beach Company
to the City of Huntington Beach a municipal corporation is hereby
accepted by the undersigned officer or agent on behalf o£ the City
Council of the CITY OF HUNTINGTON BEACH, pursuant to the authority
conferred by Resolution No. 3537 of the City Council of the City of
Huntington Beach adopted on August 7, 1972, and the grantee consents
to the recordation thereof by its duly authorized officer.
Dated : February 23, 1988 CITY OF HUNTINGTON BEACH
ALJ= M. WIENTWORTb
City Clerk
By: az�
I r -
88-108403
CONFORMED COPt
WHEN RECORDED RETURN TON.ot Compared with Origind% j2t/L t 49- TV
HUNTINGTON BEACH COMPANY
2120 MAIN STREET, SUITE 260 RECORDED IN OFFICIAL RECORDS
HUNTINGTON BEACH, CALIFORNIA 92648 OF ORANGE COUNTY,CALIFORNIA
�ll 35 AM mAR 10 '88
EY�EMPT
C8
This document is solely for the
QUITCLAIM DEED official business of the City
of Huntington Beach, as contem-
A.P. #023-010-12 plated under Government Code
See. 6103 and should be recorded
free of eharge.
For valuable consideration, receipt of which is hereby acknowledged, the City of
Huntington Beach, a California municipal corporation, hereby remises, releases and
quitclaims to Huntington Beach Company all of the City's right, title and interest in and to
an easement originally reserved by the Huntington Beach Water Company, a corporation, in
a deed recorded September 25, 1920 in Book 363, Page 392 of Deeds, Records of Orange
County, California, which easement is for the purpose of using, maintaining, repairing,
renewing and reconstructing a reservoir, the right to use water mains running from the
reservoir, the right to lay additional water mains, and the right to use and operate a water
well, located on the following described real property.
A portion of the Northwest I of Section 2, and the Northeast I of Section 3, in
Township 6 South, Range 11 West, San Bernardino Base and Meridian, described
as follows:
Beginning at a point of compound curve, which point is North 81 degrees 5618"
West a distance of 300 feet from the northwesterly corner of Smeltzer Avenue
and Clay Street, (now known as Summit Avenue), as said streets are shown on a
map of Garfield Street addition to Huntington Beach, recorded in Book 7, Pages
27 and 28 of Miscellaneous Maps, records of Orange County, California; thence
in a westerly direction from said point of beginning, 445.059 feet along the arc
of a circle of radius of 510 feet; the center of which circle bears South 31
degrees 28' West from the point of beginning, to a point of compound curve;
thence southeasterly along the arc of a circle of 135.362 foot radius, a distance
of 240.03 feet to a point of compound curve; thence southerly along the arc of a
circle of 613.156 foot radius, through a distance of 222.950 feet to a point of
compound curve; thence easterly along the arc of a circle of 305.543 foot radius,
through a distance of 470.41 feet to a point of compound curve; thence
e
northeasterly along the arc of a circle of 149.52 foot radius, through a distance
of 86.74 feet to a point of compound curve; thence northwesterly along the arc
of a circle of 205 foot radius through a distance of 226.79 feet to the point of
beginning, containing 5.17 acres, more or less.
In Witness Whereof, this Quitclaim Deed is executed on this day of
S,SPV 1981
CITY OF HUN71NGTON BEACH,
a Municipal corporat' n
By:
Mayor
CIA M. WENTWORTH CJTY CLERN
Attest:46 •
City Clerk
AP7Pn A 0 FO :i
C!_'. . �: :d, Ci t
L' eau A t rrney
STATE OF CALIFOIWIA )
COUNTY OF ORANGE ) SS:
On this day of `� 19 68 , before me,
a Notary Public in and for said County and St e, personally appeared
tj , known to me to be the Mayor
and ,,,,u` 6t , known to me to be the City Clerk
of the City of Huntington each, the municipal corporati on 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.
t
OFFICIAL SEAL
BETTE WILLA
Notary PuWiC-California
ORANGE COUNTY
My Comm. Exp.Jan.8, t990