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HomeMy WebLinkAboutCivic Center Property Quitclaim Deed Transfer of Title from 7-, Council/Agency Meeting Held O/D Deferred/Continued to XAnnroved ❑ Conditionally Approved ❑ Denied V y IO's Sign ure Council Meeting Date 9/7/2010 Department ID Number ED 10-34 CITY OF HUNTINGTON BEACH REQUEST FOR CITY(CIVIC IMPROVEMENTS CORPORATION ACTION SUBMITTED TO: HONORABLE MA AND CITY COUNCIL SUBMITTED BY: FRED WILSON ADMINISTRATOR PREPARED BY: STANLEY SMA WITZ, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: APPROVE QUITCLAIM DEED FROM THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION TO THE CITY OF HUNTINGTON BEACH Fstatemerit of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approve a Quitclaim Deed from the City of Huntington Beach Civic Improvements Corporation to the City of Huntington Beach for the purpose of passing title of the Civic Center property back to the City of Huntington Beach Funding Source: N/A Recommended Action: Motion to: Authorize the President and Secretary of the City of Huntington Beach Civic Improvements Corporation to approve and execute the Quitclaim Deed to the City of Huntington Beach Authorize the City Administrator to approve all related documents Alternative Action(s): Do not approve the Quitclaim Deed to the City of Huntington Beach which may result in the City of Huntington Beach Civic Improvements Corporation being assessed regular property taxes REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/7/2010 DEPARTMENT ID NUMBER: ED 10-34 Analysis: On August 13, 1986, the City of Huntington Beach granted the properties that then made up the Civic Center site (five assessor parcel numbers) to the City of Huntington Beach Civic Improvements Corporation The transfer was made to facilitate the financing of bonds to pay off Civic Center debt and to provide new proceeds for the acquisition of land and construction of the Main Promenade parking structure The bonds were terminated through a Termination Agreement dated December 1, 2001 However, the Civic Center Properties have not transferred back to the City of Huntington Beach On May 21, 2010, the County Assessor removed two of the five assessor parcels from the County exemption list The reason for changing the tax status was that the County determined that the City of Huntington Beach Civic Improvements Corporation is not and was not tax exempt The assessor informed the City of Huntington Beach that the County would be sending the City a tax bill for the previous five years of unpaid taxes City staff is currently working with the County Assessor to reestablish the tax exempt status of the two parcels mentioned above The Huntington Beach Civic Improvements Corporation Properties in the Civic Center need to be transferred back to the City of Huntington Beach immediately to avoid any further property tax liability The transfer of the Civic Center Properties can be completed by quitclaiming the original grants back to the City of Huntington Beach Strategic Plan Goal: Maintain, improve and obtain funding for public improvements Environmental Status: N/A Attachrnent(s): . - NAPM, . -r Description Quitclaim Deed from the City of Huntington Beach Civic Improvements Corporation to the City of Huntington Beach -2- 8/9/2010 11 46 AM ATTACHMENT # 1 RECORDING REQUESTED BY: This Document was electronically recorded by - City of Huntington Beach City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records,Orange County Tom Daly,Clerk-Recorder WHEN RECORDED MAIL TO: 111111111111 Jill Jill 1111 Jill 111111111111111111111 NO FEE City Clerk 2010000453862 11:20am 09/14/10 City of Huntington Beach 217 405 Q01 17 P.O. Box 190/2000 Main Street 0 00 0 00 0.00 0.00 48.00 0 00 0.00 0 00 Huntington Beach, CA 92648 This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Sec 6103 and should be recorded free of char e APN INCORPORATED AREA QUITCLAIM ® DOCUMENTARY TRANSFER TAX$EXEMPT Location. SW Comer Lake Street @ Yorktown Signature of Declarant or Agent determining tax Avenue FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Huntington Beach Civic Improvement Corporation, a non-profit public benefit corporation, hereby remises, releases and quitclaims to the City of Huntington Beach, a California Municipal Corporation, all it's right, title and interest in the real property situated in the City of Huntington Beach, County of Orange, State of California as described in the Grant Deed from the City of Huntington Beach, a California Municipal Corporation, to the City of Huntington Beach Civic Improvement Corporation, a non-profit public benefit corporation, recorded 13 August, 1986 as document number 86-359342, attached hereto as Exhibit "A", together with that real property as described in the Grant Deed recorded 10 July, 1989 as document number 89-363294, attached hereto as Exhibit "B", excepting therefrom those lands previously granted to the City of Huntington Beach, a California Municipal Corporation from The City Huntington Beach Civic Improvements Corporation, a non-profit public benefit, recorded 10 July, 1989 as document number 89-363296 of official records of said county, attached hereto as"Exhibit C". Dated: September 07 , 2010 CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION, A non-profit public benefit corporation By: Cathy G#en Its: President Tht doaxnerd Is solely for the dftl@1 < of the CRY of RM&OW so contemphAed under gy: an L. Flynn tCodeSec W03and cretary 0' should b 9 recorded free of dialogs. FORM RSD8039 / 18019-13 Z rMNIOMMIN&M 0F E 00ut . AFTER RECORDATION PLEASE RETURN TO: mH plAEA AM 1 3'86 Jones Hall Hill 6 !White, A Professional Law Corporation ,� oaemx Four Embarcadero Center, Suite 1950 C1$ �- a• '" �"® San Francisco, California 94111 Attention: Charles F. Adams, Es®. Above for Recorder's Use Only THIS TRANSACTION IS EXEMPT FRO14 CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND SECTION 6103 OF THE CALIFORNIA GOVERMENT CODE GRANT 0 E E 0 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Huntington Beach, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"), hereby GRANTS and CONVEYS all of its right, title and interest in and to the real property, together with all buildings and improvements situated thereon, described on Exhibit 4A" attached hereto and incorporated herein, located in the City of Huntington Beach, County of Orange, State of California, to the City of Huntington Beach Civic_Improvement Corporation, a nonprofit, public benefit corporation, duly organized and existing under the taws of the State of California. Dated: August 13, 1986 CITY OF TING N 8 H By (SEAL of the CITY) Robert , Deputy City Administrator ACKNOWLEDGED 6 ACCEPTED: CITY OF HUNTINGTON BEACH Civic INPRO �T CORPORATION By r ss son Executive Director s • ♦ •afA l• a . - O EXHIBIT A (1 OF 7) •6 i�t' .'-s�_.1'v�`�F. ' - saMlRR+ra W.M/�IIRy'K' xt w _.e"� STATE OF CALIFORNIA ) as. COUNTY OF SAN FRANCISCO ) On this Sth day of August, the year 1986, before me, Sally K. Danekas, the undersigned, a notary public, personally appeased Robert Franz. personally knawp to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Deputy City Administrator of the City of i Huntington Beach and acknowledged to me that the City of Huntington Beach executed it. By: SAtIym NE Not u in an or sai tate c�ua S � My commission expires: August 22, 1989 {SEAL) 8 ' EXHIBIT A (2 OF 7) + 6 �.?Y.•a~��Y'401\±Y�7 1p '•Mi¢Y»e."MY1MYfi ewa�+..Ooely Mrw Yr� •M _ v e' • . • 34 STATE OF CALIFORNIA ) ss. COUNTY OF SAN FRANCISCO ) On this 8th day of August, the year 1986. before me, $all_ K. Oanekas the undersigned, a notary public, personally appeared Cha' � Thomson: , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the President and Secretary. s respectively, of the City of Huntington Beach Civic Improvement Corporation, and acknowledged to ma that the City of Huntington Beach Civic Improvement Corporation executed it. WITNESS my hand and official seal. sa�uv By ILoasrEaas NOTAWva •uuA'Orrea Notary Public in atd for said 5tate On MOOMIT OF MA FAUX= My Caw t+v+a A.,71 IM My commission expires: &Lust 22 1999 EXHIBIT A (3 OF 7) tC < '��1.`Ma 4�.•�+sk-•_,.s.wa..aa+.• ....w....-..e`...�.......w—..+•w.®m.amw.�ro..aw�..n .., ... ........ ✓......,.,. raw. 3 2 EXHIBIT A The land, together with the buildings and improvements located on the folloaing- described real property: Legal Descriotion: BLOCKS 1903, 2001 AND 2002 OF TRACT NO. 129 AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH PARK STREET, UNION AVENUE, AND THE ALLEYS IN SAID BLOCKS, AS SHOWN ON SAID MAP AND AS VACATED IN THAT CERTAIN mRESOLUTION NO. 3415M OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH WAS RECORDED JANUARY i, 1972 IN BOOK 9956, PAGE 849 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM, ALL OlL, GAS, ASPHALT AND ASPHALTUM, AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, WHETHER SIMILAR OR DISSIMILAR TO THOSE SPECIFIED, LYING BELOW 500 FEET UNDER THE SURFACE OF SUCH REAL PROPERTY WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTYP WITHOUT, HOWEVER, ANY RIGHT TO USE THE SURFACE OF SAID PROPERTY OR 500 FEET UNDER THE SURFACE THEREOF FOR ANY PURPOSE WHATSOEVER. , EXHIBIT A. (4. OF 7) � ` __�_ _ _ Y!'NMv,S'VOIGmQ�Vt�"6•wI-•.•.-w•v. ., w® • ffi-.359342 RSD8040 118019-13 CERTIFICATES OF PARTICIPATION (Civic Canter Project) Evidencir" Proportiorete interests of the Owners Thereon in Lease Payments to be Made by the CITY OF HUNTINGTON BEACH (California) As the Rental for Certain Property Pursuant to a Lease Agreement with the CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION CERTIFICATE OF ACCEPTANCE OF GRANT DEED The undersigned hereby state and certify: (i) that he is the duly appointed, qualified and acting Executive Director of the City of Huntington Beach Civic Improvement Corporation, a nonprofit, public benefit corporation, duly organized and existing under the laws of the State of California (the "Corporation"), and as such, is familiar with the facts herein certified and is authorized and qualified to execute and deliver this certificate; 0 1) that they interest in real property conveyed by that certain rant dead dated August 13, 1966, from the City of Huntington Beach (the City") to the Corporation, is hereby accepted by the undersigned on behalf and by order of tho Corporation pursuant to authority conferred by Resolution No. 86-6 entitled "Resolution of the Board of Directors of the City of Huntington each Civic Improvement Corporation Approving Purchase and Leaseback of Civic Center Land and Improvements with the City of Huntington Beach, Approving and Authorizing Execution of Related Acquisition Agroement, Lease Agreement, Assignment Agreement and Trust Aggreemant, Approving Official Statement and Sale of Not to Exceed $R 000,000 Certificates of Participation, and Approving Related Documents and Official Action", adopted by the Board of Directors of the Corporation on August 4, 1986, and the Corporation, as grantee, consent$ to recordation thereof by its duly authorized officer. Dated: August 13, 1986 CITY OF HUNTINGTON BEACH CIVIC IMP NT CORPORATION By t � ar es W. Thompson Executive Director 1 EXHIBIT A (5 OF 7) ° STATE OF CALIFORNIA ) 3vir. I ss. COUNTY OF SAN FRANCISCO ) On this 8th day of August, the year 1986, before me, Sally K. Oanekas, the undersigned, a notary public, personally appeared Charles V. Thompson personally known to me (or proved to me on the basis of sat sf actory evidence) to be the person who executed this instrument as the Executive Director of the City of Huntington Beach Civic Improvement Corporation, and acknowledged to me that the City of Huntington Beach Civic Improvement Corporation executed it. WITNESS my hand and official seal. By: SAELYXGMEKAS Hotary ublic ln\and for said State OnMMU plph 8dp8MpM M C—BW--"A"81-489 MY commission expires: (SEAL) August 22, 1989 i 1 EXHI MIT A (6 OF ■ ) e • ' SUMP e EXHIBIT A The land, together with the buildings and improvements located on the following-described real property: Legal Description: BLOCKS 19039 2001 AND 2002 OF TRACT NO. 12# AS SHOWN ON A MAP RECORDED 1N BOOK 9s PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTYs CALIFORNIA# TOGETHER WITH PARK STREET# UNION AVENUE# AND THE ALLEYS IN SAID BLOCKS# AS SHOWN ON SAID MAP AND AS VACATED IN THAT CERTAIN aRESOLUTION NO. 3415" OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH# A CERTIFIED; COPY OF WHICH WAS RECORDED JANUARY 6# 1972 IN BOOK 91561 PAGE 849 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM# ALL OIL# GAS# ASPHALT AND ASPHALTUM# AND OTHER HYDROCARBONS AND ALL OTHER MINERALS# WHETHER SIMILAR OR DISSIMILAR TO THOSE SPECIFIEDs LYING BELOW 500 FEET UNDER THE SURFACE OF SUCH REAL PROPERTY WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTYs WITHOUT# HOWEVER# ANY RIGHT TO USE THE SURFACE OF SAID PROPERTY OR 500 FEET UNDER THE SURFACE THEREOF FOR ANY PURPOSE WHATSOEVER. r_ EXHIBIT A (7 OF 7) N. 89=363294 A.p 23-033-01 & 02 (a por) order No, •1508041 23-040-06 (a por) Escrc.v No 1503771-SB/N Loan No ONG RMEM BY TlH,ST 1{&IEiM TiAE#Z.CO. WHEN RECORDED MAIL TO �NGEOW��� CITY OF Hva3Tl#.6-woN iW--, ►i 1�/ zx>0 > M4110 trmaa-r -245 PM JL 10'89 HUNTI.JGiOnt &--AC4j,<ACZ EXEMPT] ��o� alto: Gil 2i� a 2�aLl8 C14 0^ a'c6 f 8Ec \ SPACE ABOVE THIS LINE FOR RECORDERS USE t1 MAIL TAX STATEMENTS TO 1 ANO-16AXd.k¢- c` NARY TRANSFER TAX Computed on tha consnderation or value of property convoyed,OR ) OSAME AS ABOVE ,ii Y Computed on the comidaration or value tau liens or encumbrances remaining at time of safe the undersigned grantor /F Signature of Omisrom or Agent detanMMng tea—Firm Nam Tax-Exempt-Government Agency GRANT DEED CITY Of HUNTINGTON BEACH Connie Brockway.CMC FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City Clerk CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION �Y 4._ Clerk Cleric Dew City hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION, A NON-PROFIT PUBLIC BENEFIT the real property in the City of Huntington Beach County of Orange State of California, described as SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 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 charge. s THE CZ OF HUNTINGTON , IFORNIA a A MUNI AL Dated June 22, 1989 Ma or STATE OF CALIFORNIA Asa. '� �• 0 City Clerk COUNTY OF i CM before me,the undersigned a Notary Pubho in and for said State,pff- ' sonally eppeareQ personally known to me(or proved to me on the basis of Satisfactory evidence)to be the persons)whose name(s)Were atib saibad to the within instrument and acknowledged to me that he/sheAhey executed Me soma WITNESS my hand and official seat (This a— for official notarial welt Spnetura 1002 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXI-11BIT B 0 OF 5) %:363294 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated June 22, 1989 from City of Huntington Beach, a municipal corporation to the City of Huntington Beach Civic Improvement Corporation, a non-profit public benefit, is hereby accepted by the undersigned officer or agent on behalf of the City of Huntington Beach Civic Improvement Corporation, pursuant to the authority conferred by Resolution No. 7 of the Huntington Beach Civic Improvement Corporation adopted May 1, 1989, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: June 30, 1989 CIVIC IMPROVEMENT CORPORATION OF THE CITY OF HUNTINGTON BEACH Connie Brockway Secretary BY: &_Q C,;C�a& puty EXHIBIT B (2 OF 5) -S T A M E q C �9- 294 4 �y EXHIBIT "A" PAGE 1 of 2 That portion of Lot 2 in Block 1902 and Seventeenth Street,all of Tract No. 12 in the City of Huntington Beach,County of Orange,State of California,as shown on the map recorded in Book 9, Page 13 of Miscellaneous Maps in the office of the County Recorder of said County described as follows. Beginning at the intersection of the Northerly line of Utica Street,60.00 feet in width, as shown on said map, and the centerline of Seventeenth Street, 70.00 feet in width,said point bears North 4 1 Degrees 38'23"East 39 93 feet along said centerline of Seventeenth Street from the centerline intersection of Seventeenth Street and Utica Street, thence North 41 Degrees 38'23" East 182.11 feet along said centerline of Seventeenth Street to a line parallel with and 840 00 feet westerly of the centerline of Lake Avenue, 90.00 feet wide, as shown on said map, thence South 0 Degrees 19'06"West 136.81 feet along said parallel line to the Northerly line of said Utica Street, thence North 89 Degrees 39' 33" West 120 24 feet along said Northerly line to the point of beginning. Containing 0 189 Acres,more or less. That portion of Lot 14 in Block 1901,Seventeenth Street and Pine Street, all of Tract No 12 in the City of Huntington Beach, County of Orange, State of California, as shown on the Map recorded in Book 9, Page 13 of Miscellaneous Maps in the office of the County Recorder of said County described as follows: Beginning at a point on the centerline of Seventeenth Street,70.00 feet in width as shown on said map,said point bears South 41 Degrees 38'23"West 68.48 feet from an angle point in said Seventeenth Street said angle point being the Westerly terminus of that certain course described as"East 192.13 feet"as shown on said map of Tract No 12, thence South 0 Degrees 19' 06"West 155.89 feet parallel with the centerline of Lake Avenue,90.00 feet in width,as shown on said map,thence North 89 Degrees 40'54"West 137.05 feet to the centerline of said Seventeenth Street, thence North 41 Degrees 38' 23" East 207.57 feet to the point of beginning Containing 0 245 Acres,more or less. Subject to all matters that can be ascertained by a reasonable inspection or a survey of the Property, and all matters appearing of record in the office of the Recorder of said County,including all conditions,covenants and restrictions and all exceptions and reservations,specifically Excepting therefrom all oil,gas and other hydrocarbons,and all geothermal resources as defined in Section 6903 of the California Public Resources Code and all other minerals,whether similar to those herein specified or not,within or that may be produced from the Property,and a Further excepting therefrom,the sole and exclusive right from time to time to drill and maintain wells or other works into or through the Property and the t EXHIBIT B (3 OF 5) . ' . • �9�36329� i fi y EXHIBIT "A" PAGE 2 of 2 `adjoining streets,roads,and highways below a depth of five hundred(500)feet and to produce,inject,store,and remove from and through such wells or works,oil,gas, water and other substances of whatever nature, including the right to perform below said depth any and all operations necessary or convenient for the exercise of such rights The rights hereinabove excepted do not include any right to use the surface of the Property or for the first five hundred (500) feet below said surface or to conduct any operations thereon or therein By acceptance and recordation of this deed,Grantee covenants for itself,its successors and assigns that the Property is acquired by Grantee "AS IS" without any representations or warranties whatsoever, express or implied, and hereby releases Grantor from,any and all liability on account of the condition of the Property EXHIBIT B 1A OF 5) a 69=363 294 STATE OF CALIFORNIA)ss. COUNTY OF ORANGE ) On A- L 19 before me,a Notary Public of the State of California,personally appeared es B nister,known to me to be the Mayor,and Connie Brockway,known to me to be the City Clerk of the City of Huntington Beach aid known to me to be the persons who executed the within instrument on behalf of said public agency and acknowledged to me that such municipal corporation EM WITand and official seat. COUNYY EXHIBIT B (5 OF 5) •' 69-�C�2JU A.P. 23-033-01 & 02 (a por) Ord?;No u JJUU % 23-040-06 (a por) 1 Escrow No 1508040 Loan No 1503778-SB/N NG REWEM Bb RMT AII>WM TITLE ift M WHEN RECORDED MAIL TO RECOEDINOFFWL RECOMS F+- OF ORAHM •GALIFORNW CITY OF HUNTINGTON BEACH 2000 Main Street -245 PEA .AA.10'89 Huntington Beach, CA 92648 Attn. City Clerk 14L_SL_ a,`7S AEIMM SPA £ ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO wv0 qX PER i f D=WIENTARY TRANSFER TAX — - (� SAME AS ABOVE V Computed on tho corssideration or randrilrp at t vaIuo o!property convoyed,OR J r „,• Computed on the consideration orvMuo lau liens or oneumbrancos L time o!rile. K�. THE UNDERSIGNED GRANTOR Signature of Declarant et Agent detennlnhig tea—Firm Name ~ � GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION, A NON-PROFIT PUBLIC BENEFIT CORPORATION hereby GRANT(S) to CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION the real property in the City of Huntington Beach County of Orange State of California, described as SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. z7 1 1 faIfr'E#eA9f#•Govemntent Agency CITY Co HUPIT kway.C BEACH This document is solely for the Connie 8roekwaY.CtdC v CRY Clerk official business of the City eyt of Huntington Beach, as contem- UeP City Clerk plated under Goverment Code Sec. 6103 aad should be recorded free of charge. 1 I , THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORA , Non-profit May 17, 1989 Public benefit co ration Oat ed y STATE OF CALIFORNIA President 1 COUNTY OF t no i Secretary_ J Ware me,the undersigned,a Notary Public In and for said State,per- 11 tonally appeared 1 personally known to me{or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(e)Ware subscribed to the I within Instrument and acknowledged to me that helshelthey executed (1 the same. WITNESS my hand and official teaL (This area for official notertol sear) I signature 1002 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT C (1 OF 3) _ x _ t' • 89Z363296 .LLB EXHIBIT "A" That portion of Lots 1,3 and 5 in Block 1903 and Seventeenth Street,all of Tract No. 12 in the City of Huntington Beach,County of Orange State of California,as shown on the map recorded in Book 9, Page 13 of Miscellaneous Maps in the office of the County Recorder of said County described as follows. Beginning at the intersection of the centerline of said Seventeenth Street,70.00 feet wide, and a line parallel with and 840 00 feet Westerly of the centerline of Lake Avenue,90 00 feet in width,as shown on said map,said point bears North 41 Degrees 38' 23" East 222.04 feet along said centerline of Seventeenth Street from the centerline intersection of said Seventeenth Street and Utica Street, 60.00 feet wide, as shown on said map; thence North 0 Degrees 19'06" East 191.19 feet along said parallel line, thence North 45 Degrees 19' 06" East 24 04 feet, thence South 89 Degrees 40' 54" East 166.03 feet to the centerline of said Seventeenth Street;thence South 41 Degrees 38'23"West 277.20 feet along said centerline of Seventeenth Street to the point of beginning. Containing 0 434 Acres,more or less. Subject to all matters that can be ascertained by a reasonable inspection or a survey of the Property, and all matters appearing of record in the office of the Recorder of said County,including all conditions,covenants and restrictions and all exceptions and reservations,specifically Excepting therefrom all oil,gas and other hydrocarbons,and all geothermal resources as defined in Section 6903 of the California Public Resources Code and all other minerals,whether similar to those herein specified or not,within or that may be produced from the Property;and Further excepting therefrom,the sole and exclusive right from time to time to drill and maintain wells or other works Into or through the Property and the adjoining streets,roads,and highways below a depth of five hundred(500)feet and to produce,inject,store,and remove from and through such wells or works,oil,gas, water and other substances of whatever nature, including the right to perform below said depth any and all operations necessary or convenient for the exercise of such rights The rights hereinabove excepted do not include any right to use the surface of the Property or for the first five hundred (500) feet below said surface or to conduct any operations thereon or therein. By acceptance and recordation of this deed,Grantee covenants for itself, its successors and assigns that the Property is acquired by Grantee "AS IS" without any representations or warranties whatsoever, express or implied, and hereby releases Grantor from,any and all liability on account of the condition of the Property. EXH I BIT C (2 OF 3) • 89=363296 STATE OF CALIFORNIA)ss. COUNTY OF ORANGE ) On -� 19-0,before me,a Notary Public of the State of California,personalty appeared Wes Itannister,known to me to be the President,and Connie Brockway,known to me to be the Secretary,of the City of Huntington Beach Civic Improvement Corporation and known to me to be the persons who executed the within instrument on behalf of said public agency and acknowledged to me that such public agency executed the same. WITNESS my hand and official seal. SM ooc 9�lD A WELWN B$ E,t*WJ b ra F H City ®f Huntington Beach P.O. Box 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated May 17, 1989 from Huntington Beach Civic Improvement Corp. to the City of Huntington Beach a municipal corporation is hereby accepted by the undersigned officer or agent on behalf of the City Council of the CITY OF 11MINGTON 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: June 30, 1989 CITY OF HUNTINGTON BEACH Connie Brockway City Clerk By: .&�� g- De uty EXHIBIT C (3 OF 3) ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On September 14, 2010 before me,P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Cathy Green who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. P� ESPARZA Commission# 1857021 ®� Notary Public-California Orange County M Comm Tres Au 4,2013 r (Seal) otary ign re)