HomeMy WebLinkAboutMain-Pier Redevelopment Area - Huntington Beach Company - Be G.5 c7 o
REQUEST FOR L ACTION
Date January 12 , 1990
Submitted to: �i ty Council
APPROVED BY CITY COUNCIL
11
Submitted by: YGail Hutton, City Attorney S 19`-
Pre Prepared by: Gail Hutton, City Attorney
rAat
Abandonment of Subsurface Rights in t Ci Y Ci, xx
Subject: Pierside Condemnation
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception . I
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
r?r
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
PIG FURS
�. RESOLUTION NO. 197
t 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 lying below five hundred (500) feet and (2) any portion
of such property extending seaward more than two hundred (200)
feet from 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 of 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.
5th' February.
t PASSED AND ADOPTED this day of1990 .
4
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sin: `�" •. ..
Chairman
ATTEST: APPROVED AS TO FORM:
4,Q40�
Agency Clerk Agency Counsel
REVIEWED AND APPROVED?
Executive Director
-2-
rs
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 south
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 41038 ' 18" east 200 . 00 feet to the
true point of beginning .
The property herein described shall included all surface rights ,
excepting 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.
16
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Res. No. 197
STATE OF CALIFORNIA )
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 1910 , and that it was so adopted
by the following vote:
AYES: Members:
Winchell , Green, Mays, Bannister, Silva
j NOES: Members:
None
ABSENT: Members:
MacAllister, Erskine
Clerk of the Redevelopment Agency of
the City of Huntington Beach, Ca.
J
RESOLUTION 130
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH PURSUANT TO THE PROVISIONS OF CODE
OF CIVIL PROCEDURE, SECTION 1250 . 340 (b) , SUPPLEMENTING
AND AMENDING RESOLUTION NO. 129 OF MARCH 24 , 1986 AND
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF
HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING
THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN
A. The Redevelopment Agency of the City of Huntington Beach
is a public agency of the State of California has been and now is
engaged in the discharging its powers and duties as provided by
law.
B . P-utsuant to the provisions of Government Code Sections
37350 . 5 and 38010 , and of Health and Safety Code Section 33391 ,
ti = the Agency is vested with the power to take any property necessary
to carry out the business of the Agency by condemnation, such
power to be exercised pursuant to the provisions of Code of Civil
Procedure , Sections 1230 . 020 , et seq.
C . The real property and interest described in this
Resolution are necessary for the public uses and purposes which
are set forth below.
D. The Agency desires to clarify, supplement and add to the
property sought to be taken and to conform to the provisions of
Section 1250 . 340 (b ) of the Code of Civil Procedure, amends its
original resolution, and includes in this description all of the
lands originally described and additional lands .
1 .
IN CONSIDERATION OF THE FOREGOING,
Now, therefore BE IT RESOLVED by the Redevelopment Agency of
the City of Huntington Beach as follows :
1 . The public use for which the real property or
interests in real property described in this
Resolution is to be taken is for the implementation
and furtherance of the redevelopment plan for Huntington
Beach and for all uses recited therein including, but not
by way of limitation, beach related public facilities,
commercial uses and other public uses. The Agency is
authorized to acquire the fee simple title in the real
property and all lesser interests and estates therein
( including future interests and leaseholds ) for the
—� purposes and uses set forth in this Resolution pursuant
to the provisions of Government Code Sections 37350 . 5 and
38010 and related sections .
2 . The real property or interests therein is located in
the County of Orange , within the City of Huntington Beach
and the project area of the Redevelopment Agency . A legal
description of the property or interests to be taken is
attached to this Resolution marked Exhibit "A" and by this
reference made a part hereof .
3 . To the extent that the property or interests
described in this Resolution are already devoted to a -public use ,
the Redevelopment Agency hereby finds and determine that the use
to which the property is to be put by this Agency is a more
2 .
necessary public use, or is a compatible public use which
will not unreasonably interfere with the continuance of
- `� the public use to which the property or interests is
already devoted, or , if the acquisition will leave a
remnant , the Redevelopment Agency may exercise the power
of Eminent Domain to acquire the remnant . These findings
are made in .specific compliance with the provisions of
Section 1240 . 410, et seq. , 1240 . 510, et seq. , and
1240 . 610, et seq. , of the Code of Civil Procedure .
4 . The Redevelopment Agency specifically finds and
determines as follows :
a . The public interest and necessity require the
acquisition of the property and property interests which
are described in this Resolution.
b . The proposed acquisition will be most compatible
with the- greatest public good and the least private
injury.
C . The acquisition of the property and interest
therein are necessary for the proposed project .
d. An offer required by Section 7267 . 2 of the
Government Code has been made to the owner or owners of
record .
e . The provisions of Code of Civil Procedure,
Section 1245 . 235 have been complied with and notice has
been given to those persons whose names and addresses
appear on the last equalized county assessment roll .
- 'I
5 . Appropriate officers of the Redevelopment Agency and
counsel for the Agency are hereby authorized to institute such
3 .
legal proceedings as are necessary in the Superior Court of the
State of California, County of Orange, to acquire the property
°i
and interests in properties described in this Resolution by
judicial process . Counsel for the Agency is authorized to seek
and acquire such Orders for prejudgment possession for the land
and interest described in this Reolution as are deemed
necessary, and to make such deposits as security for possession
in the Court as the Court may require, and the Agency ' s
counsel is further authorized to negotiate on behalf of the
Agency for acquisition of such properties or interests in
properties .
6 . The Executive Director of the Agency is authorized to
make such minor changes in the description of the property
involved in this Resolution and in the pleadings to be filed
--� pursuant to it as he deems necessary, upon the advice of
counsel , for the conduct of the condemnation proceedings or
other. p.roceedings necessary to acquire the real property or
interest in real property described in this Resolution.
7 . The deposit or payment of money out of proper funds
of the Agency for probable just compensation according to
law, for jury fees , reporters ' fees, other court costs and
for counsel fees is hereby authorized.
8 . The Agency hereby finds and determine that the real
property sought to be acquired is located entirely within the
jurisdictional boundaries of the Huntington Beach
Redevelopment Agency.
9 . This Resolution supersedes any other resolution for
4 .
the acquisition of the property or property interests
described in this Resolution which this Agency
has. heretofore made.
APPROVED, ADOPTED and EXECUTED this 4th day
of August , 1986 .
Chairman
ATTEST: APPROVED AS TO FORM:
City Clerk / fl Agency Counsel //16
i-
REVIEWE ND APPROVED: I TIATED AND APPRO ED:
Executiv Direct e uty Executive Director
Redevelopment
5 .
Res. No. 130
L•'r_
r STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH)
I , ALICIA M. WENTWORTH, 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
4th day of August 1986 , and that it was so adopted
by the following vote:
AYES: Members:
Kelly, MacAllister, Mandic, Bailey, Green
NOES: Members:
None
ABSENT: Members:
Finley
NOT VOTING: Members:
ThomasG��
Clerk of the Redevelopment Agency of
the City of Huntington Beach, Ca.
13L1_
i
81-05529?,
AGREEMENT FOR DEED OF GIFT BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE HUNTINGTON BEACH COMPANY CONCERNING MAIN-PIER REDEVELOPMENT
This agreement is entered into this 1 day of December, 1986, at Huntington Beach,
California, by and between the HUNTINGTON BEACH COS-1PANY hereinafter called
"OWNER", and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter called "CITY".
W ITNESSETH
WHEREAS, there is presently pending in the Superior Court, County of Orange, an
eminent domain action filed by THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH (AGENCY), seeking to acquire from OWNER certain real property
generally located southeast of the Huntington Beach Pier and seaward of the Pacific Coast
Highway to be used in connection with redevelopment of the downtown area. Said eminent
domain action is filed in the Superior Court, County of Orange, entitled Redevelopment
Agency of the City of Huntington Beach vs. Huntington Beach Company, et at., and;
WHEREAS, the real property which AGENCY and CITY seek to acquire from OWNER
in said eminent domain action is more particularly described in Exhibit "A" attached hereto
and made a part hereof, and is sometimes hereafter called the "PROPERTY", and;
WHEREAS, the parties desire to resolve disputes as herein provided whereby OWNER
will donate and convey such property to CITY, and;
WHEREAS, the parties are desirous of terminating the pending action hereinabove
mentioned without further litigation,
NOW, THEREFORE, the parties hereto agree as follows:
1. General Provisions:
1.1 COVENANTS
All parties intend that the provisions of this agreement shall constitute the
covenants between them, and the burdens and benefits thereof shall bind and inure to all
successors in interest of the parties thereto.
87-05529?.
1.2 Authority
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 that the agreement was prompted by the
necessities of the litigation, 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 and
AGENCY.
2. Specific Provisions:
2.1 OWNER will convey to CITY by corporation quitclaim deed, a copy of
which is attached as Exhibit B, certain rights, title, and interest in the specific real property
embraced within the above-mentioned eminent domain action, said property being described
in Exhibit "A". This conveyance will be a donation and transfer to be made without cost to
CITY. OWNER values the real property at $3,000,000 and CITY does not contest the
valuation of the property.
3. Dismissal:
Upon receipt of the coporation quitclaim deed, CITY will cause AGENCY to file
an executed dismissal, with prejudice, in the above-mentioned eminent domain action, and
each party shall bear its own costs and seek no reimbursement from the other.
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.
5. 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.
6. Best Interest:
CITY has found and determined that execution of this agreement is in the best
interest of the public health, safety and general welfare, and the provisions of this
8T-055Z97
agreement are consistent with existing ordinances of the CITY.
7. Notices:
All notices required by this agreement shall be in writing and delivered in person
or by certified mail, as follows:
Notice to CI.TY shall be addressed as follows:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Notice to OWNER shall be addressed as follows:
Huntington Beach Company
2110 Main Street
Huntington Beach, CA 92648
8. Amendment:
This agreement may only be amended by mutual written consent of the parties.
9. Duplication Originals:
This agreement is executed in duplicate originals, each of which is deemed to be
an original.
10. Title:
OWNER shall deliver all its rights, title, and interest in the surface and
subsurface to a depth of 500 feet of the property described on Exhibit A.
V� �vsvv v,
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by and through their authorized officers at Huntington Beach, California on the day, month,
and year first above written.
HUNTINGTON COMPANY CITY OF TI GTO BEAC
Vice sident ayor
Secr ry
ATTEST: APPROV AST
City Clerk City Attorney
RF..VIEWED AND APPROVED: It TIATED AND APPROVED-
Ci y Administrator Deputy City Administrator
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
87-055297
On this /J day of 417V-1-all-7 19:�4 before me,
a Notary Public in and for said C, ty and State, personally appeared
S4�k Melly known to me to be the Mayor
and tir r r a I17. known to me to be the City Clerk
of the City of Huntington Beach, the municipal corporation 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.
n=7, � a� J
6;0;;Rr
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��= My comet. ^ores VOCT 10, 1989
Main Pier
Redevelopment Project Area
.R Phase I , Pierside
Legal Description
:1 a~ srt�on of Huntl ton 2,'_ar{., -� n State C .
.. .. � [� ...11 C�l:n t`f �- �rG rf.,- , tU L- �� C.11
as shc-,:n cn a map recorded in RcOk 3, Dace 36 , of :viscellaneo�s M,- s. in
t e o_iice of the County Recorder of said Count•,, described as fO��Or S
j�.^.-� .nz at the ce.-terline inter<ecrion .._ Pacific Coast and
:c Street, shown as Ocean Aven.Ye and Stre=t respectively, on
said ro_^ticned rra p; t:-:ence along thie centerline of Pacific Coast
south 48021' 42" east 37.50 feet to the intersect,c i %,rith the sout:West_'rly
ex—Mr-Sicn of the southeast ri�1t-of-'.gay line of Street,; ' then=
sou'"'i 41033 ' 18" west 50 .00 feet to the true point of beginning; thence
rorth 48021' 42" %.,est 1,020 .00 feet; thence south 41038 ' 18" west 450 .00
feet; thence south 43021'42" east 173 .00 feet; the.-Y_-m rorth 41033118"
east 250 .00 feet; thence south 480 2'_'42" east 845 .00 feet;. thence north
41O33113" cast 200 .00 feet to the true point of bcginrzi;r-j.
EXHIBIT A
87:055297
Jj City of 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 December 11 , 1986 from Huntington Beach Company
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 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 : January 27, 1987 CITY OF HUNTINGTON BEACH
BUCIA W WLNTW0.RTI1
City Clerk
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of �e,Get�`p2� , 1986, before
me, the undersigned, a Notary Public, in and for said State, personally
appeared ce _ known to rne or proved to me on the basis
of satisfactory evidence to be the ,.rr;, ; f.,., , and
%r. J. Clark known to me or proved to me on the basis of
satisfactory evidence to be the :, � --+ 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: uvK:t10� UL�
I(''.1r SI Ar
I t1(ii:`.:A Kll:t i''4
� � A:UrSfy r�(11•LI.bI�IWfiJ
Theresa Killeen
.._,�!K•.,%' 'v1y tlxl?II' (_•:, )all .,li --
.rx'
Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
C 0 N F 0 R M E D r 1
Not Compared with A-TCn�)r)Er� IN fir r'Ir;1AI_ FIECORD9
RE;ORDIN'C, REQUESTED BY:" OF I CALIFORNIA
City of Huntington Beach
WHEN RECORDED MAIL TO: .. -230 PM JAN 30 '87
8�
Office of the City Clerk RFCc.gLjEi'
2000 lain Street Tax-Exervt•Governmp.,t A.gercy
Huntington Beach, CA 92643 City Of F'u�};:;�7�;' C1,.
AF62 M. .en1,.-40Ah
EXEMPT Cit] Clark
C 16 13yi
Deputy City Clerk
SEND TAX STATEMENTS TO: Documentary Transfer Tax
X Computed on full value of property
conveyed, or
_ Computed on full value less liens and
Encumbrances remaining thereon at time
of sale
AP# Por. 024-150-06
024-281-01 Signature of f)eclar - f
Por. 024-281-02 ,L Huntington fie mpan�c
024-281-03
024-281-04 (�y�^:. .
Por. 024-281-12
Por. 024-281-13
CORPORATION QUITC14AI l DEED
HUNTINGTON BEACH COMPANY, a corporation organized under the laws of
the State of California hereby REMISES, RELEASES, AND QUITCLAIMS to the CITY OF
HUNTINGTON BEACH, a California municipal corporation, the following described real
property:
That portion Of fduntington Beach, County of Oran,-e, Sto to 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 48021142" east
37.50 feet to the intersection with the southwesterly extension of the southeast
right-of-way line of Lake Street; thence south 41038118" west 50.00 feet to the
true point of beginning; thence north 48021142" west 1,020.00 feet; thence south
41038118" west 450.00 feet; thence south 48021'42" east 175.00 feet; thence
north 41038,18" east 250.00 feet; thence south 48021142" east 845.00 feet; thence
north 41038118" east 200.00 feet to the true point of beginning.
EXCEPTING AND RESERVING to Huntington Beach Company, its successors and
assigns, from that portion (hereinafter called the "sub-500 portion") of said real property
lying below a depth of five hundred (500) feet beneath the surface thereof, all oil, gas,
asphaltum and other hydrocarbons and all other fissionable materials within or that may he
produced or extracted or taken frorn 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 RESER.VING to Huntington Reach Company, its
successors and assigns, from the sub-500 portion of said real property the following:
A. The sole and exclusive right from time to time to,-locate and maintain
subsurface portions of 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 frorn 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 from other lands by means of a well or wells drilled
from the surface or 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, through the sub-500 portion of said real property; 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, shall not be limited to, or hy, the first or any subsequent exercise
thereof.
Nothing hereinabove or Nfn-elnaf:er 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 frorn the srirface of said real property.
FURTHER EXCEPTING AND RESERVING all water rights of or related to or
appurtenant to said real property including, but not Iirnited to, all right to percolating
waters, artesian waters and underground streams, but excluding the right of surface entry.
This corporation quitclaimn deed shell 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.
DATEM 1986.
HUNTINGTON BEA NIPANY
By
icV e P, dent
BY
Assista t Sec .tary
REQUE1 FOR CITY COUNCi- -ACTION RCA 86-5
Date December 10, 1986
Honorable Mayor and City Council Members
Submitted to: s,G1ti
Charles W. Thompson, City Administrato Go
Submitted by: 4, GZ�
Richard Barnard, Assistant to the City AdministratorIV05 9 y
Prepared by: .go`�v
AGREEMENT WITH HUNTINGTON BEACH COMP OR
Subject:
1DONATION OF UNDERLYING-_FEE TITLE TO BEA PR,O _E_12
LOCATED WITHIN THE MAIN-PIER REDEVELOPME TCREA
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue: lAve 7 7 7
The Huntington Beach Company wishes to donate its interest in the underlying fee to the
beach property in the Main-Pier Redevelopment Project Area. The city is, currently
pursuing a condemnation action on this property.
Recommendation:
Approve agreement for deed of gift between the city and the Huntington Beach Company
concerning beach property within the Main-Pier Project area.
Analysis:
Approval of the recommended agreement between the city and the Huntington Beach
Company will give the city fee title to certain real property generally located southeast
of the Huntington Beach Pier and seaward of the Pacific Coast Highway. Approval of the
agreement will also result in the termination of the condemnation proceeding.
Funding Source:
None
Alternative Action:
Reject agreement.
Attachments:
1. Agreement
2. Map
PIO 4/84
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21 10 Main Street, Huntington Beach, California 92648-2499 (714) 960-4351 1 y4 a O
R. J. Work
`/isice Pn;siUem —C;ynyrnl Manaeer p�„�„ _,�✓v`-' �(jyl'tGIL�✓�
August 4, 1986 S D a� ve�7�y+)
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City of Huntington Beach If
Redevelopment Agency
2000 Main Street
Huntington Beach, CA 92648 °
Attention: Charles Thompson
Subject: Real Property Interest of the Huntington Beach Company
on the Southeast Side of the Huntington Beach Pier
The Huntington Beach Company owns fee title to the subject property and
has granted the City of Huntington Beach an easement to use the property
for recreational purposes. The City has threatened to condemn the
approximately 2 acres at a low value in order to to develop the property with
commercial uses. The value is far less than the $3 million value that the
Huntington Beach Company places on its interest in the property.
n
The Huntington Beach Company voiced its objections at the March 17, 1986
meeting and still opposes the condemnation of the subject property for the
same reasons expressed at that meeting.
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