HomeMy WebLinkAboutCENCO INC., GOLDEN WEST REFINING COMPANY AND CENCO, INC dba (2) Pipeline, Gas& Electric Franchises
CI, r
DjEr"X"]. CA
Company Franchise JUL 23 P 2: l b
Name Type Description
So. Cal Gas Co Pipeline/Sale of Gas Ord. 3117 from 1991 to 2010 incorporated
the following Companies into#3117.
Pacific Lighting Serv. Pipeline(both Pipeline
and Gas Franchises): Southern Counties
Gas Ord. 1308 (Gas)
So. Cal Edison Pipeline Ord. 687 (Indeterminate-in perpetuity)
So Cal Edison Sale of Electricity Ord. 555 (Indeterminate-in perpetuity)
Texaco Pipeline Ord. 3012 from 1988 to 2013
Pacific Pipeline Pipeline Ord. 3013 from 1988 to 2013
Torch Operating Pipeline Ord. 3354 from 1997 to 2013
(aka Nuevo Energy) (took over Unocal Ord. 3014& part
of Ord 3013 via Sale from Arco to Unocal)
CENCO Tank Farm Lease/Easement Agreement from 1985
to 2005
CENCO Pipeline Ord. 315 from 1983 to 2005
CENCO Pipeline Ord. 813 from 1956 to 2006
Chevron Pipeline Co Pipeline Ord. 3041 from 1988 to 2013
(aka Standard Gas)
Maynor,Donald
&MIA legal Svcs Ali of above and more 2001 to Unspecific Duration wllatitude of
30 Written Notice to Terminate
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
` HUNTI.VGTON BEACH
DATE: August 11 , 1999
TO: Connie Brockway, City Clerk
FROM: David C. Biggs, Director of Economic Development
SUBJECT: Recordation of Quitclaim Deeds — CENCO Refining Company
In regard to the captioned matter, attached are the following:
1. Two (2) original Quitclaim Deeds executed by representatives of CENCO
Refining, deeding interest in an easement to the Redevelopment Agency.
The easement is located within the site of the Waterfront Expansion. The City
Attorney has approved these deeds.
Please attach your usual Deed Certification to these two unrecorded
CENCO Refining deeds and forward them for recordation.
2. The transmittal letter that accompanied these original deeds from Jeff
Oderman, Esq., Rutan and Tucker, to John Fujii, Deputy City Attorney. Mr.
Fujii forwarded the deeds to me for transmittal to you.
3. The re-recorded original Quitclaim Deed signed by representatives of
Goldenwest Refining. The re-recordation was made at your request but the
deed was mistakenly returned to me by the Recorder's Office. It is included
here for retention in your files.
4. A copy of Mr. Fujii's memo to you of July 21", on the matter of re-recordation
of the Goldenwest Refining deed.
appreciate your assistance with this matter. If you have any questions, please
contact Stephen V. Kohler or me.
XC: John Fujii
Gus Duran
Stephen V. Kohler
ATTACHMENT 3 11
• RECORDING REQUESTED BY
Recorded in the County of Orange, California
AND WHEN RECORDED MAIL THIS DEED AND.UNLESS OTHERWISE Gary L. Granville, Clerk/Recorder SHOW f'�ll�l�ll�lill�l�lir�l�l�II+�II��I�I'I�[�Il�lll ill�IIII No Fee
SHOWY BELOW,MAIL TAX STATEMENT TO: - 1 111 I I I Ilrl I I I II I I f]Il
Name Redevelopment Agency of the 19990623680 11 ,06am 08/27/99
s;r,,t City of Huntington Beach 004 15017667 15 48
001 4 04 0.00 6.00 9.00 0.00 e.00 0.00 0.00
CONNIE BROCKWAY CITY CLERK 0.00 0.00
CITY OF HUNTINGTON BEACH
http:IhY4tiMr.ci.huntington-beach.ca.us n n Al1'p��� +
PO BOX 190-2000 MAIN STREET VRL101it� I fY Y/J L+t L--T
HUNTINGTON BEACH CA 92648 — fff
SPACE ABOVE THIS LINE FOR RECORDER'S USE
T 360 LEGAL(1-94) Quitclaim Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s) ! '
DOCUMENTARY TRANSFER TAX IS S
❑ unincorporated area ❑ City of
Parcel No.
❑ computed on full value of property conveyed, or
❑computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CENCO Refining Company, a corporation organized under the laws
of the State of Delaware,
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the Redevelopment Agency of
the City of Huntington Beach
the following described real property in the City of Huntington Beach,
county of Orange state of California:
Taos- empt.00vemment Agency
C1 OF HUNTiNGTON BEACH [See Exhibit "A" hereto]
nle Brockway,City Clerk APPROVED AS TO FORM:!
i This document is solely fior#W -GAIL HUT TO:I„ City Attu,ney
businesso;=iun ington B of the City By_;; ep,� City At poi
=-Huntington Beach, as coritgnt>~ %'+�* �
=led Under Government Code
Sac. 6103 and should be recorded
free of chsr8a.
Dated � �r I � CENCO Re • n '
By:
COIjeTSTATE OFOFA RNIA t/ 1 S.S. yfinA
B - II
airman
On boa 01 1 before me, VVV 459rWEary
In
a Notary ublic in and for said County an State, erson Ily appeared
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that helshelthey executed
the same in histherltheir authorized capacityfies),and that by hislherltheir
signature(s)on the instrument the person(s),or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand an i
Signature (This area for official notarial seal)
Mv COMA W&v> 0
NIAIL TAX STATE,INIENT TO PARTY SHO%W ON FOLLOR`L'SG LINE; IF NO PARTY SHOWN, NIAIL AS DIRECTED ABOVE
-Name Street Address City&Slate
FXI IT "A"
ALL THAT CERTAIN LAND IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 14,TOWNSHIP 6-SOUTH,RANGE 11 WEST, IN THE RANCHO LOS BOLSAS,AS PER
MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION-OF A LINE THAT IS PARALLEL WITH AND 50.00 FEET WEST OF THE EAST
LINE OF SAID SECTION 14,WITH THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
SAID SECTION;THENCE SOUTH 00°44'22'EAST 1820.36 FEET ALONG SAID PARALLEL.LINE TO THE NORTH
LINE OF THE LAND DESCRIBED IN BOOK 2351, PAGE 5 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE
SOUTH 740 34' 12"WEST 45.01 FEET ALONG SAID NORTH LINE TO THE NORTHEAST LINE OF THE LAND
DESCRIBED AS PARCEL 2 IN BOOK 826, PAGE 379, SAID OFFICIAL RECORDS;THENCE NORTH 530 05'49'WEST
172.33 FEET ALONG SAID NORTHEAST LINE TO THE WEST LINE OF THE LAND DESCRIBED IN BOOK 261.PAGE
41 OF DEEDS, RECORDS OF SAID COUNTY;THENCE NORTH 00°44'22-WEST 12.63 FEET ALONG SAID WEST
LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY AS DESCRIBED IN BOOK
455. PAGE 400 OF SAID OFFICIAL RECORDS;THENCE NORTH 530 05'49'WEST 1966.76 FEET ALONG SAID
NORTHEAST LINE TO THE EASTERLY LINE OF LOT 1,TRACT NO. 13045 AS SHOWN ON INSTRUMENT NO.89-
145536, BOOK 628, PAGES 46 AND 47 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;THENCE
NORTH 3611 54'20"EAST 360.46 FEET ALONG SAID EASTERLY LINE TO THE NORTH LINE OF SAID LOT 1;
THENCE SOUTH 48°43'21" EAST 25.00 FEET;THENCE NORTH 410 16'39"EAST 97.00 FEET;THENCE N 480 43'
21"WEST 38.85 FEET TO THE BEGINNING OF A 2452.00 FOOT RADIUS CURVE THAT IS CONCAVE
SOUTHWESTERLY;THENCE NORTHWESTERLY 252.68 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 050 54' 126"TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER
OF SAID SECTION 14,A LINE RADIAL TO SAID POINT BEARS NORTH 35°22'25" EAST;THENCE NORTH 89°42'
58"EAST 1658.70 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
ALL AS SHOWN ON ATTACHMENT NO. 1 ATTACHED HERETO AND MADE A PART HEREOF.
1 1 2/017 02 9-00031324 3 2 7 6.1 OVUM
ATTACHMENT NO. 1 TO EXHIBIT "A"
E'LY LINE SEC 14.
T. 6 S., R. 11 W.,
M.M. 51/14
I
I I WILY LINE S 1/2, NE 1/4
SEC I I M M_ 51�/14.S.' R.i 1..W.,
I � IP.0.B_
N3522'25"E (R)
N89'42'58"E 1658.70'
A�05'54'16" R=2452.00' L=252.68'
N 48'43'21"W 38.85'
\ F� \'7
J
M O
cn
,QC
Q'c/0 015, \ I Q
CO
SST y '9ss�
�r
l
N0944'22"W 12.63' I
N53'05'49"W 172.33'
S74'34'12"W 45.01'
11
1
Pipeline, Gas, Water Franchises
Company Name Franchise Type Vault File No.
pipeline, gas, or water Description
Pipeline Franchises Pipeline AA 600.45
1958 - 1983 General Info
Formerly Atlantic Richfield Ord. 898
Four Corners Pipeline Pipeline Renewed by Ord. 3013 to Exp. Oct. 5, 2013 FO 600.45
1957 - 1988 _
Golden Eagle Refinifg Co. Pipeline Franchise Pipelines GO 600.45
Exp. 8/29/97 ( 50 years }
Pacific Coast Gasoline Co. Pipeline Pipeline - 10/7/57 PA 600.45
Exp. 5/15/97
Southern California Gas Co. Pipeline Formerly Pacific Lighting Sery Pipelines) SO 600.45
Exp 9/10/2010 1919 to present
Franchise Agreement pursuant to City's Pipeline
Torch Operating Company Pipeline Franchise Ordinance - Ord 3354 TO 600.45
_ adopted 4/21/97 Exp 2/20/2013 _
. a Maynor, Donald H. Legal Services elgft5
Legal S, Donald H,ervices O Tce 7�
Gas So. California Gas Franchise MA 600.10
Legal S
1989 - 1991•
Calif Gas Transmission Co. Gas Intent to Grant Franchise - Application Withdrawn - CA 600.45
From 611/61 1961 - 1975 ��£�''� olf�ce 7-0
_X'.rl _rr�7e__ - ._...___-..... - —..._.—._...
Pacific Coast Gasoline Co. Gas Franchise Pipeline - 1017157 PA 600.45
Exp. 5/15/97
Southern California Gas Co. Gas Gas Franchise Ord 31117 1991 to present SO 600.45
Exp. 7/1/2010
Southern California Gas Co. Gas Formerly Pacific Lighting Sery Pipeline SO 600.45
Exp._9/10/20_01 1919 to present __ _
Formerly Southern Counties Gas Ord. 1308
Southern California Gas Co. Gas Exp. 4/3/2007 1927 to present SO 600.45
Printed 3/27/02 @2;56 PM
r
Council/Agency Meeting Held:
Deferred/Continued to:
PKApproved Cl onditionally Approved ❑ Deni Ci s Signature
5'-0-- 7- �-)uLivLP+ , �40 F� I�SieNT
Council Meeting Date: April 3, 2000 Department ID Number: CC2000-01
CITY OF HUNTINGTON BEACH
REQUEST FOR REDEVELOPMENT AGENCY ACTION
r
SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGEN9
MEMBERS _
SUBMITTED BY: CONNIE BROCKWAY, Clerk of the Redevelopment Agency( :L
PREPARED BY: CONNIE BROCKWAY, Clerk of the Redevelopment Agencyo r�
SUBJECT: Consent to the Acceptance of Quitclaim Deeds from Cenco, Inc.
and Golden West Refining Company
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue: It is necessary for the Redevelopment Agency to provide its
consent (retroactively) to the acceptance of three Quitclaim Deeds from CENCO, Inc. dba
Creative Energy Company, Golden West Refining Company and CENCO Refining
Company. The deeds have been recorded with the Orange County Recorder on August 27,
1999, June 17, 1999, and August 27, 1999 respectively.
Funding Source: Not Applicable
Recommended Action: Retroactively consent to the acceptance by the Redevelopment
Agency of three deeds from (1) Golden West Refining Company; (2) CENCO, Inc. dba
Creative Energy Company; and (3) CENCO Refining Company, quitclaiming any interest in
the oil pipeline easement to the property located north of Pacific Coast Highway and west of
Beach Boulevard.
Alternative Action(s): The City Attorney's opinion sets forth the above recommended
action as the appropriate action.
Analysis: The three identical quitclaim deeds to the Redevelopment Agency ensure that
the CENCO entitites have relinquished their rights to a lease and easement agreement for a
pipeline running under property north of Pacific Coast Highway and west of Beach
Boulevard. The Redevelopment Agency is going to deed the property over to the Waterfront
f
REQUEST FOR REDEVELOPMENT AGERY ACTION
MEETING DATE: April 3, 2000 DEPARTMENT ID NUMBER:CC2000-01
entities as part of the Waterfront Development Project. The deed from Golden West Refining
was improperly recorded by the law firm of Rutan & Tucker. This recordation was invalid for
several reasons including lack of approval by the City Attorney's Office and lack of a
Certificate of Acceptance by the Agency Clerk. Subsequently the City Attorney's Office and
City Clerk's Office discussed the improper recording with the County Recorder which resulted
in a valid re-recordation of this deed. Rutan & Tucker then retrieved the remaining two deeds
which they were in the process of recording. Rutan & Tucker forwarded these to the city.
The Agency Clerk has recorded these deeds.
As these deeds were not presented to the Redevelopment Agency for acceptance pursuant
to Government Code Section 27281, the Agency Clerk is requesting the Agency's consent
(retroactively) for her to record these deeds on behalf of the Agency. This action will allow a
legislative record of the chain of property title to be reflected in the City
Council/Redevelopment Agency minutes.
Environmental Status: NIA
Attachment(s1:
City Clerk's
Page • - Description
1. City Attorney Memorandum dated March 13, 2000
2. Communication from Rutan & Tucker dated 7/26/99 and
Corresponding Memorandum from Economic Development dated
8/11/99
3. Deed Nos. 5716, 5717 and 5718
RCA Author: C. Brockway
CENCORCA-le.doc -2- 03/17/00 2:02 PM
ATTACHMENT 1 il
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUN[CATION
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: March 1-, 2000
SUBJECT: RLS 00-117; QUITCLAIM DEEDS FROM CENCO AND GOLDEN WEST REFINING
COMPANY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH
INDEX: CITY CLERK; GENERAL/PUBLIC PROPERTY AND PUBLIC WORKS; PUBLIC
PROPERTY; ACQUISITION
BACKGROUNiD: Golden West Refining Company, CENCO, Inc. dba Creative Energy Company, and
CENCO Refining Company (both CENCO companies will be collectively referred to as the "CENCO
Entities") quit claimed three identical deeds to the Redevelopment Agency of the City of Huntington
Beach ("Deeds"). (Attachment 1.) As shown on the exhibit to the Deeds, the Deeds quit claim any
interest of Golden West Refining Company and the CENCO Entities to the property north of Pacific
Coast Highway and west of Beach Boulevard, property that the Redevelopment Agency is going to deed
over to the Waterfront entities as part of the Waterfront development project. The Deeds were given to
the Redevelopment Agency pursuant to the Settlement Agreement, dated October 2, 1998, entered into
between the City and Golden West Refining Company and the CENCO entities (`Settlement
Agreements'). The City Council approved this Settlement Agreement. Specifically, the Waterfront
parties, who also were parties to the Settlement Agreement, requested the three Deeds as evidence that
Golden West Refining Company and the CENCO Entities have relinquished their rights to a lease and
easement agreement for a pipeline running under the subject property.
ISSUES:
l. Is it necessary for the City to accept the Deeds and then convey the Deeds to the
Redevelopment Agency.
2. Is it necessary for there to be a minute record of the Redevelopment Agency action accepting
the three Deeds?
ANSWERS:
1. No. At the time Golden West Refining Company and the CENCO Entities quitclaimed the
Deeds to the Redevelopment Agency, the Redevelopment Agency, not the City, was the
owner of the subject property and, therefore, the proper grantee of the three Deeds.
2. Yes. The Request for Council Action should request the Redevelopment Agency's
acceptance of the three Deeds, set forth the necessary background and state that the Deeds
have already been recorded.
g.!jmf-)o00memos+RLS 00-117
Memo to Connie Brockway from Gail Hutton
RLS 00-117;Quitclaim Deeds from Golden West Refining Company and CENCO entities
3i 1300
Page 2 of 2
ANALYSIS: While the Redevelopment Agency was not a party to the Settlement Agreement, the City
transferred the parcel of land, which is the subject of the Deeds, to the Redevelopment Agency in 1989.
(Attachment 2.) Therefore, the Redevelopment Agency is the owner of the property, and thus the
proper grantee of the three Deeds.
Pursuant to California Government Code Section 27281, "deeds or grants conveying any interest in or
easement upon real estate to a political corporation or governmental agency for public purposes shall not
be accepted for recordation without the consent of the grantee evidenced by its certificate or resolution
of acceptance attached to or printed on the deed or grant. If a certificate of acceptance is used, it shall be
in substantially the . . . form [set forth in this section]." (Attachment 3.)
According to California Government Code Section 27281, the Redevelopment Agency must consent to
acceptance of the Deeds via a certificate of acceptance or resolution. The Redevelopment Agency's
acceptance should grant you the authority, as the Redevelopment Agency Clerk, to record the deed on
behalf of the Redevelopment Agency.
According to David Biggs, the Disposition and Development Agreement for the subject property
arguably gives him the authority to accept the Deeds on behalf of the Redevelopment Agency.
However, to be safe. I recommend that you ask the Agency's members to accept the Deeds on behalf of
the Redevelopment Agency. The Request for Council Action should request the Redevelopment
Agency's acceptance of the three Deeds. set forth the necessary background and state that the Deeds
have already been recorded.
If you have any questions, please call me or John Fujii.
GALL HUTTON,
City Attorney
Attachments: 1. Three Quitclaim Deeds from Golden West and CENCO entities.
2. Corporation Grant Deed from the City to the Redevelopment Agency re:
Waterfront property.
3. California Government Code Section 27281.
cc: David Biggs, Director of Economic Development Department
Matthew Lamb, Real Estate Manager
gljmf199memos\RLS00-117
ATTACHMENT 2
RUTAN & TUCKER , LLP
ATTORNEYS AT LAW
A PARTNERSHIP INCLUOING PROFESSIONAL CORPORATIONS
JAM£5 R.MOOR[• PHILIA D-KOHN 611 ANTON 9OULEVARO, SUITE 14♦ 0 APAM N VOLK[RT _ N
PAJL FREDERIC N.R. JOEL D.K ERBERJ J[RPaeY►OOLDPAAB RIC;DUNN'JO
R'[KARP A-CURNUTT STEV[N wu I.C..OLS COSTA MESA, CALIFORNIA 92 626-19 9 6 F.KEVIN BRAZIL FRED aAIANTE
L[DNARD A-H MPEL THO WAS G. BPOCKINOTON LA r NE M.MCLZER CR15T.'a.LOMEN ZO
JOHN B-HVRLDUT,JR. WILLIAM w.—DER L SK- MARR•5ON JEFFPEY T.M£LCHING
M CH L+M- MELL EVRID.KI IVICKII DALLAS DIRECT ALL MAIL TO P. 0- BOX 1950 ELISE K.TRAYNVM 5EAN P.FAR BELL
MI LFORD'N-•pAHL.JR- ANOALL M,SABBUSM LARRY A.CER VTTI MARLENE P05£
TH EODPRE I-WALLACE.JR.- M W.ORE[N COSTA MESA, CALIFORNIA 92 6 2 8-19 5 0 CAROL D.CARTY APPIL LEE WALTEP
G LBER-A.KRUGER GREGG A w ICK P MGEALLA KAaEN[
J03CP.I D CARRV�H MIC.IwEL i.9%ER TELEPHONE 1714] 641-5100 R:CHaaD K [LL uLlc s D UHpws
P ICHARD P 5•MS THOHw5:.CRANE JAMS g-w[~9i wu SOH M.I BAR IAR""
JAMES B.O'NEAL MARK■ 1RA2IER FACSIMILE {714] 546-9036 OAVIP M HOCHHEw JOHH w,HAMILTOH!JR-
POB£RT C.■RAVN PENELOPE PwRMES RICK MUYOZ 1— L05CHIN Z
THCMAS 5 BALING ER' M-—7—ERINC JENSOh 5 DANIEL MARGOTTLE PHILIP J. BLANC.IARD
DAVID C.LARSEN' DUKE R.w HLDUIST INTERNET www.rutanxom PAUL J-5L[VERS TERENCE J.DALLAONE-
CLIFFORD C.FRIEDEN RICHAAD G. WONTEVID[O MIOHAEL K 3LATTEwr ROBERT E-KING
NICHAEL D.RUB LOAI SwRNER SMITH OEBRA DVNH STEEL PEJA M HEMI NGwwv
IRA O.RIVIN• ERNEST W KLATTE II _ RUTAN (I860-10721 DAh SLATER JVLIE I. ANG
JEFFREr M.ODERMAN• EU2wwcTH L NwRTYN II
9- TUCKER, 5R. {1686-IOBO] KENT M CLAYTON DENISE M LOHMANN
STAN WOLCOTT' KIM D.THOMPSOH MILFORO w- DAIIL. SR. [1919-IB66] K 9UDEIISIEK wNPr MPORE
ROBERT S BOWER N.TATLOR KACEP H. RODGER HGWELL [19 2 5-19 831
JOBEPH L MAGA III ALI SON L TSAO
DAVID J.ALES-IRE DAVID■ COSa POVE KRAIG C.K-LGER CMAALES A DAVENPORT III
MARC.A A.FORSY-w HAVS VAN LIOTE4 JENN.FER w ITE-5P[RLING DAN-EL L G[BCRT
w1•.L I— M M wT ICOwENA ST—EN A CLLIS STCVEN J.OOON .IULIE L.DREW
JAME5 L.uORRIS WATTH[W K.P055 DOUOLAS U.DENNINOTON NATASMA K.LAKAMP
w1 LLIAM J.CAPLAN JEFFgEY WERTHE;I TREG A.JV LANDER RICHARD D.ARKO
MI C'IACL T-HGRNAK ROBERT O-OW[N TODD O-LI-114 MARK M uALDVOS
July 26, 1999 .P-DF£55DH.L�aR.DR.�DN
Or COS s[L
E DWARD D.5Y6C5MA,JR.-
�CaAVID J. GAR)BALOI, MI
John M. Fujii, Esq.
Deputy City Attorney `�
City of Huntington Beach
2000 Main Street r: --
Huntington Beach, CA 92648 '-.` �?
Re: Waterfront Property; Quitclaim of CENCO's Interest in Oil Pipeline Easement
Dear John:
As it turns out, I was able to retrieve the CENCO quitclaim deeds before they were taken
to the Recorder's office. I am enclosing the executed originals of those quitclaim deeds with
this letter. WE MOVED MOUNTAINS TO GET CENCO'S SIGNATURES ON THESE
DOCUMENTS, SO PLEASE DO NOT MISPLACE THEM!
Per our telephone conversation last week, please have the City Clerk's office execute an
appropriate acknowledged certificate consenting to the recordation of each document. If you
have any questions regarding the transaction, please feel free to contact either David Biggs or
me.
My client's final map is supposed to record very soon, so it would be greatly appreciated
if you would expedite the execution and return of these two documents. If you (or the City
Clerk's office) will call me (at (714) 641-3441) as soon as the sign-off has been given by the
Redevelopment Agency, I will send a messenger to pick up the deeds so that they can be
delivered to First American Title Insurance Company for recordation.
Thank you for your attention to this matter.
Very truly yours,
RUTAA & TUCKER, LLP
G i;f I
bI
Jeffr y . Oderman
1121017029-0003/3281077. aV7/25199
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
DEED CERTIFICATION
This is to certify that the in Ater est in real property co^Neyed by the Deed dated
,tune 21, 1999, from Cenco Refining Company to the REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, is
hereby accepted by the undersigned officer or agent on behalf of the Agency pursuant
to the authority conferred by Resolution No. 278 of the Agency adopted October 21,
1996 and the grantee consents to the recordation thereof by its duly authorized officer.
Dated: August 18, 1999
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
Cl,_ERK.
B .
eputy clerk
(Telephone:714536.5227) r
RECORDING REQUESTED SY
AND WHEN RECORDED NAIL THIS DEED AND,UNLESS OTHERwtSE Recorded in the County of Orange, California
SHOWN BELOW,MAIL TAX STATEMENT TO' - 111111111111111111111111111111111111111111r � • vlll�ll���l1111111111111 �I4ECOIV�e Fee
Name Redevelopment Agency of the
Street City of Huntington Beach 19990623679 11 :06am 08/27/99
f e04 15@17667 15 48
t CONNIE BROCKWAY CITY CLERK 001 4 04 0.00 6.00 9.00 0.00 0.00 0.00 0.00
CITY OF HUNTINGTON BEACH 0.00 0.00
z http://vAw-ci.huntington-beach.ca.us
P 0 BOX 190-2000 MAIN STREET
HUNTINGTON BEACH CA 92648
SPACE ABOVE THIS LINE FOR RECORDER'S USE
T 360 LEGAL(1-94) Quitclaim Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s) iJ/ LI
DOC' UME1rTARY TRANSFER TAX IS S � c
i1
unincorporated area ❑ City of
Parcel No.
iyi'•
computed on full value of property conveyed, or
❑computed on full value less value of liens or encumbrances remaining at time of sale.and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CENCO, Inc. , dba Creative Energy Company, a corporation organized
under the laws of the State of Delaware,
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the Redevelopment Agency of
the City of Huntington Beach
the following described real property in the City of Huntington Beach,
county of Orange . state of California:
TWE nompt-GoveffiffmMAgenW [See Exhibit "A" hereto] R-,,IR3, _S 10 yC31
CffY,OF HUNTiNGTON BEACH CATL . ;)Jl iu;',: Ci L_r tLorney.
e Brockway, lark ant 1s
City ThI$dOCUM r.0161y for the By De^u*,r Ci.y Ay Torre•
of lcial business of the City
BY: Of -Iutiiington ®each, cOn28�n- e� yy
Uty P-1—Sct.Under GOVernment Code
Sec. 6103 and stwWd be reco dW
" o fTO6 Of Glila:Lu@.
Dated � ���T� CENCO.,-�7d.,L
!r
p STATE OF CALIF RN A t B P dent
Ll Y CO Y OF lint) 1 V, 1�� } S.S. B .
I On I before me, ecr--:War
a Not �,u�i_c�'Ir�, d for�aid,Co4ptya cl St2 , er�1��liy appeared
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)islare subscribed to the
within instrument and acknowledged to me that helshelthey executed
the same in hislherttheir authorized capacity(ies),and that by hislherltheir
signature(s)on the instrument the person(s),or the entity upon behalf
of which the person(s)acted, executed the instrument.
WITNESS my hand and owhjkA
Signature (This area for olLcia•notarial seal)
J I
r
MAIL TAX STATEIN E1 S TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOW'N, MAIL AS DIRECTED ABOVE
Name Street Address city&State
EXMIT "A"
ALL THAT CERTAIN LAND IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA.
DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 14,TOWNSHIP 6-SOUTH,RANGE 11 WEST,IN THE RANCHO LOS BOLSAS,AS PER
MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION-OF A LINE THAT IS PARALLEL WITH AND 50.00 FEET WEST OF THE EAST
LINE OF SAID SECTION 14,WITH THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
SAID SECTION;THENCE SOUTH 000 44'22'FAST 1820.36 FEET ALONG SAID PARALLEL LINE TO THE NORTH
LINE OF THE LAND DESCRIBED IN BOOK 2351, PAGE 5 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE
SOUTH 740 34' 12'WEST 45.01 FEET ALONG SAID NORTH LINE TO THE NORTHEAST LINE OF THE LAND '
DESCRIBED AS PARCEL 2 IN BOOK 826, PAGE 379,SAID OFFICIAL RECORDS;THENCE NORTH 53'05,49'WEST
172.33 FEET ALONG SAID NORTHEAST LINE TO THE WEST LINE OF THE LAND DESCRIBED IN BOOK 261,PAGE
41 OF DEEDS, RECORDS OF SAID COUNTY;THENCE NORTH 00°44'22"WEST 12.63 FEET ALONG SAID WEST
LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY AS DESCRIBED IN BOOK
455, PAGE 400 OF SAID OFFICIAL RECORDS;THENCE NORTH 53°05'49-WEST 1066.76 FEET ALONG SAID
NORTHEAST LINE TO THE EASTERLY LINE OF LOT 1,TRACT NO. 13045 AS SHOWN ON INSTRUMENT NO.89-
145536, BOOK 628, PAGES 46 AND 47 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;THENCE
NORTH 360 54'20"EAST 360.46 FEET ALONG SAID EASTERLY LINE TO THE NORTH LINE OF SAID LOT 1;
THENCE SOUTH 480 43'21" EAST 25.00 FEET;THENCE NORTH 410 16'39'EAST 97.00 FEET;THENCE N 48"43'
21'WEST 38.85 FEET TO THE BEGINNING OF A 2452.00 FOOT RADIUS CURVE THAT IS CONCAVE
SOUTHWESTERLY;THENCE NORTHWESTERLY 252.68 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 050 54' 126'TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER
OF SAID SECTION 14.A LINE RADIAL TO SAID POINT BEARS NORTH 350 22'25"EASY;THENCE NORTH 89"42'
58"EAST 1658.74 FEET ALONG —11.10 MORT;;LINE TC%I'IE POWT OF SE.GINNiNG.
ALL AS SHOWN ON ATTACHMENT NO. 1 ATTACHED HERETO AND MADE A PART HEREOF.
11210f7029-0003f3243276.1 a02J24199
ATTACHMENT NO. 1 TO EXHIBIT "A"
E'LY LINE SEC 14,
T. 6 S., R. 11 W.,
M.M. 51/14
I
N'LY LINE S 1/2, NE 1/4
I MEM. 51/14.S.. R.11.W.,
l N3522'25"E (R) P.O.B.
��---� N89'42'S8"E 1658-70'
L=05'54'16" R=2452,00' L=252.68'
\ N48'43'21"W 38.85'
A� 00,E?7y
0 > 9� O
i 6 sF, F / \0p�
\� O
� � m
00 _
C 9•� In
'9ST ti ,9s6� , h
is s
o `
L
N00'44'22"W 12.63'
N53'05'49"W 172.33'
S74 34'12"W 45.01'
PW
0 , CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the Deed dated
June 21, 1999, from Cenco, Inc., dba Creative Energy Company to the
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public
body corporate and politic, is hereby accepted by the undersigned officer or agent on
behalf of the Agency pursuant to the authority conferred by Resolution No. 278 of the
Agency adopted October 21, 1996 and the grantee consents to the recordation thereof
by its duly authorized officer.
Dated: August 18, 1999
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
CLERK
By:
D pwty Cierk
1 Telephone:714-536-5227) r
• �,N�L t ,+ut-T
Recorded in the County of Orange, California
WHEN RECORDED MAIL TO: Gary L. Granville, clerk/Recorder
Illlslllll!lilil111�111111IIIIIIIIiili�i111�11114�'[,11111►.IIIII No Fee
Connie Brockway 19990564046 04;30PM 08/02/99
Clerk for Redevelopment Agency of the 004 15017105 15 48
001 5 04 0.00 6.00 12.00 0.00 0.ee e.00 0.00
City of Huntington Beach 20.00 0.ee
P. O. Box 190
2000 Main Street
Huntington Beach, CA 92648
CORPORATION QUITCLAIM DEED
The attached Corporation Quitclaim Deed is being re-recorded to add the Redevelopment
Agency of the City of Huntington Beach's acceptance of the Deed, which is also attached hereto.
1
This document Is solely for the
official business of the City
of Huntington Beach, as contem-
ie!ated under Government Code
Sec. 6103 and should be recorded
free of charge.
1bz42x ampt-GovemrneM Agency
CITY OF H%n !!TON BEACH
.C..o le BmCkwaY.City Clerk
gajmfl99memos\RLS99-463 BY:
putt'City ererkg
I IU-ORDING REQUESTED BY: This documentle- electronically recorded by
FIRv,,'.'f AMERICAN TITLE CO. First American A Insurance Company
Recorded in the County of Orange, California
i Ga11111
L!. (Grlalnvillel, Clerk/Recorder
WHEN RECORDED MAIL TO: fIII�III��I�I��Ilillll1111 IIlIIII IiIII�II��II No Fee
Redevelopment Agency of the 19990421852 4:19pm 06/07/99
City of Huntington Beach 004 7023486 07 28
2000 Main Street Q01 3 04 0.00 6.00 6.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648 0.00 0.00
Attn: Executive Director
•_SPACE ABOVE"7NIS UNETOR RECORVERS USE
\ DOCUMENTARY TRANSFER TAX S..........g....wf.{..:...........................�/ 'Q
Computed on the consideration or value of property conveyed;OR f!
....Computed on the consideration or value less liens or encumbrances
`C remaining at time of sale.
signature of Decrarant or Agee deE ping lax—Firm Name
CORPORATION QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1�
Golden West Refining Company, -�
a corporation organized under the laws of the State of California , does hereby
REMISE, RELEASE AND QUITCLAIM to the Redevelopment Agency of the City of
Huntington Beach
the real property in the City of Huntington Beach
County of Orange , State of California, described as
This document Is solely for the [See Exhibit "A" hereto]
7G';�.fal bilslrlesS >Xr the Cluj �-_ _ :f, _ _ A'ftorney
fl�19TT3S7]�F11 �'a' 'tiUt;✓ I�y nii^Ti.9"
40ode
<X7
'cr. 6103 and sOould be recorded � f
'roe of charge. (�[ qq
Dated June 1 , 1999 Golden �est Refining Cnmpan)l
STATE OF CAUFORNIA Iss.
CCUNTY OF LosiPrwelrt: I
On before me, By
1VasAs.n zlA�lr� �� „i;j- Vice President President
personalty appeared 'MOsh���n�Se:e r e L-A j
r
personally known to me ( B
-evider+ee)to be the person(s)whose name(s)iclare subscribed to the within y
instrument and acknowledged to me that Ite/s4althey executed the same Secretary
in hisAw/their authorized capacity(ies), and that by HsA t rltheir signa-
ture(s)on the instrument the person(s)or the entity upon behalf of which NANCY SOLORZANO
the person(s)acted,executed the instrument. r.. Comm.#1150809
WITNESS my hand and official Vl NOTARY PUBLIC-CALIFORNIA
tua Angeles County
Signature v Mr Comm. Exores Aug.10,2001
MAIL TAX STATEMEN TO:
(rhas area for of col notarial seal)
THIS INSTRUMENT IS RECORDED IN THE
COUNTY OF ORANGE AT THE REQUEST OF TM Eumpt-GO'mmIr terA Acme/
FIRST kMERICAN MLE COAfPA.+VY AS AN CITY OF Hl,IFdT.NGTON I?r.ACH
ACCON11NIODAT10N ONLY. IT HAS NOT Connie Brockway,Clay Clark i
BEEN EXAIMINED AS TO ITS EXECUTION �4�
1145(1/94)
OR AS TO ITS EFFECT UPON THE TITLE.
eputy Ity a r<
F�=IT "A"
ANY RIGHT TITLE OR INTEREST OF THE GRANTOR IN AND TO:
ALL THAT CERTAIN LAND IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 14,TOWNSHIP 6-SOUTH,RANGE 11 WEST, IN THE RANCHO LOS SOLSAS,AS PER
MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION-OF A LINE THAT IS PARALLEL WITH AND 50.00 FEET WEST-OF THE EAST
LINE OF SAID SECTION 14,WITH THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
SAID SECTION;THENCE SOUTH 000 44'22' EAST 1820.36 FEET ALONG SAID PARALLEL LINE TO THE NORTH
LINE OF THE LAND DESCRIBED IN BOOK 2351, PAGE 5 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE
SOUTH 740 34' 12'WEST 45.01 FEET ALONG SAID NORTH LINE TO THE NORTHEAST LINE OF THE LAND
DESCRIBED AS PARCEL 2 IN BOOK 826, PAGE 379, SAID OFFICIAL RECORDS;THENCE NORTH 530 05'49'WEST
172.33 FEET ALONG SAID NORTHEAST LINE TO THE WEST LINE OF THE LAND DESCRIBED IN BOOK 261,PAGE
41 OF DEEDS, RECORDS OF SAID COUNTY;THENCE NORTH 00'44'22'WEST 12.63 FEET ALONG SAID WEST
LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY AS DESCRIBED IN BOOK
455,PAGE 400 OF SAID OFFICIAL RECORDS;THENCE NORTH 531, 05'49'WEST 1966.76 FEET ALONG SAID
NORTHEAST LINE TO THE EASTERLY,LINE OF LOT 1,TRACT NO. 13045 AS SHOWN ON INSTRUMENT NO. 89-
145536, BOOK 628, PAGES 46 AND 47 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;THENCE
NORTH 36°54'20'EAST 360.46 FEET ALONG SAID EAST ERLY LINE TO THE NORTH LINE OF SAID LOT 1;
THENCE SOUTH 480 43'21"EAST 25.00 FEET;THENCE NORTH 410 16'39"EAST 97.00 FEET;THENCE N 480 43'
21'WEST 38.85 FEET TO THE BEGINNING OF A 2452.00 FOOT RADIUS CURVE THAT IS CONCAVE
SOUTHWESTERLY;THENCE NORTHWESTERLY 252.68 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 05°54' 126'TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER
OF SAID SECTION 14,A LINE RADIAL TO SAID POINT BEARS NORTH 350 22'25'EAST;THENCE NORTH 890 42'
58'EAST 1658.70 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
ALL AS SHOWN ON ATTACHMENT NO. 1 ATTACHED HERETO AND MADE A PART HEREOF.
112/017029-000313243276.1 aOY24199
ATTACHMENT NO. 1 TO EXHIBIT "A"
E'LY LINE SEC 14,
T. 6 S., R. 11 W.,
M.M. 51/14
I '
1 N'LY LINE S 1/2, NE 1/4
k SEC 14, T.6.S., R.1-1.W.,
I M.M. 51/1I
� N35 22 25 E (R) P.Q.B.
N8742'58"E 1658.70'
A=05'54'16" R=2452.00' L=252.68'
N4643'21"W 38.85'
3�� Sip: , F 9\ p
o sF
\ m
N � \ io 0 m
s,
f
N00'44'22"W 12.63'
4 N53'05'49"W 172.33'
S7434'12"W 45.01'
_ 1e
j, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the Deed dated
June 1, 1999, from Golden West Refining Company to the REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and
politic, is hereby accepted by the undersigned officer or agent on behalf of the Agency
pursuant to the authority conferred by Resolution No. 278 of the Agency adopted
October 21, 1996 and the grantee consents to the recordation thereof by its duly
authorized officer.
Dated: July 26, 1999
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
CLERK
By:
epuiy Clerk
{Telephone,714-536-5 227)
cli* 3 r;
NU1/4/k,eo
0 U�
.
99g"JG I I4 f ef. 0'
� p A
28
G o
`ewt,," h�y DaP/66!'�41 i4� n avrCA?"", �-,-r�
7!� D.PM7 l�rr � O �/ / GIAMI � Igre �how /fQr�y p �r P� a�a7-- 7l?,& 7tPoj 1`0
wd he 1 o le,.s 07' `riy �cv,e�7`ne1P�,/
124S A�P � cv/f4 Wdc,,,U �45 //uAw .4 7&rAer
recggl�aebeD fle WPc� w,,A��t Sriy I`no�1kdo 4- .��7'4 &vQJ-rill 7-h �
fV7P .74d 7
Gt Pnc C�l�i�C�fP
hrWaW 7O lec i,j 4 4/U 7X
C, ff7TlJ/'�vP J D ff`JG /
7<
a, o fh4 f 7�e hcl -1ion 0/1 I PW 604J �PUf O o
S,iow A4r 7%e acav�a,c1 dy' a f,�r,SSU��a� .7 n
!f is �''C c c.f 6f t) o n/Y AO ac<vmno,Aa fe lZP cIt
DD f7e4x)nPal .5u6se v�s� 11241-���m� fwo
y _r
J�70fP GI�P�S �(lQ�� 6Dm�r� /'uv I • � �r e 7� Sc��zfv �! • �-
(,✓�i�P d
rRel ro•'� O
2 v,�rq W� CAI
Im o Gth� (�e�co !�S �P� �f J AP SU/'e-
R�(
7(WO e o%P� wee C.N117
A c Iecur0 ell) -7(Ae �'l gG�P�L���hucl7`-
('�F� IL hdW�P��j !?�rs,V/� r �- (fe7`y
�c.e -fir 7%e ex4,�--1G, 7 17' y 41-14IVCI -A,- 1W 26
rPce)_,4 GePd'S
-1%e or4 ���
r j e. 0W61/g4s'ce �0 e .Sure 7�ee7� 1rl CaJ,� 176
` 7� wq s /h
Caepl eb 7%ry v h 7%01,�kOu)cr.
re571 k7(7 ' --Crel*,V U�
CUurs e ,r 44-!l �r'o c PP� 7o re['v`6
1�ud u3 t
''D•» D J .r Gum >!P� 7�) d6 SU�'�r /Yu u a�'-�
'�--
I-7�-
�JPcu U1 r 7 lic�Pr,�' /�PD�� S>*&,4A...t-d Als/os4/
!L°s�dns.6/� '-�lh4.00,
nep 7�P S5
. .r A4 c e A!r]�fd ape,,?-r �7�^ .�� /�U� g'vP.3.�lDrzS 44,
O �lih t � ��' TO cJ�i•✓ f'u ti dt TO
)744/ S1ic441
ccias e avha
�' e A a Bie rs tan e so - 's r17
Uvr C) h I-e: 'A s 5��� Gll v /��sr ��
101W 7'- UIfYQ �j4 /a7c y�
I?««P6 -/;;A�o may`
Grp- e IS
4•Msa�w.� r -- --
Santa Ana Region
71'msa ft H.Hicicai tntemd AdOMS.- btEPJAV-►*SW bCMVV ,/ GraT[„w
J131 Mtia Stet Suit 590.R+rvridc.Caldom is 9250 i-3339 Vim/' � � C.at•.ror
RECEIVED
y JUL 29
July 27, 1999 � ��J° TARGHEE, INC.
June Christman
CENCO Refining Company
12345 Lakeland Road
Santa Fe Springs. CA 90670
PIPELINE REMOVAL AT THE WATERFRONT HILTON HOTEL PROPERTY, CITY
OF HUNTINCTON BEACH
Dear Ms. Christman*
We have reviewed your May 12, 1999 submittal of the 'Pipeline Removal at the
Waterfront Hilton Hotel Property, Huntington Beach, Califomia" (Report)_ This Report
was prepared by your consultant, Versar. Inc., and was submitted by your legal
representative, Dernetriu, Del Guercio, Springer&Moyer, LLP. The Report discusses
the findings of the subsurface investigation associated with the pipeline removal at the
above property. The following sections outline each agency's comments and
regLikements:
ltional Mter Q.uglftY Control Board
1. Page 3 of your Report states that"...Versar noted the follQwinq observations
regarding soil conditions beneath and in the vicinity of the former pipeline. Fill
material consisting of brown sand with clay and varying percentages of brick,
glass, metal, and wood material was encountered from ground surface to 3.5 to
5.5 feet bys." It must be noted that the above-mentioned debris was noted in
one of the exploratory trenches away from the pipeline alignment (T4f20-5) and
was never encountered along the pipeline excavation itself.
2. Page 7 of the Report states that"The tar4ke product encountered in the
trenches and potholes was not encountered in the pipeline trench". However, as
you indicate on page 4 of your Report, the tar-like product was also encountered
within the pipeline trench beginning at station 1+65.
3. Page 9 of your Report states that`The presence of this tar-like material in trench
T4/20-4, almost 15a-feet from the pipeline, indicates the impacted soil in the
trenches and adjacent to the pipeline is most likely a result of previous activities
at the siW (e.g. oil production wells and associated sumps) and not:associated
with releases from the pipeline.' According to the available data and a search of
California Exvirommntal P}vrecdox Agency
l�ryrle+�Papv
June Christman -
CENCO Ref ring Comp
the historic oil production features at the site, only a single non-producing,
abandoned oil production well was identif►ed. In fact, trenches east of the
pipeline between the oil production well and the pipeline were excavated to
determine whether or not the oil pmducbon well and the associated sumps were
the cause of the petroleum hydrocarbon (PHC) impacts. During these
excavations, if was noted that trenches T4/19-6 and T4119-7 were not impacted
by PHC and &herefore, tha impact f m MS identafaed historic Dil productio»
features was ruled out. All parties present, including the staff of CENCO
Refuting Company (CENCO) and Versar. Inc., were in concurmnce with this
outcome. Therefore, the statement noted in Versar's report can not be
substantiated without further, more detailed investigation.
4. Page i t of your Report states that "However, based on close field inspecdion of
the pipeline integrity (particularly along sections coincident with observations of
petroleum-impacted soil), no discoloration of the pipe wrap, no holes, breaks, or
repairs are evident along the entire pipeline alignment, including those sections
where visible staining was observed in the surrounding soil during removal
activities." During the oversight of Vw project, various areas of discoloration.
swelling and damage to the pipeline mastic was observed and photographed by
all parries.present. In fact, Versar was asked to uncover these areas for signs of
damage to the pipeline itself- Although, no large visible holes were noted, the
uncovered areas showed staining and various levels of oxidation on the pipeline
surfaces.
5. Page 11 of your Report states that`Additionally, historical information regarding
previous activities at the site , including investigations performed by OST,
indicates that the impacted soil-beneath the pipeline may be due to releases
from oil production facifitres toff production wells and associated sumps) tbrmerly
located at the site." Our review of the historical data, and the reports by OST do
not support the above statement. Aitnough the pipeline corridor was not
investigated during the past envirorrmntal activities at the site, QST's March 1s,
1999 report states that"Soil containing elevated TPH levels were associated with
CENCO pipeline, which will be removed by CENCO."
N trtirrgtt n Rea Fire QgparUmn
On June 17, 1999, Huntington Beach Fire Department submitted a report indicating
their comments regarding Versar's May 12 Report.. Please sec AttachnVnt 1 for a copy
of the report from SioRemedy, Inc., Huntington Beach Fire Department's consultant.
then A nci
Other agencies did not comment on this phase of the project. However, they have
requested tc be involved to the later phases of work. Therefore, you must provide a
California Effv& mmental Protection Agency
�' Rec7c;t6Poper
V 1J..i. v e. ..r..i •r. __
CENCO Retuning Corn
copy of all submittals regarding the future phases of the project to the other agencies
listed in Attachment 2.
Based on a careful review of the available data, we believe that the PHC eontaminabon
encountered during the pipeline removal is associated with the CENCO's pipeline.
Therefore, CENCO is responsible for all site mitigation. By September 1. 1999, please
submit a workplan for remediation of the PHC-impacted areas. This workplan must be
prepared in accordance with the requirements of the Huntington Beach Fire
Department and the Regional Water Quality Control Board.
If you have any questions, please contact Ray Akhtarshad of my staff at(909) 320-
2024 or me at(909)782-3295.
Sincerely,
Dixpe B. Lass, Chief
Land Disposal Section
Attachments (2)
OC.' Ross Kaiser, Army Corps of Engineers, Los Angeles
Eliana Makhlouf, Versar
Hossein Monfar+ed, California Depammnt of Forestry, Office of Fire Marshall
Michael Dolder, Huntington Beach Fire Department
Time Greaves, Huntington Beach Fire Department
Chris Kern, California Coastal Commision
Maurya Falkner,California State Lands Commission
Craig A. Moyer, Demetriu, Del Guercio, Springer& Moyer, LLP
Howard Culver, Targhee Inc.
RASC'iCA4A�PETStOVCEN"�GE�'(C4-9.DQC
Cafifornk Environmewd Protection Agency
Rr.}rle�Pgpr.
TfML P.04
TOTAL P.e?
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
r HUNTINGTON SUCH
DATE: August 11, 1999
TO: Connie Brockway, City Clerk
FROM: David C. Biggs, Director of Economic Development
SUBJECT: Recordation of Quitclaim Deeds -- CENCO Refining Company
In regard to the captioned matter, attached are the following:
1. Two (2) original Quitclaim Deeds executed by representatives of CENCO
Refining, deeding interest in an easement to the Redevelopment Agency.
The easement is located within the site of the Waterfront Expansion. The City
Attorney has approved these deeds.
Please attach your usual Deed Certification to these two unrecorded
CENCO Refining deeds and forward them for recordation.
2. The transmittal letter that accompanied these original deeds from Jeff
Oderman, Esq., Rutan and Tucker, to John Fujii, Deputy City Attorney. Mr.
Fujii forwarded the deeds to me for transmittal to you.
3. The re-recorded original Quitclaim Deed signed by representatives of
Goldenwest Refining. The re-recordation was made at your request but the
deed was mistakenly returned to me by the Recorder's Office. It is included
here for retention in your files.
4. A copy of Mr. Fujii's memo to you of July 21St, on the matter of re-recordation
of the Goldenwest Refining deed.
appreciate your assistance with this matter. If you have any questions, please . - -
contact Stephen V. Kohler or me.
XC: John Fujii
Gus Duran
Stephen V. Kohler
i
CITY C&UNTINGTON BEACH 0 RLS No J
REQUEST FOR LEGAL SERVICES ;4ssnro" `
Gail Hutton, City Attorney bate
Date: Request made by: Telephone: Department:
August 2, 1999 David Biggs ?C5909 Economic Development
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and statE
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance ❑ Opinion ❑ Stop Notice
❑ Resolution ❑ Lease ❑ Bond
❑ Meeting ❑ Contract/Agreement ® Deed
❑ Court Appearance ❑ Insurance ❑ Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ❑ Yes ® No
Unless otherwise specified herein, I
If not for Council action, consent to the disclosure of the
If for City Council action, desired completion date: information contained in this RLS to ail
MenArs oft P
a City Council.
Agenda Deadline '� —;/
Council Meeting ASAP Signature of D artment Head
Please review and approve as to form the two attached QuitClaim Deeds. DCA John Fuji handled a similar and related Qui
Claim under RLS 463,which he recently completed.
Routing: q GCH . ❑ PDA . ❑ tB' ❑ Sk 0. JF 0 ADL,: 0 SF--: :❑ JM_- ❑
g y .� 8Ca d
This Request.for Legal-Services has been assigned to attorne - J0HK FIIJIl
extension -.5523 _ . His/her secretary is Joan:° N:: -- 0densiori=-s5540
Notes:: File'.Name: .. Date Completed:::
WP No.. �/ 9
[] Shaded areas for City Attorney's Office use only
-
bbbf
31
i
p
0 A 113
x S( �--3
_ J
CITY l;Fl_E K
HB CITYF
CITY OF HU�ITINGTOn° BEACH ��;,� ,,�T�� S t:,�u. CA
rNTTER-DEPARTMENT C0MMUNICATION
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, Citv Attorney
CC: DAVID BIGGS, Director of Economic Development Department
DATE: July 21, 1999
SUBJECT: RLS 99-463; QUITCLAIM DEED FROM GOLDEN WEST REFINING COMPANY
TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
INDEX: CITY CLERK; GENERAL/ PUBLIC PROPERTY AND PUBLIC WORKS;
PUBLIC PROPERTY; ACQUISITION
BACKGROU-ND:
The City's Economic Development Department forwarded to you a Quitclaim Deed from
Golden West Refining Company to the Redevelopment Agency of the City of Huntington Beach
("Deed"). The property subject to the Deed is property that the Redevelopment Agency is going to
deed over to the Mayer entities as part of the Waterfront development project ("Waterfront
Property"). According to Jeff Oderman of Rutan& Tucker, counsel for the Mayer entities, the
Deed transfers Golden West Refining's interest in the `'Waterfront Property, including its interest in
the Lease and Easement Agreement, dated May 18, 1983, between the City and Gulf Oil
Corporation ("Easement"), whose interest Golden West Refining subsequently acquired. The Deed
was not approved by the City Attorney's Office and was recorded without your authorization
accepting the Deed on behalf of the Redevelopment Agency. When returned by the County
Recorder's Office, a sticker was located on the lower left corner of the Deed, which states as
follows:
"THIS INSTRUMENT IS RECORDED IN THE COUNTY OF ORANGE AT THE
REQUEST OF FIRST A VIERICAN TITLE C011PANY AS AN ACCOMMODATION
ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS
EFFECT UPON THE TITLE."
After further clarification from you, I have answered the following questions:
ISSUES:
1. What should you do about the acceptance of the Deed?
2. Please explain why there is no Redevelopment Agency action authorizing
acceptance of the Deed.
3. Please clarify the notation on the lower left corner of the Deed.
g:J mf-s.99memos'RLS99-46;
*Memo to Connie Brockway from sail Hutton
RLS 99-463;Quitclaim Deed from Golden West Refining Company
Page 2
ANSWERS:
1. As I understand, pursuant to City Council action, you are required to execute an
authorization accepting a deed on behalf of the Redevelopment Agency, and to attach that
authorization to the deed before recording it. I recommend that to rectify this omission, you
attach your authorization and re-record the Deed. The reason you should re-record the Deed
is so the public knows that the Redevelopment Agency officially accepted the Deed. My
Office has reviewed the Deed and approved it as to form. According to Phyllis Johnson,
your contact in the County Recorder's Office, you should submit your acceptance of the
Deed along with a cover page explaining why the Deed is being re-recorded. For your
convenience, I have drafted a cover page for you to submit to the Orange County Recorder's
Office along with your acceptance and the original Deed (Attachment).
2. As I understand, the Economic Development Department received the Deed directly from
the Orange County Recorder's Office after it was recorded. According to Jeff Oderman,
counsel for Golden West Refining sent the Deed to his firm, and Rutan&Tucker requested
that First American Title Company record the Deed. The Deed transfers Golden West's
interest in the Easement to the Redevelopment Agency. Pursuant to Paragraph 4 of the
Settlement Agreement, dated October 2, 1998, between the CENCO entities, Golden West
Refining, the City and the Mayer entities regarding the Santa Fe Springs litigation, Golden
West Refining has assigned its rights under the Easement to the CENCO entities. Jeff
Oderman told us that this assignment has not been recorded. Thus, to make sure that the
Redevelopment Agency(and subsequently the Mayer entities) has acquired any and all
rights to the Waterfront Property, Rutan & Tucker requested identical quitclaim deeds from
Golden West Refining and the two CENCO entities (CENCO Refining Company and
CENCO, Inc.). Jeff Oderman told us that the CENCO quitclaim deeds have recently been
recorded, so the Redevelopment Agency shortly will be receiving those two deeds, which
also have not been accepted by you. In sum, no Redevelopment Agency action was taken on
the Deed, because Rutan &Tucker, whose clients will eventually take title to the Waterfront
Property as part of the Waterfront development project, handled the Deed recordation.
3. According to Phyllis Johnson in the County Recorder's Office, the County Recorder's
Office does not put any notations or comments on recorded deeds, except its stamp
indicating the recordation number, and time and date of recording. Phyllis believes that First
American Title Company put the notation on the lower left corner of the Deed to inform
anyone reading the Deed that First American has not guaranteed the accuracy of the Deed,
but has only recorded the Deed as an accommodation to its client. Therefore, you should
ignore this notation.
If you have any questions, please call me or John Fujii.
GAIL HUTTON, City Attorney
Attachment: Cover Page Requesting Re-recordation of Deed.
g Aj mf\99memo s\RLS 99-463
CITY COUNTINGTON BEACH
RLS No.
REQUEST FOR LEGAL SERVICES Assn To
Gail Hutton, City Attorney Date
Date: Request made by: Telephone: Department:
717199 Connie Brockway 5404 rn - City Clerk
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for t R.request:Md state
facts necessary for City Attorney to respond. Please attach all pertinent information45 exhibit
TYPE OF LEGAL SERVICES REQUESTED: <M <
m z �,
❑ Ordinance ® Opinion ❑ Stop 4ices M
❑ Resolution ❑ Lease ❑ Bond m`n co
❑ Meeting ❑ ContractfAgreement ❑ Deeds
❑ Court Appearance ❑ Insurance ❑ Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ❑ Yes ® No
Unless otherwise specified herein, I
If not for Council action, consent to the disclosure of the
If for City Council action, desired completion date: information contained in this RLS to all
members of the City Council. I
Agenda Deadline ,, ,_,,1� �•
Council Meeting 7/21199 Sig ature of Department ffead
COMMENTS
y Regarding Quitclaim Deed from Golden West Refining (Settlement Agreement/CENCO/City of Santa Fe Springs)
The attached original deed was forwarded to the City Clerk's Office by the Economic Development Department. The
10/19/98 City Council action approving the agreement is also attached, together with a copy of the agreement. Please
respond regarding the following:
1 The Corporation Quitclaim Deed does not reflect the City Attorney's [approved as to form]signature.
The deed was recorded without the Title Company informing the Clerk's Office, thus the required certificate authorizing
the Agency Clerk to accept the deed on behalf of the Agency was not affixed.
3. T;;o Settlement Agreement is betrreen the City and Goldenwest Refining Company, and other entities; however,the
easement is quitclaimed to the Redevelopment Agency. There is no Redevelopment Agency action authorizing
acceptance of the property.
4. Please clarify the County Recorder's notation at the lower left corner of deed—the wording regarding that it has not been
examined as to its execution effect upon title and that it was recorded for accommodation only.
xc: David C. Biggs, Economic Development Director
(Note to EDD: Please provide me with the Agency action. It may be that the action was entered incorrectly in the computer")
CB:Ie
outing: 1 ❑ GCH 1 ❑ PDA ❑ LB ❑ SL ❑ JF ❑ ADL TO SF 1 ❑ JM ❑
This Request for Legal Services has been assigned to attorney ,
extension His/her secretary is , extension
Notes: File Name: Date Completed:
WP No.:
❑ Shaded areas for City Attorney's Office use only.
RECORDING REQUESTED BY: This document vjM electronically recorded by
t FIRST AMERICAN TITLE CO. • First AmericdWitle Insurance Company
Recorded in the County of Orange, California
`f` i Jill
G``a}}]�}L.. }Granville,
l Clerk/Recorder
A r
WHEN RECORDED MAIL TO: �ICI�l l��1111.11111�l11ll��l�l���l��l�lfll�f l�ll� ��� _ I o Fee
Redevelopment Agency of the 19990421852 4:19pm 06/07/99
City of Huntington Beach 004 7023486 07 28
2000 Main Street Q01 3 04 0.00 6.00 6.00 0.00 0-00 0.00 0.00
Huntington Beach, CA 92648 0.000.00
Attn: Executive Director
_ _SPACE A OV -THIS UNE"FOR-FIE6615ERS USE
DOCUMENTARY TRANSFER TAX$.......�/� ....CJr IZG.�7� QG'CLGLlrrl ZQJl2y'�in i1Z s L net 1/
J ......Computed on the consideration or value of property conveyed; OR
....Computed on the consideration or value less liens or encumbrances
rerriak-ing at time of sale.
ignature of Oeclarara or Agent deterriftning tax—Firm Name
CORPORATION QUITCLAIM DEED
1 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Golden West Refining Company,
a corporation organized under the laws of the State of California does hereby
J REMISE, RELEASE AND QUITCLAIM to the Redevelopment Agency of the City of
Huntington Beach
the real property in the City of Huntington Beach ,
County of Orange , State of California, described as
(See Exhibit "A" hereto]
Dated .dune 1 , 1999 Golden West _Ref i nI ❑g f:C1iI10 its'
STATE OF CAl_IFORNIA }ss.
COUNTY OF _Los-A yy o c }
On_���� \act before me, By
L Qv�ea Sc� d�rls] 'Sc ,:is It `vice President President
personally appeared_ YV\()e NpS n,�Sc,,<e hc{
personally known to me ( B
'evidenee)to be the person(s)whose name(s)Ware subscribed to the within Y
instrument and acknowledged to me that he/she/they executed the same Secretary
in hisA;er/their authorized capacity(ies), and that by hisA er/their signa
ture(s)on the instrument the person(s)or the entity upon behalf of which NANCY SOLORZANO
the person(s)acted,executed the instrument. ..(91Comm.
15081?9 �p
WITNESS my hand and official se 1ffNOTARY PUBLIC•CA LIFORNIA UI
Los Angeles County
Signature 0 y Comm. Ex0fol Aug.t0,2001 ``
MAIL TAX STATEMEN TO:
(This area for oftial notarial seal)
THIS INSTRUMENT IS RECORDED IN THE
COUNTY OF ORANGE AT THE REQUEST OF
FIRST AMFRICAN TnLE COMPANY AS AN _
ACCO 510DATION ONLY. IT HAS NOT
BEEN EXAMINED AS TO ITS EXECUTION 1145(t/941
OR AS TO ITS EFFECT UPON THE TITLE.
F_XMIT "A"
ANY RIGHT TITLE OR INTEREST OF THE GRANTOR IN AND TO:
ALL THAT CERTAIN LAND IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA.
DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 14,TOWNSHIP 6-SOUTH, RANGE 11 WEST, IN THE RANCHO LOS BOLSAS,AS PER
MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION-OF A LINE THAT IS PARALLEL WITH AND 50.00 FEET WEST OF THE EAST
LINE OF SAID SECTION 14,WITH THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
SAID SECTION; THENCE SOUTH 000 44'22'EAST 1820.36 FEET ALONG SAID PARALLEL LINE TO THE NORTH
LINE OF THE LAND DESCRIBED IN BOOK 2351, PAGE 5 OF OFFICIAL RECORDS OF SAID COUNTY;THENCE
SOUTH 740 34' 12'WEST 45.01 FEET ALONG SAID NORTH LINE TO THE NORTHEAST LINE OF THE LAND
DESCRIBED AS PARCEL 2 IN BOOK 826, PAGE 379, SAID OFFICIAL RECORDS;THENCE NORTH 530 05'49'WEST
172.33 FEET ALONG SAID NORTHEAST LINE TO THE WEST LINE OF THE LAND DESCRIBED IN BOOK 261, PAGE
41 OF DEEDS, RECORDS OF SAID COUNTY;THENCE NORTH 000 44'22"WEST 12.63 FEET ALONG SAID WEST
LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY A5 DESCRIBED IN BOOK
455, PAGE 400 OF SAID OFFICIAL RECORDS;THENCE NORTH 530 05'49'WEST 1966.76 FEET ALONG SAID
NORTHEAST LINE TO THE EASTERLY LINE OF LOT 1,TRACT NO. 13045 AS SHOWN ON INSTRUMENT NO. 89-
145536, 13OOK 628, PAGES 46 AND 47 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;THENCE
NORTH 360 54'20' EAST 360.46 FEET ALONG SAID EASTERLY LINE TO THE NORTH LINE OF SAID LOT 1;
THENCE SOUTH 480 43'21' EAST 25.00 FEET;THENCE NORTH 41° 16'39' EAST 97.00 FEET;THENCE N 48°43'
21'WEST 38.85 FEET TO THE BEGINNING OF A 2452.00 FOOT RADIUS CURVE THAT IS CONCAVE
SOUTHWESTERLY;THENCE NORTHWESTERLY 252.68 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 050 54' 126'TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER
OF SAID SECTION 14,-A LINE RADIAL TO SAID POINT BEARS NORTH 350 22'25' EAST.THENCE NORTH 89'42'
58'EAST 1658.70 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
ALL AS SHOWN ON ATTACHMENT NO. 1 ATTACHED HERETO AND MADE A PART HEREOF.
1121017029-0M5243275.1 "Y24199
ATTACHMENT I O. I TO EXHIBIT "A"
FLY LINE SEC 14,
T. 6 S., R. 11 W.,
M.M. 51/14
I !
N'LY LINE S 1/2, NE 1/4
SEC 14, T.6.S., R.11.W.,
M.M. 51/1`
\ N3522'25"E (R) P.O.B.
�"� / N8742'58"E 1658.70'
/' / � 6=05*54'16" R=2452.00' L=252.68'
/�`j/ y,TyF \\ N48'43'21"W 3$.85'
s•
(q. 3�\
S�• Spo�`�� • F`9
\\ "� 0
co
osg
9�
�Y
0,4,5�
�5icti �6.
��- o
j
N0(744'22"W 12.63' i
o N53'05'45"W 172.33'
S74'34'12"W 45.01'
II
PW
I
EA J ' CITY OF HUNTINGTON BEACH
V_,:2L_tJINTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
DATE: June 21, 1999
TO: Connie Brockway, City Clerk
FROM: David C. Biggs, Director of Economic Development .
SUBJECT: Corporation Quitclaim Deed — Goldenwest Refining Company
Attached is the original of the captioned deed by which Goldenwest Refining has
quitclaimed a pipeline easement to the Redevelopment Agency. The easement
is within the site of the Waterfront Expansion Project.
Please file this original, recorded deed with your permanent records. If you
should have questions, please call.
XC: Gus Duran
Stephen V. Kohler
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATIDN
TO: CO`'N IIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: March U, 2000
SUBJECT: RLS 00-117; QUITCLAIM DEEDS FROM CENCO AND GOLDEN WEST REFINING
COMPANY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH
INDEX: CITY CLERK; GENERAL/PUBLIC PROPERTY AND PUBLIC WORKS; PUBLIC
PROPERTY; ACQUISITION
BACKGROUND: Golden West Refining Company, CENCO, Inc. dba Creative Energy Company, and
CENCO Refining Company(both CENCO companies will be collectively referred to as the "CENCO
Entities") quit claimed three identical deeds to the Redevelopment Agency of the City of Huntington
Beach("Deeds"). (Attachment I.) As shown on the exhibit to the Deeds,the Deeds quit claim any
interest of Golden West Refining Company and the CENCO Entities to the property north of Pacific
Coast Highway and west of Beach Boulevard,property that the Redevelopment Agency is going to deed
over to the Waterfront entities as part of the Waterfront development project. The Deeds were given to
the Redevelopment Agency pursuant to the Settlement Agreement, dated October 2, 1998, entered into
between the City and Golden West Refining Company and the CENCO entities ("Settlement
Agreement"). The City Council approved this Settlement Agreement. Specifically, the Waterfront
parties,who also were parties to the Settlement Agreement, requested the three Deeds as evidence that
Golden West Refining Company and the CENCO Entities have relinquished their rights to a lease and
easement agreement for a pipeline running under the subject property.
ISSUES:
l. Is it necessary for the City to accept the Deeds and then convey the Deeds to the
Redevelopment Agency.
2. Is it necessary for there to be a minute record of the Redevelopment Agency action accepting
the three Deeds?
ANSWERS:
1. No. At the time Golden West Refining Company and the CENCO Entities quitclaimed the
Deeds to the Redevelopment Agency, the Redevelopment Agency, not the City, was the
owner of the subject property and, therefore, the proper grantee of the three Deeds.
2. Yes. The Request for Council Action should request the Redevelopment Agency's
acceptance of the three Deeds, set forth the necessary background and state that the Deeds
have already been recorded.
g:ljmf12000memos\R LS00-117
CITY OWNTINGTON BEACH ` RLS No. E—
REQUEST FOR LEGAL SERVICES Assn To �F l
Gail Hutton, City Attorney Dare Z p p D
Date: Request made by: Telephone: Department: f
2/10/2000 CONNIE BROCKWAY 5404 CITY CLERK -
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED: j
❑ Ordinance ® Opinion ❑ Stop Notice
❑ Resolution ❑ Lease ❑ Bond
❑ Meeting ❑ Contract/Agreement ❑ Deed
❑ Court Appearance ❑ Insurance ® Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ❑ Yes ® No
Unless otherwise specified herein, I
If not for Council action, consent to the disclosure of the
If for City Council action, desired completion date' information contained in this RLS to
all Tf Tbers of the Cit uncil. l
Agenda Deadline
Council Meeting 2r24/00 Signature of Department Heoyi
COMMENTS: Routing:
The Quitclaim deeds (attached) were not conveyed correctly. Based upon the attached memorandums GCH ❑
relative to the Quitclaim deeds from CENCO and Golden West Refining I am requesting a legal opinon as to PDA ❑
whether it is necessary for there to be a minute record of the Redevelopment Agency action accepting the JCB ❑
quitclaim deeds. The sole minute record is that of the City Council approving the Settlement Agreement. SL ❑ i
The quitclaim deed should have been placed on the agenda to be accepted by the City with additional action WSA ❑
to have the City convey to the Agency. This is done in order to transfer City property to the Agency. In order ADL ❑ I
to really correct the problem, new quitclaim deeds should be required (from CENCO/Golden West to the City SF ❑
i
and then from the City to the Redevelopment Agency). If in your opinion this is not necessary, I believe a JM ❑
Consent Calendar Receive and File Council action should be taken setting out the chain of title so that a ❑
reference point will always be available in the Council/Agency legislative minute record. (The deed computer ❑
program will be notated; however, the computer program of the Clerk's Office is not an official record of ❑
action.) Matt Lamb, (Manager, Real Estate) has assisted the City Clerk's Office a great deal on this item and ❑
others. He has discussed this item with Deputy City Attorney Paul D'Alessandro and John Fuji. ❑
This Request for Legal Services has been assigned to attorney J O H N F U J I I 2110100
extension 5 6 2 3 His/her secretary is Joan N . , extension 5540
Notes: File Name: Date Completed:
.3 W P No.: �113 /00
{.
0 Shaded areas for City Attorney's Office use only. C �� 2/j Ole 0
City of Huntington Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: CONNIE BROCKWAY, City Clerk
FROM: MATTHEW LAMB, Real Estate Services Manager
SUBJECT: Quit Claim Deeds from CENCO, Golden West Refining
DATE: February 3, 2000
After reviewing all the documents involved in your request to determine whether the Quit
Claims were properly conveyed, the Lease and Easement Agreement ("Lease"),
commencing on December 19, 1980, seems to be the relevant instrument relating to this
issue. The Lease specifies in paragraph 13, Termination, that the Assignee shall upon
termination deliver to the City a good and sufficient Quitclaim, if requested by the City,
and shall restore said real property, etcetera. With this statement, though, two questions
arise: (1) Who is the Assignee? and (2) Is the City still the leasing entity?
(1) The original assignee or lessee was Gulf Oil. Gulf Oil, however, exercised their
assignment rights on August 1, 1983 and transferred all rights to Golden West
Refining Company. Thereafter, supposedly Golden West Refining Company
transferred their rights on or about June 1998 to CENCO Refining Company.
Since the City of Huntington Beach and the Redevelopment Agency have not
passed a resolution accepting or recognizing the transfer from Golden West to
CENCO, a Quit Claim would be required by both entities.
(2) Based upon the City of Huntington Beach's transfer to the Redevelopment
Agency on January 30, 1989 fee ownership in Parcels 024-250-73&74, the Quit
Claims dated June 1, 1999, which specifically impact those parcels, should be
directed to the Redevelopment Agency as the property owner. The City still
retains rights to those areas where the pipeline easement extends outside of
those specific parcels.
CENCO and Golden West by entering intothe Settlement Agreement ("Settlement"),
dated October 2, 1998, with the City of Huntington Beach effectuated a mutual
termination of their rights in the Lease and triggered the requirements of the Termination
paragraph. The City of Huntington Beach by resolution accepted and signed the
Settlement. Since it is the City's requirement for the assignee to provide a Quit Claim as
part of the Lease, then it reasonable that the City defacto by this requirement has granted
the authority to accept all Quit Claims relating to any and all release of rights along the
entire length of the easement. If a specific action is required by code or practice, then an
Agency action accepting the deeds and granting authority to the City Clerk to record
would be the appropriate course of action.
If I can be of any further assistance or you would like to discuss this further, please
contact me at x5445.
M Vmtl
CC: David Biggs, Economic Development Director
John Reekstin, Administrative Services Director
John Fujii, Deputy City Attorney
r
J�
' Interdepartmental Communication
HL1TLl'G76\SEACH
TO: Matt Lamb, Manager,Real Estate Division
FROM: Connie Brockway ]
City Clerk, City of Huntington Beach
DATE: January 26, 2000
SUBJECT: Quit Claim Deeds From Cenco, Golden Nest Refining Company
(Water&ontDevelopment)
I am requesting the assistance of the Real Estate Division to determine the following:
Whether the three deeds which were quit claimed to the Redevelopment Agency by
(1) Cenco, (2) Golden West Refining Company and (3) Cenco dba Creative Energy
Company are conveyed correctly.
The recordation was based on the Settlement Agreement between the City and the above
parties (and the Mayer Company). The property was conveyed directly from the parties
to the Agency, however there is not Agency minute action authorizing acceptance by the
Agency Chairman and Clerk; only the Settlement Agreement between the City and Cenco
and Golden West Refining.
(1) Should the deeds have initially been conveyed to the City with the City conveying
to the Agency and with appropriate minute action? The Public Works Department
often conveys property in this-matter. manrFR
(2) If the deeds can go directly to the Agency, should there have been Agency action
accepting the deeds?
I believe, (1) is more appropriate. If there is a chain of title missing I believe it can be
corrected after the fact through Council/Agency action. I am requesting your assistance.
I have attached pertinent documents as follows:
i. Three Quit Claim Deeds
2- Settlement Agreement
3. 10/19/98 Council Minutes Approving Settlement Agreement
4. City Attorney Memo
5. Memorandum from Jeffrey Oderman
Cbmem'deedcenco.jc
Page Two
There are additional Department memos in the file advising the City Clerk's Office that
the DDA between the Agency and Mayer is the authority to accept these deeds, however
other parties besides Mayer are involved in the property transfer.
There are memorandums from Jeffrey Oderman Attorney, regarding the deeds which I
am also attaching to convey what appeared to be the urgent need by Mr. Oderman to
convey the deeds.
CC: Gait Hutton,City Attorney
Attachment
Cbmem/deedcenco:jc