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Home My WebLink AboutAcceptance of Corporation Quitclaim Deed 5249 from Southern (2) 656. g� REQUEST FOR CITY COUNCIL ACTION August 16, 1990 Date Submitted to: norable Mayor and City Council Members APPROVED BY CITY COUNCIL Submitted by: Gail Hutton, City Attorney T l/ 9�— 19.20 Prepared by: Gail Hutton, City Attorney Subject: Acceptance of Quitclaim Deed from cTY ER" Southern Pacific Transportation Co. to Pierside Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: Issue: Whether to accept the corporation quitclaim deed from the Southern Pacific Transportation Co . for the Pierside property. Recommendation: Accept the corporation quitclaim deed from the Southern Pacific Transportation Co. for the Pierside property, and authorize the City Clerk to record the deed with the County Recorder . Analysis : As part of the settlement of Redevelopment Agency of the City of Huntington Beach v. Huntington Beach Company, the city entered into an Agreement for Deed of Gift with the Southern Pacific Transportation Co. on April 19 , 1990 . The attached deed implements the previously recorded agreement . Funding Source: Not applicable. Alternative Actions : None Attachments : Corporation Quitclaim Deed Din C/QC ,t } CONFORMED COPY Not Compared 'with Original RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CAUFORNIA WHEN RECORDED MAIL TO: SEP 191990 OFFICE OF THE CITY CLERK ea 2000 Main Street Recorder Huntington Beach, California 92648 EXEMPT C14 A.P.# 024-281-14 (This space for recorder ' s use) CORPORATION QUITCLAIM DEED / 2 4 91 SOUTHERN PACIFIC TRANSPORTATION COMPANY (hereinafter "Southern Pacific" ) a corporation, hereby REMISES, RELEASES, AND - QUITCLAIMS to the CITY OF HUNTINGTON BEACH, a California municipal corporation, the following described real property: That portion of Huntington Beach, County of •� Orange, State of California, as shown on a map = U recorded in Book 3 , Page 36 , of Miscellaneous Maps 0 in the office of the County Recorder of said < m 0 County, described as follows : c s x C � U q� PARCEL A: 1,15 z 0v Beginning at the centerline intersection of ° z m _ Pacific Coast Highway and Lake Street, shown as D Ns„, Ocean Avenue and First Street respectively, on E said mentioned map; thence along the centerline of o 0 111 Pacific Coast Highway south 48°21 ' 42" east 37 . 50 feet to the intersection with the southwesterly co 5 extension of the southeast right-of-way line of Lake Street ; thence south 41°38 ' 18" west 50 . 00 feet to the true point of beginning; thence north 48°21 ' 42" west 1, 020 . 00 feet; thence south y m 41°38 ' 18" west 200 . 00 feet; thence south 48°21 ' 42" �, P +3 4-) m o east 1020 . 00 feet; thence north 41°38 ' 18" east o 0 0 m 200 . 00 feet to the true point of beginning . " a, 0 u ti r-i +3 to da PARCEL B : "' 0 Beginning at the centerline intersection of 0 x.1 Pacific Coast Highway and Lake Street, shown as ��'• u' y;. Ocean, Avenue and First Street respectively, on t:' " " o; said mentioned map; thence along the centerline of c ', ~ Fi ` Pacific Coast Highway south 48°21 ' 42" east 37 . 50 r `' ` CO feet to the intersection with the southwesterly ,71 4 0 o extension of the southeast right-of-way line of c T (0 o Lake Street; thence south 41038 ' 18" west 50. 00 « , • m feet; thence north 48°21 ' 42" west 1, 020 . 00 feet; - 4' c-< r5 o -' o c s1 cn -1- 1 Jr iy• • • thence south 41°38 ' 18" west 200 . 00 feet to the true point of beginning; thence south 41°38 ' 18" west 250 . 00 feet; thence south 48°21 ' 42" east 175 . 00 feet; thence north 41°38 ' 18" east 250 feet; thence north 48°21 ' 42" west 175 . 00 feet to the true point of beginning . Southern Pacific expressly quitclaims all rights to surface use of the property and all rights of surface entry. Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be deemed to reserve to Southern Pacific, its successors and assigns, and interest in the surface or in any portion of said real property lying within five hundred (500) feet measured vertically downward from the surface of said real property. EXCEPTING AND RESERVING TO SOUTHERN PACIFIC, 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 be produced or extracted or taken from the sub-500 portion of said real property, which said oil, gas , asphaltum, hydrocarbons and materials shall be hereinafter collectively called the "sub-500 minerals, " and FURTHER AND EXCEPTING AND RESERVING to Southern Pacific, its successors and assigns , from the sub-500 portion of said real property 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 from the sub-500 portion of said real property and the right to exercise all of the rights and privileges necessary for such drilling, producing, extracting and taking; and B . The sole and exclusive right to use the sub-500 portion of said real property to conduct operations from time to time by methods now known or unknown while, in the opinion of Southern Pacific, 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 -2- :1l 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 Southern Pacific, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof . FURTHER EXCEPTING AND RESERVING all water rights of or related to or appurtenant to said real property including, but not limited to, all right to percolating waters , artesian waters and underground streams , but excluding the right of surface entry. This corporation quitclaim deed shall not affect, and Southern Pacific 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 the sub-500 portion of said real property. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officer(s) . • DATED: July 20 , 1990 • SOUTHERN PACIFIC TRANSPORT ON COMPANY B Y Its Vice President By /�/ c..��-e„c — / Assistant Secretary Approved as to Form GAIL HUTTON, City Attorney BY g- zs -9J � -3- Southern Transportation Company 417 South Hill Street,Suite 650 • Los Angeles,California 90013-1121 William H. Pohle, Jr. Senior General Attorney (213) 629-6374 FAX (213) 617-8169 August 7, 1990 Robert Sangster, Esq. Deputy City Attorney - City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Redevelopment Agency of the City of Huntington Beach v. Southern Pacific, et al . Dear Mr. Sangster: Enclosed herewith is the Corporation Quitclaim Deed, Request for Taxpayer Identification Number and Certification, and Nonforeign Affidavit which you are authorized to record after recording a fully executed copy of the Settlement Agreement. Please provide our office with documentation of the recordation of the Settlement Agreement and Corporation Quitclaim Deed thereafter. Very ruly yours, WILLIAM H. POHLE, JR. :dg rs3 .let Enclos . cc: Wally B. Curtis Robert L. Stacy A. 8 CITY OF HUNTINGTON BEACH c4` INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Connie Brockway From Robert Sangster City Clerk Deputy City Attorney Subject Pierside Date August 16, 1990 am"-rii4v'"_ - 91° 46''�'� As part of our agreement with Southe Pacific Transportation Co . , we have agreed to record the Agreem nt for Deed of Gift dated April 4- • 19 , 1990, prior to recording the corporation quitclaim deed . Their letter is attached. Please make sure this is done, and p1se provide me with a conformed copy aLthe recorded instruments . Thank you. 4,..r- 0, /,,/ i I,��Robert Sangster (,�Deputy City Attorney ie C... ,, .,, b :16„,,,f Attachment ✓