HomeMy WebLinkAboutCC Res 4279 1993-12-13
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RESOLUTION NUMBER ~ 79
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH APPROVING A PARTIAL
ASSIGNMENT AND AUTHORIZING THE EXECUTION
THEREOF.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The city Council hereby approves the partial
assignment to Breitburn Energy Corporation of
the right to use certain property in the city
for the purpose of installing and maintaining
a gas metering device. A copy of said partial
assignment is attached hereto as Exhibit "A" and
made a part hereof.
Section 1. The city Council hereby authorizes the City
Manager to execute said partial assignment on
behalf of the city.
and ADOPTED by the city Council Qf~he city
a meeting thereof held on the ~~- day of
, 1993 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
~hn. / ;Z:AJ-L~J
Mayor
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, city Clerk of the City of Seal Beach,
California, do hereby certify that the for~:7~resolution
is the original copy of Resolution Number on file in
the office of the city Clerk, passed, appr ve nd adopted
by the city Council ;7~he City of s~eac~t a meeting
thereof held on the ~ day of ~6h ~ ,1993.
Resolution Number ~e?j1~
RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
BreitBurn Energy corporation
3415 South Sepulveda Boulevard
Suite 330
Los Angeles, CA 90034
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PARTIAL ASSIGNMENT
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THIS PARTIAL ASSIGNMENT (this "Partial Assignment") is
made this 1\"(... day of \:)fcf...ql'l1. , 1993, by and between the city of
Seal Beach, California ("city"), a municipal corporation, and
BreitBurn Energy corporation ("Assignee"), a California
corporation.
WHEREAS, the United States of America, acting by and
through the Department of the Navy, under a document entitled GRANT
OF EASEMENT FOR OIL DRILLING PURPOSES ("Navy Easement") dated
September 12, 1957, and recorded on September 2, 1958, as
Instrument No. 108325, in Book 4403, pages 367-375, Official
Records, Orange County, California, granted to the city of Seal
Beach, among other things, an easement for the purpose of exploring
for oil and extracting the same, covering certain real property
located in the City of Seal Beach, County of Orange, State Of
California, at the southeast corner of Seal Beach Boulevard and
Bolsa Avenue, and more particularly described in Exhibit "A"
attached hereto and made a part hereof (the "Property");
WHEREAS, the United States of America, acting by and
through the Department of the Navy, under a document entitled
AMENDMENT OF EASEMENT, dated November 3, 1993, amended such Navy I
Easement to permit the installation and maintenance of a gas
metering device on the Property ("Easement Amendment") (a copy of
the Easement Amendment is attached hereto as Exhibit "B" and made a
part hereof);
WHEREAS, City desires to assign to Assignee the right
to install and maintain a gas metering device on the Property, to
the extent such right was granted the City under the Easement
Amendment;
NOW, THEREFORE, city hereby assigns the right to
install and maintain a gas metering device on the property to
Assignee subject to the terms and conditions hereinafter set forth.
1. City hereby assigns to Assignee any and all of the
right, title and interest which it may have to install and maintain
a gas metering device on the Property, to the extent such right,
title and interest were granted to the city in the Easement
Amendment. This Partial Assignment is subject to whatever rights,
interests, or privileges others may have in the use and occupation
of the property.
2. Assignee agrees to release, hold harmless,
indemnify and defend (with counsel approved by the City) City, its I
officers, agents and employees from and against all liability,
cost, damage and expense (inClUding, without limitation, actual
attorney's fees in addition to costs of suit and judgment) for loss
of or damage to any property or loss of the use thereof or for
injury to or death of any person when arising or resulting from the
use of the rights granted by this Partial Assignment by Assignee,
its officers, agents, employees or any third party (other than an
officer, agent, employee or invitee of city), or arising or
resulting from any discharge, leakage, spillage, emission, or
pollution of any type ("Contamination") occurring upon or from the
Property, which contamination may reasonably be related to
Assignee's use or occupancy of the property.
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Resolution Number ~~5f
3. Assignee agrees to maintain in full force and
effect comprehensive general liability'insurance with limits of not
less than $2,000,000 for personal injury to anyone person,
$2,000,000 for injuries arising out of anyone occurrence, and
$500,000 for property damages or a combined single limit of
$2,000,000. Such insurance shall indemnify the city from all
liability from loss, damage, or injury to persons or property
arising from or related to Assignee's performance under this
Assignment.
Such insurance shall be primary to any other similar
insurance and shall name the City of Seal Beach, its officers,
agents and employees as additional insureds. The insurance policy
shall contain a provision that prohibits cancellation,
modification, or lapse without thirty (30) days' prior written
notice to the city. Such insurance policy shall include a
severability of interests clause sUbstantially similar to the
following: "The insurance afforded by this policy applies
separately to each insured against whom a claim or suit is made or
suit is brought, except with respect to the limit of the insurer's
liability."
Procurement of insurance by Assignee shall not be
construed as a limitation of Assignee's liability or as full
performance of Assignee's duties to indemnify, hold harmless, and
defend under this Assignment.
4. Neither party's failure to enforce or exercise its
rights under any term, condition or covenant of this Partial
Assignment shall be construed as a waiver of such rights as to such
term, condition or covenant.
5. If either party takes any steps or brings an
action to compel performance of, or to recover for breach of, any
term of this Agreement, the losing party shall pay actual
attorney's fees of the prevailing party, in addition to the amount
of judgment and costs.
6. If any term, covenant or provision of this partial
Assignment is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the Partial
Assignment shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
7. This partial Assignment is not intended to in any
way alter, modify or interpret the existing legal relationships
between the City, Navy and any existing holder of rights in the
Property. It is intended solely to grant to Assignee the City'S
rights, title and interest in the installation and maintenance of a
gas metering device on the Property, to the extent such right was
granted to the City in the Easement Amendment, and not to grant to
Assignee any rights, title or interest in the Navy Easement.
8. The city and Assignee acknowledge that the
Easement Amendment has not been previously recorded. Assignee
hereby forever releases city from any claims or liability arising
from the fact that the Easement Amendment has not been previously
recorded.
9. Each party represents and warrants that it has the
authority to execute this Partial Assignment and consummate the
transactions contemplated by this Partial Assignment.
10. Assignee'S covenants and obligations under this
Partial Assignment shall run with the land and shall be binding
upon Assignee's'successors and assigns.
Resolution Number .,j.;l19
IN WITNESS WHEREOF, the parties hereto have executed
this Partial AssignMent as of the day and year first herein
written.
"CITY"
CITY OF SEAL BEACH,
a Municipal corporation
By: MA", ~laL.
t/ Je~y Bankston,
Ci y Manager
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"ASSIGNEE"
BREITBURN ENERGY CORPORATION
a California corporation
By:
~wtJ
Hal Washburn,
President
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of CAL!A:lR,"',A } - OPTIONAL SECTION-
County of_Los. ~(,ete!> CAPACITY CLAIMED BY SIGNER
Though statute does not r&qU1f8 1I1e NOIary to .
fill In the data below, dOing so may prove
llMlluabIe to persons relying on 1I1e document.
On Vecc...l3n't,I)?J before me~.lollh :l,s~1I f<.&o\1=O.....Ja!f lJoTlltl~ \'-.llSLlt , D INDIVIDUAL
DATE NAME, TITLE OF OFFICER. E G . .JA~E DOE, NOTAA PUBLIC. EJ.cORPORATE OFFICER(1l
personally appeared \-\....L WA.SI\ Ru/lIV . ?RE'i.,)DJ"T
NAME(S) OF SIGNER(S) TITLE'"
~ersonally known to me . OR - D proved to me on the basis of satisfactory evidence D PARTNER(S) D LIMiTED
to be the person(Sl whose namel&l isllll'Q D GENERAL
subscribed to the within instrument and ac. D ATTORNEY.iN-FACT
knowledged to me that hel_ltl:$y executed D TRUSTEE(S)
the same in his/lMfltjleir authorized D GUARDiANICONSERVATOR
, @" ,~,-- capacity~, and that by his/l1lJr/tll:W1r D OTHER'
. . ....,'" . €i..SAZ.DECtCB. signature(., on the instrument the person(lIl.
.......~
,.; : ::'.NGELESCOUN'N or the entity upon behalf of which the
, My Corn/Il. EqIinIs 01:1 GIS.'. person(jlQ acted, executed the instrument.
SIGNER IS REPRESENTING:
WITNESS my hand and OffiCi~ NAME OF PERSONIS) OR ENTlTYIIES)
~ ~~-m itM- Blfnrg..wE",a"r G.otA>IA1'IOoV I
SIGNATURE OF NOTARY
THIS CERTIFICATE MUST BE ATTACHED TO OPTIONAL SECTI~ AS'5.IG..:JMrorr
TITLE OR TYPE OF DOCUMENT "~"I"'1..
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES -A - DATEOFDOCUMENT'DEcl!",mr,c ~ I7cr3
Though \lie data requoo\ed here Is not requITed by taw, ,
it could prevent fraudulent reattachment 01 thiS form. SIGNER(1Il OTHER THAN NAMED ABOVE '3 ......~ ~N~'T1l'4, r I '1:y A"NA~-
No 5193
O,g92 NATIONAL NOTARV ASSOCIATiON. 9238 Remmol Ave, po, Box 7184 . Conoga Paol<, CA 91309-7184
Resolution Number ~ 7tf
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
ND 5183
State 0
- OPTIONAL SECTION-
CAPACITY CLAIMED BY SIGNER
Though SIB'''' _ noll8ClUire thO NOI8ry to
fill In the data below, doing so may prove
InvaI~bI.1O persons relying on the document
o INDIVIDUAL
o CORPORATE OFFICER(S)
County of
on/-7-91
DATE
SIGNATU
TlnE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANICO E ATOR
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UBEgfAD R. 60NlAlES 1
comm,1979919 <
IIOYAllY puBUQ. t.IIlfCIINIA :II
OrqI\lOlIIlIY _..
My camn.1lQlIr1l D...I. b..
N 51
R - 0 prav 0 e on the basis of satisfactory evidence
to be the person~whose name~ is/_
subscribed to the within instrument and ac-
knowledged to me that he1al:le!tllllY executed
the same in his(Rllutl:lllir authorized
capacitylJ."7. and that by his/llllr'tl:leir
signaturelaron the instrument the person~
or the entity upon behalf of which the
persolJ.{etacted, executed the instrument.
Though the dais requested here Is not required by law.
It could prevent fraudulent reattachment of th&l form.
OPTIONA SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES'"'"':'" 9- OATEOF DOCUMENT ~~
SIGNER(S) OTHER THAN NAMED ABovr: JI..I .P ./~u~, ~ ~
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
01992 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Avo.. P.O,1lox 7184' Canoga Pari<. CA 91309-7184
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Exhibit "A"
Leaal De~critltion of the "prooertv"
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Beginning at the point of intersection of the Southeasterly line
of Seal Beach Boulevard (80 feet wide, as shown on county
Surveyors Road Map No. 18 on file in the office of the County
Surveyor of said orange County); and the southerly line of Bolsa
Avenue (80 feet wide; as described in Book 560 at Page 166 of
Official Records of Orange County); thence Easterly along the
Southerly line of said Bolsa Avenue, a distance of 150 feet;
thence Southwesterly along a line paralle~ to the Southeasterly
line of Seal Beach Boulevard, a distance of 110 feet; thence
Westerly along a line parallel to the southerly line of Bolsa
Avenue, a distance of 150 feet; thence Northeasterly along the
Southeasterly line of Seal Beach Boulevard, a distance of 110
feet to the point of beginning, containing 14,700 square feet;
all in Section 13, Township 5 South, Range 12 West, S.B.B.& M.,
Orange County, California.
Resolution Number LIp? 7 r
Recording Requested by
and when recorded return to:
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attention: city Clerk
Exempt from recording fees
pursuant to Government Code Section 6103
I.
AMENDMENT OF EASEMENT
THIS AMENDMENT OF EASEMENT (this "Amendment") is made
and entered into as of the g ~ day of 'N#,,,,,,I,,e..,. 1993, by the
UNITED STATES OF AMERICA, acting by and through the Department of
the Navy, hereinafter called the "Government," and the city of Seal
Beach, a municipal corporation, hereinafter called "Grantee."
Recitals
A. By that certain "Grant of Easement" dated september 12,
1957, and recorded on September 2, 1958, as Instrument No. 108325,
in book 4403, pages 367-375, Official Records, Orange County,
California, the Government granted to Grantee an Easement for oil
drilling purposes, among other things.
B. The parties hereto wish to modify and amend such Grant
of Easement.
NOW, THEREFORE, the parties hereto agree as follows:
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1. The Grantee, and its assigns, shall have the right
to install and operate a gas metering device on the Premises.
2. The metering device will not remain on the
Premises beyond the termination of the Grantee's rights under this
Grant of Easement.
3. Except as provided herein, the terms of the Grant
of Easement shall remain as originally written.
IN WITNESS WHEREOF, the parties have entered into this
Amendment as of the q day of 1/{)tJ~Ad3E.,e. , 19:L2.
UNITED STATES OF AMERICA
nOBERT R. TALLEY
Real Estate Contracting OffIcer
,; "...... ~~-<
By: L.:!-{...--(YZ, I c.'_( toO -.
f
~N Commanding Officer
l'~ Southwest Division Naval
Engineering Command
United States Department
Facilities
of the Navy
Accepted and Agreed:
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CITY OF SEAL BEACH
BY:~~~~ 8~/L
Jerry Bankston
City Manager
City of Seal Beach
Attest:
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Resolution Number ~:l19
State of Cali~prnia
county
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personally known to me (.Dr IlE'6Vea to 11I(: 01. ll.", );,,,,,,';'05 of
satisfaeeoLY ",.iaeRee) to be the person(s) whose name isfaPe
subscribed to the within instrument and acknowledge to me that
he/~~e/tkey executed the same in his/k8r/~heir authorized
capacity (ies), and that by his/asr/tkeir 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 official seal.
lh /-/..?1 ~ ,,-,
Sign:"~~.d"'A?~'JP' y ') ~k"e...--'
(seal)
}.-.-.A...-..............____....__
~.'.." L1BERIAD R. GONZALES ~
l> _. . Comm, . 979919 <:
:> : NaTAllY PUllIJC. CAUFOIlNlA <:
Q, Chna' Cllv.(y JI
I ..' '*teom.1I E,xpres Dtc. 3. 1996 ....
r-----________l
State of California
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county of
On
,19 ,before me
, a Notary PUblic, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name is/are
subscribed to the within instrument and acknowledge to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their 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 official seal.
Signature .........J-/I..J'l4c!-'o /f ~~
(seal)
Resolution Number ~~J177
~""",,,,~,,,*,.,,,=,,,,,,;:&,-,;;-~*,'''~'S':; .~~I,
_ OPTIONAL SECTION - ~
CAPACITY CLAIMED BY SIGNER ~
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
'''-::=~-''';'~''"S~~-:~ ": ~...oc;.':;C"1-:'::~-....;ss-.;.s.~"'::s::.~,;-:;~~~~:>.:l.. -:- =
State of {;.4t. / k-,.:: lv' " t'f
County of .$"1'\... .
On {/- Cf - lj.. 3
DATE
'1.)/ e f~ Co'
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beforeme.11:r<.(<:"":' L, I<-lo,etc- \~_'",{If'::-/ ~,f{~~, ':.
NAME. TITLE OF OFFICER e G. ~JANE DOE. NOTARY'PUBlIC.
personally appeared ( t f;'r=- t.:.. T
J. '.
'i;, u c ~
NA.MEIS) OF SIGN \Pn
o personally known to me .. OR .l3.proved to me on the basis of satisfactory evidence
to be the person(Sj whose name~ is/are
subscribed to the within instrument and ac-
knowledged to me that he/sheltfley executed
the same in his/herftlle1rauthollzed
capacity('1St'. and that by his/Ae-tfttreTT
signature~ on the instrument the personfsj';
or the entity upon behalf of which the
person(s) acted. executed the instrument.
@ OFFIClALNOTARYSEAl
~ FRANCES l KLOACK
. -.' . Notary ?ubhc - California
. '. . SAN DIEGO COUNTY
~ My c...... Exp,.. NOV lI,t9SS
WITNESS my hand and official seal.
/~ ~
--:.- ~,t-(. tt~-.' ~ t:l<:~C.
SIGNATURE NOTARY
Though statute does nOl requIte the Notary 10
flU In the data b4!:low. dOing so may prove
Invalu&lb\e \0 pef5On$ relymg on the ooeumem
o INDIVIDUAL
o CORPORATE OFFICERISI
.':
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TITLEISI
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY.IN.FACT
o TRUSTEE(SI
o GUARDIAN/CONSERVATOR
o OTHER'
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SIGNER IS REPRESENTING:
NAME OF PERSONIS' OR ENTIlY(IESI
THIS CER1IFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
>:
Though the Gata requested tlere IS not required 'Dy law. :~
It could prevenl traudulenl reanaehment ollhlS larm SIGNEA(S) OTHER THAN NAMED ABOVE :11
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01993 NATIONAL NOTARY ASSOCIATION. 8236 Remme! Ave. POBox 7184' Canoga Park. CA 91309-7184
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