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Home My WebLink AboutCC Res 1002 1958-08-19 12 13 I 14 J 15 -- .. .~h3 16 IlI:i.u ' !~pJ 17 !~.!~ ~= 18 =1 Jl 19 20 21 22 23 24 25 26 27 .' 1 I , T .' 1 2 3 RESOLUTION NO. J OOJ- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION No. 997. 4 5 The City Council of the City of Seal Beach does hereby 5 resolve as follows: 7 8 WHEREAS, the City Councll of the City of Seal Beach on 9 the 1st day of July, 1958" adopted Resolution No. 997, which said 10 Resolut1on proVides as follows: 11 "RESOLUTION NO. 997 "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A CERl'AIN EASEMENr AGREEMENr BETWEEN SIGNAL OIL AND GAS COMPANY AND THE HELI.MAN HEIRS; REIBASING THE HELI.MAN HEIRS FROM CERl'AIN DAMAGE CLAIMS IN EXCHANGE FOR A QUITCLAIM DEED 28 29 30 31 32 "The City Council of the City ot Seal Beach does hereby resolve as tollows: "SECTION 1: The City ot Seal Beach does hereby approve a certain Easement Agreement and assignment dated June 23, 1958" between Signal 011 and Gas Com- pany and Clara HeIlman Heller, Florence Hellman Ehr- man, Edward HeIlman Heller, Wells Fargo Bank" I. W. Hellman, Frederick J. Hellman" Marco F. Hellman" Lloyd W. D1nkelsp1e1" and Lloyd W. D1nkelsp1e1 and Wells Fargo Bank, Trustees under the Last W11l and Testament ot Florence H. D1nkelsp1el, deceased, con- ditioned upon any rental paid thereunder by S1gnal 011 and Gas Company being paid solely trom such amounts as S1gnal 011 and Gas Company is to receive under its lease with the City of Seal Beach dated August 7, 1956, and further that the amount of compensation to the Resolution Number' 0- 1 I 2 3 I 4' 5 6 7 8 9 10 11 12 13 I 14 f 15 .. ~ 'Ia):~ 16 f!~jJ 17 u3~ ~= 18 =J 19 20 21 22 23 24 25 26 1 27 28 29 30 31 32 City under said lease is not to be varied or changed in any manner by virtue or the roregoing Easement Agreement. "SECTION 2: In exchange ror a quitclaim deed to be executed by Clara HeIlman Heller, Florence Hellman Ehrman, Edward Hellman Heller, Wells Fargo Bank. I. W. Hellman, Frederick J. Hellman. Marco F. Hellman. Lloyd W. Dinkelspiel, and Lloyd W. Dinkel- spiel and Wells Fargo Bank, Trustees under the Last Will and Testament or Florence H. Dinkelspiel. in ravor or the City or Seal Beach as to that certain 4.6 acres. which is the subject or an action entitled 'Clara Hellman Heller, et al., vs City or Seal Beach. etc.. Case No. 73451, and a stipulation signed by the attorneys or record ror the parties in said case that the demurrer or the derendant City or Seal Beach be sustained without leave to amend, the City does hereby fully release and rorever discharge Clara Hell- man Heller. Florence Hellman Ehrman. Edward Hellman Heller, Wells Fargo Bank, I. W. Hellman. Frederick J. Hellman. Marco F. Hellman. Lloyd W. Dinkelspiel and Lloyd W. Dinkelspiel and Wells Fargo Bank, Trustees under the Last Will and Testament or Florence H. Dinkelspiel, deceased, their successors and assigns and all other persons, rirms or corporations who are or might be liable ror any claims, demands. actions or causes or actions on account or the certain tres- pass by the operation or a certain oil well commonly known as the Hellman Well No. 39, located immediately to the west or the U.S. Naval Ammunition and Net Depot, consisting or the present borehole or said Well No. 39, through a Northeast corner or the certain 4.6 acres - 2 - . .... . 1 :1 2 3 4 5 6 7 8 9 10 11 12 13 -I 14 I 15 , ,. '"J ~ 'lI~ :t= 16 Hiij 17 z..! ~= 18 =j 19 20 21 22 23 24 25 26 I 27 28 29 30 31 32 Resolution Number . ".. > within the U.S. Naval Ammun1tion and Net Depot belonging to the City of Seal Beach; this release does not include any claim of the City of Seal Beach by' virtue of the removal of any 011, gas or other ~drocarbon substances from the sub- surface of said 4.6 acres; insofar as it may be legal to do so, the 'City does hereby assign to the HeIlman Heirs an easement, license and privilege to continue to maintain the present borehole of the present Well No. 39 through the Northeast corner ot said 4.6 acres, as said borehole presently exists. "This section ot this Resolution is conditioned upon the execution ot the aforesaid stipulation and receipt by' the City ot the atoresaid quitclaim deed, such deed to be approved by' the City Attorney. "This Section of this Resolution is further conditioned upon receipt by' the City ot a map showing a well survey as to said Well No. 39. "SECTION 3: The City Clerk shall certi1"y to the passage and adoption of this Resolution and shall fur- nish tour copies thereof to the City Attorney tor deli very to Signal 011 and Gas Company and the Hellman Heire. "PASSED, APPROVED AND ADOPI'ED at a regular meeting ot the City Council ot the City ot Seal Beach held on the 1st day ot July, 1958 HARRY ROSS MAYOR OF THE CITY OF SEAL BEACH ATTEST: F. W. HICKMAN CITY CIERK II - 3 - 6 7 8 9 10 11 l2 13 I 14 f 15 and Iii) - 'Ioi:l:l16 I WHEREAS, it has become necessary to amend said Resolution; UtH 17 NOW, THEREFORE, the City Council of the City of Seal Beach .3~..!; ~= 18 does hereby resolve as follows: 0: j 19 That Section 2 of the above Resolution be amended to read I I .. . I, I . . Resolution Number ~ . 1 2 3 "STATE OF CALIFORNIA ~ COUNrY OF ORANGE CITY OF SEAL BEACH SS 4 5 "I, F. W. HICKMAN, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council, do hereby certHy to the passage of the foregoing Resolu- tion at a regular meeting thereof held on the 1st day of July, 1958 by the following vote: "AYES Councilmen Flanagan, Jones, Leonard, Tancre, ROBS "NOES Councilmen None " ABSENr Councilmen None F. W'- HICKMAN CJ.'.L'X CLERK: .. 20 as follows: 21 22 SECTION 2: In exchange for a quitclaim deed to be exe- 23 cutEld by Clara Hellman Heller, Florence Hellman Ehrman, Edward 24 HeIlman Heller, Wells Fargo Bank, I. W. Hellman, Frederick J. 25 HeIlman, Marco F. Hellman, IJ.oyd W. Dinkelspiel, and IJ.oyd W. 26 27 28 29 30 31 32 Dinkelspiel and Wells Fargo Bank, Trustees under the Last Will and Testament of Florence H. Dinkelspiel, in favor of the City of Seal Beach &s to that certain 4.6 acres, which is the subject of an action entitled "Clara Hellman Heller, et al., vs. City of Seal Beach, etc.,lI Case No. 73451, and a stipulation signed by the attorneys of record for the parties in said case that the demurrer of the defendant City of Seal Beach be sustained without - 4 - ,~ .. " 1 I 2 3 4 5 6 7 8 9 10 11 12 13 I 14 f 15 'I~1:!:5 16 f!t'} 17 z..! z!l 18 <l~ =J 19 20 21 22 23 24 25 26 I 27 28 29 30 31 32 i, Resolution Number' r . leave to amend, the City does hereby' tully release and torever discharge Clara Hellman Heller, Florence Hellman Ehman, Edward. Hellman Heller, Wells Fargo Bank, I. W. Hellman, Frederick J. Hellman, Marco F. Hellman, Lloyd W. Dinkelspiel.. and Lloyd W. Dinkelspiel and Wells Fargo Bank, Trustees under the Last Will and Testament ot Florence H. Dinke1spiel, deceased, their succes- sors and assigns and all other persons, tirms, or corporations who are or might be liable tor ~ claima, demands, actions, or causes ot actions on account ot the possible trespass by the operation ot a certain oil wel1 commonly known as the HeIlman We11 No. 39, located immediately to the west ot the U. S. Naval Ammunition and Net Depot.. consisting ot the present borehole ot said Well No. 39, insotar as the same ~ pass through the north- east corner ot the certain 4.6 acres belonging to the City ot Seal Beach and lying within the U. S. Naval Ammunition and. Net Depot. This release does not include ~ claim ot the City ot Seal Beach by virtue ot the removal ot ~ oil, gas or other hydro carbon substances trom the subsurtace ot said 4.6 acres by entry into the borehole trom the outside ot ~ portion thereot which ~ trespass through said 4.6 acres, but does include that portion ot the borehole which does not trespass through said 4.6 acres. Insotar as it may be legal to do so, the City does hereby assign to the Hellman heirs an easement.. license and privilege to con- , tinue to maintain the borehole ot said Well No. 39 through the northeast corner ot said 4.6 acres as said borehole presently exists with the express understanding that where the borehole may trespass or does trespass through said 4.6 acres that said bore- hole is blanked out and does not produce ~ oil, gas or other hydrocarbon substances directly trom the said 4.6 acres. This Section ot this Resolution is conditioned upon the execution ot the atoresaid stipulation and receipt by the City ot the atoresaid quitclaim deed.. such deed to be approved by the - 5 - .. . < . Resolution Number- . " . .' . 1 City Attorney. 2 This Section of this Resolution is further conditioned ;3 upon receipt by the City of a map showing a well survey as to 4, said Well No. 39. 5 1 6 7 8 9 10 11 12 13 I 141 f 15 jilj~~ 16 I !~i h 7 I j~..!~ ~~ 18 =J 19 SECTION 3: The City Clene shall certify to the passage and adoption of this Resolution amending Resolution No. 997 and shall furnish four copies thereof to the City Attorney f'or de- livery to Signal Oil and Gas Company and the Hellman heirs. PASSED I APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Seal Beach held on the ~~~ day of , 1958. ~ ~.a1""h ATTEST: ~~-rh~;'- . City e 20 21 22 23 24 25 26 I. 27 28 29 30 31 32 - 6 -