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HomeMy WebLinkAboutRES NO 108-85RESOLUTION NO. 108-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ACCEPTING SUPPLEMENTAL GRANT DEED FOR CANAL PROPERTY FROM TENNECO WEST, INC., AND AUTHORIZING AND APPROVING QUITCLAIM OF CANAL PROPERTY FROM CITY TO KERN DELTA WATER DISTRICT RELATIVE TO RIGHT OF WAY FOR THE KERN ISLAND CANAL. WHEREAS, due to an oversight, the 1976 conveyances from Tenneco West, Inc., to the City of Bakersfield, and hence to the Kern Delta Water District in 1978, did not include all rights of way for the Kern Island Canal through Section 31, Township 29 South, Range 28 East, M.D.M.; and WHEREAS, Tenneco West has tendered to the City of Bakersfield a Supple- mental Grant Deed for Canal Property on land held by Tenneco West in fee (here- inafter referred to as the "Grant"), which Grant is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, it is in the best interest of the parties and in furtherance of their mutual intent as reflected in the 1976 and 1978 conveyances that the City of Bakersfield accept such Grant from Tenneco West and convey such interest to the Kern Delta Water District. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the aforementioned Grant is hereby accepted by the City of Bakersfield, that the conveyance of the interest in real property thereby represented to the Kern Delta Water District is hereby approved, and the Mayor and City Clerk are authorized to execute a Certificate of Acceptance and such documents as may be necessary or appropriate to effectuate such transfers. ......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 24th day of July , 1985 by the following vote: CITY CLERK and ~x Officio Clerk of the Council of the City of Bakersfield APPROVED this ~4th day of July , 1985 MAYOR of the City of Bakersfield APPROVED as to form: IT~ AT~T~NEY o th~ C~F~akersField RECORDING REQUESTED BY 4feet ,ddress AND WHEN RECORDED MAIL TO MAIL TAX STATEMENTS TO SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENT&RYTRANSFERTAX$ COMPUTEDON FULL VALUE OF PROPERTY CONVEYED, OR COMPUTE{)ON FULLVALUE LESS LIEHSAND ENCUMBRAHCES REMAINING AT TIME OF SALE QUITCLAIM DEED (Escrow No ............. ) By this .istrument dattd Apr ± 1 24 , 1985 ........ , for a valuable consideration, The City of Bakersfie]d, a Hunicipal Corporation hereby remise, release ant{ forever quht [aim to Kern Delta ~'ater District Bakersfield COUNTY OF KERN t ss gel: EXHIBIT "A" ONthis 26th __clayof_ JU~y_ .... intheyear 1985 ,beforeme Carol Williams_ personally appe~r. ed Thomas--~P a~'~-, ~ersonally ~pw. to m, (or prove~ to me on the ~asl~ of satJsfacto~ eviden~i andacknowledgedtomet~atthe l~y OI [~RKersIleld 0~,~alseal' Carol Williams -': C~ty 6t Bakersfield 5 qTArF OF CALIFORNIA I On , 19 ..... befoicme, the undersigned, aNotary Public in and for said 5 l' SS Cnunty and St.itc, pers,mallp appeared ,-~ COLTNTY OF known to me to be the MAIL TAX STATEMENTS AS DIRECTED ABOVE RECOROJNG REQUESTED BY k~cording requested by and for the ¼enefit of ~he City of Bakersfield. MAIL TO, CITY'CLERK'S OFFICE Cll'Y HALL 150'1 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 ,kqsessor's P~rcel No. 9-403-10 -1 SPACE ABOVE THIS UNE FOR RECORDER'S USE.. SUPPLEHENTAL GRANT DEED TENNECO WEST, INC., a Delaware corporation, hereinafter called "Grantor", hereby GRANTS to the CITY OF BAKERSFIELD, a municipal corporation, "Grantee" herein, all that certain real property in the City of Bakersfield, Kern County, Califor- nia, described in Exhibit A attached hereto and made a part hereof. EXCEPTING AND RESERVING to Grantor, its successors and assigns for- eYer: All oil, gas and other hydrocarbons and all other minerals of whatever kind or character, (all herein collectively called "miner- als"), whether now known to exist or hereafter discovered (it being intended that the word "minerals" as used herein shall be defined in the broadest sense of the word and shall include, but not be limited to oil, gas, other hydrocarbons, and all other mineral substances and products, both metallic and nonmetallic, solid, liquid or gaseous), which are upon, in, under or may be produced from said real property; all salt water which is in, under or may be produced from said real property; the exclusive right, by whatever methods now or hereafter known, as Grantor or its successors or assigns may deem advisable, to prospect for, investigate for', explore for, drill for, produce, mine, extract, remove and reduce to possession and ownership, all such min- erals and salt water which are upon, in, under or may be produced from said real property; the exclusive right to drill into and through said real property to explore for and thereaf%er produce and extract miner- als which may be produced from adjacent real property; the right to lay, construct, erect and place upon and in said real property, and use, maintain and operate thereon and thereafter remove, all build- ings, tanks, pressure plants and other machinery, fixtures and equip- ment, pipelines, telephone lines, electric power lines, road, power houses and other structures and facilities as Grantor or its succes- sors or assigns may deem advisable, for the exercise and enjoyment of the rights herein excepted and reserved; the exclusive right to treat, process (but not refine), store upon and remove from said real prop- erty such minerals and salt water~'the exclusive right to produce and extract such minerals by repressuring the subsurface sands and strata with ~uids or gases, or by such other method or methods as Grantor or its successors or assigns may deem advisable, and to inject in and store and thereafter remove such fluids and gases, whether or not indigenous to said real property; the right at all times, without charge to investigate for. explore for, drill for, produce, remove and reduce to possession and ownership, those quantities of fresh water from aquifers underlying said real property deemed necessary by Gran- tor or its successors or assigns to use in prospecting, exploring, drilling, mining, producing, extracting and removing, (including, but not limited to, use in unit operations, waterflood, thermal, or other secondary recovery methods now or hereafter known), or other opera- tions in connection with the full enjoyment and exercise of the rights herein excepted and reserved; the right to exercise all rights herein excepted and reserved and any and all other rights upon said real property as Grantor or its successors or assigns deems necessary, incidental to or convenient, whether alone or co-jointly with neigh- boring lands, in exploring for, producing and extracting the minerals and salt water herein excepted and reserved; and the unlimited and unrestricted right of access to said minerals and salt water for all purposes, provided, however, that unless the consent of the surface owner is first obtained, Grantor, its successors and assigns, shall not enter upon the surface or in or through the upper five hundred (500):.(eet of the subsurface in the exercise of the rights excepted and reserved herein. The lands described in said Exhibit A were intended to have been conveyed by that certain Grant Deed between the parties, recorded December 30, 1976 in the Office of the Urn County Recorder in Book 4999 of Official Records, at page 418; however, they were inadvertently omitted. The purpose of this Supplemen- tary Grant Deed is to carry out the agreement of the parties to vest title in said lands the same as if they had originally been conveyed to Grantee in the aforesaid Grant Deed. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of this 22nd day of August, 1984. THIS GRANT DEED IS GIVEN TO REPLACE AN IDENTICAL GRANT DEED DATED AUGUST 22, 1984, WHICH WAS LOST BEFORE RECORDING. TENNECO WEST, INC. By ~-~/ Se n~x~r Vi ce,~:esident and b/ ~Assistant Secretary STATE OF CALIFORNIA) COUNTY OF KERN ) On June 25, 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared MELVIN JANS and WAYNE E. BROC~IE, X personally known to me; or proved to me on the basis of satisfactory evidence to bede persons who executed the within instrument as Senior Vice President and Assistant Secretary, on behalf of TENNECO WEST, INC., the corporation there- in named, and acknowledged to me that s'uch corporation executed it pursuant to its by-laws or a resolution of its board of directors. XlTNESS my hand and official seal . CERTIFICATE OF ACCEPTANCE TtIIS IS TO CERTIFY that the interest in rea~ property conveyed by the deed or grant dated . _. June 25, 1985 from Tenneco Realty Der. Corporation to City of Bakersfield, a political corporation and/or governmental agency is hereby accepted by order of the Council of the City of Bakersfield on July 24, 1985 , and the grantee consents to recordation thereof by its duly DATED July 26, 1985 authorized officer, MAYOR of the City of Bake~field, California That portion of Block 3 of Unien Addition to Bakersfield, in the City of Bakersfield, County of Kern, State of California, as per map recorded April 19, 1904 in the Office of the County Recorder of said County, lying East of the East line of the Following described parcel of land: Beginning at a point on the South line of Lot 1 in said Block 3, which said point of beginning lies 410 feet easterly froln the southwest corner of said Block 3; thence Easterly 60 feet along the South line of Block 3; thence Northerly 108.S2 feet, more or less, along a line parallel to and distant 470 feet, Easterly at right angles from the west line of Block 3, to a point in the North line of Block 3, thence Westerly 60 feet, more or less, along the North line of Block 3 to the point of intersection of said North line of said Block with a line drawn parallel with and 410 feet East of the West line of said Block; thence Southerly and parallel with the West line of said Block 108.67 feet, more or less, to the point of beginning. EXlll BIT "A"