HomeMy WebLinkAboutRES NO 63-84RESOLUTION NO. 6~-84
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ACCEPTING SUPPLES~NTAL GRANT
DEED FOR CANAL PROPERTY FROM TENNECO WEST,
INC., AND AUTHORIZING AND APPROVING QUITCLAIM
OF CANAL PROPERTY FROM CITY TO NORTH KERN
WATER STORAGE DISTRICT RELATIVE TO RIGHT OF
WAY FOR THE BEARDSLEY CANAL.
WHEREAS, do to an oversight, the 1976 conveyances from
Tenneco West, Inc., to the City of Bakersfield, and hence to the
North Kern Water Storage District in 1978, did not include all
rights of way for the Beardsley Canal through Section 7, Township
29 South, Range 28 East, M.D.M.; and
WHEREAS, Tenneco West has tendered to the City of
Bakersfield a Supplemental Grant Deed for Canal Property on land
held by Tenneco West in fee (hereinafter 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 North
Kern Water Storage 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 North Kern
Water Storage 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.
.......... 000 ..........
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 1st day of Auqust , 1984,
by the following vote:
AYES: COUNCILMEN. BA'JON, CHILDS, CHRISTENSEN, ;,~-.C,K,:, PAYNE,RR, JT¥, ROCKOFF
N O__L%._C. _O._U_N_ .C., ? _~: ~ ~ ~"~ ~g.~
ABSSb~T: COUNCILMEN: ~ ~
~S[,A~N ffqO: COUNCILMEN: ~
CITY'CLErK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED )this 1st day of August
MAYOR ~ {he Cit~of Bakersfield
, 1984
APPROVED as to form:
CITY ATTOR~ of the City o Bakersfield
AJS:mro
7- 20-84
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RECORDING R£QUBSTED BY
_l
SPACE ABOVE THIS lINE FOR RECORDER'5 USE
SUPPLEMENTAL
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 unincorporated area of Kern County, California, described in Exhibit
A attached hereto and made a part hereof.
EXCEPTING AND RESERVING to Grantor, its successors and assigns forever: All
oil, gas and other hydrocarbons and all other minerals of whatever kind or
character, (all herein collectively called "minerals"), 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 minerals 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 thereafter
produce and extract minerals 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 buildings,
tanks, pressure plants and other machinery, fixtures and equipment, pipelines,
telephone lines, electric power lines, road, power houses and other structures
and facilities as Grantor or its successors 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 property such minerals and salt water; the exclusive right to produce
and extract such minerals by repressuring the subsurface sands and strata with
fluids 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 Grantor 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 operations 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 neighboring 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 ob-
tained, Grantor, its successors and assigns, shall not enter upon the surface
or in or through the upper five hundred (500) feet of the subsurface in the
exercise of the rights excepted and reserved herein.
The lmnrl~ H~srrihed in said ~,H~h~, A ..... i
Grant Deed between the parties, recorded December 30, 1976 in the Office of the Kern
County Recorder in Book 4999 of Official Records, at page 418; however, they were inad-
vertently omitted. The purpose of this Supplementary 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 9th day of August,
1983.
SEAL
TENNECO WEST, INC.
By ~~ '~dent
and b y~/~ ~.
FA$s~stant Secretary
STATE OF CALIFORNIA)
)SS.
COUNTY OF KERN )
On(~z.~- _~ , 1983, before me, the undersigned, a Notary Public in and for said
Sta~e, ~ersonaTly appeared MELVIN JANS and WAYNE E. BROOME,
X personally known to me; or
proved to me on the basis of satisfactory evidence
to be the persons who executed the within instrument as Vice President and Assistant
Secretary, on behalf of TENNECO WEST, INC., the corporation therein named, and acknow-
ledged to me that such corporation executed it pursuant to its by-laws or a resolution o~
its board of directors.
WITNESS my hand and official seal.
Signature
ANDREA L BRITT
NOTARY PUBLIC - CALIFORNIA
I~OND FILED IN
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EXHIBIT "A"
Those portions of the Southwest Quarter (SW/4) of Section 7, Township 29 South, Range 28
East, M.D.M., described as follows:
PARCEL 1:
Commencing at the northeast corner of the Southeast Quarter of the Southwest Quarter
(SE/4 of SW/4) of said Section 7; thence South 89° 43' 31" West, on and along the north
line of the Southeast Quarter of the Southwest Quarter (SE/4 of SW/4) of said Section 7,
113.78 feet, to the Point of Beginning of this description, said point also being the
northeast corner of that certain parcel of land described in and excepted from a deed
recorded July 19, 1945, in Book 1236 of Official Records at page 172, Kern County Re-
cords; thence South 08° 39' 50" East, on and along the westerly boundary of last men-
tioned parcel 125.90 feet, more or less, to the northeast corner of that certain parcel
of land described in deed recorded October 25, 1948, in Book 1570 of Official Records at
page 94, Kern County Records; thence South 70° 17' 20" West, on and along the northerly
boundary of last mentioned parcel, 189.20 feet; thence South 74° 23' b5" West, 43.33
feet, more or less to the northwest corner of the last mentioned parcel; thence continu-
ing South 74° 23' 55" West, 331.42 feet, more or less, to a point on the westerly bound-
ary line of that certain parcel of land described in deed recorded July 19, 1945, in Book
1236 of Official Records at page 172, Kern County Records; thence North O0° 30' 50" West,
on and along the westerly boundary line of last mentioned parcel 151.15 feet, more or
less, to a point on the southerly boundary line of a second certain parcel of land de-
scribed in and excepted from the above mentioned deed recorded July 19, 1945, in Book
1236, of Official Records at page 172, Kern County Records; thence North 70° 51' 18"
East, on and along the south boundary of last mentioned parcel 418.68 feet, more or less,
to a point on the north line of the Southeast Quarter of the Southwest Quarter of said
Section 7; thence North 89° 43' 31" East, on and along last mentioned north line 125.92
feet, more or less, to the Point of Beginning.
Parcel 2:
Commencing at the northeast corner of the Southeast Quarter of the Southwest Quarter
(SE/4 of SW/4) of said Section 7; thence along the north line of the said Southeast Quar-
ter of the Southwest Quarter (SE/4 of SW/4) North 89° 50' West, 239.7 feet, to the Point
of Beginning; thence continuing along said north line North 89° 50' West, 1,118.8 feet;
thence South O0° 07' East, 420.00 feet; thence North 67° 58' East, 600.00 feet; thence
North 71° 09' East, 594.00 feet, to the Point of Beginning.
EXCEPTING from said Parcels 1 and 2:
(a) that portion thereof conveyed to the County of Kern, in deed recorded
August 9, 1968, in the Office of the Kern County Recorder in Book 4186 of
Official Records, at page 572, described as follows:
Beginning at the southeast corner of Tract No. 1270, according to the map of
said tract recorded October 16, 1945 in the Office of the County Recorder of
said Kern County in Book 5 of Maps at page 114; thence (1) along the
northeasterly prolongation of the southerly line of said Tract No. 1270, and
the southerly line of County Road No. 1460 (known as Ferguson Avenue), as said
southerly line is described in the Deed recorded September 1, 1949 in Book 1523
of said Official Records at page 478, North 68° 52' 07" East (bearing shown as
North 68° 31' 30" East on the map of said Tract No. 1270), 36.305 feet to the
west line of County Road No. 1624 (known as Manor Street), as described in Deed
recorded April 8, 1955 in Book 2405 of said Official Records at page 154;
thence (2) along last said west line, South O0° 03' 03" East, 132.17 feet;
thence (3) continuing along said west line, South 89° 57' 07" West, 20.00 feet;
thence (4) South O0° 03' 03" East, 50.681 feet; thence (5) leaving said west
line, South 74° 12' 06" West, 526.015 feet; thence (6) South 70° 40' 26" West,
469.710 feet; thence (7) South 68° 02' 44" West, 93.351 feet to the east line
of County Road No. 1221 (known as Iris Street), as described in Deed recordeo
March 4, 1942 in Book 1077 of said Official Records at page 105; thence (8)
along last said east line, North O0° 14' 22" East, 2.894 feet; thence (9)
EXHIBIT "A" (Continued)
continuing along said east line, North 05° 37' 41" East, 175.254 feet; thence
(10) North O0° 11' 40" West, 151.622 feet to the south line of County Road No.
1322 (also known as Ferguson Avenue), as described in Deed recorded October 26,
1945 in Book 1131 of said Official Records at page 415; thence (11) along last
said south line, South 89° 47' 12" East, 548.698 feet; thence (12) continuing
along last said south line and the southerly line of said Tract No. 1270, North
68° 52' 07" East, 489.477 feet to the Point of Beginning.
(b) that portion thereof lying within Manor Street.
This grant is subject to all existing conditions, restrictions and reservations
of record.
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