HomeMy WebLinkAbout10042 - Condemnation of Certain Properties•
RESOLUTION NO. 1.0,042
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING AND
• DIRECTING THE CONDEMNATION OF CERTAIN
PROPERTIES AND DECLARING THE PUBLIC
NECESSITY THEREFOR
WHEREAS, the City of Newport Beach is authorized by
virtue of the statutes of the State of California to take
properties by condemnation and to hold, use and enjoy these
properties as necessary to the full exercise of its power;
and
WHEREAS, the City of Newport Beach is authorized
by virtue of Code of Civil Procedure Sections 1240.010,
1240.050, 1240.110, 1240.120, 12401.125, 1240.140, 1240.320,
1240.330, 1240.350, 1240.410, 1240.510 and 1240.610 and
Government Code Sections 40404, 37350, 37350.5, 39792 and
54341 to take real and personal property by condemnation for
oil drilling, pumping, pass- through, storage and production
purposes; and
WHEREAS, the City of Newport Beach and the State of
California, by and through the State Lands Commission, and
pursuant to Section 1240.140 of the Code of Civil Procedure
and Title I, Division 7, Chapter 5 (S 6500, et seq.) of
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the Government Code of the State of California have, on
May 8, 1981, entered into a JOINT POWERS AGREEMENT FOR
ACQUISITION AND CONSTRUCTION OF TIDELANDS OIL PUMPING AND
STORAGE FACILITIES, attached hereto as Exhibit "A" and
• incorporated herein by reference, by which JOINT POWERS
AGREEMENT the State Lands Commission authorizes the City of
Newport Beach to act as the Joint Powers Agency under the
above - described Joint Powers Agreement to exercise all
necessary powers of the City and of the State Lands Com-
mission, including the powers of eminent domain vested in
the State Lands Commission pursuant to Public Resources Code
Section 6808, and to conduct all legal proceedings to
acquire interests in real and personal property for the
purpose of drilling for, pumping, producing, storing and
transporting oil, gas and other hydrocarbon substances from
within the submerged and tidelands beneath the Pacific
Ocean, which lands were granted in trust to the City of
Newport Beach by and for the benefit of the People of the
State of California pursuant to Chapter 74 of the Statutes
of 1978; and
WHEREAS, all persons whose names and addresses appear
on the last equalized assessors roll for the properties
described herein were given notice and an opportunity to be
heard pursuant to Code of Civil Procedure Section 1240.235;
• and
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•
WHEREAS, a public hearing was held on May 26, 1981 by
the City Council of the City of Newport Beach, acting as the
Joint Powers Agency under the above - described JOINT POWERS
AGREEMENT, at which the matters set forth in Code of Civil
Procedure Section 1240.030 were discussed, including the
•' following matters:
(a) Whether the public interest and necessity require
the project;
(b) Whether the project is planned and located in the
manner that will be most compatible with the
greatest public good and the least private injury;
and
(c) Whether the properties sought to be acquired
(which are described herein) are necessary for the
project.
NOW, THEREFORE, the City Council of the City of Newport
Beach, acting as the Joint Powers Agency under the above-
described Joint Powers Agreement, does hereby resolve and
find as follows:
1. The City Council of the City of Newport Beach, act-
ing as the Joint Powers Agency under the JOINT POWERS AGREE-
MENT entered into by and between the City of Newport Beach
and the State Lands Commission pursuant to Government Code
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Sections 6500 et
seq., and
pursuant to
Code of
Civil Proce-
dure Sections
1240.010,
1240.050,
1240.110,
1240.120,
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1240.125, 1240.140, 1240.320, 1240.330, 1240.350, 1240.410,
1240.510 and 1240.610, Government Code Sections 40404,
37350, 37350.5, 39792, and 54341, and Public Resources Code
Section 6808, is empowered to condemn any real and personal
• property necessary to fulfill and carry out the duties of
the City of the drilling for, pumping, producing, storing
and transporting oil, gas and other hydrocarbon substances
from the submerged tidelands adjacent to the City of Newport
Beach, which submerged tidelands were conveyed in trust to
the City of Newport Beach for the benefit of the People of
the State of California pursuant to Chapter 74 of the
Statutes of 1978. The City Council of the City of Newport
Beach, acting as the Joint Powers Agency, finds that the
acquisition of the herein described properties is necessary
to carry out these duties of the City of Newport Beach.
2. The City Council of the City of Newport Beach, act-
ing as the Joint Powers Agency, hereby finds and determines
that the public interest and necessity require for public
use the properties described herein. Acting as the Joint
Powers Agency, the City Council of the City of Newport Beach
further finds that the public interest and necessity require
the proposed project which consists of the acquisition by
the parties to the JOINT POWERS AGREEMENT and the construc-
tion, operation and maintenance by the City of Newport Beach
• of certain public improvements, to wit: slant drilled
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•
wells, pumping units, tanks, drill sites, oil transmission
pipelines, and casings for the production of oil and gas
from the City's submerged tideland trust areas.
3. The properties described herein are located partly
within the City of Newport Beach and partly within the
• unincorporated area of the County of Orange and are neces-
sary for the proposed project. The public interest requires
the proposed project, and the project is located in a manner
most compatible with the greatest public good and the least
private injury. A description of the general location and
extent of the properties to be taken, with sufficient
details for reasonable identification, together with the
specific description of each parcel, is set forth in
Exhibit "B" attached hereto and by this reference incorpo-
rated herein as though set forth at length.
4. The interests to be acquired in the real and per-
sonal property are described in the description of each
parcel set forth in Exhibit "B ".
5. In the event negotiations for the purchase of the
properties described in Exhibit "B" are unsuccessful, the
law firm of Rutan & Tucker, special counsel for the City of
Newport Beach, and /or Hugh R. Coffin, City Attorney for the
City of Newport Beach, are hereby directed to bring action
in the Superior Court of the State of California in the name
• of the City of Newport Beach, as the Joint Powers Agency
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•
under the JOINT POWERS AGREEMENT, to condemn, by eminent
domain proceedings, these properties. These attorneys are
authorized and, upon instruction by the City Council, shall
make an application to the above - entitled court for an order
•
fixing the amount of security
by way of money
deposits as
the court may direct and for an
order permitting
the City to
take immediate possession and
use of the herein described
•
real and personal properties for the uses and purposes
described herein.
6. The law firm of Rutan & Tucker, and /or Hugh R.
Coffin, the City Attorney for the City of Newport Beach, are
hereby empowered to incur, in the name of the City of
Newport Beach, acting as the Joint Powers Agency under the
JOINT POWERS AGREEMENT, all expenses and obligations inciden-
tal to the purposes of bringing and litigating such action.
ADOPTED this 26th day of May, 1981.
ATTEST:
A4t��
City Clerk
I, WANDA E. ANDERSEN, City Clerk of the City of Newport
Beach, do hereby certify that the foregoing Resolution No.
Q.
10,042 a was adopted on May 26 , 1981 , by the following
roll -c1 vote:
AYES: Cox, Hart, Heather, Strauss, Mauxrs and Plummer
NOES:
ABSTAIN: Hummel
•
ofd -�
Wanda E, Andersen
City Clerk
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• JOINT POWERS AGREEMENT
FOR ACQUISITION AND CONSTRUCTION OF
TIDELANDS OIL PUMPING AND
STORAGE FACILITIES
THIS AGREEMENT, made and entered into this d day of
, 19810 'by and between the CITY OF NEWPORT BEACH, a
• chartered municipal corporation (hereinafter referred to as
the ''City "), and the STATE LANDS COMMISSION, an agency of
the State of California duly organized and existing pursuant
to Public Resources Code section 6100, et seq. (hereinafter
referred to as the "Commission "), both of whom understand
and agree as follows:
WHEREAS, pursuant to Chapter 74 of the Statutes of
1978, the City holds in trust for the benefit of the People
of the State of California all of that real property con-
sisting of, and mineral rights within, that portion of tide-
lands and submerged lands, whether filled or unfilled, bor-
dering upon and under the Pacific Ocean or Newport Bay in
the County of Orange, which were within the corporate limits
of the City,of Newport Beach, a municipal corporation, on
July 25, 1919 (hereinafter referred to as the "public trust
area "); and
WHEREAS, under the aforementioned public trust grant,
the Commission, on behalf of the People of the State of
California, holds both a reversionary ownership interest in
• the public trust area and the minerals therein, and a pre-
EXF:IBIT "A"
rl
• sent proprietary interest in the proceeds derived from the
public trust area; and
WHEREAS, the State of California, by and through the
Commission, has a strong interest in ensuring that oil, gas
and other hydrocarbon substances be produced from the public
trust area so as to reduce this Nation's dependence upon
• imported oil products; and
WHEREAS, the City and Commission desire to permit the
City to produce from the public trust area oil, gas and
other hydrocarbon substances, the revenues from which will
be utilized to operate, maintain and improve harbors and
beaches within the City for the benefit of the residents of
the City and the People of the State of California; and
WNBREAS, the Commission is authorized pursuant to Sec-
tion 6808 of the Public Resources Code to acquire in the
name of the State any right of way or easement, including
surface rights, that may be necessary for the development
and production of oil and gas from lands to which the State
of California has an ownership interest, if the Commission
deems such action to be in the best interests of the State
of California; and
W::EREAS, the City and Commission agree that it is in
the b•:st interests of the City and the State of California
to acq;.i-re the rights in the property described in Exhibit
• "A" attached hereto and by this reference incorporated
herein, which rights and property are necessary for the
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• development and production of oil and gas from the public
trust area which is held in trust by the City and in which
the State of California has a reversionary property inter-
est and a present proprietary interest; and
WHEREAS, this Agreement is authorized by Title. I, Divi-
sion 7, Chapter 5 of the Government Code, which authorizes
•
the joint exercise by agreement of two public agencies of
any powers common to them, and by Section 1240.140 of the
Code of Civil Procedure, which authorizes two or more public
agencies to enter into an agreement for the joint exercise
by their respective powers of eminent domain.
NOW, THEREFORE, the City and Commission, for and in
consideration of the mutual promises and agreements here-
inafter stated, and the performance: thereof, and for other
valuable.and adequate compensation, do hereby agree for and
on behalf of themselves and their successors in interest as
follows:
1. This Agreement is for the purpose of authorizing
performance by the City of all of the functions of the City
and Commission, except those services which are now or may
hereafter be made the subject of separate and special agree-
ments between the parties hereto. The purposes of this
Agree, -::it shall be accomplished in the manner hereinafter
set forth.
• 2. The City is designated as the Joint Powers Agency
under this Joint Powers Agreement, and as such, is desig-
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nated as the party to administer this Agreement by and
through its officers, employees, departments and designees
for the purpose of acquiring and constructing surface oil
drilling, production, storage and transportation facilities
fpr the production of oil, gas and other hydrocarbon sub-
stances from wells slant - drilled into the public trust area.
• The real property to be acquired is situated in the County
of Orange, State of California, and is more particularly de-
scribed in Exhibit "A" attached hereto and by this reference
made a part hereof as though set forth at length. A plat
showing the boundaries of the real property to be acquired
is attached hereto as Exhibit "B."
3. In order to acquire and operate the hereinabove
described surface facilities for the drilling for, produc-
tion, storage and transportation of oil, gas and other hy-
drocarbon substances from the public trust area, the City,
as the Joint Powers Agency, shall exercise all necessary
powers of City and Commission to accomplish such acquisi-
tion, construction and operation. In this regard, Commis-
sion specifically agrees that the City is authorized to con-
duct all legal proceedings to acquire interests in real and
personal property necessary for the surface drilling, pro-
duction, storage and transportation of oil, gas and other
hydrocarbon substances from the public trust area, includ-
ing,
but not
limited
to, the
designation
of the City Attor-
ney
or other
legal
counsel
to conduct
necessary eminent
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domain proceedings in the name of the City or Commission, as
appropriate. The Commission further agrees that it will do
all things necessary to facilitate the conducting of said
proceedings, including, but not limited to, the expeditious
consideration. of approval of resolutions of necessity, and
the endorsement of all necessary legal documents as reques-
ted by the above- designated legal representative in this
matter.
4. In order that the Commission may at all times be
fully apprised of the actions of the City as the Joint
Powers Agency under this Agreement, a copy of each pleading
filed, served or received by the City pertaining to the
acquisition which is the subject of this Agreement shall. be
transmitted to and received by the legal counsel for the
Commission within forty -eight (48) hours of filing, service
or receipt by the City. If, due to time constraints outside
of the control of the City, the City is unable to transmit
such pleadings to the legal counsel of the Commission within
the above - described time period, legal counsel for the City
shall como..unicate with the legal counsel for the Commission
by telephDne and inform the Commission's legal counsel of
the contents of such pleadings. The legal counsel to Com-
mission further shall be permitted to be present at all
hearings and discovery proceedings which may occur as a re-
sult of legal proceedings brought pursuant to this Agreement.
5. The City shall act as the lead agency for the pre-
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paration and processing of any and all environmental docu-
ments that may be required in connection with the admini-
stration of this Agreement.
6. The City shall bear the entire cost of administer-
-i.ng this Agreement, including, but not limited to, all costs
relating to the acquisition, construction and operation of
• the surface facilities for the drilling for, production,
storage and transportation of oil, Sias and other hydrocarbon
substances from the trust area as hereinabove set forth, and
also including, but not limited to, the costs of conducting
eminent domain proceedings hereunder.
7. The City's Treasurer shall serve as Treasurer for
the purpose of administering this Agreement, and shall be
bonded as required by law, and all. receipts and disburse-
ments pursuant to the administration of this Agreement shall
be strictly accounted for by City in accordance with appli-
cable laws. Any and all surplus funds at the termination of
this Agreement shall remain with the City. All funds held
pursuant to this Agreement shall be in the control of and
accounted for by the City.
8. Both parties agree that they and their officers,
employees and agents shall cooperate in carrying out this
Agreement.
9. The Commission shall assume no liability for any
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costs incurred in the administration of
this Agreement
by
the City, nor shall the Commission assume
any liability
for
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1�
the negligence of any officer or employee of the City, and
the City shall hold the Commission and its officers and
employees harmless from and shall defend the Commission and
its officers and employees against any claim for damages
resulting therefrom. The City shall protect and hold the
• Commission, its officers and employees, harmless from all
claims, damages and costs, and assume the defense of all
actions for any damages or injuries alleged to have arisen
out of the acts of the City, its officers or employees,
undertaken pursuant to this Agreement.
10. Upon completion of the acquisition of the surface
facilities for the drilling for, production, storage and
transportation of oil, gas and other hydrocarbon substances
from the public trust area hereunder, all interests in real
and personal property acquired hereunder shall remain in the
name of the Joint Powers Agency; provided, however, that
within one hundred twenty (120) days of title to such prop-
erty and property interests vesting in the Joint Powers
Agency,. the,Joint Powers Agency shall convey title to the
City as the Joint Powers Agency them may have to such real
and personal property or property interests.
11. Unless extended by agreement of the parties, and
except-- for Paragraph 10 hereof, this Agreement shall termi-
nate and be of no further force and effect when the acquisi-
tion an'_ construction of the herein described surface facil-
ities ::)r the drilling for, production, storage and trans -:
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•
•
portation of trust area oil, gas and other hydrocarbon sub-
stances is completed and all other terms hereof complied
with. Paragraph 10 shall remain in full force and effect
until the property and property interests described in Exhi-
bit "A" hereto are conveyed to the City, unless terminated
by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties to this Agreement have
caused their names to be affixed hereto by the proper offi-
cers thereof. This Agreement is signed and executed this
d day of _g#__, 1981.
THE CITY OF NEWPORT BEACH
a chartered municipal
corporation
THE STATE LANDS COMMISSION
OF THE STATE OF /.CALIFORNIA
B By
f
_ Mayor
ATTEST: ATTEST:
' SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
�- ' -' - DELIVERED TO THE CHAIRMAN OF
City Clerk THE STATE LANDS COMMISSION
BY ____ 4St Se cretary to the Lands
Commission
APPROVED AS TO FORM: APPROVED AS TO FORM:
City A`torney ounse1 to the Sta e L nds
Commission
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l� ROBERT BEIN, WILLIAM FROST
• 1401 Quail Street
Newport Beach, California
DESCRIPTION
& ASSOCIATES
92663
Oxbow Oil Production Condemnation
All those certain lands situated partly
partly in the unincorporated territory
California, more particularly described
PARCEL "A -1 ";
March 31, 1981
JN 20552
Page 1 of 3
in the City of Newport Beach and
of the County of Orange, State of
as follows;
Beginning at the northerly terminus of that certain course in the
existing Newport Beach City Boundary shown as "South 4031133" East
439.65 feet" on a map filed in Book 65, Pages 31 through 36 of Records
of Surveys in the Office of the County Recorder of said County; thence
South 77 °00'03" West 81.09 feet to the centerline of the Santa Ana River
as per Superior Court Case No. 22797 as shown on said map filed in
Book 65, Pages 31 through 36 of Records of Surveys; thence along said
centerline South 1° 38' 10 West 511.88 feet and South 10047151" East
116.83 feet to a point on a non - tangent curve in the northerly line of West
Coast Highway concave northerly and having a radius of 950.00 feet, a
radialline from said point bears North 19 021'27" East; thence easterly
along said curve and northerly line 205.31 feet through a central angle
of 12 °22'57" to the boundary line of the land described in the parcel
entitled "EXHIBIT II TO SUBSURFACE EASEMENT" recorded in Book
2627, Page 36 of Official Records of said County; thence non - tangent from
said curve along said boundary line South 20 °11'42" East 100.94 feet to
the northwesterly terminus of the course shown as "North 60 026128" West
576.24 feet" and entitled "North line of Mean High Tide, Rec. 9/19/28,
BK. 201 -253, O.R., Ora. Co. Sup. Court: Case No. 23686" on a map
filed in Book 27, Page 47 of Records of Surveys in the Office of the
County Recorder of Orange County, California; thence along said afore-
mentioned course and boundary line South 60 028'13" West 352.53 feet;
thence leaving said course and boundary line North 12 059157" West
441.33 feet; thence South 770 00'03" West, 60. 00 feet; thence
North 120 59' 57" West, 599.49 feet to a line which bears
North 7700T03" East from the POINT' OF BEGINNING; thence
South 77 000'03" West, 181.43 feet to the POINT OF BEGINNING.
CONTAINING 6.889 Acres, more or less
•
EXHIBIT "A"
_' ... ..a,ov�.an wu IYla I'L'll J1, 1!l til
17 Oxbow Oil Production Condemnation JN 20552
Page 2 of 3
•PARCEL "B -I":
Beginning at a point in that certain course in the existing Newport Beach
City Boundary shown as "South 68° 22145" East 756. 00 feet" on a map filed
in Book 65, Pages 31 through 36 of Records of Surveys in the Office of
the County Recorder of said County distant thereon South 68 022145" East
280.00 feet from the northwesterly terminus thereof; thence
South 21 037115" West 61.43 feet to the centerline of the Santa Ana River
as pe.r Superior Court C se No. 22797 as shown on said map filed in
Book 65, Pages 31 thr,.:1h 36 of Records of Surveys; thence along said
•centerline South 66 °421208 East 400.17 feet; thence leaving said center-
line North 21037115" East 323.11 feet; thence North 68022145" West,
400.00 feet to a line which bears North 210:37115" East from the POINT
OF BEGINNING; thence South 21 037115" West 250.00 feet to the POINT
OF BEGINNING.
CONTAINING 2.913 Acres, more or less
PARCEL "C -1 ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for se% er and road purposes per Superior Court Case No.
24769 shown as "North 76032123" West, 1596. ].8 feet' on a mapfiled in Book
65, Pages 31 through 36 of Records of Surveys in the Office of the County
Recorder of said County distant thereon South 76 °32'23" East 148.00 feet
from the northwesterly terminus thereof; thence along said centerline as
shown on said record of survey map through the following courses:
South 76032123" East 1448.18 feet; thence South 32° 55145" East
521.40 feet; thence South 27 °15115" East 595.00 feet; thence
South 14 036'45" East 264.00 feet; thence South 5 °33'45" West
217. 00 feet; thence South 120 59'57" East 585. 03 feet to the northwesterly
line of the hereinabove described Parcel "A -1 ".
CONTAINL \G 2. 500 Acres, more or less
PARCEL "D ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for sewer and road purposes per Superior Court Case No.
4769 shown as
"North 76 032123"
West 1596.18 feet" on
a map filed in
ook 65, Pees
31 through 36 of
Records of Surveys in.the
Office of the
County Recorder
of said County
distant thereon South
76 °32123" East
Robert Bein, William Frost & Associates March 31, 1981
l7) Oxbow Oil Production Condemnation JN 20552
Page 3 of 3
• 168.16. feet from the northwesterly terminus :hereof: thence
South 3 °18'27" East 303.61 feet to a tangent curve concave westerly and
having .a radius of 515.00 feet; thence southerly along said curve
202'.03 feet through a central angle of 22 028137 "; thence tangent from said
curve South 19 010'10" West 445.:'•5 feet to the northeasterly line of the
hereinabove described Parcel "B ".
The sidelines of said strip of land shall be lengthened or shortened so
as ti) terminate northerly in the southwesterly line of said 30. 00 foot ease-
ment for sewer and road purposes and southerly in said northeasterly line
of the hereinabove. described Parcel "B ".
CONTAINING 0.644 Acres, more or less
PARCEL "E ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at the southeasterly terminus of a course in the centerline of
a 30.OQ foot easement for sewer and road purposes per Superior Court
Case No. 24769 shown as. "North 76'32'23" West 1596.18 feet" on a map
filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office
of the County Recorder of said Orange County; thence
North 28° 40156" West 481. 09 feet to a tangent curve concave easterly and
having a radius of 280.00 feet; thence northwesterly along said curve
173.49 feet through a central angle of 35 030100 ".
The sidelines of said strip of land shall be lengthened or shortened so
as to terminate southerly in the northeasterly line of said 30. 00 foot ease-
ment for sewer and road purposes.
CONTALNI. \G 0.451 Acres, more or less
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of
Record.
EXHIBIT " B" attached and by this reference made a part hereof.
•
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•
PARCEL NO. A -1 (Surface Easement and Subsurface
Pass - Through Right of Way)
The property and property rights being acquired as
Parcel A -1 by the condemnor City of Newport Beach, a munici-
pal corporation (hereinafter referred to as the "City ") from
the condemnees (hereinafter referred to as the "Owners ") are
as follows:
• A perpetual and non - exclusive easement and right of way
to drill for, produce, pump, store and transport oil, gas
and other hydrocarbon substances on, over, above and through
the surface and subsurface of the Owners' real property and
to install, drill, redrill, clear, construct, reconstruct,
inspect, maintain, operate, repair, replace and improve oil
storage tanks, pipes, pumping units, derricks and appurte-
nant oil production and storage facilities, which structure
and appurtenances may extend above the surface of the
ground; provided, however, that the rights acquired herein
are only for the purpose of producing oil, gas, and other
hydrocarbon substances through slant drilled wells bottomed
in the tide waters beneath the Pacific Ocean and connecting
waters; these easements, rights and rights of way shall lie
in, under, and over and across that certain parcel of real
property, situated in the County of Orange, State of Cali-
fornia, and more particularly described in Exhibit "A"
hereto, and such description by this reference is made a
part hereof as though set forth at length. A plat showing
the location of such easement is attached hereto as Exhibit
B
The rights being acquired herein include the right to
enter upon and to pass and repass over and along said lands,
and to deposit tools, implements and other materials thereon
by the City of Newport Beach, a municipal corporation, or
its successors and assigns, its officers, agents and employ-
ees, and by persons or entities under contract with the
City, its successors and assigns and their employees, when-
ever and wherever necessary for the purpose of drilling,
redrilling, constructing, reconstructing, servicing, in-
specting, repairing, enlarging, using, operating and main-
taining derricks, tanks, pumping units, pipelines and other
facilities reasonably necessary for the operation of oil
production facilities, for the purpose of producing oil
through slant - drilled wells from the tide waters beneath the
Pacific Ocean and outside the boundaries described in
Exhibit "A" hereto attached, and for the storing and market-
ing of oil and gas so produced.
EXHIBIT "B"
aJ
•
The City of Newport Beach further acquires a per-
petual non - exclusive easement and right of way to drill,
test, complete, equip, maintain, repair, clear, redrill,
deepen, operate, produce, dismantle (remove casing and other
equipment from) plug and abandon under and through the sub-
surface of the land described in Exhibit "A" attached hereto
a well or wells for the exploring for and /or producing oil,
gas and other hydrocarbon substances through slant drilled
wells bottomed beneath the tide waters of the Pacific Ocean,
• outside of the boundaries in Exhibit "A" hereto attached.
The property owners shall have the right and the right
to permit others to utilize the land described in Exhibit
"A" hereto for the purpose of oil drilling, production,
storage, and transportation; provided, however, that neither
the rights set forth above in this paragraph nor any opera-
tions carried on therewith shall interfere with the right of
the City to drill, test for, produce, store and transport
oil upon the lands described in Exhibit "A" hereto and
produced from slant holes or wells drilled into adjacent
lands and into the tide waters and beneath the Pacific Ocean
and connecting waters.
The City, in its drilling, operation, storage and pro-
duction operations, shall use and install materials of good
quality and condition, and all wells, pumping units, tanks,
and pipelines shall be maintained by the City in the best
workmanlike manner and in accordance with good oil field
practice; and all drilling and other operations of the City
hereunder shall at all times be conducted in a good and
workmanlike manner and so as to prevent and avoid danger of
any injury or damage therefrom to the property of Owners.
In addition to the rights being acquired by the City
herein, the City shall have a perpetual, non - exclusive
easement and right of way for access purposes only across
other lands of the Owners adjacent to the lands described in
Exhibit "A" hereto to operate, maintain, repair, inspect,
construct and reconstruct the oil production facilities and
subsurface oil wells located on the lands described in
Exhibit "A" hereto.
This Surface Easement and Subsurface Pass - Through Right
of Way shall continue for so long as oil, gas, or other hy-
drocarbon substances are produced in paying quantities from
wells drilled on the lands described in Exhibit "A" attached
hereto, and bottomed outside the boundaries of the land in
• Exhibit "A" hereto.
This Surface Easement and Subsurface Pass- Through Right
of way and each and all of its provisions shall be binding
upon and inure to the benefit of the heirs, executors,
administrators, successors and assigns of the respective
parties hereto.
-2-
2-2-
•
•
•
DESCRIPTION
All those certain lands situated partly in the City
of Newport Beach and partly in the unincorporated area of
Orange County, State of California, more particularly
described as follows:
PARCEL "A -1 ":
Beginning at the northerly terminus of that certain course in the
existing Newport Beach City Boundary shown as "South 4 031133" East
439.65 feet" on a map filed in Book 65, Pages 31 through 36 of Records
of Surveys in the Office of the County Recorder of said County; thence
South 77 000103" West 81.09 feet to the centerline of the Santa Ana River
as per Superior Court Case No. 22797 as shown on said map filed in
Book 65, Pages 31 through 36 of Records of Surveys; thence along said
centerline South 1 °38110 West 511.88 feet and South 10 047151" East
116.83 feet to a point on a non - tangent curve in the northerly line of West
Coast Highway concave northerly and having a radius of 950.00 feet, a
radial line from said point bears North 19 °21'27" East; thence easterly
along said curve and northerly line 205.31 feet through a central angle
of 12 022157" to the boundary line of the land described in the parcel
entitled "EXHIBIT II TO SUBSURFACE EASEMENT" recorded in Book
2627, Page 86 of Official Records of said County; thence non - tangent from
said curve along said boundary line South 20 °11'42" East 100.94 feet to
the northwesterly terminus of the course shown as "North 60° 26128" West
576.24 feet" and entitled "North line of Mean High Tide, Rec. 9/19/28,
BK. 201 -253, O.R., Ora. Co. Sup. Court Case No. 23686" on a map
filed in Book 27, Page 47 of Records of Surveys in the Office of the
County Recorder of Orange County, California; thence along said afore-
mentioned course and boundary line South 60 028'13" West 352.53 feet;
thence leaving said course and boundary line North 120 59157" West
441.33 feet; thence South 77 °00'03" West, 60.00 feet; thence
North 12 °59'57" West, 599.49 feet to a line which bears
North 77 000103" East from the POINT OF BEGINNING; thence
South 77 000103" West, 181.43 feet to the POINT OF BEGINNING.
CONTAINING 6.889 Acres, more or less
EXHIBIT "A"
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•
PARCEL NO. B -1 (Surface Easement and Subsurface
Pass- Through Right of Way)
The property and property rights being acquired as
Parcel B -1 by the condemnor City of`. Newport Beach, a munici-
pal corporation (hereinafter referred to as the "City ") from
the condemnees (hereinafter referred to as the "Owners ") are
• as follows:
A perpetual and non - exclusive easement and right of way
to drill for, produce, pump, store and transport oil, gas
and other hydrocarbon substances on, over, above and through
the surface and subsurface of the Owners' real property and
to install, drill, redrill, clear, construct, reconstruct,
inspect, maintain, operate, repair, replace and improve oil
storage tanks, pipes, pumping units, derricks and appurte-
nant oil production and storage facilities, which structure
and appurtenances may extend above the surface of the
ground; provided, however, that the rights acquired herein
are only for the purpose of producing oil, gas and other
hydrocarbon substances through slant drilled wells bottomed
in the tide waters beneath the Pacific Ocean and connecting
waters; these easements, rights and rights of way shall lie
in, under, and over and across that certain parcel of real
property, situated in the County of Orange, State of Cali-
fornia, and more particularly described in Exhibit "A"
hereto, and such description by this reference is made a
part hereof as though set forth at length. A plat showing
the location of such easement is attached hereto as Exhibit
B
The rights being acquired herein include the right to
enter upon and to pass and repass over and along said lands,
and to deposit tools, implements and other materials thereon
by the City of Newport Beach, a municipal corporation, or
its successors and assigns, its officers, agents and employ-
ees, and by persons or entities under contract with the
City, its successors and assigns and their employees, when-
ever and wherever necessary for the purpose of drilling,
redrilling, constructing, reconstructing, servicing, in-
specting, repairing, enlarging, using, operating and main-
taining derricks, tanks, pumping units, pipelines and other
facilities reasonably necessary for the operation of oil
production facilities, for the purpose of producing oil
through slant - drilled wells from the tide waters beneath the
Pacific Ocean and outside the boundaries described in
Exhibit "A" hereto attached, and for the storing and market-
ing of oil and gas so produced.
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•
The City further acquires a. perpetual non - exclusive
easement and right of way to drill, test, complete, equip,
maintain, repair, clear, redrill, deepen, operate, produce,
dismantle (remove casing and other equipment from) plug and
abandon under and through the subsurface of the land des-
cribed in Exhibit "A" attached hereto a well or wells for
the exploring for and /or producing oil, gas and other
hydrocarbon substances through slant drilled wells bottomed
beneath the tide waters of the Pacific Ocean outside of the
• boundaries in Exhibit "A" hereto attached.
The property owners shall have the right and the right
to permit others to utilize the :Land described in Exhibit
"A" hereto for the purpose of oil drilling, production,
storage, and transportation; provided, however, that neither
the rights set forth above in this paragraph nor any opera-
tions carried on therewith shall interfere with the right of
the City to drill, test for, produce, store and transport
oil upon the lands described in Exhibit "A" hereto and
produced from slant holes or wells drilled into adjacent
lands and into the tide waters and beneath the Pacific Ocean
and connecting waters.
The City, in its drilling, operation, storage and pro-
duction operations, shall use and install materials of good
quality and condition, and all wells, pumping units, tanks,
and pipelines shall be maintained by the City in the best
workmanlike manner and in accordance with good oil field
practice; and all drilling and other operations of the City
hereunder shall at all times be conducted in a good and
workmanlike manner and so as to prevent and avoid danger of
any injury or damage therefrom to the property of Owners.
In addition to the rights being acquired by the City
herein, the City shall have a perpetual, non - exclusive
easement and right of way for access purposes only across
other lands of the Owners adjacent to the lands described in
Exhibit "A" hereto to operate, maintain, repair, inspect,
construct and reconstruct the oil production facilities and
subsurface oil wells located on the lands described in
Exhibit "A" hereto.
This Surface Easement and Subsurface Pass - Through Right
of Way shall continue for so long as oil, gas, or other hy-
drocarbon substances are produced in paying quantities from
wells drilled on the lands described in Exhibit "A" attached
hereto, and bottomed outside the boundaries of the land in
• Exhibit "A" hereto.
This Surface Easement and Subsurface Pass- Through Right
of Way and each and all of its provisions shall be binding
upon and inure to the benefit of the heirs, executors,
administrators, successors and assigns of the respective
parties hereto.
-2-
a.(0
•
•
DESCRIPTION
All those certain lands situated partly in the City
of Newport Beach and partly in the unincorporated area of
Orange County, State of California, more particularly
described as follows:
PARCEL "B -1 ":
Beginning at a point in that certain course in the existing Newport Beach
City Boundary shown as "South 68" 22'45" East 756. 00 feet" on a map filed
in Book 65, Pages 31 through 36 of Records of Surveys in the Office of
the County Recorder of said County distant thereon South 68 022'45" East
280.00 feet from the northwesterly terminus thereof; thence
South 21 037115" West 61.43 feet to the centerline of the Santa Ana River
as per Superior Court Case No. 22797 as shown on said map filed in
Book 65, Pages 31 throuffh 36 of Records of Surveys; thence along said
centerline South 66 142120 East 400.17 feet; thence leaving said center-
line North 21 °37115" East 323.11 feet; thence North 68 022'45" West,
400.00 feet to a line which bears North 21 "37115" East from the POINT
OF BEGINNING; thence South 21 °37'15" West 250.00 feet to the POINT
OF BEGINNING.
CONTAINING 2.913 Acres, more or less
EXHIBIT "A"
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PARCEL NO. C -1 (Permanent Easement - Oil Transmission
Pipeline and Access)
The property and property rights being acquired as
Parcel C -1 by the condemnor City of Newport Beach, a munici-
pal corporation (hereinafter referred to as the "City ") from
the condemnees (hereinafter referrer to as the "Owners ") are
as follows:
A perpetual and non - exclusive easement and right of way
to install, construct, reconstruct, remove and replace,
inspect, maintain, operate, repair, improve and relocate a
pipeline or pipelines with incidental appurtenances and
connections, in, on and under the real property hereinafter
described, and to install, construct, reconstruct, inspect,
maintain, operate, repair, replace, improve and relocate
lines parallel to said pipeline or pipelines, which ease-
ments shall lie in, under and over and across those certain
parcels of real property situated in the County of Orange,
State of California, and more particularly described in Ex-
hibit "A" hereto, and such description by this reference is
made a part hereof as though set forth at length. A plat
showing the location of such easement is attached hereto as
Exhibit "B."
Whenever the term "oil transmission line" is used here-
in, such term shall include the right to construct and main-
tain oil and gas transmission limes parallel to any line
installed pursuant to this easement now or in the future and
shall include the right to construct and maintain all facil-
ities, fixtures and appurtenances thereto.
The rights being acquired herein include the right to
enter upon and to pass and repass over and along said lands,
and to deposit tools, implements and other materials thereon
by the City of Newport Beach or its successors and assigns,
its officers, agents and employees, and by persons or enti-
ties under contract with such City, its successors and as-
signs and their employees, whenever and wherever necessary
for the purpose of laying, constructing, reconstructing, re-
newing, inspecting, maintaining, repairing, enlarging, using
and operating said oil transmission line, together with the
right to use said rights of way for access to the City's
or its successors and assigns' rights of way situated on
adjacent lands.
® The permanent easement and right of way above described
shall be acquired subject to the rights of the property
owners, their successors and assigns, to use the surface of
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•
the land within the boundary lines of such easement and
right of way to the extent compatible with the full and free
exercise of said easement and right of way; provided,
however, that the provision of this easement shall not
entitle the property owners to utilize their property in
such a manner as to jeopardize the integrity or safety of
the oil transmission line.
In addition to the rights being acquired by the City
• herein, City shall have a perpetual, non - exclusive easement
and right of way for access purposes over the property
owners' remaining lands to the lands upon which the oil
transmission pipeline herein is situated; such access ease-
ment may be used by City, its successors and assigns and
their employees, whenever and wherever necessary for the
purpose of obtaining ingress or egress to the oil transmis-
sion line easements or any other easements owned by the
City, whether located on the property owners' property or on
other properties, even if such other properties are not
adjacent to owners' property.
•
This Oil Transmission Pipeline and Access Easement
shall continue for so long as oil, gas, or other hydrocarbon
substances are transmitted in paying quantities through the
oil transmission line located on the lands described in
Exhibit "A" hereto attached.
This easement and the provisions contained therein
shall be binding upon the heirs, successors, administrators,
personal representatives and assigns of the parties hereto.
-2-
•
•
DESCRIPTION
All those certain lands situated in the County of
Orange, State of California, more particularly described as
follows:
PARCEL "C -1 ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for sewer and road purposes per Superior Court Case No.
24769 shown as "North 76 °32123" West, 1596.18 feet' on a mapfiledin Book
65, Pages 31 through 36 of Records of Surveys in the Office of the County
Recorder of said County distant thereon South 76 °32'23" East 148.00 feet
from the northwesterly terminus thereof; thence along said centerline as
shown on said record of survey map through the following courses:
South 76 °32'23" East 1448.18 feet; thence South 32 055145" East
521.40 feet; thence South 27 °15'15" East 595.00 feet; thence
South 14 036'45" East 264.00 feet; thence South 5 °33145" West
217.00 feet; thence South 12 °59157" East 585.03 feet to the northwesterly
line of the hereinabove described Parcel "A -1 ".
CONTAINING 2. 500 Acres, more or less
EXHIBIT "A"
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•
PARCEL NO. D (Permanent Easement - Oil Transmission
Pipeline and Access)
The property and property rights being acquired as
Parcel D by the condemnor City of Newport Beach, a municipal
corporation (hereinafter referred to as the "City ") from the
condemnees (hereinafter referrer to as the "Owners ") are as
follows:
• A perpetual and non - exclusive easement and right of way
to install, construct, reconstruct, remove and replace,
inspect, maintain, operate, repair, improve and relocate a
pipeline or pipelines with incidental appurtenances and
connections, in, on and under the real property hereinafter
described, and to install, construct, reconstruct, inspect,
maintain, operate, repair, replace, improve and relocate
lines parallel to said pipeline or pipelines; which ease-
ments shall lie in, under and over and across those certain
parcels of real property situated in the County of Orange,
State of California, and more particularly described in Ex-
hibit "A" hereto, and such description by this reference is
made a part hereof as though set forth at length. A plat
showing the location of such easement is attached hereto as
Exhibit "B."
Whenever the term "oil transmission line" is used here-
in, such term shall include the right to construct and main-
tain oil and gas transmission lines parallel to any line
installed pursuant to this easement now or in the future and
shall include the right to construct and maintain all facil-
ities, fixtures and appurtenances thereto.
The rights being acquired herein include the right to
enter upon and to pass and repass over and along said lands,
and to deposit tools, implements and other materials thereon
by the City of Newport Beach or its successors and assigns,
its officers, agents and employees, and by persons or enti-
ties under contract with such City, its successors and as-
signs and their employees, whenever and wherever necessary
for the purpose of laying, constructing, reconstructing, re-
newing, inspecting, maintaining, repairing, enlarging, using
and operating said oil transmission line, together with the
right to use said rights of way for access to the City's
or its successors and assigns' rights of way situated on
adjacent lands.
• The permanent easement and right of way above described
shall be acquired subject to the rights of the property
owners, their successors and assigns, to use the surface of
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the land within the boundary lines of such easement and
right of way to the extent compatible with the full and free
exercise of said easement and right of way; provided,
however, that the provision of this easement shall not
entitle the property owners to utilize their property in
such a manner as to jeopardize the integrity or safety of
the oil transmission line.
In addition to the rights being acquired by the City
• herein, City shall have a perpetual, non - exclusive easement
and right of way for access purposes over the property
owners' remaining lands to the lands upon which the oil
transmission pipeline herein is situated; such access ease-
ment may be used by City, its successors and assigns and
their employees, whenever and wherever necessary for the
purpose of obtaining ingress or egress to the oil transmis-
sion line easements or any other easements owned by the
City, whether located on the property owners' property or on
other properties, even if such other properties are not
adjacent to owners' property.
•
This Oil Transmission Pipeline and Access Easement
shall continue for so long as oil,, gas, or other hydrocarbon
substances are transmitted in paying quantities through the
oil transmission line located on the lands described in
Exhibit "A" hereto attached.
This easement and the provisions contained therein
shall be binding upon the heirs, successors, administrators,
personal representatives and assigns of the parties hereto.
-2-
34(
•
DESCRIPTION
All those certain lands situated in the County of
Orange, State of California, more particularly described.as
follows:
• PARCEL "D ":
•
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for sewer and road purposes per Superior Court Case No.
24769 shown as "North 76 °32'23" West 1596.18 feet" on a map filed in
Book 65, Pages 31 through 36 of Records of Surveys in the Office of the
County Recorder of said County distant thereon South 76 °32123" East
168.16 feet from the northwesterly terminus thereof: thence
South 3 118127" East 303.61 feet to a tangent curve concave westerly and
having a radius of 515.00 feet; thence southerly along said curve
202.03 feet through a central angle of 22 028137 "; thence tangent from said
curve South 19 010'10" West 445.35 feet to the northeasterly line of the
hereinabove described Parcel "B ".
The sidelines of said strip of land shall be lengthened or shortened so
as to terminate northerly in the southwesterly line of said 30.00 foot ease-
ment for sewer and road purposes and southerly in said northeasterly line
of the hereinabove described Parcel "B".
CONTAINING 0.644 Acres, more or less
EXHIBIT "A"
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•
PARCEL NO. E (Permanent Easement - Oil Transmission
Pipeline and Access)
The property and property rights being acquired as
Parcel E by the condemnor City of Newport Beach, a municipal
corporation (hereinafter referred to as the "City ") from the
condemnees (hereinafter referrer to as the "Owners ") are as
follows:
• A perpetual and non - exclusive easement and right of way
to install, construct, reconstruct, remove and replace,
inspect, maintain, operate, repair, improve and relocate a
pipeline or pipelines with incidental appurtenances and
connections, in, on and under the real property hereinafter
described, and to install, construct, reconstruct, inspect,
maintain, operate, repair, replace, improve and relocate
lines parallel to said pipeline or pipelines; which ease-
ments shall lie in, under and over and across those certain
parcels of real property situated in the County of Orange,
State of California, and more particularly described in Ex-
hibit "A" hereto, and such description by this reference is
made a part hereof as though set forth at length. A plat
showing the location of such easement is attached hereto as
Exhibit "B."
Whenever the term "oil transmission line" is used here-
in, such term shall include the right to construct and main-
tain oil and gas transmission lines parallel to any line
installed pursuant to this easement now or in the future and
shall include the right to construct and maintain all facil-
ities, fixtures and appurtenances thereto.
The rights being acquired herein include the right to
enter upon and to pass and repass over and along said lands,
and to deposit tools, implements and other materials thereon
by the City of Newport Beach or its successors and assigns,
its officers, agents and employees, and by persons or enti-
ties under contract with such City, its successors and as-
signs and their employees, whenever and wherever necessary
for the purpose of laying, constructing, reconstructing, re-
newing, inspecting, maintaining, repairing, enlarging, using
and operating said oil transmission line, together with the
right to use said rights of way for access to the City's
or its successors and assigns' rights of way situated on
adjacent lands.
• The permanent easement and right of way above described
shall be acquired subject to the rights of the property
owners, their successors and assigns, to use the surface of
37
the land within the boundary lines of such easement and
right of way to the extent compatible with the full and free
exercise of said easement and right of way; provided,
however, that the provision of this easement shall not
entitle the property owners to utilize their property in
such a manner as to jeopardize the integrity or safety of
the oil transmission line.
• In addition to the rights being acquired by the City
herein, City shall have a perpetual, non - exclusive easement
and right of way for access purposes over the property
owners' remaining lands to the lands upon which the oil
transmission pipeline herein is situated; such access ease-
ment may be used by City, its successors and assigns and
their employees, whenever and wherever necessary for the
purpose of obtaining ingress or egress to the oil transmis-
sion line easements or any other easements owned by the
City, whether located on the property owners' property or on
other properties, even if such other properties are not
adjacent to owners' property.
This Oil Transmission Pipeline and Access Easement
shall continue for so long as oil, gas, or other hydrocarbon
substances are transmitted in paying quantities through the
oil transmission line located on the lands described in
Exhibit "A" hereto attached.
This easement and the provisions contained therein
shall be binding upon the heirs, successors, administrators,
personal representatives and assigns of the parties hereto.
d�
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DESCRIPTION
All those certain lands situated in the County of
Orange, State of California, more particularly described as
follows:
• PARCEL "E ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at the southeasterly terminus of a course in the centerline of
a 30.00 foot easement for sewer and road purposes per Superior Court
Case No. 24769 shown as "North 76 °32'23" West 1596.18 feet" on a map
filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office
of the County Recorder of said Orange County; thence
North 28 °40'56" West 481.09 feet to a tangent curve concave easterly and
having a radius of 280.00 feet; thence northwesterly along said curve
173.49 feet through a central angle of 35 °3,0'00 ".
The sidelines of said strip of land shall be lengthened or shortened so
as to terminate southerly in the northeasterly line of said 30. 00 foot ease-
ment for sewer and road purposes.
CONTAINING 0.451 Acres, more or less
EXHIBIT "A"
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•
Parcel PP -1 (Above Surface and Subsurface
Oil Production Equipment)
A fee simple interest in certain personal property,
comprising above - surface pumping units, pipelines, electri-
cal facilities, and appurtenant oil production equipment, as
well as subsurface pumps, castings, lines, and rods, more
• particularly described in Exhibits "A" and "B" hereto,
and such descriptions by thin reference are made a part
hereof as though set forth at length. Whenever the term
"above- surface equipment" is used herein, such term shall
describe and include the facilities and appurtenances more
particularly described in Exhibit "A" attached hereto.
Whenever the term "subsurface equipment" is used herein,
such term shall describe and include the facilities and
appertenances more particularly described in Exhibit "B"
hereto attached. The above - surface equipment and subsurface
equipment acquired herein is situated in and upon the lands
described as Parcels A -1 and B -I, and beneath the subsurface
of the lands described as Parcels F and G. The legal
description of the lands upon which the above - surface
equipment is located and beneath which the subsurface
equipment is located is attached hereto as Exhibit "C."
Plats showing the lands upon which the above - surface equip-
ment is located and beneath which the subsurface equipment
is located is attached hereto as Exhibit "D ".
•
Well No. 1
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EXHIBIT "A"
EQUIPMENT
1 Lufkin TC -33TR Pumping Unit, Size 160
1 20 horsepower Fairbanks--Morse Electric Motor
• Well No. 2
1 Lufkin TC -44AR Pumping Unit, Size 114
1 20 horsepower Fairbanks.-Morse Electric Motor
well No. 3
1 Lufkin TC -4415A Pumping Unit, Size 114
1 15 horsepower Westinghouse Electric Motor
Well No. 4
1 Lufkin TC -4415A Pumping Unit, Size 114
1 15 horsepower Fairbanks -Morse Electric Motor
Well No. 5
1 Lufkin TC -44 Pumping Unit, Size 114
1 20 horsepower Fairbanks. -Morse Electric Motor
Well No. 6
1 Lufkin TC44R Pumping Unit, Size 114
1 20 horsepower Fairbanks -Morse Electric Motor
Well No. 7
1 Lufkin TC -2TR Pumping Unit, Size 160
1 40 horsepower Neuman Electric Motor
Well No. 8
1 Lufkin TC 44R Pumping Unit, Size 114
1 20 horsepower Fairbanks -Morse Electric Motor
Well No. 9
• 1 Lufkin TC -44TR Pumping Unit, Size 114
1 20 horsepower Fairbanks -Morse Electric Motor
EXHIBIT "A"
-1-
Well No. 10
1 Lufkin TC -44TR Pumping Unit, Size 114
1 20 horsepower Fairbanks--Morse Electric Motor
Well No. 11
1 Lufkin TC -44R Pumping Unit, Size 114
• 1 20 horsepower Fairbanks-.Morse Electric Motor
Well No. 12
1 Lufkin TC -44TR Pumping Unit, Size 80
1 20 horsepower Fairbanks--Morse Electric Motor
Well No. 13
1 Lufkin TC -ILCR Pumping Unit, Size 228
1 15 horsepower motor
Well No. 14
1 Lufkin TC -114DA Pumping Unit, Size 114
1 15 horsepower Fairbanks - -Morse Electric Motor
Well No. 15
1 Lacy ABA - 456 -30 Pumping Unit, Size 456 (320 air balance)
1 40 horsepower Fairbanks - -Morse Electric Motor
Well No. 16
1 Bethlehem 228- D- 1026HS Pumping Unit, Size 228
1 7.5 horsepower Electric Motor
Miscellaneous Equipment
4300 feet of 4" diameter steel pipeline from Well
Nos. 13, 15 and 16 to tank farm
500 feet of 6' ht. 9 ga. chain link fence
One 600 amp (Square D) master switch for Well Nos. 1
through 12 and 14
EXHIBIT "A"
-2-
Thirteen separate starters and switches for Well Nos. 1
through 12 and 14
One transformer and meter coil can (2' x 3.5' x l' deep)
for Well Nos. 1 through 12 and 14
One meter and switch shed for 200 amp (2inslo) master
switch for Well Nos. 13, 1:, and 16
• Three combined starters and switches for Well Nos. 13,
15 and 16
is
EXHIBIT "A"
-3-
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Oil Well No. 1
EXHIBIT "B"
SUBSURFACE EQUIPMENT
ITEM QUANTITY
20" Casing, Conductor 48'
13 -3/8" Casing 491'
7" Casing, 23 #, J -55 4287'
5 -1/2" Liner, 17 #, Smis 185'
2 -7/8" Tubing 2830'
3/4" Sucker Rods 2310'
7/8" Sucker Rods 1320'
2- 1/2x2xl2 Fluid Packed oil well pump RWK 1
Oil Well No.
ITEM QUANTITY
20" Casing, Conductor 40'
13 -3/8" Casing, 54 #, J -55 499'
9 -5/8" Casing, 36 #, J -55 2818'
7" Casing, 23 #, J -55 3851'
5" Liner, 18 #, N -80, SFJ 131'
2 -7/8" Tubing, 6.5 #, J -55 3330'
3/4" Sucker Rod's 2460'
7/8" Sucker Rods 1020'
2- 1 /2x2xl- 1/4x12 Sargent oil well pump 1
Oil Well No. 3
ITEM QUANTITY
20" Casing, Conductor 48'
13 -3/8" Casing, 54 #, J -55 336'
9 -5/8" Casing, 36 #, J -55 2821'
5 -1/2" Liner, 17 #, J -55' 174'
2 -7/8" Tubing, 6.5 #, J -55 2790'
3/4" Sucker Rods 4230'
2 -1 /2x1- 1 /2x10xl4 Fluid Packed oil well pump 1
EXHIBIT "B"
-1-
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Oil Well No. 4
ITEM
QUANTITY
20" Casing, Conductor
40'
13 -3/8" Casing, 54 #, J -55
313'
7" Casing, 23 #, J -55
2877'
7" Perforated casing, 23 #, J -55
616'
2 -7/8" Tubing, 6.5 #, J -55
3090'
3/4" Sucker Rods
2700'
•
2- 1/2x1- 1/2x8xl2 Sargent oil well pump
1
Oil Well No. 5
ITEM
QUANTITY
20" Casing, Conductor
40'
13 -3/8" Casing, 54 #, J -55
317'
7" Casing, 23 #, J -55
4434'
5 -1/2" Liner, 17 #, J -55
175'
2 -7/8" Tubing, 6.5 #, J -55
3660'
3/4" Sucker Rods
4440'
2 -1 /2x1- 1 /2x12 Sargent oil well pump
1
Oil Well No. 6
ITEM QUANTITY
20" Casing, Conductor 391
13 -3/8" Casing, 54 #, J -55 312'
8 -5/8" Converted Line Pipe, 28.55 #, EW .3544'
8 -5/8" Casing 560
5 -1/2" Liner, 17 #, J -55 48B'
2 -7/8" Tubing, 6.5 #, J -55 4500'
3/4" Sucker Rods 28201
7/8" Sucker Rods 1560'
2 -1 /2x1- 3/4x11 Fluid Packed oil well pump 1
Oil Well No. 7
ITEM QUANTITY
20" Casing, "Conductor 391
13 -3/8" Casing, 54 #, H -40 360'
7" Casing, 23 #, J -55 6257'
5 -1/2" Liner, 19.81 #, J -55 372'
2 -7/8" Tubing, 6.5 #, J -55 6360'
3/4" Sucker Rods 3360'
7/8" Sucker Rods 1620'
1" Sucker Rods 1020'
• 2- 1 /2x10xl- 1/4x13 Fluid Packed oil well pump 1
EXHIBIT "B"
-2-
416 '
•
Oil Well No. 8
ITEM
QUANTITY
20" Casing, Conductor
39'
13 -3/8" Casing, 48 #, H -40
519'
7" Casing, 23 #, J -55
4139'
5 -1/2" Liner, 17 #, J -55
547'
2 -7/8" Tubing, 6.5 #, J -55
4110'
• 3/4" Sucker Rods
3960'
2- 1/2x1- 3/4x10xl2 Fluid Packed oil well pump
1
Oil Well No. 9
ITEM
QUANTITY
20" Casing, Conductor
39'
13 -3/8" Casing, 48 #, H -40
407'
7" Casing, 23 #, J -55
4387'
2 -7/8" Tubing, 6.5 #, J -55
4360'
3/4" Sucker Rods
4530'
2 -1 /2x1- 3/4x12 Sargent oil well pump
1
Oil Well No. 10
•
ITEM QUANTITY
20" Casing, Conductor 40'
11 -3/4" Casing, 42 #, H -40 412'
7" Casing, 23 #, J -55 3120'
2 -7/8" Tubing, 6.5 #, J -55 3360'
3/4" Sucker Rods 3630
2- 1/2x2xl3 Fluid Packed Oil Well Pump 1
Oil Well No. 11
ITEM QUANTITY
20" Casing, Conductor 35'
11 -3/4" Casing, 42 #, H -40 407'
7" Casing, 23 #, J -55 3759'
2 -7/8" Tubing, 6.5 #, J -55 3127'
3/4" Sucker Rods 3060
2- 1/2x2x12 Fluid Packed oil well pump 1
2 -3/811, 4.7 #, EUE Tubing 809'
EXHIBIT "B"
-3-
Oil Well No. 12
ITEM QUANTITY
20" Casing, Conductor 40'
13 -3/8" Casing, 54 #, J -55 442'
9 -5/8" Casing, 36 #, J -55 2257'
7" Casing, 23 #, J -55 2993'
2 -7/8" Tubing, 6.5 ", J -55 3210'
• 3/4" Sucker Rods 2760'
2 -1 /2x1- 3/4x15 Fluid Packed Oil Well Pump 1
Oil Well No. 13
ITEM QUANTITY
20" Casing, Conductor 40'
13 -3/8" Casing, 480, J -55 525'
7" Casing, 23 #, J -55 6013'
2 -7/8" Tubing, 6.5 ", J -55 3920'
3/4" Sucker Rods 4380'
7/8" Sucker Rods 2040'
2- 1/2x1- 3/4x10xl2 Sargent: oil well pump 1
Oil Well No. 14
ITEM QUANTITY
16" Casing, Conductor 40'
11 -3/4" Casing,' 42 #, H -40, 8 jts. 327'
7" Casing, 23 #, J -55, 60 jts. 2549'
4 -1/2 Casing, 11.6 #, J -55, 64 jts. 2085'
2 -7/8" Tubing, 6.5 #, J -55 1696'
2 -3/8" Tubing, 4.7 #, J -55 4140'
3/4" Sucker Rods 2280'
7/8" Sucker Rods 1410'
2x1 - 1/2x16 Fluid Packed oil well pump 1
Oil Well No. 15
ITEM QUANTITY
20" Casing, Conductor 40'
11 -3/4" Casing, 42 #, H -40, 13 jts. 505'
7" Casing, 23 #, J -55, 147 jts. 6120'
2 -7/8" Tubing, 6.5 #, J -55, 200 jts. 3800'
3/4" Sucker Rods 3060'
• 7/8" Sucker Rods 1770'
1" Sucker Rods 1530'
2- 1/2x2xl6 Fluid Packed oil well pump 1
EXHIBIT "B"
-4-
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•
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Oil Well No. 16
ITEM
20" Casing, Conductor
11 -3/4" Casing, 420, H -40
7" Casing, 23 #, J -55
2 -7/8" Tubing
Sucker Rods
Oil Well Pump
EXHIBIT p1B"
-5-
QUANTITY
40'
511'
6622'
3750'
1
•
All those certain lands situated partly in the City of Newport Beach
and partly in the unincorporated territory of the Countv of Orange,
State of California, r.:ore particularly described as follows:
PARCEL "A -1 ":
Beginning at the northerly terminus of that certain course in the
existing Newport Beach City Boundary shown as "South 4 °31133" East
439. 65 feet" on a map filed in Book 65, Pages 31 through 36 of Records
of Surveys in the Office of the County Recorder of said County; thence
South 77 000103" West 81.09 feet to the centerline of the ,Santa Ana River
as per Superior Court Case No. 22797 as shown on said map filed in
Book 65, Pages 31 throuffh 36 of Records of Surveys; thence along said
centerline South 1 038110 West 511.88 feet and South 10 047151 ". East
116.83 feet to a point on a non - tangent curve in the northerly line of West
Coast Highway concave northerly and having a radius of 950. 00 feet, a
radial line from said point bears North 19 °21127" East; thence easterly
along said curve and northerly line 205.31 feet through a central angle
of 12° 22' 57" to the boundary line of the land described in the parcel
entitled "EXHIBIT II TO SUBSURFACE EASEMENT" recorded in Book
2627, Page 86 of Official Records of said County; thence non - tangent from
said curve along said boundary line South 200 11'42" East 100. 94 feet to
the northwesterly terminus of the course shown as "North 60 °26128" West
576.24 feet" and entitled "North line of Mean High Tide, Rec. 9/19/28,
BIC. 201 -253, O.R., Ora. Co, Sup, Court Case No. 23686" on a map
filed in Book 27, Page 47 of Records of Surveys in the Office of the
County Recorder of Orange County, California; thence along said afore-
mentioned course and boundary line South 60 °28'13" West 3 52. 53 feet;
thence leaving said course and boundary line North 12 059157" West
441.33 feet; thence South 77 °00'03" West, 60.00 feet; .thence
North 12° 59' 57" West, 599.49 feet to a line which bears
North 77000103" East from the POINT OF BEGINNING; thence
South 77 000103" West, 181.43 feet to the POINT OF BEGINNING.
CONTAINING 6.889 Acres, more or less
PARCEL "B -1 ":
Beginning at a point in that certain course in the existing Newport Beach
City Boundary shown as "South 68 °22'45" East 756.00 feet" on a map filed
in Book 65, Pages 31 through 36 of Records of Surveys in the Office of
the County Recorder of said County distant thereon South 68 022145" East
280.00 feet from the northwesterly terminus thereof; thence
South 21 037115" West 61.43 feet to the centerline of the Santa Ana River
as per Superior Court Case No. 22797 as shown on said map filed in
Book 65, Pages 31 throuffh 36 of Records of Surveys; thence along said
centerline South 66 °42120 East 400.17 feet; thence leaving said center-
line North 21° 37'16" East 323.11 feet; thence North 68-22145" West,
400.00 feet to a line which bears North 21 037'15" East from the POINT
OF BEGINNING; thence South 21 °37'15" West 250.00 feet to the POINT
OF BEGINNING.
CONTAINING 2.913 Acres, more or less
EXHIBIT "C"
• PARCEL "C -1 ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows:
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for sewer and road purposes per Superior Court Case No.
24769 shown as "North 76° 32' 23" West, 1596.18 feet' on a mapfiled in Book
65, Pages 31 through 36 of Records of Surveys in the Office of the County
Recorder of said County distant thereon South 76 032123" East 148.00 feet
•from the northwesterly terminus thereof; thence along said centerline as
_ shown on said record of survey map through the following courses:
South 76 032123" East 1448.18 feet; thence South 32 °55'45" East
521.40 feet; thence South 27 015115" East 595.00 feet; thence
South 14 °36145" East 264.00 feet; thence South 5 °33145" West
217.00 feet; thence South 12° 59' 57" East 585.03 feet to the northwesterly
line of the hereinabove described Parcel "A -1 ".
CONTAINING 2.500 Acres,'more or less
PARCEL "D ":
A strip of land 30.00 feet in width, the centerline of which is described
as follows.
Beginning at a point in that certain course in the centerline of a 30.00
foot easement for sewer and road purposes per Superior Court Case No.
24769 shown as "North 76 °32'23" West 1596.18 feet" on a map filed in
Book 65, Pages 31 through 36 of Records of Surveys in the Office of the
County Recorder of said County distant thereon South 76 032123" East
168.16 feet from the northwesterly terminus thereof: thence
South 3 °18'27" East 303.61 feet to a tangent curve concave westerly and
having a radius of 515.00 feet; thence southerly along said curve
202.03 feet through a central angle of 22 °28'37 "; thence tangent from said
curve South 19 010110" West 445.35 feet to the northeasterly line of the
hereinabove described Parcel "B ".
The sidelines of said strip of land shall be lengthened or shortened so
as to terminate northerly in the southwesterly line of said 30. 00 foot ease-
ment for sewer and road purposes and southerly in said northeasterly line
of the hereinabove described Parcel "B ".
CONTAINING 0.644 Acres, more or less
EXHIBIT "C"
0
PARCEL "E ":
A strip of land 30, 00 feet in width, the centerline of which is described
• as follows:
Beginning at the southeasterly terminus of a course in the centerline of
a 30.00 foot easement'for sewer and road purposes per Superior Court
Case No. 24769 shown as "North 76 °32123" West 1596.18 feet" on a map
filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office
of the County Recorder of said' Orange County; thence
North 28 °40'56" West 481.09 feet to a tangent curve concave easterly and
having a radius of 280.00 feet; thence northwesterly along said curve
173.49 feet through a central angle of 35 030100 ".
The sidelines of said strip of land shall be lengthened or shortened so
as to terminate southerly in the northeasterly line of said 30. 00 foot ease-
ment for sewer and road purposes.
CONTAINING 0.451 Acres, more or less
PARCEL "F"
Beginningat the intersection of the northeasterly prolongation of the center-
line of 61st Street, 30 feet in width, as shown on a map of the "Ocean Front
Tract, Newport Beach" recorded in Book 4, Page 12 of Miscellaneous
Maps in the Office of the County Recorder of said County with the north-
easterly boundary line of said 'Ocean Front Tract ", said point of begin-
ning being a point in the boundary line of the land described in the parcel
entitled "EXHIBIT II TO SUBSURFACE EASEMENT" recorded in Book
2627, Page 86 of Official Records of said County; thence along said
last mentioned boundary line through the following courses:
North 35 007135" East, 120.05 feet to the intersection of the southwesterly
prolongation of the centerline: of 61st Street as shown on a map of "River
Section, Newport Beach" recorded in Book 4, Page 25 of said Miscellaneous
Maps with the Southwesterly boundary line of said "River Section ", said
southwesterly boundary line being the southwesterly right -of -way tine of
the Southern Pacific Railroad; thence along said southwesterly prolongation,
said centerline and the northeasterly prolongation thereof
North 34 024157" East, 901.10 feet to an intersection with the Newport
Beach City Boundary as shown on a map filed in Book 65, Pages 31 through
36 of Records of Surveys in the Office of the County Recorder of said
County; thence along said city boundary South 1 °36'30' West, 244.09 feet
to an angle Point therein; thence continuing along said city boundary
South 4 °31'33' East, 439.65 feet to an angle point therein; thence continuing
along said city boundary and the southeasterly prolongation thereof
South 200 11142" East, 370. 59 feet to the northwesterly terminus of the
course shown as "North 60 026'28" West 576.24 feet" and entitled "North
Line of glean High Tide, Rec. 9/19/28, Bk. 201 -253, OR, Ora. Co. Sup.
Court Case No. 23686" on a map filed in Book 27, Page 47 of said Records
EX17IBIT °C'"
•
of Surveys, which point is in the Southerly line of the 80 foot California
State Highway as descrih,,!! in a deed recorded in Book 508, Page 65
of Deeds, records of ssl_; County, said point being South 83 °17115" East
as measured along said Southerly line 115.62 feet from its intersection
with the centerline running North and South through Section Twenty -nine,
• Township Suc South, Range Ten West, S. B. M. ; thence along said course
South 60 028'13" East, 468.00 feet; thence South 11 °00112" West, 396.95
feet to the intersection of the southwesterly prolongation of the South-
easterly line of Lot 5 in Block 54 of said 'Ocean Front Tract, Newport
Beach" with the centerline of Ocean Front (formerly Ocean Avenue)
as said street is shown on said.map of the "Ocean Front Tract "; thence
South 11 °00'12" West, 248.30 feet, more or less, to an intersection with
the ordinary low watermark of the Pacific Ocean; thence along said ordinary
low water mark North 58 049'05" West, 1010.89 feet to an intersection
with the southwesterly prolongation of the northwesterly line of Block A -58
as shown on said map of the ' Ocean Front Tract "; thence continuing along
said ordinary low water mark North 590 10'05" West. 420.38 feet to an
intersection with the southwesterly prolongation of the northwesterly line
of Block A -60 as shown on said map of the "Ocean Front Tract "; thence
along said southwesterly prolongation, said northwesterly line of Block
A -60 and the northeasterly prolongation thereof and the centerline of
said 61st Street and the northeasterly prolongation thereof
North 330 29`45" East, 376. 20 feet, more or less, to the point of beginning.
CONTAINING 23.404 Acres, more or less
PARCEL "G"
Beginning at the intersection of the centerline of Ocean Front (formerly
Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract
recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the
County Recorder of said County with the northwesterly boundary line of
the City of Newport Beach, said northwesterly boundary line being the
southeasterly line of Summit Street, 30.00 feet in width, as shown on said
map of the Seashore Colony Tract, said point of beginning being a point in
the boundary line of the land described in the parcel entitled EXHIBIT A
TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of
Official Records of said County; thence along said last mentioned boundary
line through the following courses: along said northwesterly boundary
line of the City of Newport Beach North 35° 57130" East 472.31 feet to the
centerline of the Santa Ana River as described in Case No. 22797 of
EXHIBIT "C"
.-3
0
the SuperiorCourtof the State of California in and for the County of Orange
and as shown on a map filed in Book 65, Pages 31 through 36 of Records
of Surveys in the Office of the County Recorder of said County;
thence along said centerline South 78 °00'22" East, 515170 feet and
South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line
dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a man
recorded in Book 23, Pages 5 and 6 of said Miscellaneous Maps; thence
• along said northerly prolongation, said dividing line and the southerly
prolongation thereof South 7° 44'51" West 148. 87 feet to a point on a curve
in the centerline of Canal Street as said street is shown on said map of
Tract No. 772, said curve being concave northerly and having a radius
of 685.00 feet; thence easterly along said curve and centerline 10. 63 feet
through a central angle of 0'53'21" to the centerline of Fern Street as
said street is shown on said map of Tract No. 772; thence along said
centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north-
westerly prolongation of the northeasterly line of Lot 10 in Block 8 of
said Tract No. 772; thence along said northwesterly prolongation, said
northeasterly line of Lot 10 and the southeasterly prolongation thereof
South 54 009100" East, 104.94 feet to the centerline of the 10 foot alley
in said Block 8; thence along said centerline of the 10 foot alley
South 35 °51'00" West, 90.00 feet to the southwesterly line of said Tract
No. 772 and a point in the centerline of the 10 foot alley in Block 8 of
said Seashore Colony Tract; thence ' along said centerline of the 10 foot
alley in Block 8 South 35 °47111" West, 120.00 feet to the northwesterly
prolongation of the northeasterly line of Lot 4 in Block 8. of said Sea-
shore Colony Tract; thence along said northwesterly prolongation, said
northeasterly line and the southeasterly prolongation thereof
South 54 °09100" East, 114.93 feet to the centerline of Orange Street as
said centerline is shown on said map of the Seashore Colony Tract; thence
along said centerline and the southwesterly prolongation thereof
South 35 047130" West, 137.17 feet to the northeasterly right -of -way line
of the Pacific Electric Railway, being the northeasterly line of Tract
No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26
of said Miscellaneous Maps; thence along said northeasterly right -of -way
line South 54'02'30" East, 118. 67 feet to the northeasterly prolongation
of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract;
thence along said northeasterly prolongation, said dividing line and the
southwesterly prolongation thereof South 35° 57'30" West, 276. 10 feet to
said .centerline of Ocean Front as said street is shown on said map
of the Seashore Colony Tract; thence along said centerline
North 550 51'30" West, 1520. 68 feet to the POINT OF BEGINNING.
0
CONTAINING 21.383 Acres, more or less
EXHIBIT "C"
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