HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcel S-12S vEVSe��,'S190, GG
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85- 0!0'45
WORED
OF ORANGE IN OFFICIAL REC RNI
COUNTY. CALIFOA
PM
- — JAN 9'85
co~v
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard EXEMPT
Newport Beach, California 92663 C 4
LEAt]: tpL PutsuanL Lo Gov.. Lone �6iu3j
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
DOCUMENTARY TRANSFER TAX
. . .Computed on the con-
sideration or value of
property conveyed.
. . .Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS- THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
Elma M. Bradley and Michael McBride
hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a
municipal corporation, and its successors and assigns, a per-
petual 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 that
certain real property hereinafter described in which Grantor
has reserved the right to control subsurface pass- through
easements ( "Grantor's real property" herein) at a depth not
less than Four Hundred (400) feet measured vertically below
the surface thereof, a well or wells for the purpose of ex-
ploring for and /or producing oil, gas and /or other hydrocar-
bon substances; the easement and right of way granted herein
shall lie under that certain parcel of real property situated
in the City of Newport Beach, County of Orange, State of
California, and more particularly described in Exhibit "A" to
this Deed and such description by this reference is made a
part hereof as though set forth at length.
The rights granted herein to Grantee are for the purpose
of drilling for, producing, extracting, taking, and removing
SUBSURFACE PASS - THROUGH EASEMENT, Page 1
MAIL TAX STATEMENTS TO RETURN ADDRESS 04"E
- 83-00.
oil, gas and other hydrocarbon substances by means of slant
holes or wells drilled through and beneath the lands de-
scribed in Exhibit "B," which by this reference is made a
part hereof as though set forth at length, into tide waters
beneath the Pacific ocean and connecting waters; provided,
however, that the proN,isions of this instrument shall not
entitle the Grantee, in any of its operations hereunder, to
use any pact of the urantor's real propery between the sur-
face of the lands described in Exhibit "A" attached hereto
and the depth above - specified, or to bottom any well within
the boundaries of the Grantor's real property. A plat show-
ing the area affected by such easement is attached hereto as
Exhibit "C." -
This grant is made on the condition that Grantee, in its
drilling and production operations, shall use and install
materials of good quality and condition, and all wells shall
be drilled and maintained by Grantee in the best workmanlike
manner and in accordance with good oil field practice, and
all water sands encountered therein shall be, effectively and
in a proper manner, plugged off; all drilling and other oper-
ations of Grantee 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 prop-
erty of Grantor; and Grantee shall take all reasonably neces-
sary precautions to prevent the discharge or escape of mud,
oil, debris or other matter onto the beach or adjoining prop-
erty or into the waters of the Pacific Ocean.
Grantor further makes this grant on condition that
Grantee, as compensation for the easement and right of way
gran tc4 hereunder, shall pay to Grantor _ sum equal to such
proportionate share of three and two hundred seventy -five
thousandths percent (3.275 %) of the market value of all oil,
gas and other hydrocarbon substances produced, saved.and sold
by means of any and all oil wells drilled and /or operated by
Grantee during the term hereof under and through any part or
parts of the lands described in Exhibit "B" hereto and bot-
tomed beyond the outer boundaries described in Exhibit "B,"
as the square footage of Grantor's real property, as de-
scribed in Exhibit "A ", bears to the total square footage of
the lands lying within the outer boundaries of Exhibit "B,"
excluding public streets and highways owned in fee simple by
the City of Newport Beach and also any lands owned in fee
simple by the City of Newport Beach, and further excluding
streets and lands lying within the former Pacific Electric
Railway Company right of way; provided, however, that Grantor
shall not be entitled to any compensation based upon oil lost
through evaporation, leakage, or otherwise, or upon gas used,
consumed or lost in extraction of gasoline, or upon any oil
or gas used in connection with any well drilled or operated
hereunder, or upon any gas which is used for represurring any
oil bearing formation in an attempt to further production
from any and such well or wells; nor shall Grantee be obli-
gated hereunder to save any gas, except as there is a reason-
able market and value for the same.
Grantee shall be entitled to deduct from the compensa-
tion hereunder the Grantor's proportionate share of any min-
eral rights, severance, production or other similar tax which
may be levied against or in connection with the production
upon the basis of which such compensation is to be so paid,
SUBSURFACE. PASS - THROUGH EASEMENT, Page 2
::: ::: • n- -or' ?04
or the wells yielding such production, or the lands from
which the same is produced, and the Grantor's proportionate
share of the cost of treating and transporting for treatment
any unmerchantable oil upon the basis of which compensation
is paid hereunder. For the purpose of this Subsurface Pass -
Through Easement, "the cost of treating and transporting for
treatment any unmerchantable oil" mentioned in the preceding
sentience shall be deemed to be the actual cost thereof, but
not to exceed ten cents (50.10) per barrel of net oil.
Grantee shall make all payments hereunder to Grantor by
check payable to Grantor mailed to the address set forth
below not later than the twenty -fifth - (-25th) day of April,
July, October, and January with respect to all compensation
accrued during the three preceding calendar months; provided,
however, that Grantee shall be entitled to continue to mail
compensation payments hereunder to that address set forth
below until notified by Grantor in writing of any change in
the address to which such payments hereunder are to be sent;
provided, further, that whenever any such payment is less
than Ten Dollars ($10.00), Grantee may defer payment of the
same until the amount accumulating thereto shall be at least
equal that amount; and provided further, that Grantee shall
not be required to issue more than one check per payment
period in payment of all of the interests in and to any par-
ticular lot and parcel, or any two or more lots or parcels
now owned by the same Grantor or group of Grantors. No
change in the ownership of land or interests covered by this
Subsurface Pass - Through Easement and assignment or transfer
by operation of law, or otherwise, in whole or in part of the
compensation shall be binding upon Grantee until Grantee or
its successor: and assigns have been furnished with written
evidence thereof satisfactory to Grantee.
Grantor hereby agrees that should it be determined that
Grantor does not own the rights granted herein, Grantee's
obligation to pay the consideration provided for hereunder
shall terminate, and Grantee shall be entitled to recover the
amounts of compensation previously paid to Grantor. Further-
more, if it should be determined that Grantor owns less than
all of the rights to provide Grantee the easement right and
right of way conveyed herein, Grantee shall be entitled to
accept such rights as are granted herein by Grantor, and pro-
rate the compensation accruing to Grantor accordingly.
Grantor hereby agrees that Grantee reserves the right to
terminate the Grantor's compensation herein. in the event
Grantee is presented with substantial claims of rights by
others to be included in the community easement compensation
pool or in the event other members of the community easement
pool challenge Grantor's rights to participate in the propor-
tionate compensation formula established for the area set
forth in Exhibit "C."
Grantor further understands the purpose for which this
Grant is being made and Grantor, for itself, its successors
and assigns, hereby waives any claim for and all damage to
such Grantor's property or remaining property contiguous to
the Grantor's real property interests hereby conveyed for the
purposes described herein.
SUBSURFACE PASS - THROUGH EASEMENT, Page 3
83- 00?464
This Subsurface Pass - Through Easement 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.
IN WITNESS WHEREOF, this Subsurface Pass- Through E se-
ment has been executed this day of ��LG�hr I, 198
Social Security No.
- 5 -N CrI�1 ZR3�
Social Security No.
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
Elma M. Bradley
—2 Avenida Sevi a,
Laguna HI , Ualli
92653
d.
Elma M. Bradley
Z'
ichael McBride
Grantor
SUBSURFACE PASS - THROUGH EASEMENT, Page 4
0
83- 0017464
Bradley- McBride Parcel
Parcel 5 -12
LEGAL DESCRIPTION
Lot 3, Block 160, River Section, Newport Beach, as per map
recorded in Book 4, page 25 of Miscellaneous Maps.
EXHIBIT "A"
r •
85- 007464
SCRIPTION
Oxbow Oil Production Condemnation
All those certain lands situated partly in the City of Newport Beach
and partly in the unincorporated territory of the County of Crange, '
State of California, more particularly described as follows:
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 -
eastetlly 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 °07'35" 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's recorded in Book 4, Page 2.5 of said Miscellaneous
Maps with the Southwesterly boundary line of said "River Section ", said
southwesterly boundary line being the southwesterly right -of -way line of
the Southern Pacific Railroad; thence along said southwesterly prolongation,
said 'centerline and the northeasterly prolongation thereof
North 34 °2 4'57" 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 Count Recorder of "said
County; thence along said city boundary South 1 °36'30' West; 244.09 feet
to an angle �oint 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 °26'28" West 576.24 feet" and entitled "North
Line of Mean 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
of Surreys, which point is in the Southerly line of the 80 foot California
State Highway as described in a deed recorded in Book 508, Page 65
of Deeds, records of said County, said point being South 83-17'15" 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 Six South, Range Ten West, S. B. M.: thence along said course
South 60 °28'13" East, 468.00 feet; thence South 11 °00'12" 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 11 000'12" Wust, 248.30 feet, more or less, to an intersection with
the ordinary lo%v watermark of the Pacific Ocean; thence along said ordinary
low water mark North 58 049'05 ". West, 1010.89 feet to an intersection
EXHIBIT "B" - Page 1
8r- 007464
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 59010105" West, 420.38 feet to an
in with the southwesterly prolongation of the northwesterly lire
of Block : % -GO as shown on said map of the "Ocean Front Tract "; thence
along said so _ithweste:.]y 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 33 °29'45" East, 376.20 feet, more or less, to the point of beginning.
CONTAINING 23.404 Acres, more or less
EXHIBIT "B" - Page 2
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EXHIBIT "C”
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STATE OF CALIFORNIA
COUNTY OF DRAA CE _ SS.
On December 25-'--j'9 8-4 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared El MA M R R A RI F Y
known to me
to be the person whose nam i t ssubscribed to the
within instrument and acknowledged that_ -ji -e — executed the
same. `-- --
STATE OF CALIFORNIA
0
n7r,rt d
j i 4
SAFECO
FOR NOTARY SEAL OR STAMP
RKATHL 7EtN LSEAL
EELEER SAKATA
C - CALIFORNIA
COUNTr irusJV nn i. + °P'k
COUNTY OF TULARE )` SS.
On December 261 1984 before me. the undersigned, a Notary Public in and for
said State, personally appeared MICHAEL MCBRIDE
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person whose name 1s subscribed to the
within instrument and .acknowledged that h f, exe-
cuted the same.
WITNESS my hand and official seal. \
Signature
_a 1
M,
OFFICIAL SEAL �I
KAREN M. NEILL ,
NOTARY P.BLIC CA - •� 4
PRINCIPAL OFFICE IN
TULARE COUNTY
My Commission Expires June 7, 1985
(This area for official notarial seal)
CERTIFICATE OF ACCEPTANCE
Government Code Sec. 27281
This is to certify that the interest in real property
conveyed by the Deed as set forth above to the CITY OF
NET2ORT BEACH is hereby accepted by the undersigned officer
or agent on behalf of the City Council of such City pursuant
to authority conferred by an adopted resolution by the City
Council dated to R , and the Grantee consents
to recordation tnereoi by its duly authorized officer or
agent.
IN WITNE S WHEREOF, I �ayg hereunto set my hand this
day of �. `-r t 19hs.
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5