HomeMy WebLinkAboutC-1391 - Sale of crude oilCITY OF NEWPORT BEACH
CALIFORNIA
6 7v
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE August 3, 1971
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1391
Description of Contract Sale of Crude Oil
Authorized by Resolution No. 7502 , adopted on 7 -26 -71
Effective date of Contract July 2, 1971
Contract with Qlamplin Petroleum Company
Address 444 Houston Natural Cas
Houston, Texas 77002
Amount of Contract see contract
city Clerk
0
October 29, 1971
Mr. R. Armstrong
P. 0. Box 1546
Newport Beach, CA 92663
46
Enclosed is a copy of the agreement between Champlin
Petroleum Cogmy and the City of Newport Beach for
the purchase of crude oil. This agreement was authorized
by the City Council by the passage of Resolution No. 7502
on July 26, 1971.
,aura Lagios
City Clark
LL:swk
enc.
cc: City Attorney
Assistant City Manager
40
August 3, 1971
Champlin Petroleum Company
444 Houston Natural Gas Building
Houston, Texas 77002
Attention: Mr. Kenneth A. Potter, Manager
Crude Oil Trading
Dncicsed is a copy of the agreement with the City of
Newport Beach for the puzrhase of crude oil. This
agreement was authorized by the Ci*y Ccunoil lv the
passage of Resolution No. 7502 on July 26, 1971.
Doris M. George
Deputy City Clerk;
DM:swk
enc.
a
CRUDE OIL PURCHASE ALES CONTRACT
ORIGINAL,
�Ty
IIIIS CDNi ?ACT. dated this 2nd _day of Julys 1971,
by and between CITY OF HEWFOM MAM as first party, hereinafter called
the Seller. and CHAWLIN PETRZOLEMI COMPANY, a corporation, as socond party,
hereinafter called the Buyer,
VITNESSETH:
1. TERM. The term of this Contract shall commence on the. 1st
day of August. 1971, and shall end on the 31st day of July, 1972. This
Contract is also subject to termination at the option of Buyer under the
circumstances set forth in paragraph 14.
2. QUANTITY. The Seller hereby sells and agrees to deliver to
the Buyer all the crude petroleum oil (herein called the "Crude "), subject
to the maxisaaa limitation set forth in paragraph 12 hereof of a gravity of
not less than seventeen (17') degrees A.P.I. at a temperature of sixty de-
grees Fahrenheit produced during the term hereof by the Seller from the
properties situated in the Wilmington oil field on property more particularly
described in paragraph 3 hereof.
3. PROPERTY DESCRIPTION. The description of the property in-
ctuded within the terms and provisions of this Contract is set forth at
length in Exhibit One, attached hereto and made a part hereof.
4. GUARANTEE. The Seller represents that the Crude to be pro-
duced from the above property and the right of the Seller to deliver same
are free and clear of encumbrance or other obligation, and Seller hereby
warrants title to all Crude delivered hereunder. Seller agrees to indemnify
and hold harmless the Buyer from all loss, damage, cost or liability which
it may sustain by reason of any encumbrance or other obligation affecting
the right of the Seller to produce, sell or deliver crude, or by reason
of the title to Crude not being in the Seller or by reason of Crude not
having been produced in strict compliance with all applicable laws, and
rules and regulation issued thereunder.
5. DELIVERY. All deliveries hereunder are to be made from the
tankage of Seller situated an the property described in paragraph 3 hereof
and either (i) into the pipeline facilities of Standard Oil Company of Calif-
ornia. Western Operations, Inc., for the account of Buyer, or (ii) into tank
trucks nominated by Buyer as specified in paragraph 14 thereof. All deliveries
made under this agreement shall be gauged either in the tankage of the Seller
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or through appropriate LACT units. Delivery shall not be considered made
nor shall title to Crude pass to Buyer until crude has been delivered into
pipeline or tank truces nominated by Buyer. When required by Buyer. the
Seller will deliver ail crude of a gravity under twenty degrees (20 °) A.P.I.
at a temperature not less than one hundred degrees (1000) Fahrenheit nor
more than one hundred seventy degrees (170 °) Fahrenheit: the proper tempera-
ture within this range being dependent upon the gravity of the Crude. Buyer
will advise Seiler of the proper temperature.
6. GRAVITY. The gravity of the Crude delivered hereunder shall
be determined in accordance with A.S.T.H. 287 in its latest revision.
7. B. S. 8 W. The B. S. 1 W. content of the Crude delivered
hereunder shalt be determined in accordance with A.P.I. Standard 2500 in Its
latest revision. using such mutually satisfactory cutting solution as will
fully precipitate the B. S. ! W. determined in the Crude by the above tests.
buyer shall make a deduction for all B. S. 3 W. as determined by the tests
heminabove mentioned. Buyer shall have the right to refuse to accept any
Crude containing in excess of three percent (3f) B. S. A W. In the event
Buyer agrees to accept Crude in excess of three percent (3t) B. S. d W..
then Buyer shall charge a dehydration charge and Seller agrees that said
charge can be deducted by Buyer from payments hereunder.
8. TEMPERATURE. Sixty degrees (600) Fahrenheit is established
as the normal temperature for all crude delivered hereunder. Correction in
volume for Crude delivered at temperatures other than sixty degrees (600)
Fahrenheit shall be made according to the "Standard Abridged Volume Correction
Table for Petroleum Oils" A.S.T.H. designation 0- 206 -36.
4. SAMPLES. All samples for testing shalt be taken from delivery
tanks or from the automatic sample container on the LACT unit and shalt re-
present a composite of the crude oil to be delivered hereunder.
It is expressly understood and agreed that Buyer shall not be re-
quired to accept any Crude produced in violation of the orders of any properly
constituted State or Federal authority or produced in excess of the quotas
fixed from time to time by any reasonable conservation or curtailment program
or fixed by the Oil Umpire or any deputy umpire of the State of California.
10. TESTING. Buyer shall notify Seller prior to conducting gravity
or B. S. 6 W. tests. Tests shall be conducted in the presence of a represents-
tive of the Seller if the Seller so requests.
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11. MAXIMUM! LIMIT.
Buyer shall not be required to accept Crude
under this Contract in excess of fifteen thousand (18,000) barrels during any
one month. In the event the total quantity of oil available for delivery in
any one month should exceed the fifteen thousand (15,000) barrels specified
herein, Seller shall notify Buyer of such excess. Within ten (10) days after
such notification by Seller, Buyer shall advise Seller in writing whether it
is willing to accept the excess in accordance with the teams of this agreement
or is declining to purchase the sans. In the event Buyer declines to purchase
the excess, Seller may make the surplus quantities available to any other
buyer.
12. INTERRUPTION OF DELIVERIES OR RECEIPTS. In the event of any
temporary interruption of the operations of Seller by reason of or caused by
or arising out of strikes, fires, washouts, sanding of wells. breakage of
equipment, tankage or pipe lines, war, declared or undeclared, inevitable cause,
or any cause whatsoever, not under the control of Seller, the Seller shall not
be required to deliver Crude hereunder during the period of such temporary
Interruption, but deliveries shall cwemenee immediately upon the cessation of
such temporary interruption. In the event of the total or partial temporary
interruption of the business of the Buyer by reason of or caused by or arising
out of any of the aforesaid causes, or any cause whatsoever, not under the
control of the Buyer, the Buyer shall not be required to receive any Crude here-
under during the period of such temporary interruption but receipt thereof
shalt commence imnmediately upon cessation of such temporary interruption.
13. PRICE. For all crude oil delivered hereunder by Seller Into
the facilities of Standard Oil Company of California, Western Operations, Inc.,
pipeline! system for the account of Buyer, Buyer agrees to pay and Seller agrees
to accept the price posted by Standard Oil Company of California, Western
Operations, Inc., for crude oil of like volume and gravity as posted by Stan-
dard Oil Company in their Schedule #149 dated November 24, 1970, for Newport
(other than Anaheim Sugar area) listed in Column 1 of the above Schedule.
From time to time and as often as Standard Oil Company, for any reason, refuses
to accept for the account of Champlin, crude oil from the properties as des-
cribed in this agreement and it is necessary for Champlin to purchase and move
the crude by tank truck, then the price which Buyer agrees to pay and Seiler
agrees to accept will be the price as listed above less the cost to Buyer of
the tank truck movement from the lease tanks to Buyer's Wilmington, California
refinery.
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14. IRREGULAR DELIVERIES. If at any time Crude offered for
delivery hereunder shall not be within the limitations and specifications
herein prescribed, Buyer, at its option, may accept such.Crude, but no
such acceptance shall be deemed a waiver of Buyer's right at any time
thereafter to require deliveries hereunder to strictly conform to the
herein limitations and specifications, or the Buyer's right to thereafter
refuse to accept oil not conforming to said limitations and specifications.
15. PAYMENT. All payments for Crude delivered hereunder shall
be made to Seller or to Seller's assignee named in a written assignment
which has actually been received by Buyer at the time payment is due hero-
under.
Such payment for Crude delivered hereunder in any calendar month
shall be made on the twentieth (20th) day of the following month. If, It
the time any payment is due but unpaid, a conflicting claim or claims are
or may be made against Buyer as to title of Seller or Seller's assignee to
any Crude delivered hereunder or any part thereof or any payment due here-
under or any portion thereof, Buyer may, (i) withhold all payments then and
thereafter becoming due pending final determination of the rights of con-
flicting claimants or (ii) file an appropriate action in interpleader and
thereafter discharge all further obligations to make payments hereunder,
by paying the Court the amount of any withheld payments as.well as all
payments thereafter becoming due. A conflicting claim or claim shall be
deemed to exist whenever Buyer has reason to believe that there is any de-
fect in Seller's title to the Crude produced from the property described in
Paragraph 3, including but not limited to any attachment or any lien asserted
on any Crude delivered hereunder or any payment therefor otherwise due here-
under. In the event that such conflicting claim exists at any time then
Buyer may terminate this Contract by thirty days' written notice to Seller.
In the event there shall be imposed by any properly constituted governmental
authority, a sales tax in addition La any such taxes as now existing, Seller
agrees to pay the same, further agreeing that if they be not paid by Seller,
they may be paid by Buyer and deducted from the amount of payments otherwise
due hereunder.
•
16. NOTICES.
11
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Any notice required or desired to be served
hereunder army be served by registered U. S. Mail, postage prepaid with
return receipt requested and addressed to the parties hereto at the
addresses indicated below or at such address as either party may desig-
nate by notice to the other:
Champlin petroleum Company
444 Houston Natural Gas Building
Houston, Texas 77002
City of Newport Beach
3300 Newport Boulevard
Newport Beach. California 92660
Notice by mail shall be deemed served on the expiration of the second
business daffy following mailing.
Everything herein contained which binds or affects the parties
hereto shall in like manner bind and affect their respective successors
and assigns.
IN WITNESS WHEREOF, the said parties hereto have caused this
Contract to be executed in duplicate.
ATTEST:
Deputy City rk
CHAMPLIN PETROLEUM COMPANY
B
Maanag- er,`Gru a U11 Trading
CITY OFF NEW'POff BEACH
yor
EXHIBIT ONE
All those certain uplands, tidelands, sub-
merged lands and filled lands owned by the City of Newport Beach,
lying between the southwesterly prolongation of the southeasterly
line of 53rd Street, as said 53rd Street is laid out and shorn upon
a map of Ocean Front Tract, Newport Beach, recorded in Book 4, page
12 of Miscellaneous Maps, records of Orange County, California, and
the westerly boundary line of the City of Newport Beach, and south-
westerly of the Northeasterly line of Ocean Front, formerly Ocean
Avenue, as said Ocean Avenue is laid out and shown upon said map of
Ocean Front, and map of Seashore Colony Tract, recorded in Book 7,
page 25 of Miscellaneous Maps, records of said County.
RE�C1,¢7IQN )O. 7502
A RESOLVW OF THE CITY COUNCIL OF TUB CITY
OF =fPO BEACH AUTHORIZING THE MMCUTION OF
All. AGREEPM?r BETWEEN THR CITY OF NWWORT BYACH
AND CHAYPLIN )rT;TROLEUM CQ1 V)UW FOR 'THL PURCHASE
OF CRUD: OIL
REAS, there ha "-been presonted.to the City Council
of the City of Newport Beach a certain contract between the
City of Newport ".3eacth and Champlin Petroleum Company for the
purchase Of crude oilj and
U'1-OREAS, the City Council has considered the terms and
conditions of said contract and found them to be fair and
equitable t
NCO, THEREFOR$, BN IT RESOLVED that said contract for
the purclmae-of crude oil is approved, and the Mayor and City
Clark are hereby authorized and directed to execute the same on
behalf of the City of Newport Beach,
ATTiST:
ADOPTED this 26th day of July , 1971
li�
Mayor
CRUDE OIL PURCHASE /SALE CONTRACT
THIS CONTRACT, dated this 2nd day of July 1971,
by and between ARMSTRONG PETROLEUM CORPORATION as first party, herein-
after called the Seller, and CHAMPLIN PETROLEUM COMPANY, a corporation,
as second party, hereinafter called the Buyer,
W I T N E S S E T H :
1. TERM. The term of this Contract shall commence on
August 1, 1971, and shall end on July 31, 1972. This Contract is also
subject to termination at the option of Buyer under the circumstances
set forth in paragraph 14.
2. QUANTITY. The Seller hereby sells and agrees to deliver
to the Buyer and the Buyer agrees to purchase and receive all the crude
petroleum oil (herein called the "Crude"), subject to the maximum limita-
tion set forth in paragraph 10 hereof of a gravity not less than seventeen
(111 degrees A.P.I. at a temperature of sixty degrees Fahrenheit produced
during the term hereof by the Seller from the property situated in the
Newport oil field on property more particularly described in paragraph 3
hereof.
3. PROPERTY DESCRIPTION. Property known as the Banning Lease
more fully described in Exhibit A 5 B attached hereto and made a part
hereof.
4. GUARANTEE. The Seller represents that the Crude to be
produced from the above property and the right of the Seller to deliver
same are free and clear of encumbrance or other obligation, and Seller
hereby warrants the title to ail Crude delivered hereunder. Seller agrees
to indemnify and hold harmless the Buyer from all loss, damage, cost or
liability which it may sustain by reason of any encumbrance or other obliga-
tion affecting the right of the Seiler to produce, sell or deliver Crude
or by reason of the title to Crude not being in the Seller or by reason of
Crude not having been produced in strict compliance with all applicable
taws, and rules and regulations issued thereunder.
5. DELIVERY. All deliveries hereunder are to be made from
the tankage of Seller situated on the property described in paragraph 3
hereof and either (I) into the pipeline system of Standard Oil Company of
California, Western Operations, Inc., for the account of Buyer or (ii)
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into tank trucks nominated by Buyer as and when the oil is produced and
accumulated in approximately shipping tank lots. Deliveries shall be
gauged in the tankage of Seller or through LACT meters. Delivery shall
not be considered made nor shall title to Crude pass to Buyer until Crude
has been delivered into pipeline or tank trucks nominated by Buyer. The
Seller shall equip each delivery tank with a gate valve and shall connect
its delivery tanks into a suitable suction line. Delivery tanks of Seller
are to be calibrated by licensed tank calibrating engineers whenever, in
the opinion of Buyer, such calibrating is necessary and such calibrations
shall govern the measurement of Crude subsequently delivered from such
delivery tanks. Cost of such calibrating is to be paid by Buyer when
required by Buyer. The Seller will deliver all Crude of a gravity under
twenty degrees (200) A.P.I. at a temperature of not less than one hundred
degrees (1000) Fahrenheit nor more than one hundred seventy degrees (1700)
Fahrenheit; the proper temperature within this range being dependent upon
the gravity of the Crude. Buyer will advise Seller the proper temperature.
6. GRAVITY. The gravity of the Crude delivered hereunder
shall be determined in accordance with A.S.T.M. 287 in its latest revision.
7. B. S. i W. The B. S. 8 W. content of the Crude delivered
hereunder shall be determined in accordance with A.P.I. Standard 2500 in
its latest revision. using such mutually satisfactory cutting solution as
will fully precipitate the B. S. A W. determined in the Crude by the above
tests. Buyer shalt make a deduction for all B. S. 8 W. as determined by
the tests hereinabove mentioned. Buyer shall have the right to refuse to
accept any Crude containing in excess of three percent (3%) B. S. 8 W.
In the event Buyer agrees to accept Crude in excess of 3% B. S. 8 W., then
Buyer shall charge a dehydration charge and Seller agrees that said charge
can be deducted by Buyer from payments hereunder.
8. TEMPERATURE. Sixty degrees (600) Fahrenheit is established
as the normal temperature for all Crude delivered hereunder. Correction
in volume for Crude delivered at temperatures other than sixty degrees (60•)
Fahrenheit shall be made according to the "Standard Abridged Volume Correction
Table for Petroleum Oils" A.S.T.M. designation D- 206 -36.
9. SAMPLES. All samples for testing shall be taken from said
delivery tanks by the Buyer in the presence of a representative of Seller,
0 -3
should Seller so desire. All such samples shall be tested by the Buyer
at its laboratory or such other point as may be mutually agreed upon and,
if required by Seller, shalt be made in the presence of its representative.
It is expressly understood and agreed that Buyer shall not be
required to accept any Crude produced in violation of the orders of any
properly constituted State or Federal authority or produced in excess of
the quotas fixed from time to time by any reasonable conservation or
curtailment program or fixed by the Oil Umpire or any deputy umpire of
the State of California.
10. MAXIMUM LIMIT. Buyer shall not be required to accept
any Crude in excess of 2,000 barrels in any one month.
i1. INTERRUPiION OF DELIVERIES OR RECEIPTS. In the event of
any temporary interruption of the operations of Seller by reason of or
caused by or arising out of strikes, fires, washouts, sanding of wells,
breakage of equipment, tankage or pipe lines, war, declared or undeclared,
inevitable cause, or any cause whatsoever, not ender the control of Seller,
the Seller shall not be required to deliver Crush' hereunder during the
period of such temporary interruption, but deliveries shall commence im-
mediately upon the cessation of such temporary interruption. In the event
of the total or partial temporary interruption of the business of the Buyer
by reason of or caused by or arising out of any of the aforesaid causes,
or any cause whatsoever, not under the control of the Buyer, the Buyer shall
not be required to receive any Crude hereunder during the period of such
temporary interruption but receipt thereof shall commence immediately upon
cessation of such temporary interruption.
12. PRICE. For all Crude oil delivered under this Contract
into the pipeline facilities of Standard Oil Company of California, Western
Operations, Inc., for the account of Buyer, Seller agrees to accept and
Buyer agrees to pay, except as herein otherwise provided, the current price
on the date of delivery, as posted by the Standard Oil Company of California,
Western Operations, Inc., for Crude from the Newport field of tike grade and
gravit,.,.
For all Crude oil delivered by Seller into tank trucks as nominated
by Buyer. Seller agrees to accept and Buyer agrees to pay a price equal to the
prices posted by Standard Oil Company of California, Western Operations, Inc.,
for Crude oil of like grade and gr ^vity less the actual trucking cost of trucking
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the Crude from the tanks situated on Seller's property to Buyer's
facilities located in Wilmington, California.
Buyer shall not be obligated to accept Crude into tank trucks
in less than minimum tank truck toads.
13. IRREGULAR DELIVERIES. If at any time Crude offered for
delivery hereunder shall not be within the limitations and specifications
herein prescribed, Buyer, at its option, may accept said Crude, but no
such acceptance shall be deemed a waiver of Buyer's right at any time
thereafter to require deliveries hereunder to strictly conform to the
herein limitations and specifications, or the Buyer's right to thereafter
refuse to accept oil not conforming to said limitation and specifications.
14. PAYMENTS. All payments for Crude delivered hereunder
shalt be made to Seller or to Seller's assignee named in a written assign-
ment which has actually be received by Buyer at the time payment is due
hereunder. Such payments for Crude delivered hereunder in any calendar
month shall be made on or before the twentieth day of the following month.
If, at the time any payment is due but unpaid, a conflicting claim or claims
are or may be made against Buyer as to title of Seller or Seller's assignee
to any Crude delivered hereunder or any part thereof or any payment due
hereunder or any portion thereof, Buyer may, without incurring liability,
(i) withhold all payments then and thereafter becoming due hereunder pending
final determination of the rights of conflicting claimants or (ii) file an
appropriate action in interpleader and thereafter discharge all further
obligations to make payments hereunder, by paying the Court the amount of
any withheld payments as well as all payments thereafter becoming due. A
conflicting claim or claims shalt be deemed to exist whenever Buyer has
reason to believe that there is any defect in Seller's title to the Crude
produced from the property described in Paragraph 3, including but not
limited to any attachment or any lien asserted on any Crude delivered here-
under or any payment therefor otherwise due hereunder. In the event that
such conflicting claim exists at any the during the term hereof then Buyer
may terminate this Contract by thirty days' written notice to Seller. In
the event there shall be imposed by any properly constituted governmental
authority, a sales tax in addition to any such taxes as now existing, Seller
agrees to pair the same, further agreeing that if they be not paid by Seller,
they may be paid by Buyer tnd deducted from the amount of payments otherwise
due hereunder.
• -5 •
15. NOTICES. Any notice required or desired to be served
hereunder may be served by registered U. S. Mail, postage prepaid with
return receipt requested at the aldresses indicated below or at such
other addresses as either party may designate by notice to the other:
Champlin Petroleum Company
444 Houston Natural Gas Building
Houston, Texas 77002
Armstrong Petroleum Corporation
P. 0. Box 1546
Newport Beach, California 92663
Notice by mail shall be deemed served on the expiration of the second
business day following mailing.
Everything herein contained which binds or affects the parties
hereto shall in like manner bind and affect their respective successors
and assigns.
IN WITNESS WHEREOF, the said parties hereto have caused this
Contract to be executed in duplicate.
CHAMPLIN PETROLEUM COMPAN
Manager, Crude Oil Trading
ARMSTRONG PETROLEUM CORPORATION
BY.
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EXHIBIT A
Beginning at the intersection of the northeasterly pro-
longation of the centerline of Flat Street, 30 feet in width, of
"Ocean Front Tract, Newport Beach ", as shown on a map recorded in
Book 4, Page 12, of Nlscellaneow Maps, records of Orange County,
California, and the northeasterly boundary line of said "Ocean Front
Tract% running thence North 33031'30" East along said northeasterly
prolongation of said centerline 120 feet to the point of intersection
of the southwesterly prolongation of the centerline of 61st Street
of "River Section, Newport Beach ", as shown on a map rccorde: in
Book 4. Page 25 of Miscellaneous Maps, recordsoof said County, with
the southwesterly boundary line of said "Fiver Section ";
Thence South 56.28130" East 551.50 feet along the south -
westerly linecof said "River Section" to the most southeasterly
corner of Lot 1 of said "River Section ";
Thence North 23'18'30" Nest 103.81 feet along the north-
easterly line of lots 1 and 2 of Block 158 of said "River Section"
to a point on the northeasterly line of Lot 2 of said "River Section ";
Thence South 78 °20'30" East 46.50 feet along the centerline
of the state highway to the northwesterly terminus of the ordinary
high tide line of the Pacific Ocean in Newport Bay, being the "SOUTH
LINE" established by the Decree rendered in the action entitled "City
of Newport Beach, plaintiff, vs. Orange County Improvement Association
and others, defendants, Case No. 23586, Superior Court of the state
of California in and for the County of Orange ". a certified copy of
which Decree was recorded September 19, 1928, in Book 201, Page 253
of Official Records of said County;
Thence South 60.19'50" East along the said "SOUTH LINE"
693.19 feet;
Thence South 11.00'34" Nest 260.59 feet to a point on the
northeasterly line of Lot 5 in Block 54 of "Ocean Front Tract'.
Newport Beach, as shown on a map recorded in Book 49 Page 12. of
Miscellaneous Flaps, Records of Orange County. California;
Thence north 56.28130" Nest along said northeasterly
boundary line of "Ocean Front Tact" a distance of 1,299.17 feet
to the point of beginning, and covering 5.135 acres, mom or less.
IL
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EXHIBIT 8
A strip of land of irregular width, being a portion of
that certain real property described in deed to the Pacific Electric
Railway Company, recorded in Book 785, Page 453 of Official Records,
in the Office of the Recorder of Orange County, and a portion of that
certain real property "Second" described in deed to the Los Angeles
Inter -Urban Railway Company, recorded in Book 103, Page 356 of Deeds,
Records of Orange County, lying between the northwesterly bowtdary
of the City of Newport Beach (being identical with the southeasterly
line of Summit Street and the northeasterly prolongation thereof) and
the center line of 53rd Street and the prolongation thereof across
said strip of land.
EXCEPTING therefrom the surface of said strip of land and
the subsurface of said strip of land to a depth of 5OO feet measured
from the surface of the ground.
ALSO EXCEPTING therefrom the streets and alleys shown on
Yap of Newport Beach, recorded in Book 3, Page 26 of Miscellaneous
Maps, in the Office of the Recorder of Orange County.
The above- described strip of land being subject to Easement
for Highvay, described in Deed to the City of Newport Beach, dated
June 17, 1926, and subject to Easement $or the Opening of Orange Street,
50 feet wide, by Dead dated September 280 1936, from the Pacific
Electric Railway Company to the City of Newport Beach.
Also a strip of land, 60 feet in width, adjacent to the
southerly boundary of the above described strip of land, being a
portion of those certain real properties "first" described in Dead&
to the Los Angeles inter -Urban Railway Company, recorded in Deed Books
108, Page 244, and 103, Page 356, Records of Orange County, being also
a portion of that certain real property described in Deed to the Los
Angeles Inter -Urban Railway Company, recorded in Deed Book 139, Page
90 in the Office of the Recorder of Orange County, lying between the
northenastarly boundary of the City of Newport Beach (being Identical
with the southeasterly line of Summit Street and the northeasterly
prolongation thereof) and the center tine of 53rd Street and the pro-
longation thereof across said strip of land.
EXCEPTING therefrom the surface of said strip of land and
the subsurface of said strip of land to a depth of 500 feet measured
from the surface of the ground.
ALSO EXCEPTING therefrom all that certain real property
described in Deed to Newport Beach Company, recorded in Book 139,
Page 41 of Deeds, in the Office of the Recorder of Orange County.
The above - described 60 foot strip of land being subject to
Easement for the Opening of Orange Street, 50 feet wide. by Deed dated
September 28. 1936, from the Pacific Electric Railway Company to City
of Newport Beach.
Subject also to the Opening or widening of a street along
the southwesterly side by Condemnation No. 28144.