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HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcel S-12S vEVSe��,'S190, GG s�A ff 73 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 .. 4c. a� .Is I a ,L II ZIj 4 j q ♦� �e `1 � j �.i J ,C YI W �°p°o. %% o��_ri. i.�';'LL•rer��i j U Ci K �� etiJ. • i �i. .. I ' jM'r0 �Si9�3 af.•e.K F [L, F .�f R it • 4t 8 O _ n a X ,�.. . „A• � L yip ��• I - Wo LU n WM � 1 L1 '[ r� VLri r`no W Wg0 �•W ~• I.�— �I �j I as �.J t .rwnns LL o x EXHIBIT "C” r`a d ¢l 9 S U � 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